Beacon City
Council Workshop
May 31, 2005
The Beacon City Council Workshop was held on Tuesday, May 31, 2005, at
7:09 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 address questions on the amended private
road and common driveway legislation presented at the last workshop. All comments and concerns were appropriately
addressed therefore this item will go on the regular agenda for first reading
and to set the public hearing for June 20th. Mr. Stolman advised the document be referred
to Dutchess County Planning and the Planning Board for review and comment.
Peg
O’Leary from Hudson Valley Housing Development Fund Company sent correspondence
to the City requesting an extension for their Special Use Permit that was
issued for a senior housing project, known as Meadow Ridge II, on Matteawan Road. Section 223.18(E) requires a building permit
application be submitted for within one year of the issuance of a Special Use
Permit; Meadow Ridge was granted their permit in April 2004. Due to an unforeseen delay in Federal funding,
they are requesting the City consider reissuing or extending their Special Use
Permit. Because the code is not clear
with regard to Special Use Permits when construction has not started, City
Attorney Pisanelli advised them to return to the Planning Board so they can make
a recommendation to the City Council.
They are on the upcoming Planning Board agenda. City Attorney Pisanelli
and City Planner David Stolman will work on wording to secure a process for
similar cases in the future.
Street Superintendent Rob Riley requested Council
consider amending Section 131.9 which regulates the City’s free dump at the Recycle Center.
The law specifies that this program run from the first Tuesday in May
through the last Saturday in September of each year. Although the program appropriately starts in
May and ends in September, the Street Superintendent said it would be less onerous
if the law provided some flexibility in the specific starting/ending week. Councilmember Fasano suggested the free dump
period run throughout the year but City Administrator Braun explained seasonal
leaf pick up, spring activities and snow removal makes staffing difficult. An amendment will be prepared for
consideration at the regular Council meeting.
City Administrator Braun recommended milling and
repaving Main Street
from Route 9D to North Walnut
Street and South Chestnut Street to Veteran’s
Place. Although not prepared to
completely reconstruct the street, those portions are in poor condition. The work will cost approximately $139,600
based on City bid prices received for 2005.
The cost breakdown is $54,600 for material and $85,000 for milling. The money will come from funds bonded for
road projects. Since parking on Main Street is at a
premium, Councilmember Kyriacou suggested extracting extra spaces by changing
parking stripes. He explained Dave
Miller from the Traffic Safety Committee also recommended relocating fire
hydrants from mid-street to the corners to create parking where currently
prohibited, as well as provide adequate sight distances on corners. Mr. Miller was asked to bring this to the
Traffic Safety Committee for their input.
Councilmember Kyriacou also suggested moving the planters that jut into
the street to gain more parking spaces.
The planters in question are located on the east end of Main Street which
was reconstructed in the recent past and would be difficult to change.
Dave Miller presented Traffic Safety Committee
recommendations for traffic code changes.
They noticed a typographical error in City Code therefore asked that it
be corrected to properly read, “No Parking, Stopping or Standing on the south
side of Main (spelled Amin) Street from
Schenck (was Teller) Avenue to Teller (was Tioronda) Avenue”. Their other suggestion was to install “No Parking,
Stopping or Standing” signs on the west side of Willow Street from Verplanck Avenue to Orchard Place. This recommendation was made because residents
complained that they could not get in or out of their driveway when cars park
there. Councilmember Antalek expressed
frustration because over the years parking has been reduced near St. John’s church – a
place where parking has historically been tight. He reported the house near the HEBE statue triangle
made additional curb cuts without permits in order to expand their parking
area. Parking along Verplanck Avenue has been limited as well
and this restriction would take away even more parking near the church. Mr. Miller contended emergency vehicles
cannot pass because people don’t park close to the embankment. Councilmember Antalek explained many Beacon
streets are similar and felt parking should not be taken away all week when
cars only park there during Sunday services.
Councilmember Leake also opposed the parking restriction. Mr. Miller suggested making the street
“one-way” on Sundays from 7:00 a.m.
to Noon. Councilmember Antalek recommended
Councilmembers visit the site to get a clearer understanding of the
situation. Councilmember Thompson asked
if consideration had been given to purchasing the vacant lot across from St. John’s for
parking. Although the lot is for sale,
the steep and rocky terrain makes it difficult to develop. When reconstruction of Verplanck Avenue was in the planning
stages, consideration was given to taking a portion of the church property to create
additional parking however church officials did not support the idea. The church at one time initiated plans to
create a parking area to the rear however mature trees and landscaping would be
disturbed and the project has been put on hold.
