Minutes
City of Beacon Council Meeting
May 2, 2005
REGULAR MEETING
The regular meeting of the Beacon City Council held at the Municipal Center, One Municipal Plaza on May 2, 2005 was called to order at 7:35 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.
Council Members in attendance were: Deanna Leake, Eleanor Thompson, Lee Kyriacou, and Fred Antalek
Council Members excused Sam Way and Mike Fasano:
Also present were: City Administrator, Joseph Braun
City Attorney, Gerard Pisanelli
Media represented by: Michelle Lee, Poughkeepsie Journal
Goldee Greene, Beacon Free Press
Residents at beginning of meeting: 22
Public Hearings:
1.Proposed Local Law Amending Chapter 223, Zoning, of the City of Beacon Code with Respect to New Uses, and Parking Standards and Regulations therefor. (Adjourned at the April 18, 2005 Meeting) read by City Attorney Gerard Pisanelli.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, April 18, 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, to consider a Proposed Local Law Amending Chapter 223, Zoning, of the City of Beacon code with Respect to New Uses, and Parking Standards and Regulations Therefor. This local law is intended to amend the City's Zoning Law with respect to the accommodation of certain new uses. The local law would take effect immediately upon its filing with the Secretary of State. Complete copies of the proposed local law are available at the Municipal Center for inspection during regular hours. 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:
Jennifer VanTuyl – I would like to thank the board for the attention they have given our concerns to modify the law relating to Museums and Dia’s property. I would also like to personally thank the board for being so attentive and responsive to the concerns of the people. Thank you
Steven Evans from Dia: I second Jennifer’s motion as a citizen of Beacon. The changes that were made are very positive stuff and will encourage further growth in Beacon.
No further comments
Motion to close Public Hearing: Council Member Antalek. Seconded: Council Member Thompson. All voted in favor. Motion carried.
Community Segment: The Spirit of Beacon: One Week of Photography, 2005. John Fasulo reiterated much of what was said in his press release below. He added that he wanted to thank the council for their support so far. At the first meeting we had about a month ago, we had 6 or seven photographers. At the last meeting we had about 30 photographers. It is an event that I have been thinking about for a long time. It has come to truition through my efforts and the efforts of the Beacon City Council. Following is a copy of a Press Release dated April 26, 2005.
The Spirit of Beacon: One Week of Photography 2005
The Spirit of Beacon: One Week of Photography 2005 event is scheduled for May 7th through the 15th. Thirty photographers will be photographing Beacon’s people, landscape and architecture. As a benefit for the Beacon Historical Society, a portfolio of prints will be donated by the photographers to the society for their archives. Another portfolio of photographs will be auctioned off to raise funds for the society. Steve Gold, web master for the City of Beacon web site has offered to create an on-line gallery of the event. John Fasulo, Beacon native and photographer/cameraman is organizing the event,” this is an historic event for Beacon, 30 photographers shooting here has never happened before.”
On Wednesday evening, three area photographers will show and discuss their work, Mary Anne Glass, Joe Squillante and John Fasulo will show slides of their work and talk about their photography. A gallery show is planned for a future date. The group is seeking a local gallery to host a show or would like to utilize a large empty commercial space that might be available.
For Further Information Contact: John Fasulo – 845-401-0278
Mayor asked for Approval of Minutes for Council Meeting: with corrections as follows:
First Page: City Attorney, Gerard Pisanelli and City Administrator, Joseph Braun should be added to the attendees at the April 18, 2005 Council Meeting.
Second: On page 16 – 2nd line from the bottom of page - % signs were inserted.
April 18, 2005
Motion to approve minutes with corrections: Council Member Thompson. Seconded: Council Member Leake. All voted in favor. Motion carried.
Reports: Text from reports for May 2, 2005 is at the end of these minutes.
Mayor’s Communications read by Mayor Clara Lou Gould:
City Administrator read his Report of Activities
City Attorney read his Report of Activities – 1st Meeting of the Month
Mayor Clara Lou Gould read her Report of Activities
Council Reports of Activities gave their reports of activities.
Public Comments: Pertaining to This Agenda Only
Dennis Pavelock, 34 Judson Street – Asked for an explanation of Resolutions 4, 5, and 6 under New Business on the agenda. Why and what do those numbers stand for and why are they different? City Attorney, Gerard answered: They are different items involving different parts of the waterfront.
Sara Pasti, 57 Fulton Avenue Beacon – I would like to thank the city council for tabling the definitions of parking uses until we had a chance to meet with David Stolman and a small group to discuss parking. There is still a long way to go but we do appreciate the time and opportunity to have input on behalf of all the businesses on Main Street. Thank you very much.
