Minutes
City of
REGULAR MEETING
The regular meeting of the Beacon City Council at the
Council Members Present: Deanna
Leake, Eleanor Thompson,
Also Present: City Administrator, Joseph Braun
City Attorney, Gerard Pisanelli
David Stolman, AICP, PP President of Frederick P. Clark Assciates, Inc. Planning/Development/ Environment/ Transportation
Art
Tully, of Lanc & Tully Engineering and Surveying,
Tim Dexter, Building and Safety Inspector
The media were represented by: Goldee Greene, Beacon Free Press
Michelle
Lee,
Residents presents at beginning: 35
Public Hearings:
1. NYS Department of Environmental Conservation Stormwater Permit
Requirements
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, March 7, 2005, at the City of
Beacon Municipal Center, One Municipal Plaza, Beacon, New York at 7:30 P.M., Or
As Soon Thereafter As The Matter Is Reached On The Agenda, in which a brief
overview of the New York State Department of Environmental Conservation Storm
water Permit Requirements and current status of the project will be given.
City of
The Planning Board over the
last year has taken a detailed look at all proposed projects, including those
under construction, to ensure that erosion and sediment control requirements
are being met during the planning process. This work is proposed to continue
over the next year to include expanding the Outreach Program that keeps the
public abreast of these changes. This is accomplished by the use of pamphlets,
leaflets and messages on cable access television/blue screen.
All interested persons and citizens shall have an
opportunity to be heard on said proposals at the date, time and place
aforesaid.
Public Hearing Comments:
Art Tully, City Engineer: The City of Beacon was designated by NYS DOT
as a small MS4 community. The MS4 stands
for Municipal Separate Storm water System that is basically a program to clean
up storm water runoff in communities throughout the state and the country. We have developed a program that the city has
implemented and continues to implement which is a five-year program. We are required to hold a public hearing
annually on that program which is being held at the
Dennis Pavelock,
Art Tully said that he does not have this
information with him but he will get back to Dennis Pavelock.
Council Member Kyriacou: Your letter from Lanc and Tully says that the
governing body needs to hold a Public Hearing during one of the meetings. Obviously, the purpose of that is for the
public to understand what the project is.
Have we provided the public enough information for them to comment on
this? The impression I am getting from
those sitting out there is that this is something that nobody understands.
Art Tully, City Engineer: No, we have not. The reason is that this is the first year
that we are implementing the program. As
part of the subsequent years, we are going to be developing literature and
information will be put on cable television so it is more of an outreach
program as we become familiar with it.
The first year was spent in developing the program, identifying pipes,
trying to understand what is going on in the city in terms of where our problem
areas are for storm water quality. As time goes on, we will be involved more
and more in the program.
Council Member Kyriacou: If we truly want public comments, we need to
put something out there that will provide a brief overview of the current
status of the program. I am willing to continue this hearing until we get
something out there. I just don’t want
to have someone complain later on that we had a hearing but there was no
information.
Art Tully: There was information. We did an Annual Report in October where we
described the work that was done the previous year and what we anticipated
happening in subsequent years. This
information has been available since October in City Hall to review.
Council Member Thompson: I agree with Lee. Something should be put in the newspaper so
that the residents of Beacon will be able to understand the project.
Art Tully: That’s fine. Our
intention is to make the community aware that storm water quality is an
important issue for all of us and if keeping the public hearing open is a
measure to do this than we are all for it.
Motion to adjourn Public Hearing until the
public can be informed and understand more about this project. Council Member Fasano.
Seconded:
Council Member Thompson.
All voted in favor. Motion
carried.
Community Segment: None
Mayor Clara Lou Gould asked for approval of Minutes for Council
Meeting -
Motion to approve Minutes: Council Member: Way. Seconded: Council Member Leake. All voted in favor. Motion carried.
Reports: Text from these
reports for
Mayor’s Communications read by Mayor Clara Lou Gould
City Administrator, Joseph Braun gave a report of his Activities
City Attorney, Gerard Pisanelli read his Report of Activities – 1st
Meeting of the Month
Mayor Clara Lou Gould read her Report of Activities
Council Members gave their Reports of Activities
Public Comments: Pertaining to This Agenda Only
A copy of the following letter from Lou Sebesta,
RE: Comments
on Subdivision Proposal for Hiddenbrooke Property, Beacon, NY
Dear Ladies and Gentlemen:
I appeal to
you to take a much closer look at these
proposals from an environmental and
community public resource perspective. It is critical that the City of
This land is a
natural and cultural treasure, containing scenic forests and streams with high
potential as a low impact public recreation area, wildlife habitat, and is a
prime gateway to the open spaces of the Hudson Highlands conservation area
lands owned by Scenic Hudson; for these main reasons it should be conserved for
public benefit and not developed at all, or at least not to the scale of the
existing proposals.
