city council meeting

Minutes

City of Beacon Council Meeting

July 16, 2007

REGULAR MEETING

The regular meeting of the City of Beacon Council held at the Municipal Center, One Municipal Plaza on July 16, 2007 at 7:37 p.m. with the Pledge of Allegiance to the Flag.

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

Excused: Elizabeth Foster, 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

Leigh Gomez, Poughkeepsie Journal

Residents in Attendance at beginning: 25

Community Segment: Green Teen Community Gardening Program - The following are the Green Teen Members that participated in the presentation: Helanna Bratman, Dominique Williams, and Meghan Ryan.

City of Beacon Office of the Mayor’s Proclamation signed and read by Mayor Clara Lou Gould.

WHEREAS The Green Teen Community Gardening Program of Cornell Cooperative Extension encourages Beacon High School students to think about our community and learn about farming, the food system, cooking and photography, and

WHEREAS Last August Green Teen led a successful event at the Beacon Farmer's Market to teach the community about local food, demonstrating how to prepare healthy dishes from ingredients purchased at the market, how to make compost bins, and why eating local is important, and

WHEREAS Green Teen was recognized -for their efforts by the Dutchess County Youth Bureau which awarded them a Youth Assets Mini Grant for the "Food From Here" Program, and

WHEREAS Green Teen publicized their program with a photography exhibit at the Chthonic Clash Coffee House in the City of Beacon, and

WHEREAS One of the ten things you can do to reduce the impacts of climate change is to buy local foods that don't need to be shipped across the country or world and let people know how important that is, or Eat In, Act Out

NOW THEREFORE The City of Beacon is proud to support the Green Teen Program and we hereby declare July 30 to August 5, 2007 to be EAT IN, ACT OUT week in the city and encourage our residents to eat healthy, and buy local.

Signed by: Mayor Clara Lou Gould

Public Hearings:

1. Proposed Local Law To Amend §179-3f(2) “SEWERS” To Include The Route 9D Arterial Highway. 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, July 16^th 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 Amend §179-3F(2) of Chapter 179 “SEWERS” to include the Route 9D arterial highway.

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:

Dennis Pavelock, 34 Judson Street asked the city attorney to explain this law.

City Attorney Pisanelli: The 9D Arterial is a highway, which we included along with City Streets for sewer lines that failed under the paved portion of the streets.

Dennis Pavelock, 34 Judson Street: Thank you. I agree with this local law.

No further comments.

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

Mayor Clara Lou Gould asked for a motion to approve the following minutes:

Council Meeting May 7, 2007

Council Meeting May 21, 2007

Council Meeting June 4, 2007

Council Meeting June 18, 2007

Council Meeting July 2, 2007

Note: There should be an addition on the July 2, 2007 Comments by Dennis Pavelock: The graffiti law that he distributed to the council should have included that this law was for the City of Newburgh

Motion to approve minutes with that one change: Council Member Shea. Seconded: Council Member Kelly. All voted in favor. Motion carried.

Text from the following reports for July 16, 2007 is at the end of these minutes.

Mayor's Communications read by Mayor Clara Lou Gould.

City Administrator, Joseph Braun Report of Activities

City Attorney Report of Activities – 1^st Meeting of the Month

Mayor Clara Lou Gould read her Report of Activities

Council Members read their Reports of Activities

Ron Ray Dutchess County Legislator

Public Comments: Pertaining to This Agenda Only

Flora Jones: I would like to thank Council Member Kelly for mentioning the response I got from the governor. I hope the Governor can attend. I also want to thank Mr. Shea. I have the information and wonder what I can do with my property. Mr. Kyriacou: I can appreciate your problem to get here. I want to speak about the reconstruction of my block.

City Attorney Pisanelli reminded Mrs. Jones that this "Public Comments Segment" is reserved for Agenda Items only and added that she will have an opportunity to present her comments at the end of tonight's meeting.

Dennis Pavelock: Regarding University Settlement Camp - I would like Beacon to be the lead agency and not Scenic Hudson who will inform us what to do and when to do it.

