Minutes
City of
REGULAR MEETING
The regular meeting of the City of
Council
Members Present: Elizabeth
Foster, Charles Kelly, Phil Shea, and Steve Gold
Excused: Lee
Kyriacou and Eleanor Thompson
Also
in attendances 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. Special Use Permit - Artist
Workshop –
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public
hearing on Monday, April 2, 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 Workshop @ 18 Overlook Avenue, owned by David Clark.
A copy of the proposal is available for inspection
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 Hearing Comments:
David Clark:
It is an existing building that I built earlier. It is my ceramic workshop. All codes are in order and everything
was passed so far except for the final C&O. I plan to operate as a ceramic
workshop. I make lighting
fixtures. This building will be for
work only. No one will be living
there.
No further comments.
Motion to end Public Hearing: Council Member Gold. Seconded: Council Member Shea. All voted in favor. Motion carried
2. Special Use Permit - Wine
Bar –
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public
hearing on Monday, April 2, 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 a Wine Bar @173 Main Street, submitted by Marcilac, Inc., owned by Skender
Berisha.
A copy of the proposal is available for inspection
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 Hearing Comments:
Owner:
It will be extremely cozy and will only serve wine and cheese.
Dennis Pavelock: Beacon needs this badly.
No further comments.
Motion to close Public Hearing: Council Member Gold. Seconded: Council Member Shea. All voted in favor. Motion carried.
3. Proposed Local Law Amendment to Charter Amendment Article 6 – Planning, Section 6.00
Comprehensive Plan to add a new subsection B to be entitled B Periodic
Update. 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, April 2, 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 proposed local law to Add New
Subsection B, entitled “Periodic Update” to Article 6, Planning,
Section 6.00, Comprehensive Plan, to the Beacon City Code.
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 Hearing Comments:
Dennis Pavelock,
City Attorney Pisanelli: This is to be sure that the annual
report is made and there are periodic reviews.
Dennis Pavelock: That still does not tell me how often
periodic is. We need to get the
language straightened out right now.
No further comments.
Motion to close Public Hearing: Council Member Shea. Seconded: Council Member Foster. All voted in favor. Motion carried.
4. Proposed Local Law Amendment to Charter Amendment Article 6 – Planning –
Section 6.02 Implementation of Comprehensive Plan, to add new subsection B. to
be entitled B. Annual Report on
Comprehensive Implementation. 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, April 2, 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 proposed local law to Add New
Subsection B, entitled “Annual Report on Comprehensive Implementation”
to Article 6 - Planning, Section 6.02 - Implementation of Comprehensive Plan,
to the Beacon City Code.
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 Hearing Comments:
This will provide a report on how far we have progressed.
Mr. Kyriacou, who suggested these two proposals, is not here this
evening.
No further comments.
Motion to close Public Hearing: Council Member Kelly. Seconded: Council Member Foster. All voted in favor. Motion carried.
Community Segment: Toni
Tracy – Finance Director
Toni Tracy, Director of Finance, gave a very interesting presentation this evening. She began by thanking the Mayor, the Administrator and the Council for the opportunity to be able to inform the public how her office functions. She described the duties and responsibilities of her office. Toni worked for the city for 18 years, the past 4 of which she has been the Director of Finance. She listed the main goals of the department. She and her staff, Paula Becker and Jean Rivera, are involved in every phase of accounting. Her office provides financial information in the best way possible to assist in decision making by the council. She answered questions asked by the council members.
Mayor Clara Lou Gould asked for a motion
to approve minutes for the following dates:
Council Meeting
Council Meeting
Council Member
Gold asked that his comments be included in the
Motion to
approve the minutes for
Reports: Text from the following reports for
Mayor's Correspondence 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
Tom Baldino: Regarding the library installing the hardware, I see
that the fee is waived. What jurisdiction
does the library fall under? I know
you do not answer questions but I would like to have this answered at some
point.
No further comments
UNFINISHED BUSINESS
Resolutions:
1. Resolution No. 65 of 2007 - Approve
Special Use Permit -
WHEREAS, owner, David Clark, has
applied for a Special Use Permit from the City Council requesting approval for
an Artist Workshop in an accessory building located at 18 Overlook Avenue; and
WHEREAS, the Planning Board has
recommended the City Council issue said permit; 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 Workshop 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
Owner, David Clark, 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 Workshop in the accessory building located at
RESOLVED, that the City Council
hereby declares itself lead agency under SEQRA relative to the application by
owner, David Clark, 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 owner, David Clark, 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 Kelly. Seconded: Council Member Gold. All voted in favor. Motion carried.
2. Resolution No. 66 of 2007 - Approve
Special Use Permit - Wine Bar – 173 Main Street –
Marcilac, Inc. (Building Owned by Skender Berisha). Read by City Administrator, Joseph
Braun:
WHEREAS, Marcilac, Inc., has applied for a Special
Use Permit from the City Council requesting approval for a Wine Bar in a
building located at
WHEREAS, the Planning Board has
recommended the City Council issue said permit; 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 Workshop 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
Marcilac, Inc. 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 Workshop in the accessory building located
at 173 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 owner, David Clark, 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 Marcilac, Inc. subject to returning to the Planning Board
for sign approval and in accordance with the conditions set forth herein.
