CITY COUNCIL PUBLIC HEARING

Minutes

City of Beacon Council Meeting

October 3, 2005

REGULAR MEETING

The regular meeting of the Beacon City Council held at the Municipal Center, One Municipal Plaza on October 3, 2005 was called to order at 7:30 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the flag.

Mayor Clara Lou Gould asked to observe a moment of silence for Ed Sablinsky who passed away.

Council Member Present: Deanna Leake, Eleanor Thompson, Sam Way, Lee Kyriacou and Michael Fasano.

Excused: Fred Antalek

Also Present: City Administrator, Joseph Braun

City Attorney, Gerard Pisanelli

Media: None

Residents at Beginning of Meeting: 25

Public Hearings:

1. Special Use Permit: Senior Housing Facility – Property Owner: St. Francis Hospital – Applicant: Beacon Community Foundation. Read by City Administrator, Joseph Braun

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing on Monday, October 3, 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 Community Foundation for a senior housing facility of 64 units to be located off Conklin Street and Delavan Avenue with main access through property owned by St. Francis Hospital.

The Beacon Planning Board reviewed the application on September 13, 2005 and recommends that the Special Use Permit be issued. However, the Planning Board also recommends that prior to issuing the Special Use Permit a traffic study of Delavan Avenue and Fishkill Avenue be done due to the traffic generated by this and other projects in the area to determine if a traffic control device is warranted. The applicant must also revisit the issue of the parking area and return to the Planning Board for final site plan review.

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 - 8:30am to 4:00pm)

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

Public Comments:

Attorney Daniel F. Leary, Law Offices Cuddy and Feder LLP - We are here with our engineer in support of the Special Use Permit Application for a proposed senior housing facility. We are proposing a 64 Unit facility with 80 Parking Spaces (16 of which will be handicap) on an 8.5-Acre vacant parcel of real property to the northeast of the existing St. Francis Hospital in Beacon. We are proposing an access drive and an emergency exit as well. The engineer presented a description of the project with poster size pictures. He stated that they complied with all the city requirements in June of 2004. He offered to answer any questions that the council or the residents may have regarding this project.

Ann Cypher, 816 Wolcott Avenue – I have a question regarding the parking. Why are there only 80 spaces for 64 tenants? Some families have two vehicles. Will any additional money be required from the city for any services or traffic studies, etc? I think this is important because everyone is already watching his or her taxes rise.

Mike Coulter, 15 DeSoto Avenue – My street is one of the proposed emergency streets. I have been a resident for 30 years. He showed pictures to present his concerns. They included Conklin Avenue which is also a part of the emergency entrance that is being proposed. Another of the picture showed wetlands. Is there an ordinance or a law that restricts the building on wetlands? Is there a buffer zone? Who will be responsible for roads? Whose responsibility is it to build the roads? There are many more questions that need to be answered. It is a definite concern that an emergency entrance is a very narrow road.

Dennis Pavelock, 34 Judson Street – I have a follow-up as to the City of Beacon receiving some kind of taxation. We have too many properties off the tax roles. Are these rents for seniors fixed or will they be raised after they move in forcing them out because they cannot afford the rent?

Craig Chisolm, 33 Conklin Street - I am not convinced that the people who will build this facility will do so the way they promise. We have been informed about this project by word of mouth. When they built the nursing home, we were promised large trees and fences so we would not have the view of the nursing home. That never happened. As for this emergency exit, we have a lot of kids in this area and it will be unsafe. I have lived here seven years. I moved here from Westchester because it was what I could afford. My taxes have increased from $3,000.00 to $6,500.00. I feel even worst for the people that were born and brought up in Beacon who will not be able to afford to live here. The problem is that it is all about money and it should be about the people.

Irmgard DiCastro, 21 Conklin St. I have lived here for 45 years. We have a beautiful community. We do not want this housing development. When the nursing home was built, they promised things but they did nothing. We got a fence that stands very low. I have been living here all my life. I see the changes and I do not like it. I have no idea how this was authorized. I was never notified that there was a meeting. If the neighbors did not tell me, I would not have known. We are happy with the way it is now and we do not want any changes.

The project’s engineer stated that all of his information is available through the Planning Board. We hired a wetland consultant. We were able to achieve the requirements of the Federal government. A report was filed with the Planning Board. The Council requested a copy of the report. They will be given a copy by next week.

A resident from the audience was concerned that the water will come down and come into their home.

Answer by engineer: He said the water would run to the south away from and not toward his property.

Dennis Pavelock, 34 Judson Street – Because the engineer said that he was sympathetic to the residents concerns, Dennis asked the representative if he lived in the area. When the rep answered in the negative, Dennis questioned how he could know their concerns if he didn’t live here.

