Minutes
City of
REGULAR MEETING
The regular
meeting of the Beacon City Council held at the
Council Members Present: Deanna Leake, Eleanor Thompson, Lee Kyriacou, Fred
Antalek and Mike Fasano.
Excused:
Also Present
were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Media
represented by: Goldee
Greene, Beacon Free Press
Residents at
beginning of meeting: 20
Public Hearings:
1. Proposed Local Law to Amend Chapter 45 – Membership - Planning Board and Zoning Board of Appeals. Read by City Administrator, Joseph Braun.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold
a public hearing on Monday, October 17, 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 45 of the Beacon City Code which would add the Zoning Board of Appeals
to Article I of Chapter 45 so that all of the provisions of 45-1 through 45-7
shall apply equally to the Planning Board and the Zoning Board of Appeals.
This local law would take effect immediately upon filing with the
Secretary of State. Complete copies of
the proposed local law are available at the
All interested persons and
citizens shall have an opportunity to be heard on said proposals at the date,
time and place aforesaid.
Public
Comments:
Dennis Pavelock,
Mayor Clara Lou Gould: The purpose of this has to do with the number
of meetings that are attended or missed.
No
further comments.
Motion to close hearing: Council Member Fasano. Seconded:
Council Member Antalek. All in favor. Motion carried.
2. Proposed Local Law to Amend §131-3 Municipal Services; Collection Regulations. Read by City Attorney, Gerard Pisanelli.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold
a public hearing on Monday, October 17, 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
§131-3 Municipal Services; Collection Regulations of the Beacon City Code which
would bring the Code into compliance with the Burnable Waste Contract between
the City and Royal Carting.
This local law would take effect immediately upon filing with the
Secretary of State. Complete copies of
the proposed local law are available at the
All interested persons and citizens shall
have an opportunity to be heard on said proposals at the date, time and place
aforesaid.
Public Comments:
City Attorney Pisanelli explained
that this law would include information about serial number and maximum weight
of no more than 160 lbs per bin.
Dennis: Pavelock,
City Administrator, Joseph Braun: It is important to comment that the bags are
unsanitary plus vermin and dogs can get into the bag and the trash will end up
all over the street. We want to prevent
this from happening.
No further comments.
Motion to close hearing:
Council Member Fasano.
Seconded: Council Member
Leake. All in favor. Motion carried.
3. Proposed Local Law to Amendment To
Chapter 223 §223-61 (1) In Order To Change
“Building Permit” Fees. Read by City
Administrator, Joseph Braun
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold
a public hearing on Monday, October 17, 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 223 Zoning, §223-61 A (1) of the Beacon City Code which would increase
Building Permit fees.
This local law would take effect immediately upon filing with the
Secretary of State. Complete copies of
the proposed local law are available at the
All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.
Public Comments:
Dennis Pavelock,
Answer: We
checked with four or five surrounding municipalities and our fees were raised
to be comparable to theirs.
No further comments.
Motion to close hearing: Council Member Antalek. Seconded:
Council Member Fasano. All voted in favor. Motion carried.
Community Segment: None
Mayor Clara
Lou Gould asked for a motion to approve the following Council Meeting Minutes:
Motion to
approve minutes: Council Member
Thompson. Seconded: Council Member Leake. All voted in favor. Motion carried.
Text from the following reports for
Mayor’s Communications read by Mayor
Clara Lou Gould
City Administrator, Joseph Braun
read his Report of Activities
City Attorney, Gerard Pisanelli
gives his Report of Activities – 1st Meeting of the Month
Mayor Clara Lou Gould read her Report
of Activities (Need a copy of Mayor’s Report)
Council Members gave their Reports of Activities
Public Comments: Pertaining to This Agenda Only
This resident
is here representing Peter O’Kennedy – He is my stepson and an artist. He was hoping that he would be able to start
building sooner. Does this mean that the
public hearing is set for
Mayor Clara
Lou Gould: Yes. At that point you can expect to get a
building permit. If all things are
favorable, it will go through.
Dennis
Pavelock: Re access road on Chemprene
property - Where would that road be located from the Main road?
Answer: Between route 52 through the Chemprene
property on the north bound side.
John
Johnson: Why can’t we use the empty
school buses to accommodate the seniors to go shopping or to the doctor?
