Workshop Minutes

City of Beacon Council Meeting Workshop

April 9, 2007

 

WORKSHOP

 

The City of Beacon Council Workshop Meeting held at the Municipal Center, One Municipal Plaza on April 9, 2007 began at 7:35 p.m.

 

In attendance were:

Mayor Clara Lou Gould

Council Members Present:  Charles Kelly, Phil Shea, and Steve Gold

Excused:  Lee Kyriacou, Elizabeth Foster and Eleanor Thompson

Also in attendance were:  City Administrator, Joseph Braun and City Attorney Gerard Pisanelli

 

Agenda

 

University Settlement Camp Agreement with Scenic Hudson.  See email dated 3.14.07 from Lou Lewis, Esq. to J. Pisnaelli along with Memorandum of Agreement between Scenic Hudson Land Trust and City of Beacon

 

Motion to enter Executive Session:  at 7:38 p.m.:  Council Member Kelly.  Seconded:  Council Member Shea.  All voted in favor.  Motion carried.

 

Motion to End Executive Session:  at: 8:05 p.m.  Council Member Shea.  Seconded:  Council Member Kelly.  All voted in favor.  Motion carried.

 

Recreation Department - Julann Cobb Multiple Use Discounts for Parks and Pools. - See Memo from Julann Cobb dated 4/3/07 - Gave a presentation and answered questions asked by the Council Members.

 

The following is a memo from Julann Cobb, Recreation Department dated March 26, 2007 regarding discounted Park/Pool Fees:

 

A request for a park permit that covers several consecutive days has been made where the question of allowing multi-use discounts was raised. We do not currently have a policy in place regarding multi-use discounts. In comparison, the Beacon City School District allows a 50% discount if 5 or more consecutive uses are scheduled and prepaid.   Allowing reservations/group use does not generate an itemized expense for the city that would be directly associated with the fee collected for that permit. The fees collected by issuing park permits are purely revenue, so there is not a direct cost associated with offering a multi-use discount other than the reduction of revenue from that permit applicant.

I'm requesting the City Council's consideration of allowing a 50% discount for 5 or more consecutive uses with the exclusion of Saturday or Sunday, prepaid and with no refunds unless we are able to re-book the site.

Additionally, multi-use discounts will come up concerning the University Settlement Pool. Again, the school district applies the same multi-use discount (above) to their pool facility. It is important to note that the pool's average operating cost per usable hour is $99.80 ($63.73 for staff {a variable cost} and $36.07 for facility {a fixed cost}). In terms of group use, at the for-profit rate of $150/hour, offering a multi-use discount does not increase our expense but will decrease our potential revenue. It's possible for us to offer a discount, but not advisable to the extent where the user is paying less than the actual operating cost, which would be the case if we offer a 50% discount as the school, does. The school can offer the 50% discount because they have more operating hours and can spread out the effect of the discount over a longer period of time, which is something that we can't do with an outdoor facility. While a 33% discount of the for-profit user is the maximum we can offer before the expense of the use exceeds the revenue, I do recommend that we extend some type of discount for multi-use both as an incentive to book the pool and with an eye to generating goodwill with next year's potential customers. I'm requesting that the City Council review the matter of offering multi-use discounts to for-profit pool users and determine an appropriate amount, if any.

In terms of discounts to non-profits, the proposed fee of $75/hour covers the cost of staffing with a nominal amount left to apply towards the facility expense. The non-profit rate is currently below the average hourly operating cost of $99.80. Extending further discounts means that we are in essence subsidizing the cost of a private, though non-profit, entity using the pool. The determination to do so is a matter for City Council to decide, and I am requesting that the

Council states their position on the matter of extending further discounts to non-profit entities and clearly defines the terms of such discounts if any. That includes any agreement to change from the proposed budget how we generate revenue from the pool.

