Minutes

City of Beacon Council Meeting

September 17, 2007

 

REGULAR MEETING

 

The regular meeting of the City of Beacon Council held at the Municipal Center, One Municipal Plaza on September 17, 2007 was called to order at 7:30 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.

 

Council Members in Attendance were:            Clara Lou Gould, Lee Kyriacou, 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 at beginning of meeting:                  65

 

Mayor Gould asked for a Motion to Enter Executive Session at 7:30 p.m.:  Possible Litigation: Council Member Thompson.  Seconded:  Council Member Shea.  All voted in favor.  Motion carried.

 

Motion to End Executive Session:  8:30 p.m.: Council Member Foster.  Seconded:  Council Member Kelly.  All voted in favor.  Motion carried.

 

Public Hearings:

 

1.  Authorizing the Submission of the Fiscal Year 2008 Dutchess County Community Development Block Grant Program Application.  Read by City Attorney, Gerard Pisanelli:

 

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, September 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 Resolution Authorizing the Submission of the Fiscal Year 2008 Dutchess County Community Development Block Grant Program Application.  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.

 

Public Comments:  None

 

Motion to end public hearing:  Council Member Thompson.  Seconded:  Council Member Gold.  All voted in favor.  Motion carried.

 

2.  Restore New York Grant Application for Long Dock Beacon Application.  Read by City Administrator, Joseph Braun.

 

NOTICE OF PUBLIC HEARING

The City of Beacon will hold a Public Hearing to discuss the Restore NY grant application and the Property Assessment List (included below) to be submitted for the Long Dock Beacon Project. The Application and Property Assessment List to be discussed will be included in the Restore NY application, which is seeking grant funds to be utilized in support of the Long Dock Beacon Project. The Restore NY application must be submitted by September 28, 2007 to the NYS Empire State Development Corporation.

 

The Public Hearing will be held on September 17, 2007 in the Beacon Municipal Building at 7:30PM.

Part 5 – Property Assessment List                                                               

 

Municipal Name

City of Beacon

 

Project Name

Long Dock Beacon – Hotel and Conference Center

 

 

 

 

#

 

 

 

 

Site Name /Address

 

 

 

 

Sq.Ft.

 

 

R - Residential

C – Commercial

* see definitions

DM - Demolition

DC - Deconstruction

RH -Rehabilitation

RC –Reconstruction

* see definitions

 

1.

8 Long Dock Road, Beacon, NY

Tax ID No.  5954-32-488835

3.49 Ac

C.

DM

 

 2.

8 Long Dock Road

Tax ID No.  5954-32-488835

3.49 Ac

C

RC

 

3.

12-25 Long Dock Road, Beacon, NY

Tax ID No. 5954-32-481822

3.44 Ac

C.

DM

4.

 

12-25 Long Dock Road, Beacon, NY

Tax ID No. 5954-32-481822

3.44 Ac

C.

RC

5.

 

Dennings Ave.- Rear

Tax ID No. 5954-41-537725

17.8 Ac

C.

DM

6.

 

Dennings Ave.- Rear

Tax ID No.  5954-41-537725

17.8 Ac

C.

RC

 

Hearing Public Comments:

 

Matthew Ruddikoff of Longdock:  We want to encourage the council to authorize this application.  This will make funds available to the community.  We have worked with Beacon's grant consultant.  We want to thank the City for what you have done and we continue to need your help.  We appreciate the City's support and ask that you look favorably on this request.  We are continuing to pursue HUD for financing.  The grant application is due September 28, 2007. 

 

Mayor Gould announced that the grant writer was available to answer any questions from the public.  There were no questions.

 

No further comments.

 

Motion to end public hearing:  Council Member Shea.  Seconded:  Council Member Gold.  All voted in favor.  Motion carried.

 

Council Meeting Minutes:

 

Mayor Clara Lou Gould asked for a motion to approve the following Council Meeting Minutes:

 

Special Meeting           August 27, 2007

Council Meeting – September 4, 2007

 

Motion to approve minutes:  Council Member Foster.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Text for the September 17, 2007 Reports is at the end of these minutes:

 

Mayor's Communications read by Mayor Clara Lou Gould.

City Administrator Joseph Braun  - No Report

City Attorney 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

 

Resolution regarding Trees Project

 

Mayor Gould read a resolution from Council Member Kyriacou’s computer written by him regarding the Trees on Main Street Project.  She requested that it be added to tonight’s agenda so that it can be included under Public Comments pertaining to This Agenda Only so that the public can make their comments.

 

Motion to add to agenda as Resolution No. 3 below:  Council Member Kyriacou.  Seconded:  Council Member Kelly.  All voted in favor.  Motion carried.

