Minutes
City of
REGULAR
MEETING
The
regular meeting of the Beacon City Council held at the
Council Members in
Attendance were: Mayor Steve
Gold, Sara Pasti, Charles Kelly, Eleanor Thompson and Randy Casale.
Excused: Deanna
Leake and Marlene Fredericks
Also
Present: City
Administrator
City
Attorney Richard Wolf
Media
Represented by: Goldee
Greene, Beacon Free Press
Residents
at beginning of Meeting 30
Mayors Response to Public Comments to
Address Concerns Brought Forward to the Council from Previous Council Meeting:
The comments from the City
Council meeting of July 21 were not transcribed as of yet so I do not have any
responses.
However I do want to inform
the public that Lisa-Marie Rinaldi’s valuable comments were temporarily removed
from the Channel 22 broadcast of the July 21st Council Meeting by
me. It will be inserted with the public comments from tonight’s meeting along
with a subtitle that they were from the July 21st meeting. I had
some safety concerns for Lisa that have now been addressed. After consulting with our Attorney, her
constitutional rights to free speech were not violated as she was permitted to
speak at the Council Meeting. In fact she was allowed to speak much longer than
the three minute maximum we allow all others. Her comments will be included in
the written transcript of our officially adopted minutes of July 21st. I do apologize to Lisa for not informing her
in advance that I was taking this action and why.
I will offer some thoughts
of my own to her comments later in tonight’s meeting during my report.
First
Comments contain a brief synopsis of what the residents say
at the podium. If you would like your
comments posted in more detail in the minutes, please submit them to the
recording secretary in writing. Include
your name and address.
First
John Gilvy,
Mayor Steve Gold: Some
of your issues will be addressed later in the Mayor's Report.
Betty DiPompo,
Maurice Baxter,
Mrs. Eastman,
Michael Benzer,
Cathy Deutermann,
Mayor Steve Gold:
I would like to take a moment, Cathy.
On behalf of the city council and the city I thank you so much for all
the hard work that you are putting into National Night Out. You took this on your own shoulders. It's a wonderful effort and it always hard to
do something for the first time. I want
to congratulate you. (Cathy received a
round of applause from the audience).
Clark Gebman,
Dennis Pavelock,
Lisa Rinaldi: Last week I was asked to come up with some
suggestions for some of the problems that I spoke about at the last
meeting. Regarding the graffiti in town
- I tried to get in touch with Tim Dexter and he got back to me but we haven't
spoken. Maybe we can construct some type
of wall at the park on 9D near
Maybe down at the
Waterfront, where the ferry comes in to welcome visitors when they get off the
train, maybe we can construct one there.
Also, I think it is important to have a good sign at that park
also. Also for South Davis Terrace and
Last week I asked about
police presence in the community on foot or on bike. I am interested to know if there is a logging
system and how it is published to the community about what the police are doing
in town when they are actually walking around or driving around and not just
making appearances at calls.
I am also interested to
know about community service and if its mandatory for youth if they are on drug
related charges or violent charges or burglary or theft - it may be mandatory
for youth to work at this methadone clinic.
Last week I also suggested that there is going to be a mural at this new
methadone clinic that it is done by young community members or local artists or
local people from Beacon. Those are some
of the suggestions I came up with for how we can get the youth to become involved
in the community and for the youth to get a hold of what we are doing. Thank you.
Mayor Steve Gold:
Thank you very much, Lisa. Some
of those were good ideas. (The audience
applauded Lisa's recommendations.)
Lisa Rinaldi's
Comments from
Lisa
Rinaldi: Because of the length of the transcript, Lisa
Rinaldi's Comments are at the end of these minutes.
Public Hearings:
1.
Special Use Permit –
PLEASE TAKE NOTICE that the City of Beacon will hold a
public hearing on Monday, August 4, 2008 at the City of Beacon Municipal
Center, One Municipal Plaza, Beacon, New York at 7:30p.m, or as soon thereafter
as the matter is reached on the agenda, to consider a Special Use Permit
Application, Applied for by Jose Henao, for use of 1258 North Avenue,
identified on City Tax Maps as Section 5955, Block 75, Lot 856191, as an Accessory
Apartment.
