Minutes

Beacon City Council Meeting

September 19, 2005

 

REGULAR MEETING

 

The regular meeting of the Beacon City Council held at the Municipal Center, One Municipal Plaza on September 19, 2005 was called to order at 7:30 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.

 

Council Members Present:                   Eleanor Thompson, Sam Way, Lee Kyriacou, Fred Antalek and Michael Fasano.

 

Excused:                                              Deanna Leake

 

Also present:                                        City Attorney, Gerard Pisanelli

 

Excused                                               City Administrator, Joseph Braun

 

Media:                                                 Goldee Greene, Beacon Free Press

 

Residents at beginning of meeting:      30

                                                           

Public Hearings:

 

1.  Proposed Local Law Amending Chapter 223, Zoning, of the City of Beacon Code with Respect to Artist Live/Work Spaces.  Adjourned at the July 18th and August 1st Meeting.  Read by City Attorney, Gerard Pisanelli

 

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 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.

 

Public Comments:

 

Dennis Pavelock, 34 Judson Street - I would like to ask whether the corrections that have been made in this law will hurt the artists or obstruct their work in any way.

 

City Attorney Gerard Pisanelli:  I do not believe it does.  It just clarifies the procedures, which will be the same as accessory apartments, and they will be subject to inspections every two years.

 

No further comments.

 

Motion to close hearing:  Council Member Fasano.  Seconded:  Council Member Way.  All voted in favor.  Motion carried.

 

2.  Community Development Block Grant Program for the 2006 Program Year.  Read by City Attorney, Gerard Pisanelli.

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing at the Municipal Center, One Municipal Plaza, Beacon, New York on Monday, September 19, 2005 at 7:30 p.m., or as soon thereafter as the matter is reached on the agenda, to review, approve or modify the recommendations of the Community Development Advisory Committee for the 2006 Community Development Block Grant Program, participation in which the City Council has authorized.

 

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

 

Public Comments:

 

Dennis Pavelock, 34 Judson Street – I would like to know if all of this money is going to go to infrastructure or do we have a plan to split it up in city departments equally.  What is the time frame?

 

Mayor Clara Lou Gould:  There are certain rules and regulations that have to be followed for this grant.  If we get a request for “not for profit”, that would be considered.  The time frame will be as soon as possible after all rules and regulations are followed.

 

No further comments.

 

Motion to close hearing:  Council Member Antalek.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

Community Segment:            Disaster Preparedness Presentation – FEMA Representative - Michael Davis, Chairman Logistics Manager, NY 

 

Mr. Davis gave a description of what his job is as well as his emergency experience.   He also gave the names of those people that are on his committee.  They comprise of the Chief of Police and the Chief of the Fire Department who are experienced in emergency services, as well as the Captain of the Ambulance Corps, the Building Inspector and others who will be available to help in the event of a disaster emergency.  Mr. Davis answered the resident’s questions and also passed out his business card and invited residents to call him if they have further questions or need more information. Mr. Davis can be contacted at the following:

 

FEMA

Michael Fl Davis – Logistics Manager, NY-TPI

28 Van Buren Street, Beacon, New York 12508

Home Phone:  845-440-3236 – Phone Work:  718-430-0233

E-Mail mfdavis@optonline.net

 

Mayor asked for a motion to approve the following Council Meeting Minutes:

 

                                                August 15, 2005

                                                September 6, 2005

 

Motion to approve minutes:  Council Member Fasano.  Seconded:  Council Member Thompson:  All voted in favor.  Motion carried.

 

Reports: Text from the reports for September 19, 2005 is at the end of these minutes.                     

 

Mayors Communications – None

City Administrator, Joseph Braun - Excused

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

Mayor Clara Lou Gould’s read her Report of Activities

Council Reports of Activities gave their report of Activities

 

Public Comments:  Pertaining to This Agenda Only

 

Gwen Crenshaw, 190 Main Street.  I want to thank Council Member Kyriacou for his comments regarding disaster preparedness.  We need to know whatever FEMA Representative Davis knows.  They need to get the word out by any means possible – newspaper, word of mouth, on the radio, etc.  Also, I was depressed by my taxes, which I received the other day.  What can we do about this?  How can taxes jump so high?  If there is anything that the council can do, I would appreciate it.