Giovanna Schiller, 35 DeSoto Avenue – Mrs. Schiller child found a bottle and told her it was nasty. How many more nasty bottles will my children bring to me? I lived there for seventeen years. I know someday I will be old but at this time I do not want this in my neighborhood.

Barbara McCaskill – Asked what the housing would look like and was shown a picture of what the building would look like.

Attorney Daniel Leary, Cuddy & Feder LLP - Regarding the taxes - we would consider compensation in lieu of taxes if the city council were inclined to discuss this matter. We will have to pay all the district taxes. On the other taxes, we will work with the city for compensation in lieu of taxes. When asked what that compensation would be, he answered, “I cannot reach a conclusion this evening. It will have to be discussed. We do not know what the assessment will be”.

Council Member Leake: This should be tabled for workshop.

No further comments.

Motion to adjourn hearing to a future date: Council Member Fasano. Seconded: Council Member Thompson. All voted in favor. Motion carried.

2. Special Use Permit: Retail/Residential Building Renovations – 542-544 Main Street – Owner – Stacey Shurgin. Read by City Administrator, Joseph Braun

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing on Monday, October 3, 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 544 Main Street, LLC (Stacey Shurgin) for building renovations to include residential and retail spaces at 544 Main Street.

The Beacon Planning Board reviewed the application on September 13, 2005 and recommends that the Special Use Permit be issued subject to the applicant returning to the Planning Board for final site plan review.

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 ~ 8:30am to 4:00pm)

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, This is just a comment. There are no floors in the building and a sign should be put up to alert anyone to potential dangers to prevent anyone from getting hurt.

No further comments.

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

3. Special Use Permit: Artist Live/Work Space – 310 Fishkill Avenue – Applicant: Tallix Commercial Condominium, LLC. Read by City Administrator, Joseph Braun

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing on Monday, October 3, 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 Tallix Commercial Condominium, LLC for Artist Live/Work spaces on the Tallix facility at 310 Fishkill Avenue.

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 ~ 8:30am to 4:00pm)

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

Public Comments:

Council Member Thompson: I would like it cleared up as to whether one owner will own the whole building and rent out or will these be sold to each individual.

No further comments.

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

4. Special Use Permit: Bed and Breakfast Facility – 829 Wolcott Avenue – Applicant: Barbara Wallings. Read by City Administrator, Joseph Braun

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing on Monday, October 3, 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 Barbara Walling for a Bed & Breakfast facility at 829 Wolcott Avenue.

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 ~ 8:30am to 4:00pm)

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

Public Comments:

Jeff Wilkinson, R.A. Architect who represented Barbara Wallings gave a short presentation regarding this project.

Edward Allgauer - Are there any safe guards that this will not become a rooming house like the one on Teller Avenue? Answer: The law is that a person cannot stay longer than two weeks.

Ann Cypher: I have concerns because this is one of the few homes left that is more than one family. Are there any rules regarding the pool facilities? Will it be used exclusively for the guests of this bed and breakfast?

Kelly Johnston, I am really concerned that it would be a boarding house or be turned into a commercial area. What happens if it doesn’t work? Will it be turned back into a regular house? I am concerned about the safety of my children. It is hard enough for kids to go to sleep without having to put up with added noise. Will there be lighting in the parking lot that will shine in my window? These questions have to be answered.

Dennis Pavelock, 34 Judson St. My comment is how did you come up with a cost of $200.00 per night? I do favorably go along with this project. It will be an asset to the neighborhood. However, I would still like to have the concerns of the residents that are affected addressed.

Council Member Leake: I understand the concerns of the residents. We desperately need a bed and breakfast. We did have one on High Street and it worked out beautifully.

Ann Cypher – The Wallings family is living on the third floor. There are going to be eight people living in the rooms. What are the rules and will they be followed?

Council Member Kyriacou: asked two questions. 1^st Have there been any façade alterations? 2^nd Would they be willing to be in the overlay?

Kelly Johnson: I heard a council member say that there is nothing wrong with having a bed and breakfast. Where would you be staying if it were next to your house?

No further comments.

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

Community Segment: Prepared Budget 2006 given by City Administrator, Joseph Braun

2006 BUDGET BULLETS

•Tax Rate up •Spending up

•Water and Sewer Rates up

•Assessed Value up

•Sales Tax Revenue up

•Debt Service up

• Hauler Fees Increased

• Market value up • Police Training up

• 2 New Police Vehicles

•Police Radio Replacement

•Garbage Disposal up

•Energy Costs up

• Retirement Expense up

MEMO 10/3/2006 - To: City Council - From: Joe Braun,

City Administrator Large Expense Increases Retirement expenses, a new garbage contract and energy costs have resulted in a large increase in costs. Fortunately, we have saved funds to cushion this increase for the taxpayers.