No further comments
UNFINISHED BUSINESS:
Resolutions:
Local
Laws and Ordinances:
1. Resolution No. 125 of 2005 - Local Law No. 12 of 2005 - to Amend Chapter 45 – Membership - Planning Board and Zoning Board of
Appeals. Second
BE
IT ENACTED by the City Council of the City of
SECTION 1. TITLE
This local law shall be entitled
“A Local Law to amend Chapter 45 – Planning Board and Zoning Board of Appeals.”
SECTION 2. PURPOSE AND INTENT
This local law is intended to add
the Zoning Board of Appeals to Article I of Chapter 45 so that all of the
provisions of 45-1 through 45-7 shall apply equally to the Planning Board and
the Zoning Board of Appeals.
SECTION 3. AMENDMENT
Article I shall be amended to
read as follows:
ARTICLE I
Establishment of Planning
Board and Zoning Board of Appeals
§45-1. Creation.
A. There shall be a City Planning Board appointed by the Mayor
of the City, which Board shall consist of seven members and alternate members
as set forth in Article II. The
respective terms of the members first appointed shall be one, two or three
years from and after appointment. Their
successors shall be appointed for terms of three years from and after the
expiration of the term of their predecessors in office.
B. There shall be a City Zoning Board of Appeals appointed by
the Mayor of the City, which Board shall consist of seven members and alternate
members as set forth in Article II. The
respective terms of the members first appointed shall be one, two or three
years from and after appointment. Their
successors shall be appointed for terms of three years from and after the
expiration of the term of their predecessors in office.
§45-2. Vacancies.
If a vacancy shall occur in
either the Planning Board or the Zoning Board of Appeals, other than by
expiration of term, it shall be filled by appointment for the un-expired term.
§45-3. Removal of members.
Any member of the City Planning
Board and any member of the City Zoning Board of Appeals may be removed by the
appointing authority for cause and after a public hearing. In the event any member of the City Planning
Board or any member of the City Zoning Board of Appeals misses three (3)
consecutive meetings or four (4) meetings in any calendar year, such absences
shall be grounds for removal.
§45-4. Compensation.
Members of the City Planning
Board and City Zoning Board of Appeals shall receive no payment for their
services as members of their respective Boards.
§45-5. Chairman.
The Chairman of the City Planning
Board and the Chairman of the City Zoning Board of Appeals shall be designated
by the Mayor or, on failure to do so, shall be elected from and by their own
members.
§45-6. Employment of experts and staff.
The City Planning Board and the
City Zoning Board of Appeals shall have the power and authority to employ
experts and a staff and to pay for their services and such other expenses as
may be necessary, not exceeding in all the appropriation that may be made for
such Board by the City Council.
§45-7. Adoption of rules and regulations.
The City Planning Board and the
City Zoning Board of Appeals may adopt rules and regulations in respect to
procedure before it and in respect to any subject matter over which it has
jurisdiction under this article or any other statute, after public hearing by
the City Planning Board or by the City Zoning Board of Appeals and subject to
the approval of the City Council.
SECTION 4. EFFECTIVE DATE
This local law shall take effect
immediately upon its filing with the Secretary of State.
Motion to
adopt Local Law: Council Member Fasano.
Seconded: Council Member
Thompson. Six voted in favor and Council
Member Kyriacou abstained. With a vote
of six yes and one abstention, motion carried.
2. Proposed Local Law to Amend §131-3 Municipal Services; Collection
Regulations. Second
Motion to adopt Local Law: Council Member Fasano. Seconded:
Council Member Antalek.
Council Member Kyriacou: The way the law is written, it does not state
that additional containers can be obtained from the City for a fee. Also, how would you know if you are within
the 160 lbs? Also regarding the serial
number. No one knows about the serial
number, which is assigned to each container.
These should be added and clarified in this law before a vote is taken.
Council
Members Fasano and Antalek rescinded their motions to adopt.
This will be
taken up at a workshop for further discussion on
3. Resolution No. 126 of 2005 - Local Law No. 13 of 2005 - to Amendment To
Chapter 223 §223-61 (1) In Order To Change “Building
Permit” Fees. Second
BE
IT ENACTED by the City Council of the City of
SECTION 1. TITLE
This local law shall be entitled
“A Local Law to amend §223-61
“Fees” in order to change A (1) “Building Permit” fees.
SECTION 2. PURPOSE AND INTENT
Building Permit Fees shall be
amended to increase as hereto set forth:
SECTION 3. AMENDMENT
Sec. 223-61
Fees A (1) Building Permit Fees shall be amended according to the following
schedule.
|
Application Fee for
all permits unless otherwise noted |
$20.00 |
|
Certificates of Occupancy and Certificates of
Compliance
(in conjunction with a permit unless otherwise noted) |
$25.00 |
|
Refund (prior to
commencement of work) |
½ of permit fee |
Occupancy
Use classification as set forth in the
Fee based on gross square foot including
utility, storage and basement area.
