Workshop Minutes

City of Beacon Council Workshop Meeting

May 29, 2007

 

WORKSHOP

 

The City of Beacon Council Workshop Meeting held at the Municipal Center, One Municipal Plaza on May 29, 2007 began at 7:10 p.m.

 

In attendance were:

Mayor Clara Lou Gould

Council Members Present:  Lee Kyriacou, Charles Kelly, Liz Foster, Phil Shea, Steve Gold and Eleanor Thompson.

 

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

 

AGENDA

 

Conservation Advisory Commission - The council had the following documents:  Document dated May 5th, 2007 submitted by Christopher Ericson, Chairman for the CAC.  Stormwater Runoff Committee. - In addition see council had documentation titled Draft Plan for Open Space Planning. - City Attorney  will meet with CAC on May 22, 2007 and will Update Council

 

The following is a copy of the General Comments by the CAC:

 

General Comments

This is obviously a boilerplate type law that we were presented with. This law lacks substance that is specific enough towards the needs of the City of Beacon. One of the biggest questions is about the five acre number that keeps coming up. If this is based on a scientific fact that stormwater management for areas under 5 acres is not necessary or cost effective, then we should trust that. However, if this is more like an arbitrary number, or a number based on the average size of development, then we need to scale it down for Beacon. After all, most city lots here aren't even a quarter of an acre. Someone needs to find this out before it's decided whether to stick with the five acre number or scale it back (and if so, to what size?)

Currently, the state regulations allow for a maximum disturbance of 5 acres at any given time on a project, unless special authorization is received from the state to allow for a larger disturbance.   This maximum disturbance of 5 acres was chosen by the state and EPA based upon studies and site cases from the past, as to the size of an area that stormwater runoff can be reasonably controlled from without creating significant threat.   In looking at the size of the lots within the City of Beacon, this maximum disturbance area of 5 acres can be reduced down to a more reasonable disturbance size.   The City of Beacon can make the acreage number smaller for requiring a SWPPP.  Most lots in the City are SO' x 100*.  However, for the City to require any person doing work on their property that involved excavation or earth movement, to hire a "professional" (probably an engineer) so that a SWPPP could be developed, may be cost prohibitive to the land owner and would tend to over regulate established housing lots.  This law is intended to be implemented for the establishing of new construction not necessarily existing.

Taking into account average lot sizes and current potential building areas, it was decided that this law should apply to areas where 2 acres or more of land would be disturbed.   This law will apply to all disturbance within the City, as all disturbances are regulated regardless of size. Although the City may be looking for a Full SWPPP to be developed for disturbances over 2 acres or more, smaller projects will require erosion and sediment control plans to be developed.

It was suggested that the City develop another municipal law that would address property owners who do work to their property that may lead to or change the topography or water flow over their land.   There are many examples of how property owners in this City have made small changes to their SO' xlOO' lot and had detrimental effects to neighboring properties.

Another important issue is the Stormwater Management Officer. Is the City really considering giving Tim Dexter yet another task? His duties with the City of Beacon, enforcing the building code, are more than enough responsibility, plus this is not his area of expertise. If the City is serious about this law, they will hire someone who has training, background, and experience in this area and who can focus solely on enforcing this law.

We feel it is important that the Code Enforcement Office be responsible for the overseeing the implementation and monitoring of

 

SWPPP's.  However, we feel that this duty should come under someone who has experience in this field and is not overburdened with other duties within the Code Enforcement Office.

This law doesn't deal at all with problems that arise from people dumping their water onto their neighbors' property (such as roof runoff, or surface runoff from improperly graded sites). There appears to be major flooding problems because neighboring properties are routing water onto adjacent properties. Currently, there does not appear to be a way to hold land owners accountable for these problems. This should be added into the current law.

This again could be dealt with by implementing a new municipal law that covers these problems on existing building lots.

 

There were a list of Specific Comments and recommendations included but not  attached to these general comments which will be or has been reviewed by the Council.

