Minutes
City of
Special Meeting
SPECIAL MEETING
This
Special Meeting was called to order on
Council Member Present: Elizabeth
Foster, Charles Kelly, Phil Shea, Steve Gold and Eleanor Thompson.
Excused: Lee
Kyriacou
Also
in attendance were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Attorney
Michael D. Zarin of Zarin & Steinmetz
Attorney
Susan H. Sarch of Zarin & Steinmetz
Media
represented by: Goldee
Greene, Beacon Free Press
Leigh
Gomez
Residents
in attendance at beginning of meeting:
25
Motion to go into executive session at
Motion to end executive session at
Attorneys
Michael D. Zarin and Susan H. Sarch from Zarin & Steinmetz who were in attendance at the executive
session provided an explanation of this resolution and answered questions from
the audience.
Michael
Zarin, Special Counsel on this issue:
Hopefully we are nearing the end of a complex negotiation. Since the last meeting we had further
negotiations with the Archdiocese and owner of the property. There have been some modifications with the Archdiocese. The agreement was to acquire 103 acres for $ 2.5
million. In order to acquire the full
funding sources, there was an agreement with the Archdiocese that they would
purchase 11 of those acres as a buffer around their property. The City was in agreement with them. It would remain undeveloped and remain open
space. Part of that area included the
trail that leads up to the chapel. The Archdiocese
has agreed to delete 3.4 acres from those 11 acres and we will negotiate where
they would only acquire 7 acres for the same amount of money. The City will retain 3.4 acres. That was a positive resolution. This is subject to the final approval by the
donor. He was on vacation and returned
today. The City therefore will purchase
96 acres. As for the building of the residential
homes on the property retained by the seller, there will be two residential
homes assuming that he can obtain the all of the approvals from the Town of
Public
Comments
Dennis
Pavelock: My question is how much are our legal fees between the seller and the
City? Why did it go from 11 to seven
acres?
Council
Member Kelly: The standard procedure is
to have the public make comments and not ask questions which require a response
from the council.
Council
Member Foster: The public should be
aware that this does not take away property from the City but that the City
gains more property.
Sue
Infante: I notice that one of the
resolutions was taken out. We talked
about the Archdiocese needing to maintain the road. That was a concern that they would maintain
that road.
Council
Member Gold: I think we can be more
flexible if people have questions that need answers.
Barry
Pendleton: I think the City needs to
disclose who the underwriter is for the Archdiocese of New York.
Attorney:
The Archdiocese will purchase the property directly from the owner.
Peter
Gadbois: I have been confused regarding
this negotiation. What is the deal? It looks like the deal is going through. There is already one property in
Fishkill. What will be built there and
how will it affect Beacon?
Attorney
Zarin: Whatever is built on the Fishkill
Property will have the approval of Fishkill.
As for Beacon, there will be a covenant filed for the maximum amount
built on that property providing Fishkill approves it. It requires a substantial buffer. Beacon reserves the right to approve.
Fred
Antalek: If Fishkill does not allow
building in that area, will that affect Beacon?
Answer: No.
No further comments:
Unfinished Business
Resolutions – Motion on
1. Resolution No. 129 of 2007 - Authorize Mayor to sign
agreement Purchase and Sales Agreement between Preshrock Corporation as "Seller"
and City of
WHEREAS, the purchase of the
Hiddenbrooke Property in Beacon by the City of
WHEREAS, the Purchase and Sale Agreement is now ready to be signed;
NOW THEREFORE BE IT;
RESOLVED, the Mayor is authorized to sign the Purchase and Sale Agreement between Preshrock Corporations as Seller, and City of Beacon, as Purchaser, concerning the Hiddenbrooke Property in Beacon, New York, subject to (i) final resolution of additional security needed to indemnify the city related to the Miller Claim in the form to be approved by the City Administrator, City Attorney, and Special Counsel and (ii) amending of the agreement to provide that a condition of closing is the receipt by the City of all relevant letters of commitment regarding funding of the purchase of the property.
Motion to Authorize Mayor to
Sign Agreement with Preshrock Corp:
Council Member Kelly.
Seconded: Council
Member Gold.
Discussion
Council Member Kelly and
Gold thanked the Mayor and Administrator for their hard work and also the
public for being behind us and doing a good job.
Council Member
Thompson: There are other members who
are no longer here who should be thanked as well. This has been going on for four years. I am proud of this council and our attorney.
Mayor Gould: We do thank everyone for working so hard to
make this happen.
On roll call, all voted in
favor. Motion carried.
2. Resolution No. 130 of 2007 - Authorize Mayor to sign
Conservation Easement between Archdiocese of New York and the City of
RESOLVED, the Council
authorizes the Mayor to sign Conservation Easement with the Archdiocese of New
York in conjunction with the Purchase of Hiddenbrooke Property.
FURTHER RESOLVED, that the Council
approves and recommends that the lot line realignment in connection with
certain property to be acquired by the Archdiocese be modified so as not to
include the approximate 3.46 acres as shown on the attached sketch.
Motion to Authorize Mayor to
Sign Conservation Easement: Council
Member Thompson. Seconded: Council Member Shea. On roll call, all voted in favor. Motion carried.
3. Authorize Mayor to sign Declaration of Access and
Maintenance Agreement between the Archdiocese of New York and the City of
Motion to
table: Council Member Kelly. Seconded: Council Member Thompson. All voted in favor. Motion to table carried.
Motion to adjourn Special
Meeting:
Submitted by Lucy M.
Cullinan -