Beacon City
Council Workshop
April 10, 2006
The Beacon City Council Workshop was held on Monday, April 10, 2006
at 7:00 p.m. Present were:
Mayor Clara Lou Gould, Councilmembers Eleanor Thompson, Elizabeth
Foster, Philip Shea and Charles Kelly.
Also in attendance: City
Administrator Joseph Braun and City Attorney Gerard Pisanelli. Councilmembers Lee Kyriacou and Stephen Gold
were excused.
City Attorney Pisanelli updated Council on the
appraisal being done for 342 & 345 Main
and 13 Eliza Street. The owner’s attorney submitted requested
information which has been provided to the appraiser. There appears to be some resistance from the
owner who has set the offering price way out of line; he also would like to
separate the Eliza Street
portion from the Main Street
portion. City Attorney Pisanelli advised
Council not to make an offer before the appraiser determines the property’s fair
market value. If a fair price can’t be
agreed upon and the goal remains to purchase the property, Council must then follow
strict rules for eminent domain. City Administrator
Braun felt the asking price may be more than the property will be appraised at,
particularly since the appraiser has inspected unfavorable interior of the
building. Ultimately, the City can’t
make an offer until the actual value has been determined and if eminent domain
proceedings are in order, a more detailed appraisal will be needed. He advised Council that if they feel the
acquisition is not worth the effort, then the additional detail and cost will
not be necessary. City Attorney
Pisanelli explained eminent domain is a complicated process therefore suggested
meeting with an attorney who specializes in condemnation proceedings before
moving forward. That attorney will be
invited to a future meeting for discussion in executive session.
City
Administrator Braun provided Council with a copy of New Rochelle’s ordinance outlining criteria
for designating a secondary honorary name for an existing street. Councilmember Thompson provided a petition
sheet signed by South Avenue
residents requesting a portion of South
Avenue be changed to Leatrice Morgan Avenue. She explained the petition clearly shows
residents’ support.
City
Attorney Pisanelli reported he spoke with Harold Mangold, an attorney with
McCabe & Mack representing the owner of property on the corner of Church
and North Cedar Street,
about purchasing the parcel for parking.
A Freedom of Information (FOIL) request for information on the property was
submitted to the City however it was unclear whether the owner was interested
in selling.
Council
discussed four options for water main, sewer main and road reconstruction on Mountain Lane. City Administrator Braun felt it wouldn’t
make sense to dig up the road for water and sewer main installation without
reconstructing the road itself. He
reported Central Hudson is always advised of
any potential road work so they have the opportunity to make necessary upgrades
prior to paving, however, they don’t seem to respond until it comes time to do
the work. The cost would be bonded and
could come from the water fund which is paid into by Beacon water
customers. The road reconstruction is
directly related to water line replacement however each faction could be
separated. City Administrator Braun
provided a detailed explanation of how the water, sewer and general funds
operate separately, specifically how it relates to funding this project. He explained that he would be coming to
Council in the future to discuss increasing water rates, an action that hasn’t
been done in many years. An increase
would be done eventually, even without consideration of this project. Councilmember Thompson asked if there were
any other options for funding this project.
City Administrator Braun said it could not be done with Community
Development funds and was not aware of any grants. Although this road was not on top of the
schedule, it may have been considered as part of the East Main Street project. City Administrator Braun felt it would not
make sense to replace water and sewer mains without reconstructing the
road. He explained that when a road is
reconstructed, a new sub-base is installed and drainage is added. The width of the road would not be affected
and the new street would last well into the future. Councilmember Kelly asked if this street is a
priority since the Fire Chief indicated there may be a number of streets with
similar water main problems. City
Administrator Braun explained the Water/Sewer Superintendent has identified areas
with similar 4-inch mains and this street is close to the top of the priority
list. Although he could not recall the
entire listing, City Administrator Braun said Wilson Street is also a dead-end street
with smaller lines but there are hydrants nearby with larger flows. He will provide Council with a copy of the
Water/Sewer Superintendent’s list of priorities. Councilmember Foster asked if money could be
taken from water fund balance and City Administrator Braun explained the fund balance
is where it should be and felt the City should not use it to fund the entire project. He reiterated that he would be coming before
Council at some time in near future to increase rates even without this
project. Although not a big advocate of
spending down a fund balance, City Administrator Braun said he would look into
the water fund to see if a portion can be used for this project. He felt comfortable with the City’s level of
bonding because whenever a bond issue is raised, a bond offering statement is
provided which outlines limits based on assessed value. The water fund has its own debt service and revenue,
and stands separate from general fund and sewer fund. City Administrator Braun explained he preferred
to wait until the new water meters were in place to see how revenue shifts
before discussing a rate increase. In
any case, a bond resolution would be done first and then consideration would be
given to what must be done with water rates.