A copy of the proposal is available for
inspection 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: None
Motion to close Public Hearing: Council Member Thompson. Seconded: Council Member Pasti. All voted in favor. Motion carried.
Reports
for
Mayor's Communications read by Mayor Steve Gold
City Administrator
City Attorney
Richard Wolf read his Report of Activities – Will Submit Written Report next
week. First Meeting of the Month
Council Members read their Reports of Activities
Mayor Steve Gold read his Report of Activities
Second
Comments contain a brief synopsis of what the residents say
at the podium. If you would like your
comments posted in more detail in the minutes, please submit them to the
recording secretary in writing. Include
your name and address.
Ray Fusco,
This is a three-story structure, six
bedrooms, two kitchens, 3 grand rooms and they assessed it at $1,200.00. I have a tiny one-bedroom apartment for
$900.00. How did they come up with an
assessment for $1,200.00? This is
completely inappropriate. I agree with
the structure of barter and I think the barter system can be good and can
lighten the load of the finances but this should be only major necessary
infrastructure work, roofs, furnace, electric, plumbing, foundation - no
landscapes, no gardening, no painting, no removal of walls inside the building
because they want a slightly larger room.
It is inappropriate. We can't give
away the house on this one. No other
real estate agent does that.
The barter system must be for major and
necessary work. The last thing I have to
say is that the water bound agreement should be two completely separate
agreements. Scenic
Maurice Baxter: A couple of us went down to the University
Settlement Camp this weekend and looked at it too. I also walked into the white house. The person before me did not mention that
this house also has three bathrooms.
That's a big thing on the tax roll.
When we were down there, that place was filthy. No one is taking care of it. Where the kids are, there is garbage all over
the place, clothes, everything. I was
shocked when I saw it. I wouldn't let
kids in there. I think that is
disgraceful. What the previous gentleman
was talking about - you are going to give this to
Clark Gebman,
No further comments.
Mayor Steve Gold:
Thank you. I just want to remind
the public to try to fine tune their comments about the items that are on the
agenda and speak specifically about them and not in generalities that we lose
site of what the discussion is about.
No further
comments.
UNFINISHED BUSINESS
Resolutions: None
Local Laws And Ordinances: None
Resolutions:
1. Resolution No. 109 of 2008 - Approve Special
Use Permit –
WHEREAS, Jose Henao of 1258 North Avenue, having
applied for a Special Use Permit from the City Council requesting approval for
an accessory apartment in his existing home, and
WHEREAS, the Planning Board has recommended the
City Council issue said permit with no need to return to the Board for final
site plan approval; and
1. The location and size of the use,
nature and intensity of the operations involved in such use, the size of the
site in relation to it, and the location of the site with respect to streets
giving access to it, are such that it would be in harmony with the appropriate
and orderly development of the district in which it is located; and
2. The
location, nature and height of the buildings, walls and fences, together with
the nature and extent of the landscaping of the site are such that the use will
not hinder or discourage the appropriate development and use of adjacent land
and buildings; and
3. The
operations in connection with the accessory apartment in the existing home
located at 1258 North Avenue is not more objectionable to nearby properties by
reason of noise, fumes, vibration or other characteristics, than would be the operation
of any permitted use not requiring a special permit; and
4. Parking
areas are of adequate size for the particular use, are properly located in the
driveways are laid out to achieve maximum safety; and
WHEREAS, the City Council has determined that
the application submitted by
Jose Henao for a Special Use Permit is an
action subject to the provisions of the State Environmental Quality Review Act
(SEQRA); and
RESOLVED, that the City Council hereby declares
itself lead agency under SEQRA relative to the application by Jose Henao for a
Special Use Permit, and be it further
RESOLVED, that the City Council as lead agency
under SEQRA, has reviewed the submitted Environmental Assessment Form and has
determined that the proposed action is an unlisted action, and that the
proposal will not have a significant effect on the environment, and a Draft
Environmental Impact Statement need not be prepared, and be it further
RESOLVED, that a Special Use Permit be hereby
issued to Jose Henao with no need for final site plan review and in accordance
with the conditions set forth herein.
