Minutes

City of Beacon Special Council Meeting (Prior to Workshop)

September 24, 2007

 

SPECIAL MEETING

 

The Special Meeting of the City of Beacon Council held at the Municipal Center, One Municipal Plaza on September 24, 2007 prior to the workshop at 7:00 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.

 

Council Members in Attendance:                     Clara Lou Gould, Lee Kyriacou, Charles Kelly, Phil Shea and Steve Gold.

 

Excused:                                                          Elizabeth Foster and Eleanor Thompson.

 

Also in Attendance:                                         City Administrator, Joseph Braun

                                                                        City Attorney, Gerard Pisanelli

 

Media represented by:                                     Goldee Greene, Beacon Free Press

Leigh Gomez, Poughkeepsie Journal

 

People in attendance at beginning of meeting: 15

 

PRESS RELEASE

 

Date:          Monday, September 24, 2007 PRIOR TO WORKSHOP

Time:         7:00pm

Place:         Municipal Center Courtroom

                  1 Municipal Center

                  Beacon, New York 12508

 

City Council, City of Beacon will hold a special meeting on Monday, September 24, 2009 at 7.00 p. m., prior to the scheduled workshop.

 

The purpose of the meeting is to determine whether any changes to the Main Street Sidewalk contract are required and to vote on any changes, in order to avoid delays in the contracted work and resulting possible financial penalties.

 

The project includes removal and replacement of trees and in response to community request, the Council at its last meeting authorized the Mayor to appoint an ad hoc committee to do another review of the trees currently marked for replacement. The committee will report back to the Council with their recommendations on the next section of work slated to be done. The Council will then discuss their views and make their decision at the special meeting on Monday.

 

Other sections of the project will be reviewed by the committee in a timely fashion, with reports to the Council so that any action required can be taken at regular meetings.

 

Public Comments:

 

Jerry Landisi 134 N. Walnut Street:  Have we started to incur any penalties on the Tree Project.

 

Engineer Art Tully:  Work is still continuing and will stop on Friday.

 

Jerry Landisi 134 N. Walnut Street:  Is the number of trees to be removed and planted - How much will each tree cost.  What will the penalty be for the trees that were not pulled? 

 

Engineer Art Tully:  I am not sure if there is a penalty for that.  The contract was written for a certain number of trees.

 

Perry Pendleton:  If you got a letter from the contractor that he stopped working, isn't the contractor in violation?

 

Engineer Art Tully:  It was not his idea.  The contractor was told by the city that he could stop cutting the trees but he can work on the sidewalk.  He said that he couldn’t work on one without working on the other.

 

Nicole Ashley:  Thank you to the council for being flexible.  Regarding the contract.  In the contract Mr. Tully is stated as the engineer.  He holds a lot of power.  If we are to stop or change work, is it up to the engineer and the contractor to negotiate the price?

 

Engineer Art Tully:  If there is a change that is required a change order must be submitted.  The council approves or disapproves change orders.  I represent the city on this project but the city makes the decisions.

 

No further comments

 

Ad Hoc Committee Report:  Naomi Sachs, 55 South Brett emailed to me the following information to be added to comments:

 

Subject: Re: Notes from 9/20 walk-through

 

From Ad Hoc Committee Member Gary Wood

 

I would like to add some comments to the notes and have this placed read at the meeting on Monday if possible.  I feel the walk-through also was productive but feel the meeting slipped away from the original reason the work was to be performed. The intention was more to create a safe environment for pedestrian traffic than to dispose of grown trees. Most if not all of the poor sidewalk conditions were all sited around the existing trees, due to the root growth of larger specimens. The Norway Maples and the London Planetrees were the most immediate culprits.  The sidewalk lifting was caused by the tree roots on these trees.  In many areas it was clear the sidewalks have been repaired recently and have lifted once again.

 

The removal of the Maples was a unanimous vote while certain Planetrees were the most argued over.

