Minutes
City of
REGULAR MEETING
The regular meeting of the Beacon City Council held at
the
Council Members Present: Deanna
Leake, Eleanor Thompson,
Excused: City Administrator, Joseph Braun
Also Present: City Attorney, Gerard
Pisanelli
Media represented by: Goldee Greene, Beacon
Free Press
Residents at beginning of meeting: 35
Public Hearings:
1. Proposed Local Law Amending Chapter 223,
Zoning, of the City of
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City Council of the City
of Beacon will hold a public hearing on Monday, July 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 artist live/work spaces. The intent and purpose of the
amendment is to make the renewal inspection procedure for such spaces the same
as for accessory apartments.
This 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
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:
The following Memorandum addressed to Mayor
Clara Lou Gould and the City Council dated
At the
If you have any questions, feel free to contact me.
Thank you.
Dennis Pavelock,
Tim Dexter, Deputy Building Inspector - This was
requested by a developer through his legal representation who suggested that it
was onerous to keep having to go back through the city council.
Dennis Pavelock,
City Attorney, Pisanelli referred to a letter from
Certilman, Balin, Adler & Hyman, LLP, which
suggested the following: “Upon a
satisfactory inspection report, the existing Certificate of Occupancy shall remain
in full force….” Do you want to amend
this proposal to add this suggestion regarding Certificate’s of Occupancy?
Council
Tim Dexter, Deputy Building Inspector - I would not
object to an adjournment and rescheduling this hearing to make this
change. There is no urgency to this
matter.
No further comments.
Motion to adjourn hearing
until August 1, 2005. Council Member Kyriacou.
Seconded:
2. Special Use Permit: Application of Meadow Ridge Phase II Senior
Housing Facility,
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing
on Monday, July 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 Special
Use Permit Application submitted by Hudson Valley Housing Development Fund
Company, Inc. for a 52 Unit Senior Housing Facility at the Meadow Ridge II Site
located off Matteawan Road. A special use permit had
been granted in April 2004, which has expired (Resolution No. 51 of 2004,
A copy
of their proposal is available for inspection at the Municipal Center, Lower
Level, One Municipal Plaza, Beacon, New York during regular business hours
(Monday-Friday ~ 8:30 a.m. to 4:00 p.m.)
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:
The following letter addressed to Mayor Clara Lou Gould and the
City Council dated July 13, 2005 was received from Arthur J. Hibbs, Chairman of
the Beacon Planning Board regarding Special Use Permit ‑ Meadow Ridge Phase 11 ‑
Senior Housing Facility Applicant: Hudson Valley Housing Development Fund
Company, Inc.
A public hearing on a Special Use Permit application
for a 52‑unit senior housing facility at the Meadow Ridge site located
off
The proposal has not changed since the original
approval in April of 2004, therefore the Board voted to recommend the City
Council issue a Special Use Permit with no need to return to the Planning
Board. If you have any questions regarding the Planning Board's action, please
call me.
Dennis Pavelock
– At the July 12 Planning Board meeting that I attended there were two housing
proposals and I know of two more. Meadow Ridge, Tuck Tape, St. Francis Property, Bob’s Corner Store. I suggest we take a look at our Master Plan
before we go further.
Motion to close
Public Hearing: Council Member
Antalek. Seconded:
No further
comments.
Community Segment: None
Approval of
Minutes: Mayor Clara Lou Gould asked
for a motion to approve Council Meeting for -
Motion to
approve minutes:
Reports: Text from the reports for
Mayor’s
Communications read by Mayor Clara Lou Gould
City
Administrator’s Report of Activities – Read by Council Member Kyriacou
City Attorney
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
Ferdinand Metz -
Tom Baldino: I would like to speak on the same point. If you want to preserve the historic
integrity of the bridge, I would like it to be the same and used the same way
that it was before it was closed.
Michelle Humphreys read the following
comments:
I reside in the Polo
Field Development in Beacon and would like to state my views about the
I am strongly opposed to
any kind of vehicular bridge whether it is one lane or a two-lane car bridge.
The first reason I'm opposed to a vehicular bridge is my deep concern about an
increase in traffic through our neighborhood. According to the engineers
obtained by the city of
The residents in Polo
Field are a very large tax base for Beacon and are the /citizens that will be
most affected by each of your decisions regarding the future of the
Linda DeBrita read the following
comments:
My name Linda
DiBrita and live with my husband and two small children. I would like to say a few words about the
We are very glad
to hear the Council has decided to forego a two lane vehicular bridge altogether. However, we feel strongly that even a one
lane vehicular bridge will still have an overwhelming negative impact on our
neighborhood, environment and for many Beacon residents an historic landmark.