The general consensus of council was to leave the parking situation as
is on Willow Street. The third item was to correct a designated
school zone – the zone should limit speed to 15 mph and extend both directions
from Wolcott Avenue
(starting at Tioronda Avenue
to a point 1,320 ft. west). These items,
with the exception of parking on Willow
Street, will be placed on the upcoming Council
agenda.
Principals and representatives for the Preshrock
Corporation presented their conceptual plans for subdividing the Hiddenbrooke
property located off DePuyster
Avenue.
Attorney Brendan J. Mayer from Shamberg, Marwell, Davis & Hollis,
P.C. explained his client presented three drafts of proposed development for
the property. A conventional subdivision
layout determined that the property would support 73 units. A subsequent clustering cluster plan was created
in order to protect the property’s natural resources, i.e. wetlands, streams
and steep slopes. Mr. Mayer explained
upzoning the area would hurt the environment and force his client to spread
homes around the property. He reported a
cluster plan will benefit the City by cutting infrastructure costs and reduce the
creation of impervious areas. In
response to the need for park lands, Mr. Mayer explained the developer has
proposed to dedicate 80 acres to the City or other non-profit organization at
no charge. He reported the longer the
City Council delays in making an offer on the property, the more money his
client is spending, thus driving up the cost.
In an effort to demonstrate their cooperation, Mr. Mayer reported they contacted
adjoining property owners regarding their concerns. As a result, they may dedicate some land to the
Carmelite nuns who want a buffer area to protect their land. Mr. Mayer explained his client is interested
in moving the project forward but costly and time consuming litigation will not
benefit either party. He reported the
developer has done several projects in Beacon and has established a good
relationship with the City and its professional staff.
Principal owner Larry Kalkstein, reported he
renovated 232 Main Street
which was a dilapidated and run down building.
The brick building was refurbished historically and unsightly new brick was
replaced with old, previously used brick to make the façade look better. A messy, overgrown and littered rear yard was
cleaned up and replaced with a beautiful garden court seating area. Mr. Kalkstein reported he renovated the
building across the street (257 Main
Street) in a historical manner so as not to change
the character of the structure. That
building was subsequently sold. He
purchased and improved properties on School
Street and Miller Street that were also sold. All of these renovation projects were done in
complete accordance with building and city codes. Mr. Kalkstein said he still owns the 232 Main Street
property, as well as property on South
Brett Street.
He has used, and continues to use, local professionals which shows his
commitment to helping the community.
Glennon
Watson of Badey & Watson Engineering and Surveying presented the
developer’s conventional layout with 76 units – two units are located in the
Town of Fishkill. The layout conforms to the current R1-10 and
R1-40 zoning districts. Mr. Watson explained
they are at the beginning of a lengthy research process for the property. The initial plans were developed with
existing topography maps just to show how many lots can fit under current
zoning. Once the preliminary count was
established they developed a clustering plan that utilizes much less land and
clusters development together. The
favored cluster plan proposes 74 units near DePuyster Avenue to help reduce costs in infrastructure,
pump station and utility hook-ups. It
maximizes the developer’s yield and protects the environment by minimizing disturbance. Mr. Watson reported they have a new topographic
map which will provide more information on the slopes and better outline
physical limitations. He said they are
now in the process of flagging areas to more precisely locate areas of
concern. As a result, they anticipate a
reduction in the number of units.
Councilmember
Antalek expressed concern for stormwater run off into Jessen Park. Mr. Watson explained it is too soon to give a
definitive answer but that matter will be seriously considered during the planning
process. Mr. Mayer reported this plan
provides the best scenario under current zoning and confirmed that all concerns
will be addressed during the Planning Board review process. He said they intend to work diligently with
City consultants and the purpose of this preliminary plan is to demonstrate that
this is the best way to preserve the property while giving the City (or a
similar entity) land free of charge. Mr.
Watson explained drainage is handled one of two ways – to disperse water quickly
or hold/detain so it leaves the site at the same rate or better. Additionally, new stormwater quality regulations
require storm water to be treated before being released back into the environment. Devices are created to capture stormwater so
it can settle and clean before being released.
Mayor
Gould asked when they anticipated a complete proposal to be prepared. In response, Mr. Watson explained they hope
to return to the Planning Board in July with a new topography map detailing
areas of limitation to further define buildable areas. After that, they will move forward with a formal
application to the Planning Board. He
reported they are in the process of flagging areas and their biologist is obtaining
samples and identifying significant features of the land. Councilmember Thompson expressed concern for
runoff and underground streams. Mr.
