Beacon City Council Workshop

December 13, 2004

The Beacon City Council Workshop was held on Monday, December 14, 2004, at

7:00 p.m. Present were: Acting Mayor Fred Antalek, Sam Way, Deanna Leake and Michael Fasano. Also in attendance: City Administrator Joseph Braun and City Attorney Gerard Pisanelli. Councilmember Eleanor Thompson and Lee Kyriacou were absent. Mayor Gould joined and presided over the meeting during discussion of hunting on City owned reservoir properties.

City Engineer Art Tully attended the meeting to review revised private road specifications presented at the last workshop. He reiterated that these specifications will be included in the City’s subdivision regulations so the Planning Board, at their discretion, can approve subdivisions with private roads. The latest version added use of common or shared driveways where their use would make sense. Mr. Tully advised discussion of specific application of the regulation. For instance, an application incorporating a private road is before the Planning Board for a four lot subdivision off Stone Street. On the other end of the spectrum is an 18 lot subdivision of the former Craig House property incorporating more than one private road managed by a Homeowners’ Association. Mr. Tully explained the objective is to make a flexible law to enable the Planning Board to make appropriate determinations in both applications.

Councilmember Leake questioned portion of the law “Proper provision shall be made for drainage . . .” Mr. Tully explained those provisions are listed in another section that deals specifically to drainage requirements.

Councilmember Way presented a sample declaration that would indemnify the City for future maintenance of a private road and suggested it be added to the law. Mr. Tully explained that these specifications were developed to alleviate and address the issue of eventual take-over of a private road by the City. He kept a copy of the declaration for review and inclusion if appropriate.

Councilmember Antalek asked how the specifications addressed development in a flood plain area. Mr. Tully explained subdivisions with private roads will be handled the same way as any subdivision as it relates to the flood plain. Proposals must comply with regulations as if a City street were being developed. Councilmember Antalek advised that lighting requirements be clarified by specifying the need for artificial or street lights.

He also felt the definition of “lot” be clarified to denote newly created lots. Councilmember Antalek asked if Section 8(a) on Page 22, which removes the City from the responsibility to maintain a private road, includes utility upkeep. Mr. Tully explained that utilities located within a private road will be City owned and maintained. They felt this requirement could be added as note on a subdivision plat. A standard statement will be developed for inclusion on each subdivision map. Councilmember Antalek suggested that the requirement for swales on both sides of a private road be removed as they may only be needed on one side, depending on the layout of the land. He also questioned the need for monuments on a private road that only has four houses on it. After some discussion regarding what constitutes a monument, Mr. Tully said they would add the definition of a monument for clarification. Councilmember Antalek questioned the requirement for a developer to install sanitary sewer lines, water supply lines and fire hydrants because there are lots in Beacon where those services are not available. Mr. Tully explained that section would be clarified to address those situations.

Councilmember Fasano suggested a requirement to remove all topsoil before constructing a road be added to the regulation.

Councilmember Leake asked if private roads would serve commercial uses as well. Mr. Tully explained only residential single family homes can be served by a private road, no apartment complexes. City Planner David Stolman will attend the next workshop for a detailed discussion of the law.

Land surveyor, Peter Hustis attended the workshop to review the status of Cherry Street. At one time consideration was given to widening the street, however the former Street Superintendent (Randy Casale) expressed concerns that trees along the road would be adversely affected. Those trees have since rotted and fallen down. This issue arose from a recent complaint by a new homeowner who does not have adequate water pressure. A statement from the City indicating the street is City owned and maintained (presented by Rombout Abstract) would suggest that the City is responsible for improving water pressure to the property in question. Mr. Hustis reviewed survey maps dating back to 1936, 1974, as well as a current map, in an attempt to demonstrate ownership of the street. A review of the various mapping revealed a dead zone exists in the middle of the street that no one owns. Therefore, the only “road” is a travel-way that has been consistently maintained by the City. The City then owns that travel-way by way of “prescription” and has the right and obligation to continue maintenance of the pavement area. Discussion turned to the City’s obligation to improve that water service line which is a shared private service line that was installed many years ago. Because Cherry Street is not a City street, the obligation to install a new line is not the City’s responsibility and the cost cannot be shared under recently passed legislation. There are other situations where houses share a service line and just because the City maintains a road, it does not mean they are obligated to improve water service. City Administrator Braun explained a similar situation arose on Beskin Place and the contractor was obligated to install a new line and fire hydrant. After some discussion, all agreed that letters should be sent to the affected property owners to inform them that Cherry Street is City owned by prescription only and the City will continue maintenance of the street, however, homeowners will be responsible for the cost of upgrading the water service line by joint application to the Planning Board. Mr. Hustis suggested a script map of the area be created to memorialize the existing situation.