No further comments on the agenda
UNFINISHED BUSINESS:
Resolutions:
Local Laws and Ordinances:
1. Proposed Local Law - Amending Chapter 223, Zoning, of the City of Beacon Code with Respect to New Uses, and Parking Standards and Regulations therefor. Tabled at the April 18, 2005 Meeting. Second Reading: Read by City Administrator, Joseph Braun.
a. Resolution No. 38 of 2005 - Adopt Negative Declaration for Proposed Local Amending Chapter 223, Zoning, of the City of Beacon Code with Respect to New Uses, and Parking Standards and Regulations therefor. Read by City Administrator, Joseph Braun.
ATTACHMENT
NEGATIVE DECLARATION: REASONS SUPPORTING DETERMINATION
The Proposed Action involves the adoption of a Local Law amending Chapter 223, Zoning, of the City of Beacon Code. The Proposed Action does not involve site-specific construction or development activity.
Reasons Supporting Determination
A more detailed description of the proposed Local Law is discussed below:
1. DEFINITIONS
The proposed Local Law would amend Section 223-63, Definitions, of the Zoning Law by adding the following new definitions in their proper alphabetical order:
ART GALLERY OR EXHIBIT SPACE – A space in which works of art are bought, sold, loaned, appraised and/or exhibited to the general public.
BAR – An establishment serving alcoholic and non-alcoholic beverages for consumption on premises, and where food may be served as an accessory use. The term "bar" includes the terms barroom, wine bar, tavern, pub and saloon.
BREW PUB – A "bar" or "restaurant," as defined herein, that includes as an accessory use the brewing of malt beverages for consumption on premises. The area used for brewing, including bottling and kegging, shall not exceed 30% of the gross floor area of the commercial space and shall not produce more than 5,000 barrels of beverage per year.
COFFEE HOUSE – A retail food establishment whose primary business is the sale of coffee and other non-alcoholic beverages, and where food service such as the sale of baked or deli goods is secondary to the sale of the beverages.
MICROBREWERY – A facility for the production, packaging and sampling of malt beverages of alcoholic and/or non-alcoholic content for retail or wholesale distribution, on or off the premises, which does not produce more than 15,000 barrels of beverage per year.
MUSEUM – A building serving as a repository for a collection of natural, scientific or literary curiosities, objects of interest or works of art, and arranged, intended and designed to be used by members of the public for viewing, with or without an admission charge, together with customary accessory uses including, for example, retail sail of goods to the public; café food service; art, dance and music performances; literary readings and showing of films.
RESTAURANT – An establishment whose primary business is the sale of food and beverages, selected from a full menu, to customers seated at a table or counter, served by a waiter or waitress, or at a buffet, for consumption on the premises. At least 50% of the total gross floor area must be used for the seating of customers. A "restaurant" may include the serving of alcoholic beverages and the provision of carryout food service if they are incidental to the consumption of food and beverages. The term “restaurant” does not include a business whose principal operation is as a "bar," "cabaret," carryout food service, delicatessen or fast-food establishment.
2. PARKING STANDARDS
a. The proposed Local Law would amend Section 223-26.F, Schedule of Off-Street Parking Requirements, by adding the following items:
|
Use
|
Minimum Off-Street Parking |
|
Art gallery/exhibit space |
1 space for each 250 square feet of gross floor area
|
|
Bar or brew pub |
1 space for each 3 patron seats or 1 space for each 50 square feet of gross floor area, excluding kitchen and storage areas, whichever is greater
|
|
Microbrewery |
1 space for each employee on the largest shift, plus 1 space for each 3 patron seats in any tasting room or other visitor facility open to the general public
|
|
Museum |
1 space for each 300 square feet of gross floor area
|
b. Further, the proposed Local Law would amend the following item as follows[1]:
|
Use
|
Minimum Off-Street Parking |
|
Museum
|
1 parking space per 3,000 square feet of gross floor space |
|
Restaurant or coffee house |
1 space for each 3 patron seats or 1 space for each 150 square feet of gross floor area, excluding kitchen and storage areas, whichever is greater
|
|
Other uses not listed |
Off-street parking requirements for types of uses
which do not fall within the categories listed above shall be determined by
the Planning Board upon consideration of relevant
factors entering into the parking needs of each such use |
3. USES
a. In Section 223-17.C, Schedule of Regulations for Residential Districts, Permitted Principal Use 7 shall be amended to read as follows:
*7. Public library, art gallery, exhibit space or museum.
b. In Section 223-17.D, Schedule of Regulations for Nonresidential Districts, the following uses shall be added to the list of Permitted Principal Uses in the Local Business (LB) District:
6. Public library, art gallery, exhibit space or museum.
*7. Bar, brew pub or microbrewery.
c. In Section 223-17.D, Schedule of Regulations for Nonresidential Districts, Permitted Principal Use 2 pertaining to the Office Business (OB) District shall be revised to read as follows:
*2. Restaurant or coffee house.
d. In Section 223-17.D, Schedule of Regulations for Nonresidential Districts, Permitted Principal Use 3 pertaining to the Local Business (LB) District shall be amended to read as follows:
*3. Restaurant or coffee
house and other places serving food and beverages.
e. In Section 223-17.D, Schedule of Regulations for Nonresidential Districts, Permitted Principal Use 1.c pertaining to the Central Business (CB) District shall be amended to read as follows:
c. Restaurants and coffee houses and other
places serving food and beverages are not subject to the special
permit procedures set forth in § 223-18.