Perhaps a more
suitable solution would be the further consideration of a pedestrian and
bicycling bridge, which would serve the needs of the community and the people
who visit
We would
strongly support the decision of the Mayor to file an application for NYS
funding (SHPO) that is on tonight’s agenda to preserve the bridge.
Dennis Pavelock –
Steve Gold – I would like to say that I
have been watching the newspaper and I want to commend the council for making a
lot of good decisions. When you look at
this
Dennis Swindell,
J. M. Hayes, - My idea is to restore the
bridge so that it looks exactly as it did when it was brand new but we should
strengthen it so that it can be used when needed in an emergency for emergency
vehicles. Maybe when you talk about this
it will be something that you will consider.
Richard Marquis,
Joan Van Voorhis – I have crossed that
bridge eight times in my life and I never saw 800 cars.
Tim Nolan 300 South Ave – I want to
speak in favor of preserving the
Suzanne Metz,
No further comments
UNFINISHED BUSINESS:
Resolutions:
1. Authorize Mayor to transfer $12,740 in Community Development Funds from
Administration.
Council Member Kyriacou: I have a point of order on this. We voted this down and I don’t think Robert’s
Rules will permit us to consider this again until certain steps are taken. We have to go through the process from the
beginning. I think that someone who
voted against it can raise it again but since I am the one who voted against it
and do not intend to change my vote, this will have to go through the process
again.
City Attorney, Gerard Pisanelli: If this goes through another workshop, we
will still have time to spend these funds in the allotted time.
This item will
go back to Workshop.
No action taken.
Local Laws and Ordinances:
1. Amending
Chapter 223, Zoning, of the City of
Table until
NEW BUSINESS:
Resolutions:
1. Resolution No. 74 of 2005 - Set Public
Hearing – 2006 Capital Plan Highlights – Monday,
Motion to set Public
Hearing: Council Member Kyriacou. Seconded:
2. Resolution No. 75 of 2005 - Approve Special
Use Permit: Application
of Meadow
Ridge Phase II Senior Housing Facility,
WHEREAS, Meadow Ridge II – Senior
Housing Facility received a Special Use Permit from the City Council for a
fifty-two (52) unit Senior Housing Facility in April of 2004; and
WHEREAS, no construction has been
started; and
WHEREAS, said Special Use Permit has
expired; and
WHEREAS, Meadow Ridge Phase II –
Senior Housing Facility has reapplied for a Special Use Permit from the City
Council requesting approval for a fifty-two (52) unit Senior Housing Facility;
and
WHEREAS, the Planning Board has
recommended the City Council issue said new permit subject to final site plan
approval by the Planning Board; and
1. The location and size of the use, nature and intensity of
the operations involved in such use, the size of the site in relation to it,
and the location of the site with respect to streets giving access to it, are
such that it would be in harmony with the appropriate and orderly development
of the district in which it is located; and
2. The
location, nature and height of the buildings, walls and fences, together with
the nature and extent of the landscaping of the site are such that the use will
not hinder or discourage the appropriate development and use of adjacent land
and buildings; and
3. The
operations in connection with the proposed fifty-two (52) unit Senior Housing
Facility are not more objectionable to nearby properties by reason of noise,
fumes, vibration or other characteristics, than would be the operation of any
permitted use not requiring a special use permit; and
4. Parking
areas are of adequate size for the particular use, are properly located and the
driveways are laid out to achieve maximum safety; and
WHEREAS,
the City Council has determined that the application submitted by Meadow Ridge
Phase II for a Special Use Permit is an action subject to the provisions of the
State Environmental Quality Review Act (SEQRA); and
WHEREAS,
the City Council has the broadest powers to investigate the impact of the
authorization for the proposed fifty-two (52) unit Senior Housing Facility and
since the Council has the capability to provide a thorough Environmental
Assessment of the proposed action, now, therefore, be it
RESOLVED,
that the City Council hereby declares itself lead agency under SEQRA relative
to the application by Meadow Ridge Phase II for a Special Use Permit, and be it
further
RESOLVED,
that the City Council as lead agency under SEQRA, has reviewed the submitted
Environmental Assessment Form and has determined that the proposed action is an
unlisted action, and that the proposal will not have a significant effect on
the environment, and a Draft Environmental Impact Statement need not be
prepared, and be it further
RESOLVED,
that a new Special Use Permit be hereby issued to Meadow Ridge Phase II -
Senior Housing Facility subject to final site plan approval of the Planning
Board in accordance with the conditions set forth above pursuant to Section 223-18
of the City of
Motion to
approve Special Use Permit:
On a roll call
vote, all voted in favor. Motion
carried.