Watson said they are not yet sure if underground streams exist and studies will
be done to make that determination. He
explained those tests are not typically done where municipal sewer is
used. Councilmember Thompson told about
construction of a new church on Route 9D where an underground stream emerged
during construction. She asked if the US
Army Corp of Engineers identified this property as wetlands. Mr. Watson was unsure but said that
information will be made part of the upcoming report. Councilmember Leake’s main concerns were water
problems and adverse affects to the environment. She urged the developer to work with the City
and emphasized the importance of providing answers before the subdivision design
is determined. Mr. Mayer informed the
Council that they want an open dialogue and offered to discuss the subject with
any Councilmember.
The Preshrock group presented a proposed rendering of
the townhouse design they area considering.
Building groupings would consist of two large units on each end and
three units in middle. The larger end
units would be approximately 3,000 to 4,000 sq. ft.
Councilmember Kyriacou appreciated open dialogue but
had concern with an earlier statement about the situation ending up in
litigation. He encouraged them to stick with
dialogue. Mr. Mayer apologized if his
comment regarding litigation was taken the wrong way. Councilmember Kyriacou explained the fundamental
issue before them is the project’s consistency with the City’s Master
Plan. He said the 30 year old Master
Plan is now being updated therefore it is too early to determine whether this
project will be consistent with the updated version. At this point conclusions on many questions
have not been determined; decisions have not been made as to whether City needs
townhouses, apartments, single family homes, if the school system can handle
more students, etc. Councilmember
Kyriacou explained the City will be unsure until they have completed their
homework. He reported Dutchess County
advised the City to update their Master Plan and this developer was aware of
this activity before the property was purchased.
Councilmember Thompson advocated for parkland. Councilmember
Way said the property was named “Hiddenbrooke”
because of hidden brooks on the property.
He feels that issue should be clearly investigated. He also noted the cluster development
proposed runs parallel to Jessen
Park – an area that
already has drainage issues.
Councilmember Fasano expressed concern for the number of additional
school children and infrastructure, i.e. will roads be dedicated to the City or
will they be privately owned and maintained.
He feels a full traffic impact study must be done.
City
Planner David Stolman had no comment on this discussion. He advised Council that the Planning Board is
obligated to proceed with submitted applications in a normal way; the City
Council must take control of the process and decide what is in the best interest
of the city. He felt Beacon is in this position
now for a variety of reasons and in learning from the past, the City Council must
understand that they can’t tell the Planning Board what or what not to do once
an application is submitted. Mr. Stolman
explained the Planning Board is not a legislative body but is obligated to process
applications in an expeditious manner – whether or not the new Master Plan is
completed. He advised the City Council
to decide what is best for the city – they have a number of options before
them, i.e. purchase the property outright, purchase development rights, establish
a conservation easement, rezone the property, etc. Either way, he explained the City Council
must decide the best action and move forward with the process. Councilmember Antalek felt discussion of the
project was too premature; the developer is not sure of the water table and the
project has not been reviewed by the Planning Board. City Attorney Pisanelli emphasized the
importance of an open dialogue. He
explained this discussion is a follow up to an earlier meeting and everyone has
the same information at this point. City
Attorney Pisanelli thanked the Preshrock group for taking time to meet with the
City Council. He advised the City
Council to move forward as they see fit.
Councilmember Leake, on a positive note, commented that the garden to
the rear of 232 Main Street
is beautiful and well done.
Building
Inspector Tim Dexter attended the workshop to review possible legislation for
absentee land owners. Two versions are
under review – one from the City of Poughkeepsie
and one from the City of Kingston. Mr. Dexter explained the Kingston
law is much more comprehensive, although items from Poughkeepsie’s law may be advantageous. He explained there are some points in Kingston’s law that he
strongly disagrees with at this point, however he wanted to get feedback from
the Council. Both laws order owners who
rent their property to register with the municipality. In Kingston,
if the owner does not live in Dutchess
County, they must
designate a “managing agent”. Mr. Dexter
explained that would be good for the City because it will be easier to make
contact with an owner, however, it would probably not go over well with
property owners. In cases of violations
that lead to prosecution, owners who live more than two counties away cannot be
served under new legislation. Also, one
of the laws lays out an inspection requirement involving a fee which may cause
staffing issues. City Administrator
Braun explained a common problem is being granted access to a building and this
would provide a mechanism for the City to have legal access to properties. Mr. Dexter explained some building owners
hire local Real Estate agents to help deal with issues when they arise which is
very helpful to the department.