Residential
|
1 & 2 Family Homes (New and Additions) (all finished areas
including basement) |
.50 / square foot. |
|||
|
Renovation / Alteration |
.25 / square foot. |
|||
|
Structural Repair (that does not constitute renovation or
alterations) |
$5 / $1,000 of Estimate Cost |
|||
|
Carport |
$50.00 |
|||
|
Garage (1 story) |
.35 / square foot |
|||
|
Garage (2 story) |
.45 / square foot |
|||
|
Pool – In Ground |
$50.00 |
|||
|
Pool – Above Ground |
$30.00 |
|||
|
Deck / Porch |
.25 square foot |
|||
|
Covered / Enclosed
Deck / Porch |
.35 square foot |
|||
|
Demolition |
$50 / $1,000 square foot or part there
of |
|||
|
Renewal – max 1 year
extension |
$35.00 |
|||
Commercial
|
All – “R” occupancy |
$50 per unit + .40 per square foot |
|||||||
|
All – B, M |
.75 per square foot up to 5,000 square
foot plus .30 square foot over 5,000 square foot |
|||||||
|
All - S. U, |
.40 per square foot up to 5,000 square
foot plus .20 square foot over 5,000 square foot |
|||||||
|
All – A, F, E, H, I |
$1.00 per square foot up to 5,000 square
foot plus .50 square foot over 5,000 square foot |
|||||||
|
Renovation /
Alteration |
One Half of “New Construction” Cost Set
Forth Herein. |
|||||||
|
Structural Repair (that does not constitute renovations
or alterations) |
$5.00 / $1,000 of Estimated Cost |
|||||||
|
Demolition |
$100.00 plus .01 per square foot |
|||||||
|
Renewal – maximum one year extension |
$100.00 plus 1% of original Building
Permit Fee |
|||||||
SECTION 4. EFFECTIVE DATE
This
local law shall take effect immediately upon its filing with the Secretary of
State.
Motion to adopt Local Law: Council Member Fasano. Seconded:
Council Member Leake. On a roll
call vote, all voted in favor. Motion
carried.
NEW BUSINESS:
1.
Authorize The Mayor To Apply For And Accept Funds For Recreation &
Culture (Code No. 06130210R015) Totaling $4,158.00 For The
Year 2006 Youth Development Delinquency Prevention (YDDP) Programs.
RESOLVED, that the Council hereby authorizes the Mayor to
make application of the New York State Office of Children and Family Services
(OCFS) for approval of the Projects described in the Youth Development Delinquency
Prevention Application on file with OCFS and Dutchess County Youth Bureau. In submitting the application it is agreed
that:
1. The municipality will abide by OCFS as
to the propriety of all expenditures upon which State aid is requested;
2. This project will be operated in
compliance with the laws, rules, regulations, resolutions, and codes of the
State of
3. No youth will be denied the services or
facilities of this project because of race, creed, color, or sex; and
4. No fee will be charged for the programs supported by State
funds.
Motion to authorize Mayor to Apply for and Accept
Funds for Recreation and Culture:
Council Member Fasano.
Seconded: Council Member Leake. On a roll call vote, all voted in favor. Motion carried.
2.
Resolution No. 128 of 2005 - Authorize The Mayor To Apply For And Accept
Funds For Juvenile/Community Relations (Code No.
06130210S010) Totaling $3,701.00 For The Year 2006 Youth Development
Delinquency Prevention (YDDP) Programs.
RESOLVED,
that the Council hereby authorizes the Mayor to make application of the New
York State Office of Children and Family Services (OCFS) for approval of the
Projects described in the Youth Development Delinquency Prevention Application
on file with OCFS and Dutchess County Youth Bureau. In submitting the application it is agreed
that:
1. The municipality will abide by OCFS as
to the propriety of all expenditures upon which State aid is requested;
2. This project will be operated in compliance
with the laws, rules, regulations, resolutions, and codes of the State of
3. No youth will be denied the services or
facilities of this project because of race, creed, color, or sex; and
4. No fee will be charged for the programs supported by State
funds.
Motion to Authorize Mayor to Apply for and Accept
Funds: Council Member Fasano. Seconded:
Council Member Thompson. On a
roll call vote, all voted in favor.
Motion carried.
3.
