Minutes
Beacon
City Council Meeting
December
19, 2005
Call to Order and
Executive Session:
The regular meeting of the Beacon City
Council was called to order by Mayor Clara Lou Gould at 7:00 pm on December 19,
2005. The Council immediately went into an executive session to discuss
possible litigation. Attorney Michael Zarin and David Stolman, City
Planner, as well as newly sworn in Council Members [effective January 1, 2006] Elizabeth
J. Foster and Philip P. Shea were invited to attend.
Motion to come out of the executive
session at 7:30 p.m. Motion made by Council
Member Antalek, seconded by Council Member Way. All voted in favor. Motion carried.
The regular meeting resumed at 7:32 p.m. with the
Pledge of Allegiance to the Flag and a prayer led by The Rev. David Nolan of
St. Joachim’s - St. John’s Church.
Council
Members Present: Frederick Antalek,
Michael Fasano, Lee Kyriacou, Deanna Leake, Eleanor Thompson, Samuel Way.
Also
Present: City
Administrator Joseph Braun
City
Attorney Gerard Pisanelli
David
Stolman, City Planner, Frederick P. Clark Associates
Michael
Zarin, Attorney
Approximately 30 members of the
community were in attendance.
The media were represented by Ed
McCarthy of the .Hudson Valley Press.
Public Hearings:
1.
Proposed
Local Law Amending §211-14 Adding §211-14.2 Entitled “Parking at the Municipal
Center.” The notice of public hearing
was read by the City Administrator.
[Council Member Kyriacou arrived at 7:35 during this reading.]
PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, December 19, 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 211 Vehicles and Traffic which would add a new subsection 211-14.2 to Article III Parking, Standing and Stopping. This local law is intended to codify parking at the Municipal Center.
The new subsection would read as follows:
Sec. 211-14.2. Parking at the Municipal Center.
A. The following rules are hereby enacted to apply at the Municipal Center:
1. Parking shall be allowed in designated spaces only and is limited to four hours except for employees of the City of Beacon.
2. The space marked “Judge Only – Tow Away Zone” is hereby reserved for the City Judge or Acting City Judge or Assistant City Judge. Anyone else who parks there shall be towed at the vehicle owner’s expense. The towing expenses shall be in addition to the penalties contained in §211-20.
3. The space marked “Mayor Only” is hereby reserved for the Mayor. Anyone else who parks there shall be towed at the vehicle owner’s expense. The towing expenses shall be in addition to the penalties contained in §211-20.
4. The spaces marked “Two hour parking” shall be enforced so that any vehicle parked in said space for more than two (2) hours shall be subject to the penalties in §211-20.
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 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.
Anna West, 57 Dutchess Terrace, said it
was nice to hear about the parking but asked if there is a speed limit in the
parking lot. She almost was run over by
a police car as she approached the Municipal Center.
There being no further comments, Council Member Way made the motion
to close this hearing. Second: Council Member Leake. All voted in favor. Motion carried.
2. Proposed
Local Law Adding §135-21G to §135-21
Toilet Rooms and Bathrooms. The City
Administrator read the notice of public hearing:
PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, December 19, 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 135 Housing Standards which would add a new subsection 135-21G to §135-21 Toilet Rooms and Bathrooms. This local law is intended to require toilet facilities to be maintained on all construction projects.
The new section shall read:
§135-21G. Toilet Rooms and Bathrooms
Toilet facilities shall be provided during construction, remodeling, or alterations. Toilet facilities may be either permanent or portable. Such a facility shall be maintained in a sanitary condition. Construction worker toilet facilities of the non sewer type shall conform with ANSI Z 4.3.
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 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.
There were
no comments from the public. Motion to
close this hearing: Council Member Antalek. Second:
Council Member Way. All voted in
favor. Motion carried.
