Minutes

City of Beacon Council Meeting

February 5, 2007

 

REGULAR MEETING

 

The regular meeting of the City of Beacon Council held at the Municipal Center, One Municipal Plaza on February 5, 2007 immediately following the Traffic Safety Committee Meeting was called to order at 7:03 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the flag.

 

Council Members Present:                               Lee Kyriacou, Elizabeth Foster, Charles Kelly, Phil Shea, Steve Gold and Eleanor Thompson.

 

Also in attendance were:                                  City Administrator, Joseph Braun

                                                                        City Attorney, Gerard Pisanelli

 

Media represented by:                                     Goldee Greene, Beacon Free Press

 

Residents at beginning of meeting:                              10

 

Public Hearings:

             

1.  Special Use Permit:  Artist Live/Work Space – 17 East Main Street – Owner:  Sharon Bronte, 17 East Main Street read by City Administrator, Joseph Braun.  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, February 5, 2007 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 for Artist Live/Work Space @ 17 East Main Street, owned by Sharon Bronte.

 

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 8:30a.m.–3:30 p.m.)

 

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

 

Public Hearing Public Comments:  None

 

Motion to close Public Hearing:  Council Member Shea.  Seconded:  Council Member Gold.  All voted in favor.  Motion carried.

 

2.  Amendment to Special Use Permit - Professional Office – 1203 North Avenue – Owner:  Karen Palumbo.  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, February 5, 2007 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 an Amendment to Special Use Permit Application for Professional Office Space @ 1203 North Avenue, owned by Karen Palumbo.

 

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 8:30a.m.–3:30 p.m.)

 

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

 

Public Hearing Public Comments:  None

 

Motion to close Public Hearing:  Council Member Shea.  Seconded:  Council Member Kelly.  All voted in favor.  Motion carried.

 

Community Segment:            Public Works:

 

Tony Tomiselli, Dept. of Public Works was the guest speaker.  He read a list of all the roads and parking lots the public works dept worked on through the year.  Brush was picked up at least once a week.  We took down trees that needed to be cut.  We cut grass where needed.  We finally got all the lights working on Main Street after a couple of years.  We picked up leaves through December.  I also have two guys out with injuries.  We got a lot of work done.  The exterior of the municipal center was painted.  The mechanic shop needs a new roof.  I would like to remove all the overgrown trees on Main Street and fix all the sidewalks.  I would like to replace the cut down trees with small trees.  People do not realize what we do.  We get a lot of work done.  Mayor Clara Lou Gould expressed her thanks and appreciation to the Mr. Tomiselli.

 

Reports: Text from the following reports for February 5, 2007 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 Pisanelli read his Report of Activities – 1st Meeting of the Month

Mayor Clara Lou Gould read her Report of Activities

Council Members read their Reports of Activities

 

Public Comments:  Pertaining to This Agenda Only:  None

 

UNFINISHED BUSINESS

 

Resolutions:

 

1.  Resolution No. 14 of 2007 - Special Use Permit:  Artist Live/Work Space – 17 East Main Street – Owner:  Sharon Bronte.  Read by City Administrator, Joseph Braun.

 

WHEREAS, Sharon Bronte has applied for a Special Use Permit from the City Council requesting approval for Artist Live/Work space in a building located at 17 East Main Street; 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 Artist/Live Work space is 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 Sharon Bronte 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 in the building located at 17 East Main Street 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 Sharon Bronte 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 Sharon Bronte with no need for final site plan review and in accordance with the conditions set forth herein.

 

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

 

2.  Resolution No. 15 of 2007 - Amendment to Special Use Permit:  Professional Office – 1203 North Avenue – Owner:  Karen Palumbo.  Read by City Administrator, Joseph Braun.

AMENDED SPECIAL USE PERMIT RESOLUTION - Karen Palumbo Professional Office - 1203 North Avenue - (Second Floor)

 

WHEREAS, Karen Palumbo has applied for an Amended Special Use Permit from the City Council requesting approval for a Professional Office on the second floor in a building located at 1203 North Avenue; 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 Professional Office is 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

Karen Palumbo for an Amended 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 Professional Office on the second floor in the building located at 1203 North Avenue 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 Karen Palumbo for an Amended 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 an Amended Special Use Permit be hereby issued to Karen Palumbo for a Professional Office on the second floor in the building located at 1203 North Avenue with no need for final site plan review and in accordance with the conditions set forth herein.

