Minutes

Beacon City Council Meeting

November 21, 2005

 

Call to Order

Following the adjournment of the workshop which was postponed from November 14th, the regular meeting of the Beacon City Council at the Municipal Center, One Municipal Plaza, held on Monday, November 21, 2005, was called to order at 8:17 p.m. by Clara Lou Gould, Mayor, with the Pledge of Allegiance to the Flag.

 

Council Members present:       Deanna Leake, Eleanor Thompson, Samuel L. Way,

Lee Kyriacou, Frederick N. Antalek, Michael Fasano.

 

Also present:                            City Administrator Joseph Braun

                                                City Attorney Gerard J. Pisanelli

                                    City Planner David Stolman, Frederick P. Clark Associates

 

There were approximately 90 residents in the audience at the beginning of the meeting.

 

The media were represented by Goldee Green, Beacon Free Press.

 

Public Hearings:  

1.                  Proposed Local Law Amending Chapter 219 Water, § 219-31.1. Payment of certain bills in installments.  This hearing was postponed until December 5, 2005 because the legal notice of public hearing was published too late.  A new legal notice will be issued.  The subject will be addressed again in workshop.

Motion to postpone:  Council Member Antalek.  Second:  Council Member Fasano.  All voted in favor.  Motion carried.  

 

Hearings 2, 3, 4, and 5 listed below were addressed together:

2.         Proposed Local Law A:   Changing the Zoning of Property from R1-10 One Family Residence District to R1-40 One Family Residence District. Adjourned March 21, 2005, June 20, 2005, and November 7, 2005.  NOTE:  Will Not Be Voted On Until December 19, 2005.

3.         Proposed Local Law B:  Changing the Zoning of Property from R-1-40 One Family Residence District to R1-80 One Family Residence District. Adjourned March 21, 2005, June 20, 2005, and November 7, 2005.  NOTE:  Will Not Be Voted On Until December 19, 2005.

4.         Proposed Local Law C:  Changing the Zoning of Property from R-1-40 One Family Residence District to R1-120 One Family Residence District. Adjourned March 21, 2005, June 20, 2005, and November 7, 2005.  NOTE:  Will Not Be Voted On Until December 19, 2005.

5.         Amendment to the City’s Comprehensive Plan in connection with housing and the Hiddenbrooke (Formerly Ursuline) Property. Adjourned November 7, 2005.   NOTE:  Will Not Be Voted On Until December 19, 2005.

 

The City Administrator read the notice of public hearing:

 

PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, November 21, 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 amendment to the City’s Comprehensive Plan and three proposed local laws amending the City’s Zoning Map with respect to the Hiddenbrooke (formerly Ursuline) property.

 

The proposed amendments are aimed at reducing the allowable density of the Hiddenbrooke property.  Specifically, the resolution amending the City’s Comprehensive Plan would change the designation of the westernmost part of the Hiddenbrooke property from “Medium-Low Density Residential” to “Low Density Residential.”  The corresponding Local Laws would change the zoning of the westernmost portion of the Hiddenbrooke property from R1-10 to R1-40; the central portion of the Hiddenbrooke property from R1-40 to R1-80; and the easternmost portion from R1-40 to R1-120.

 

The City Council as lead agency has referred the proposed amendments to the City of Beacon Planning Board and to the Dutchess County Planning Department for review and comment.

 

These local laws would take effect immediately upon filing with the Secretary of State.  Complete copies of the proposed local law are available at the Municipal Center for inspection during regular business hours.

 

All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.

 

[The responses of the Dutchess County Department of Planning and Development and of the City of Beacon Planning Board are included in the November 7, 2005 Council hearing minutes.]

 

The Council voted to limit each presentation to three minutes.  Motion:  Council Member Kyriacou.  Second:  Council Member Thompson.  All voted in favor.  Motion carried.

 

The following letter addressed to the Mayor and Council Members was received from residents listed below and was placed in the record by the Mayor:

 

Dear Mayor Gould & City Council Members:

Please know that I (we) are in favor of the proposed rezoning of the Hiddenbrooke Property. 