Merely relying
on the presence of various developments and open spaces existing at the Beacon
waterfront, most of which are not owned by the City of Beacon, will not reserve
enough of this precious resource of public natural open space for our citizens
now and in the future. Natural open space will become recognized as an
increasingly cherished resource for maintenance of a high quality of life for
our citizens as more and more open land for habitat and low impact recreation
is gobbled up by encroaching sprawl development in the immediately surrounding
environment in the town of
Simply
expanding the zoning to allow larger parcels in not the answer, since most
developers cut down all the trees and create vast acreage of high income
enclaves of mega‑mansions surrounded by unnatural turf grass, unavailable
to the public.
Ideally, the
city should make the developer an offer to recoup his investment and conserve
this parcel for the citizens of Beacon for today and for the future. A
consensus process could be pursued to plan a variety of uses, but most of which
should be conserved in open space due to its ecological sensitivity and value
as a natural asset.
If this ideal
alternative is not possible or the will of the city is not to take this course,
then at a minimum the city of Beacon should negotiate with the developer to
pursue plans in the character of "cluster development", in which a
smaller proportion of land closer to Depuyster Avenue is consigned to housing,
while the majority of the land, particularly the acreage further up hill, and
which contains sensitive wetlands and more pristine forest suitable for trails
and low impact recreation and wildlife habitat should be maintained for the
public in a permanent conservation easement.
Thank you for considering my
perspective on this important issue. I appeal to you to make the right decision
for the citizens of Beacon.
Matt Kinney: I live and
work in Beacon. I think what the city is
planning for the Hiddenbrook property will destroy the resource for this town
spiritually and environmentally.
Avery Long –
Bernadette Clement, 82 Jessen Place – The first thing I would like
to say over and over and over again, “Hiddenbrook means hidden springs”. When this builder goes in and tries to
develop, he is going to run into springs.
There are a couple of houses in our community that were built on springs
during a drought. Now
when it rains their house floods.
The second thing that the Mayor brought up is that
Tom Baldino,
A Beacon Resident – Ursuline Property – The situation is that if
you do not have storm sewers to take that water that is coming down from these
developments away from the lake, you will have a crisis there. The water from melting snow is nothing compared
to what rainwater will do to the property if this property is developed. The water has to go somewhere other than into
the lake.
Vinnie Cervone – 77 Depuyster – The land in question borders my
property for about 200’. It is very
beautiful back there so naturally I do not want to see any development. There is a 10 foot wide brook behind my
property that gets to 150 feet wide when there is a rainstorm. It washes everything out. The traffic is already horrendous on that
street. The new high school is almost
filled to capacity now. You can never
pay for your services in your taxes. The
tranquility of the nuns in the convent should be respected. I urge you to do whatever you can to not let
this development happen.
Shannon Murphy - The owner has been unwilling to speak to Scenic
Hudson who is interested in purchasing over a third of the property. There is money available but it has to be
asked for and the owner has to be willing.
We don’t need another housing development. We should consider parks. We need open space such as woods, fields and
streams. It can be used by all of us and
improve our quality of life here. We
have to go after it and believe that it is possible because it is.
Dennis Pavelock,
Peter Gadbois,
Tim Kelleher,
Mike McConnell – I grew up near Hiddenbrook. If you walk through the property, there is
no way to make a road. In the paper it
says that someone bought four acres. How could this happen if the zoning is not
in place? Note: He was told that the sale is contingent on
the zoning being approved.
Bernadette Clement,
No further comments
UNFINISHED BUSINESS:
Resolutions:
Local Laws
and Ordinances:
NEW BUSINESS:
Resolutions:
1.
Resolution No. 23 of 2005 – Authorize Mayor to Bid and Execute contract with Roehrs
Construction for Cross Street Parking Lot.
Read by City Administrator, Joseph Braun
RESOLVED, that the Mayor be
authorized to accept the lowest responsible bid submitted by Roehrs
Construction of Clintondale, NY for the Cross Street Parking Lot Project and be
it further
RESOLVED, that the Mayor be hereby authorized to execute a contract with, Roehrs Construction of Clintondale, New York in the amount of $89,727.00 for the Cross Street Parking Lot Project.
Motion to Authorize Mayor to Bid and Execute Contract: Council Member Antalek. Seconded: Council Member Fasano. On a roll call vote, all voted in favor. Motion carried.
2.
