Beacon City Council Workshop

March 12, 2007

The Beacon City Council Workshop was held on Tuesday, March 12, 2007, at

7:10 p.m. Present were: Mayor Clara Lou Gould, Councilmembers Steven Gold, Lee Kyriacou, Elizabeth Foster, Eleanor Thompson and Philip Shea. Councilmember Charles Kelly was excused. Also in attendance: City Administrator Joseph Braun and City Attorney Gerard Pisanelli.

Christopher Ericson, Chairman of the Conservation Advisory Commission (CAC), submitted a letter regarding designating them as the Open Space Committee and Stormwater Committee. Roberta Marsh, a member of the CAC was in attendance but had not read the chairman’s letter. The letter explained the Conservation Advisory “Commission” should be designated as a “Board”. That change would provide them the authority to review proposed plans for development of any land located in a designated open space area. When the City Council adopts a new Comprehensive Plan, specific areas will be simultaneously designated as “open space” that will include the former Craig House, Hiddenbrooke, Rosenethe, St. Lawrence Seminary, Texaco (not located in Beacon), University Settlement Camp and waterfront properties. The open space map must be reviewed and adopted by the CAC who should work together with the Comprehensive Planning Committee. Council felt items for consideration should be provided to the CAC and that they should consult with the Planning Board and City Planner. Legislation is needed to form a Conservation Advisory Board. City Attorney Pisanelli reported similar legislation was prepared in 2003 and 2004 which can be reviewed and updated. He will look into whether they should be a “council” or “board”. This item will be placed on the next workshop agenda for further discussion.

Council considered passing legislation similar to the City of Newburgh’s that creates a timetable for an owner to either occupy a vacant building or make it look occupied. Building Inspector Tim Dexter suggested contacting NYCOM to see if any local laws exist because state building codes regulate vacant buildings and if a municipality wants to create additional restrictions they must petition the state. Councilmember Foster suggested review of the Newburgh law because it establishes a fine for buildings that remain boarded-up beyond a certain period of time. Councilmember Shea expressed concern that some people invest all they have to purchase a building and then save again for the renovation phase. He feels they should not be fined as long as the building is kept safe and presentable. Mr. Dexter recommended caution in changing the law from making a building safe to mandating occupancy. Currently all vacant buildings in Beacon must be boarded up and painted the same color as the building. Discussion took place about the possibility of making owners repair windows and extending the law to residential areas beyond Main Street. Mr. Dexter suggested contacting NYCOM to see what information they have before returning to the next workshop for further discussion. Councilmember Kyriacou suggested approaching the law on the basis of how a building’s condition affects the value of a neighborhood.

Councilmember Kyriacou reported he had a long conversation with the City’s revaluation company, MJW Consulting regarding the historic overlay district. He explained the benefits of the district are two-fold in that additional uses are permitted in buildings located within the zone but also in a tax benefit. He asked if the City had done anything to ensure people are getting a tax break because it seems there is no process to give a reduced tax assessment for buildings that have been issued a Certificate of Appropriateness. Mr. Dexter explained most building rehabilitations include extensive interior renovations it is possible the assessor increased the value of a parcel based on those improvements. Although that portion of the law is not within the zoning code, it is believed that the intention is not to increase the value of a property located within the historical overlay district solely on exterior improvements.

The mural for the Howland Public Library is completed and ready for installation. The Building Department advised Council that there are no rules on the books regarding the installation of murals so they are being treated as “signs”. This mural is large and exceeds the size allowed by code therefore a variance is needed from the Zoning Board of Appeals. Discussion took place regarding whether the library is part of the school district therefore not subject to local zoning regulations. Mr. Dexter reported he has a call into the Department of State to determine the appropriate category. The library has never been listed as part of required “school” inspections so it may not fall under that law. If the building falls under the Board of Education, then it would be exempt from local zoning regulations. If they are required to comply with local zoning, the library requested City Council consider waiving the $100 application fee for the Zoning Board. After some discussion Council felt they could waive the fee for the only library in town if it is determined they must apply to the Zoning Board of Appeals.

