Beacon City Council Workshop

February 27, 2006

 

The Beacon City Council Workshop was held on Monday, February 27, 2006 

at 7:04 p.m.  Present were:  Mayor Clara Lou Gould, Councilmembers Eleanor Thompson, Elizabeth Foster, Charles Kelly, Philip Shea and Steven Gold.  Also in attendance:  City Administrator Joseph Braun and City Attorney Gerard Pisanelli.  Councilmember Lee Kyriacou was absent.

 

Art Tully attended the workshop at the request of Council to answer various engineering-related questions.  Councilmember Thompson reported she received complaints about water and drainage problems in the River Knolls development, specifically basements are flooding during heavy rain events.  One resident installed a drainage system which resulted in additional water flow onto the Kelly property.  Councilmember Thompson asked that a drainage study of the entire area be conducted.  Mr. Tully explained that although he is aware of concerns in the area, he had not been contacted about a specific problem.  Before Councilmember Kelly described his situation, City Attorney Pisanelli advised him to address his concerns as a citizen rather than a councilmember.  Mr. Kelly explained it is difficult to figure where the water, which has increased over the years, is coming from because the City does not have drainage maps.  His investigation revealed water from The Woods development (Sycamore Drive) empties into the River Knolls development; and the owner of 26 Victor Road at one time sued or took action against the City due to flooding conditions.  Mr. Kelly said he applied for a building permit to construct a new house on a vacant lot and was informed that he would not be permitted to pipe water into the City’s water system due to the fear that it could not handle extra volume.  He said he was advised to do a complete flow analysis and questioned why it had not been done or required before.  Mr. Kelly felt he should not bear the full responsibility and believed it unfair and unethical for the City to approve an entire line without adequate information.  He felt his property should not be used as a retention pond for other projects.  Mr. Kelly thought the pipe under Wolcott Avenue was plugged and saw a Frisbee blocking an exit pipe in the catch basin.  He reported the City performs necessary maintenance when called.  He reiterated his belief that a single homeowner should not be fully responsible for a drainage problem and that it should be addressed in a collaborative way.  Discussion strayed to nearby property development and piping installations that took place over the years.  Mr. Tully explained Mr. Kelly’s lot is low lying and must be elevated before construction; therefore he was asked to have his engineer analyze and provide documentation that the lot could be built on without creating a problem for owners in the future.  Councilmember Thompson requested a study be done for Ward 3, not just for one owner or area, to identify drainage problems for everyone.  She will provide the City Engineer with a list of properties that are having drainage and flooding problems. 

 

Mr. Tully acknowledged the City does not have an up-to-date or complete map of the City’s drainage.  He reported there is information on the River Knolls development but Mr. Kelly said he could not find it on file in the office.  He feels the City should analyze all complaints and generate a map of the problem areas.  Mr. Tully put together a small map to get an idea where water drains in the area.  He located the Woods and River Knolls on the map and explained the area shaded in blue (approximately 26 acres) contributes to the 10-inch inch drainage pipe in Wolcott Avenue.  Mr. Tully said research indicates the Woods’ drainage goes to Misericordia and River Knolls property.  History shows the Joseph property, Statini property and vacant lot at one time had a stream running through them.  When River Knolls and Misericordia were constructed, it actually reduced the amount of water that drains onto the Kelly property because water was collected in basins and piped to the system in Wolcott Avenue.  Mr. Tully added that individuals have also done things to affect the drainage course over the years and this is a historically low area since the glaciers.  He said it will not be an easy fix and was not sure if the City is responsible to fix it.  He felt the Council should address that issue with the City Attorney.  In conclusion, Mr. Tully asked Councilmembers for as much information as possible and supported the creation of a comprehensive drainage plan.

 

Discussion took place regarding fire flows on Mountain Lane due to a recent fire and concerns regarding pressure and flow levels.  Councilmember Gold asked if the newly installed fire hydrant had been tested to determine whether there is adequate pressure, and if the Fire Department had enough fire hose to reach the last house on Mountain Lane.  Mr. Tully reported the new fire hydrant is on a 12- inch feed line and Water Department testing revealed it provides 950 gallons per minute.  Fire Chief Joseph reported the department has enough hose to reach the last house on Mt. Lane.  He measured the distance from the fire hydrant to the last house and they have 3,000 ft. of