 

Tom Baldino, 19 North Street – I would like to say something.  Going back in history, the council has always been receptive to my comments and treated me with respect.  Somehow, tonight I got snookered into having a debate with our guest, Mr. Davis.  Tonight, somehow I was put in a position to defend my position on Indian Point.  Representatives from Indian Point were here.  They were allowed to have their say but I was not.  There are two sides of an issue and tonight I was not allowed to express my issues but they were allowed to say their side.  I do not think I was given a chance on a level playing field.

 

Note:  During the Community Segment with Guest Speaker FEMA Representative, Michael F. Davis, the Mayor interrupted Mr. Tom Baldino’s very lengthy dialogue with Mr. Davis first from the public microphone then from his seat.

 

Her statement is as follows:

 

This is not intended to be a discussion on Indian Point. There are other people with questions to ask, and we need to listen to them.  If you have other questions when they've had their opportunity, you may ask them then.

 

Dennis Pavelock, 34 Judson Street – At a recent Planning Board Meeting the applicant from St. Francis was requesting a special use permit for 64 units of senior housing.  A question was raised regarding his not for profit status.  I feel that if they are not paying taxes, they should not get a special use permit.

 

Barbara McCaskill, 242 Rombout Avenue:  I am a member of Concerned Citizens Coalition of Beacon.  Regarding Disaster Preparedness, Mr. Davis’s talk was very interesting.  I also want to talk about the school taxes.  What do we do when there is such a huge increase?  That is why I am here tonight.  Who do we see about this?

 

Fritz Ohlhoff – Regarding the disaster issue. Are there any lists of the kinds of disasters that can happen?  Are there any plans on paper?

 

John Johnson:  The young people need a place to go.   Is there a vacant building somewhere that we can use?  I would like to see “no parking” in front of the Post Office.  It is a safety hazard.  We need to have Dial A Ride to go shopping and to the doctor.  I would appreciate what you can do.

 

Gina Thomaselli – What will it take to stop the loitering on Main Street?  There is gambling and shooting dice on Main Street.  All municipalities around us take care of these problems.  Why don’t they do something in Beacon?  We have to suffer as a result of this.  I am told that the police can’t do anything because they are open for a lawsuit for profiling.  Is this true?  On the other hand, I observed a police officer clearly move them along.  What is it?  Can they do it or can’t they?  It is getting worse.   Do you pick and chose?  Or is it up to the officer?  Something has to be done.

 

No further comments.

 

UNFINISHED BUSINESS:

 

Resolutions:

 

Local Laws and Ordinances:

 

1.  Resolution No. 105 of 2005 - Proposed Local Law No. 11 of 2005 - Amending Chapter 223, Zoning, of the City of Beacon Code with Respect to Artist Live/Work Spaces.  Tabled on July 18, 2005 and August 1, 2005.  Read by City Attorney, Gerard Pisanelli.

 

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 Amending Chapter 223, Zoning, of the City of Beacon Code with Respect to Artist Live/Work Spaces."

 

SECTION 2.   INTENT AND PURPOSE

 

The intent and purpose of this Local Law is to amend the City’s Zoning Law with respect to artist live/work spaces so as to make the renewal inspection procedure the same as for accessory apartments.

 

SECTION 3.   ZONING AMENDMENTS

 

1.         Section 223-24.3.B shall be deleted.

                                    

             2.        A new Section 223-24.3.A(17) shall be added and shall read as follows:

 

(17)      Renewal inspections. Each artist live/work space shall be inspected by the Building Department every two years in order to determine whether the artist live/work space remains in compliance with this section. Upon a satisfactory inspection report, the artist/live workspace owner shall be reissued a certificate of occupancy.  If the Building Inspector determines that the artist live/work space is not in compliance, the building owner or manager shall have 60 days in which to rectify all non-complying elements and shall apply for re-inspection with the Building Department, subject to an additional fee.  If all such non-complying elements are not rectified within the above-specified time frame, the certificate of occupancy for the use shall expire and the use as authorized by the Special Permit shall be terminated.