For example, in the past some non-profit entities had access to the pool at the rate of $1 per child. Beacon Recreation Summer Playground Program, BCC and MLK had private group swim sessions at that rate, and this past year Alpha & Omega was offered the same rate if they shared their time with MLK. At those rates, the expense to the city for those private group swims exceeded the amount of money collected since the groups were generally less than 75 children per session (with the exception of Beacon Rec). To meet the non-profit rate of $75/hr, the per child cost to use the pool is increased:

 

 

Entity

Projected #

Children/Session

Cost per

Child

 

MLK

 

45

 

3.33

BCC

60

2.50

Alpha&Omega

50

3.00

Beacon Rec*

130

1.15

 

Note: Pool Capacity is 225

*Cost per child for Beacon Rec Summer Program is not seriously affected due to the number of participants and can afford private group sessions.

In drafting a schedule of group pool use, I determined that there are 15 group sessions available Monday through Friday. When I spoke with each of these groups, the requests totaled 10 of the available 15 group sessions, leaving only 5 sessions available for potential revenue, not adjusting for loss of time due to inclement weather.

While I can offer each group a private group session at the non-profit rate if they choose to do so, the best way for these entities to reduce their per-child expense is to use the pool together. This will also increase the number of sessions available for generating revenue, and help us meet our expenses for operating the pool.

I propose that I offer one session per day - or contingent upon enough participation to meet the expenses - that is available for non-profit entities to use the pool at the rate of $2 per child. If an agency chooses to have private group time beyond that, they may do so at the hourly non-profit rate.

I am also asking the City Council to make a recommendation of the number of non-profit sessions I should make available for reservations at this time. The only revenue over cost that we are projected to receive would be via the fees collected by profit entities for group use, and it is this revenue that will help defray the overall operating expenses. I am concerned that over­booking by non-profits will result in loosing potential revenue. It may be in the City's best interest to reserve a certain number of the available sessions for profit entities until a later date in an attempt to draw the higher rate. (For example, reserve 5 sessions/wk for profit entities until June 1, then opens those spaces to non-profit entities).

 

Water Quality Improvements  - Bond Resolution for $240,000.  Bond Issue for Match 

 

Will be added to Agenda for April 16, 2007.

 

Promoting Beacon - (If information available)

 

Referencing CGI Agreement and Videotaping Company.  BBA and BACA to be asked to comment on this, other cities to be checked.  Also to be checked capability of BHS Students to d the video interviews as part of their training.

 

No information at this time -

 

Mayor Gould:  Said that she received a call from a radio station that wants to do the same thing.

Council Member Gold:  I have news, when you click on the link then you will see Welcome, Education, Recreation, Real Estate, Health Care, Tourism or anything you want.  The only downside is that it has advertisement.  This will do the presentation for us.  I have an idea that will counter that.  I think the way that works is fine.  I have not heard anything negative from anyone.  I am in favor of it.  I just want to mention that I had this idea of taking the homepage of the website and making it into postage size squares that you can click on to get to various departments.  If there were any money to be made, it would be better if the money can come to the city.  The only thing is that we would need management.  I don't know if I will be able to put the time in that it needs.  It is possible that this would be a nice revenue source for the city.  We do not have to go forward with the company that was first mentioned.

Council Member Kelly:  Is there any legal implication?  I thought the state had to pass that law.

 

We will check into this further.

 

Vacant Buildings - Tim Dexter working on.  The following is a draft that was distributed to all members of the Council.

DRAFT

§ 92-1. Findings and purpose:

Vacant and derelict buildings and structures are hereby found to be a danger to the public health, safety and welfare. As they deteriorate, vacant buildings constitute a danger to the public safety, become a dumping ground for trash, rubbish and debris, a breeding ground for vermin and a gathering place for persons engaging in illegal activity. The purpose of this chapter is to establish a program for identifying and registering vacant buildings; to determine the responsibilities of owners of vacant buildings and structures; and to speed the rehabilitation of vacant properties.