 

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

 

Local Laws and Ordinances:

 

NEW BUSINESS

 

Resolutions:

 

1.  Resolution No. 16 of 2007 - Traffic & Safety Committee Ratifications: No Parking between Signs” South Side of Tioronda Avenue from Two Tioronda Avenue to a point 125 feet west.  Read by City Administrator, Joseph Braun.

 

WHEREAS, the Traffic Safety Committee has held a public hearing in the City of Beacon on February 5, 2007 to receive public input for:

“No Parking between Signs” South Side of Tioronda Avenue from Two Tioronda Avenue to a point 125 feet west. 

NOW, THEREFORE, BE IT RESOLVED, that the determination of the Traffic Safety Committee to require the following actions be hereby ratified to:

“No Parking between Signs” South Side of Tioronda Avenue from Two Tioronda Avenue to a point 125 feet west. 

 

Motion to ratify Traffic & Safety Recommendation:  Council Member Thompson.  Seconded:  Council Member Foster.  On a roll call vote, there were six "yes" votes and Council Member Kyriacou voted "no".  With a vote of six in favor and one against, motion carried.

 

2.  Resolution No. 17 of 2007 - Authorize Mayor to sign Contract Proposal with Susan Roeller Brown for Grant Writing Services in the City of Beacon.  Read by City Administrator, Joseph Braun

 

RESOLVED, that the City Council authorizes the Mayor to sign contract proposal with Susan Roeller Brown, Grant Writer.  The services is for the period of February 1, 2007 – December 31, 2007 which will include up to 250 hours of prospect research and grant writing services during the contract period.

 

Motion to authorize Mayor to sign Proposal for Grant Writing Services:  Council Member Gold.  Seconded:  Council Member Thompson.  On a roll call vote, all voted in favor.  Motion carried.

 

3.  Resolution No. 18 of 2007 - Authorize Mayor to sign Project Amendment for the agreements listed below:  Read by City Administrator, Joseph Braun.

 

RESOLVED, that the City Council authorizes the Mayor to sign Project Amendment for:

Agreement C006502 Transportation Planning for Beacon Harbor, Downtown and Denning’s Point $100,000 – Extension Date – December 31, 2007

Agreement C006403 Harbor Management Planning and Design of Waterfront Facility Renovation - $300,000 – Extension Date – March 31, 2008

Agreement C006177 Waterfront Rediscovery Initiative – 1 - $346,000 – Extension Date – March 31, 2008

 

Motion to authorize mayor to sign Project Amendment:  Council Member Kelly.  Seconded:  Council Member Thompson.  On a roll call vote, all voted in favor.  Motion carried.

 

4.  Resolution No. 19 of 2007 - Amended Resolution Authoring The City Of Beacon To Provide Matching Funds Of $16,667 For The Byrne Grant Provided the City Is Approved For The Bryne Grant Of $50,000.00 For A Total Of $66,667.  Read by City Administrator, Joseph Braun.

 

WHEREAS, the City Council by Resolution No. 56 of 2004 approved matching funds of $15,000 while $16,667 is the actual matching amount; and

 

WHEREAS, the Beacon Police Department has been selected to receive a Byrne Grant through Senator Saland’s office which grant is a matching grant, with Federal Funds totaling $50,000.00 and City matching funds of $16,667; and

 

WHEREAS, this grant is intended for reconstructing Police Communications.

 

NOW THEREFORE, be it

 

RESOLVED, the Mayor and City Council hereby approve the City matching funds of $16,667 provided the City is approved for the Byrne Grant of $50,000.00 for a total of $66,667.00, and be it further

 

RESOLVED, that the Mayor is authorized to sign and accept said grant.

 

Motion to Amend Resolution to provide matching funds:  Council Member Thompson.  Seconded:  Council Member Gold.  On a roll call vote, all voted in favor.  Motion carried. all voted in favor.

 

5.  Performance Bond Reduction for the Polo Fields Phase III.

 

This will be placed on a Workshop Agenda for further discussion.