Larry Kalkstein of Preshrock Corporation spoke regarding the Hiddenbrook contract. We tried to get a contract for 18 months. Each side paid a lot of money for attorney fees. The funding of 2.5 million could not be raised so it was reduced down to 2.3 million. I am asking the city council to let me retain 5 acres to put up 10 homes. You will be purchasing 95 acres instead of 100 acres. Our attorneys will speak to each other further on this proposal.

Perry Pendleton: I would like to know what is the maintenance agreement between the Archdiocese and the City of Beacon regarding the Hiddenbrooke Property?

No further comments.

UNFINISHED BUSINESS

Resolutions: None

Local Laws And Ordinances:

1. Resolution No. 124 of 2007 -: Local Law No. 11 of 2007 - To Amend §179-3f(2) “SEWERS” To Include The Route 9D Arterial Highway. Second Reading read by City Administrator, Joseph Braun.

BE IT ENACTED by the City Council of the City of Beacon as follows:

SECTION 1. TITLE

This local law shall be entitled, A local law to amend §179-3F(2) of Chapter 179 ‘SEWERS’ to include the Route 9D arterial highway”.

SECTION 2. INTENT AND PURPOSE

This local law is intended to amend §179-3F(2) to include the Route 9D arterial highway.

SECTION 3. AMENDMENT

§179-3F(2). shall read as follows:

§179-3F(2). When the Water and Sewer Superintendent certifies that a water or sewer line has failed under the paved portion of a City street, including the Route 9D arterial highway, the City will reimburse the cost of repairing the portion of that line that lies under the paved portion of the City street. That payment will be based on the average cost of such repairs per linear foot as determined by the Water and Sewer Superintendent by January 1 of the year for which it will be effective. The City will not reimburse the cost of repairs where the property owner or his assigns are determined to have caused the failure; or the failure is caused by tree roots; or the owner has insurance coverage for the repair. The owner must provide all insurance information including, but not limited to, the extent of any insurance payments. The owners of each property continue to own and be responsible for the maintenance of water and sewer lines providing service to that property from the water or sewer main to the structure served.

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 Shea. Seconded: Council Member Kelly. On roll call, all voted in favor. Motion carried.

NEW BUSINESS

Resolutions:

1. Resolution No. 125 of 2007 - Adopt Negative Declaration Regarding Proposed Acquisition of the University Settlement Camp Property by the City of Beacon. Read by City Administrator, Joseph Braun.

ATTACHMENT NEGATIVE DECLARATION: REASONS SUPPORTING DETERMINATION

The Proposed Action is the acquisition of the University Settlement Camp property by the City of Beacon.

REASONS SUPPORTING DETERMINATION

The portion of the University Settlement Camp property located in the City of Beacon and proposed to be acquired by the City is approximately 50 + acres in size. The entire property, including approximately 30 + acres in the Town of Fishkill, is approximately 80 + acres in size. The property is located along the southeasterly perimeter of the City.

The City of Beacon proposes to acquire the 50-acre portion of the subject property to provide direct public access to an extensive network of recreational trails in the Hudson Highlands. Located at the base of Mount Beacon, the property directly links to a number of significant open space resources, including Mount Beacon, Fishkill Ridge Conservation Area, City of Beacon watershed lands, and Hudson Highlands State Park. The property will also provide facilities for swimming, hiking, picnicking, overnight camping, day camps and other recreational activities.

The Scenic Hudson Land Trust, Inc. will purchase the entire parcel, and then sell Beacon the 50 acres within the City boundaries. The Beacon parcel is rolling land with woods and fields that gradually rises in an easterly direction toward Mount Beacon. It has a number of camp-related structures and improvements, including sleeping cabins, an in-ground swimming pool, a gymnasium, an arts and crafts studio, a dining hall, a barn theatre and a farmhouse. The property will be operated as a City park and will be maintained by the City Parks Department.