Sincerely,

 

William & Maureen Shaw, 144 DePuyster Avenue.  They added the following statement:

We have lived on DePuyster Avenue since 1972 and chose to live here because it is a neighborhood of single family houses.  Rezoning to one acre lots on DePuyster Avenue will help to maintain that characteristic of our neighborhood.

Mr. & Mrs. Charles Clement, 82 Jessen Place

Patricia Callahan, 110 DePuyster Avenue.  She added the following statement:

It’s a shame that we have to build all over Beacon.  Every available space is being used for housing.  However, single family homes [are] better than a development of townhouses. Too bad something can’t be done about all the broken down factories in the town instead of using all the Hiddenbrooke Property.         

Douglas J. Ostrander and Grace E. Ostrander, 74 DePuyster Avenue

Philip A. Tarant, 148 DePuyster Avenue

Veronica Allan, 114 DePuyster Avenue

Mr. & Mrs. Charles E. Crusie, Jr., 116 DePuyster Avenue

Mrs. Vera Morse, 111 DePuyster Avenue

Alida C. Rodriguez and Jose A. Rodriguez, 96 Jessen Place

Mr. & Mrs. M. Peratikos, 4 Davidson Street

Richard F. Sugg, 21 Violet Drive.  Mr. Sugg included another letter addressed to the Mayor and Council:

I am for the City Council zoning change on Hidden Brook property to rezone to A 1 acre, B 2 acres, & C 3 acres.  This would change the number of single residency and lower the number of houses.  It would eliminate any cluster housing which I am against.

There was a proposal by the developer to making a retention pond and storm sewer into DePuyster Ave. and a 30 year mortgage to pay for it by the residents of Jessen Park.  Any enhancements to the property should be only paid by the developer - (Preshrock Corp).  This adding new storm sewers into creek at DePuyster Ave. will cause more severe flooding.  The bridge culvert cannot take the existing flooding now.  This road culvert needs to be bigger and deeper.  Any flooding now goes over DePuyster Ave.  after heavy rain. 

Some areas of concern:

1.                  Sixty one town houses will cause flooding on DePuyster Ave.

2.                  Large sewer system is needed for the number of units.

3.                  Diverting water tot a retention pond will cause flooding on DePuyster Ave. & Jessen Place.

4.                  Town houses proposed will be built on land which gets flooded in major storm – this has happened many times over the years.  Because the land is dry now, does not mean flooding does not exist.

5.                  Need of a large bond to cover any flooding ort wasting out of Hidden Brook Rd.  The developer should build new culvert on Hidden Brook Road which will eliminate flooding & washout.

These are some of the major concerns of Jessen Development.  Please change the zoning law to rezone law A, B, C.

Thank you.

Richard F. Sugg

Edward and Judith Maher, 136 DePuyster Avenue.  They added they are in favor of rezoning to one acre lots.

A resident, 9 Violet Drive

J. Supple, 27 Violet Drive.  This resident wrote the following letter:

Please know that I am not in favor of the proposed rezoning of the Hiddenbrooke Property.  I do not want those houses built.  Did you come & see what happens when it rains – I didn’t see anyone from the City come & see the water & the flooding in our neighborhood and DePuyster Ave.  Oh! & he promises them 80 ac – what happened to the 100 ac?

Sincerely,

J. Supple

           

Chris Ruhe of the Conservation Advisory Committee and Friends of Hiddenbrooke spoke about the unbelievable amount of clear cutting in the City especially the south end of the City.  Preshrock said water control would work.  Mr. Ruhe is not sure of that and asked for an eight-month moratorium on sensitive properties.  He related that Tom Logan [Assessor] said Preshrock asked $2.1 million to be reduced, claiming that the market value was not sensible. 

 

Dennis Pavelock, 34 Judson Street, said he is against the rezoning.  As President of the Concerned Citizens, he spoke to a hydrogeologist about doing a study.  He pointed out an article in the Times Herald Record about saving open space at Arrow Park, Monroe, 600 acres as part of Sterling Forest.  He commented on the nice picture and “the air.”

 

Jill Reynolds, 10 Willow Street, asked for a moratorium on development because of the damage to the watershed and the flooding.  She called for preserving open space and making historic connections between Matteawan and Fishkill Landing and between the mountain and the river, and keeping open space available.