 

6.  Authorize Mayor to Sign Contract with Buckhurst Fish & Jacquemart, Inc. (BFJ) for Consultant Services to Prepare the Transportation Linkage Plan.

 

This will be placed on a Workshop Agenda for further discussion.

 

Local Laws And Ordinances:

 

1.  Resolution No. 20 of 2007 - Proposed Local Law Deleting the Current Chapter 119 and Replacing it With a New Chapter Providing For the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code.  Set Public Hearing for Tuesday, February 20, 2007

 

Motion to dispense with reading:  Council Member Thompson.  Seconded:  Council Member Gold.  All voted in favor.  Motion carried.

 

Council Member Thompson:  Suggested that this should not be an added responsibility for the Building Inspector.  This may be an opportunity for a promotion for someone else in the department

 

Motion to set a Public Hearing on February 20, 2007:  Council Member Shea.  Seconded:  Council Member Gold.  There were five "yes" votes and "two" "no" votes.  With a vote of five in favor and two against, motion carried.

 

2.  Resolution No. 21 of 2007 - Proposed Local Law Amending Chapter 11, Building Inspector, and Renaming the Chapter Building Inspector / Code Enforcement Officer. Set Public Hearing for Tuesday, February 20, 2007 

 

a.       Add to Agenda:

 

Motion to add to agenda:  Council Member Shea.  Seconded:  Council Member Foster.  There were "five" votes in favor and "two" votes against.  On a vote of five to two, motion carried.

 

b.  Set Public Hearing for Tuesday, February 20, 2007

 

Motion to set Public Hearing for February 20, 2007:  Council Member Gold.  Seconded:  Council Member Shea.  All in favor.  Motion carried.

 

Appointments:

 

1.  Resolution No. 22 of 2007 - Approve promotion of Police Officer Richard J. Sassi, II.  Read by City Administrator, Joseph Braun.

 

Resolved the City Council Approves the promotion of Richard J. Sassi, II to Detective effective March 5, 2007.

 

Motion to approve promotion:  Council Member Thompson.  Seconded:  Council Member Shea.

 

Council Member Kyriacou:  I would like it to be placed on the record that this officer that we are recommending received $150,000.00 pay last year, $90,000.00 of which is overtime pay.  Also, I received complaints from residents relating to the number of tickets written by this officer.  If we make him detective, will those tickets go away?

 

Request to enter Executive Session at 9:10 p.m. regarding a particular person:  Council Member Gold.  Seconded:  Council Member Kyriacou.  All voted in favor.  Motion carried.

 

Motion to end Executive Session at 9:25 p.m.:  Council Member Thompson.  Seconded:  Council Member Shea.  All voted in favor.  Motion carried.

 

Motion to table Council Member Gold.  Seconded:  Council Member Kelly.  There were five "no" votes to table and Council Member Kelly and Gold voted "yes" to table.  On a vote of five to two, motion to table defeated.

 

Motion to approve promotion to detective:  Council Member Thompson.  Seconded:  Council Member Shea.  On a roll call vote, five voted  "yes" and Council Members Gold and Kelly voted "no".  On a roll call vote of five to two in favor, motion carried to approve promotion to detective.

 

2.  Resolution No. 23 of 2007 - Conservation Advisory Commission:  Approve Appointment of Patrick Freeman for a two year term, term to expire 12/31/08.  Read by City Administrator, Joseph Braun.

 

APPROVE appointment of Patrick Freeman to the Conservation Advisory Commission for a two year term expiring December 31, 2008.  First appointed December 31, 1997.

 

Mayor Clara Lou Gould:  This was an over site that we did not make this appointment earlier.  His term ended at the end of December.

 

Motion to approve appointment:  Council Member Foster.  Seconded:  Council Member Kyriacou.  All voted in favor.  Motion carried.

 

Ratifications:  None

 

Announcements:

 

Today is Flora Jones' Birthday.  A very happy birthday to Flora Jones from the all the members of City of Beacon Council, the Mayor, City Administrator and City Attorney.

 

Last Opportunity for Public Comments:

 

Mrs. Hughes:  Please repeat what you said last time I was here so I can get it clear in my mind.

 

City Attorney Pisanelli:  We started the process of preparing a copy of the document, which will help give you the information you need.

 

Mrs. Hughes:  My question is how are you going to prepare that street?