Regular Meeting:
Community Segment: Fonda
Muhammad and Gary Perez – Human Relations Commission. Ms. Muhammad was delayed but Mr. Perez, Vice
President of the Human Relations Commission, spoke on her behalf. He thanked the Council for including them on
the agenda. He announced that the Human
Relations Commission will hold a series of workshops in 2006. The first one is scheduled for January 11,
2006 at 7:30 p.m. and will be held at 95 Catherine Street. The workshop will address disability and human
rights. He looks forward to seeing all
there. If anyone has special concerns
regarding accommodations, please call Fonda Muhammad. Mayor Gould added that the veterans at Castle
Point were fond of saying that people are “temporarily abled” because
disability can happen to anyone.
Approval of Minutes: Council Meeting - November 21, 2005
Council
Meeting - December 5,
2005
Motion to approve the above
named minutes: Council Member
Antalek. Second: Council Member Way. All voted in favor. Motion carried.
Council Member Thompson
pointed out the Council comments were not presented in a complete manner
largely because the members did not put their comments in writing. She said it is important that the new Council
present their reports in writing.
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
During the Mayor’s correspondence
report, the first letter of which deals with the Empire Zone Designation, the Mayor called on Peter Winne of the Dutchess
County Economic Development Corporation (DC EDC) who was in the audience. The DC EDC administers the Empire Zone. The Empire Zone according to Mr. Winne was first
set up in 1994. As of April of 2005, all
72 Zones throughout the State of New York have to be redesignated to include two
square miles of contiguous areas. Mr.
Winne explained a footprint of the redesignated Zone which includes Long Dock,
Main Street, Route 52 going toward Fishkill and Westage. Long Dock and Westage were included in the
previous designation. Beacon Terminal is
no longer included because it is not contiguous with the other parcels. However, it could apply for certification on
its own. This is a tax incentive program
to enable businesses to hire extra people, to invest in extra equipment and the
like. Residential portions of largely
commercial parcels in the Zone will not be exempt from taxes. Mr. Winne is looking forward to the spring
when he will be in Beacon to tell all the businesses in the Zone how they can take
part in this program.
The Mayor
presented a written report which is attached to these miinutes but in lieu of
reading them she entertained the audience with a pair of musical snowmen who
sang “We wish you a Merry Christmas!”
Public Comments: Pertaining to This Agenda Only.
Donald J. Gallo,
28 South Walnut Street, Beacon, read his statement to the Council.
Re: Agenda
Item, Agreement to Purchase Hiddenbrooke Estate.
I would like to read the following
statement. Since it is the policy of the
Council not to answer questions form the taxpayer at these sessions, any
questions are rhetorical. For the
record, I’m not anti-open space. It’s
the method and manner used in this case.
I understand that Council is voting this evening on an agreement
regarding the possible conveyance of Hiddenbrooke from the current
owner/developer, Preshrock, to the City of Beacon. The funding, or a portion thereof, and as
mentioned in the agreement, is to be furnished under the authority of Bond
Ordinance No. 158 adopted on December 5, 2005, and which has no legal effect until
45 days after the date of adoption. In
light of this 45 day requirement, and notwithstanding that the agreement to
purchase is conditioned on the occurrence of certain events, isn’t it at least
premature and presumptuous to enter into an agreement, the first draft of which
had been finalized even before the vote on the aforementioned Bond
Ordinance. Yet, Madam Mayor, you stated
on December 5, 2005 and I quote from the BFP [Beacon Free Press] dated December 7, 2005, “This (Bond Ordinance)
pertains to general open space, not to any specific property…”(End of
quote). Sounds to me like a misrepresentation. How is the taxpayer supposed to discuss this
issue intelligently with his representative?
This plan had been hatched behind closed doors in executive session and
is an abuse of an exception to the Open Meetings Law. Executive session(s) are appropriate for the
proposed acquisition of real property…, but only when the publicity would
substantially affect the value thereof.
The key word is substantially.
The value of Hiddenbrooke would not have been substantially affected
because it’s a known fact as to the amount the developer paid for the property
and approximately how much he requires to make him whole. I believe an appraisal has been done also
which would have limited price fluctuation.
Additionally, the purchase of the said property should not be lumped in
with the proposed litigation exception to the Open Meetings Law. Maybe the developer is going to sue, so lets
go into executive session. That, too, is
an abuse. Threatening to rezone if the
developer won’t sell is also an abuse.