Retirement costs are now 10.9 of payroll totaling almost $700,000 a year in the general fund. Three years ago the City paid almost nothing into the retirement system. The Comptroller's Office tells us we can anticipate the cost remaining at or about that level at least through 2007. This of course is dependent on the strength of the retirement fund's investments and changes in benefits, if any. For planning purposes, I have assumed it will stay at that level through 2007 and in 2008 go down to 7% of payroll which is in line with what the Comptroller suggests may happen.

The City's five-year garbage contract expired and was re-bid. The new contract is up 21.6 or $166,241, a reflection of anticipated cost increases over the five years the new contract will be in place.

We are all aware of the increases in electricity and gasoline costs. The City's energy costs are up $100,000.

One good thing from all of this is I believe that we have seen the worst of the increases and that costs will either remain stable: the new garbage contract is for five years; or go down: the Comptroller has suggested the retirement bill will go down as the retirement system stabilizes from the shock of the stock market correction.

Given this, it is, I believe, prudent to gradually increase revenues over the next three years to cover these one time large increases in expenses. The total increase to be amortized is retirement: 7% of payroll or 7% of $6,500,000 == $455,000; the increase in the garbage contract of $166,241; and the increase in energy costs of $100,000, a grand total of $721,241.

For 2006, 1/3 of that amount or $240,413 will be funded through revenue increases. The remainder paid from savings (fund balance). In 2007 another $240,413 will be paid through revenue increases with the remainder paid from savings. In 2008, the remaining balance will be paid through revenue increases. Revenues will then match expenditures.

If the revenue increase comes from real property tax increases, which is likely, it will add 4% to the real property tax bill for those years. It could be done over four years with a 3% addition each year.

A copy of the slides used by City Administrator, Joseph Braun in his presentation of the proposed 2006 Budget broken down in detail can be obtained at the City Hall.

Mayor Clara Lou Gould asked for a motion for Approval of the following Council Meeting Minutes:

September 19, 2005

Motion by Council Member Fasano. Seconded: Council Member Thompson. All voted in favor. Motion carried.

(Special) Council Meeting - September 26, 2005

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

Reports: Text for the following reports for October 3, 2005 is at the end of these minutes:

Mayor’s Communications Read by Mayor Clara Lou Gould

City Administrator, Joseph Braun read his Report of Activities

City Attorney, Gerard Braun read his Report of Activities – 1^st Meeting of the Month

Mayor Clara Lou Gould read her Report of Activities

John Foreman District 18 Legislator, County Legislator –

Council Members gave their Reports of Activities

Public Comments: Pertaining to This Agenda Only

Larry Kalkstein– Regarding Hiddenbrooke – The public is not getting the complete and accurate information about this project. Cluster zoning will not affect wetlands. The last thing we want is to build and have lawsuits. We will build so we do not have lawsuits. If we do it right from the beginning, there will be no problems. We don’t want to cut down trees.

Dennis Pavelock – Re New Business, I would like you to define No.5 and No. 7 for me if you can. What is the proximity for sex offenders? Were residents notified regarding the stop signs? Hopefully you can get an adjournment and get the people notified who have not yet been notified.

Fritz Ohlhoff: Is the four way stop being put there because the light is not working? There were two accidents in the last two months. Is one going to be put at Cross-and Oak?

Tom Baldino, 19 North Street – I was at the workshop last week. A four way stop was decided on at Willow and Verplanck. The light is not working. It is a very old model and would cost $74,000.00 to repair. They thought they would try this stop sign out for 6 months to see if it works.

UNFINISHED BUSINESS: None

Resolutions:

Local Laws and Ordinances:

NEW BUSINESS:

Resolutions:

Mayor Clara Lou Gould: Note: We will go to Item No. 6 and make it Item No. 1 because the gentleman representing the Hiddenbrooke Property has been waiting here since the beginning of this lengthy meeting

1. Resolution No. 114 of 2005 - Amending the City’s Comprehensive Plan and Three Proposed Local Laws Amending the City’s Zoning Map with Respect to the Hiddenbrooke (Formerly Ursuline) Property and Declare City Council as Lead Agency. Set Public Hearing for Monday, November 7, 2005. First Reading: Read by City Administrator, Joseph Braun.

Motion to set Public Hearing for November 7, 2005: Council Member Way. Seconded: Council Member Thompson. All voted in favor. Motion carried.

2. Re: Special Use Permit: Senior Housing Facility – Property Owner: St. Francis Hospital – Applicant: Beacon Community Foundation. Read by City Administrator, Joseph Braun.

Motion to Table to a future date: Council Member Fasano. Seconded: Council Member Thompson. All voted in favor. Motion carried.