 

SECTION 4.   EFFECTIVE DATE

 

This local law shall take effect immediately upon its filing with the Secretary of State.

 

Motion to adopt this local law:  Council Member Fasano.  Seconded:  Council Member Way.  There were five “yes” votes and Council Member Thompson voted “no”.  On a vote of five “yes” votes and one “no” vote, motion carried.

 

NEW BUSINESS:

 

Resolutions:

  

1.  Resolution No. 106 of 2005 - Authorizing the submission of the Fiscal year 2006 Dutchess County Community Development Block Grant Applications.  Read by City Attorney, Gerard Pisanelli  

WHEREAS, the City of Beacon is participating in the Dutchess County Community Development Consortium for Fiscal Year 2006, and

WHEREAS, input from citizens and groups has been received and considered, and

WHEREAS, the City of Beacon is to apply for the majority of the 2006 Community Development Block Grant funds to be allocated to income eligible area infrastructure improvements. Also, the City would consider sponsoring a non-profit agency application should one be brought before the City Council.

NOW, THEREFORE BE IT RESOLVED, that the Dutchess County Community Development Consortium Fiscal Year 2006 application for the City of Beacon including the certifications included therein by and hereby is approved.

BE IT FURTHER RESOLVED, that the submission of said application to the Dutchess County Department of Planning and Development he and hereby is authorized.

 

Motion to authorize:  Council Member Way.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor.  Motion carried.

 

Note:  Mayor Clara Lou Gould:  This is for the submission of application only which is due

 

2.  Resolution No. 107 of 2005 - Terminate Investment Service with UBS Financial Services, Inc. and Transfer Investment Services to RBC Dain Rauscher. (Fire Department Service Award Program)

 

WHEREAS, the City Council has been advised by its consultants to the Fire Department Service Award Program to change investment managers, now therefore be it

 

RESOLVED, that the City Council hereby terminates and revokes the contract with UBS Financial Services, Inc. and hereby transfers investment services to RBC Dain Rauscher and authorizes the Mayor and City Administrator to sign a contract authorizing the opening of an account for the City of Beacon.

 

Motion to approve:  Council Member Fasano.  Seconded:  Council Member Antalek.  On a roll call vote, all voted in favor.  Motion carried.

 

3.  Resolution No. 108 of 2005 - Special Use Permit:  Senior Housing Facility – Owner: St. Francis Hospital – Applicant:  Beacon Community Foundation.  Set Public Hearing for Monday, October 3, 2005.

 

Motion to set Public Hearing for October 3, 2005:  Council Member Way.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor.  Motion carried.

 

4.  Resolution No. 109 of 2005 - Special Use Permit:  Retail/Residential Building Renovations – 542-544 Main Street – Owner – Stacey Shurgin.  Set Public Hearing for Monday, October 3, 2005.

 

Motion to set Public Hearing for October 3, 2005:  Council Member Thompson.  Seconded:  Council Member Way.  All voted in favor.  Motion carried.

 

5.  Resolution No. 110 of 005 - Special Use Permit:  Artist Live/Work Space – 310 Fishkill Avenue – Applicant:  Tallix Commercial Condominium, LLC.  Set Public Hearing for Monday, October 3, 2005.

 

Motion to set Public Hearing for October 3, 2005:  Council Member Kyriacou.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

6.  Resolution No. 111 of 2005 - Special Use Permit:  Bed & Breakfast Facility – 829 Wolcott Avenue – Applicant:  Barbara Wallings.  Set Public Hearing for Monday, October 3, 2005.

 

Motion to set Public Hearing:  Council Member Kyriacou.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

Note:  Council Member Thompson left the meeting at this point in the Council Meeting and therefore was not included in the voting from now to the end of this meeting.