 

My feeling is the Planetrees, which we agreed were infected with Sycamore Anthracnose and powdery mildew (both common in the species) should all be removed for the following reasons: The Diseases will slowly degrade the tree and open it to other pathogens as a depleted immune system will do in humans. (See the trees between Teller and Veterans Place).

 

          The trees are very large and out of scale for the width of the sidewalks.  The tree has a root system that wants to be allowed to grow 2 to 4 times the width of the trees crown. (This is an agreed upon fact) Most roots are in the top 2 feet of soil.  (http://www.forestry.iastate.edu/topics/misc/roots.html)    Because the area around the trees is compacted from traffic and construction tamping this will cause the roots to mound around its base over its entire lifespan.  Because of this the Planetrees are top heavy with a root system only supporting two side of the tree. A heavy windstorm will cause the tree to sway, which stresses the roots and shifts the concrete over time.  Two trees on the corner of Main and North Walnut are enclosed by pavement and buildings on three sides further reducing the available space for root growth.

 

Many of the Planetrees are growing at angles (leaning into the road), which again stresses the roots on the one side of the tree with the crown acting as a lever.

 

The tree has a large leaf, which causes a higher wind resistance.

 

Many of the Buildings on Main Street have stone foundations, which are pressured by the roots.

 

Several of the trees are close to facades the entire height of the building, which will impede fire rescue.

 

In this environment this particular species will continue to uplift the sidewalks as they have been doing for years.

 

The City Council is responsible to the taxpayer to spend their tax dollars wisely and not to repeat throwing money at the same problem every several years.  Once again the patchwork of concrete around these same trees was obvious on our walk. I'm sure the highway department has records of past attempts at re-pouring concrete around the same trees in an attempt to keep a safe pedestrian environment.  Mounding the concrete as was suggested by one resident will solve the problem temporarily but will return in the not to distant future.  I have a strong belief in keeping the Urban environment flush with appropriate plant material and feel the operative word in this discussion is appropriate and feel many of the street trees planted in the past are not suited to their location in this instance.

 

I have a Bachelors degree from Cornell University in Ornamental Horticulture, I studied in the Landscape Architecture program at The Forestry School at Syracuse University, and I studied at City College in a dual Landscape Architecture and Architectural degree program. I have been in the Construction business for 25 years.

 

Thank you for the opportunity to serve on the committee.

Gary Wood

The following is from Naomi Sachs dated Thursday, September 20, 2007 addressed to Beacon Mayor with CC to City Administrator, Joseph Braun and City Attorney, Gerard Pisanelli:

 

Notes on 9/20/07 Walk-through

 

These are my notes from our meeting today. Sorry if I've omitted anything or anyone, it's late and I just got home from meeting with Megan and Lou.

 

Present were:

 

Engineer Art Tully, Jaye Vaughn, Norm MacLeod, Zep Thomaselli, Naomi Sacchs, Lou Sebesta, Megan, Sheremata, Terry Brown, Gary Wood, Pamela Bier, and Clara Lou Gould.

 

Overall, what we are trying to do is make decisions on a two block basis so that the work crews can move forward, carrying out the contract, but with us having more control over what trees stay and go, how they are planted, how the sidewalks are treated, etc.  We have made a date to meet again next week on 9/26, 5:00 p.m. to do the next two blocks, east of South Brett.  Group met at South Elm and walked the two blocks, on north and south sides of street, between corner of South Elm and South Brett streets, looking at condition of existing trees and pavement and discussing what trees should stay, what should be removed, what the pavement treatment should be, what new trees should go in as replacements. For the entire section walked, tree removal was decided as a group; after the meeting, Megan, Lou, and I stayed on to discuss specifics about pavement treatment and tree planting.  Overall, of the nine trees that were originally slated to be removed and replaced, only three now are still slated to be removed and replaced. In two cases this was because the trees themselves were diseased and/or dangerous, and in the last case because the tree was causing major sidewalk heaving that could not be remedied without major cost to the city, now and possibly still in the future. I gave my speech about mature trees offering higher economic (not to mention environmental) value to a city, and it was taken into consideration, but in some cases the tree really was wreaking havoc on the sidewalk and creating a bad situation (for pedestrians as well as drainage problems).  It was a tough call, and was decided by a vote (a vote was held any time there was not a unanimous agreement - sometimes the "keep the tree" people won and sometimes the "take out the tree" people won).  Megan Sheramata is now working on getting specifications, details, and other important information to Engineer Art Tully, by tomorrow if possible, so that he can get going on the change order and on telling the work crews how to move forward. These will include:

 

1. Planting specifications that define such important factors as planting depth, soil medium, time of planting, stock selection, stock handling, etc.

