Beacon City Council Workshop

July 25, 2005

The Beacon City Council Workshop was held on Monday, July 25, 2005, at

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

Jim Sedore and Linda Hannigan from Sedore & Company, attended the workshop to review and comment on the 2004 audit report. Ms. Hannigan reported this document outlines their findings and provides the City’s response to each comment. Approximately one dozen findings from the previous year were satisfied. The most significant highlight relates to fixed assets through GASBE requirements to capitalize fixed assets. Work on the accounting system is ongoing and adjustments continue. Improvements in the capital project monitoring system have occurred and outstanding comments should be cleared by 2005. Although there were changes in City staffing, the water and sewer billing improved and documentation supporting deposits into the system were enhanced. Cross training between water/sewer, cash register and tax collection personnel has taken place. Ms. Hannigan explained union contracts are up for negotiation this year which will effectively bring changes in the future. Overall, 2004 brought forth big improvements from the City Administrator and his staff. Councilmember Kyriacou asked if the City has adequate reserves and Mr. Sedore reported there is a very healthy fund balance of approximately $6.8 million, an increase of $1 million. Councilmember Kyriacou noted the City gets a sizable share of sales tax revenue.

Councilmembers reviewed Council and Mayoral salaries from surrounding communities. Beacon’s salary schedule is less than others, aside from the Village of Wappingers. Councilmember Antalek supported the committee’s recommendation to increase Beacon salaries. City Attorney Pisanelli explained the Council must pass a new local law to negate a previous law which called for a referendum before an increase could take place. A previous referendum for a salary increase was not supported by the majority of voters. Councilmember Antalek felt the public is not adequately informed of the time and effort that goes into the positions. He believed this would be an opportune time to consider an increase since three incumbents are not running for office next term. There has not been a salary increase in years and compensation barely covers expenses for mailings, attending events, phone calls, etc. The average salary for surrounding areas is about $10,000. Councilmember Way said he did not take the job for the money and the position is not designed to make money. Councilmember Kyriacou noted some of the other communities don’t have professional managers which should also be considered. He supported investment into non-partial educated management, i.e. city manager or city administrator, as an important part of good government. Mayor Gould noted the salary schedule was reasonable when initially established 15 years ago, however expenses have increased. Councilmember Leake understood both sides of the argument but felt any raise should be reasonable. Councilmember Thompson supported an increase because the current salary closes the door to a certain part of the population; not everyone can perform the job for public service, i.e. single parents. She was not sure if this would be the best time but felt something must be done for the future. Councilmember Way felt the public should be educated on the facts and they should be allowed to decide. Councilmember Kyriacou compared the issue to bonding that must be approved by voters therefore felt they should also make this choice. Councilmember Antalek suggested a smaller raise of $1,000 for more of an incentive and to cover out of pocket expenses. Councilmember Fasano felt a raise would encourage involvement of educated people with ideas who would otherwise be snuffed out due to cost. He supported the committee’s recommendation to increase salaries. Mayor Gould supported a smaller raise to take place over time. Councilmember Antalek suggested structured increments if any increase is approved. Increases could be congruent with union increases. City Attorney Pisanelli will draft a local law so a referendum is no longer needed to increase Council salaries. A public hearing will be held for input from residents.

Council considered proposed legislation to revise the Artist Live/Work law with regard to the inspection procedure for reissuing permits. If the Building Department determines that the live/work space is non-compliant, the owner would be granted 60 days to rectify all non-compliant issues and reapply for an inspection for an additional fee. If those issues are not properly corrected, the Certificate of Occupancy and Special Use Permit would be terminated. Consideration was also given to providing an expiration date on these Certificates of Occupancy to provide more incentive for the owner to comply with the initial inspection and follow-up remedies if needed. No additional inspectors will be needed.