In summary, with the approval of the proposed Local Law:
1. “Exhibit space” would be permitted as a principal use by special permit in all residential zoning districts.
2. “Public library, art gallery, exhibit space or museum” would be permitted as a principal use in the LB, CB, General Business (GB), Light Industrial (LI) and Heavy Industrial (HI) Districts.
3. “Bar, brew pub or microbrewery” would be permitted as a principal use by special permit in the LB, CB, GB, LI and HI Districts.
4. “Coffee houses” would be permitted as a principal use in CB, GB, LI and HI Districts and by special permit in OB and LB Districts.
The introduced uses are in keeping with the uses currently permitted in the above mentioned districts, and in no case do the proposed uses represent a lessening of the restrictiveness of the zones in which they are being introduced. Further, the new uses provide for a broadening of the permitted principal uses and the institution of appropriate regulation of these uses through the site plan review and approval process, the State Environmental Quality Review process and, in certain cases, the special permit review and approval process. The proposed Local Law is consistent with and serves to implement the goals and policies of the City of Beacon Development Plan, by introducing new uses that will strengthen the City’s viability as both a premier tourist destination and a desirable place in which to live and invest. Therefore, the proposed Local Law, on its own, will not have any adverse impacts on the environment, but rather will improve the general health and welfare of the community.
CONCLUSIONS
The proposed local law is not expected to result in any adverse impacts on the environment. More specifically:
• The Proposed Action will not directly result in any construction or physical changes to any properties.
• The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA).
• The Proposed Action will not have a significant adverse environmental impact on any unique or unusual land forms.
• The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected.
• The Proposed Action will not have a significant adverse environmental impact on any non-protected existing or new body of water.
• The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity.
• The Proposed Action will not have a significant adverse environmental impact on or alter drainage flows or patterns, or surface water runoff.
• The Proposed Action will not have a significant adverse environmental impact on air quality.
• The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species.
• The Proposed Action will not have a significant adverse environmental impact on any non-threatened or non-endangered species.
• The Proposed Action will not have a significant adverse environmental impact on agricultural land resources.
• The Proposed Action will not have a significant adverse environmental impact on aesthetic resources.
• The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance.
• The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities.
• The Proposed Action will not have a significant adverse environmental impact on existing transportation systems.
• The Proposed Action will not have a significant adverse environmental impact on the community's sources of fuel or energy supply.
• The Proposed Action will not have a significant adverse environmental impact as a result of objectionable odors, noise or vibration.
• The Proposed Action will not have a significant adverse environmental impact on the public health and safety.
• The Proposed Action will not have a significant adverse environmental impact on the character of the existing community.
Based upon the information above and in the information in the Full Environmental Assessment Form, the City Council finds that the adoption of the Local Law will not have any significant adverse impacts upon the environment. This Negative Declaration indicates that no environmental impact statement needs to be prepared and that the SEQRA process is complete.
Motion to adopt Negative Declaration: Council Member Antalek. Seconded: Council Member Thompson. On a roll call vote, all voted in favor. Motion carried.
b. Resolution No. 39 of 2005 - Adopt Proposed Local Law No. 02 of 2005 - Amending Chapter 223, Zoning, of the City of Beacon Code with Respect to New Uses, and Parking Standards and Regulations therefor. Read by City Administrator, Joseph Braun.
BE IT ENACTED by the City Council of the City of Beacon as follows:
The intent and purpose of this Local Law is to amend the City’s Zoning Law with respect to the accommodation of certain new uses.
1. Section 223-63, Definitions, is hereby amended by means of adding the following new definitions in their proper alphabetical order:
ART GALLERY OR EXHIBIT SPACE – A space in which works of art are bought, sold, loaned, appraised and/or exhibited to the general public.
BAR – An establishment serving alcoholic and non-alcoholic beverages for consumption on premises, and where food may be served as an accessory use. The term "bar" includes the terms barroom, wine bar, tavern, pub and saloon.
BREW PUB – A "bar" or "restaurant," as defined herein, that includes as an accessory use the brewing of malt beverages for consumption on premises. The area used for brewing, including bottling and kegging, shall not exceed 30% of the gross floor area of the commercial space and shall not produce more than 5,000 barrels of beverage per year.
COFFEE HOUSE – A retail food establishment whose primary business is the sale of coffee and other non-alcoholic beverages, and where food service such as the sale of baked or deli goods is secondary to the sale of the beverages.