The Poughkeepsie
Journal of December 17, 2005 contained a quote by Mayor Gould stating, and
I quote, “The community has really spoken very loud and clear that they want to
preserve the property for open space, so that’s what we’re trying to do.” (End of quote). The whole community, or just a fraction? Frankly, the only true and fair way to
determine if the community endorses this “deal” is to hold a referendum, and I
would hope they decide to do just that.
If not, the people will look elsewhere.
As for this evenings vote on the
agreement to purchase, I ask that it be tabled at least until the Bond
Ordinance has legal effect or until approved by the affirmative vote of the
majority of qualified electors of the City of Beacon. An extremely reasonable request. Lastly, thanks is due to Council members
Leake, Way, Antalek and Fasano for their service to the community. I hope your last meeting is a memorable one.
”
Michael J. Lanari, Delavan Avenue, read the
following statement”
12/19/05
Beacon City Council ‑ Letter of Agreement with Preshrock Corporation ‑‑‑
OR ‑‑Approval of local Laws A, B and C (rezoning of Hiddenbrook)
I have weighed all the arguments on the future of
the Hiddenbrook property and continue to support the clustered housing proposal
presented by Preshrock Corporation as the best compromise for those involved on
all sides of this issue. Tonight's one OR the other public agenda actions
related to 'Hiddenbrook accurately portray what has been on the council's
hidden agenda for weeks, that being an ultimatum from the City of Beacon to
Preshrock Corporation; sign a contract to sell the land or you will be rezoned
out of business! Is this really the image that we want to portray to potential
developers, businesses and others that might invest or live in Beacon? Don't
the signs at the entrances to our town say "Welcome to Beacon"? The
already passed $1 million bond ordinance that will, without voter
representation, raise taxes for an already overtaxed populus to buy what has
been offered for FREE by the developer is just insanity.
Please do not sign the contract to buy, do not re‑zone
Hiddenbrook and rescind the $1M bond ordinance.
[sic]
Anna West, 57 Dutchess Terrace thanked the Council
for their hard work. She asked about the
Bond Ordinance and whether it was for any specific purpose.
Charles Symon, 79 Wesley Avenue read the following
statement:
I am deeply disappointed in the discussion to borrow 1
million plus dollars to preserve HiddenBrook. I understand that the current
owner/developer has proposed to donate a majority of the land for free to the
City if he can build homes on a small section. I find this more acceptable then
to strap the tax payers of Beacon with another non revenue parcel of property.
I miss the point of how the City plans to purchase this property for 1 million
dollars when the developer bought it for 2 million and probably has invested
other monies above that amount to this day. I am pretty sure he went into this venture
to make money and not as a charitable enterprise. How much will this cost to
the tax payers in the end 2, 3 or 4 million dollars. If you look to the courts
to purchase the property, how much will the legal bill be for the tax payer? If
you are looking for ways to borrow and spend money, why not fix the sewer
system, so raw sewage isn't pouring into the streets when it rains, why not
spend a million dollars to build a new firehouse. I look at the “open space” in
the city today and question how it is maintained. Walking through the current
open spaces is a challenge on some days, with debris and garbage littering the
space. Who will be getting the advantage
by purchasing HiddenBrook, surely not the tax payer. Take one look at the fiasco at Dennings
Point….public property, to be used for the enjoyment of the public, now closed
to the public, to protect a couple of imaginary birds….what will we protect at
Hiddenbrook, a snake, a crow, if the City does get this property, will it be
open to all? How will it be patrolled....we don't do a great job protecting the
Mount Beacon property, all I ever hear is that it's Fishkill's problem. Please look real hard at what you're doing
here; don't waste tax payer money to protect the few that don't want a couple
of homes built around them. I do live in the area of HiddenBrook and while it
may create a few more cars speeding down Washington Avenue unchecked, I am
willing to see a few more houses in the area, if it means we don't need to
borrow and spend millions of dollars with no real purpose. [sic]
Bob Outer, 8 Robin Lane, remembered having to help
remove a woman from her house in the Hiddenbrooke area due to a flood. He encouraged the Council to pursue the
acquisition of Hiddenbrooke.
