Minutes

City of Beacon Council Meeting

June 4, 2007

 

REGULAR MEETING

 

The regular meeting of the City of Beacon Council held at the municipal Center, One Municipal Plaza on June 4, 2007 was called to order at 7:00 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.

 

Council Members Present:                               Lee Kyriacou, Charles Kelly, Phil Shea, and Steve Gold

 

Excused:                                                          Elizabeth Foster and Eleanor Thompson

 

Also in attendance were:                                  City Administrator, Joseph Braun

                                                                        City Attorney, Gerard Pisanelli

 

Media Represented by:                                    Goldee Greene, Beacon Free Press

                                                                       

Residents in attendance at beginning:              30

 

Motion to enter into Executive Session on Litigation at 7:00 p.m.:  Council Member Kelly.  Seconded:  Council Member Kyriacou.  All voted in favor.  Motion carried.

 

Motion to End Executive Session at 7:30 p.m.:  Council Member Kelly.  Seconded:  Council Member Kyriacou.  All voted in favor.  Motion carried.

 

Public Hearings:

 

1.  §179-3(F) Of Chapter 179  “Sewers” Is Renumbered As §179-3f(1) And A New Subsection 179-3f(2) Is Added.  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, June 4th 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 Re-number Section 179-3(F) of Chapter 179, “Sewers” to Section 179-3F(1) and Add New Subsection Entitled Section 179-3F(2).

 

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 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 Hearing Comments:

 

Clark Gebman - With reference to this sewer connection, I would like to bring to the attention that the property at 2 Wilson is not connected to the sewer.  If a house is not on the network and it chooses to be, will the property owner be responsible for the connection?  There is disparity between those connected and those that are new.

 

Roselyn Nichols - What is the difference when renumbering these codes?  Attorney Pisanelli explained that it is simply a matter of the re-numbering a subsection that was inserted into the code.

 

James McCollum - Read the following comments: - Addressed to Joseph Braun, City Administrator, Dated May 17, 2007, Regarding Water and Sewer Supt - Proposed Change of Local Law/Sanitary Sewer Repairs

 

After reviewing the proposed amendment to the chapter of the City's code book that will now make the City responsible for the reimbursement of the costs incurred by the homeowner for the replacement and/or repair of the portion of their sanitary sewer service that may be damaged and/or ruptured under the paved portion of the street, I must, respectfully, object to this proposal. Although I realize that the cost and scope of this work can be a very expensive endeavor, it does not serve in the best interest of the City to undertake this position. Water and sanitary sewer services are installed by private contractors to supply these utilities to private properties and the onus should be on the owners of these properties, as it has been in the past, to maintain these services in proper working order.

 

Implementation of this policy can only open up other avenues of concern and expose the City to other possible liabilities in the future. It is also not fair to the other taxpayers who will never benefit from this amendment or to those who have had to deal with these problems in the past.

 

There are other concerns that I have with this proposal, many of which I had presented to the City Council back in 2002. As I have been appointed to look after the interests of the City of Beacon, I cannot in good conscience be a consenting party to this use or "misuse" of City resources.

Thank you for offering me this opportunity to convey my concerns.

 

City Attorney Pisanelli:  Asked to read the portion of his report for June 4, 2007 regarding this local law as follows:

 

"e. A Local Law amending Chapter 179 Sewers authorizing the sharing of certain sewer repairs.  This proposed Local Law was amended to include language concerning insurance coverage.  In my opinion, the potential financial impact of this Local Law should be more fully discussed in a Workshop before it is adopted and made retroactive to January 1, 2007."

 

Motion to close Public Hearing:  Council Member Kyriacou.  Seconded:  Council Member Gold.  All voted in favor.  Motion carried.  This will be further discussed at the next workshop after which a Public Hearing will be scheduled for June 18, 2007.

 

2.  Special Use Permit:  Accessory Apartment9 Aldridge Place – Applicant:  Timothy Joseph.  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, June 4, 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 and Accessory Apartment @ 9 Aldridge Place, Owned by Timothy Joseph.

 

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.

 

Mayor Clara Lou Gould read the following letter from the City of Beacon Planning Board.

 

Dear Mayor & Council Members:

Review of an application for a Special Use Permit for an accessory apartment in an existing single family house located at 9 Aldridge Place took place at the May 8, 2007 Planning Board meeting.

After reviewing the application, the Board voted unanimously to recommend the City Council issue a Special Use Permit for the accessory apartment with no need to return to the Planning Board for final site plan approval.

A copy of the application and Site Plan are enclosed for your information. If you have any questions regarding the Planning Board's action, please call me.

Yours truly, Arthur J. Hibbs, Chairman

 

Public Comments:  None

 

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

 

3.  Special Use Permit:  Amend Existing Special Use Permit – Modify Apartment Layout – 463 Main Street – Applicant Anthony Fox and Paul Queley.  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, June 4, 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 an Existing Special Use Permit to Modify Apartment Layout @ 463 Main Street, Applied for by Anthony Fox and Paul Queley.

 

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.–3:30p.m.)