MICROBREWERY – A facility for the production, packaging and sampling of malt beverages of alcoholic and/or non-alcoholic content for retail or wholesale distribution, on or off the premises, which does not produce more than 15,000 barrels of beverage per year.
MUSEUM – A building serving as a repository for a collection of natural, scientific or literary curiosities, objects of interest or works of art, and arranged, intended and designed to be used by members of the public for viewing, with or without an admission charge, together with customary accessory uses including, for example, retail sale of goods to the public; café food service; art, dance and music performances; literary readings and showing of films.
RESTAURANT – An establishment whose primary business is the sale of food and beverages, selected from a full menu, to customers seated at a table or counter, served by a waiter or waitress, or at a buffet, for consumption on the premises. At least 50% of the total gross floor area must be used for the seating of customers. A "restaurant" may include the serving of alcoholic beverages and the provision of carryout food service if they are incidental to the consumption of food and beverages. The term “restaurant” does not include a business whose principal operation is as a "bar," "cabaret," carryout food service, delicatessen or fast-food establishment.
2. Section 223-26.F, Schedule of Off-Street Parking Requirements, is hereby amended by means of adding/amending the following items:
|
Use
|
Minimum Off-Street Parking |
|
Art gallery/exhibit space |
1 space for each 250 square feet of gross floor area
|
|
Bar or brew pub |
1 space for each 3 patron seats or 1 space for each 50 square feet of gross floor area, excluding kitchen and storage areas, whichever is greater
|
|
Microbrewery |
1 space for each employee on the largest shift, plus 1 space for each 3 patron seats in any tasting room or other visitor facility open to the general public
|
|
Museum
|
1 space for each 300 square feet of gross floor area
|
|
Museum
|
1 parking space per 3,000 square feet of gross floor space |
|
Restaurant or coffee house |
1 space for each 3 patron seats or 1 space for each 150 square feet of gross floor area, excluding kitchen and storage areas, whichever is greater
|
|
Other uses not listed |
Off-street
parking requirements for types of uses which do not fall within the
categories listed above shall be determined by the Planning Board upon
consideration of relevant factors entering into the parking needs of each
such use |
3. In Section 223-17.C, Schedule of Regulations for Residential Districts, Permitted Principal Use 7 shall be amended to read as follows:
*7. Public library, art gallery, exhibit space or museum.
4. In Section 223-17.D, Schedule of Regulations for Nonresidential Districts, the following uses shall be added to the list of Permitted Principal Uses in the Local Business (LB) District:
6. Public library, art gallery, exhibit space or museum.
*7. Bar, brew pub or microbrewery.
*The asterisk in front of a use denotes that it is a Special Permit Use.
5. In Section 223-17.D, Schedule of Regulations for Nonresidential Districts, Permitted Principal Use 2 pertaining to the Office Business (OB) District shall be revised to read as follows:
*2. Restaurant or coffee house.
6. In Section 223-17.D, Schedule of Regulations for Nonresidential Districts, Permitted Principal Use 3 pertaining to the Local Business (LB) District shall be amended to read as follows:
*3. Restaurant or coffee
house and other places serving food and beverages.
7. In Section 223-17.D, Schedule of Regulations for Nonresidential Districts, Permitted Principal Use 1.c pertaining to the Central Business (CB) District shall be amended to read as follows:
c. Restaurants and coffee houses and other
places serving food and beverages are not subject to the special
permit procedures set forth in § 223-18.
SECTION 4. EFFECTIVE DATE
This local law shall take effect immediately upon its filing with the Secretary of State.
*The asterisk in front of a use denotes that it is a Special Permit Use.
Motion to adopt proposed local law amending chapter 223, zoning of the city of Beacon: Council Member Thompson. Seconded: Council Member Leake. On a roll call vote, all voted in favor. Motion carried.
NEW BUSINESS:
Resolutions:
1. Resolution No. 40 of 2005 - Authorizing Mayor To Sign Amendment To Extend Agreement C006246 City Of Beacon Waterfront Rediscovery Imitative.
RESOLVED, that Mayor Clara Lou Gould, as Mayor of the City of Beacon, is hereby authorized and directed to have amendments signed, notarized and returned to State of New York Department of State regarding Agreement C006246 City of Beacon Waterfront Rediscovery Initiative. Contract period is for 04/01/01 – 03/31/06. Funding for Period: $120,000.00.
Motion to Authorize Mayor to Sign Amendment to extend agreement: Council Member Antalek. Seconded: Council Member Leake. On a roll call vote, all voted in favor. Motion carried.
2.Resolution No. 41 of 2005 - Authorize Mayor to Accept Bid and Execute Contract With In Line Services, Inc., Flemington, NJ for the Beacon Water Meters Project.