3. Resolution No. 76 of 2005 - Authorize Mayor
to apply for and to accept $507,500 in NYS Department of State
Environmental Protection Funds to help fund the public amenities designed to
attract and engage City residents and general public in activities on the
boardwalk and civic plaza. (Long Dock Beacon Public
Amenities) Read by
WHEREAS, Scenic Hudson purchased 25
acres on the Beacon waterfront with the objective of improving public access to
the Hudson River, restoring a degraded industrial property, and making
connections to the rest of the City; and
WHEREAS, in response to Beacon's
request to allow development on the waterfront in accordance with the City's
LWRP and zoning code, Scenic Hudson is working with Foss Group Beacon to
develop a 16‑acre park and 8.5‑acre mixed use development on that
site; and
WHEREAS, the site plan includes a
660‑foot long public boardwalk and a 12,000‑square foot public
plaza; and
WHEREAS, Scenic Hudson is committed
to programming the boardwalk and civic plaza to create a welcoming feeling and
to guarantee the site's public qualities, its feeling of safety and comfort;
and
WHEREAS, Scenic Hudson will provide
the entire match for the grant application;
NOW THEREFORE BE IT RESOLVED, the City Council hereby
authorizes the Mayor to apply for and to accept $507,500 in NYS Department of
State Environmental Protection Funds to help fund the public amenities designed
to attract and engage City residents and the general public in activities on
the boardwalk and civic plaza.
Motion
to Authorize Mayor to apply for and accept funds: Council Member Kyriacou. Seconded:
4. Resolution No. 77 of 2005 -
Authorize Mayor to file an application and accept funds from the NYS Office of
Parks, Recreation and Historic Preservation in an amount not to exceed $350,000
for acquisition of ecologically sensitive open space. Read by City Attorney, Gerard Pisanelli.
RESOLVED, Clara Lou Gould, as Mayor
of City of Beacon, is hereby authorized and directed to file an application for
funds and accept funds from the New York State Office of Parks, Recreation and
Historic Preservation in accordance with the provisions of Title 9 of the
Environmental Protection Act of 1993 or the Federal Land and Water Conservation
Fund Act of 1965, in an amount not to exceed $350,000, and upon approval of
said request to enter into and execute a project agreement with the State for
such financial assistance to this municipality, City of Beacon, for acquisition
of ecologically sensitive open space.
Motion to Authorize Mayor to file application and accept funds:
5. Resolution No. 78 of 2005 - Authorize Mayor
to file an application and accept funds from the NYS Office of
Parks, Recreation and Historic Preservation in an amount not to exceed $200,000
to rehabilitate the historic Tioronda Bridge.
RESOLVED, Clara Lou Gould, as Mayor of
City of Beacon, is hereby authorized and directed to file an application for
funds and accept funds from the New York State Office of Parks, Recreation and
Historic Preservation in accordance with the provisions of Title 9 of the
Environmental Protection Act of 1993 or the Federal Land and Water Conservation
Fund Act of 1965, in an amount not to exceed $200,000, and upon approval of
said request to enter into and execute a project agreement with the State for
such financial assistance to this municipality, City of Beacon, to rehabilitate
the historic Tioronda Bridge.
Motion to authorize Mayor to file an application and accept funds: Council Member Fasano. Seconded: Council Member Leake. On a roll call vote, all voted in favor. Motion carried.
6. Resolution No.79 of 2005 - Authorize Mayor to
file an application and accept $325,000 from
NYS Department of State Environmental Protection Funds to help fund the cost
of Physical & Technological Outfitting and Program Buildout for their
Public Outreach/Educational Efforts and Programming in “Building One” on
Denning’s Point. Read by
Physical & Technological Outfitting
and Program Buildout for their Public Outreach/Educational Efforts and
Programming in “Building One” on Denning’s Point
WHEREAS, the Rivers and Estuaries Center has agreed to
collaborate with the City of Beacon to apply for and accept funds from
Department of State Environmental Protection Funds for the purpose of Physical
& Technological Outfitting and Program Buildout for their Public
Outreach/Educational Efforts and Programming in “Building One” on Denning’s
Point; and
WHEREAS, the Rivers and Estuaries Center has agreed to
provide the $345,000 in matching funds for a grant application to the
Department of State to fund such a Physical & Technological Outfitting in
“Building One” on Denning’s Point;
NOW THEREFORE BE IT
RESOLVED, the City Council hereby
authorizes the Mayor to apply for and accept $325,000 in NYS Department of
State Environmental Protection Funds to help fund the cost of Physical &
Technological Outfitting and Program Buildout for their Public
Outreach/Educational Efforts and Programming in “Building One” on Denning’s
Point.