City Administrator Braun reported he was contacted by a company who will produce a series of online videos to showcase Beacon. There is no cost to the City because they go to local businesses for advertisements. The firm is based in Rochester, New York and all they request is a link from the City’s home page. They will prepare a professional video of the Mayor and other local officials promoting Beacon. Councilmember Gold asked how much space they require on the City’s website home page. City Administrator Braun will provide the website address to Council so they can review what has been done for other communities before making a decision.

City Administrator Braun will look into the possibility of videotaping City Council meetings.

Council reviewed the County’s annual STOP DWI contract. This item will be placed on the upcoming agenda.

City Administrator Braun reported Council authorized the City to apply for a grant from New York State Department of Environmental Conservation for Water Quality Improvement Projects to include MS4 mapping, evaluation and management programs. The 50% matching grant was approved therefore a bond resolution in the amount of $240,000 is required to fund the City’s portion. This grant fits into the project of updating stormwater management as it will provide GIS mapping of all stormwater management facilities, catch basins, outfalls, all items dealing with the storm, sanitary and water systems. It will provide a comprehensive view of the City’s utility systems, providing information on hydrant locations, flows, water main sizes and locations. This also will help identify areas of inflow into the sanitary sewer system. City Administrator Braun explained it will not change the situation at Jessen Pond because it was built as a detention basin and over the years it evolved into a retention basin to create the “pond” appearance. Global positioning systems will provide specific locations on a detailed aerial map and provide information showing what valves control specific areas of the water system. City Administrator Braun will provide an example for Council to review. Funding will be bonded through the water and sewer fund.

Julann Cobb, Recreation Secretary, attended the workshop to present plans for using the University Settlement Camp pool this summer. In the past, the City has been provided access and paid lifeguard expenses for both group and individual use. This summer the City will have complete control over the pool facility and the cost to run the pool operation will not be shared with the University Settlement Camp. Therefore, the City Council must decide whether or not to open the pool this summer because it will cost more than in the past. Ms. Cobb reported running a pool is not a profitable matter because they typically run at a loss. It will provide a compliment to the City’s overall goal for the property but this summer the pool would be used as a sole entity without access to other portions of the site. An investigation of past financial information was done to develop a proposed budget which includes the cost of life guards, a waterfront director and an administrator to run the day to day operations of the pool. The estimated cost to hire a certified pool operator and staff of lifeguards for both public and group use for an eight week period is estimated at $22,433 including fringe benefits. Ms. Cobb advised Council that a solar pool blanket would raise the water temperature approximately 15º which would increase the days and hours the pool can be used. Also removal of a few trees would eliminate shady spots. Total pool expenses are approximately $37,130 and projected revenue is $9,100, leaving a net loss of $28,000. Ms. Cobb reported that she looked into using the school pool but they are not interested in opening it to casual use. The Riverpool at Riverfront Park was also considered. Approximately 600 children are enlisted in programs that use the University Settlement Camp pool. Councilmember Thompson felt it is good for children and keeps them active in something positive. Ms. Cobb reiterated that this would set a tone for the bigger picture of taking over responsibility for the facility. The City currently pays for water and lifeguards, leaving an unexpected cost of approximately $22,000. Additionally, Ms. Cobb explained she may need to hire someone to help with preparations. The pool will be marketed to outside agencies for times that don’t infringe on community use. Bushes surrounding the pool should be trimmed and a picnic area needs clearing. Councilmember Kyriacou expressed concern that the budget figures presented show that it costs the City approximately $14.00 per swim. He recommended the budget be sharpened because the pool will be available and used more often. This item will be placed on the upcoming agenda.