RESOLVED, that the Mayor be authorized to accept the lowest responsible bid submitted by In Line Services, Inc., Flemington, NJ for the Water Meters Project and be it further
RESOLVED, that the Mayor be hereby authorized to execute a contract with In Line Services, Inc., Flemington, NJ in the amount of $1,020,541.00 for the Water Meter Project.
City Administrator, Joseph Braun: The reading of meters will take a few days rather that a few months. It will be good for the city of Beacon. Once we install these meters, you won’t have to worry about meter readers coming on your property.
Motion to Authorize Mayor to Accept Bid and Execute Contract: Council Member Thompson Seconded: Council Member Leake. On a roll call vote, all voted in favor. Motion carried.
3. Resolution No. 42 of 2005 - Authorize Mayor to Sign Agreement to Be Voting Partner of Choices for Change.
WHEREAS, Choices for Change, a Southern Dutchess Partnership Assisting Youth Success, requests the City of Beacon to sign a Memo of Understanding with Choices for Change to become a Voting Partner, and;
WHEREAS, the City of Beacon agrees to support the goals of Choices for Change, A Southern Dutchess Partnership Assuring Youth Success, by working to reduce the risks for youth, collaborate with a Partnership of concerned organizations, utilize the Risk and Protection Model, and develop a Youth Development Plan for Southern Dutchess County, and;
WHEREAS, the City of Beacon chooses to become a “voting partner” and will have a representative attend monthly meetings, regularly participate on one of the following Choices for Change sub committees: Community Evaluation Linkage Team (CELT), Partnership Development Team (PDT), Resource Development Team, or the Leadership Team;
NOW, THEREFORE, BE IT
RESOLVED, the City Council authorizes the Mayor to sign the Memo of Understanding for Choices for Change as set forth above.
Motion to Authorize Mayor to sign the MOU for Choices for Change: Council Member Thompson. Seconded: Council Member Leake. On a roll call vote, all voted in favor. Motion carried.
4. Resolution No. 43 of 2005 – Authorization for Mayor to Sign Amendment to Extend Agreement #C006177 City of Beacon Waterfront Rediscovery Initiative. Read by City Administrator, Joseph Braun.
RESOLVED, that Mayor Clara Lou Gould, as Mayor of the City of Beacon, is hereby authorized and directed to have amendments signed, notarized and returned to State of New York Department of State regarding Agreement C006177 City of Beacon Waterfront Rediscovery Initiative. Contract period is for 04/01/00 – 03/31/06. Funding for Period: $346,000.00.
Motion to authorize mayor to sign amendment to extend agreement: Council Member Leake. Seconded: Council Member Thompson. On a roll call vote, all voted in favor. Motion carried.
5. Resolution No. 44 of 2005 – Authorization for Mayor to Sign Amendment to Extend Agreement C006403 Harbor Management Planning and Design of Waterfront Facility Renovation. Read by City Administrator, Joseph Braun.
RESOLVED, that Mayor Clara Lou Gould, as Mayor of the City of Beacon, is hereby authorized and directed to have amendments signed, notarized and returned to State of New York Department of State regarding Agreement C006403 City of Beacon Harbor Management Planning and Design of Waterfront Facility Renovation. Contract period is for 04/01/04 – 03/31/06. Funding for Period: $300,000.00.
Motion to authorize Mayor to Sign Amendment to Extend agreement #C006403 Harbor Management: Council Member Antalek. Seconded: Council Member Thompson. On a roll call vote, all voted in favor. Motion carried.
6. Resolution No. 45 of 2005 – Authorization For Mayor to Sign Amendment to extend agreement #C006303 City of Beacon Waterfront Rediscovery Riverfront Access Project. Read by City Administrator, Joseph Braun.
RESOLVED, that Mayor Clara Lou Gould, as Mayor of the City of Beacon, is hereby authorized and directed to have amendments signed, notarized and returned to State of New York Department of State regarding Agreement C006303 City of Beacon Waterfront Rediscovery Riverfront Access Project. Contract period is for 04/01/02 – 03/31/06. Funding for Period: $300,000.00.
Motion to add Resolution No. 45 to tonight’s agenda for May 2, 2005: Council Member Thompson. Seconded: Council Member Antalek. All voted in favor. Motion carried.
Motion to authorize Mayor to Sign Amendment to extend agreement: Council Member Antalek. Seconded: Council Member Thompson. On a roll call vote, all voted in favor. Motion carried.
Local Laws And Ordinances:
1. Resolution No. 46 of 2005 - Proposed Local Law to Amend Chapter 211 by adding New Section 211-17 C Time Limit Parking. (Parking – Red Flynn Drive, Riverfront Park Road, Ferry Street and River Street) Set Public Hearing for Monday, May 16, 2005. First Reading: Read by City Administrator, Joseph Braun.
Comments: People who come to our city for parking permits cannot park in this area. People from across the river come and park in those spots. These are for Beacon Residents only. This will be enforced by the Beacon Police Department.