§ 92-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ENFORCEMENT OFFICER — A duly authorized representative of the Building Department.

OWNER — Those shown to be the owner or owners on the records of the City of Beacon Assessor's Office, those identified as the owner or owners on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the premises. Any such person shall have a joint and severable obligation for compliance with the provisions of this chapter.

SECURED OTHER THAN BY NORMAL MEANS — A building secured by means other than those used in the design of the building.

UNOCCUPIED — A building which is not being used for an occupancy authorized by the owner.

UNSECURED — A building or portion of a building, which is open to entry by unauthorized persons without the use of tools or ladders.

VACANT BUILDING — A building, which is:

A.             Unoccupied and unsecured; or

B.             Unoccupied and secured other than by normal means; or

C.             Unoccupied and determined to be unsafe by the Building Department; or

D.             2 or more violations of the City Code or State Building Code Series; or

E.             Illegally occupied; or

F.             Unoccupied for a period of time in excess of 180 days, and during which time one or more
violations have been issued by the Office of Code Compliance.

§ 92-3. Responsibility of owner.

A.  The owner of every vacant building within the limits of the City shall, within 60 days of the effective date of this chapter and thereafter within 30 days of the building becoming vacant, file with the Building Department of the City of Beacon the following information:

(1)     The name, mailing address, physical address, e-mail address, and telephone number of the owner.

(2)     If the owner is not a resident of the City of Beacon or the adjoining Towns of Fishkill, then said owner must designate a managing agent who resides in or maintains a business office within the City of Beacon or the adjoining Towns of Fishkill and provide the name, mailing address, e-mail address, and telephone number of the authorized agent of the owner resident within or with a business office located within the City of Beacon or the adjoining Towns of Fishkill.

B.             Vacant building fees:

(1)     The information set forth in Subsection A above shall be filed on forms provided by the Building Department together with an annual fee in the amount of $120 on or before the 31st day of January of each year, to cover the cost of quarterly inspections of the property.

(2)     Where a building becomes vacant after the enactment of this chapter, the first annual fee shall be prorated to $60 per month for each month remaining during the same year, and the total fee for the remaining portion of the year shall be paid no later than 30 days after the building becomes vacant. Each year thereafter that the building remains vacant the provisions of Subsection B (1) above shall apply.

C.             The Building Department shall cause such vacant building to be inspected on a quarterly basis and shall notify the owner or agent at the address filed with the Building Department of any accumulation of trash, debris, rodent infestation, the failure to keep said building secured or other violation of law, ordinance, City or state code or regulation at the premises.  The owner shall have seven days from receipt of said notice to correct such conditions.

(1)     If the owner fails to correct such condition, the City may enter on the property, correct said condition and assess the cost of such work against the property.

D.             The total amount due shall become a lien against the property and may be assessed against the same on the City tax roll, if not paid in full by October 1st of each year.

§ 92-4. Exemptions.

A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 30 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Building Department. This request shall include the following information supplied by the owner:

A.             A description of the premises;

B.             The names and addresses of the owner or owners;

C.             A statement of intent to repair and reoccupy the building in an expedient manner or the intent to demolish the building.

§ 92-5. Refunds.

The owner of a vacant building shall be entitled to a pro-rated refund on the fee paid for the calendar year in which the structure has been renovated or legally re-occupied.

§ 92-6. Penalties for offenses.

A.  .Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-3 for violation of this chapter of the Code of Ordinances of the City of Beacon.

B.  .The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.

C.  The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

 

Tim Dexter:  I was not in the office today.  Virginia was supposed to circulate a draft that I changed around for the City of Beacon.  If you want to give me feedback, making the building look like it was not vacant, I would appreciate it.  The only thing is that the Newburg's law, was customized to fit Beacon.  Regarding fire damage.  We do not have a requirement for them to register.  We would send a letter stating that they have to take care of utilities, junk and debris, and boarding up the building.  If someone is out of town, there is no requirement at this time for them to register.  Most people do register

Council Member Kelly:  A constituent had a fire that rendered the place not fit for occupancy.  In that case, how would this apply?