5-inch supply line needed.  The supply line feeds the trucks supplemented with hand lines (1¾” or 2½”) that are directly used to fight any fire.  Chief Joseph explained when there is not adequate pressure the engines are used to build pressure.  In this location, two engines would be placed in between to provide adequate pressure and mutual aid would be called in.  Councilmember Gold asked if fire fighting measures would be delayed when mutual aid is relied on.  Chief Joseph explained it is common practice and even laying 3,000 ft. of hose is time consuming.  To further explain the last fire situation, he said they laid the extra line before it was necessary as a precautionary action and would do that as policy in the future.  They plan a drill in that area to determine how long it would take to lay out the line but can’t be done until the spring.  Councilmember Gold feels this is a serious problem that should be corrected.  Chief Joseph reported there may be other hydrants in the city that are fed with 4-inch water mains where pressure may need to be enhanced.  Councilmember Gold requested a study be done to locate all areas affected and that the Fire Department have knowledge of all those areas.  He was dissatisfied with the Mt. Lane situation and did not want to rely on mutual aid.  Mr. Tully reported their estimate to lay a new water line on Mt. Lane came in at approximately $1 million.  Councilmember Gold asked why the existing line couldn’t be simply widened to cut costs.  Mr. Tully explained the existing main must remain in service while the new main is installed and there may not be enough room to place a new line in the same trench.  They can’t get too close to the existing main due to potential damage and fear that service could be interrupted.  The new main should be a 10-12-inch line to adequately serve the area.  The road is in poor condition and heavy equipment will only damage it further, therefore the cost estimate includes road reconstruction.  Mr. Tully explained it is a complicated project due to the location of the existing line and in order to remove the rock, blasting may be needed.  The rate of inflation was considered when estimating a cost for the project.  The Health Department must review and approve the plans before the project can be put out to bid.  Mr. Tully advised Council that water system needs are considered in two different ways:  adequate water pressure and supply to homes, and hydrant pressure.  Councilmember Gold asked that the Mt. Lane project be bid as soon as possible but City Administrator Braun explained the project must be designed first.  Councilmember Thompson suggested the Master Plan Committee include drainage, sewer, water, etc. as part of their consideration for the City’s future needs.  City Administrator Braun explained water mains in need of replacement have been identified in the five year capital plan which is an ongoing function of comprehensive planning by each department in the City.  He advised initiating the design/engineering phase of the Mt. Lane project and coordination between the Water and Fire Departments will continue.  Chief Joseph requested Fire Department representatives be involved in pre-construction meetings so situations like Simmons Lane do not take place during construction. 

 

Mr. Tully reported he will be making a presentation at the public hearing at Monday’s City Council meeting as part of new regulations for the City’s stormwater management pollution plan.  New regulations address quality of stormwater, not quantity.  City Administrator Braun explained work is ongoing to improve the City’s stormwater collection system and to eliminate inflow and infiltration into the sanitary sewer system.  Flow testing meters have been installed to identify those problem areas.  Mr. Tully advised the Council to consider the need for comprehensive mapping of the City’s infrastructure.  City Administrator Braun reported Poughkeepsie did aerial mapping of their infrastructure and emphasized the importance for Beacon to do so; it will also be helpful for emergency service operations.  Mr. Tully will prepare a cost proposal for consideration. 

 

City Administrator Braun reported each department head creates a five-year capital plan that addresses infrastructure and future needs of the City.  The Highway Superintendent reviewed a list of equipment needed for their department as outlined in their 5-year Capital Plan.  City Administrator Braun explained this equipment is needed as part of normal operation costs.  Funding will come from a combination of fund balance for the smaller items and bonding for those items with a ten year life expectancy.

 

$170,000         Cat 941 for the Transfer Station; half cost will be covered

by a grant 

$150,000         Pelican Street Sweeper – bond

$135,000         Big truck to replace #8910 – bond

$38,000           Small truck to replace #930 – fund balance

$30,000           Repair truck to replace Repair #1 – fund balance

$3,000             Matco Tool – performs diagnostic testing on all city owned vehicles – fund balance

 

 

 

City Administrator Braun explained the New York State Comptroller’s office now requires a three year budget plan.  The Director of Finance has been asked to look at the City’s capital needs to address these types of expenses, including water and sewer, and will provide that information no later than March 15th.  City Administrator Braun explained figures will be broken down into yearly amounts and will be fairly substantial going forward.  Mayor Gould asked for an updated list of planned road reconstruction so it can be added to the City’s website.  Councilmember Kelly asked if the state regulates or limits the amount of our fund balance.  City Administrator Braun said they provide guidelines only but he recommended maintaining a somewhat higher fund balance as a cushion.  He reported monies from the water fund and sewer fund cannot be intermixed with the general fund.  Currently 15% of revenue from waste haulers who utilize the Waste Water Treatment Plan is used to fund street reconstruction.  Much of the funds needed for Mt. Lane can be taken from the water fund as most of the cost is associated with the water main installation.  A bond resolution will be prepared for consideration.