Motion to set Public Hearing for Monday May 16, 2005: Council Member Thompson. Seconded: Council Member Leake. All voted in favor. Motion carried.
Ratifications:
Appointments/Announcements:
1. Resolution No. 47 of 2005 - Board of Ethics- Appointment of Brother Douglas Soik for a Five Year Term, term to expire December 31, 2009. This is to fill the vacancy created when a former member moved out of the area.
Motion to Ratify appointment to the Board of Ethics: Council Member Thompson. Seconded: Council Member Antalek. All voted in favor. Motion carried
Last Opportunity for Public Comments:
Cover Letter from Jennifer Van Tuyl, addressed to City Administrator, Joseph Braun dated May 2, 2005 and an attachment addressed to Jennifer Van Tuyl from Kim Mathews as follows:
Re: Public Informational Meeting Comments/Replacement of Tioronda Bridge
Dear Mr. Braun:
The attached comments, prepared by Mathews Nielsen, are hereby submitted on behalf of Tioronda, LLC.
Since the project has significant impacts on Tioronda's property, we would ask that the City keep us advised as plans move forward and other alternatives are considered.
Tioronda will continue to cooperate with the City as it plans the bridge replacement project. However, Tioronda cannot consent to any acquisition of its property under the current proposals as shown on the plans presented at the public informational meeting on April 18,2005. Very truly yours. cc: John Stewart, Tioronda, LLC, Gerard Hannon, and Esq. Coudert Brothers, Margaret McManus, Badey and Watson Glennon Watson, Badey and Watson
Attachment to above addressed to Jennifer Van Tuyl, from Kim Mathews, Subject: Tioronda South Avenue Bridge Proposal dated April 29, 2005:
The following summarizes the issues to be communicated to the City of Beacon on behalf of Tioronda LLC regarding the proposed South Avenue Bridge project. There are several aspects of the proposed construction south of the bridge, as discussed at the April 18, 2005 meeting, that cause serious concerns. The placement of the pedestrian walkway on the east side of South Avenue Both the one-lane and two-lane proposals place the pedestrian walkway to the east of South Avenue on the south side of the Tioronda Bridge, while placing it to the west side of South Avenue north of the Tioronda Bridge. The only reason for this dichotomy seems to be the perception that construction expense and impacts will be less on the east side of South Avenue, south of the bridge. While some areas along the east side are less steeply sloped than the west side, Tioronda believes that the engineering analysis has not considered the significant adverse impacts of cuts on the east side of South Avenue and the damage to Tioronda's historic property. Slopes exceed 25 at several locations on the east side and a significant drainage swale would be impacted. Although we understand it was not acknowledged specifically at the public meeting, it appears that the proposal will require the City to acquire substantial areas of Tioronda property in order to construct the pedestrian path on the east side of South Avenue. The amount of construction and re-grading that will be needed to place the pedestrian walkways on the east side of South Avenue will require significant cuts, will cause considerable damage to the Tioronda property, and is not in keeping with the scenic roadway designation or the historic character of the property and the neighborhood. The proposal suggests altering an existing historically significant landscape. The entire Tioronda property is eligible for National Register status. Specific impacts include the following: First, the placement of the pedestrian pathway on the east side of South Avenue will adversely impact the landscape associated with an historic structure, the Tioronda School Building, by reducing the front yard depth and eliminating existing buffer planting along the road. This will substantially reduce the value of this property, which is proposed for restoration and sale as part of Tioronda's subdivision of its property. Second, it will impact the landscape and seriously undermine the viability of proposed Lot #9 on Tioronda's proposed subdivision plan, and may render that lot unbuildable. There appear to be legitimate questions as to the need for a pedestrian path south of the bridge, since the path makes no apparent connection to any trail system south of the bridge. Therefore, the alternative of not including a pedestrian path south of the bridge should be considered. If a pedestrian path south of the bridge is deemed to be of great value to the community, the path should be relocated to the west side of South Avenue. Relocating the pedestrian path to the west would remove it from the historic estate property. It would also be possible to locate the walk in a position upslope that would be less visible from the roadway. This strategy is much more in keeping with the scenic roadway designation and historic character. Air quality and noise impacts of cars lining up to cross a one-lane bridge The single lane bridge appears to make sense from the standpoint of historic context, minimizing impact on the Fishkill Creek, and maintaining a purely local traffic circulation pattern that discourages "shortcutting." However, other potential impacts, including air quality and noise impact of cars lining up to cross the bridge, appear to require further study. We understand that the engineers who presented for the City at the April 18, 2005 meeting acknowledged that cars would need to queue up in both directions to cross a one-lane bridge. However, it is not known how long these lines would stretch, under present conditions and under future growth conditions. Long queues are inappropriate in any residential neighborhoods. They are particularly inappropriate in historic neighborhoods where structures are close to the road. Tioronda LLC questions the extent of traffic analysis for the project, and would like to see a traffic analysis presented for the public record that addresses the adverse impacts of cars lining up to cross a one-lane bridge. Traffic analysis should include existing and proposed development, including the new development taking place in the Town of Fishkill, just south of the Tioronda property, as well as Beacon Terminals. Cc: John Stewart, Tioronda LLC, Gerard Hannon, Coudert Brothers, Margaret McManus, Badey and Watson, Glenn Watson, Badey and Watson