3. Resolution No. 115 of 2005 - Approve Special Use Permit: Retail/Residential Building Renovations – 542-544 Main Street – Owner – Stacey Shurgin.

WHEREAS, 544 Main Street, LLC has applied for a Special Use Permit from the City Council requesting approval for Retail/Residential Building Renovations; 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 Building Renovations 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 544 Main Street, LLC 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 Building Renovations 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 544 Main Street, LLC 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 544 Main Street, LLC 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.

Motion to waive reading: Council Member Fasano. Seconded: Council Member Way. All voted in favor. Motion carried.

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

Resolution No. 116 of 2005 - Approve Special Use Permit: Artist Live/Work Space – 310 Fishkill Avenue – Applicant: Tallix Commercial Condominium, LLC.

WHEREAS, Tallix Commercial Condominium, LLC has applied for a Special Use Permit from the City Council requesting approval for an Artist Live/Work Space; and

WHEREAS, the Planning Board has recommended the City Council issue said permit subject to final site plan approval by the Planning Board; and

3. The operations in connection with the proposed Artist Live/Work Space 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 Tallix Commercial Condominium, LLC 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 Artist Live/Work Space 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 Tallix Commercial Condominium, LLC for a Special Use Permit, and be it further

RESOLVED, that a Special Use Permit be hereby issued to Tallix Commercial Condominium, LLC 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.

Motion to waive reading: Council Member Way. Seconded: Council Member Thompson. All voted in favor. Motion carried.

Motion to approve Special Use Permit for Artist Live/Work Space: Council Member Thompson. Seconded: Council Member Leake. On a roll call vote, all voted in favor. Motion carried.

5. Resolution No. 117 of 2005 - Approve Special Use Permit: Bed & Breakfast Facility – 829 Wolcott Avenue – Applicant: Barbara Wallings. Read by City Administrator, Joseph Braun

WHEREAS, Barbara Walling has applied for a Special Use Permit from the City Council requesting approval for a Bed & Breakfast Facility; and

WHEREAS, the Planning Board has recommended the City Council issue said permit subject to final site plan approval by the Planning Board; and

3. The operations in connection with the proposed Bed & Breakfast Facility are not more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics, than would be the operation of any permitted use not requiring a special use permit; and

4. Parking areas are of adequate size for the particular use, are properly located and the driveways are laid out to achieve maximum safety; and

WHEREAS, the City Council has determined that the application submitted by Barbara Walling 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 Bed & Breakfast Facility and since the Council has the capability to provide a thorough Environmental Assessment of the proposed action, now, therefore, be it

RESOLVED, that the City Council hereby declares itself lead agency under SEQRA relative to the application by Barbara Walling for a Special Use Permit, and be it further

RESOLVED, that a Special Use Permit be hereby issued to Barbara Walling 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.

Motion to waive reading: Council Member Way. Seconded: Council Member Fasano. All voted in favor. Motion carried.

Motion to approve Special Use Permit: Council Member Way. Seconded: Council Member Thompson.

On a roll call vote, there were five “yes” votes and Council Member Fasano voted “no” because he was convinced that the neighbors had not been sufficiently informed. With a vote of five yes votes and one no vote, motion to approve carried

Comment from Mayor Gould: It is the function of the Planning Board to notify surrounding residents prior to the request being placed on the Council Agenda.

6. Request to Amend The New York State’s Sex Offender Registration Act To Prohibit Level 2 And Level 3 Sex Offenders From Living Within Close Proximity To Schools, Playgrounds, Parks, Youth Centers, Registered Day Care Centers, Etc. Read by City Administrator, Joseph Braun.

Motion to Amend the NYS Sex Offender Registration Act: Council Member Fasano. Seconded: Council Member Leake.

Council Member Kyriacou asked that the City Attorney, Gerard Pisanelli obtain the definition of Level 2 and Level 3 before it is voted on

Motion to table until after October 26, 2005: Council Member Kyriacou. Seconded: Council Member Thompson. There were five “yes” votes and Council Member Fasano and Mayor Clara Lou Gould voted “no” because this was already discussed at a workshop. With a vote of four “yes and two “no”, the motion to table was carried.

Note: Agenda Item No. 6 - This resolution was moved to Resolution No. 1 on Page 8 of these minutes:

6. Resolution No. 118 of 2005 – to Establish a Four (4) Way Stop at the Intersection of Verplanck Avenue and Willow Street.

WHEREAS, the traffic signal at the intersection of Verplanck Avenue and Willow Street needs to be replaced, and

WHEREAS, it is necessary to create a Four (4) Way stop at said intersection, now therefore be it

RESOLVED, that §211-10 Stop intersections is amended to add as a temporary measure for six months the following:

Direction

Stop Sign on of Travel At Intersection of

Verplanck Avenue Both Willow Street

Willow Street