The Town of Fishkill portion is an interior parcel of wooded land that rises steeply to the east and directly links to open space resources owned by Scenic Hudson, the City of Beacon and the New York State Office of Parks, Recreation and Historic Resources. Scenic Hudson will retain this parcel to provide public access from Beacon's portion of the University Settlement Camp property to these open space resources.

The Scenic Hudson Land Trust, Inc. has an option to purchase the entire 80-acre University Settlement Camp property from its current owner, the University Settlement Society of New York. An agreement between the Scenic Hudson Land Trust, Inc. and the City of Beacon for the purchase of the 50 acres in Beacon is scheduled to be signed this summer, with a closing anticipated by the end of 2007. The City's anticipated purchase price is $550,000 and closing costs are estimated to be $25,000. The acquisition of this property will not adversely affect the City's finances.

CONCLUSIONS

The Proposed Action is not expected to result in any significant adverse impacts on the City's environment or its finances.

In summary:

No above ground construction or major ground disturbance is currently planned by the City.

The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA).

The Proposed Action will not have a significant adverse environmental impact on any unique or unusual landforms.

The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected.

The Proposed Action will not have a significant adverse environmental impact on any non-protected existing or new body of water.

The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity.

The Proposed Action will not have a significant adverse environmental impact on or alter drainage flows or patterns, or surface water runoff.

The Proposed Action will not have a significant adverse environmental impact on air quality.

The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species.

The Proposed Action will not have a significant adverse environmental impact on any non-threatened or non-endangered species.

The Proposed Action will not have a significant adverse environmental impact on agricultural land resources.

The Proposed Action will not have a significant adverse environmental impact on aesthetic resources.

The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance.

The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities but rather will have a beneficial impact in this regard.

The Proposed Action will not have a significant adverse environmental impact on existing transportation systems.

The Proposed Action will not have a significant adverse environmental impact on the community's sources of fuel or energy supply.

The Proposed Action will not have a significant adverse environmental impact as a result of objectionable odors, noise or vibration.

The Proposed Action will not have a significant adverse environmental impact on the public health and safety.

The Proposed Action will not have a significant adverse environmental impact on the character of the existing community.

The Proposed Action will not have a significant adverse environmental impact with respect to the availability of housing in the City.

Based upon this information and the information in the Full Environmental Assessment Form, the City Council finds that the Proposed Action will not have any significant adverse impacts upon the City's environment or its finances. This Negative Declaration indicates that no environmental impact statement need be prepared and that the SEQRA process is complete.

ADDENDUM TO PART 1 OF EAF

Part 1.A - Site Description

The Proposed Action is the acquisition of the University Settlement Camp property by the City of Beacon. Part 1.A is not applicable, or the information to complete this section is not available, except for Questions #1, #2 and #13.

Part 1.B - Project Description

The Proposed Action does not involve site-specific construction or development activity. As a result, Part 1.B of this EAF is not applicable, except as noted therein with respect to Questions #24 and #25.

Part 1.D - Informational Details

The Town of Fishkill portion is an interior parcel of wooded land that rises steeply to the east and directly links to open space resources owned by Scenic Hudson, the City of Beacon and the New York State Office of Parks, Recreation and Historic Resources. Scenic Hudson will retain this parcel to provide public access from Beacon’s portion of the University Settlement Camp property to these open space resources.

The Scenic Hudson Land Trust, Inc. has an option to purchase the entire 80-acre University Settlement Camp property from its current owner, the University Settlement Society of New York. An agreement between the Scenic Hudson Land Trust, Inc. and the City of Beacon for the purchase of the 50 acres in Beacon is scheduled to be signed this summer, with a closing anticipated by the end of 2007. The City’s anticipated purchase price is $550,000 and closing costs are estimated to be $25,000. The acquisition of this property will not adversely affect the City’s finances.

ADDENDUM TO PART 2 OF EAF

The Proposed Action is not expected to result in any significant adverse impacts on the City’s environment or its finances.

In summary:

No aboveground construction or major ground disturbance is currently planned by the City.