Council Meeting Minutes – December 5, 2005City of
Minutes
The regular meeting of the Beacon City
Council was called to order by Mayor Clara Lou Gould at
Motion to adjourn the executive session
at
The regular meeting resumed with the
Pledge of Allegiance to the Flag and a moment of silence for Dr. Robert
Frankel.
Council
Members Present: Frederick Antalek,
Michael Fasano, Lee Kyriacou, Deanna Leake, Eleanor Thompson,
Also
Present: City
Administrator Joseph Braun
City
Attorney Gerard Pisanelli
Approximately 35-40 members of the
community were in attendance. Tim Dexter, Fire Chief and Richard Sassi Sr.
attended. Also in attendance were Mark Thomas of the PBA, Officer John Crone of
the Beacon Police Department, and Matthew Dubetsky - the City of Beacon
Representative for the CSEA Union.
The media was represented by Goldee
Greene of the Beacon Free Press and
Paul Paulson of the Poughkeepsie Journal.
Traffic and Safety Committee Public Hearing: Notice of Public Hearing read by Joseph
Braun.
PLEASE TAKE NOTICE that the
City of Beacon Traffic Safety Committee will hold a public hearing on Monday,
December 5, 2005 at 7:30 p.m. in the Court Room of the Municipal Building, One
Municipal Plaza, Beacon, New York, pursuant to proposed amendment to the
Traffic Code regarding the following:
The Traffic Safety Committee,
at the time and place stated above, will hear all persons in support of these
amendments or any objections hereto.
Public Comments:
Dennis Pavelock,
Response from City Attorney
Gerard Pisanelli – The Traffic Safety Committee had a discussion on the topic.
City Administrator Joe Braun
made mention of a fence that posed a blind spot. Also, an accident was named as
a catalyst for the stop signs.
Dennis Pavelock - If a fence
caused the problem, shouldn’t the resident be asked to take his fence down.
No further comments.
Eleanor Thompson made a
motion to close the session and Deanna Leake seconded that motion. All voted in
favor. Motion carried.
The Public Hearing was
declared closed at
Public Hearings:
1. Special Use Permit – Retail/Residential Renovation
PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold
a public hearing on Monday, December 5, 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 Beacon Terminal Associates to conduct a
retail/residential renovation of 217 Main Street.
The Beacon Planning Board reviewed the
application on
A copy of the 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 Comments:
Dennis Pavelock –
Motion to close the public hearing
made by Council Member Antalek and seconded by
2. Proposed Local Law Amending Chapter 219
Water, § 219-31.1. Payment of certain bills
in installments. Read for the public by
the City Administrator.
PLEASE TAKE NOTICE that the
City of Beacon will hold a public hearing on Monday, December 5, 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 Chapter 219 Water of the Beacon City Code, §219-31.1
Payment of Certain Bills in Installments, which would increase the number of
quarters for the payments of abnormally high water bills from four quarters to
eight quarters. This public hearing was
originally scheduled for
This local law would take
effect immediately upon 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.
There were no comments from the public.
Community Segment: NONE
Approval of Minutes: Council Meeting -
Council Meeting
Motion to accept the minutes was made by Council
Member Fasano and seconded by
Reports: Communications – Read by Mayor Gould
City Administrator Report of Activities – Read
by Joseph
Braun.
Mr. Braun requested an executive session at the end
of
tonight’s meeting to discuss settling
terms with the CSEA and Firefighter’s
City Attorney Report of Activities – 1st
Meeting of the month. – Read by Gerard Pisanelli.
Mayor
Report of Activities – Read by Clara Lou Gould.
Council
Reports of Activities
Public Comments:
Ray Clary –
Ladies and Gentlemen:
Again it has come to our
attention that the city has a problem with the dumpster on the comer of Church
and Eliza Streets. These two dumpsters are an eye sore and an attraction for
more junk and filth. In the past two years we have seen everything from broken
toilets to old TV sets. We have seen rats breeding in the trash and human feces
left by others, and maggots in the garbage. Currently there is a couch, gas
stove, washing machine, weight bench, carpet, and baby items as well as trash
and garbage around these dumpsters. We have even seen people urinating on these
dumpsters at all hours of the day and night.