 

            Council reviewed an application for a Special Use Permit to allow a two family dwelling on property owned by Lou Amoroso located at Vail Avenue.  The Zoning Board of Appeals granted a variance to allow a two family dwelling in a single family zoning district.  Members reviewed the resolution and minutes from the Planning Board and Zoning Board of Appeals.  After reviewing the application, the Planning Board recommended the City Council issue a Special Use Permit subject to the applicant returning for final site plan review and approval, and that the City Council reassure themselves that the parking standards of the City of Beacon are being met.  Building Inspector Tim Dexter explained the issue is that Mr. Amoroso owns an existing single family house and the adjacent vacant lot where the two-family home is proposed.  Off street parking for the new dwelling will be provided however there is no retroactive parking requirement for the existing house.  Councilmember Kelly asked why it went to the Zoning Board of Appeals first.  Mr. Dexter explained the Zoning Board determines whether the proposed use would be appropriate for the neighborhood and in this case a variance to permit a two family dwelling in a single family zone was granted.  Any proposal for two or more dwelling units is subject to Special Use Permit approval.  The Zoning Board of Appeals is only one part of a three part approval process and a two family dwelling is only permitted if all Special Use Permit requirements are met.  The Planning Board reviews the application for site issues, i.e. parking, drainage, etc.  If the applicant shows that all site requirements can be met, the Planning Board is obliged to send the application to the City Council for consideration.  City Attorney Pisanelli explained he drafted a resolution for this Special Use Permit listing criteria as outlined in Section 223.18(B)(a)(b)(c)(d) that the City Council will look at to determine whether the application complies.  He said the City Council must focus on those items in making their determination whether to grant or deny a permit.  Councilmember Gold asked if any situations similar to this had taken place since Council passed the law in 1996-1997.  No one recalled but research could be done.  City Administrator Braun recommended Council consulting with City Planner David Stolman about language outlined in Special Use Permit legislation to better understand their decision making ability.  City Attorney Pisanelli advised Council that any determination must be made based on facts and specific analysis to make certain the decision is not arbitrary or capricious.  Councilmember Gold urged careful consideration of the law because it may encourage or lead to similar requests from other property owners.  City Attorney Pisanelli advised Council that they must hold a public hearing within 62 days from the date of the Planning Board’s memorandum.  Councilmember Kelly understood concerns but said there are not many vacant lots left in Beacon; secondly he felt consideration must be given to what pre-existing non-conforming uses exist in the area.  Lastly he supported property owners who appropriately follow the process because there are a slew of others who create multiple dwellings illegally.  He reported that during his campaign for office, he discovered many single family homes with 5-7 internal mailboxes and not much is being done about them.  City Administrator Braun defended the Building Department in that they actively and diligently seek to correct all known illegal occupancies.  Councilmember Thompson felt it a tough situation and understood the Building Department can’t possibly know of every violation.  That aside, she recommended the Council be provided with time to clearly review the law and research the neighborhood before calling a decision. 

 

            Applicant Lou Amoroso presented a drawing of the proposed structure and described the bad conditions that have begun to take place in his daughter’s apartment complex.  She and her daughter would live on the second floor of the new dwelling and it would be owner-occupied.  Councilmember Foster asked if approval could be conditioned to make the dwelling remain owner-occupied into the future.  Mr. Amoroso explained that possibility was approached early on but he did not want his heirs to be stuck with that condition when he passes.  He explained the house would be constructed in a legal fire-proof manner and done appropriately.  Mr. Amoroso felt the illegal conversions taking place are not a blemish on the Building Department because they respond each time they are informed of a potential violation.  He has been on many fire/emergency calls that result in immediate response by the Building Department so they can legally enter to check conditions.  Mr. Amoroso explained he wants to create a reasonably sized, legal two-family house that meets all setback requirements. 

 

Councilmember Kelly explained his comments were not meant to disparage the Building Department, but while knocking on doors he found many illegal housing situations.  He felt this is a family situation where flexibility in interpreting the rules and regulations is necessary.  Mr. Stolman will be asked to attend the next workshop to review the law; the public hearing can be scheduled for March 20, 2006. 