 

7.  Resolution No. 112 of 2005 - Authorize signing contract with Gensler Architecture, Design and Planning Worldwide.  Read by City Attorney, Gerard Pisanelli.

 

RESOLVED, that the City Council authorizes the signing of the contract with Gensler Architecture, Design and Planning Worldwide to advance the redevelopment of the Beacon Harbor at the lump sum cost of $15,000.00 plus reimbursable expenses and authorizes the payment thereof, which amounts should be reimbursed to the City from a Department of State Grant.

 

Motion to authorize the signing of this contract:  Council Member Fasano.  Seconded:  Council Member Antalek.  All voted in favor.  Motion carried.

 

Local Laws And Ordinances:

 

Ratifications:  None

 

Appointments: - None

 

Announcements:  None

 

Last Opportunity for Public Comments:

 

The following comment from Steve Gold was presented to the City Council by Tom Baldino at the September 19, 2005 Council Meeting:

 

When is the Council going to get a report on the City’s ability to respond to the need to evacuate with a description of any evacuation plans?

 

Last January I sent a letter to the Emergency Preparedness Committee a list of scenarios that would impact Beacon in such a way as to either require an evacuation of the City or leave the City in the grips of an evacuation from a neighboring county.  My letter was received as being “well intended” but not helpful.  I did not intend to be helpful, I wanted it to be a directive; I want the City to be prepared.  Are we?  I also request a report of the status of our emergency meetings.

 

The following newspaper article was submitted by Tom Baldino on September 19, 2005 to be placed on the record:

 

Hurricane Katrina and Indian Point:  To the Editor:  The federal government’s tragic failure to protect and rescue its citizens from Hurricane Katrina and its aftermath poses a crucial question for all of Westchester and its neighbors.  In the event of an accident or a terrorist attach at Indian Point nuclear power plant, will the government fail in the same way for us?  In allowing Indian Point to remain open, public officials are committing a crime against humanity.  They have the same disaster relief plan for us as they had for the Gulf Coast – none!  Signed by Michelle Hertz, Hastings on Hudson.

 

Dennis Pavelock, 34 Judson Street – I was asked to come here this evening on behalf of the Fairview Cemetery Association in regards to the City of Beacon keeping their word regarding blacktopping the rest of the cemetery property.  The City signed an agreement that they would maintain the road.  Please blacktop this road before the plants close.  A resident brought up that the riverfront is not safe for kids.  Something needs to be done about this.

 

Barbara McCaskill:  Residents should be made aware of Spirit of Beacon Day and should find a way to notify the residents.

 

Mayor Clara Lou Gould:  Spirit of Beacon Day is not a program sponsored by the city.  We allow them to use the facilities.

 

Fritz Ohlhoff - The 253, 255 and 257 building on Main Street is becoming a hangout for kids.  The other night there were about 20 kids there and it is getting out of hand.

 

No further comments.  

 

Budget Amendments that require Council Action - September 19, 2005:

 

1.        Amend the General Fund Balance (Code: A 909) for the Fire Department consultant expense (Code: A 3410.X4520.00) in the amount of $19,500. This amount will be used to pay an architectural firm to evaluate Fire Department facilities regarding updating to current standards.

 

2.        Amend the General Fund Balance (Code: A909) for the Fire Department Service Award Program expense (Code: A 3410.X4322.00) in the amount of $9,014 to cover the expenses for 2005.

 

3.        Amend the General Fund Balance (Code: A909) for the Planning Department consultant expense (Code: A 8020.X4520.00) in the amount of $10,000. This amount is to cover legal expenses regarding re-zoning of the Hiddenbrooke property.

 

4.        Amend the General Fund Budget for the Fire Department Repair of Equipment (Code: A 3410.X4472.00) in the amount of $5,883.15 received on 8/11/05 (Code A 1325.R2680.00) from the insurance company. This check is to cover the repair of damage done to a fire truck on 6/18/05.