 

The Mayor also made an announcement that she will take names at the end of this meeting of those interested in being on the committee.

 

City Attorney Pisanelli:  The contractor is willing to work with the city.

 

Public Comments:  Pertaining to This Agenda Only (This now includes the Trees Resolution)

 

City Attorney Pisanelli:  Because of the large number of residents that want to speak this evening, we are limiting each comment to one minute.

 

Shelly Tween, 46 Buchanan Street read the following comments:

 

These are my requests/questions/grievances:

 

1) Please reveal the job/professional title of each member of the tree committee:
Chair, Norm MacLeod, Title:
Jay Vaughn, Title:
Anthony Tomaselli, Title:
Who selected the members of the tree committee?
What is the name of the company that holds the tree contract? What is the contact name?
How long has everyone on the tree committee known each other and known the administrator that arranged the contract?

2) I ask that Mr. MacLeod release his report on the case for each and every tree that was felled. What is the exact disease, the amount of disease and/or damage to sidewalk?

3) Why did the entire city council choose to omit Lou Sebesta off of the tree committee? Why were his recommendations for saving the trees by alternative solutions such as paver stones ignored?

4) I ask that Mr. Sebesta be made the new chair of the committee and report directly to the Mayor and the City Council.

5) At the city council meeting 2 weeks ago, why was Administrator Joe Braun unable to tell us about the number of trees to be cut or any details of the contract? This lack of attachment to the details of his responsibilities has proven reckless.

6) At the July 2 city council meeting Mr. Braun announced "each year 2 blocks of overgrown trees will be removed and replaced until all of Main Street is completed"

Why the disconnect between this report to the city council and the contract that was created? On the present contract 2 blocks of trees were to be clear cut each day!

7) This accelerated demolition of trees was not presented before the city council, neither was the exorbitant number of trees that were to be cut -- 55 trees in all. At the city council meeting on September 3rd, Phil Shea said that 55 was not the number of trees he would have approved, neither would he have approved 22 trees. He thought the number of trees was going to be 'way less' for the entire Main Street.

8) The administrator proceeded without informing the city council and without taking into consideration the intention of the resolution championed by Steve Gold to protect all the trees except those in danger of disease/falling/harmful to public safety.

9) Needless taxpayer dollars have been squandered. The contract has an exorbitantly high delay fee that is costing taxpayers each day of this fiasco.

10) The nature of the planting of the new trees is in violation of proper tree handling and puts the City of Beacon's investment of new trees in serious jeopardy. This is enough to render the contract null and void. This would release us from any financial burden.

11) The lawyer for the City of Beacon needs to advocate on behalf of the taxpayers and get this contract voided immediately.

12) If the monies lost by the city would come directly out of Mr. Braun's salary, I believe he would be motivated to find a way to void this contract with the tree company with which he holds a direct relationship.

13) I believe Mr. Braun was negligent. Knowing the resolution and the intention of the resolution to then commit to cutting 55 trees without further consultation with the city council warrants the possible removal of Mr. Braun from his involvement with the city.

14) It is a shame that the City of Beacon needs to suffer this scandal, this heartbreak. This city and its leadership has diligently struggled for achievement while as a steward of the city, the administrator took it upon himself to disregard the welfare of this city and created destruction.  Signed by Shelly Tween

 

Mayor Gould:  You are quoting wrong information.

 

Randy Casale:  I do not want you to lose focus.  I want you to know how the city government is run.  This administrator plus this council had the contract that was approved voted on by the council based on the information they had.  I don’t know what Goldee Greene wrote in the newspaper but I’m sure when they voted to spend $394,000.00 it was fair and blueprint free before this administration has a contract that was voted on by the council.  I’m also sure before they voted a lot of work was done.  This is not a kangaroo court and Goldee Greene should have given the right information to the newspapers.

 

Tony Uber, 255 Main Street:  I am a taxpayer.  I want to know if the people that complain are taxpayers.  I have two trees on my property that are ready to fall down.  They need to be cut down.  Before they kill somebody, I would like them removed.

 

Pamala Wieder-Bier, 304 Main St.: I have owned a business for 11 years.  I have watched my sidewalk that went from a level sidewalk to a safety hazard.  I watched a young woman who was walking in front of my building as she fell face down.  She was taken to the hospital.  I saw her a month later.  She was seriously injured and had to have an operation.  No less than five people fell into my driveway.  In addition, will the tree roots affect the fire hydrant that is there in the event of a fire?

 

Susan Wisniewski, 10 Dinan Street:  I am an architect.  I think it is good that you are getting this committee but I don't think you are giving them enough time.  I think this needs to be studied more carefully.  We should wait until after January to do a complete plan.