Aryeh Siegel and his client Stacy Shurgin, owner of 544 Main Street, attended the meeting to discuss the proposal to create easements through the municipal parking lot to allow the construction of a parking area behind the building. Council considered this request at the last workshop and due to the number of suggested alternatives, the owner was invited to discuss other options. The building will be renovated into 14 apartments, 600 to 1,200 sq. ft. in size consisting of studio, one and two bedroom units; and 3 commercial spaces on the lower level. The rear portion of the building will be demolished to the foundation and a new addition and foundation constructed approximately 40 ft. from where the current piece ends. Councilmember Kyriacou raised concern that space for additional parking will be taken away by the proposed expansion. Mr. Siegel explained a variance was granted by the Zoning Board of Appeals to create a 14 space parking lot with the owner paying a fee in lieu of the additional required parking spaces. One suggestion was to approach the owner of the property southwest of the property to secure access, however it was recently purchased by another party intending to build on the site. Another suggested solution was to utilize the 10-foot wide driveway on the side of the building however the City Planner had safety and usage concerns with a long one-way drive leading to and from Main Street and felt it would not be feasible for use as an access. Councilmember Fasano suggested creating a shared driveway for use by both property owners. Mr. Siegel reported that he reviewed a sketch of their proposal and most of the property is utilized and the new owners were not very supportive of the idea when approached in informal discussion. Ms. Shurgin explained her dilemma is more than just access to the parking lot, but also involves the need for a very large and unsightly retaining wall on the property.

Discussion turned to the overall problem of Main Street proposals that don’t require or provide additional parking. Councilmember Kyriacou felt if no additional units were being proposed there may be enough parking. A long debate regarding parking needs, zoning requirements and tracking fees generated in lieu of parking took place. Ms. Shurgin asked Council if they would consider an arrangement where the lot could be open to the general public. The lot could be built to City standards, joined with the municipal lot and reconfigured to provide additional spaces. It could then be given to the City to own and maintain. Ms. Shurgin supported the idea and was open to further discussion.

Council considered purchasing property at the corner of Main and Eliza Streets to create municipal parking. The buildings are an eyesore and recently major police activity has taken place with building tenants. The property is centrally located on Main Street and could make a big difference to business on Main Street. Although the owner has not been approached with the idea, an appraisal done in 2001 valued the property at $250,000. Property values have increased dramatically since then and the current owner purchased the property for $460,000 in 2004, therefore the original appraisal needs to be updated to determine its actual value. The parcel has several buildings and holds commercial value. The corner lot could be sold to recoup some of the acquisition cost. Council will vote to approve the cost of updating the appraisal and City Administrator Braun will work on drafting a related budget.

City Administrator Braun reported the City has no provisions for picking up wild animals and recently a Teller Avenue resident called the Police Department to report a raccoon that was acting strange, disoriented and finally chased them. The police advised them to call Critter Control from Garrison, New York for assistance. They called, the agency responded and they were charged a $75 fee. They subsequently found out the animal was rabid. City Administrator Braun explained the City does not have anyone trained to deal with this type of situation because our animal control officer can only handle dogs, not other wild animals. Discussion took place regarding the laws, requirements and training necessary to handle these cases. Ultimately Council felt it would be best to contract with a similar agency or at least reimburse homeowners. A local law will be needed but the City can make arrangements for staff to contact the agency.

Debate on the Tioronda Bridge continued. At the last workshop the general consensus was to move forward with plans for a single lane bridge with a pedestrian/bike path. Mayor Gould was unaware that the pylons and bridge alignment would change. The South Avenue underpass was to be widened otherwise the project would not be funded by the Department of Transportation. Mayor Gould pointed out the importance of upholding the City’s Scenic Road legislation. City Administrator Braun reported the Department of Transportation and federal highway representatives must consider all factors and grant an exception in order for the bridge to be made one way with pedestrian traffic. If the desires of the City do not meet their regulations and an exception is not granted, the project will not be funded. Alternately, if the City decides to historically preserve the bridge for pedestrian travel only, then the underpass will not change. Discussion took place regarding potential development in the area that may create the need for better transportation. Councilmember Thompson felt the Council should be looking at the big picture and be honest about dealing with traffic. The Department of Transportation project will be exploited first.

City Attorney Pisanelli prepared a summary of the Federal investigation report submitted to the City in June. A timetable to go over changes that have been made or need to be made will be created. Department policies must be reviewed and a detailed response prepared.

City Administrator Braun explained a few weeks ago a body was found in the creek and the Police Department had to save the clothing for evidence. The odor that permeated from that evidence ordered the evacuation of employees on the lower level of the Municipal Center. At the time, City Administrator Braun suggested they contact other agencies where the evidence could be better processed. He was told the evidence could not be moved due to the chain of custody and importance of maintaining its integrity for the investigation. As a result of this incident, the Police Department recommended the purchase of a drying cabinet equipped with an air filter to dry such evidence in the future. The cabinet can be purchased for $5,665.90 including delivery, setup and testing. Since this was the first time the building had to be evacuated, discussion took place about possibly using facilities at the state police or county level considering Beacon taxes support both county and state agencies. City Administrator Braun reported the police were invited to the workshop to discuss the proposal.