A proposed resolution regarding the possible annexation of lands adjacent to the boundaries of the City was sent to the Town of Fishkill. The Mayor reported she has not heard back from them. Portions of land under consideration are:

Hudson River – portions from the City boundary which ends a few feet off the Beacon waterfront to the mid-point of the river abutting the City of Newburgh;

VanNess Avenue – portions adjacent to and south of Interstate 84;

Mount Beacon – portions on the western face of Mount Beacon, including all parts of the mountain abutting and facing the City; AND

Dutchess Junction – portions south of Beacon that are inaccessible without traveling through the City

City Attorney Pisanelli provided Council with documents that outline the annexation process. City Administrator Braun suggested focusing on the Hudson River portion first and the remainder consequentially.

Councilmember Kyriacou read the following proposed resolution to amend the City Charter regarding updates on the Comprehensive Plan:

Section 6.00, “Comprehensive Plan”, is amended to insert a new subsection B, and to renumber the subsequent subsections accordingly:

Periodic Update. Separate from any individual amendments, the Council shall periodically undertake a full update of the Comprehensive Plan, at least every ten years. The Council may delegate such responsibility, either to the Planning Board or to a special committee – the composition of which the Council shall determine, and whose members the Mayor shall appoint and the Council approve.

Section 6.02, “Implementation of Comprehensive Plan”, is amended to insert a new subsection B, and to renumber the subsequent subsections accordingly:

Annual Report on Comprehensive Plan Implementation. At the beginning of each year, the Council shall review progress on the implementation of the current Comprehensive Plan, including an enumeration of actual changes in the prior year and expected changes for the current year.

The intent of this legislation is to secure periodic updates of the comprehensive plan at least every ten years. It allows the City Council to designate responsibility to the Planning Board or a special committee appointed by the Mayor. Councilmember Gold was not sure if the Planning Board could handle the task given their regular duties, therefore it was agreed that a formal committee should be formed. The proposed resolution also obligates the City Council to review what changes have taken place toward reaching the goals outlined in the Comprehensive Plan and to discuss what will be done for the year ahead. This assures that the plan remains alive and changes are done in line with the plan’s objectives.

Council reviewed the proposal submitted by McLaren Engineering Group to provide engineering services for the Rivers & Estuaries Center planned for lands along the Hudson River owned by the State of New York. Three proposals were submitted, one was thrown out and McLaren was head and shoulders above the other bidder. This company performed work on the floating dock for Metro North and worked on the research vessel facility. The City only acts as a conduit for funding and no City funds are required. This item will be placed on the upcoming agenda.

Council reviewed a proposed resolution to authorize the Mayor to sign an agreement with Dutchess County for the 2007 Community Development Block Grant Program. Most funding goes toward public infrastructure, and this year some will go to the Christmas in April program. This item will be placed on the upcoming agenda.

Council considered the possibility of making changes to voting ward boundaries. Councilmember Gold reported the Board of Elections made changes for Poughkeepsie and suggested they could help Beacon as well. A lengthy discussion took place regarding finding appropriate locations for voting. Any changes in voting locations must be submitted by May 1^st.

The City of Beacon submitted a bid to Downstate Correctional Facility for fire protection services and was the low bidder at $6,000. Fire Chief Joseph wrote a letter outlining his concerns with the contract because it takes fire apparatus and manpower out of the City. He was apprehensive because two first line pieces of equipment would be sent to the prison, leaving only one engine to respond to a fire call in the City limits. He expressed further discomfort with the ability to get in and out of the facility due to security procedures. A lengthy discussion took place regarding the requirement to send two main apparatus to the facility, the need for mutual aid and the affect it would have if more than one fire broke out at the same time. Councilmembers Gold and Thompson felt the Fire Chief should have been consulted therefore the bid submission will be reconsidered.

Council reviewed the upcoming agenda.

Councilmember Kyriacou made a motion to go into executive session to discuss personnel issues, seconded by Councilmember Foster. All voted in favor. Motion carried. Council went into executive session at 10:00 p.m.