Minutes
City of
REGULAR MEETING
The
regular meeting of the City of
Council Members Present: Clara Lou Gould,
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
Green, Beacon Free Press
Residents
in Attendance at Beginning: Approximately
50
Public Hearings:
1.
Proposed Comprehensive Plan -
NOTICE
IS HEREBY GIVEN that the City Council of the City of Beacon and
the Comprehensive Plan Committee will conduct a Public Hearing on December 17,
2007 at 7:30 p.m. at the Municipal Building, One Municipal Plaza,
Beacon, New York, at which time all parties in interest and citizens shall have
an opportunity to be heard regarding the draft City Comprehensive Plan.
PLEASE
TAKE FURTHER NOTICE that City Council has determined that the
Proposed Action is a Type I action pursuant to Article 8 of the Environmental
Conservation Law, Part 617 NYCRR (commonly known as "SEQRA").
PLEASE TAKE FURTHER NOTICE that the draft City Comprehensive Plan is available for review and inspection at the office of the City Clerk during normal business hours.
Public
Hearing Comments:
Gebman: I have asked the City Council on many
occasions to provide me with documents that I requested. Because I received incomplete information
from the Planning Board, I intend to challenge the Master Plan.
Planner
from Scenic Hudson: Scenic Hudson has
been involved from the beginning and we support the Comprehensive Plan and its
recommendations. We sent out surveys,
which helped to create the Comprehensive Plan.
Sara
Pasti: I am the co-chair of the
Comprehensive Plan. I have one comment
that was told to me. I received a call
from Gregg Silvester regarding pedestrian oriented development and also, John
Clark's recommendations. Sara
distributed a document to the council, which contained the suggested
amendments.
Dennis
Pavelock,
Resident
Regarding Recreation Director:
Concerning volunteers, we should do everything we can to assist the
Recreation Director.
No
further comments.
Motion
to close public hearing: Council Member
Thompson. Seconded: Council Member Shea. All voted in favor. Motion carried.
2. Proposed Local Law to Amend §
PLEASE
TAKE NOTICE
that the City of Beacon will hold a public hearing on Monday, December 17, 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
§135-86, Garbage & Refuse, In Order To Add An Exception.
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:
Mayor Gould: There will be a change in the law
so that the people who live in condos will not have to drag the cans through
their homes to get them in the back of their home and to provide a law for the
residents to be permitted to place their garbage cans in the front of their
property. They will use some type of
screening to hide the garbage cans so they are out of view of the public.
Resident: I agree
with this law.
Motion to
close public hearing. Council Member
Kelly: Seconded: Council Member Foster. All voted in favor. Motion carried.
3. 2008 Proposed City
of
NOTICE
OF PUBLIC HEARING
PLEASE
TAKE NOTICE that the City Council will hold a public hearing at the
2008 BUDGET SUMMARY
City of
2008 Budget Summary
|
|
Total |
General |
Water |
Sewer |
|
|
|
|
|
|
|
Appropriations |
17,066,662 |
17,066,662 |
2,742,906 |
3,349,395 |
Less
|
|
|
|
|
Total
Revenue
|
9,100,126 |
9,100,126 |
2,590,712 |
3,197,201 |
Appropriated Water & Sewer
Fund Balance
|
|
|
152,194 |
152,194 |
|
|
|
|
|
|
Balance
of Appropriations
|
7,966,536 |
|
|
|
Less
|
|
|
|
|
Fund
Balance Appropriation
|
700,000 |
|
|
|
|
|
|
|
Non-Homestead |
|
Tax Levy
|
7,266,536 |
|
|
|
Estimated Uncollectible Tax
Levy
|
190,348 |
|
|
|
Estimated Collectible
Delinquent
|
253,980 |
|
|
|
Adjusted Tax Levy
|
7,202,904 |
5,119,824 |
2,083,080 |
|
|
|
|
|
|
|
Base Proportion
|
100.00 |
71.0800 |
28.9200 |
|
|
|
|
|
|
|
2008 Tax Rate on 2008 Roll 4.874102 0.09% 8.106632 -0.09%
Assessment Roll- 12/04/2007 1,050,413,928 256,959,953
The
budget is available for inspection by the public in the Office of the City
Clerk of the City of Beacon, One Municipal Plaza, Suite One, Beacon, New York
during regular office hours (8:30am - 4:30pm).
A copy of the budget is also available for inspection at the Howland
Library,
All
interested persons and citizens shall have an opportunity to be heard on said
proposed budget at time and place aforesaid.