Tim Dexter:  That would not apply at all because it is not a vacant building.  At this time, if this happens, they have to notify the Building Department.

Council Member Kelly:  When you say designate a managing agent - what actually does an agent do?

Tim Dexter:  Someone who will be a contact person for the owner.  If something happened we could contact the agent and have him inform the owner what has to be done.  Remember this draft was created using the Newburgh law as a guide.

Council Member Kelly:  Will the resident have to get a release from you?

Tim Dexter:  They will get a thirty-day window.  They have to formally apply for this exemption.  If that building meets the definition of a vacant building, then they this would apply as a unoccupied building.  Tim:  It becomes a vacant building when it is unoccupied or unsecured and determined to be unsafe.  This would make it a vacant building.

Council Member Kelly:  It seems to be burdensome for this individual because he has only 30 days to work on the building.

Tim Dexter:  The thirty days pertains to them registering and notifying the building department.  They can take as long as it takes to restore the building for occupancy.  Newburgh has a bigger problem with fires than Beacon.  They have had many and Beacon has only had one since January.  The 30 days is the amount of time to get registered and not to do the required work that is involved.  After 30 days you would have to register.  Once you register you will have to pay the fee.

Council Member Gold:  Regarding the agent.  Our goal is to be able to reach someone if the need arises.

Tim Dexter:  I would like to discuss any problems with Jerry in order to implement the law.

Please notify the absent council members and have them look at the draft and ask if they have any particular thoughts.

 

Spring Valley Street - Lanc & Tully (Materials previously distributed).

 

Council Member Gold:  I read art's report He said that that there is not enough room for two-way traffic.  I spent time there and I agree that a one-way street is the way to go.  Someone suggested that it be one way from Union to Wolcott.  The distances from East Main Street to Union is not one of the areas that will be problematic.  We might want to put in one of those lines that tell you which direction most people travel.  I would like to bring this up with the Traffic Safety Committee.  When I was there for that half hour, I think every car except for one was traveling towards Wolcott Avenue.  That was on a Sunday.  Maybe it is different on weekdays.

Council Member Shea:  Phil: asked Mr. Tomaselli (who was seated in the audience) what his opinion is.

Mr. Tomaselli said that snow plowing is a problem because cars are parked there illegally.

City Administrator Joseph Braun:  I would still advise that we put a large sign up at the entrance of this road informing the residents that ",…. This road is going to be one way and we would appreciate your input.  Please call if you have any ideas."  There is only a portion that is a problem.

Council Member Gold:  Residents are concerned with speed control and children playing.  They showed me diagrams that if it is one way, it would force the cars to curve.  Maybe we should be a little creative and do something here that we have not done anywhere else.

Mayor Gould:  This should go to Traffic Safety - This should be a recommendation of the council.  I agree with Joe that we should have large sign asking the residents for any recommendations.  No one can say that they did not see the sign.

 

Dummy Light (Not on Agenda)

 

Mayor Gould:  asked about where we are on the Dummy Light and said that someone sent her information telling how high a traffic light should be (8 - 10" High).

Mr. Tomiselli:  You can't do what you want to do.  We are going to the school on Wednesday.  They are going to superimpose on the computer and show us what it looks like.

 

Council Meetings - Videoing – Authorize Hire part time person.

 

City Administrator Braun:  My thought would be that if we pay the crossing guard 15.00 an hour, we should hire someone to videotape the meeting for $15.00 an hour.  This would be just for the meetings and not the workshops.  The person we hire will work approximately four hours a month.  We will have someone speak at the community segment

 

Waterfront Coordinator Agreement

 

Resolution along with Extension of Agreement to be signed is included in the Workshop packet.

