Beacon City Council Workshop

May 9, 2005

The Beacon City Council Workshop was held on Monday, May 9, 2005, at

7:00 p.m. Present were: Mayor Clara Lou Gould, Councilmembers Fred Antalek, Lee Kyriacou, Sam Way, Deanna Leake, Eleanor Thompson and Mike Fasano. Also in attendance: City Administrator Joseph Braun and City Attorney Gerard Pisanelli.

City Engineer Art Tully attended the meeting to continue discussion on private road and common driveway legislation being drafted in conjunction with City Planner David Stolman. Mr. Tully outlined major changes recently submitted include construction specifications requiring dust-free hard surfaces for individual and common driveways; and reduced shoulder width requirements for private drives to make them easier to construct. Concerns for easements to flush hydrants and conduct sewer maintenance, swales, and monument descriptions have also been addressed in the revision. Mr. Tully explained a right-of-way must be 50 ft. wide – 25 ft. on either side measured from the center of the road; and the requirement to remove organics prior to constructing a road are items listed elsewhere in the document. He asked that the Council carefully review the document and consider placing the item on a future agenda for action. Mayor Gould reported David Stolman will be available for questions at the Tuesday, May 31, 2005 workshop.

Mr. Tully advised Council that they must set a date to continue the public hearing on MS4 Stormwater regulations. Time will be needed to review comments or concerns that may be raised during the hearing. Mr. Tully explained the City has been following a five year compliance plan outlined by the DEC therefore should be in compliance within that period. There may be another five year plan put into place thereafter because the DEC wants municipalities to be more proactive. This year’s requirement involved promoting public awareness by defining items that adversely affect the quality of ground water. Although the plan does not a specifically name a particular project location, it overall identifies actions that affect ground water, i.e. illegal storm water connections into the sanitary system. Flow meters were installed to identify areas of increased flows to better target problem locations. Three catch basins on Dutchess Terrace were discovered to be hooked into the sanitary sewer. Also, the Building Department will be rechecking locations that were previously identified with illegal hook-ups through smoke testing.

Mr. Tully explained discussion continues on rezoning and in the meantime, the applicant for the Hiddenbrooke property has prepared preliminary development plans. Subsequently, the process is heading down two paths – one for rezoning and one for development. Storm drainage, preservation of open space, steep slopes and aesthetics of the ridge are being investigated as part of the review. Discussion took place regarding the number of houses that may be built on the 30 acres targeted for development. Mr. Tully explained the developer must prepare a conventional subdivision plan in accordance with existing zoning, and in this case the property is separated into two zoning districts. From that plan, a unit count is determined then the process of developing that into a cluster or conservation subdivision layout begins, i.e. condos, attached housing or single family houses. Councilmember Antalek raised concern that part of the property is located in Fishkill and Mr. Tully explained that the project must be presented in its entirety even if it is located in two separate municipalities. The project as a whole must be looked at in terms of traffic, access, etc. Mr. Tully advised that physical aspects of the property must be considered in determining a lot count and layout; certain areas of steep slopes and wetlands are taken out of the total buildable area right off the top of their calculations. The impact of proposed zoning is being further investigated by David Stolman.

Councilmember Kyriacou felt the City’s Master Plan should be updated, as suggested by the county, before any action takes place. He expressed his reluctance to permit development while that review is ongoing. City Attorney Pisanelli is working on the City’s options for action with David Stolman. A moratorium cannot be placed on one particular parcel. Councilmember Kyriacou feels the Master Plan must be completed now rather than later. Mr. Tully explained the rezoning process has been ongoing and the Council had been working with the previous owner in an effort to arrive at a plan that worked for both parties. He suggested the Council consider whether they would prefer to work with the new developer or issue a moratorium. Councilmember Kyriacou felt the developer would not benefit from moving forward with a plan knowing full well that rezoning is being (and has been) considered.

After reviewing responses to an RFP recently sent out for engineering services, City Administrator Braun recommended Lanc & Tully be reappointed. They have continually provided the City with quality and professional services. This item will be placed on the upcoming meeting agenda.

The subdivision map for the former ski lodge property has been filed with the County and the City Attorney prepared documents needed to sell the property. A previous attempt to auction the property did not reap adequate results, therefore it was suggested the starting prices be lowered to $99,000 for the smaller lot and $150,000 for the larger Bed & Breakfast lot. Discussion took place regarding possibly removing the restriction that the larger lot be used specifically for a Bed & Breakfast. Councilmember Way suggested reducing the price before changing the covenants. Marketing will be expanded to the New York Times and Connecticut papers in an attempt to generate more interest in the property. City Attorney Pisanelli reminded Council that legally the notice must be published in the Legal Notice section of the City’s designated newspaper(s). City Administrator Braun advised Council that they will need to authorize funds to cover additional advertising costs that were not set aside for the project. Consideration was given to providing Realtors with a monetary incentive to market the property. The City Administrator will investigate to see when the next Bed & Breakfast publication goes out so an advertisement for the property can be included. An auction date will be determined when advertisement dates are secured.