Public Hearing Comments:
Dennis
Pavelock,
Betty
DiPompo,
Clark
Gebman: The city spent an excessive
amount of money this year on the services of value consultant. I think we should hire a full time
assessor. The part time tax assessor we
have is not knowledgeable on assessing taxes.
Also, this master plan has yet to provide the required capacities.
No further comments.
Motion
to close Public Hearing: Council Member
Thompson. Seconded: Council Member Casale. All voted in favor. Motion carried.
4. To Regulate the
Public Hearing Comments:
None
Motion to adjourn Public Hearing: Council Member Foster. 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 Minutes for
The following addition in bold and underlined was requested by Council
Member Casale to be included in the
Council Member Casale: I received
a memo in my packet. Baca is not
participating in this project. This
concerns me. Also, for the record,
the Rutigliano Group wants to reiterate that this project is strictly
non-profit.
Motion
to table
Reports: Text from the
following reports for
Mayor's
Communications was read by Mayor Clara Lou Gould
City
Administrator Joseph Braun read his Report of Activities
City
Attorney Report of Activities – 1st Meeting of the Month
Mayor
Clara Lou Gould read her Report of Activities
Council
Members read their Reports of Activities
First
John
Gunn, Co-Chairperson of the Comprehensive Plan:
I want to thank the council for the opportunity to serve. The Comprehensive Plan that we prepared is not
perfect but is far superior to the plan we had and is something that we can be
extremely proud of.
Clark
Gebman: There is not one iota of benefit
to this city in this Master Plan. It is
totally biased.
Lee
Kyriacou: I want to make a comment on
the Comprehensive Plan, which I was asking for a dozen years. It was a highly collaborate process. I think the document is pretty close to being
all there. I encourage you to adopt
it. I also want to say to the mayor that
it was a pleasure working with you.
The following is a copy of the document Mr. Kyriacou
distributed to the City of
Mayor & City Council Members, City
Administrator, City Assessor
City Attorney, City Planner, Planning Board,
Building Inspector
Re: Formal Requests for Legislation and Actions
by City Administration
Dear Municipal Officials:
As property owners, my wife Elizabeth Barrett and I
have observed the planning and zoning process as applicants, and see a several
essential legislative and administrative changes. We hereby request review and action by the
city on four specific issues.
§199-10 Exemption for
Historic Properties. The City Council enacted in
1998 a property tax exemption to encourage the restoration of historic
properties. We own three historic
properties –
We hereby request the property tax exemption under
§199-10 for all three properties,
§134-12 B (4) Four Units in
Historic Overlay Zone. Properties in the Historic
Overlay Zone (HOZ) must receive approval to alter their exterior façade. In return, they are permitted additional
uses, including multi-family residential – limited to four (4) units. This limit applies regardless of the size of
the structure or lot. The current HOZ
includes much of
Our property at
We hereby request a change in the HOZ ordinance,
which would vary the number of permissible residential units with the size of
the structure and lot. We have raised
this issue to the City Council, Planning Board, Comp Plan Committee, Building
Dept and City Planner – all agreed to the concept, yet there has been no
action. In the interim, we hereby
request permission to plan and construct a fifth apartment at
Change to Less Intensive
Use. The city’s zoning ordinance requires Planning
Board review of any change of use, regardless whether the new use is of the
same or less intensity than the existing use.
Our building at
We hereby request a change of the zoning statute, to
group uses into categories of intensity (e.g. based on parking requirements),
and to give the Building Inspector the right to approve a change of use to an
equal or less intensive use – without Planning Board review. Until such statute is changed, we hereby
request a waiver from any change of use requirement that might arise from
moving a retail or restaurant use within the ground floor of
Planning Board Review
Criteria. Finally we note several questions raised at
Planning Board reviews were quite inappropriate. During façade review of
We hereby request that the paid professional staff
at Planning and Zoning Board meetings proactively manage the process and
Planning Board members, in order to maintain a legal, development-friendly,
appropriate process.
Finally, we hereby request a prompt, formal response on all these
matters. We look forward to working with
the City in resolving these matters, in ways that will promote the city’s
historic redevelopment for all citizens and property owners. Thank you.
Respectfully, Lee Kyriacou & Elizabeth A. Barrett
Owners –
Sara
Pasti, Co-Chairperson of the Comprehensive Plan: I just want to say that it was a privilege
working with the council and we could not have done the Comprehensive Plan
without all of you. Thank you for all
your support.
Shannon
Murphy: I just want to say that as a
community we can work together to achieve our goals. It is a wonderful feeling and the
Comprehensive Plan I thank the council for providing a positive
environment. Is making Beacon such a
wonderful place.