Councilmember Thompson noted that property managers do not need to be
licensed. She felt the City should be
careful not to open “Pandora’s Box” because problems will arise when dealing with
single family homes. Mr. Dexter said one
of the biggest differences between Poughkeepsie
and Kingston’s
law is the requirement for rental permits.
Although cumbersome for staffing, permits would help us know what is
being rented. Discussion took place on
the best way to limit the inspection requirement, i.e. commercial or multi-unit
dwellings. Either law will include
vacant buildings since they are never owner occupied. A less restrictive law could be instituted
and then built on in time as needs arise.
After much discussion regarding enforcement and the law itself, Mr.
Dexter was asked to review each law and return with something that does not
require hiring additional staff.
The City Clerk sent a memorandum to the City Attorney
expressing concerns that the City does not have a taxi ordinance in the City
Code. Although proposed legislation was
reviewed and considered two years ago, taxi owners expressed a great deal of
concern and the subject was dropped. The
City Clerk posed many questions and items that should be considered. After some discussion regarding current
policy, City Administrator Braun suggested Council review legislation that was
in the old code so at least something can be put on the books. This will be reviewed and discussed at a
future workshop.
City Administrator Braun explained the 2005 budget
included anticipated revenues from owners’ of the three properties located in
the Economic Development Zone. In 2004
each property owner was informed that in order to remain in the zone, they
would need to pay the $5,000 fee. Sand
& Stone Associates paid their fee in January 2005 and Scenic Hudson
informed the City that the Foss Group would be remitting the fee for Long Dock
property. Beacon Terminal Associates have
not responded yet, therefore City Administrator Braun recommended paying the
$10,000 in order to keep two of the three properties in the Economic
Development Zone. This fee must be paid
by the City in 2006 but rules that establish zones are changing.
City Attorney Pisanelli set a new auction date for
the Ski Lodge Property – July 22nd at 9:00 a.m. He
drafted a new resolution reflecting the agreed upon starting prices of $99,000 for
the smaller lot and $150,000 for the larger Bed & Breakfast lot. City Administrator Braun reported Donna
Hardisty is putting together an option package for advertising and listing in
the MLS. This package will be presented
to the City Council for review.
Councilmember Kyriacou reported he met with a senior officer from the
Rockerfeller Foundation who was looking for similarly sized properties. He was initially interested until he heard
about the Bed and Breakfast requirement.
A letter of resignation was submitted by a female
Police Officer and City Attorney Pisanelli advised Council to formally accept the
resignation at a Council meeting. This
will be discussed further in executive session.
Mayor Gould received a letter requesting the City
consider designating Route 9D to Martin Luther King, Jr. Route 9D was recently designated as the POW
MIA route, therefore an alternate route will be considered. Mayor Gould asked Council if they supported
the concept. Councilmember Thompson suggested
naming one for Latisha Morgan who was raised in Beacon. The Martin Luther King board will meet and forward
their recommendations to Council.
Discussion took place regarding additions to the
City’s law regarding Nepotism. The Code
of Ethics provides vague wording that is more than likely unenforceable. Something stronger and more specific is
needed, such as enacting legislation that prohibits employment in departments
where a relative is in a supervisory position.
City Administrator Braun recommended specifying sons, daughters, mothers
and fathers as relatives who cannot be in a direct chain of command. Much debate took place as to what relatives
should be listed and if any law could be made retroactive. City Attorney Pisanelli said it was his
understanding that Civil Service protects those who have already been
appointed. Councilmember Kyriacou suggested
establishing a certain pay limit so as not to affect coaches or recreation
staffing. City Attorney Pisanelli will
draft a document for Council consideration.
City Attorney Pisanelli reported, as previously
discussed, the Library is relying on the City to provide parking in conjunction
with construction of a new library. Subsequently
the library’s attorney prepared a letter to formally cancel a previous Letter
of Intent sent to owners of property interested in selling. Councilmember Thompson investigated listings
in the MLS system and confirmed that one of the properties is overpriced.
There were no further items on the agenda to discuss
and Councilmember Way
made a motion to go into executive session to discuss a personnel issue and
possible litigation, seconded by Councilmember Fasano. All voted in favor. Motion carried. Council went into executive session
at 9:33 p.m.
Respectfully
submitted,
Etha
Grogan