Motion to approve Special Use Permit: Council Member Steve Gold. Seconded: Council Member Shea. On a roll call, all voted in favor. Motion carried.
Local Laws and Ordinances:
1. Resolution No. 67 of 2007 - Local Law
No. 6 of 2007 - Amendment to Charter Amendment
Article 6 – Planning, Section 6.00 Comprehensive Plan to add a new
subsection B to be entitled B Periodic Update. Second
BE IT ENACTED
by the City Council of the City of
SECTION
1. TITLE
This local law shall be
entitled, A
Amendment to Charter Amendment
Article 6
“Planning”, at Section 6.00, “Comprehensive Plan”, to
add a new
Subsection “B.
Periodic Update”.
SECTION
2. INTENT
AND PURPOSE
To allow the Council to
periodically undertake a full update of the Comprehensive Plan, at least every
ten years. The Council may delegate
such responsibility either to the Planning Board or to a special committee
whose members the Mayor shall appoint and the Council approve.
SECTION
3. AMENDMENT
B. Periodic Update. Separate from any individual amendments, the Council shall periodically
undertake a full update of the Comprehensive Plan, at least every ten
years. The Council may delegate
such responsibility either to the Planning Board or to a special committee
whose members the Mayor shall appoint and the Council approve.
The existing subsections “B “ and
“C” are hereby re-lettered “C “ and “D”
respectively.
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 Kelly.
Seconded: Council Member
Gold. On roll call, all voted in
favor. Motion carried.
2. Resolution No. 68 of 2007 - Local Law
No. 7 of 2007 - Amendment to Charter Amendment
Article 6 – Planning – Section 6.02 Implementation of Comprehensive
Plan, to add new subsection B. to be entitled B - Annual Report on Comprehensive
Implementation. Second
BE IT ENACTED by the City Council of the City of
SECTION 1. TITLE
This local law shall be entitled, (Amendment to Charter Amendment
Article 6 “Planning”, at Section 6.02,
“Implementation of Comprehensive Plan”, to add a new Subsection
“B. Annual Report on Comprehensive Plan Implementation.”
SECTION 2. INTENT
AND PURPOSE
To allow the Council, at the beginning of each year, to review progress
on implementation of the current Comprehensive Plan, including an enumeration
of actual changes in the prior year and expected changes for the current year.
SECTION 3. AMENDMENT
B. Annual Report on
Comprehensive Plan Implementation.
At the beginning of each year, the Council shall review progress on the
implementation of the current Comprehensive Plan, including an enumeration of
actual changes in the prior year and expected changes for the current year.
The existing subsections “C” is hereby re-lettered “D”
respectively.
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 Steve Gold.
Seconded: Council Member
Foster. On roll call, all voted in
favor. Motion carried.
NEW BUSINESS
Resolutions:
1. Resolution No. 69 of 2007 - Accept Gift
(Historic Map displayed in Lobby of Municipal Building) from Joan VanVoorhis
and Express the City of
RESOLVED, the City Council accepts the
gift of a Historic Map from Joan VanVoorhis and expresses the City’s
thanks to her.
Motion to Accept Gift from Joan Van Voorhis: Council Member Shea. Seconded: Council Member Foster. On roll call, all voted in favor. Motion carried.
2. Resolution No. 70 of 2007 - Concerning
Benefits for Confidential Employees eligible for Growth/Clothing
Allowance along with the Longevity Benefit as stated in the CSEA Union
Contract.
WHEREAS,
confidential employees whose benefits are based on a union
agreement are eligible to
receive longevity and growth/clothing allowances, now therefore, be it,
RESOLVED,
that confidential employees whose benefits are based on a union
agreement shall receive longevity and growth/clothing allowances as provided in
the appropriate union agreement.
Motion to amend resolution by inserting "Confidential"
in place of non-union:
Council Member Kelly.
Seconded: Council Member
Gold. All voted in favor. Motion carried.
Motion to approve resolution as amended: Council Member Gold. Seconded: Council Member Kelly. On roll call, all voted in favor.
3. Resolution No. 71 of 2007 - Amended
Resolution in Support of Riverview Industries, Inc. Bid to Purchase the
Decommissioned 1986 Pierce 105 Ladder Truck Chassis #E3170. Read by City Administrator, Joseph Braun.
WHEREAS,
the decommissioned 1986 Pierce 105 Ladder Truck #E3170 is no longer needed for
City purposes; and
WHEREAS, bids have been solicited,
NOW, THEREFORE, be it
RESOLVED, that the Beacon City
Council hereby accepts the
highest bid from Riverview Industries, Inc., in the
amount of $5,500.00 for
the decommissioned 1986 Pierce 105 Ladder Truck
#E3170,
Motion to approve amended resolution: Council Member Shea. Seconded: Council Member Foster. On
roll call, all voted in favor.
Motion carried.
