Workshop Minutes

City of Beacon Workshop Meeting

February 13, 2007

Please Note: The following minutes were transcribed from a tape. Please read them over carefully and advise me of any errors and I will make the correction. Thank you. Lucy Cullinan, Recording Person.

WORKSHOP MEETING

The City of Beacon Council Workshop Meeting began at 7:00 p.m. at the Municipal Center (Lower Level), One Municipal Plaza on Tuesday, February 13, 2007.

In attendance were: Mayor Clara Lou Gould.

Council Members present were: Lee Kyriacou, Elizabeth Foster, Charles Kelly, Phil Shea, Steve Gold, and Eleanor Thompson.

Excused: Elizabeth Foster

City Administrator, Joseph Braun and City Attorney, Gerard Pisanelli

Guest Speaker: Fonda Muhammad, John Furst and Tim Dexter

Fonda Muhammad - Human Relations Commission gave spoke about office space that is needed. (Not on the tape).

John Furst - Beacon Terminals - 381 - 391 Main Street - Urban Renewal (Not on the tape). The following is a proposed resolution:

CITY OF BEACON CITY COUNCIL

Resolution No. ______ of 2007

EXECUTE AN AGREEMENT RELEASING THE PROPERTY (381-391 Main Street) FROM THE RIGHT OF REVERSION AND REVESTING AS CONTAINED IN THE 1972 DEED.

Whereas, certain property at 381-391 Main Street with a Dutchess County Tax Identification Number of 5954-36-996800 (hereinafter the “Property”), is subject to a Thirty-five year old agreement with the Beacon Urban Renewal Agency (the “Agency”) Dated December 8, 1972, and

Whereas, the thirty-five year old agreement required completion of certain Building improvements by April, 1973, enforceable by a right of reversion by the Agency, and

Whereas, the improvements were properly completed, as confirmed by the tax Assessor’s records, but no formal release of the right of reversion appears to have been executed by the Agency, and

Whereas, the Agency no longer exists, and The City of Beacon City Council is the successor in interest to the Agency, and

Whereas, the owner of the property has requested a release of the right of reversion in order to clear title to the property, and the City Attorney has advised that them is no public interest in maintaining said right of reversion since the work has been completed,

Now therefore be it resolved that:

1. The City Council hereby determines that the improvements as contemplated in the 1972 deed were completed.

2. The City Council hereby authorizes the Mayor, or other properly designated representative of the City, to execute an agreement releasing the Property from the right of reversion and revesting as contained in the 1972 deed. Said agreement is subject to review by the City Attorney and will he recorded in the Dutchess County Clerk’s office.

Motion to enter executive session to discuss an issue regarding a particular person at 7:20 p.m. Council Member Kelly. Seconded: Council Member Kyriacou. All voted in favor. Motion carried

Motion to end executive session at 7:40 p.m. Council Member Gold. Seconded: Council Member Kyriacou. All voted in favor. Motion carried.

Proposed Local Law - Tim Dexter - Deleting the Current Chapter 119 and Replacing it With a New Chapter Providing For the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code. See Attached Proposed Local Law

Council Member Thompson: These organizations are always getting inspections from this agency or that agency from whomever they are getting funds from. Someone is always checking them. Then you have churches that do not have a staff for this kind of stuff every year. I just think that is a bit of burden. I spoke to some of the churches and some of the non-profits including the one that I am on at the Howland Culture Center. This is a burden if it is done every year for us. The churches do not have this kind of secretarial staff who does this kind of stuff every year. Every year is something that I would not vote for.

Tim Dexter: Places of assembly have to be inspected every year anyway. That is why I recommended it.

Mayor Clara Lou Gould: Everyone is looking at three years until the public has his or her say. There will be a public hearing on this. Also, I thought there was not supposed to be a fee.

This will be put on the council meeting agenda for February 20, 2007.

Proposed Local Law - Tim Dexter - Amending Chapter 11, Building Inspector, and Renaming the Chapter Building Inspector / Code Enforcement Officer. Public Hearing Set for Tuesday, February 20^th. Tim Dexter present to Answer questions. Two Local Laws. Have list of Changes.

Charles Kelly: Regarding the Code Enforcement Officer. I thought you were already the Code Enforcement Officer. Is this only a change in semantics and this is not really a change in your job?

Tim Dexter: That is correct.

This will be put on the council meeting agenda for February 20, 2007.