City Attorney Wolf: Before you consider the resolution you must
make an environmental evaluation in accordance with what was in your packet as
the short form EAF. I just want to
mention that there is something that you should be careful of. It is your determination as a council, your
hard look as to whether the facts found on these applications constitute
something of environmental concern or not.
Although I will and should lead you through it I just want to
reemphasize that it you who say this is environmentally relevant or not
relevant. At the end you make a final
determination as to whether it is a positive or negative DEC. This, as you know, is an accessory apartment
and an overall assessment. You need to
review Part 1, Page 1 and complete your evaluation on Part 2, which I will be
happy to go through before you vote on the resolution. You need to declare yourselves lead agency
for this project. The Planning Board
approved it then passed it on to you through the Special Permit process for
approval.
Motion to be lead agency: Council Member Kelly. Seconded:
Council Member Thompson. All
voted in favor. Motion carried.
Discussion:
City Attorney Wolf reviewed in
detail the short form environmental impact statement.
Motion to approve Special Use
Permit: Council Member Casale. Seconded:
Council Member Pasti. All voted
in favor. Motion carried.
2.
Resolution No. 110 a, b, c and d of 2008 - Traffic & Safety Committee
Ratifications:
Council Member Casale:
I have a memo here from Deanna Leake that I would like to read:
Good Evening Everyone! I have asked Council Member Casale to read
this brief comment for me. Tonight we
are voting on the recommendation from the Traffic Safety Committee. You have heard my comments on the safety
issues regarding Dutchess and Verplanck intersection. I strongly urge this council to bear this in
mind when voting tonight. Again, I thank
Dave Miller and Tony Furco for all the hours spent meeting with my
constituents, researching the site and concluding with the
recommendations. Their expertise with
traffic and safety issues is an asset to our city. Respectfully, Deanna Leake, First Ward
Council Member.
a. Install "No Parking, Stopping or
Standing" on Dutchess Terrace from
Motion to ratify: Council
Member Casale. Seconded: Council Member Pasti. All voted in favor. Motion carried.
b. Dutchess Terrace "one-way"
southbound between Verplanck Avenue and Ralph Street, "No Stopping,
Standing or Parking" on the north side of Dutchess Terrace (both sides),
50' back from the crosswalk.
Motion
to ratify: Council Member Thompson. Seconded:
Council Member Pasti. All voted
in favor. Motion carried.
c. Make the intersections of
Motion
to Ratify: Council Member Pasti. Seconded:
Council Member Thompson. Council
Member Kelly excused. All voted in
favor. Motion carried.
d. Make a 4-way STOP at the intersection of
Discussion/comments:
Council Member Casale: I would like to say something. I am kind of hesitant on this one for the
simple fact that it is 150' away from another four way stop at
Motion to ratify:
Council Member Pasti.
Seconded: Council Member
Thompson.
Council Member Casale: To repeat what I last said, I am willing to
go along with this since there was a public hearing and no one spoke against it
here tonight. But if you have signs, it
has to be more than just signs.
Mayor
Steve Gold: If anybody in
the audience or in TV land is listening to what Randy said, when you come to a
stop sign, you are supposed to stop.
Please do.
All voted in favor.
Motion carried. (Council Member
Kelly stepped away and is excused from this vote.)
3. Resolution No. 111 of 2008 - Grant the HVFCU Permission to Proceed with its
Plans to Construct at the
City
Attorney Wolf: I would like to mention before Meredith reads
that resolution, that once you approve, please note that an easement is being
negotiated with the credit union pertaining to the rear sidewalk and perhaps to
the overall place.