At the July 5, 2005 Council meeting, a vote was taken to transfer $12,740 in Community Development funds from administration to the following projects: $8,240 for landscaping along Dennings Avenue and $4,500 for security cameras on Main Street. The resolution was defeated with only four Councilmembers present. The proposal is now being reintroduced for a vote by a full board. The camera project was developed through Dutchess County and the additional funds will be used to increase the storage and capabilities of cameras already bid out. Councilmember Kyriacou preferred to see the funds go into highway projects and recommended the money be taken from the City’s general fund. He feels Community Development funds should be specific to community groups or infrastructure projects. This item will be placed on the upcoming agenda for another vote.

City Administrator Braun reported the River & Estuaries group aided the City in approaching state officials regarding the possibility of utilizing Department of Correction’s (DOC) property for a new DPW facility. He met on site with DOC representatives who seemed very positive about the project.

Council reviewed a suggestion to consider Alcohol Without Liquid (AWOL) legislation. New machines mix spirits with pure oxygen to produce a cloudy vapor that is inhaled or snorted as an alternate way to get high from alcohol. No action was proposed.

City Attorney Pisanelli reported no one was willing to present an opening bid for either of the former ski lodge lots. Previously, Council considered removing deed restrictions thought to be a deterrent to the property’s sale. Councilmember Fasano felt the City should keep the property in its inventory for possible mountain access and open space. Councilmember Kyriacou made the following suggestions: compare this property to other actions taken by the City, i.e. Brunetto Cheese; wait and see what the updated Master Plan reveals and, absent that, remove the Bed & Breakfast restriction. Councilmember Thompson felt that short of removing Bed & Breakfast requirement, the property should be held by the City until after the Master Plan is updated. Councilmembers Way, Kyriacou and Antalek felt since the property has been off the tax rolls since 1992, the Bed & Breakfast restriction should be removed and the property auctioned again. Councilmember Fasano and Mayor Gould supported keeping the property in the City’s inventory until the Master Plan is complete.

Mayor Gould provided a copy of Poughkeepsie-Dutchess County Transportation Council’s 2004 Road Data to Council for review.

Fire Chief Joseph reported the construction of the new sanitary sewer main on Simmons Lane requires the contractor to completely close the road making it impassable for fire and other emergency vehicles. The 16 ft. hole in the road takes approximately 15 minutes to cover which tremendously reduces response time and there is no other access. As a result, in order to maintain a safe level of protection, he feels it necessary to man the reserve engine at the end of the road during construction. Department of Transportation employees said that in other similar situations, a fire truck with supply water is situated on site until the hole is closed for the day. Councilmember Antalek suggested hooking a hose to a nearby fire hydrant for use rather than using a fire truck. Chief Joseph explained policy commands the use of a pumper, not a direct connect to the fire hydrant. He also did not want to leave an un-manned truck there due to possible vandalism or theft of the expensive equipment. Chief Joseph reported the overtime cost for coverage would be approximately $2,000 per week and the contractor estimates the construction to last for three to four weeks for a total of $8,000. Since this funding was not anticipated at budget time, he requested Council consider a supplemental appropriation. Although there are still adequate funds in the overtime line item, it will make the budget short for the remainder of the year. Councilmember Kyriacou sought a better solution because he did not think it wise to use public funds in this manner for such a short period of time. Chief Joseph was open to any suggestions but reiterated his concern for the safety of Simmons Lane residents. Debate took place regarding leaving a truck on site but un-manned or posted with a civilian, however Chief Joseph felt strongly that a driver should stay with the apparatus. Councilmember Way suggested seeking funds to transfer from within fire budget. City Administrator Braun explained this project was bonded and payment could be taken from those funds as part of the overall capital project. Rather than take from the General Fund, monies could be taken from bonding used to pay for all related costs involving the new sewer line installation. The appropriation from the sewer capital project to the fire department’s overtime line item will be put on the upcoming agenda for a vote. Councilmember Kyriacou welcomed the open comprehensive discussion.

Council reviewed the upcoming agenda and appointments. There was no further business to discuss and Councilmember Kyriacou made a motion to go into executive session to discuss personnel issues, seconded by Councilmember Leake. All voted in favor. Council went into executive session at 9:10 p.m.