Motion to Authorize Mayor to file an application and
accept funds: Council Member
Fasano. Seconded: Council Member Thompson. On a roll call vote, all voted in favor. Motion carried.
7. Resolution No. 80
of 2005 – Authorize Mayor to approve the
application submitted to D.C. Planning and Development Agency for Beacon -
Façade Improvement Program – 2005 Application Cycle. Read by City Attorney, Gerard Pisanelli.
WHEREAS, the Mayor is authorized to
approve the Beacon Facade Applications submitted by:
Property
Address:
Owner:
180 Main Street LLC (Shanna Abeles)
Total
Cost: $26,000
Funding
Request: $7,500.00
Property
Address:
Owner:
Movil Development Corporation (Momir Guzijan)
Total
Cost: $50,300
Funding
Request: $15,000
Property
Address:
Owner:
Movil Development Corporation (Momir Guzijan)
Total
Cost: $33,500
Funding
Request: $7,500
RESOLVED, that the Mayor is
authorized to approve the applications submitted to Dutchess
County Department of Planning and Development from
the above applicants for the Beacon Community Development Agency Facade
Improvement Program 2005 Application Cycle.
Motion to add to this evening’s agenda –
Motion to authorize Mayor to approve the application: Council Member
Fasano. Seconded:
Local Laws And Ordinances:
1. Resolution No. 81 of 2005 - Proposed Local Law to Create
Chapter 200 of the City of Beacon Code entitled “Taxicabs: Set
Public Hearing for Monday, August 1, 2005.
First
Motion to dispense with reading of the
contents of this law: Council Member
Fasano. Seconded: Council Member Leake. All voted in favor. Motion carried.
Motion to set Public Hearing: Council Member Antalek. Seconded: Council Member Fasano. All in favor. Motion carried.
Ratifications:
Appointments/Announcements:
Final
Dennis Pavelock,
Joan Van Voorhis - I agree with Fred regarding no police
presence on
The following
letter was written by Betty DiPompo,
Subject: Perception of inadequate charges for water and
sewage services, for the previous four (4) billing cycles.
Honorable Mayor Clara Lou
Gould
City Council Members
One
Dear Mayor,
City Council Members
On
I asked the Mayor to have my water meter checked, as
my water/sewage bill was only $55.38 dollars, for the last quarter. On
Please check my billing against the water/sewage
charges reported to date. On
No further comments.
Budget Amendments: Requiring Council
Action -
1. Amend the General Fund Balance (Code: A 909) in the amount of
$24,321.86 for Attorney expense (Code: A 1420.X4504.04 and A 1420.X4504.05) to
cover fees owed to McCabe & Mack and Roemer, Wallens & Mineaux for the
case of Buddenhagen vs. City of Beacon.
2. Amend the Fire Department
Budget (Code: A3410.X4619.00) in the amount of $4,500 to be transferred to
Career Fire Lieutenant (Code: A3410.X1004.00) to pay Jeff Simko when he
conducts fire prevention education classes.
Motion to Amend the General
Fund Balance for Items 1 and 2 above:
Review of Bills: Total Disbursements as of
Next Workshop Date:
Next Council Meeting:
Motion to enter Executive Session on a
Personnel issue at
Motion to end Executive Session at
Adjournment: Motion to adjourn at
Text from
Mayor’s Correspondence:
RE: Liquor License for
Having received notification from Chief of Police
Sassi and Mayor Gould that they have no objection to the waiver requested in
your letter of
The City of Beacon, New York, 12508, has no
objection to a Liquor License being granted to Mary-Ryans Restaurant & Pub,
Inc. dba Mary-Ryans Restaurant & Pub at 246 Main Street, Beacon, New York
12508, and does hereby grant a waiver of the 30-day Notice required by the
Alcohol Beverage Control Law.