 

Resident:  I do like trees.  They should be pruned and cultivated.  If Beacon had such a plan we would not be in this predicament.  Many times you need to rely on the expertise of others.  The time to ask questions was before the contract was awarded.

 

Whatever decision you make you should try to curtail additional expenses.

 

Tom Baldino, 19 North Street: During the last couple of days I noted spray paint on the sidewalks.  I believe that those are the areas that are going to be torn up.  There are places where the spray paint boundaries where the sidewalks are raised only 5/8 of an inch.  Future problems with heaving are those plans that should be modified.  The sidewalk is not going to be relatively free of danger.

 

Hank Dutch, 98 Spring Valley St.:  I am a resident.  I pay taxes.  The council represents the people.  I think you are cutting these trees down a little too quickly.  The sidewalks should be addressed.  I do not want to see the people that represent us running around with a blank state of mind.  You can find ways to deal with these contracts.  I suggest that you slow down the process.  Put a stop on this contract.

 

Nicole Ashley: I concur that the contract should not dictate what you do.  We would like a copy of the contract and will seek legal advice if we have to.  Megan Sheramata, a forester that I know has written the following comments:

 

Hi there, I just wanted to email a few comments. I only learned of the recent discussion after seeing a sign posted in a store after a horrifying walk down Main Street yesterday. I have some professional comments to make about the work I have seen in Beacon lately, and hope it will help you at your info session tonight. I have an evening class (I am student at Columbia now).

I have worked as a professional forester for 10 years and an urna forester for 5 years, and have rarely seen such shoddy tree planting work as I have seen this week. As I understand it, this kind of tree removal issue is common, and unless you have a knowledgeable person review contracts prior to removals, many, many tree companies will over cut to make some cash. Given the very damaging pruning work I have seen on Main Street in recent years, I am not surprised to have found our city stuck in this situation.

In terms of the current planting job, however, I hope that these comments can be included somehow in the discussion. I am only too sad that I cannot be there. There are professional standards for tree planting work, and this contractor is not following them. What I see them doing that will ultimately harm the trees and likely cause their death over the next few years are, in order of threat to the trees' survival:

1) The trees are being planted too early. No trees in Beacon should be planted before the leaves have dropped (or "hardened off") for the winter. Period. This alone indicates to me that this is a shady company. This alone can kill the trees.
2) There is burlap around the root ball of the tree. This was not pulled back. According to any basic tree-planting test, this burlap MUST be pulled back; otherwise it inhibits the ability of water to get to the root ball, thus starving the plant of needed water. This alone could kill the tree, too.
3) The trees were not planted in soil, but in fill!! Soil has a balanced mix of organic matter and air, along with minerals. Fill is considered "dead" and should never be used as a planting medium. This alone can kill the tree.
4) The trees have been planted too deep. This is serious and can kill the tree.
5) The trees were lying out in the sun at time of planting. They should have been tarped. This can cause serious damage to the tree.
6) The trees did not appear to be watered at time of planting, nor were they mulched. Neither were they staked. This is basic tree care.
7) No contractor should place construction material in a tree pit. This compacts soil and contributes to tree decline.

The company clearly is not professional and I would say that they do not have much of a leg to stand on in terms of their inability to perform even a mediocre job in this tree installation. I have worked with numerous contractors, and find that without very defined specs in their contract, they will not do a professional job unless they are a highly reputable company - hard to find up here. However, I have NEVER seen such a poorly executed job, and I have worked on hundreds of jobs.

If anyone would like any help setting up contracts with a tree-planting contractor in Beacon, I do forestry consulting. Normally I charge a few hundred dollars a day, but in this case will help you out for free if it will help you set up a proper contract to ensure that the trees that go in are soundly installed. You need specs defining tree installation requirements, tree care, and after-care.

If Beacon wants to do an urban forestry plan, I am available to coordinate something like that, but I would have to do it for a fee for it takes a considerable amount of time and resources. I have worked on a number of plans, have references and live in the community. Such a plan could help prevent disasters like this, and help ensure that Beacon retains a strong, living canopy cover that meets the interests of businesses and residents alike. It could also address issues like the Route 9D work, which I fear has caused damage to trees that will result in trees falling in 2 - 4 years from now.

My name is Megan.  If you want to talk more about a forestry plan or, if you only want advice on this predicament and working through existing contracts, I am available this Thursday or Friday. Beacon has two urban forestry professionals living in town - myself and Lou Sebesta. Between us, there is a great deal of experience with trees. I hope the community relies on us, for we both love the city and its trees.