 

City Administrator Braun:  Aryeh Siegel is the guy that has done this for the last couple of years.  He is primarily responsibility for coordinating grants.

Council Member Gold:  I see you included some recommendations. 

Mayor Gould: The committee came down with some recommendations to keep it limited and I added some recommendations because it seemed logical to me.  They did not want it too big but I think that it is important to have everybody covered.

 

This will be included on the Agenda for April 16, 2007.

 

Increase in Salaries - Department Heads and City Administrator

 

Council Member Kelly:  The last council meeting we separated the managerial employees from the confidential employees.  My understanding is that confidential employees that are exempt because they deal with confidential matters.  They do not have the security as union employees.  When it comes to managerial employees that is different.  I am not opposed to looking at and increasing salaries.  I do not think we should be giving growth and longevity benefits to managerial employees.  I think it will set a precedent.  I do not think the concept really applies.  I am interested in looking at the salaries of the managerial employees and the history of that salary.  I think they should be increased on a regular basis.  There is an issue in salary administration that is called salary compression.  The employee should not be paid as much as his supervisor.  I am looking at straight time only.  I request that we have salaries of the department heads and when was the last time they received and how much.  What is the highest paid salary?  I am concerned that we will have salary compression problems.  It all comes down to money.  I think we should pay our department heads fairly.  I recommend that the city provide us with the information we need.  The pay should be fair.

 

Mayor Gould:  We need more information on salaries and information from different communities.

 

41 Glenford Avenue  Council pass resolution offering easement to property owner

 

City Attorney Pisanelli:  Does the council want to make this offer to her formally?  We talked about a resolution.  It would be best to give her an easement.

Council Member Gold:  We should give her something in writing would be a good idea.

Council Member Kelly:  I don't think we should sell it to her. 

City Administrator Braun:  We have utilities there and we should not give it to her.  She should have a permanent easement.  There were complaints when 9D was being built.  People might complain 20 years from now that we need two entrances.  They would question why Beacon ever agreed to sell this piece of property.

Council Member Kelly:  I don't think she realizes that she can put in a blacktop driveway.

City Attorney Pisanelli:  She would have to sign this and agree to relocate her driveway.

Council Member Gold:  If she does not want to accept the terms then we should just let it go.

Council Member Kelly:  We can offer it to her.  If she does not sign this then that will end it.

Mayor Gould:  This will then clear the records.

 

This will be placed on the Council Meeting Agenda for April 16, 2007.

 

Appointments / Ratifications /Announcement

 

Advisory Committee for the Transportation Linkages:

1.      Deborah Buckley, Metro North, dbuckley@mnr.org

2.      Jennifer Mackiewicz, Dia:Beacon jmackiewicz@diacenter.org

3.      Joseph Braun, City of Beacon, beaconadm@aol.com

4.      Mark Wildonger, Scenic Hudson, mwildonger@scenichudson.org

5.      Matthew Rudikoff, Foss Group, mrudikoff@rudikoff.com

6.      Nancy Welsh, DOS, nwelsh@dos.state.ny.us

7.      Regan Chichester, The Beacon Institute for Rivers and Estuaries, rchichester@thebeaconinstitute.org

8.      Sara Pasti, BACA & Comprehensive Planning, Sarapasti@aol.com

9.      John Clarke, Dutchess County Planning jclarke@co.dutchess.ny.us

10.  Aryeh Siegel, City of Beacon, ajs.arch@verizon.net

11.  Anthony Thomaselli – City of Beacon Street Superintendent Beaconhighway@verizon.net

12.  Mary Kay Vrba – DC Tourism - mkv@dutchesstourism.com

13.  Kevin Byrne – Comprehensive Plan Member - kb@vandarch.com

14.  Michael Bender – Main Street Business –

15.  John Gunn – Planning Board - john_gunn@gensler.com

 

Mayor Gould:  Is everyone all right with these appointments?