We have contacted various
people that work with the city including the police, city workers / employees,
and health department. We have been informed that fines were issued and that
the area was to be cleaned up and kept clean and free of any junk and or trash.
Also that the dumpsters were going to be removed in three days. This was three
months ago!
HOWEVER THE DUMPSTERS, JUNK,
FILTH, AND GARBAGE REMAINS
We are asking for help from
the City Counsel so that these dumpsters are removed and the permit holders of
these dumpsters make other arrangements for there own trash and garbage.
By removing these dumpsters
it will eliminate the eye sores filth, and junk in and around the comers of
Church and Eliza Streets. These also will beatify the neighborhood and the City
of
Thank you for your attention
to this problem.
Raymond and Sue Clary
(845)838-9454
Dennis Pavelock –
Curtis Blair –
Sally Blair – I am Curtis’s wife. I am
very angry and very frustrated. The first time it happened I was pregnant. I
became very very sick from all the stress I was under. I am very frustrated, I
am very angry. I have photographs here. Luckily, the first time the flooding
happened FEMA reimbursed us. Why wasn’t Beacon in a state of emergency in October
when this happened? I am very angry and very frustrated. I have photographs of
when it happened in 1996 and when it happened now.
Elaine Statini – Speaking on behalf of
sister in law at
Good
evening my name is Elaine Statini I am speaking tonight on behalf of Susan
Statini who resides at 10 Aldridge place. I am here to discuss the water
problem she has. When their house was built the city of
Ms. Statini also presented
the council with pictures of the water damage.
Mike Lanari –
RE:
Beacon City Council ‑ $IM Bonding for Preserving Open Spaces
The last 6 ‑ 8 months
have yielded a complicated maze of events and disconnected bits of information
surrounding the Hiddenbrook property, it's potential rezoning, it's potential
development and it's potential purchase back from the developer by an
unspecified land trust or maybe even the City of Beacon itself Tonight this
council is considering bonding $ 1 Million to preserve open spaces, presumably
to be used as a major contribution to a scheme that would prevent the
Hiddenbrook property from being developed. While I don't have a problem with
preserving open spaces, I do take issue when a land preservation fund is
proposed solely to derail an on the books development that already has the
potential to preserve a good portion of open space without cost to the
taxpayers. This bonding is clearly about stopping the subject Hiddenbrook
parcel from being developed. Proponents figure that if the property is rezoned,
Preshrock Corporation, after weighing legal options, will just sell the
property to whoever the partners in this land trust turn out to be. Under
present or future zoning I encourage Preshrock Corporation to continue to
pursue land preserving development plans for this unique parcel. Such
development, if properly planned and executed, can correct existing drainage
issues, preserve open space, raise neighboring property values and expand the
city's tax base. Bonding this money to stop development at Hiddenbrook would be
a major mistake that the taxpayers of this city, who are still recovering from
a >22% school tax increase, can't afford. And just maybe it is the taxpayers
who should decide on this bonding via referendum after being provided with some
real facts. Contrary to statements made on the record before this council by
representatives of the Friends of Hiddenbrook, their are residents of this city
that would like to see the property in question developed and would stand in
line to buy a home there. I happen to be one of those people.
Michael H. Lanari
Bob Bailey –
UNFINISHED BUSINESS:
Resolutions:
1. Resolution No. 154 of 2005: SPECIAL USE PERMIT RESOLUTION, Beacon
Terminal Associates –
WHEREAS, Beacon Terminal Associates has applied for a Special
Use Permit from the City Council requesting approval to conduct a
retail/residential renovation of 217 Main Street for residential space at the
rear of the first floor and on the second floor and retail space on the lower
level front; and
WHEREAS, the
Planning Board has recommended the City Council issue said 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 retail/residential renovation 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 Beacon Terminal
Associates 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 retail/residential renovation 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 Beacon Terminal Associates 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 Special Use Permit be hereby issued to Beacon Terminal Associates
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 Beacon
Zoning Ordinance.