The cost of bonding would be spread over time and in any case, a $1 million
project to improve water service for City residents will inevitably affect
rates to some degree. City Administrator
Braun said it may be better to borrow while long term rates are relatively low,
rather than using the fund balance which he feels should be held at a certain
level. Discussion turned to which option
would be best: replacing the entire main
and reconstructing the entire road; replacing the main halfway up and
reconstructing the entire road; replacing the entire main and patching the
entire road; or replacing the main halfway up and patching a portion of the
road. Councilmember Shea pointed out
that road reconstruction is the most expensive portion of the entire
project. City Administrator Braun
advised the Council that they must decide what level of work should be done, as
well as consider whether a water rate increase or general tax rate increase is
best choice. If doing only the water
main portion, then all funds must come from the water fund; if it were only the
road reconstruction, funds must come from the general fund. A lengthy debate took place regarding options
for repaving, reconstructing or patching road.
City Administrator Braun will ask the City engineer to provide a 5th
option to provide an estimate for running the new main all the way and repaving
the road without rebuilding the sub-base or adding drainage.
Mayor Gould reported she contacted the Town of Fishkill regarding combining assessor services with the
City of Beacon. The Town Assessor explained they are already
joining with the Town of Wappingers. City Administrator Braun felt the City should
then appoint its own assessor – estimated $35,000 salary with benefits (total
package $55,000). He hoped to hire the person
who is currently acting assessor. There
is a backlog of work that needs to be done and with the ongoing revaluation, an
assessor is essential. The acting
assessor has been keeping up with current business but property owners want someone
available and in the office on a regular basis.
Councilmember Kelly asked if building space would be a problem if the
assessor were in the office more often.
City Administrator Braun explained the situation, although space is
tight, it has worked since moving to this building. In the future when a new highway garage is
constructed, a satellite office could be created in the building at North Cedar Street
where the mechanic’s garage is currently located. City Administrator Braun suggested
consolidating assessor operations with adjacent communities once the
revaluation is completed. He advised
Council that they must consider appropriating funds for the position and in the
meantime, he will meet with the acting assessor.
City Attorney Pisanelli has been working with Tim
Dexter on a new local law to require owners of rental properties to register
with the Building Department. The draft
law was fashioned after a law adopted by the City of Kingston
however it seemed more onerous than necessary for the City of Beacon.
Mr. Dexter explained this will law provides huge advantages by providing
the Building Department with the ability to reach someone immediately. If the owner does not reside in Dutchess County, they would be obligated to
designate a managing agent who would be available 24-7. Oftentimes it is difficult to contact an owner
who lives outside the area and this will provide a mechanism to reach someone
who can react to problem immediately. Mr.
Dexter asked Council to decide if all rental properties should be included or if
it should just address multiple dwellings.
Consideration was given to providing a particular area radius since
Beacon is not centrally located in Dutchess
County and the key factor
is accessibility within a 24 hr. time frame.
Mr. Dexter asked Council if they want the law limited to owners of
multiple dwellings and commercial properties, or if it should include single
family homes not owner-occupied. He
explained problems occur often with multiple dwellings or commercial properties
where more people are affected. In
general Council supported mandating all non-owner occupancies to register and make
contact information available. Although
there may not be a need for a professional management agency, the requirement
that someone must be available to contact or serve papers on when necessary
should be included. Mr. Dexter requested
they leave out the requirement for inspections every two years as proposed in
the law. He explained state laws are changing
so inspections may be covered in new legislation and if not, the local law
could be amended in the future. Mr.