City Administrator Braun reported that discussions took place in July regarding filling a vacancy in the Juvenile Division. At the time, no one was promoted due to budget restraints and a Sergeant was required to remain in a patrol position. Due to recent hiring, all patrol positions will be filled and consideration can be given to promoting a Sergeant to Detective Sergeant for the Juvenile Division. City Administrator Braun supported Chief Sassi and Detective Lieutenant Schofield’s recommendation. This item will be on the upcoming agenda.

City Administrator Braun introduced discussion of hunting on City reservoir property by explaining that only bow hunting has been permitted due to the number of trails and recreational uses that are not compatible with gun hunting. He recalled previous discussion regarding hunting on the Melzingah property and gun hunting could not be permitted because one would have to cross park property to get there and guns are banned from park property. Councilmember Antalek expressed his frustration with everyone’s concern for hikers. He explained the people who are paying for hunting licenses are the ones being shut out. He feels banning hunting is unfair and recommended that hikers be advised to stay out of the area for two weeks during hunting season. Councilmember Antalek suggested controlling the number of hunters by issuing permits for city taxpayers only. Councilmember Fasano agreed and emphasized the importance of reducing the deer population which has grown due to the reduction of hunters. City Administrator Braun reported some hunters are using guns anyway so it would be safer to inform hikers of hunting season and permit hunting. Although Councilmember Leake didn’t support gun hunting, she agreed that it would be safer to inform hikers of the situation. Councilmember Antalek suggested adding a notice on the City’s website and posting the area before the season opens. Shot guns can only be used for hunting in Dutchess County – rifles are not permitted. Mayor Gould suggested it would be beneficial for the City to consider designating the property as park land through a Hudson Highlands Land Trust so it would be tax exempt, thus saving the City money. If that recommendation is one Council wanted to think about, Mayor Gould felt there would be no point in allowing hunting for only a short period of time. Discussion took place regarding the need for a public hearing in order to obtain the community’s viewpoint. City Attorney Pisanelli said he would research the City Code to see if a local law or resolution is needed. This item will be placed on the agenda.

The New York State Office of Children and Family Services informed the Dutchess County Youth Bureau that Beacon’s 2005 Municipal Recreation applications were accepted and approved. Mayor Gould reported this is an annual occurrence and resolutions authorizing acceptance of the funds must be voted on. The recreation department will receive $4,241 and the Juvenile Division will receive $3,742 in funding.

City Clerk Carla Eylers sent a memorandum to the City Administrator requesting an increase in the 2005 budget for codification of laws. She explained the last update of the code book for 2004 exceeded the budgeted amount by $800, therefore, in anticipation that Council activity will generate as much or more legislation in 2005, an increase in cost was expected. The Council agreed to approve an increase of $1,000 as requested.

Mayor Gould explained the City’s Garden Club requested an additional $2,000 for Christmas lights and agreed that they are needed. This item will be placed on the agenda.

Councilmembers reviewed suggested changes to the proposed 2005 budget. Councilmember Way explained that at the October 25^th workshop, he brought forth concerns regarding a clerical salary increase that exceeded other raises. He requested the salary increase be brought back to what every other CSEA employee is scheduled to receive under the union contract. Councilmember Way explained the Mayor sent correspondence giving an explanation for the increase however it was his opinion that duties listed were typical secretarial responsibilities. Mayor Gould explained a number of duties have been added subsequent to original obligations of the title. City Administrator Braun also sent an email to Councilmembers calling for a review of each position’s duties and responsibilities before acting on one position. Mayor Gould explained that she was glad to receive staff comments and was confident that the Council would take note of each. She explained that the position is not the same clerical rank as it once was, in particular upkeep of a website has been added. Information on the website is maintained and changed promptly in a quality manner and is not the responsibility of a Mayor’s secretary. Mayor Gould explained she provided information on salaries from the Town of Fishkill because when their employees are given added responsibility, they take the opportunity to provide an increase in their salary. City Administrator Braun understood that this is a potentially difficult topic, one he felt best left to people who are not directly involved in the everyday workings of the City. Mayor Gould reaffirmed her belief that the secretary classification has changed over the last three years and those changes justify a new category. City Administrator Braun said there is a need to look at all positions – many have changed in one way or another. He feels an evaluation of responsibilities and duties by an outside entity would result in suitable recommendations for necessary changes. The Dutchess County Personnel Department performs in-house studies and all related positions should be looked at as they change from time to time. Mayor Gould agreed that change must be made in a fair manner however should be separate from union positions because it is a different category. City Administrator Braun explained all duties, both exempt and non-exempt positions, can be compared. He recommended Dutchess County Personnel review all positions to determine the correct classifications. City Administrator Braun explained the imposition of additional duties does not necessarily mean a change in classification. Councilmember Leake explained she is a member of a union and it is typical for members to be given more work. She feels a general review must be done for everyone in order to determine an appropriate pay scale. Councilmember Leake felt that legally such an increase can be done, but not ethically. Councilmember Way compared other departments: fire and police calls have doubled and the police or fire departments are not receiving more of an increase; the Highway Department’s workload has increased with additional trail maintenance and they are not getting more of an increase. Mayor Gould felt a compromise could be reached and agreed increases should be based on responsibility. Councilmember Leake felt that more and more people are underpaid and overworked; each year her workload increases. Mayor Gould explained her concern with the term “clerical” when the work being performed is far above a clerical position and commended work that is done. City Administrator Braun felt it important to have a disinterested third party make a determination and decisions should be made by comparison. Councilmember Way suggested holding off on an increase until all information is researched, then an adjustment can be made during the year if needed. Councilmember Antalek agreed with Councilmember Way and asked if the increase would bring the position’s wage equal to others. Discussion took place regarding pay scales and the right to discuss salaries outside of executive session. Councilmember Antalek supported an investigation and agreed to provide a salary increase during the year if appropriate. Councilmember Fasano agreed that increases should be fair and inline with other employees’ job descriptions. City Administrator Braun reiterated the need for a third party evaluation.