 

            Building Inspector Tim Dexter made clear that there is not a single illegal occupancy he or his office has knowledge of that is not currently under a court’s jurisdiction.  He explained once any occupancy is suspected of being illegal, evidence is collected until enough is gained to adequately take the case to court.  Mr. Dexter reported this type of activity is not on the upswing, more accurately it is significantly less than what it was.  He explained they can’t enter a building at will and when the Fire Department or Police Department respond to a questionable building, the Building Department is informed and action is taken immediately.  Mr. Dexter asked Council to inform him of any suspect locations so they can be flagged immediately. 

 

Discussion on the purchase of new bullet proof vests for the Police Department continued.  City Administrator Braun recommended the City purchase and move forward with the replacement of all vests that are not currently certified.  Councilmember Gold suggested passing a resolution to ensure vests are replaced every five years.  Police Officer Mark Thomas explained NIJ standards are used to certify the quality of these vests and felt it appropriate that their recommendations be used as a standard.  Currently a number of vests have been made with material known to break down and they do not offer appropriate protection.  After some debate regarding how often vests should be replaced, it was determined they should be purchased every five years (the length of warrantee) or, if for some reason they no longer meet NIJ certification.  Police Officer Jonathan Crone explained grant money is available and funds can be banked since there is no obligation to spend the full amount every year.  Councilmember Gold suggested reselling the vests that are now five years old to get some funding back.  The previous resolution will be changed so vests are part of the uniform provided by the City and are not a one-time purchase only. 

 

City Administrator Braun explained the Police Department has a total of 37 approved positions but they only have 33 on the payroll.  He explained if the City Council wants to maintain 37 on-duty officers, more positions should be authorized in order to compensate for turnovers – a suggestion also recommended in the police study.  City Administrator Braun explained no additional funding will be needed this year because there has been a shortage of officers.  Councilmember Thompson urged adequate consideration be given to women candidates as well as people of color.  Councilmember Gold asked if more can be done to make that goal happen.  City Administrator Braun suggested the police become involved in career day at the schools to try to generate interest in police work. 

 

            In response to the presentation given on Empire Zones, Mayor Gould reported a resolution to authorize her to sign the Letter of Agreement is needed.  Additionally, Council will vote to appropriate the required $15,000 fee.

 

The agency contracted to appraise property at 345 Main Street and 9-13 Eliza Street is still in the process of gathering information, therefore, discussion will take place at the next workshop. 

 

Keith Christianson will be invited to an upcoming community segment to discuss renewable wind power energy. 

 

Councilmember Thompson requested discussion of renaming portions of South Avenue take place at a future workshop.  Due to the weather she had not finished gathering information on the topic. 

 

Mayor Gould reviewed transfers and ratifications for various fire stations, as well as appointments to the Beacon Housing Authority, PBA liaisons and Board of Ethics. 

Todd Spire, Spire Creative Services, informed the Mayor that he would like to hold a music festival on his property located off Beekman Street.  Since his parking lot is being used for an unusual event, approval similar to that of a street use permit is required.  After discussing concerns of parking, timing and noise that may affect nearby residents, it was suggested the event be held at Riverfront Park.  Mayor Gould will contact Mr. Spires. 

 

Preserve America will provide the City with one sign to place at the entrance to the City and indicated additional signs could be purchased for $200 each.  Council discussed their desire to put signs at two other main entrances to the City.  This item will be placed on the agenda for approval.  Councilmember Gold reported grants for tourism-related projects are available and suggested applying them to the Tioronda Bridge project.  City Administrator Braun will look into the possibility. 

 

            Councilmember Gold explained the Board of Elections must purchase new voting machines and two types are being considered.  One is a touch screen where tallies are done through a computer.  He reported these machines are more expensive and tallies will be in the hands of private organizations rather than Board of Election staff.  The other type is a card system where voters fill in circles and put the card through a reading device.  They are widely and reliably used in the United States now and are the preferred selection.  They can be adapted for the visually impaired and provide a paper trail for recounts if needed.  Councilmember Gold felt the City should pass a resolution supporting the card system to provide the County with direction. This item can be voted on at the next meeting.

 

Councilmember Kelly made a motion to go into executive session to discuss the City Clerk’s position, and other unrelated matters of potential litigation, seconded by Councilmember Thompson.  All voted in favor.  Council went into executive session at 9:25 p.m.

 

 

Respectfully submitted,

 

Etha Grogan

March 7, 2006