 

Karen L. Wagner, of Shamberg Marwell Davis & Hollis, P.C., said that the rezoning was unnecessary and that her letter of November 17, 2005 [included below] summarized the client’s stance. 

 

Hon. Clara Lou Gould, Mayor of the City of Beacon

& Members of the City Council

The City of Beacon

1 Municipal Center

Beacon, New York 12508

 

Re:                   Public Hearing on November 7 and 21, 2005                                          for Proposed Local Laws “A” ”B” and “C”                               Amendment to the Comprehensive Plan

 

Dear Mayor Gould and Members of the Beacon City Council:

 

Thank you for giving us the opportunity to speak at the City Council’s November 7, 2005 meeting regarding the above-referenced proposed legislation.  We will appear and speak at the November 21st Public Hearing as well.

 

We believe that significant progress was made in terms for the Council’s and general public’s understanding of the nature and benefits of Preshrock’s proposal and the unnecessary a and negative aspects of the Proposed Local Law A,B, and C and the Proposed Amendment to the City’s Comprehensive Plan as to Hiddenbrooke.  While we respect the City’s concerns and efforts, we firmly believe that in view of Preshrock’s proposal, such legislative action would be extremely counter-productive. Please allow us to summarize and highlight the points made at the November 7th meeting:

 

Benefits of Preshrock’s Proposal

 

Economic Benefits to Beacon

-City receives many acres of beautiful park land at no cost

-City’s tax ratables increase from new homeowners

-New homeowners revitalize downtown business area

-Possible several affordable housing units for municipal workers

-Owner-occupied housing increases value of Beacon housing stock

 

Environmental Benefits to Beacon

-Preserve 80% of Hiddenbrooke’s most sensitive environmental features (wetlands, steep slopes) for the public benefit in perpetuity

-Develop only flat, non-sensitive, front 20% portion of land in an existing neighborhood

-Actual development density as proposed only a bit more than 1 unit per 2 acres

-Alleviate Jessen Park drainage problem

-Utilization of pre-existing public sewer and water

-Minimization of roads and impervious surface

-Preserved chapel

 

Avoidance of Serious Legal Issues and Costly Litigation

-Constitutional

     -Substantive due process Issues

     -Takings Issue

-State Law

     -SEQRA and comprehensive plan issues, among others

Rezoning Detrimental to Beacon and Preshrock

 

Economic Detriments

-City does not receive many acres of parkland at no cost

-Loss of additional tax ratables

-Loss of business for City’s downtown

-Litigation uncertainty and expenses

-Loss of affordable units

-Loss of owner’s reasonable investment-backed expectations in re-zoning will render worthy project economically unviable

 

Environmental Detriments

-Loss of Hiddenbrooke to public forever

-No improvement of Jessen Park drainage problems

-Loss of opportunity to preserve Hiddenbrooke’s most sensitive environmental features

-Vulnerability of chapel to deterioration

 

Vulnerability to Lawsuits involving Constitutional Challenges and Violations of State Law

 

When the members of the public spoke, many had a positive reaction to Preshrock’s comments that the proposed local laws and amendment to the master plan were unnecessary in light of Preshrock’s proposal.  For example,

Erin Van Buren said that it was a “More than reasonable proposal”;

Sr. Marjorie Robinson said it was a “wise development” and upzoning was “unnecessary”;

Sr. Marie Gertrude said there was “no necessity” for rezoning in view of Preshrock’s proposal; and

Christine Miller, a lifelong Beacon resident, said that she was against rezoning, and noted that the City’s coffers were low and would benefit from new tax and business revenue; that Preshrock’s proposal would help the Sisters live our [sic] their vocations; and that the proposal would help Jessen Park.

 

There were no significant, substantive or substantiated public comments in favor of the amendments.

 

 

The Dutchess County Department of Planning and Development has not supported the re-zoning. For example, in its March 21, 2005 comments to the Council, the Dutchess County Department of Planning and Development stated:

 

We have not seen any specific evidence that the environmental carrying capacities east of DePuyster are insufficient to support the current zoning densities.  On the other hand, property development of this parcel could perhaps cure the existing drainage problems in the immediate area.

 

The City can balance the desire for protection of potentially difficult topography and sensitive historic properties with the more efficient use of land offered by conservation subdivision techniques.