 

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

 

Mayor Clara Lou Gould read the following letter from the City of Beacon Planning Board.

 

Dear Mayor & Council Members:

 

Review of an application to amend an existing Special Use Permit to add a studio apartment in the building located at 463 Main Street took place at the May 8, 2007 Planning Board meeting. The original approval was for one commercial space on the lower level and one two-level 2,400 sq. ft. residential unit, which occupied the rear portion of the lower level and the entire second floor. This amendment adds a studio apartment to the rear of the lower level behind the commercial space. There will be no changes to the exterior of the building.

After reviewing the application, the Board voted unanimously to recommend the City Council issue an amendment to the existing Special Use Permit to modify the building layout to add a studio apartment, with no need to return to the Planning Board for final site plan approval.

A copy of the application and Site Plan are enclosed for your information. If you have any questions regarding the Planning Board's action, please call me.  Yours truly, Arthur J. Hibbs, Chairman

 

Public Comments:  None

 

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

 

4.  Special Use Permit:  Wireless Communication FacilityOne Forrestal Heights – Applicant OmniPoint Communications. (subsidiary of T-Mobile).  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, June 4, 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 for a Wireless Communication Facility @ One Forrestal Heights, Applied for by OmniPoint Communications (subsidiary of T-Mobile).

 

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.

 

Mayor Clara Lou Gould read the following letter from the City of Beacon Planning Board.

 

Dear Mayor & Council Members:

Review of an application for a Special Use Permit for a wireless communication facility on the Beacon Housing Authority building at One Forrestal Heights took place at the May 8, 2007 Planning Board meeting. They propose to install six wireless antennas on the penthouse roof, which will be co-located with 18 existing wireless facilities. This application replaced a proposal originally submitted to locate a new facility at the Southern Dutchess Country Club.

After reviewing the application, the Board voted unanimously to recommend the City Council issue a Special Use Permit for the wireless communication facility, subject to submitting documentation to the Planning Board verifying that if any interference occurs with emergency service communications, they will shut their facility down without delay to address the problem.

A copy of the application and Site Plan are enclosed for your information. If you have any questions regarding the Planning Board's action, please call me.  Yours truly, Arthur J. Hibbs, Chairman

 

Public Comments:  None

 

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

 

Community Segment:            Jamie McCollum – Water Department

 

Water and Sewer Department Presentation City Council Meeting June 4, 2007

 

Introduction: James McCollum, Water and Sewer Superintendent -over 32.5 years with City /Appointed in 1998

Why the need for a Water Department? The fact is that you just open a faucet and water comes out! As reality would have it there's a little bit more to it than that.

Department can be divided into three main segments:

                                      A.  Water Storage and Treatment

-Reservoirs or "surface" water: Cargill, Melzingah, Mt. Beacon (where each is located.)

-Wells or "ground" water because the water is pumped from under the ground.

-Filtration / Treatment Facility where raw or untreated water is trans­formed into finished or potable water.

-different processes occur: sedimentation, chlorination, filtration, other chemical processes; pumps and motors.

-Storage Tanks: Fairview, Rowland and Mt. Beacon (each holds 1M.G.) -Transmission water mains: carry raw water from reservoirs and wells to Plant. Consist of: 18", 16', 12" and 10" DIP, CEP and RCP.

Duties related to the maintenance and up-keep: dam inspections, grass and brush cutting, roadwork, trash and debris removal, building maintenance.

B.  Water Distribution:

-Pipelines that carry finish/potable water from storage tanks to consumers. These are mostly: 12", 10", 8', 6" and 4" DIP, CIP, ACP and PVC.

-Network or grid of inter-connected pipelines make up "gravity" system,

Thus the different pressures at various altitudes.

Duties of this system: flushing to improve water quality; locating mains for other contractors; testing for flows and pressures; collecting samples; repairing ruptures and leaks; replacing antiquated mains; maintenance and repair of fire hydrants and valves; reading, instal­ling and repairing water meters.

 

In conjunction with road rehab projects, the scope of work is reviewed and a decision is made whether or not to replace, repair, modify system as the as the case may be.

 

C. Sanitary Sewer Collection:

-Network of mostly gravity flowing piping depending on the elevation of each area of the City. This, again, is made up of many different sizes and content of piping. Includes: 30", 24", 18", 15", 12", 10"and 8" Clay tile, CIP, ACP and PVC mostly. May be other types and sizes.

-Manholes are located at various stations to allow for monitoring flows and maintenance. These structures are supposed to be located any where a pipeline takes a significant "bend" or at manageable distances within a long run.

-Lift stations are also located in areas where gravity is not possible. These stations are equipped with motors, pumps, automatic controls and check valves and make use of forced /pressurized mains to transfer the effluent to an area where gravity can again be utilized.

-Pipelines require periodic cleaning, especially the older lines. This is accomplished using a high-velocity water hose with various nozzles depending on the situation. Also, a rodding machine, which is a series of connected metal rods with a cutting or other tool at the end, as the case may be, that mechanically dislodges the debris.

There are also means to: televise; meter flows; grout leaking joints and perform other maintenance and testing.