Dennis Pavelock, 34 Judson Street, said the 1974
Comprehensive Plan does not address flooding.
He is for preserving any and every open space. He referred to an article in the Poughkeepsie Journal in which the
engineer of the Town of Poughkeepsie observed that people get busy [developing]
and do not want to put in retention basins or erosion control. Between October 7 through 14th,
thirteen inches of rain fell. Regarding
River Knolls and Mt. Beacon, Mr. Pavelock said, “Do it now. Let’s be smart.”
Shannon Murphy, Beacon Street, said that over the past
two years, she has been watching the beautiful public process of open
meetings. The $1 million can be used for
leverage for funding not just for open space but for sewer and flooding problems. She urged people to keep coming to meetings
and see how the process works.
Chris Ruhe, 37 Dutchess Terrace, member of the Conservation Advisory
Committee and Friends of Hiddenbrooke, asked simply if the City of
Beacon wants to repeat what the Town of Fishkill has done.
Rebecca Hale, Fishkill, is an advocate of “there is
more to money than money.” She is
welcoming the open space which will allow breathing space.
Tom Baldino 19 North Street, Regarding
Hiddenbrooke, Mr. Baldino said there is not much open space left in Beacon. The Hiddenbrooke property is fairly large and
it is important to save it. Beside the
water problems for the homes there, the land is precious. If you read the newspapers, all along there
have been articles published about Hiddenbrooke, some of them before the current
owner purchased the land. Shannon Murphy
spoke before that to preserve Hiddenbrooke.
People have the tendency to act at the 11th hour. He saw faces this evening he had not seen
before. He said if people come to
meetings, they will understand the process better. The City can not spend more to purchase the
land than the appraisal value. He urged
the Council to try to purchase the property and any other little spaces. He bid farewell to the outgoing Council
Members saying he enjoyed the years working with them.
UNFINISHED BUSINESS:
Resolutions:
1. Resolution No. 169 of
2005: Authorize Mayor to sign a Letter
of Agreement between the City of Beacon and Preshrock Corporation.
[The options on the agenda tonight were to vote approving a Letter
Agreement or to pass the proposed Local Laws A, B, and C which would have the
effect of changing the Zoning of the Hiddenbrooke property and to adopt the
accompanying negative declaration and resolution amending the Comprehensive
Plan.]
Michael Zarin of Zarin & Steinmetz,
Attorneys at Law, reviewed the terms of the proposed Letter Agreement for the
public, describing it as an agreement in salient terms representing the City of
Beacon’s best efforts to acquire the property in 6 months. Following is the text of the proposed Letter
Agreement which he reviewed:
December
19, 2005
Via Email,
Facsimile & Regular Mail
Robert F. Davis,
Esq.
Shamberg Marwell
Davis & Hollis, P.C.
55 Smith Avenue
Mount Kisco, New
York 10549
Re: Hiddenbrooke Property
Dear Mr. Davis:
On behalf of the
City of Beacon, this Letter Agreement constitutes the agreement between the
City of Beacon (the “City”) and Preshrock Corporation (“Preshrock”
(collectively, the “Parties”) in connection with the possible conveyance of the
vacant approximately 103.3-acre parcel with frontage on both DePuyster and
Mountain Avenues, commonly known as the Hiddenbrooke Property, such Property to
also include the Chapel Parcel as hereinafter defined.
1. Acquisition. The City shall use all best efforts to
acquire the Hiddenbrooke Property within six (6) months form the date
hereof. The Parties agree to a six (6)
month extension in the event that they mutually determine that satisfactory
progress is being made toward the acquisition.
The Parties shall endeavor in good faith to negotiate and enter into a
contract of sale for the Hiddenbrooke Property within (90) days hereof. The Contract of Sale shall include, but not
limited to, certain contingencies related to (i) the City obtaining the
necessary acquisition funding, (ii) Preshrock negotiating a settlement with
Jonathan Miller so as to ensure that the Chapel Parcel (as defined hereinafter)
is included unencumbered in the acquisition, (iii) that an approximate five (5)
acre buffer area or conservation easement is included in connection with
certain property adjoining the Carmelite Sisters convent, the final
encumbrances, which the City, in its sole reasonable discretion, determines
would so encumber the Hiddenbrooke Property and/or the Chapel Parcel as to
defeat the public purpose of the acquisition as provided herein, and (v) that a
deed restriction, conservation easement or like instrument is recorded by the
City restricting the allowable use of the Hiddenbrooke Property for passive
recreational and/or educational purposes.