 

We hope that this summary will be of assistance to you and the Council members as you deliberate on the proposed legislation.  We again respectfully submit that the Council should decline to enact that legislation and should continue to work with our client toward a reasonable and mutually beneficial use of the property.

 

Respectfully submitted,

SHAMBERG MARWELL DAVIS & HOLLIS, P.C.

By Karen L. Wagner

 

Ms. Wagner introduced Margaret McMannus who presented a footprint of the cluster proposal for Hiddenbrooke.  The main drainage is from 1000 acres on the mountain to the pond.  This is required to detain water.  Ms. McMannus said she had not walked the whole site.  If they were to develop the whole lot, the canopy would be reduced and leaf absorption with it.  There are different types of soil at Hiddenbrooke.  The soil where the cluster housing is proposed is well drained.  Around the pond, it is of a developed urban land-fill nature.  Ms. McMannus does not know if the pond is man-made.

 

The Mayor pointed out that the Planning Board may mandate that the development by cluster housing.  David Stolman expanded on the issue by saying if the zoning remains the same, the Planning Board can still mandate clustering.  Therefore the issue is not about clustering or subdivision but about density.

 

Jessica Reese, 35 Washington Avenue, said the property is unique and asked the Council to give time to groups to raise money to take advantage of its special nature. 

 

Ed Maher, 136 DePuyster Avenue, said no matter what the zoning change is they can still make condominiums. 

 

David Stolman said the numbers are not established yet.  If changed by one third, 60 units would become 20 to 30 units.  The applicant can request clustering.  The Planning Board can mandate clustering.  Preshrock is now asking for 62 units down from 75.  In the cluster concept, there is no minimum lot size.  Under conventional zoning, local laws A, B, and C would provide for one, two, and three acre lots respectively.  Clustered housing, attached housing or smaller lots achieve higher density; in other words, how it will be developed comes later.                                                        

 

Richard Sugg, 21 Violet Drive, pointed out the grassy and wooded areas flood in major storms with 4 to 5 inches up to Cervone’s house.  It is not a good place to build.  Development will indirectly affect the Jessen development because people already have problems.  Look at where the water is coming down – from the mountain.

 

The Council will vote on this matter on December 19, 2005.

 

Motion to close the hearings 2, 3, 4, and 5:  Council Member Fasano.  Second:  Council Member Antalek.  On roll call, all voted in favor.  Motion carried.

 

Regular Meeting:

Community Segment:            Concerned Citizens – Dennis Pavelock

Dennis Pavelock, President of the Concerned Citizens for A Better Beacon Coalition, described the coalition as an advocate group for business owners, residents and the disabled of Beacon which works as a partner with the City.  Barbara McCaskill is the Treasurer.  They have pressed such issues as Dennings Avenue traffic, Mt. Beacon Park conditions, sex offender alerts, among other issues and now are concerned about medical services and emergency preparedness.  Mr. Pavelock stressed that emergency preparedness is the biggest concern.  As an example he said that tons of toxic chemicals are transported by rail through Beacon at night when no one is aware of it.  Railroads are not required to report this.  He thought the Disaster Preparedness presentation on September 29th was shallow.  It did not outline evacuation routes.  It did not inform residents.  He showed pictures of Texaco research center evacuation signs.  He added that Highland Falls had a drill and Warwick has an alert system.  He suggested the website could be used to get information to Beacon residents.  He stressed that Beacon needs an alert system and evacuation routes in writing.  He said it is too late when something happens.  He ended with, “Are we ready?  No, we are not.”     

 

Approval of Minutes: Council Meeting -                    November 7, 2005

There were some corrections needed.  The minutes were not approved at this time.

                                   

The following reports are included at the end of these minutes.

Reports:                      Communications

City Administrator Report of Activities

City Attorney Report of Activities – 1st Meeting of the Month

Mayor Report of Activities

Council Reports of Activities

Commission of Human Relations

 

Public Comments:  Pertaining to This Agenda Only   None.  

 

UNFINISHED BUSINESS:

Resolutions:                None.

Local Laws and Ordinances:

1.         Second Reading:  Proposed Local Law Amending Chapter 219 Water, § 219-31.1. Payment of certain bills in installments.   This was tabled to the next Council Meeting on December 5, 2005.