2. Paving specifications and details

3. Tree species recommendations for new trees (several areas where there are no trees now) and replacement trees 

 

The group decided that instead of spending money for costly and problematic tree grates, the City should instead continue the brick paving that it has been doing on the west end of town: the sidewalk area next to the buildings will be concrete, and the strip between the street and the "walking" sidewalk area, which is where the trees are planted, will be a running bond brick pattern laid on sand which is permeable and is better for the trees and for the environment and still safe for pedestrians.  This will give a nice sense of visual and physical continuity to our streetscape. The City will issue a change order for this, based on Megan's submitted specifications.

We also discussed the need for pruning all of the trees that will remain, and Lou, Megan, and I are going to submit a list of arborists for the City to get bids from for pruning all along Main Street. By state law, the City is bound to go with the lowest bidder on a project, so we stressed the importance of making sure that the bidders you start with are all good, solid companies so that you don't pay for it after!

Furthermore, Lou recommended that for "fine pruning," especially, like limbing up newly planted trees if their branches are too low, instead of relying on the guys planting the trees to do that pruning, it would be a very good idea to have Lou train a citizen's group to do this pruning - he has done so in the past with other towns and municipalities and it has worked very well. This way, also, you are empowering community members and fostering a sense of stewardship for the streetscape. Along those same lines, we talked about the need for a good maintenance plan for the existing and new trees - Terry mentioned that someone goes along with a truck and waters all of the hanging baskets along Main Street - why couldn't they water the trees at the same time? Well-maintained trees = healthy trees = less money spent by us taxpayers and everyone is happy!

Megan has the list of specific trees (what's staying, what's going, what is replacing, etc.), so maybe when she sends her recommendations on to Engineer Art Tully, she can cc the group?

Thanks to everyone who was out there today. We had differences of opinion and it wasn't always easy, but I think we worked well together as a group, respected what each other had to say, and worked together to find the best solutions for our beautiful city, keeping it true to its Tree City USA designation!  Best regards, Naomi

 

The following was sent by Mayor Clara Lou Gould to all council members, Engineer Art Tully, Beacon Highway and members of the ad-hoc tree committee dated September 19, 2007:

 

As you know, the Council passed the resolution for the Ad hoc committee with specific categories to be represented, and with respect to the community representatives I have tried to fill those to include different areas of Main Street.  Specified categories as listed in the resolution, and the people named are City Engineer - Art Tully, Highway Dept. Superintendent - Zep Thomaselli.  At least one City Council members - Phil Shea and Charlie Kelly, Up to two community members ...with expertise in trees and landscaping - Naomi Sachs, Megan Sheremata Up to 2 community members who have expressed opposition to original contract - Terry Brown, Nicole Ashley Up to 2 community members who have expressed support for original contract - Gary Wood, Pamela Bier Jaye Vaughn and Norm MacLeod, members of the Tree Board who were part of the evaluation process have agreed to come along as well, to pass on their information from previous surveys/evaluations. And since Norm is temporarily on crutches, he's agreed to do the walk in a wheelchair, which should be helpful in showing the ADA concerns.  You'll be meeting at South Elm by the County Parking Lot (drivers can park there) and there will be some information handed to you.  I'm sorry Lou Sebesta can't make it on Thursday, but unfortunately the Council members couldn’t make it on Wednesday, so we're glad we have Megan and Naomi to fill that category.  And Gary Wood has also had Cornell training, which should be helpful.

Because of the size of the group I've notified the police that you will be out there. And the weather is supposed to be good.