The City commits to issuing a $1 million bond for the purpose of
acquiring the Hiddenbrooke Property, subject to any required permissive
referendum. The Parties shall cooperate
in obtaining the balance of the City’s funding from outside sources, and each
Party shall keep the other informed of all developments related to satisfying
the aforementioned contingencies. Preshrock
shall immediately provide copies to the City of all title policies and reports
for the Hiddenbrooke Property and Chapel Parcel, including all agreements
and/or easements set forth as title exceptions in Schedule B of Preshrock's
title policy, which Preshrock shall supply within ten (10) days of the
execution of this Letter Agreement.
2. Purchase Price. The consideration to be paid for the
Hiddenbrooke Property shall total approximately $2.5 million, including, the
approximately 2-acre portion of the Hiddenbrooke Property in which the chapel is
located (the “Chapel Parcel”), subject to the Parties’ final appraisal amounts,
including any change in valuation arising from a review of the aforementioned
title exceptions. Valuation of the
Hiddenbrooke Property shall be calculated as of the date hereof. Preshrock and/or Miller shall be solely
responsible for all taxes and other carrying costs regarding the Hiddenbrooke
Property up to and including the date of acquisition. At the closing, typical
adjustments to the purchase price shall apply.
3. Chapel Parcel. During the term of this Letter Agreement, or
until such date as the City acquires and closes on the Hiddenbrooke Property
and Chapel Parcel, Preshrock may not, without the express written permission of
the City, (i) transfer or convey the Chapel Parcel to any third party, including
Miller, (ii) take any actions, directly or indirectly, seeking to subdivide the
Chapel Parcel from the Hiddenbrooke Property, (iii) physically alter the
exterior of the chapel building, (iv) disturb or improve the Chapel Parcel, (v)
build or construct an access road to the
Chapel Parcel, and/or (vi) dispose of any crucifix or religious statues or
displays or pews on the Chapel Parcel or in or on the chapel building. During the term of the Letter Agreement, or
until such time as the City acquires and closes on the Hiddenbrooke Property
and Chapel Parcel, Preshrock may grant Jonathan Miller a license to allow him
to occupy the chapel solely for his residential purposes. Such license agreement, however, shall
contain the following express limitations and conditions: (i) Miller may not, without the express
written permission of the City (a) transfer or convey any interest in the
Chapel Parcel to a third party, (b) take any actions seeking to subdivide the
Chapel Parcel from the Hiddenbrooke Property, (c) physically alter the exterior
of the chapel building, (d) disturb or improve the Chapel Parcel, (e) build or
construct an access road to the Chapel Parcel, and (f) dispose of any crucifix
or religious statues or displays or pews on the Chapel Parcel or in or on the
chapel building; (ii) Miller’s use and occupancy shall conform with all
building codes, rules and regulations of the City of Beacon, County of Dutchess
and State of New York; (iii) Miller may make only such minor improvements
and/or repairs to the chapel building as necessary to ensure habitability, provided,
however, that before undertaking such improvements and/or repairs, Miller shall
obtain the City’s permission, which shall not be unreasonably withheld if the
City determines that said improvements and/or repairs are intended for the
purpose of making the chapel habitable for residential use; and (iv) at all
times during his use and possession of the Chapel parcel, Miller shall maintain
adequate liability and property insurance.
Notwithstanding any such license agreement, upon Closing, Preshrock shall
deliver to the City the Hiddenbrooke Property and Chapel Parcel free and clear
of all occupancy, encumbrances, and tenancies.