Dennis Pavelock, 34 Judson Street – The Senior Citizens Coalition of Beacon – I am distributing invitations here tonight to be sure you receive them and I would like to see you there on May 12, 2005 at 6:30 p.m. in the Howland Library Community room. I want to thank Council Member Eleanor Thompson. Her being here tonight is a burst of energy. I would like to commend her on her integrity, dedication and honesty to the concerned citizens. I would like to see the Auxiliary Police brought back to Beacon. Residents’ homes are being shot with paint balls and damaged in neighborhoods and nothing is being done. We need to have some other people in the neighborhood helping the police. I would like to have that on a workshop agenda. I want to thank the council regarding the highway workers helping in crossing the children. I would like to inquire about our Economic Development Corporation here in Beacon. Would it be possible for them to come to a workshop or a Council Meeting to discuss the potential and/or potential businesses here in Beacon? There are a lot of vacant stores and I am very concerned that they are just sitting there. If no one buys the ski lodge property, I would like to see it kept for open space.
Betty DePompo 6 Pearce Place – The people working in Mt. Beacon Park are very helpful. I was told that the documents from the city showing where the pipes were located were incorrect. At the last workshop, you discussed the bike patrol, a police officer and things that have not been told to the public. Drugs on Main Street are very bad. I agree that Beacon is a beautiful place but I want it to stay that way. We also have a policeman who was hurt because he did not have his dog. Every time I bring anything up, I get no response. It is just dropped.
Gregg Graham – South Avenue – read the following comments regarding the Tioronda Bridge Project
I want to thank the City Council and Council Member Kyriacou’s for his comment regarding Tioronda Bridge. I am ashamed to say that I only became aware of the Tioronda Bridge Project this past Sunday from the Beacon Free Press. However, the proposed replacement of the Tioronda Bridge will have a multitude of damaging affects on the surrounding homes and quiet roads. I fail to understand who, other than the contractor, will benefit from the proposed replacement of this historically significant bridge. Certainly NOT the homeowners of Slocum Rd and South Ave. These two peaceful roads would become a short cut benefiting drivers from Cold Spring and towns south on Rt 9D racing to and from the Newburgh/Beacon Bridge and points north on RT 9D. It is estimated that 800+ vehicles would be added to these quiet roads. If the people who estimated this figure are the same people who estimated the cost of this project at only 3 million dollars, we should expect twice that number of cars and truck passing through this quiet neighborhood and Madam Brett Park. The proposed budget of 3 million dollars to prepare Slocume and South for this dramatic increase in traffic, construction of a bridge and widening or elimination of the tunnel under the railroad tracks is ridiculously under estimated. I doubt a study of the project could be done for the budgeted 3 million dollars. When the final costs are tabulated (twice, three times the original amount as is usual on road construction projects, Beacon’s 5% share of that money will be much more than we are being sold (I mean told) and could go a long way to attend to considerably more urgent road repair projects that would benefit ALL of Beacon. This ill-conceived project would only divert traffic even further away from Beacon's shopping district and put the safety of those parents and children who often walk and play on these roads at risk. Please, for once, leave peace and quiet well enough alone.
Fritz Ohlhoff gave the following letter to the Council dated April 24, 2005 regarding the Tioronda Bridge: He also turned in a petition signed by concerned residents:
Subject: The Tioronda Bridge:
No. 1 - Save the old bridge and make it a tourist attraction and a walk across and bicycle path. Put up some benches and table. Let people fish in the creek. If you go down there, it is a very peaceful place when you listen to the water rushing by.
There are other walkways on the creek that can be connected to the bridge. This a nice place to take pictures of our beautiful scenery in the City of Beacon. Where else is there another place like this? There is only one in Beacon so let’s save the bridge. It maintains character, in accordance with Beacon’s Scenic Roads and Sites.
No. 2 – Number two is the best choice for a one lane bridge. This way, it will not turn into a cut through speedway. It will cut down speeding. A one lane would make it a safer and more practical crossing on one side and a bicycle lane on the other side as well as for pedestrians.
No. 3 – The Metro North Railroad Bridge is two lanes. On one side is a pedestrian walk and the other side is for bicycles. The two lane gives a wider and larger, longer view from Tioronda Avenue to the Fishkill Creek Bridge. Doing it this way will eliminate traffic lights.