Representative Sue Kelly informed Mayor Gould that the House of Representatives recently passed the Transportation Equity Act, known as TEA-LU. Funding for two City of Beacon projects have been included in the legislation: $315,000 for the Hudson River Greenway Trail and $500,000 for construction of a municipal lot on Main Street. Deliberations continue on the prospect of purchasing properties near the Howland Library to sustain the project. The City has authorized appraisals of three properties (two homes and a vacant lot) for this purpose and the next step is for the Council to authorize a purchase. Councilmember Kyriacou suggested that property owners be notified in the future before an appraisal of their property is done. Councilmember Thompson opposed the acquisition because one of the properties is a multi-family dwelling and four families will be rendered homeless. She feels it is one thing if a private homeowner wishes to sell his/her property but renters would not have a choice. Councilmember Thompson argued that these families may not afford to stay in Beacon with the way rents are increasing. She expressed concern about the decreasing rental stock in Beacon and stated her opposition to demolishing homes for parking. Councilmember Way was concerned that the City would be paying $74,000 for the next 20 years only to achieve 46 parking spaces. Costs would be reduced if the TEA-LU funds are granted. Councilmember Kyriacou identified 6-7 vacant lots where buildings could be relocated to preserve housing and infill other properties near the center of Main Street. City Administrator Braun said Council could consider giving owners the right to develop multi-family dwellings in this area as an incentive.

City Administrator Braun suggested any purchase offer made by the City be made contingent upon a positive vote for the library. The contention was however that the City ultimately needs more parking anyway. City Attorney Pisanelli advised Council that they must be careful about paying the asking price which is much more than the appraised value. Library officials have approached the owners and they are not willing to sell the property at the appraised value. Ann Forman informed Council that their attorney had negotiated a price with the owner and created a letter of intent outlining a cost for much more than appraised value. She will prepare a package of information for Council so they have a clearer understanding of the situation.

Discussion took place regarding the reconstruction of Tioronda Avenue Bridge and South Avenue. Several community comments were submitted and forwarded to the engineer. Many residents don’t want any traffic, some want a one lane bridge with pedestrian traffic, most want the historic bridge preserved and no one wants it to become a thoroughfare. Mayor Gould noted that it is also located along a designated Scenic Road. Councilmember Kryiacou said the Master Plan Committee will look at this, and will also consider the major issue of how to route the influx of people to the proposed Rivers & Estuaries Center. The primary way into that facility may be along Dennings Avenue behind the Dia:Beacon museum, however the planners should be considering that access as part of the big picture. City Administrator Braun explained public comments are being submitted to the engineers as they are beginning the environmental review process. He explained the Department of Transportation lists this project as a Federal Highway Program therefore it must carry two way vehicular travel – even if it is only a one lane bridge. If it is not used for vehicles and only designed for emergency access, the City will no longer be entitled to funding. City Administrator Braun advised Council to continue with the environmental review process before deciding not to continue with the project.

Mayor Gould asked that a notice be sent to Channel 22 that it is illegal to operate ATV’s on Mt. Beacon. She reported there are only three park rangers to police the mountain and Grace Hedges is once again being inconvenienced by ATV activities. City Administrator Braun will check to see if signs banning ATV use were installed on Pocket Road.

Council reviewed past minutes regarding a local law to create a new chapter in Beacon City Code entitled “Employment of Relatives”. Research indicates a resolution was passed however a local law was never enacted. Councilmember Thompson felt the law is weak and should be strengthened. She feels additional language should be considered and that the legislation be made retroactive. Councilmember Thompson believes laws should reflect the growth that has taken place in the City because problems will arise since today’s world is different. Councilmember Antalek argued that this topic has been discussed at length and Beacon is a small community. Understandably there are many newcomers to Beacon however for the old families of Beacon this exclusion will drive their children out of the City. Nearly everyone in Beacon is a relative of someone - a fact that cannot be changed. Beacon is a close knit community unlike many other nearby cities. Councilmember Kyriacou understood the situation but suggested establishing a policy to outline practices under which someone related could be hired. He feels most importantly that the City Administrator should not employ one of his/her relatives since he oversees all departments. Employees who work in different departments should have no effect; correspondingly those employees within the same department who are not in managerial positions should have no effect. Councilmember Kyriacou suggested the City Administrator be directed to determine if related employees within a department are, or could be, adversely affected. He feels this would provide a mechanism for change as well as provide protection to employees after the fact. Councilmember Thompson reiterated her concern and asked that tighter wording be considered. She provided the City Attorney with information from other government organizations to better outline her intentions.