Preshrock shall provide the City with written copies of all agreements,
which may affect the Hiddenbrooke Property and/or Chapel Parcel or any interest
therein, including, but not limited to any license or other agreements with
Miller as set forth herein. Nothing
herein shall prohibit the City from seeking to have the chapel building listed
on the federal and/or State register of historic buildings.
Enforcement of
these restrictions is intended to protect and preserve the integrity and
character of the chapel building, Chapel Parcel and its religious contents,
which are of vital importance to the City.
Preshrock shall be solely responsible for ensuring Miller’s strict
compliance with the above restrictions. Preshrock shall undertake all commercially
reasonable efforts to cancel its purported contract with Miller. In the event cancellation is not possible,
Preshrock shall negotiate to modify said contract in order to eliminate and/or
change any terms thereof, which would materially conflict or interfere with the
enforcement of the above limitations and conditions. If the City, following its inspection of the
Hiddenbrooke Property and/or Chapel Parcel, notifies Preshrock of a violation
of the above restrictions by Miller, Preshrock shall immediately notify Miller
of same, demand compliance with said restrictions and notify the City in
writing of whether and how said violation was cured. Failure to perform such responsibilities
shall be deemed a material default under this Agreement.
4 Inspection. At all reasonable times during the term of
this Agreement, the City and/or its representatives or agents shall have the
right to access the Hiddenbrooke Property, Chapel Parcel and chapel building
for any reasonable purpose, including, but not limited to, inspection of such
premises to ensure compliance herein, taking inventory and/or photographing of
the property, structures or personal property therein, valuation purposes, and
showing to potential funding sources.
The City agrees to give Preshrock 24-hours advance notice in the event
that it needs access to the chapel building.
Such notice shall be automatically effective in the event the City does
not receive a written negative response from Preshrock.
5.
Standstill Period. In order to allow time to implement the
terms of this Letter Agreement, Preshrock agrees to adjourn and/or stay the
prosecution or processing of any and all application(s) currently pending
before the City Planning Board or any other administrative or governmental
entity, and not take any other actions whatsoever, regarding the development of
the Hiddenbrooke Property, during the term of this Agreement (the “Standstill
Period”). Preshrock shall provide the
City with written proof of its request to the City of Beacon Planning Board and
any other relevant governmental entity of such adjournment(s). In exchange, during the term of the
Standstill Period, the City Council agrees to adjourn its vote on the proposed
zoning amendments affecting the Hiddenbrooke Property, which is presently
scheduled for December 19, 2005. The
Standstill Period shall commence upon execution of this Letter Agreement.
6.
Without Prejudice.
This :Letter Agreement is without
prejudice to each Party’s respective rights and/or future actions, including,
among other things, the potential rezoning of the Hiddenbrooke Property, any
challenge to same, and/or the prosecution of any land use applications
following the expiration of the Standstill Period or termination of this Letter
Agreement. The Parties freely agree to
implement the Standstill Period, and recognize that it is in their respective self-interest. In the event that this Letter Agreement
terminates, and the City does not acquire the Hiddenbrooke Property, but
instead rezones it as presently proposed, neither this Letter Agreement nor the
Standstill Period shall be used in any challenge to said rezoning, or used to
challenge or impugn the intent and/or motives of the City or to argue that the
City somehow acted in bad faith in enacting said rezoning or this Letter
Agreement.
7.
Termination.
This Letter Agreement shall terminate upon the earlier of (i) the end of
the Standstill Period, (ii) an uncured default hereunder, (iii) the City’s
determination, in its sole reasonable discretion, that it shall be unable to
secure the necessary funding to acquire the Hiddenbrooke Property within the
designated time period, or (iv) the City’s determination, in its sole
reasonable discretion, that the title exceptions would so encumber the
Hiddenbrooke Property and/or Chapel Parcel as to defeat the public purpose of
the acquisition as provided herein.. In the event that the City so determines,
it shall notify Preshrock of same in writing at the earliest possible
date. A party shall not be deemed to be
in default of this Letter Agreement unless and until it receives written notice
of the alleged default by the party claiming the default. The defaulting party shall have ten (10) days
to cure said default. If the default is
not reasonably capable of being cured within the ten (10) day period, the
defaulting party shall commence action to cure within that period and act
expeditiously in continuance of such action until the cure is effected.