Following Items are from Workshop January 29, 2007

Vacant Buildings - See Attached Local Law from Newburgh

Eleanor Thompson: I see that we have stuff on this already on the books. Are we using a part of the information that we have already in this proposal?

City Attorney Pisanelli: We made that change back in 1994.

Tim Dexter: The last time this was discussed I was going to propose some changes to Newburgh's law, which is more consistent to what we experience here in Beacon.

Mayor Clara Lou Gould: We can take that up at the next workshop.

Eleanor Thompson: Are we going to add what I proposed on absentee landlords?

Tim Dexter: The Newburgh Law has that in it.

Charles Kelly asked for an explanation of a designated agent.

Tim Dexter: It is someone you can put your hands on - a contact person. Also someone you can serve legal document to. If you own a building and live in New York City and cannot be contacted, we need someone that represents the absentee landlord.

Charles Kelly: Are we only talking about the vacant buildings on Main Street?

Tim Dexter: That would be up to the council. I don't think that there should be a difference whether it is on Main Street or in a residential neighborhood. Would you want a boarded up vacant building next to your house? The Newburgh law addresses this. I don't feel that we have a significant vacant building problem.

Eleanor Thompson: We have a law right here - 92.6.

Mayor Clara Lou Gould: Was anything mentioned regarding historic properties?

Tim Dexter: No.

Council Member Gold: We don't have a provision for an agent. We should add that to our law for absentee owners.

Lee Kyriacou: When you speak about an agent, it does not have to be an agency, it can be a person.

Tim Dexter: That is correct.

Eleanor Thompson: When I was campaigning there were streets that I did not want to walk down. We have more absentee owners than we have had in the past. With the mortgage interest rates being low, people not only upgraded their homes but they kept their homes and rented them out. That's why we have a huge influx of rentals.

Tim Dexter will review this law and report back to the council with his changes and recommendations at a future workshop.

Proposed Local Law - Need to have a Proposed Local Law to Amend Chapter 17 Conservation Advisory Commission, Section 17-3 Membership to Allow Alternates.

See Attached letter from C. Ericson dated 11/3/03, Memo dated 11/26/03 from D. Stolman, Jay Hibbs to CLG regarding CAC request for Board Designation and Memo dated 03/08/04 from David Stolman regarding Conservation Advisory Councils and Conservation Boards.

Mayor Clara Lou Gould: City Attorney Pisanelli has some questions on the Conservation Advisory Commission Law:

City Attorney Pisanelli: The question as to whether to have two alternate members or increase the total to nine. You are permitted to have up to nine members. Why do we want to make it alternates and not just make it nine? The quorum can be five instead of four. There is no provision that I can find for alternates. The state law addresses a council or a board but does not address commissions. I wanted to ask the council if the number could be expanded to nine as opposed to trying to create two alternates. Then whoever shows up, you will have all the members that know everything. We are not making final decisions anyway. We are just making recommendations.

The council agreed that it would be better to have nine members on the Conservation Advisory Commission rather than seven regular members and two alternates.

These appointments will be placed on the February 20, 2007 as regular members.

Proposed Resolution Corning City Mayor, Frank Coccho, Sr., sent correspondence dated 1/8/07 asking that the City of Beacon join him and support to help improve the economic prosperity and financial stability of the cities across the State of New York.

This was acceptable and will be placed on the council meeting agenda for February 20, 2007.

Equipment Purchase - Budget Amendment - See attached Memo from Zep Thomaselli and Julann Cobb dated 1/12/07.

When asked about "Purchasing Guidelines", City Administrator Joseph Braun said the state compliance law was followed and that he would send each council member a copy of the State Purchasing Guidelines.

This will be placed on the council Meeting Agenda.

Spring Valley Street - Reconstruction Issues. See correspondence dated 1/17/07 from Lanc and Tully, along with map. The letter to City Administrator, Joseph Braun follows:

The following is a letter from Lanc and Tully addressed to City Administrator Joseph Braun dated January 17, 2007 regarding The Spring Valley Street Reconstruction:

Our office is currently working on the plans for the reconstruction of Spring Valley Street between Wolcott Avenue and East Main Street. As previously discussed, it is the city's intention to have sidewalk along one side of the road for pedestrian traffic flow between this area and Main Street. With this in mind, we have concerns with regards to the section between Union Street and Wolcott Avenue. The first concern is that at present, the road has a concrete retaining wall located on the North Side of the road, with several homes located below this wall. These homes do not have driveways, and it appears that the cars are parking on the south side of Spring Valley Street, where sidewalk is either non-existent, or is at grade with the road and is in a poorly deteriorated state. With the installation of curbing and sidewalks on the south side of the road, this would either require that the residents of the homes below the wall park in the road, or find alternative parking areas and walk to their homes. If the sidewalk was constructed at grade with the road, people could park there vehicles as they currently do, but this would block the passage of pedestrians on the sidewalk, and would require that they walk within the road with traffic, which is a safety concern.