Mayor Gould received a request from Roger Conner of Cablevision, that the Council reconsider reversing the decision to pull out from the local news in July as outlined in a resolution passed in 2004. The cost of local news has been reduced from $0.58 to $0.45 per month. City Attorney Pisanelli said the Council could extend the Memorandum of Agreement for one year rather than terminate it altogether if they felt it appropriate. Charlie Symon and Mike Laneri representing the Cable Committee forwarded their concerns that the news continues to be aired in communities that do not pay the monthly fee. Mr. Laneri cited his concern is not necessarily the cost, but rather the principal that Cablevision misled the Council and citizens of Beacon by giving away the signal for free to communities in northeast Dutchess County. Mr. Symon similarly was unhappy that Beacon is paying for what others get for free. Councilmember Kyriacou wanted the newscast to continue but said he would like to see Cablevision devise a plan to bring other communities on board to make it fair. When asked how many customers subscribed to cable, Mr. Conner said that information is included in the franchise report however he is not permitted to publicly provide that information. Mr. Conner explained Cablevision made the initial business decision to stop the local news; however when the community began the process of seeking restoration, the northeast Dutchess system was on a different channel line up. During the reinstatement process, he explained, the Dutchess system was upgraded and interconnected with the Wappingers system. Therefore they were not part of the negotiations so Cablevision could not charge them after the fact. Mr. Conner explained those communities do not get news coverage for their areas. He reported that 14 out of the 15 communities involved agreed to dismiss the issue because it expands the advertising range. Mr. Conner explained Sharon Hospital advertised on the channel to reach out to customers from Poughkeepsie and eastern municipalities. Similarly, the Beekman Golf Club has purchased advertisements. Mr. Conner felt this creative project has come a long way and the drop in cost has come sooner than expected. Councilmember Thompson expressed concern that municipalities receiving the news for free are better off financially. Mr. Conner explained those communities do not benefit from news in their areas; they only see news from municipalities that pay the fee. He reported the News Director determines what is aired and if a story has great impact on all 15 communities then it is broadcast. They also work in conjunction with Time Warner Cable on significant or relevant news. Discussion turned to the senior citizen discount that must be renewed annually. The paperwork is confusing and many seniors either don’t understand how to fill it out, or they are unable to get to the Cablevision building. City Administrator Braun explained forms are available at City Hall and can be filled out with assistance from the clerk’s office. Anyone age 65 and over is entitled to the discount and there are no income requirements. They will receive 10% off their basic service. Councilmember Way suggested the cable committee attend the next workshop to air their concerns however City Attorney Pisanelli explained we have their general comments, and Council must vote before May 16th to continue the news without interruption. Councilmember Kyriacou asked Mr. Conner if Cablevision will ever change the situation. Mr. Conner explained they are receiving requests to expand their coverage areas from other local governments and schools; although they are not closed to the idea, the first year is not yet completed and they feel it too soon to tax their resources at this time. Staffing is at a minimum and would be spread too thin if coverage areas were expanded. After some discussion the majority of Councilmembers felt the agreement should be renewed for one year to see if the price goes down. Councilmember Lee suggested adding wording that Cablevision should be making efforts to bring other paying municipalities on board. City Attorney Pisanelli asked that Cablevision report to Council later in the year to report on their progress.

Council reviewed a request to authorize a partial refund for 2004 Real Property taxes for 23 Helen Court. The owner’s application for an Alternative Veteran’s Exemption was filed on February 25, 2003 and was accepted by the Assessor’s office subject to the submission of the Kozac’s deed. The application was placed in their property record folder, and the deed was received and processed on March 14, 2003. Inadvertently, the Assessor failed to record the exemption on the 2003 and 2004 tax rolls therefore the Kozac’s are entitled to a 10% and 15% exemptions. This item will be placed on the upcoming meeting agenda.

The first Comprehensive Plan Review Committee meeting is scheduled for Wednesday, May 18, 2005 at 7:00 p.m. in the Municipal Center courtroom.

Council reviewed the upcoming agenda. City Administrator Braun asked that outdated and accomplished items listed on the agenda as “pending” be removed and/or updated. There was no further discussion and the meeting was adjourned at 9:15 p.m.