8.
Notice.
Any notices to be given hereunder shall be made by overnight delivery
services, fax, or by personal delivery to the Parties and their addresses set
forth below:
City of Beacon Zarin
& Steinmetz
One Municipal Plaza,
Suite 1 81 Main
Street, Suite 415
Beacon, NY 12508-2530 White Plains,
New York 10601
Telephone: (845) 471-3330 Telephone: (914) 682-7800
Fax: (845) 471-3907 Fax: (914) 683-5490
Attn: Joseph Braun, City Administrator Attn: Michael D. Zarin, Esq.
Preshrock Corporation Shamberg
Marwell Davis & Hollis, P.C.
2144 Albany Post Road 55
Smith Avenue
Montrose, New York
19548-1022 Mount Kisco,
NY 10549
Telephone: (914) 737-5840 Telephone: (914) 666-5600
Fax: (914) 315-5048 Fax: (914) 666-6267
Attn: Pamela Kalkstein, President Attn: Robert F. Davis, Esq.
This Letter Agreement
may not be modified, altered, or amended except by separate written instrument
executed by the City and Preshrock. The
Letter Agreement may be executed in two or more counterparts, each of which
shall for all purposes be deemed to constitute an original, but all of which,
when take together, shall constitute but one instrument.
In entering into
this Letter Agreement, each party is relying on representation by each person
signing below that he or she has authority to enter into this letter Agreement
on behalf of the party for which the person is signing. By their execution below, such persons
confirm such authority.
If the terms and
conditions herein correctly set forth our mutual understanding, please indicate
your consent to same by executing a copy of this letter in the space set forth below.
Very
truly yours,
Michael
D. Zarin
Mr. Zarin indicated this would be in place of protracted and
costly litigation.
City Administrator Braun read the following resolution:
AUTHORIZE MAYOR TO SIGN AGREEMENT BETWEEN
THE CITY OF BEACON AND PRESHROCK CORPORATION
City of Beacon City Council hereby authorizes the Mayor of the City of Beacon to sign the Letter of Agreement between the City of Beacon and Preshrock Corporation in connection with the conveyance of the vacant approximately 103.3-acre parcel with frontage on both DePuyster and Mountain Avenues, commonly known as the Hiddenbrooke Property, such Property to also include the Chapel Parcel as hereinafter defined..
Motion to adopt
the resolution: Council Member Way. Second:
Council Member Thompson.
Council Member
Kyriacou expressed his views that funding partners should contribute 25% or
less; the Master [Comprehensive] Plan should specify that the community wants
to preserve open space on parcels “x,” “y,” and “z;” and the City should then
pursue the preservation of those specified parcels. Mr. Zarin explained that the City is not
required to spend the $1 million; it can be used as leverage to raise other
funding. The more we can lower our
contribution, the more we can support the preservation of other pieces. Council Member Thompson asked if this is an
appropriate time for Friends of Hiddenbrooke to give a presentation since they
are looking for funding. The City
Attorney indicated that should come later.
Council Member Kyriacou said he is not fond of spending to raise taxes;
he votes for things that have permanence.
He estimated that the bond would cost about $75,000 a year for 20 years
and represent 1.2% – 1.4% of the tax base.
On roll call, all voted in favor except Council Member Fasano who
voted “no.” Council Member Fasano said
he felt the people should be able to vote on spending $1 million. Motion carried.
[In anticipation that the Letter Agreement would be executed and given Item
5 Standstill Period in the Letter Agreement, the Council did not pursue a vote
on the proposed zoning amendments affecting the Hiddenbrooke Property.]
Local Laws
and Ordinances:
1. Resolution No. 170 of
2005 adopting Local Law No. 16 of 2005:
Local Law amending §211-14 Adding §211-14.2 entitled “Parking at the
Municipal Center.” Second
Reading. The City Administrator read
the proposed local law.
BE
IT ENACTED by the City Council of the City of Beacon as follows:
SECTION
1. TITLE
This
local law shall be entitled “A Local Law entitled §211-14.2 Parking at the
Municipal Center.”