The second concern is with the installation of a typical 24-foot wide road, with sidewalks and curbs, along the south side of the road. Along this section of Spring Valley Street there are numerous retaining walls and driveways with existing grades ranging from 17% to 22%. With the installation of a 24-foot wide road and sidewalks, this will impact several of the driveways by making their existing grade even steeper. It will also require the removal and relocation of several existing retaining walls, in turn driving up the cost of the reconstruction project. The enclosed plans show several alternatives our office has looked at in order to reconstruct this section of road without impacting the existing driveway grades, and allowing for the installation of sidewalks. The alternatives look at road widths of 23 feet wide with sidewalks, to 20-foot wide road widths with sidewalks.

At this time we would ask that the City Council weigh in on the layout of this section of the road, to determine as to how the reconstruction of this section of road should proceed noting the two concerns expressed above. We have also included a copy of the proposed reconstruction layout proposed for Spring Valley Street between Union Street and East Main Street. This section of the road will be reconstructed with a 24 to 26 foot wide pavement width, and sidewalks along both sides of the road, with the exception of a section between Water Street and Churchill Street.

Council Member Gold: I would like to add some things that will help the council make their decisions. One of the issues is whether we want to have a sidewalk or whether the width of the road should be increased. The neighborhood itself has issues about the truck traffic that goes through there on their way to the salvage place. The neighborhood is interested in having that a one-way road. The big reconstruction issue is sidewalks. I sent a lot of letters to the people on that street and have gotten a lot of feedback. Everyone agrees that it is an unsafe situation.

Mayor Clara Lou Gould: If it is an issue of trucks, why don't they restrict trucks from going through?

Council Member Gold: That street has a concrete foundation and heavy trucks can go over it without a problem. Other streets in that area do not have a concrete foundation and if trucks go over those streets, they could damage the sewer lines.

City Administrator, Joseph Braun: The only thing that the people who wrote the letters have to understand is that the sidewalks that they have now are being used for their parking. Tickets are being issued and people are coming in saying that "there is no place for me to park." I am an advocate for sidewalks. If they made this a one way street, that would be fine.

Steve Gold: Another issue is that on the side of the street where there will be no sidewalk the people would like to have a curb to prevent the water from going onto their property.

The next issue is a big one. I located where the seepage is to Fishkill Creek. Across the street from Peter Pavelock's house, is a concrete sewer basin. I took pictures of it. In heavy storms, the water comes through there to the creek. This is a situation that the city has known about. The city tried to repair this situation by putting a concrete basin around it. That is supposed to hold sewage in the event that there is an overflow but it is too small. Right along side of this one, there is a much larger one and it can hold a lot more. Not being an engineer, Mr. Pavelock thinks that the solution is to make his basin bigger. I am informing the city now that I have seen this. I do not know if this is related to the road construction. There is a line going off of the sewer line off of Spring Valley Street that I observed that is broken. I feel that this should be part the reconstruction program.

City Administrator, Joseph Braun: We have been talking about these problems for years. We went out and observed the different sanitary sewer lines to find out where the problems were. Maybe the 9D project will have a better experience. We are well aware of the problem with the sewer line. The Spring Valley sewer line is one of the big pieces of this project. A large portion of the budget is for the Spring Valley water and sewer replacement. When we get into the project and are dealing with the concrete walls, we will be able to get in and replace the sewer line. That is something that we intend to do. When we rebuild the street, we can rebuild the utilities underneath the street. As far a solution, we continue to work on the removing of the stormwater from the sanitary sewer. That is what surcharges the line and that's why you get the surcharges into the creek. We probably spent $1.3 million dollars and we will probably spend another large amount to do that. We know it's there and we are addressing it as we can. We have talked to people and they have to understand that this is not something that you do overnight. We can probably come up with a budget to fix it.

Council Member Kyriacou: We should plan where the sidewalks go before we do the construction. We should understand what the design is before we spend any money.