WHEREAS, the Hudson Valley Federal Credit Union
desires to locate a branch of the Credit Union in an existing building at 324
Main Street in the City of Beacon; and
WHEREAS, the proposed Credit Union branch
constriction will provide credit union services to City of Beacon residents and
others, and improve the physical site where the Credit Union branch is to be
located; and
WHEREAS, there is a need to construct a
landscape planter and sidewalk improvements to a portion of the existing
sidewalk area owned by the City of Beacon near the 324 Main Street building,
which will enhance the rear ingress/egress into and from the proposed branch;
and
WHEREAS, there is a further need to fence off
the sidewalk area in the rear of the parking lot to assist in the contraction
of the Credit Union branch and engineering closure sketches have been submitted
to the City indicating the nature of the proposed construction; Now therefore,
BE IT RESOLVED that the City of Beacon hereby grants the Credit Union permission to proceed with its plans pursuant to an agreement with the City to construct as set forth above at the 324 Main Street site under the over-all supervision and control of the City of Beacon Building Inspector, subject to the Credit Union maintaining a liability and damage insurance policy naming the City of Beacon as an additional insured in the amount of at least $1,000,000 per occurrence and $3,000,000 in the aggregate, and that the Credit Union shall comply with the State Environment Quality Review Act and all other applicable laws and regulations in its proposed construction at the site and agree to an easement for sidewalk access at the site under appropriate terms and conditions.
Motion to grant permission to proceed with plans: Council Member Casale. Seconded:
Council Member Thompson.
Council
Member Pasti: I just want to
say that I am glad to see that building is being developed and is going to be
used. It has been vacant for a while and
I hope this leads to other buildings on
Mayor
Steve Gold: We expect to
have more activity on
All voted in favor.
Motion carried.
4. Resolution No. 112 of 2008 - Authorize Mayor to sign Agreement between the City
of Beacon Hudson River Sloop Clearwater, Inc. for Lease of White House at
University Settlement Camp.
WHEREAS, the City of Beacon (“City”) has proposed
an agreement with Hudson River Sloop Clearwater, Inc. (“Clearwater”) for the
lease of the White House site at the University Settlement Camp, and
WHEREAS, pursuant to a management agreement with
the NYS Office of Parks and Recreation and Historic Preservation the City has
the right to sublease the area and structure, and
WHEREAS,
WHEREAS, Clearwater is an internationally
renowned organization promoting and undertaking environmentally sound projects,
environmental education and leadership training, and local job opportunities in
the environmental field and operates a sailing vessel known as the “Clearwater”
for training and participation in environmental activities sailing on the
Hudson River at and near the City, and
WHEREAS, Clearwater’s use of the White House
facility will provide enhanced environmental, educational and related benefits
for the City’s residents, and will create property improvements to the site,
and
WHEREAS, the proposed lease agreement sets forth
terms and conditions consistent with the requirements of the State of New York
and the City of Beacon codes and procedures of the site including any
appropriate environmental review,
Motion to sign agreement with
Discussion/Comments:
Council Member Casale: I have a couple of questions that I would
like to ask. One constituent tonight
asked if they would be able to move in before the work is up to code. Are we going to have an answer to that? Answer from City Administrator: The answer is "NO". The other is:
In the contract it says at
City Administrator Robson: We have put in the water meters but the lines
have to be re-done which
Council Member Casale: And the last thing I want to say is that I
had a tough time with this contract in the beginning and I asked many
questions. As for
Mayor
Steve Gold: I do want to
add that Randy did challenge every item to make sure that we were getting the
best contract that we could get and that was to our benefit. And so did Eleanor. Thank you.
Council
Member Kelly: I just want to
say that I appreciate both Eleanor and Randy's comments earlier. They did stride to make this the best
possible deal. I believe that it is a
good deal - it's not a perfect deal. We
can come back and revise those things that we feel are not working. I characterize this as the gift that
continues to give. You have to remember
that we don't own this park. The state
owns it. We are renting out property
that really belongs to the state. To
invest in the property to service primarily the people in Beacon but it will be
open for everybody in the state. The
issue as to whether we should only barter the rent for structural changes or
not for plants, etc., I believe the total image/improvement of the white house
is going to serve the interest of the city and its citizens. I just completed building a house and when
you contract with a builder, they just build the house. The landscaping and the improvements we put
in order to dress up the house makes a big difference on making that an
attractive place to go to. I think the
white house ultimately will be an attractive place and it will generate more
interest. Our desire is to get as many people
up in the settlement camp to enjoy the jewels of the city. I think the other jewel of the city is
Hiddenbrooke. Anything that is improved
will have to have prior approval. This
is a major step in moving forward. Keep
your minds open and in a few years come back and see if we made the right
choice. I believe that we made the right
choice and I hope you keep your minds open to that.