SECTION
2. PURPOSE
AND INTENT
This
local law is intended to codify parking at the Municipal Center.
SECTION
3. AMENDMENT
The
new subsection shall read as follows:
Sec. 211-14.2. Parking
at the Municipal Center.
A. The
following rules are hereby enacted to apply at the Municipal Center:
1. Parking
shall be allowed in designated spaces only and is limited to four hours except
for employees of the City of Beacon.
2. The
space marked “Judge Only – Tow Away Zone” is hereby reserved for the City Judge
or Acting City Judge or Assistant City Judge.
Anyone else who parks there shall be towed at the vehicle owner’s
expense. The towing expenses shall be in
addition to the penalties contained in §211-20.
3. The
space marked “Mayor Only” is hereby reserved for the Mayor. Anyone else who parks there shall be towed at
the vehicle owner’s expense. The towing
expenses shall be in addition to the penalties contained in §211-20.
4. The
spaces marked “Two hour parking” shall be enforced so that any vehicle parked
in said space for more than two (2) hours shall be subject to the penalties in
§211-20.
SECTION
4. EFFECTIVE
DATE
This
local law shall take effect immediately upon its filing with the Secretary of
State.
Motion to adopt the proposed local law: Council Member Fasano. Second:
Council Member Leake. Council
Member Kyriacou opposed reserving a parking space for any one individual but
otherwise supported the local law. The
City Administrator said there are only a few spaces with a two-hour limit. On roll call, all voted in favor. Motion carried.
1.
Resolution
No. 171 of 2005 adopting Local Law No. 17 of 2005: Local Law Adding §135-21G to §135-21 Toilet
Rooms and Bathrooms. Second
Reading. The City Administrator
read the proposed local law.
BE
IT ENACTED by the City Council of the City of Beacon as follows:
SECTION
1. TITLE
This
local law shall be entitled, “Local Law Adding §135-21G
to § 135-21 Toilet Rooms and Bathrooms.”
SECTION
2. PURPOSE
AND INTENT
This
local law is intended to require toilet facilities to be maintained on all
construction projects.
SECTION
3. AMENDMENT
The
new section shall read:
§135-21G. Toilet Rooms and Bathrooms
Toilet
facilities shall be provided during construction, remodeling, or alterations.
Toilet facilities may be either permanent or portable. Such a facility shall be
maintained in a sanitary condition. Construction worker toilet facilities of
the non sewer type shall conform with ANSI Z 4.3.
SECTION 4. EFFECTIVE DATE
This
local law shall take effect immediately upon its filing with the Secretary of
State.
Motion to adopt the proposed local
law: Council Member Fasano. Second:
Council Member Way. On roll call,
all voted in favor. Motion carried.
NEW BUSINESS:
Resolutions:
1. Resolution No. 172 of 2005: Resolution Amending 2006 Budget as of
December 19, 2005. [This
resolution replaces Resolution No. 157 of 2005.] The City Administrator explained this
represents a 5.65% increase as opposed to the original 9.25% increase. Of that, 4% is due to rises in retirement,
fuel, and garbage costs. The City
Administrator read the resolution of amendments.
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 Chief’s Stipend $7,390.00
Human Relations Commission
6,250.00
Mayor Clerical Salaries 3,874.00
Fire Bunker Gear 10,000.00
Fire Repair 5,000.00
SUBTOTAL $32,514.00
Traffic Unit
6,000.00 *
Police Firearms 4,000.00 *
*No impact on tax rate funded by fund balance
TOTAL
EXPENSE REDUCTIONS $42,514.00
**Skate
Park**-already removed prior $13,000.00
Revenue Increases:
Real Property Tax – already in calculations $65,000.00 (See note below)
Mortgage Tax 60,000.00
Sales Tax
41,060.00
TOTAL
REVENUE INCREASES $101,060.00
Revenue Decreases:
Real Property Tax
$65,000.00 (No effect on tax rate)
This amount was listed as a revenue increase
on the December 5, 2005 resolutions.
However, this source of revenue was already
included in the
calculations prior to this
meeting.
Net Change $143,574.00 </