Dexter will work with the City Attorney to refine the draft law and return to
Council for further discussion.
Councilmember Thompson suggested providing wording in the law to address
situations when the owner returns to occupy the building. When that happens, the file will be noted and
the property removed from the registry.
It was unclear whether condominium owners should be included.
John Gunn
and Sara Pasti from the Comprehensive Plan Committee attended the workshop to
discuss scheduling and budgeting for the remainder of the project. They reviewed a spreadsheet outlining
activities and approximate time schedules prepared by the Committee.
Basic Studies
This was part of F.P. Clark’s original proposal and work
was completed by March 28, 2006
– Cost $23,500
Meetings
Meetings were held to facilitate progress of planning
process and were attended by representatives of F.P. Clark. Seven more meetings are needed – Estimated
Cost $2,100
Community Visioning
Survey
A written survey was prepared and will be mailed to each
City household and posted on the City’s website. This work is nearly complete; they are
working on translating a Spanish version and making a few grammatical
changes. They hope to get a volunteer to
do the translation at no cost.
Councilmember Kelly suggested testing the survey on a few people prior
to the mass mailing. Cost of Mailing -
$3,000
City Agency Input
A meeting with key City department staff, City Council and
the City Administrator to assess current municipal systems and make
recommendations. The Committee feels it
should be a facilitated discussion. Cost
$3,500
Community Workshops
Community meetings in neighborhoods throughout the city to
understand what the community at large feels about certain issues. The Committee recommends six workshops, also facilitated. Cost: $10,000
Cost of Services Study
Analysis needed to determine the effect of residential
commercial, industrial and open-space land uses on the community’s tax
base. Actual assessment of data and
prepare report. Cost - $6,000
After considering expenses that have already been
paid and the $7,500 Greenway grant, approximately $24,400 is needed to complete
the project. This figure will be
finalized before Council votes at the upcoming meeting. Ms. Pasti explained the workshops will be
held close together, anticipated to begin the last two weeks of May and
completed in the first two weeks of June.
Information on the meetings and surveys will be published in the paper
and on the City’s website. They are
hoping to complete their work by December 31st.
Fred
Antalek attended the workshop to discuss increasing Council and Mayoral
salaries for the next elected board. He
explained an increase is needed for expenses alone, i.e. paper, ink, driving gas,
meetings, etc. A survey of surrounding
municipalities showed the average Council member salary is $10,643 and Mayor
$45,113. Some are paid full benefits and
do not have to contribute funds toward medical expenses. He also compared the Fire Chief’s stipend to
the Mayor’s salary. Councilmember
Thompson supported the increase and felt the Mayor should be paid $20,000 and
given a vehicle with Councilmember salaries increased to $7,500. Councilmember Kelly recommended the Mayor’s
salary be increased to $25,000 with a cost of living adjustment for annual
increases with Councilmember salaries increased to $9,000. He reported that he was instrumental when the
Charter was changed and salaries for Council were kept at a lower rate. There hasn’t been an increase since the
Charter changed. City Attorney Pisanelli
advised that in order to increase salaries for the next seated Council they
must repeal the law that provides for voters to approve any increase in
salaries because according to the current law Council cannot make that
change. He explained it is a two step
process – the law must first be repealed and then a vote to increase can take
place. This will be placed on the
upcoming agenda.
Councilmember
Thompson recommended the City consider passing a resolution similar to one
passed in the Town of Newburgh
which opposed a proposed rate increase for Central Hudson Gas & Electric
customers. A resolution will be drafted
and once passed, will be sent to the Public Service Commission.
Councilmember Thompson suggested hiring a grant
writer for the City of Beacon. The community is growing, things are changing
and although the City Administrator is capable, he is too busy to catch every
opportunity that may be out there. Mayor
Gould suggested waiting until the grant writer hired to prepare documents for
an open space grant has completed the work to see if she has any
suggestions. Councilmember Thompson
reported she asked representatives from the Grants Foundation to forward information
that may be helpful. There are several
options when hiring a grant writer – they can be a salaried employee,
part-time, full-time or be paid from any grant they are successful in
obtaining. City Administrator Braun
suggested inviting interested parties in to discuss what they services they
provide, type of payment and what options they offer. He will discuss the issue with others in his
field to see how they handle grant writers.