The
motion to approve the resolution was made by Council Member Antalek and
seconded by Council Member Leake. On a roll call, all voted in favor. Motion
carried.
Local Laws
and Ordinances:
1. Resolution No. 155 of 2005: Second
BE IT ENACTED
by the City Council of the City of
SECTION 1. TITLE
This local law shall be entitled
“A Local Law to amend §219.31.1 Payment of Certain Bills in Installments.”
SECTION 2. PURPOSE
AND INTENT
This local law is intended to
increase the number of quarters for the payment of abnormally high water bills
from four quarters to eight quarters.
SECTION 3. AMENDMENT
The section shall be amended
to read as follows:
§219-31.1.
Payment of certain bills in installments.
In the event that the current
quarterly bill on a City of Beacon water account is four or more times higher
than its highest quarterly bill over the most recent four quarterly bills, and
the City Administrator determines the abnormally large bill is a result of
either estimated billing or a defective external reading device which results
in the actual interior meter registering higher than the external reading
device, not as a result of any tampering, the City Administrator may allow
payment of such abnormally high bill in eight equal installments over that and
the next seven consecutive quarters without the 10% penalty and lien provisions
set forth hereafter, and provided each subsequent regular quarterly bill is
paid in full in a timely fashion.
SECTION 4. EFFECTIVE DATE
This local law shall take
effect immediately upon its filing with the Secretary of State.
Motion by
NEW BUSINESS:
1. Resolution No. 156 of 2005: Concerning Charter Section 5.06 E:
Budget – Read by the City Administrator.
WHEREAS, City Attorney Gerard J. Pisanelli has rendered a legal
opinion interpreting and explaining Charter Provision 5.06 E: Budget; and
WHEREAS, the City Council wishes to formally accept the legal
opinion of the City Attorney; and
WHEREAS, the operative language of Section 5.06 E reads as
follows:
Adoption:
“The Council shall adopt the budget on or before the 31st day of the
last month of the fiscal
year. In the event that the Council
fails to adopt a budget by said date, then, in such event, the proposed budget
of the Mayor shall, by operation of law, become the budget for the ensuing fiscal
year.” Now, therefore, be it
RESOLVED, the City of
date is December 31st
of each year. The Council shall have
until
The motion to adopt the resolution was
made by
On roll call, all voted in favor. Motion
carried.
2. Resolution No. 157 of 2005: Amending 2006 Budget as of
RESOLVED, as part of the budget process the City Council hereby
votes to amend the 2006 budget to date in the following categories:
Expenses Reductions:
Fire Chiefs Stipend: $7,390.00
Human Relations Commission $6,250.00
Clerical 1210 $3,874.00
Fire 3410.x2500.5 Bunker Gear $10,000.00
Fire 34.x4472.00 Repairs $25,000.00 [5,000.00]
[Skate Park $13,000.00]
Revenue
Increases:
Real Property Tax $65,000.00
Mortgage Tax $60,000.00
Net Change $177,514.00
Approximately -3%
Transfers:
From: Police
Training $25,000.00
To: Contingency
Police Training $25,000.00
Council Member Kyriacou made the motion
to approve the amendments to the 2006 budget. Council Member Antalek seconded
the motion to adopt. Council member Way pointed out one correction and one
omission. Council member Way made a motion to amend Fire from $25,000.00 to $5,000.00
and to add $13,000.00 for the
3. Resolution No. 158
of 2005: An
Ordinance Authorizing The Issuance Of $1,000,000 Serial Bonds Of The City Of
Beacon, Dutchess County, New York, To Pay The Cost Of The Purchase Of Open Land
for Preservation Purposes for Adoption by affirmative vote of at least
two-thirds of the entire voting strength of the Council of the City. Read by City
Administrator Joseph Braun.