Tom Baldino: 19 North Street – I would like to speak about two points. The first is the Hiddenbrook Property – I would like to see some feedback from the City Council that they are doing everything in their power as far as grants, etc. to save this property and to preserve this land as open space. The Second is Indian Point. The NRC is not looking after public safety and health. Tom made reference to a list of safety points. Many of these points at Indian Point have failed to pass these specifications.
Bernadette Nicol 26 Slocom Road – A lot of traffic goes past my house – I purchased this property because it is quiet – There is talk about widening of the roads. There seems to be some issue as to where Fishkill begins and Beacon ends. Please let us know as soon as possible. It is important that I have this information.
Suzanne Infante, 159 Washington - I am a member of the committee “Friends of Hiddenbrook” She read and turned over to the Mayor, the signed petition objecting to the Tioronda Bridge project with over 300 signatures. We are still gathering signatures.
Shannon Murphy – I am overwhelmed about what I heard from Council Members’ Thompson, Kyriacou and Antalek. What do we do about it? Shannon read the following regarding Hiddenbrook as follows:
SUPPORT THE HIDDENBROOKE BUILDING MORATORIUM. A developer is planning to build seventy-five housing units on the last great estate of Beacon. The Friends of Hiddenbrooke support the preservation of the Hiddenbrooke Property in its entirety as open space, and the creation of an Open Space Fund for this purpose. We believe in a vision of Beacon's future through the preservation of its past. Consider:
• THE CULTURAL, HISTORIC, and AESTHETIC VALUE of this 123 acre former farm and Catholic novitiate.
• WATER PROBLEMS
Flooding - Massive volumes of water are absorbed by the largely forested Hiddenbrooke property before it enters city drains and Dry Brook, acting as a natural sponge to absorb, filter, and slow the water. A field based SEQRA review delineating all wetland and watercourse protection is a necessity!
Shortage -further development would stress the City's ability to deliver potable water to all its residents. Several times in the past decade drought conditions have forced the city to mandate conservation. We do not yet understand the impact of the hundreds of additional houses still being completed across from Dutchess Stadium on our clean water supply.
• WILDLIFE
What will be left if development goes through?
• INFRASTRUCTURE
Roads, sewer, schools, TRAFFIC, parking, water. How many more cars for seventy-five new houses? How many buses? Will the city, which is selling water to Fishkill, put itself in a bind?
• Taxes and Assessments
It has been repeatedly shown that Open Space saves money for a community as opposed to build out. The initial increase of the tax base from such high-density development is far outsourced in the long run by the increased burden on infrastructure, and the destruction of the natural sustainable systems that have served the city for hundreds of years. We favor the city moving quickly to place a moratorium on mountainside building until a master planning process is completed, integrating our remaining Open Space into a vision for Beacon. We also favor Council beginning discussions for an Open Space Fund. The Friends of Hiddenbrooke envision a future for this beautiful land that includes the appreciation of its waterways and wildlife, public education, contemplation, and art. Our vision continues to energize the renewal of Beacon as a city renowned for its schools, art, nature, and community.
Tom Cunningham, 10 Newlins Mill Road – I am in opposition to the bridge known as Tioronda. Speaking to both sides of people on the creek, there is no interest in this project going forward. Most of the residents on the north side are very concerned about traffic. What is the purpose of the project if both sides of the creek have strong objections to it?
Craig Wolf – I want to thank you for your support of the moratorium. What is the status of the moratorium? Can someone give an update? I want to support the Hiddenbrook discussion tonight. As for the bridge, I love that bridge. They really need to have legislation concerning this issue. Perhaps the answer lies with Sue Kelly.
Mayor: The city planner will be doing that next. City Attorney, Gerard Pisanelli: It is in the discussion phase at this time.
Bill Irwin, 474 South Avenue– Thank you for fixing the drainage problem. If I had known this was going to happen, I would never have bought this property. People accelerate at full speed. You are going to destroy a beautiful quiet neighborhood.
No further comments
Budget Amendments: Requiring Council Action – May 2, 2005
1. Amend the General Fund Balance (Code: A 909) in the amount of $11,621.00 for the Attorney expense (Code: A 1420.X4504.02) to cover fees related to City of Beacon vs.
Buddenhagen, Karen.
Motion to Amend the General Fund Balance for Attorney Expense: Council Member Kyriacou. Seconded: Council Member Antalek. On a roll call vote, all voted in favor. Motion carried.
2. Amend the General Fund Balance (Code: A 909) in the amount of $11,960.00 for the Attorney expense (Code: A 1420.X4504.03) to cover fees related to the personnel matters regarding Chief Sassi
Motion to Amend the General Fund Balance for Attorney Expense: Council Member Kyriacou. Seconded: Council Member Leake. On a roll call vote, all voted in favor.
3. Amend the General Fund Balance (