 

5.        Amend the General Fund Budget for the Water Department Salary expense by transferring $354 from G 8120.X1010.00 (Regular Salaries) and $300 from G 8120.X1052.00 (Sick Leave Incentive) to F 8340.X1030.00 (Temporary Positions) to cover expenses for 2005.

 

6.        Amend the General Fund Budget for the Juvenile Division by transferring $ 1000 from Printing expense (A 6123.X4460.00) to Purchase of Equipment (A 6123.X2500.00). These funds will be used to purchase 2 digital cameras for processing crime scenes.

 

Motion to approve amendments to General Fund Balance for Items 1 through 6 above:  Council Member Fasano.  Seconded:  Council Member Antalek.  On a roll call vote, all voted in favor.

 

Review of Bills: Total Disbursements as of September 19, 2005                                $293,380.44

 

Next Workshop Date:            Monday, September 26, 2005 at 7:00 pm. – Municipal Center

 

Next Council Meeting:            Monday, October 3, 2005 at 7:30 p.m. – Municipal Center

 

Executive Session: None

 

Adjournment:  Motion to adjourn meeting at 9:38 p.m.  Council Member Antalek.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

 

Text from reports of September 19, 2005

 

Mayor Clara Lou Gould’s Report of Activities

 

1.        The GSDC September held a breakfast meeting, with the program a discussion of balanced growth in our area communities. I was on the panel, along with the town Supervisors of Fishkill, Wappingers and East Fishkill, Wappinger School District Administrator Dick Powell and planner Matt Rudikoff. I received a follow up letter from a member of an engineering firm in Wappinger, saying how informative and helpful the discussion had been.

 

2.        Visited our Beacon dock to greet the people who were taking the trip over to Bannerman's Island. They were very much interested in our future harbor plans.

 

3.        Attended the annual gala of St. Luke's Cornwall Hospital, once again held at our Riverfront Park. There was a very large crowd in attendance. We did get two phone calls, one complaining that the park was closed to the public for the evening, and the other about the fireworks. They went on about 10:30, lasted about 15 minutes, and had been announced on Channel 22 to alert people. The person calling hadn't seen the notice and felt fireworks were for July 4th.

 

4.        Attended the September 11th Remembrance Service, arranged by the American Legion and held at our Patriots Park. The garden looked lovely, and there was a fairly large crowd in attendance to honor those who gave their lives on that day, as well as all our patriots through the years and those serving our country today.

 

5.        Attended the Chamber Business Break held at Dia:Beacon.

 

6.        Attended the Planning Board meeting to hear (among other things) the Long Dock presentation.

 

7.        Was the speaker at the Fishkill Rotary meeting.

 

8.        Celebrated the official opening of Beacon's Riverside Trail with a ribbon cutting attended by all the people who had worked together to make the trail a reality.

 

9.        Spoke at the St. Francis Beacon Health Fair, reminding people of the services still available at the Beacon campus, e.g. laboratory, x-ray, the Work Place, and the need to use those services with the hope that the hospital will then be able to expand to other services we would like to have locally. Many people are not aware that they are available.

 

10.      Attended the Annual POW-MIA Ceremony at Castle Point.

 

11.      Attended the dedication of our new fire apparatus.

 

12.      Attended the opening reception of John Fasulo’s “Spirit of Beacon” photography exhibit.

 

Council Member’s Reports of Activities – September 19, 2005

 

Council Member Thompson:  Good Evening!  Most recently, residents have approached me about their concerns with tax increases and short paychecks. There may not be much the Beacon City Council can do about the increase of school taxes, but there are several exemptions the City Council can recommend to taxpayers; and perhaps we should commence at looking on ways to reduce property taxes.