Resident: I feel that it is important to preserve what
we have.
No further comments.
UNFINISHED BUSINESS:
Resolutions:
Local Laws And Ordinances:
1. To Regulate the
Motion to table:
Council Member Gold.
Seconded: Council Member
Kelly. All voted in favor. Motion carried.
2.
Resolution No. 198 of 2007 -: Local Law No. 17 of 2007 - to amend §135-86 Garbage and Refuse. Paragraph A In Order to Add an
Exception. Second
BE IT ENACTED by the City Council of the
City of
SECTION 1. Purpose and Intent
To
alleviate a hardship as explained below:
“A”
of §135-86 that residents must store their garbage and refuse containers in the
rear of the property imposes a unique hardship on the residents of those
houses, which are situated in the middle of a row of such houses, effectively
cutting off outside access to the rear of the property.
SECTION 2. Amendment
§135-86.
(A). Shall be amended to add the following language:
“In attached housing units of three
units or more where residents have a hardship that would require the resident
to transport the garbage container through the home in order to comply with
this paragraph, an exception is created to allow residents of attached housing
units of three or more who are affected by such hardship to store the garbage
container as far to the rear of the property as possible provided it is kept in
a neat and orderly manner; and screened in a manner approved by the Homeowner
Association for such housing complex
SECTION 3. This local law shall take effect immediately upon
its filing with the Secretary of State.
Motion
to adopt Local Law No. 17 of 2007:
Council Member Shea.
Seconded: Council Member
Casale. On roll call, all voted in
favor. Motion carried.
NEW BUSINESS
Resolutions:
1. Resolution No. 199 of 2007 - Approve/Adopt Amended 2008 City of
RESOLVED, that the City Council
hereby approves, and authorizes the APPROVAL of the 2008 City of
Motion
to approve/adopt Amended 2008 City of
Discussion:
Council
Member Gold: I want to say that I am
pleased that the budget is as low as it is.
It is actually in the negative.
With the revaluation, many homeowners have an increase in their taxes
and this will help to lessen the burden of the higher assessment. I thank Joe Braun for his getting the budget
down to what it is and I recommend that we approve the budget as it is.
Council
Member Kelly: Asked about the $700,000
for the fund balance.
City
Administrator, Braun: We typically use
that for onetime expenditure items that occur.
Council
Member Casale: Regarding the Recreation
Director, in the charter, there is no mention of a Recreation Director. In the charter it refers to clerical. Unless this is corrected, I cannot vote
"yes" for this budget. Also,
regarding the water increase, which went up quite a bit from last year.
City
Administrator Braun: That number has not
been finalized yet.
Council
Member Casale: Regarding our contract
and the cost with
City
Administrator Braun: We were told that
we get more than others. I recommend
that we have a one-year contract.
Council
Member Gold: Regarding the Recreation
Director for full time - we need to clarify with CSEA as to whether this is
clerical.
Council
Member Thompson: I called
Council
Member Casale: The council should not
vote on something that is not in the Charter.
I would like to request that we go into Executive Session after the
workshop and discuss this then we can go on from there. I would like to discuss the hours that she
claims she works with no one to vouch for these hours. This council knew for seven months that the
charter should have been changed to accommodate this position but did not address
it. Right now I am not voting on the
budget with that position in there.
Council
Member Kelly: We have to separate the
issue as to whether we are paying the person for 25 hours and there is no
objection to holding her accountable for those 25 hours. As for a Recreation Director, the charter
should be changed. This person may or
may not be the person who is now working 25 hours.
Council
Member Casale: Most people who work for
the state work 35 hours for full benefits.
Are we going to pay someone full benefits for working 25 hours? Can we pro-rate the benefits?
Mayor
Gould: No. That is New York State Law.
Council
Member Thompson: This person took the
position as Recreation Director and not as a Clerical position.
Motion
to approve 2008 Budget: On a roll call
vote, there was five “yes” votes and Council Members Casale and Thompson voted “no”. On role call of five in favor and two
against, motion carried.
2. Resolution No. 200 a. and
b. of 2007 - City of Beacon
Comprehensive Plan - Adoption of a
ATTACHMENT
NEGATIVE DECLARATION: REASONS SUPPORTING DETERMINATION
Proposed
Action
The “Proposed Action” is the
adoption of a
a.
Preserve
environmentally significant features and create an adequate open space system
to ensure the protection of water related resources, wildlife, and land forms
of particular environmental value.
b.
Encourage the preservation of historically and culturally significant buildings, landscapes, and neighborhoods.
c.