Council Member Gold: Thank you very much. It looks like everyone on Spring Valley Street will get everything that they want.

New Agenda Items

Polo Fields Phase III - Performance Bond Reduction for the Polo Fields Phase III. See attached Resolution.

This will be put on the council meeting agenda.

Buckhurst Fish & Jacquemart - Authorize Mayor to Sign Contract with Buckhurst Fish & Jacquemart, Inc. (BFJ) for Consultant Services to Prepare the Transportation Linkage Plan. See attached Resolution.

City Administrator Joseph Braun: We sent this out for bid and Buckhurst Fish and Jacquemart was the only response. This was also discussed with Scenic Hudson.

This will be placed on the council meeting agenda.

9D Construction and Judson Street Becoming One Way - Received Petition from Residents via Attorney Mark S. Grossjung. (1/29/07) City Clerk counting and verifying signatures. See attached memo from CLG to J. Pisanelli dated 2/1/07

The following letter addressed to Mayor Clara Lou Gould dated October 19, 2006 was received October 20, 2006 from Carolyn M. Ryan, Project Engineer with the Department of Transportation (DOT) for the State of New York.

Subject: PIN-8327.15. Route 9D Reconstruction, South City Line to Fishkill Creek, City of Beacon, Dutchess County.

At the City Council workshop meeting on September 25, 2006, City officials requested correspondence relating to the decision to make Judson Street a one-way street.

Attached is a chronology of the information related to Judson Street. It shows the involvement of the City officials in the decision to make it one-way. The decision was based on a safety concern related to the non-standard horizontal curvature through the area and the stopping sight distance along Route 9D. The City also reviewed the preliminary and final plans before they were bid, again with Judson Street shown as a one-way street. Based on these plans, the contractor has made the street one-way by rebuilding the intersection and placing do not enter signs.

This is a federal aid project, which required approvals at different phases of the design. The preliminary design phase ended with a Design Report that described the project, its conformance with design standards, impacts and costs. This document was the basis for the approval to move forward with the detailed design and construction.

The Design Report stated the horizontal curvature and stopping sight distance along the Route 9D in the area of Judson Street did not meet the standards established and approved for this project. When this occurs the project can address the non-standard condition by correcting it or the condition may be retained if there is proper justification. Studies done during the preliminary design concluded the work necessary to bring this section of Route 9D to standards was not feasible because of the impacts to adjacent properties. The retention of the non-standard conditions was justified by identifying a combination of work, which would improve the condition but not eliminate it. This combination included improving the horizontal curvature, making the Howland and Judson intersections perpendicular to Route 9D, and making Judson Street one-way. This information was included in the Design Report. Approval to move forward with the detailed design and construction was based on conforming to this document, which identified the work described above as justification for the non-standard features.

Since the project was designed and built in accordance with the approved Design Report, we cannot consider reestablishing two-way operations at Judson Street as a part of this project.

Attorney Pisanelli: There is a lot of interest in not having this done. We received a lot of paperwork from Carolyn Ryan of DOT. She basically said that this has been planned for years. If we want to change this, we will have to pay for it.

Council Member Kyriacou: We were supposed to try it out for a year to see how it worked out.

Council Member Thompson: We have 800 names on the petition to leave it as a two-way street.

Council Requests - City Attorney Pisanelli Reviewing all Resolutions

Council Member Charlie Kelly

1. Bus Stop at Forrestal

I brought this up last year. I met with the housing authority. We could appeal the opposition to this. We also asked the administrator to do some research and to gather some information. I recommend that we direct the city administrator to proceed with this select a spot for shelter as soon as legally possible because the Housing Authority warned that they will legally contest our authority to do this. It may involve us getting another attorney because our attorney also represents the housing authority. The senior citizens and the people who live in that building deserve a sheltered bus stop. I strongly recommend that we adopt this resolution.

Tenants of the building wait in the lobby of their building. If the bus driver does not see anyone on the street as he passes, he will not stop to wait for the residents who are waiting inside. The other residents who do not live in the building are not allowed to wait in the lobby. They have signs in the lobby that say that non-residents are not allowed to wait in the lobby.

City Attorney Pisanelli: Read a law, which basically states that the housing authority has title to the property and is a private entity. The proposal from the housing authority is to move the shelter up Walcott Avenue about six miles away. They can take the city to court. The final decision will be up to the judge. I am not advocating anything one way or another; I am simply trying to bring forth this information

Charlie Kelly: I feel that this should be directed to the administrator to pursue this.