Everyone is aware of property exemptions for veterans and the STAR program, but many of our seniors and disabled citizens are not aware of other property exemptions that are available. Seniors 65 and older may make application for Partial Tax Exemption for Real Property of senior citizens (and for the Enhanced School Tax Relief (STAR) Exemption). The application is RP 467 and can be obtained from the Assessor's Office. I wish to thank Etha for her help in copying extra applications of this form for distribution. There is another property tax exemption available for persons with disabilities. New York State law (section 459-c of the Real Property Tax Law) gives local governments and public school districts the option of granting a reduction in the amount of property taxes paid by qualifying persons with disabilities. If this particular exemption is not available in Beacon, we need to make inquiry about it and make it available to our disable citizens. Presently, I am researching other New York State Real Property Tax exemptions. I will share my findings with the Mayor, the City Council, the Assessor, the City Administrator, and most importantly the Beacon School Board.

These exemptions will surely help our citizens who need assistance with paying school and real property taxes. We should make sure Beaconites get as much assistance as possible.

I received several phone calls from residents on South Brett and South Walnut Streets about youth loitering on Main Street at night. Two month ago. Main Street merchants expressed their concerns about the same issue. What residents seem confused about, is why aren't we enforcing the loitering law we presently have on the book. My response is I don't know why. Can anyone here respond to why we are slack on enforcing this law? If laws are not enforced, it doesn't make sense to make them. We must also be aware that at night, the Nitas (a street gang) intimidate drivers as they play fight and wrestle in the middle of the street when oncoming cars are approaching. If a driver says something to them about their behavior, the driver is threatened with menacing gestures. Something needs to be done to eliminate this behavior before someone gets hurt; most importantly, our laws need to be enforced.

Thank you.

 

Council Member Kyriacou:  The following was read into the record on September 19, 2005.

20%+ Increase in School & County Property Taxes

I just got my latest school tax bill in the mail yesterday, and like everyone else, I got socked with a 20+% school tax increase.

That whopping change didn't at all match what we were told in the newspaper. So I went to the assessor, did my own research, and found real numbers.

The percentages below are based on the Tax Rate on Assessed Value. That will match each homeowner's tax increase, unless you made a major addition. (The poor owners of new homes continue to pay far more than is fair until the ongoing revaluation is complete; that's a separate problem.)

There are four property taxes in Beacon: school (59% of my total property taxes this year); county (12% of the total) city (29% of the total); and library (2% of the total). Properties are divided into homes and businesses; there is one rate for homes, and a higher "non-homestead" rate for businesses (another separate problem).

The change in our tax bills in 2005 from 2004 are as follows: School 22%; County 20%; City 4%; Library -3% (yup, library tax went down). As you can see, the School and County increase are astronomical; the City and Library more reasonable.

Comparing 2005 to 2001, over four years our tax bills have gone up as follows: School tax up 50% (averaging 11% per year); County tax up 37% (8% per year); City tax up 17% (4% per year); Library tax up 39% (9% per year). The city rate is the only tax rate increase close to the rate of inflation.

I have yet to vote for a city property tax increase since joining the Beacon City Council in 1994. So I would have preferred the City tax rate increase to be zero; but 4% a year over the last four years is not bad compared to School, County and Library tax increases. The City Council has no impact on School, County or Library tax rates -- I wish we did.

I don't know what County and School officials were thinking when they raised property taxes by 20% and more. But if you want to know the quickest way to sew division into a community, just raise taxes at rates like that.

One more note. This morning I was awakened by a heating oil delivery. Our home, an old Victorian, has a 1,000-gallon tank, and when we were done filling it, the bill was almost $2,000 (another separate problem).

 

Mayor Clara Lou Gould’s Comment:  Thank you for making the distinction between city and school taxes.  Most people are still not aware that the city has nothing to do with the school tax.  For the past two days, people come to our window to pay their school taxes, which are not paid to the city.  You either mail them or drop them off at the M & T Bank.

 

Council Member Antalek:  We thank you for your comments.  Something has to be done about the taxes.    I want to thank the Department of Public Works for their work on Main Street.  As you know, they resurfaced it in two days.

 

Council Member Fasano:  I would like the County’s Heating Oil assistance program placed on our Website for the seniors and low-income residents.  Also, the residents on Washington Avenue still want a deer crossing sign near the cemetery.

 

 

Submitted by Lucy M. Cullinan – September 22, 2005