Thank you again for your help. You are aware that the resolution specifies that your report has to be in the office here on Friday in time to go out to the Council and thanks for meeting that challenge.  Clara Lou Gould

Comments

 

Engineer Art Tully:  It was not a construction process.  He would have to come back at a later date to do the trees.  He shut down the job and is waiting to hear from us.  I recommend that we continue to pursue the changes and submit a change order.  Second, talk with the contractor to see if he could shut down the job for the winter until we have time to evaluate what has been discussed and begin again in the spring.

 

Council Member Kelly:  In terms of the original plan, the next step would be another two blocks.

Engineer Art Tully: yes. 

Council Member Kelly:  How many blocks do we have after that?

Engineer Art Tully:  I think two more.  We would like to have the whole thing decided.  It will take time to do the specifications for a change order. 

Mayor:  The committee will have to continue to get their evaluation. 

Engineer Art Tully:  We will have to evaluate every tree as we go along. 

Council Member Kelly:  Originally we had 51 trees.  Are you 50% done as far as the trees go?  I would not want to see the city pay a penalty.  I hope you can work something out.

 

Mayor Gould:  We should know how early in the spring.

 

Council Member Kyriacou:  Have we discussed the option of not telling them what to do?  Did they respond that they did not want to do two-week sections? 

 

Engineer Art Tully:  I did not discuss this with them.

Council Member Kyriacou: If we can get work done now in terms of a penalty it would be quite small.

 

Deborah Bigelow, 291 Main St.:  I am concerned because the tree near my building is destroying my building.  I cannot go through another winter.  I am concerned that the tree in front of my building is not coming down.

 

Mayor Gould:  Will it be possible to take down the tree without taking out the roots?

Deborah Bigelow:  The roots are the problem.

 

Council Member Kyriacou:  The problem is not removing the number of trees that were originally targeted.  I would like if possible to do the work that this committee has done.  I would like us to that to make things happen.

 

Council Member Shea:  I don't know why we cannot do the sidewalks and cut the trees that we already agreed on.

Engineer Art Tully:  We have to do something to leave that area safe.  I am trying to condense this down and talk to the contractor and get a price.

 

Naomi:  In terms of what art was saying.  Two good reasons for waiting for the spring:  The trees do better when planted in the spring.  The second reason to wait is just have more time to really look at the whole plan instead of looking at two block sections.  We want to do the research and to do it right.  There may be costs and penalties but we have to do it right so we will not have to do the trees in fives years again because we didn't do it right the first time.

 

Betty Hankins, 17 Cross St. - I request that you keep open the possibility of revisiting the two blocks that were done too quickly.  Revisit those blocks and redo any work that was done with fill that was the wrong kind of fill for trees.

 

Council Member Gold:  I appreciate that Engineer Art Tully is being very flexible I also request that when Art has the meeting to let us know and we will have a council representative there as an observer

 

Mayor Gould:  We hire Art Tully for this reason.

Council Member Gold:  I don't mean to imply that he does not do his job.

 

Council Member Kyriacou:  There is oversight.  To observe is a legitimate request.  I, myself, don’t have the time to do it.  I still feel that we should get as much work as possible done now to avoid penalties.  If Art tells us to wait until the spring, I will say fine.

 

City Attorney Pisanelli:  I would suggest that we find out on Monday.  Maybe I can stop again\

Mayor:  This contractor has done excellent work here in beacon.  People call and say how kind and considerate they were.

 

Council Member Gold:  Art said that he still has to work through the specifications.  We want to incur as little as possible cost but we do not want to make mistakes.

 

Mayor Gould:  Art will present the case as best he can.  The committee will meet again next Wednesday. 

 

Engineer Art Tully:  If something comes up, you might want to ask the contractor that directly.

 

Motion to Adjourn Special Meeting at 7:55 p.m.:  Council Member Kyriacou.  Seconded:  Council Member Kelly.  All voted in favor.

 

 

Submitted by Lucy M. Cullinan – September 30, 2007