I am sorry I cannot make it tonight.   Megan Sheramata


PS: I should comment on Tree City, which is getting a great deal of attention in the recent discussion, I have noted. While Tree City is a good way for cities to begin paying attention to trees, it does not guarantee a favorable urban forest all on its own. Tree City enables communities to start paying attention to trees. It is primarily a tool to get people interested and working on planting trees and allocating funds to forestry. Over time, though, cities need to invest in professional resources to establish goals, inventories of existing trees, procure of sound contracts and set long-term maintenance and tree planting plans. These plans and professional resources help cities allocate funds, apply for grants and deal with their trees proactively. Tree City just gets you started. I think Beacon does not necessarily need a city forester, but it does need something more than Tree City.

 

Nicole Ashley:  This alone indicates to me that this company is shady.  A group of people will read the report. 

 

Robert Brush, 22 High Street:  What has been done from last week to now?   What did you research about the contract?  What did we come with from last week to now?

 

Lou Sebesta:  I am a forester for free. (He then listed his credentials.)  I am frustrated.  I have consulted with the city and supervisors for ten years on how to deal with these trees.  The fact that these trees are diseased, dying or dangerous is not true.  The trees that are being planted are not good trees.  None of those trees are going to provide shade.  I have given the council information on how to fix the sidewalks.  I can help you to fix the sidewalks and save the trees.  There are some trees that are dead and need to come down.  You can have a good design to save the trees.  The material that is being used to plant the trees in will not grow trees.  Trees are like people.  They need to live, eat and drink water. 

 

Tony Brown: I would like to make a recommendation that since the contractor is taking down the wrong trees, he should be stopped.

 

Justin Riccobono, 15 Ralph Street:  I do care about trees.  I think the contract can be voided out.  A great deal of people in this room are concerned.  We should form a committee to see that these things are not done.  I would never agree to sign a contract where I would have to pay if the process could not work.

 

Gary Wood, 110 Anderson Street:  I own a building Main St.  I have some information from Cornell that I will leave with the council.  I think a lot of the trees should come down.  If we are going to do it we should do it correctly as shown on the brochures.

 

Deborah Bigelow, 291 Main Street:  I have been urging anyone on the city council to take the trees down in front of my building.  I love the tree but it is damaging my building and heaving the sidewalk.  People fall and sometimes right in front of me.  It is not safe for pedestrians.

 

In the interest of time, Mayor Gould asked for a motion to stop public comments Council Member Thompson.  Seconded:  Council Member Kelly.  All voted in favor except Council Member Kyriacou who voted "no".  On a vote of six (6) “yes” and one (1) “no”, motion carried.

 

No further comments

 

UNFINISHED BUSINESS

 

Resolutions:

 

1.  Resolution No. 149 of 2007 - Authorizing the Submission of the Fiscal Year 2008 Dutchess County Community Development Block Grant Program Application.  Read by City Administrator, Joseph Braun.

 

WHEREAS, the City of Beacon is participating in the Dutchess County Community Development Consortium for Fiscal Year 2008, and

 

WHEREAS, input from citizens and groups has been received and considered, and

 

WHEREAS, an application has been prepared which addresses our community concerns.

 

NOW, THEREFORE BE IT RESOLVED, that the Dutchess County Community Development Consortium Fiscal Year 2008 application for the City of Beacon including the certifications included therein by and hereby is approved.

 

BE IT FURTHER RESOLVED, that the submission of said application to the Dutchess County Department of Planning and Development he and hereby is authorized.

 

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

 

2.  Resolution No. 150 of 2007 - Authorize the Mayor of Beacon to apply for and Accept Funds - Apply for a Restore New York Communities initiative Grant from Empire State Development Corp for the Long Dock Beacon Project.  Read by City Administrator, Joseph Braun.

 

RESOLVED:  That Clara Lou Gould, as Mayor of the City of Beacon, is hereby authorized and directed to file an application for funds and accept said funds from the Empire State Development Corporation’s Restore NY Communities Initiative in an amount not to exceed $2.5 million for the Long Dock Beacon project.  The City affirms that this project is consistent with its Local Waterfront Revitalization Program and Comprehensive Plan, that the proposed financing is appropriate for the project, that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources, and that the project develops and enhances infrastructure and facilities in a manner that will attract, create, and sustain employment opportunities.  

 

Motion to Authorize and Accept Funds:  Council Member Thompson.  Seconded:  Council Member Shea.  On roll call, all voted in favor.  Motion carried.

 

3.  Resolution No. 151 of 2007 - Resolution for trees:  Read by City Administrator, Joseph Braun

 

WHEREAS, there has been overwhelming community expression of concern regarding the contract for Main Street tree and sidewalk replacement, and;

 

Wher