BOND
ORDINANCE DATED
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF $1,000,000 SERIAL BONDS OF THE CITY OF
WHEREAS, all
conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental
Quality Review Act, have been performed; and
WHEREAS, it is now
desired to authorize the financing of such capital project; NOW, THEREFORE
BE IT ORDAINED, by
the Council of the City of
Section 1. For
the class of objects or purposes of paying the cost of the purchase of
permanent interests or rights in real property for the preservation of open
spaces or areas, in and for the City of Beacon, Dutchess County, New York,
including incidental expenses in connection therewith, there are hereby
authorized to be issued $1,000,000 serial bonds of the City of Beacon, Dutchess
County, New York, pursuant to the provisions of the Local Finance Law.
Section 2. It
is hereby determined that the maximum estimated cost of the aforesaid class of
objects or purposes is $1,000,000, and that the plan for the financing thereof
is by the issuance of the $1,000,000 serial bonds of said City authorized to be
issued pursuant to this ordinance.
Section 3. It
is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is thirty years pursuant to subdivision 21 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 4. Subject
to the provisions of the Local Finance Law, the power to authorize the issuance
of and to sell bond anticipation notes in anticipation of the issuance and sale
of the serial bonds herein authorized, including renewals of such notes is
hereby delegated to the City Administrator, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said City
Administrator, consistent with the provisions of the Local Finance Law.
Section 5. The
faith and credit of said City of
Section 6. Such
bonds shall be in fully registered form and shall be signed in the name of the
City of
Section 7. The
powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the City Administrator, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such
manner as he shall deem best for the interests of the City; provided, however,
that in the exercise of these delegated powers, he shall comply fully with the
provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of the City Administrator shall
be a full a quittance to the purchaser of such bonds, who shall not be obliged
to see to the application of the purchase money.
Section 8. All
other matters, except as provided herein, relating to such bonds, including
determining whether to issue such bonds having substantially level or declining
annual debt service and all matters related thereto, prescribing whether manual
or facsimile signatures shall appear on said bonds, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal agent or agents
for said bonds, providing for the printing and delivery of said bonds (and if
said bonds are to be executed in the name of the City by the facsimile
signature of the City Administrator, providing for the manual countersignature
of a fiscal agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or places of
payment, and also including the consolidation with other issues, shall be
determined by the City Administrator. It
is hereby determined that it is to the financial advantage of the City not to
impose and collect from registered owners of such serial bonds any charges for
mailing, shipping and insuring bonds transferred or exchanged by the fiscal
agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local
Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the
recital of validity clause provided for in section 52.00 of the Local Finance
Law and shall otherwise be in such form and contain such recitals in addition
to those required by section 52.00 of the Local Finance Law, as the City
Administrator shall determine.
Section 9. The
validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an
object or purpose for which said City is not authorized to expend money, or
2) The provisions of law which should be
complied with at the date of publication of this ordinance are not
substantially complied with,
and an action, suit or
proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3) Such obligations are authorized in
violation of the provisions of the Constitution.
Section 10. This
ordinance shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2.
Other than as specified in this ordinance, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or
otherwise set aside with respect to the permanent funding of the object or
purpose described herein.
Section
11. Upon this ordinance taking effect, the
same shall be published in full in Poughkeepsie Journal, together with a
notice of the City Clerk in substantially the form provided in Section 81.00 of
the Local Finance Law.
Section
12. This ordinance is adopted subject to
permissive referendum in accordance with Section 8.02 of the Beacon City
Charter.
Motion by
4. Resolution No. 159 of
2005: RATIFICATION OF TRAFFIC SAFETY COMMITTEE DETERMINATION
Read
for the public by the City Administrator.
WHEREAS, the
Traffic Safety Committee has held a public hearing in the City of Beacon on
December 5, 2005 to receive public input for a series of proposals to:
1. Install three
way stop at the intersection of
NOW,
THEREFORE, BE IT RESOLVED, that
the determination of the Traffic Safety Committee to require the following
actions be hereby ratified to:
Motion to approve made by Council Member Kyriacou, and seconded by
Council Member Antalek. On the roll call, all were in favor. Motion carried.
5. Resolution No. 160 of
2005: Resolution to add the following resolution to
the Agenda.