Resolution No. 129 of 2005 - Authorize City Administrator, Joseph Braun to
order an Appraisal from Donald McGrath of the Proposed Access Road through
Chemprene Property. Read by City
Administrator, Joseph Braun.
WHEREAS, the City Council is looking to relocate the Department of Public Works
facilities, and:
WHEREAS, the Chemprene property would allow access to the new location, now
therefore, be it
RESOLVED, the City Council authorizes the City Administrator to order a preliminary analysis from Donald McGrath of the Chemprene property consisting of a twenty-five (25) foot easement along the eastern side of their property next to the Nortrax border.
Motion to authorize appraisal of proposed access
road: Council Member Fasano. Seconded:
Council Member Leake. On a roll
call vote, all voted in favor. Motion
carried.
4. Resolution No. 130 of 2005 - Special Use Permit - Accessory Apartment –
Motion
to set Public Hearing for
5.
Resolution No. 131 of 2005 - Special Use Permit - Artist Live / Work Space –
Motion
to set Public Hearing for
6.
a. Resolution No. 132 of 2005 - Accept “No
Default” letter from
Letter: sent from Mayor Clara Lou Gould on
Re: Meadow
Ridge II Senior Citizens Residence (52 Units) Located at
Ladies:
This letter shall serve to confirm that Hudson
Valley Properties & Rents, Inc. and Hudson Valley Housing Development Fund
Company Inc., owner of the property, (1) are not in default under the
Settlement agreement dated December 18, 2000, between Hudson Valley Properties
and Rentals, Inc. and Hudson Valley Housing Development Fund Company, Inc. and
the City of Beacon (“Settlement Agreement”), which Settlement Agreement affects
the above referenced Property; and (2) have continuously and fully complied
with all of the terms of the Settlement Agreement.
In addition, it is understood by the city of
It is understood that KeyBank will rely on this
letter in connection with the provision of construction and permanent
financing.
Sincerely, Clara Lou Gould, Mayor – cc: Gerard J. Pisanelli, City Attorney
Motion
to add to agenda Council Member Fasano.
Seconded: Council Member
Leake. On a roll call vote, there were
four “yes” votes and Council Member Kyriacou and Thompson voted “no”. On a vote of four “yes” and two “no”, motion
carried.
Motion
to accept “No Default” letter: Council
Member Antalek. Seconded: Council Member Fasano. All voted in favor. Motion carried.
b. Resolution
of City of Beacon Council Authorizing the Execution of a Payment in Lieu of
Taxes (Pilot) Agreement by and among the City of Beacon Meadow Ridge II Housing
Development Fund Company, Inc. and Meadow Ridge II Limited Partnership. Read by City Administrator, Joseph Braun.
Council
Members Kyriacou and Thompson refused to vote yes because they had not been
given any documentation prior to the meeting to review this agreement. Their comments: We need something in front of us. I need a copy of the letter that came in this
afternoon. This is very
complicated. There was only ten minutes
of discussion.
City
Administrator, Joseph Braun left the room at this point to make a copy of the
“No Default letter, the Mayor continued with the items following this
resolution.
Motion
on “No default” letter: Council Member
Kyriacou. Seconded: Council Member Antalek.
Council
Member Kyriacou: I just need to ask our
city attorney for the record, “As far as you can tell, is it correct that this
property owner is not in default of the agreement and has complied with all
terms of the settlement agreement.”
Attorney’s reply: Yes.
On
a roll call vote, all voted in favor.
Motion carried.
After
considering Council Members Kyriacou’s and Thompson’s, concerns, the entire
council agreed that because of the lateness of receiving documentation and
insufficient time to review this agreement, Item b. should be tabled at this
time and taken up at the October 31, 2005 Workshop for further discussion.
Motion
to table Item b: Council Member
Kyriacou. Seconded: Council Member Thompson. All voted in favor. Motion carried.
Local
Laws And Ordinances:
Ratifications:
Announcements
Conservation
Advisory Committee:
1. Resolution No. 133 of 2005 - Reappointment of
Offie Wortham: Two Year Term, Term to
Expire
Announcements:
Human Relations Commission:
Natalie
Cahill Resigned as Chairperson and Member of the Human Relations Commission as
of
Last
Dennis
Pavelock: Read an article about Asian
flu. We need to get some evacuation
route established. The meeting that I
went to was good but was too shallow. I
would like to know the status of the skate park. The web meeting has not been on channel
22. If the skate park is going to fall
through, let it fall through. I am
willing to see another recreation be put there.
I also made history today and rode on the ferry.