Council Member Gold:  The only thing I want to say is that I think on Sunday a group of people are going to meet to go over the signage and it is just something that snowballed from the Planning Committee.  These are people who are meeting on their own.

Mayor Gould:  They were told to send in their names if they were interested.

 

This will be placed on the Council Meeting Agenda for April 16, 2007.

 

Ratification

 

W. H. Mase Hook & Ladder Co. No. 1

Ronald Arrigo Active Member effective April 3, 2007

 

This will be placed on the Council Meeting Agenda for April 16, 2007/

 

Other Business:  Remove lien on taxes for failure to pay water bill.  Peter Diane Spiak - 135 N. Walnut Street - See attached letter Stamp Dated 3/29/07

 

City Administrator Braun:  A water customer who failed to pay her water bill and a lean was put on her house.  We went to a process and they asked me to remove the lien and they agreed to pay the water bill in increments.  The Council will have to agree to her request.  If they agree she will have to pay in payments for eight quarters with no interest or penalties.  If you do not agree to this, then a lien will be put on the taxes.

Council Member Gold:  asked if this would be the policy

City Administrator:   said that there are not many of these.  If there are others, we go though the same process.

No one has a problem with that.  It will be placed on the Agenda for April 16, 2007.

 

Change in voting Places.  See Memo.

 

The following is a memo dated April 9, 2007 regarding Voting Places from Mayor Clara Lou Gould was addressed to the Council, City Administrator and City Attorney

 

We discussed this briefly at a workshop a while back, the cut off date to change the voting places is May 1st.

We have had complaints that the Memorial Building is too crowded and confusing, and other complaints about never being sure where to vote

These are some suggestions:

Leave the schools out of it. People would then know that if it's a school election, you vote at a school, if it's a general election, you vote some place else. It would also help with parking in the non-presidential years.

Have a different place for each Ward, which would include all districts of that Ward. This would make it easier to remember.

Ward 1 (all districts) - try for Southern Dutchess Country Club. Parking is available, and if you walk up the hill toward the pro shop, then over to the building, it can be made accessible. (I believe there are two steps, which could have a ramp.) Building dept. is checking this out. We would of course need permission.

Ward 2 (all districts) - L.T, Hose Fire Company

Ward 3 (all districts) - St. Joachim's gym. (They are agreeable to host us, there's parking and room.)  It's just a few blocks from Forrestal School so the people at that end of the district wouldn't have to move too far. District 3 would be the farthest (includes Ham Fish Plaza) but they're now at the Memorial Building with limited parking and lots of confusion, so the big issue with them would be getting rides for those who need them, same as it is now.

Ward 4 (all districts) - Memorial Building. Same as now, but more room because it will be just that ward.

 

Mayor Gould:  A change in voting places has to be in by May 1, 2007l

Council Member Gold:  The Board of Elections made recommendations regarding driveways to go into a voting place.  When we look at these places we are looking for handicap accessibility. I did an inspection of these places.  I have suggested that all wards be located at the same place. 

Mayor Gould:  It would be better to have all the same wards go to the same location to avoid confusion. - Ward 1 was a problem.  The other problem is at the schools.  Ward 4 will stay at the memorial building.  They mentioned two other places - St. John's or Springfield Baptist.  The parking is not sufficient.  The Country Club was also suggested.

Council Member Gold:  The Board has purchased temporary ramps, which can be used.  In Fishkill voting places charge a fee.  If you like, I will take a look at it this week or next.

Mayor Gould:  I think that would be good.  We have only one more meeting before May 1st.

 

Council Agenda -        Monday, April 16, 2007

 

Community Segment:  Garden Club

Add:  GIS Thing if the guy from Poughkeepsie comes - We do have a community segment.  This has to be done by 2008.

Glenford Avenue

Advisory Committee

Remove Tax lien

 

Workshop ended at 9:45

 

 

 

Submitted by Lucy M. Cullinan - April