Council Member Kyriacou made a motion to adopt this resolution,
seconded by
6. Resolution No. 161 of
2005 - NEW YORK STATE DEPARTMENT OF STATE, NEW YORK STATE
QUALITY COMMUNITIES PROGRAM, ENVIRONMENTAL PROTECTION FUND 2005-2006, UPDATING
COMPREHENSIVE PLAN:
Read
for the public by the City Administrator.
WHEREAS, the
Application for New York State Department of State, New York State Quality
Communities Program Environmental Protection Fund is complete, be it
RESOLVED, the
City Council authorizes the Mayor to apply for and accept the funds for the New
York State Department of State, New York State Quality Communities Program
Environmental Protection Fund for the purpose of updating the Comprehensive
Plan.
Motion by
Local Laws
And Ordinances:
1. Resolution No. 162 of 2005: First
Motion to set
hearing made by
2. Resolution No.163 of 2005: First
Motion to set hearing made by
Ratifications:
NONE
Appointments:
1.
Resolution No. 164 of 2005: Police Department:
Jose Rios –
Promotion – Police Officer to Detective effective
2. Resolution No. 165 of 2005: Planning
Board – Three Year Terms
APPROVE
appointment of John Gunn to the Planning
Board to fill an unexpired three-year term (Edward Sablinski, deceased). Term to Expire
APPROVE
appointment of Elizabeth Strianese to the
Planning Board as Alternate Member to fill an unexpired three-year term (J.
Gunn). Term to Expire
The motion to
approve these appointments was made by Council Member Kyriacou and seconded by
Fred Antalek. All voted in favor on a roll call. Motion carried.
3. Resolution No. 166 of 2005: Fire
Advisory Committee – Three Year Term
Approve the
re-appointment of Anthony Piccone, Jr. for a three year term – Term Expires
4. Resolution No. 167 of 2005:
5. Resolution No. 168 of 2005: Recreation
Director: Julann Cobb – Motion by Council Member
Thompson, second by Council Member Fasano. On a roll call – all were in favor.
Motion carried.
Public Comments:
City Council Member Thompson asked for
City engineer to check out situation at River Knolls.
Walter Castle – Referred to his
FOIL request for zoning documents. Referred to critical parking situation on
Anna West – 57 Dutchess Terrace – Thanked
city workers for fixing the water drain by her home. Posed a question on the
bond. Thirdly, thanked all the council members for their past service.
Anita Ayoob –
Bill Shroeder –
Council Member Kyriacou- asked the City
Administrator for copy of the current flood plain map.
Dennis Pavelock
Sally Blair –
Elaine Statini –
Shannon Murphy –
Beverly Phillips –
Lou Sebesta -
Budget Amendments: Finance Department: Council Action Budget Amendments –
as of
1. Amend the General Fund Budget for the Highway Miscellaneous
Revenue
(A 5110.R2770.00) in the
amount of $8,359.00. This amount
represents the excess revenue
collected from BVAC as payment for the fuel used by their vehicles. These excess funds will be used to amend the
Highway Fuel Expense (A 5110.X4130.00)
from which the BVAC bills were paid.
2. Amend the General Fund Budget for the Building Department by
transferring $700 from Printing Expense (A 3620.X4460.00) to Overtime Expense
(A 3620.X1050.00) in order to
meet projected overtime for the remainder of the year.
3. Amend the General Fund Budget for the Recreation Department Summer
Playground Expense (A 7140.X1731.00) by transferring $3,500.00 of the
unexpended balance to Special Projects (A 7140.X2500.01). These funds will be earmarked for the foundation for the Girl’s Softball Field
House.
4. Amend the General Fund Budget for the Police
Department by transferring the following excess amounts:
A 3120.X1010.00 $35,000.00
A 3130.X1010.00 12,000.00
A 3130.X1050.00 3,000.00
to the Police Department
Overtime expense (A 3120.X1050.00). This
$50,000 transfer should cover the expenses for the overtime for the remainder
of the year.
*5. Amend the General Fund Budget for the Police Department for $1,000 received as a donation (Code: A 1325.R2705.00) from Sam’s Club. This money is to be spent on community policing programs. The department would like to purchase motorcycle supplies (A 3120.X4190.02) with these funds. The