In closing, I would just like to add...

The Department doesn't just run by itself; it takes the work of dedicated and responsible employees and we take great pride hi what we do which, simply put, is to provide safe and aesthetically pleasing water, as well as, adequate fire protection to all the citizens of the City of Beacon.

This cannot take place without the concerted efforts and cooperation of all the aspects of City government - Mayor, City Administrator, Honorable Council Members, Department Heads, and other staff members and on to the citizens themselves

To steal a line from the movie "Spiderman", "with great power comes great responsibility." We, as City officials, have great power, and it is up to us to continue to work hard together to ensure that our children and our grandchildren enjoy the benefits that we do now!

Thank you for this opportunity.

The council thanked Mr. McCollum for his very informative presentation.

 

Mayor Clara Lou Gould asked for Approval of Minutes for the following Council Meetings:

 

April   2, 2007

April 16, 2007

 

Motion to approve minutes as written:  Council Member Shea.  Seconded:  Council Member Gold.  All voted in favor.  Motion carried.

 

Reports:  Text from the following reports for June 4, 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 Reports of Activities read their reports of activities.

County Legislature, Ron Ray

 

First Opportunity for Public Comments:  Pertaining to this agenda only.

 

Barbara McCaskill:  Is the city going to purchase University Settlement?

City Attorney Pisanelli:  The city intends to run the pool.  There has not been a final decision to purchase the property.

 

Clark Gebman:  Regarding University Settlement - The city has been offered a great deal.  I have no objection.  I think that the city should do an operating budget so the public can understand the capital cost to run this.  We also should form a committee do research, which would meet the cities needs.  It would be counter productive to share this with other municipalities as it was suggested.

 

No further comments.

 

UNFINISHED BUSINESS

 

Resolutions:

 

1.  Resolution No. 101 of 2007 - Approve Special Use Permit:  Accessory Apartment in an existing home located at 9 Aldridge Place – Applicant:  Timothy Joseph.  Read by City Administrator, Joseph Braun.

 

WHEREAS, Timothy Joseph, 9 Aldridge Place, have applied for a Special Use Permit from the City Council requesting approval for an accessory apartment in his existing home, and

WHEREAS, the Planning Board has recommended the City Council issue said permit with no need to return for final site plan approval; 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 accessory apartment in the existing home located at 9 Aldridge Place 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 permit; and

 

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

 

WHEREAS, the City Council has determined that the application submitted by

Timothy Joseph 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 addition of an accessory apartment in the existing home located at 9 Aldridge Place 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 Timothy Joseph 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 Timothy Joseph with no need for final site plan review and in accordance with the conditions set forth herein. 

 

Motion to approve Special Use Permit for 9 Aldridge Place:  Council Member Gold.  Seconded:  Council Member Kelly.  On a roll call, all voted in favor.  Motion carried.

 

2.  Resolution No. 102 of 2007 - Approve Special Use Permit:  Amend Existing Special Use Permit – Modify Building Apartment Layout – 463 Main Street – Applicant Anthony Fox and Paul Queley.  Read by City Administrator, Joseph Braun.

 

WHEREAS, Anthony Fox and Paul Queley have applied for an Amended Special Use Permit from the City Council requesting approval to add a studio apartment (to the rear of the lower level behind the commercial space) located at 463 Main Street; and

 

WHEREAS, the Planning Board has recommended the City Council issue said permit with no need to return for final site plan approval; 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 addition of a studio apartment (to the rear of the lower level behind the commercial space) at 463 Main Street 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

Anthony Fox and Paul Queley 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 addition of a studio apartment (to the rear of the lower level behind the commercial space) at 463 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 Anthony Fox and Paul Queley 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 Anthony Fox and Paul Queley for the proposed addition of a studio apartment (to the rear of the lower level behind the commercial space) at 463 Main Street with no need for final site plan review and in accordance with the conditions set forth herein.

 

Motion to approve Special Use Permit for 463 Main Street:  Council Member Shea.  Seconded:  Council Member Kelly.  On a roll call, all voted in favor.  Motion carried.

 

3.  Resolution No. 103 of 2007 - Approve Special Use Permit:  Wireless Communication Facility located at Beacon Housing Authority, One Forrestal Heights – Applicant OmniPoint Communications. (subsidiary of T-Mobile).  Read by City Administrator, Joseph Braun.

 

WHEREAS, OmniPoint Communications (a subsidiary of T-Mobile) has applied for a Special Use Permit from the City Council requesting wireless communications facility to include six wireless antennas on the penthouse roof of the Beacon Housing Authority Building located at One Forrestal Heights (which will be co-located with 18 existing wireless facilities); 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 installation of a wireless communications facility to include six wireless antennas on the penthouse roof of the Beacon Housing Authority Building located at One Forrestal Heights (which will be co-located with 18 existing wireless facilities) 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 in the driveways are laid out to achieve maximum safety; and

           

WHEREAS, the City Council has determined that the application submitted by OmniPoint Communications (a subsidiary of T-Mobile) for a Special Use P