Another change to the 2005 budget included an increase to the City Attorney’s annual fee. He has not gotten a raise in three years, and as discussed at a previous workshop, Council agreed that a 14% in 2005 would compensate for the three years with no increase and make up for medical costs, health insurance and retirement benefits paid out of pocket.

Additional funding will be added to the Police Department’s gas line item to cover the increased cost of fuel.

The number of new radios for the Police Department will be reduced from 40 to 25 and will be leased rather than purchased.

The line item for the Police Department’s purchase of four new vehicles will be reduced to zero because funds will be taken from the fund balance as discussed with the Police Chief. City Administrator Braun explained the fund balance is in good shape and felt it would be prudent to purchase them outright rather than bond the cost. Mayor Gould asked why the new vehicles are not in the capital budget. City Administrator Braun explained they are purchased on an annual cycle to level the budget out. A total of four vehicles (one four-wheel drive) will be purchased and four vehicles will be taken off line. City Administrator Braun suggested, however, that as the year progresses, the department should be allowed to return to City Council to request an additional purchase if warranted.

Councilmember Antalek asked if the proposed Police budget for overtime was appropriate. City Administrator explained that he is not sure how the figure was derived as supporting documentation for that particular line item was not submitted. He reported 2004 was high due to short staffing and the figure appears to be based on experience over the last few years considering full staffing. City Administrator Braun said he will break down each week to see what percentage of overtime has been used on a weekly basis relative to the time of year.

Councilmember Way requested discussion of the Fire Chiefs’ stipend which was proposed to be 66% higher in 2005 than in 2004. He expressed his opposition to such a large increase and suggested a more reasonable 33% increase. Discussion took place regarding checks and balances required once a certain salary level is reached for volunteer workers. The problem with making the Fire Chief a non-volunteer position is that they would no longer be covered under the volunteer firefighter law. Also

questioned was the stipend which is listed under “mileage” since both Chief’s have new City owned vehicles to drive. After some discussion, Council agreed to reduce the increase to 33% and the City Administrator will investigate what line item their stipend should be listed under other than mileage.

City Administrator Braun reported Kathy Juhasz will meet with YMCA representatives on Thursday regarding the skate park. He spoke to the City’s insurance broker and City Attorney who both agree the best avenue for the City to take would be to allow the YMCA to take over the operation. There will be no additional costs or liability to the City. $3,000 will be left in the budget for the purchase of helmets or equipment if necessary.

Overall, the proposed 2005 budget was reduced approximately $100,000 or 2% after making the discussed reductions.

Council reviewed the upcoming agenda and appointments.

City Administrator suggested Council consider legislation to deal with street trees located in the City’s right-of-way. Tree issues arise on a regular basis and some communities have passed laws making owners responsible for trees behind located behind a sidewalk or curb line and the City responsible for any trees located between a sidewalk and curb. City Administrator explained that the City now takes care of many trees just because they are located in the right-of-way, even if it is 20 or more feet from the road. He suggested consideration of a law similar to sidewalk responsibility. Councilmember Antalek expressed concern that owners will be given responsibility for existing dead trees. City Administrator Braun added that the law could include the City’s responsibility to replace a tree if it dies as a result of road work. He also noted that currently, when a tree falls from one property onto another, the City has no enforcement ability and those situations are handled as private, civil matters. City Administrator Braun reported that during his research of the subject, he discovered ordinances exist where an owner is cited and if the problem is not corrected, the City can clean up and charge the responsible party. He advised Council to consider these ideas for future discussion.

There was no further business to discuss and the meeting adjourned at 8:50 p.m.