 

Motion to table:  Council Member Fasano.  Second:  Council Member Leake.  All voted in favor

 

NEW BUSINESS:

 

Resolutions:   

1.         Resolution No. 150 of 2005:  Special Use Permit – Retail/Residential Renovation 217 Main Street, Owner:  Beacon Terminal Associates.  Set Public Hearing for Monday, December 5, 2005.  In the interest of saving time, a motion was made by Council Member Fasano to waive the reading of the Special Use Permit resolution.  Second:  Council Member Leake.   All voted in favor.  Motion carried.

 

Motion to set public hearing:  Council Member Fasano.  Second:  Council Member Leake.  All voted in favor.  Motion carried.

 

2.         Resolution No. 151 of 2005:  Authorize Mayor to Accept Bid and Execute Contract with Royal Carting Service Company, Inc.  The City Administrator read the resolution:

 

RESOLVED, that the Mayor be authorized to accept the lowest responsible bid submitted by Royal Carting of Dutchess County, Inc. for the Burnable Waste and Recycling Agreement for 2006,  and be it further

 

RESOLVED, that the Mayor be hereby authorized to execute a contract with Royal Carting of Dutchess County, Inc. per the submitted bid #090105.

 

Motion to Approve:  Council Member Fasano.  Second:  Council Member Way.  On roll call, all voted in favor.  Motion carried.

 

3.         Resolution No. 152 of 2005:  Resolution of Consent – Dutchess County Lead Agency – Poughkeepsie/Dutchess Empire Zone 2005 Boundary Redesignation.

 

This item was not on the agenda.  Motion to put it on the agenda:  Council Member Fasano.  Second:  Council Member Way.  All voted in favor.  Motion carried.

 

The resolution was read by the City Attorney.

 

RESOLVED, that the Mayor and City Council of the City of Beacon hereby consent to Dutchess County serving as lead agency for the SEQR review for the Poughkeepsie/Dutchess Empire Zone 2005 Boundary Redesignation.

 

Motion to approve:      Council Member Antalek.  Second:  Council Member Thompson.  On roll call, all voted in favor.  Motion carried.

 

Local Laws And Ordinances:

 

1.                  First Reading:  Proposed Local Law to Amend §5.06 E. of the City Charter (regarding Previous Year Budget).  Set Public Hearing for Monday, December 5, 2005.

No action was taken on this item.  The local law remains in workshop.

 

2.         First Reading:  Proposed Local Law entitled §211-14.2 Parking at the Municipal Center.  Set Public Hearing for Monday, December 5, 2005.

No action was taken on this item.  The local law remains in workshop.

 

Ratifications:

 

1.         Resolution No. 153 of 2005:  Lewis Tompkins Hose Company – Effective October 2005 – David Oswald & Hugo Concha inactive effective October, 2005

 

Motion to ratify:  Council Member Fasano.  Second:  Council Member Leake.   All voted in favor.  Motion carried.

 

Appointments:            None.

 

Announcements:         None.

 

Public Comments:

Tom Baldino, 19 North Street, thanked Council Member Antalek for not forgetting about wind power.  He agreed with Dennis Pavelock about the need for emergency preparedness.  He noted that Mike Davis, Chairman of the Disaster Preparedness Committee, said prevention is the best approach to disaster preparedness.  This requires planning and communication with the citizens.  He wished everyone a happy holiday.

 

Dennis Pavelock, 34 Judson Street, said he would be asking for a copy of a study done in 2004 regarding the position of Mayor’s secretary.  He asked for the status of the Tioronda Bridge, saying the City is at fault for not keeping up the condition of the bridge.  He also said he would talk to steel companies to see if they would like to help with the bridge.

 

Shannon Murphy, 59 Beacon Street, spoke briefly about the Hiddenbrooke property indicating the Assessor had determined a market value of $2.1 million which translates to an assessed value of about third of that.  Preshrock claimed the market value was not realistic because it would cost him a lot to plan and develop the property and asked that the assessment be cut.  Ms. Murphy said Preshrock bought the property with no approval and was warned people were working to preserve the property.  Ms. Murphy stressed the City should not compromise.