Resolution No. 24 of 2005 - Authorize the Office of the Assessor to Issue a Corrected Bill for
2005 Real Property Taxes,
WHEREAS, application for Alternative Veteran's
Exemption was filed on February 25, 2003 and accepted subject to receiving the
deed for real property located at 23 Helen Court, Grid No. 6054‑04‑737126,
and
WHEREAS, the deed was received and processed on
March 14, 2003, at which time due to clerical error the Office of the Assessor
failed to record the Veteran's exemptions on the tax rolls, and
WHEREAS, the amount levied for 2005 county and city
taxes was $1,806.16 which with the Veteran's exemptions as provided under 458‑a
RPTL should have been $1547.29, and
WHEREAS, the Dutchess County Real Property Tax
Service and the Office of the Assessor recommend that the application for a
correction be approved,
NOW THEREFORE, BE IT RESOLVED, that the application
for correction of the 2004 tax roll to reflect the Veterans exemption for
BE IT RESOLVED, that notice of said approval and a
corrected bill for the 2004 county and city real property taxes in the amount
of $1,547.29 shall be issued to Michael F. Kozak and Danielle M. Kozak, the
owners of real property located at 23 Helen Court.
Motion to Authorize the Office
of the Assessor to Issue a Corrected Bill:
3. Resolution No. 25 of 2005 – Authorize
Mayor to Sign Agreement Extending Current Sales Tax Agreement with
RESOLVED,
that the Mayor and the City Council of the City of Beacon hereby authorize the
Mayor to sign the extension of the Sales Tax Agreement between Dutchess County,
the City of Poughkeepsie and the City of Beacon for the period March 1, 2005
through February 28, 2010.
Motion to authorize Mayor to Sign Agreement
Extending Current Sales Tax Agreement:
Council Member Thompson. Seconded: Council Member
Fasano. On a roll call vote, all
voted in favor. Motion carried.
Local Laws and
Ordinances:
1. Resolution No. 26 of 2005 – Proposed Local Law A: Changing the Zoning of Property from R1-10
One Family Residence District to R1-40 One Family Residence District. Set Public Hearing for
Motion to set Public Hearing on
2.
Resolution No. 27 of 2005 – Proposed Local Law B:
Changing the Zoning of Property from $-1-40 One Family Residence
District to R-1-80 One Family Residence District. Set Public Hearing for
Motion to set
Public Hearing for
3. Resolution No. 28 of 2005 – Proposed
Local Law C: Changing the Zoning of
Property from R-1-40 One Family Residence District to R1-120 One Family
District. Set Public Hearing for
Motion to set Public Hearing for
Ratifications:
1. Resolution
No. 29 of 2005 – Ratifications: Mase
Hook and Ladder:
1.
Kevin Eagan Jr.
as Active Member of Mase Hook and Ladder effective March 1, 2005.
2.
John L. Miller
Jr. as a Jr. Active Member of Mase Hook and Ladder effective March 1, 2005.
3.
Kenneth Durr remove from Active Rolls effective
Motion to Ratify: Council Member Fasano. Seconded: Council Member Thompson. All voted in
favor, motion carried.
Appointments/Announcements:
Announcement:
City of
Last opportunity for Public Comments:
Tom Baldino: distributed the following
comments to the Mayor and the City of
I have just purchased wind
power, which with my solar plates makes me completely free of using fossil
fuels for the generation of my electricity. The use of this wind power adds a
mere $60 to my annual electricity bill. The town of
Was the resolution this
Council unanimously passed calling for the two dirty coal burning plants three
miles to the north of us to conform to higher standards out of concern for the
health of our citizens a real concern or just a breath of wind amounting to
nothing? With the threat of global warming, that our Johnny ‑‑come‑lately
president has now come to acknowledge, you should be ashamed of yourselves to
allow other countries and communities to carry the burden of reducing
dependence on fossil fuels especially since our country produces 25% of the
worlds pollution and the most per capita in the world.
I have
tried to arrange for a salesman to come and talk at a meeting and answer any
questions you might have concerning the purchase of wind power. The salesman is
ready to come but my request has been rejected. Is the Council overburdened?
Lately a meeting was cancelled because there were too few agenda items. Last
week the meeting was over early, because there was a light agenda. I believe
that this is an ideal time to consider my request once again to have the
salesman make a presentation. If you can spend $8000+ on a row of trees to
screen the aesthetically unappealing transfer station, you can spend the same
amount on the purchase of wind power and put some real power behind your wind.
I believe that if you were willing you could purchase a bit of wind power at
present with no bad consequences, but you certainly should be ready to swing
into action when the State Senate makes the purchase legal. Presented
by Tom Baldino to the
Gary and Christine Van Hoy: Regarding their property. I want to understand how decisions are made. No one asked what we were asking for. Why was it suggested that we come to the Council Meeting this evening and speak to the council members about our request. Mr. And Mrs. Van Hoy were referred to the Zoning Board to appeal their negative decision.
Dennis Pavelock,
Betty DiPompo: I want to thank Mike Fasano for showing his disapproval of the letter in the Dispatch regarding our Police Officers. There was no need for this letter. I am disappointed in the person who sent it to the Newspaper. Every time I come here, I say how we have a shortage of policemen. We never had a full staff. As a taxpayer, I want this stopped. What are you doing to our police?