Ensure the
continued racial, ethnic, age and economic diversity of the population by encouraging a wide range of housing
choices, with attention to affordability, existing neighborhood character
and relative increases in density.
d.
Encourage a vibrant business community in harmony with existing commercial and industrial areas throughout the
community.
e.
Maintain and improve City utilities, emphasizing environmental
protection, health, safety and inter-municipal
cooperation.
f.
Provide community services for all age groups consistent with the
economic growth of the City and its available resources, including a
recreational open space system and
regional facilities.
g.
Maintain the character of established neighborhoods, protect and preserve sensitive ecological areas and encourage the
development of the Central Business District, the Waterfront/Train Station area
and underutilized industrial sites along Fishkill Creek.
The Proposed Action contains
specific objectives and recommendations to guide future growth, preserve important environmental resources, and improve the
quality of life of the residents, workers, and visitors in the City of
Analysis
and Reasoning
1.
Environmental
Resources. The Proposed Action
presents multiple policies for environmental
protection. These policies include: limiting development to the areas
most capable of supporting it; protecting open space corridors for wildlife habitat and passive recreation; regulating
development in or adjacent to floodplains, wetlands, steep slopes and
ridge lines; and encouraging or requiring new
buildings and other new construction to meet ‘green’ standards. These policies are essential for protecting local
biodiversity and ensuring the long-term sustainability of the City and
the quality of life of its residents.
The Proposed Action is
beneficial to and protective of the environment and is not expected to have any
significant adverse environmental impacts.
2.
Historic
Resources. The Proposed Action
presents policies and recommendations for the protection of historic resources.
These policies include: creating new incentives
for the preservation of historic buildings; updating local Historic District
regulations; designating additional historic places on the State and National
Registers; and supporting the work of the Beacon Historical Society.
The
Proposed Action is beneficial to and protective of historic resources, and is not expected to have any significant adverse
environmental impacts.
3.
Population and
Residential Development. The Proposed
Action establishes goals and objectives to: provide housing choices to a wide
variety of income levels, preserve the existing density and settlement patterns
within established neighborhoods and encourage housing development. The
Proposed Action specifically encourages age-targeted housing, senior housing,
and assisted living facilities to meet the
needs of a growing senior population. The Proposed Action also calls for
green building standards for residential construction. The Proposed Action includes recommendations to regulate lot
and dwelling sizes in order to ensure
that new single-family housing is consistent in size and scale with existing established
neighborhoods. Finally, certain residential, religious and conservation areas will be reduced in regard to potential
density, in order to prevent urban sprawl and preserve the small-town
character of the City.
The
population and residential development goals, objectives and recommendations of the Proposed
Action are not expected to result in any significant
adverse environmental impacts.
4.
Commercial, Office and Industrial Development. The Proposed Action establishes objectives to support the goal of encouraging a
vibrant business community in harmony with existing commercial and industrial
areas. In addition to recommending increased density on
The Proposed Action is not expected to result in any
significant adverse environmental impacts
with respect to this subject.
5.
Water Supply
and Sewage Treatment. A goal of the
Proposed Action is to maintain and improve the City’s water, sewer and
stormwater infrastructure to enhance environmental
protection and public health and safety. The water supply and sewage
treatment objectives include: separating stormwater flows from the sewer system; reducing site-specific stormwater impacts
of existing and new development;
replacing water mains; and planning for infrastructure improvements.
The Proposed Action is beneficial to and protective of
the environment and public health, and is
not expected to have any significant adverse environmental impacts.
6.
Recreation and
Community Facilities. The Proposed
Action will provide for a complete range of recreational, cultural and
community service needs as the City continues to grow and develop. The
recreation and community facility objectives aim
to ensure recreation access and opportunity, maximize existing facilities, develop
a greenway and recreational open space plan, promote arts and culture,
anticipate future needs and create a new youth/community center.
The
Proposed Action is not expected to result in any significant adverse environmental impacts in the area of recreation and
community facilities.
7. Land
Use. The Proposed Action represents the continuation of most existing land uses, including established
residential neighborhoods near
The
Proposed Action promotes certain land use changes to maintain the character of
established neighborhoods, protect and preserve sensitive ecological areas, and
encourage the development of the Central
Business District, the Waterfront/Train Station area and underutilized
industrial sites along Fishkill Creek. This involves allowing greater residential
densities on
The Proposed Action is not expected to result in any
significant adverse environmental impacts
in the area of land use.
Therefore,
the Proposed Action is not expected to have any significant adverse impact to the environment.
Conclusions
In summary:
·
The Proposed Action does not involve site-specific construction or
development activity.