Councilmember Shea requested a copy of the City’s Central Hudson bills to obtain consumption information to
relate it to seeking wind power. City
Administrator Braun reported we piggy-back on bids put out by Dutchess County
and will contact them determine the next bidding schedule. Councilmember Shea asked to schedule a
meeting with wind power representatives to discuss the City’s
alternatives. City Administrator Braun
asked for written documentation to review prior to the meeting.
The
Disaster Preparedness Team Chairman Mike Davis drafted a home safety checklist for
households at their meeting in January and Councilmember Foster suggested it be
sent out in a mass mailing to City of Beacon
residents. City Administrator Braun
recommended developing a newsletter to include other information as well.
Councilmember Kelly suggested developing a cadet
program within the City’s Police Department.
He was aware that they have been reluctant in the past but felt it would
be worth approaching again since the Town of Fishkill’s program is very
successful. Councilmember Thompson
explained previously the department was willing to run a program but felt they
should be compensated. The program is
run through the Boy Scouts or Explorer program and provides good structure for
those at 14 and older. Further
discussion may take place in executive session due to personnel issues.
Councilmember Thompson reported the LOOP bus does not
have a bus shelter near Forrestal
Heights and only
residents of the facility are permitted to wait in the building vestibule. The Beacon Housing Authority director does
not support installing a shelter nearby due to concerns of loitering. The only other shelters are near the Post
Office on Main Street
and on Route 9D near the Municipal
Center. Councilmember Thompson explained people who
live in the area feel they are not being adequately represented and have no
alternatives. Bill Shaw from Beacon
Housing Authority has been invited to several meetings and has not responded in
a positive manner. After some discussion
regarding constructing and placement of shelters, City Administrator Braun
suggested inviting Mr. Shaw to a workshop to discuss the issue.
Council will vote on a resolution to authorize the
Mayor to accept the Dutchess County 2006 STOP-DWI Enforcement Program Funding
in the amount of $4,000 for the City of Beacon Police Department. This program funds enforcement in addition to
normal patrols and must be done on overtime.
Although additional overtime may be created due to court dates, officers
typically try to schedule court dates when they are working.
The Dog Control Officer suggested amending Section
99-15(B) of the City Code with regard to the way complaints and hearings are
handled. Currently the code requires a
hearing be held between both parties to see if he can reach an agreement with
them. This change would provide the
officer with discretion to bring the complaint before the City Judge rather
than try to mediate a difficult and heated situation between two individuals. This item will put on the agenda for a first
reading and to set public hearing.
City Attorney Pisanelli provided Council with a
written history outlining action that has taken place with the sale of the
former ski lodge property. City
Administrator Braun felt if the normal sale process could be utilized, the
property would have been sold long ago by a broker. The auction process and covenants make the
sale more difficult and less appealing. Councilmember
Kelly felt potential buyers are hesitant because there may not be a clear
title. City Attorney Pisanelli explained
all liens against the property have been cleared and suggested the City
consider guaranteeing title by purchasing a policy. Discussion took place regarding removing the
Bed & Breakfast requirements and lowering the initial starting price to $75,000
and $125,000 to entice bidders.
Discussion took place regarding a request to use Riverfront Park for the Latino Festival this
year. City Administrator Braun explained
that statutes have changed and if police protection is needed for an event, the
City is allowed to assess the charge to the event organization. In this case, after a discussion with the
Police Department and based on the event history, the recreation department
determined that two officers should be on duty for the event. City Administrator Braun said additional fees
would be charged to any event sponsor, i.e. Strawberry Festival, etc. if there
is a need. Councilmember Thompson asked
the City Administrator to provide details on what factors led to the
determination that this event would require additional staffing. Councilmember Foster suggested they establish
a time for the event to end. It was
noted that alcohol is available at this event.
Mayor Gould reviewed the upcoming agenda. She indicated the following people expressed
interest in becoming Zoning Board members:
Cornelius Sullivan, Jose Munoz and Sue Mathers. There were no further items on the agenda to
discuss and the meeting was adjourned at 10:00
p.m.
Respectfully submitted,
Etha
Grogan
April 12, 2006