Jonathan Crone, Vice President PBA – Regarding the Police Dept. We do not care if you give the crossing guards to another department. We have enough to do without doing crossing guard duty. We did have 14 guards at one time but some of them quit.
Fritz Ohlhoff – Thank you Mike for the interest in the work we did at the memorial building. The other day I found a drug free sign on my property. It must have gotten knocked off by the snowplow. I saw the plan of the library and it is excellent. Thank you
No further comments
Budget Amendments: Council
Action Budget Amendments –
1. Amend the General Fund Balance (Code: A 909) in the amount of $2,700.00 for the
Police Department Juvenile Division (A 6123.X1050.00). These funds are required to complete the
accreditation project that was authorized by the council amendment on
Motion to Amend the General Fund Budget in the amount of $2,700.00 for
the Police Department Juvenile Division:
2. Amend
the General Fund Budget for the Fire Department 2004 Floor Repair (A
3410.X4473.04) by transferring $375.00 to Highway Department Materials and
Supplies (Code: A 5110.X4160.00). This transfer is to cover the cost of stock
materials used to prepare the Fire Department floor prior to pouring new
concrete.
Motion
to Amend the General Fund Budget for the Fire Department 2004 Floor
Repair: Council Member Antalek. Seconded: Council Member Fasano. On a roll call vote, all voted in favor. Motion carried.
3. To Amend the General Fund - Crossing Guards line item by
adding $8,471.00 – Supplemental Appropriation – Crossing Guards Budget Increase
from $8:50 to $10.50 an hour.
Motion to approve Supplemental Appropriation by adding $8,471.00 to
Crossing Guard Budget:
Review of Bills: Disbursements as of
Next Workshop Date:
Next Council Meeting:
Motion to Enter into an Executive Session
at
Motion to end Executive Session at
Adjournment: Motion to adjourn at
Text
from Reports for
Mayor’s
Correspondence:
RE: Meadow Ridge II Senior
Citizen Residence
This is to inform you of our intention to submit the above
referenced application under the Federal and State Low-Income Housing Tax
Credit (LIHTC) Program to the New York State Division of Housing and Community
Renewal. These Programs were established by the Federal Tax Reform Act of 1986
(with a new Section 42 in the Internal Revenue Code) which authorized federal
assistance in the form of tax credits for owners of rental housing that is
reserved for households earning 60% or less of the area median income and by
Article 2-A of the Public Housing Law which authorized state tax credits for
owners of rental housing that is reserved for households earning 90% of less of
the area median income, respectively.
Furthermore, under the Internal Revenue Code Section 42(m)(A)(ii), an allocation of Credit to a project cannot be
made unless the Chief Executive Officer (or the equivalent) of the local
jurisdiction within which the proposed project is located, is notified and is
provided a reasonable opportunity to comment on the project.
If you have any comments regarding the enclosed application,
please submit them within 20 days of receipt of the enclosed application to:
The returned certified mail postal receipt for this package
accepted and signed for by your office, will be forwarded to DHCR to serve as
proof that the requirements of Section 42 (m) (A) (ii) have been met by this
Credit Program applicant.
If you wish to discuss the enclosed application or any other
aspect of the proposed project, please feel free to contact me at the address
above or call me at 914.297.2004.
RE: Circle M Wood Treating
Corporation - Fishkill
The community is invited to attend a public meeting on
Meeting is sponsored by the New York State Department of
Environmental Conservation (NYSDEC) and the New York State Department of Health
(NYSDOH). The NYSDEC will present several
alternatives that were evaluated to address this
contamination, along with the rationale for recommending the Proposed Remedial
Action Plan (PRAP).
During the meeting, the NYSDEC will accept comments on the
proposed plan. The NYSDEC will also accept written comments on the plan through
SITE DESCRIPTION
The Circle M Wood Treating Corporation (Circle M) site is a
21-acre former manufacturing facility located within the 58.6-acre
The topography of the Circle M site is relatively flat. The soil
is characterized by thick deposits of silt and clay overlain by fill that is up
to 8 feet in depth. The depth to the groundwater table ranges from 4 to 11 feet
below ground surface in the silt or clay layer. The silt and clay layers have
low permeabilities and, consequently, the groundwater flow rate is low. Potable
water supply for the nearby properties is provided by the Rombout Water
District. There are two private wells reported to be within a quarter mile
radius of the site.
SITE HISTORY
Circle M specialized in a process in which wood was treated with
chromated copper arsenate (CCA) in the eastern half of an 18,500 square foot
building. This building was one of at least six major buildings located in the
Park (see Fig. 2). The manufacturing operation ran for five years, from 1986
through 1990. - Circle M vacated the property in early 1990.
In 1990, the NYSDEC listed the site as a Class 2 site in the
Registry of Inactive Hazardous Waste Disposal Sites in
required