4. Resolution No. 72 of
2007 - Concerning the Howland Library Mural –
Waive 100.00 Zoning Board of Appeals Variance Fee. Read by City Administrator, Joseph
Braun.
WHEREAS,
the mural at the Howland Public Library requires a variance from the Zoning
Board of Appeals, and
WHEREAS,
the City Council recognizes that the library is a tax exempt entity, now
therefore, be it,
RESOLVED,
the City Council hereby waives the $100.00 filing fee, which would have been
required for the Zoning Board of Appeals variance application and consents to
the Zoning Board of Appeals variance application being filed and accepted
without the fee.
Motion to waive variance fee:
Council Member Kelly.
Seconded: Council Member
Gold. On a roll call vote, all
voted in favor. Motion carried.
5. Resolution No. 73 of 2007 - Authorize the
Issuance of a Corrected Real Property Tax Bill –
WHEREAS,
the 2006 taxable assessed value of the real property located at 1212 North
Avenue, Grid No. 5955-83-762113, should have been reduced due to their having
satisfied the amount re-levied for unpaid water in this office on December 29th
of 2006, and
WHEREAS,
the re-levied unpaid water in the amount of $ 70.44 should be withdrawn, and
WHEREAS,
the amount levied for taxes was $1623.95 which should have been $1553.51, and
WHEREAS,
the Dutchess County Real Property Tax Service and the Office of the Assessor
recommends that the application for a corrected 2006/2007 County/City tax bill
be approved,
NOW THEREFORE, BE IT
RESOLVED, that the amount of $1623.95 improperly billed to
John F. and Suzanne McElduff be withdrawn and a corrected tax bill in the
amount of $1553.51 be issued to John F. and Suzanne McElduff, the owner of real
property located at
RESOLVED,
that any interest and penalties attached to this bill in error be waived
provided payment of the corrected bill is received within 30 days of the date
of mailing the new corrected bill to the owner of 1212 North Avenue, said
mailing to be documented by an affidavit of mailing.
Motion to authorize the issuance of a corrected real property tax
bill for
6. Resolution No. 74 of 2007 - Authorize the
Issuance of a Corrected Real Property Tax Bill –
WHEREAS,
the 2006 taxable assessed value of the real property located at 1212 North
Avenue, Grid No. 5955-83-762113, should have been reduced due to their having
satisfied the amount re-levied for unpaid water in this office on December 29th
of 2006, and
WHEREAS,
the re-levied unpaid water in the amount of $ 70.44 should be withdrawn, and
WHEREAS,
the amount levied for taxes was $1623.95 which should have been $1553.51, and
WHEREAS,
the Dutchess County Real Property Tax Service and the Office of the Assessor
recommends that the application for a corrected 2006/2007 County/City tax bill
be approved,
NOW THEREFORE, BE IT
RESOLVED, that the amount of $1623.95 improperly billed to
John F. and Suzanne McElduff be withdrawn and a corrected tax bill in the
amount of $1553.51 be issued to John F. and Suzanne McElduff, the owner of real
property located at
RESOLVED,
that any interest and penalties attached to this bill in error be waived
provided payment of the corrected bill is received within 30 days of the date
of mailing the new corrected bill to the owner of 1212 North Avenue, said
mailing to be documented by an affidavit of mailing.
Motion to authorize the issuance of a corrected real property tax
bill at
Local Laws And Ordinances:
Appointments:
Ratifications:
1. Resolution No. 75
of 2007 - W. H. Hook & Ladder Company
Rene Hermandez - Resigned - Remove from
Active Rolls effective March 6th
Michael Spilane - Add as Jr. Active
Member effective February 6th
Brendan DeMarco - Add as Jr. Active
Member effective March 6th
Motion to ratify: Council Member Foster. Seconded: Council Member Kelly. All voted in favor. Motion carried.
Announcements:
Public Comments:
Lou Amoroso: I don't think the dummy light should be removed from
where it is. They took the bridge
down, they took away the rubber factory and now they want to remove the dummy
light. Regarding Stormwater, every
time we put in a parking lot there is a problem with the water. I think you should consider the problems
when a new parking lot goes in.
Dennis Pavelock: I
would like to continue my comments regarding the city having their own
emergency plan. We do not have
that.
Tom Baldino: Regarding
the parking situation. Yes, we do
need to protect our water and our streams, the river and our drinking
water. I do not think that we
should stop building parking lots.
We need to use different materials.
Construction material is available where the water will seep
through. I want to urge everyone to
protect our water. It is a very
important commodity. We have to do
whatever we can to improve the toxin problem.
Mayor: Regarding the
Dummy light. I know it is part of
our history. For that reason we
have to keep it safe. It is being
hit by vehicles causing it to be destroyed. If we move it we can save it.
No further comments.
Budget Amendment for
1. Amend the General Fund Balance for the Attorney expense (Code: A1420.450403)
in the amount of $878.00. This amount represents fees for services owed to Tarshis,
Motion to approve budget amendment: Council Member Foster. Seconded: Council Member Kelly. On
roll call, all voted in favor.
Motion carried.