Council
Member Thompson: I am not going
to go into my attitude regarding this contract because we did negotiate it and
we do represent a balance of our own positions on things and in this particular
contract I think that we fought very hard to make sure that we were doing the
best thing. I would like to thank the
mayor and the administrator for having an open mind too and listening to some
of the thoughts that we had. This
contract is not an easy one and it is the beginning of many contracts that we
are going to do. I just want to make you
aware of the fact that the state actually approved the
Mayor
Steve Gold: Thank you,
Eleanor. You and Randy fought very hard
to see that we got the best that we could get from this contract and we thank
you very much.
Council
Member Pasti: I would like
to say a few words again. I want to
thank Randy and Eleanor because all of us take turns by being vigilant on
certain contracts and issues and they were both very thoughtful and very
concerned and diligent. Thank you for
making that effort. One thing to
remember about
On roll call, all voted in favor. Motion carried.
Mayor
Steve Gold: I thank the
council for making a wise and thoughtful decision.
5. Resolution No. 113 - Authorize Mayor to sign Agreement between the City
of Beacon and Hudson River Sloop Clearwater, Inc. for the one day event of
August 6th at the White House site at the University Settlement Camp.
WHEREAS, Hudson River Sloop Clearwater, Inc.
("Clearwater") desires to conduct a one day event on August 6, 2008
at the White House site at the University Settlement Camp managed by the City
of Beacon ("City"), and
WHEREAS, Clearwater will join with a Rodale
International ("Rodale") volunteer workforce of up to 100 of Rodale
employees to work at the White House site on August 6, 2008, and
WHEREAS, the clean-up and repair work projects
which Clearwater represents will be undertaken by the Rodale volunteers is of
value and will enhance and improve the White House site for the benefit of City
of Beacon residents and others, and shall be under the overall supervision of
the City Administrator and such project is an exempt action under the State
Environmental Quality Review Act,
Motion
to authorize Mayor to sign agreement with Hudson River Sloop Club for
Discussion/Comments:
Council
Member Casale: The only question I have is: Has all their insurance been agreed to as we
said at the workshop?
City
Administrator Robson: They have submitted a
sample insurance certificate that I am discussing with our insurance
broker. They have one million/two
million-dollar policy.
Council
Member Casale: I think that we should go with whatever our
insurance company says. I don't think
that we should make any changes. We
should go with the one million/three million because that is what the contract
has.
City
Administrator Robson: I don't think that was an
issue. It was the five million dollar
umbrella that was.
On
roll call, all voted in favor. Motion
carried.
Mayor
Steve Gold: That will be interesting to see. I believe there will be 100 volunteers that
day.
Council
Member Thompson: I have a question. We have children up there. What will we do with those kids?
City
Administrator Robson: We had a discussion this
afternoon and the work has been scaled back a bit in terms of the scale of the
projects so they will be working on garden at the white house and the organic
garden up further up the hill and they will be doing some cleaning in the
kitchen. We talked about where to park
in order to stay away from the public access and the camp access to the pool
Patrick Freeman who is our caretaker there will be on site to manage that
process so we are pretty comfortable that the separation of activities between
that project and the kids at camp. That
was a specific issue that we addressed today.
6. To Authorize Sun Up Enterprises, Inc To Complete The Removals And
Repairs Determined By The Main Committee On The Main Street Sidewalk Areas In
The City Of Beacon
WHEREAS, the Main Street Tree Committee has
determined that certain Main Street sidewalk areas in the City of Beacon have
trip hazards which require repairs, and
WHEREAS, the City has received a cost estimate
for such repairs submitted by Sun Up Enterprises, Inc., dated
Motion to authorize: Council Member Kelly. Seconded:
Council Member Pasti.