2. Spirit of Beacon Day

Charles Kelly: I offer this resolution. The administrative board was criticized for the restrictive policy of marching in the parade. In the interest of the parade that excludes certain groups, I offer this resolution as a way to control this

Council Member Gold: I suggest that we accept this resolution.

Council Member Kyriacou: The specific groups are the local political groups. The limit should be defined for these groups.

This will be placed on the February 20, 2007 Council Meeting Agenda.

Council Member Eleanor Thompson -

1. Televising Council Meetings. (Status)

The following email sent by Charlie Symon dated January 26, 2007 was received by Mayor the City of Beacon Council regarding video coverage of some of the City of Beacon Council Meetings:

As the BCSD has started expanding their video coverage of Board meetings to now include some committee meetings, I thought it might be time for the city to revisit the discussion on video coverage of some of their meetings. The Board meetings we regularly schedule to broadcast on Channel 22 are now also available off our new website as well. This gives us the ability to not only have the current meetings, but to archive them for residents to view at their convenience.

A few years back when we started broadcasting Channel 22 from BHS there was some discussion with the council about broadcasting your meetings on there as well. While I am not "volunteering" to tape the council meetings, though I would be in a position to have one of my staff upload a city produced video into the Channel 22 DVR and schedule the broadcasts.

I would also be available on a limited basis to discuss what may be needed in video equipment (there should still be some money left from Cablevision) to do a "simple" one camera taping of the Council meetings. As we discussed before, unless the sound and video are of some good quality, and the broadcast are regularly scheduled it would not be worth the effort. With that in mind you would need to consider either having a city employee designated to video or hire someone for that purpose. The school district started out years ago with a volunteer and it just did not work out. While it may be difficult for me to attend a workshop or council meeting (since our meetings are usually the same night), I would try to rearrange my schedule if possible to be available for further discussion on this issue. Charlie Symon

*The information transmitted is intended only for the person to whom it is addressed. Any retransmission, dissemination or other use of this information by persons other than the intended recipient is prohibited. This note is not to be distributed without the original senders permission.

*Note from Lucy M. Cullinan: I called Charles Symon and he gave permission to put this email in the workshop minutes for February 13, 2007.

Council Member Thompson: I have been getting calls from people who are interested in doing this.

City Administrator Joseph Braun: Those people may be good but I will first talk to Charlie Symon who is a professional and see if he can do it.

Council Member Steve Gold:

1. Full Disclosure of All Requested Information to City Council Pertaining to Issue Requiring a City Council Vote.

Council Member Gold: I think this can wait

Council Member Kyriacou: I think we should be allowed to get any information we want that requires a City Council Vote.

Council Member Lee Kyriacou

1. Charter Amendments:

Right of Information

a. 2.06C Prohibitions

b. 2.12 Inquiries and Investigations

These items will be on the February 20, 2007 Agenda to set a public hearing for Monday, March 5, 2007

1. Proposed Resolution:

a. Committee to Review Ward Boundaries

Council Member Gold: We have until February 15, 2007 for this year for Ward Boundaries.

City Administrator, Joseph Braun will check this to see if we missed the deadline.

Appointment / Ratifications Conservation Advisory Commission:

Alternate Members – Naomi Sachs, Tom Baldino

This will be on the Council Meeting Agenda for February 20, 2007

UPDATE - Glenford Avenue - Draft Easement Status

Council Member Gold: I talked with Mrs. Hughes after the last council meeting and she wants the property.

Charles Kelly: I hope she decides to accept the easement.

Ratifications Mase Hook & Ladders Elections

Chief – Timothy Joseph

Captain – Lou Amoroso, Jr.

1^st Lieutenant – Matthew Naughton

2^nd Lieutenant – Chris Monroe

Also add: Todd Pavlovic on the Active rolls of Beacon Engine Co. No. 1 effective February 6, 2007.

This will be placed on the council meeting agenda

Budget Amendments - Historic Designation – An Additional Appropriation of $2,500 needed. See Email from Joe Braun to Mayor Gould dated 2/2/07

OTHER BUSINESS:

Council Agenda Tuesday February 20, 2006

Two local laws that were discussed tonight.

Upcoming Workshop Meetings - February 26, 2007 - IBEW Business Rep for IBEW

Workshop ended at 9:45 p.m.

Submitted by Lucy M. Cullinan - February 19, 2007