 

Perry Pendleton, 57 North Walnut Street, researched the manual on Uniform Traffic Control Devices.  Referring to the section stating that “multiway stop control is used where the volume of traffic on the intersecting roads is approximately equal,” he did not think that 60,000 in one direction [assuming he is talking about the intersection at Verplanck and Willow] was “equal.”   He said the City needs to open discussion and spend a little money. 

 

Budget Amendments:

                       

1.         Amend the General Fund Budget for the Elections Department nspectors expense (A 1450.X4535.00) in the amount of $8,000.00 to be transferred to the following line items:

                  $6,500.00 to Accounts Purchase of Office Equipment (A 1410.X2200.00)

                  $1,500.00 to Accounts Materials and Supplies (A 1410.X4160.00)

These funds are needed to purchase two computers for the Accounts Department, to pay the balance owed on the BAS Clerk Software system and purchase office supplies for the remainder of the year.                    

 

Motion to approve:  Council Member Way.  Second:  Council Member Antalek.  On roll call, all voted in favor.  Motion carried.

 

2.               Amend the General Fund Budget for the Fire Department for $10,384 to be transferred from the following line items:

                  $4,000.00 from Fire Employee Physicals (A 3410.X4537.00)

                  $5,500.00 from Fire Computer Consultants (A 3410.X4520.01)

                  $   884.00 from Fire Prevention (A 3410.X4619.00)

to Fire Purchase of Equipment (A 3410.X2500.00) to purchase new hose for 33-12 and breaker equipment for the Rescue Truck.

 

Motion to approve:  Council Member Antalek.  Second:  Council Member Leake.  On roll call, all voted in favor.  Motion carried.

 

Review of Bills:  Total Disbursements as of November 21, 2005:                $224,591.35

 

Next Workshop Date:   Monday, November 28, 2005 at 7:00 pm. – Municipal Center

Police Department – 11/28/05

 

Next Council Meeting:   Monday, December 5, 2005 at 7:30 p.m. – Municipal Center

 

Executive Session:  Parking Lots.  This will be at the workshop on November 28, 2005.

 

Adjournment:  at 9:40 p.m.  Motion was made by Council Member Kyriacou.  Second:  Council Member Antalek.  All voted in favor.  Motion carried.  

 

 

Following are the reports given at the meeting:

 

Mayor’s Correspondence Report – November 21, 2005

 

10/18/05: Ann Meagher annm@gsdcc.org – Greater Southern Dutchess Chamber of Commerce

RE:  Are you a “Forty Under 40” mover and shaker?  Do you know someone who is?

 

The public needs to know about the movers and shakers of the business community, those who have had some major success by or before the age of forty.  These are the men and women who have taken on decision-making roles at an earlier-than-usual stage in their lives.  They are making a notable impact on their industry and have shown a clear vision for the future of their business.

 

Please mark your calendars for Tuesday, January 17, 2006 at the Villa Borghese (Widmer Road, Wappingers Falls) for our inaugural selection of the Hudson Valley area’s Top Forty Under 40.  The program will demonstrate how rich our region is with talented, successful, charitable and community oriented young people.   Cocktails will begin at 5:30 p.m. with the program to follow. Tickets are $40 per person.

 

To nominate yourself or someone else, please complete the attached form and return it by fax or mail to the Greater Southern Dutchess Chamber of Commerce.  Please include a résumé or bio and the age for each nominee.  Nominations are open to Chamber members who work in the Hudson Valley and will be 40 or under as of January 17, 2006.  The deadline for submissions is December 30, 2005.

 

Contact Karolyn Osborne for more information (845.296.0001 or via E-mail at events@gsdcc.org ).

 

10/12/05: Barnabas McHenry, CoChairman – Hudson River Valley National Heritage Area

RE:  Heritage Sites

 

We are pleased to present to you the enclosed report, which is the result of a review of our designated Heritage Sites, and how the Hudson River Valley National Heritage Area (HRVNHA) can better serve them. This diverse collection of Heritage Sites includes house museums, galleries, battlefields and natural areas representing the history and culture of the Hudson River Valley. In 2004, there were 80 designated sites. Today, that number has increased to 90, and a description and illustration of all Heritage Sites may be viewed on our website www.hudsonriv