 

Chris Ericson, Chairman for the CAC:  This law is a difficult situation.   Hopefully my comments will let you know where we are.  I picked up a chart that helps clarify the project.   Hopefully, we can resolve the hardest part, which  is the lot size.  I think we came down to two acres.  Even though the law states five acres, bringing it to two acres is more reasonable.  We also thought that we would develop a municipal law for smaller size lots.  We also agree that the code enforcement officer can do this by himself or someone in his office who is certified to do it.  The fine should be $1,000.00.  You have a map which clarifies some things as far as what type of property we have.  We are modifying the five acre part.  I have not had a chance to look at this map because I just received it this afternoon.  I see that the City Council proposed a local law in the year 2000 but I do not think anything ever happened to it.  We may be able to use that as a starting point.  I think at this point the committee had gotten some response from our questions and a clear understanding of the law.  Does the council want to bring in someone to fine tune these?

City Attorney Pisanelli:  We can do a modified draft.\

Chris:  We want to put a slide show on Channel 22.  How do we go about getting on Channel 22?

Council Member Gold:  I can also put the slide show on the City of Beacon Website.

City Attorney Pisanelli: said that he can have the draft for the June 25, 2007 meeting

 

Discussion continued on making the commission a board.

 

Council Member Kelly:  Should we discuss the conservation committee a board?  I am not clear as to what the difference is between a board and a committee.  It was proposed in 2004 and rejected.

Mayor Gould:  This was discussed and put aside for further discussion.  It was not rejected.

Council Member Kelly:  Asked the council what concerns they had regarding making the commission a board.

Council Member Kyriacou:  There were concerns raised about another layer of regulatory approval.  My own view at the time was to limit it to specific areas that were involved.  I would still make the same argument now that we are only talking about a few areas that are predetermined as open space

 

City Attorney Pisanelli:  gave his understanding of the law.

Council Member Kelly:  In theory any space would be considered open space.

Chris:  Yes.

Council Member Kelly:  I am not opposed to regulations but I am opposed to runaway regulations.  We have had cases where we had well-intentioned boards established where they exceed their authority.

Council Member Gold:  To make it a board we will have to have a public hearing.

Mayor Gould:  When we formed the Conservation Advisory Commission, the county environmental Management was absolutely delighted because most communities do not have one.  It's because they have seen these problems cropping up here and there and they were very pleased that we are taking such an interest to prevent problems.

What we have now is that when the comprehensive plan is in effect, then we can decide if they become a board.  They are having a meeting this Thursday and they are trying to set two other meetings.  They want to start the public hearings, if possible, in July.

 

Chris and the council members named (from memory) a list of properties that would be more than five acres:  Craig House, Memorial Park, all of our existing parks, the golf course, some property along the waterfront, Hiddenbrooke, and a couple of large lots at the end of South Avenue.

 

The council thanked Chris for his excellent and informative presentation. 

 

University Settlement Camp - Talk to Grant Writer

 

City Administrator Braun:  I met with the grant writer.  The city council needs to acquire an application We believe that the city's share would be 450,000.00.  The total cost will be $550,000 - 575,000

Mayor Gould:  People have said informally that they are in favor of doing this.  We need a resolution for this.

City Attorney Pisanelli:  We need to discuss what is happening regarding a proposed contract.

Council Member Kyriacou:  When we passed that bond we did not specify what it was for. 

City Attorney Pisanelli:  The specifics regarding the purchase needs to be discussed.

Council Member Gold:  Regarding grants that we received.  How much money have we gotten the okay on for grants?  It would be helpful for us to know.

City Attorney Pisanelli:  We discussed the possibility of having an executive session with the attorneys. 

Mayor Gould:  We were supposed to get a list of questions.

Council Member Gold:  What is the total amount of money that we have received in grants?

Mayor Gould: said that it is in the process of being completed and it is almost done.  One item that can be used is the ski lodge property, which is $200,000.00.

Council Member Gold:  I spoke to Scenic Hudson about going to Michael and explaining our situation and asking whether they would be opposed to us selling the property and they said that they did not object

Mayor Gould:  Fishkill is very interested because of the pool and they are right next door.

The grant application deadline is June 29th.

Council Member Kyriacou::  Can we go into executive session to discuss this.

Mayor Gould:  I will try to go to Fishkill again.

 

Mayor Gould:  We will have an Executive Session on that tonight.

 

Vacant Buildings:

 

City Attorney Pisanelli:  I have some information but I have not had time to put it down on paper.

Council Member Gold:  Regarding the area of responsibility for the owner getting an agent.  I don't think it describes what the agent's responsibility should be.  Steve also referred to the $120.00 fee which does not add up.

Mayor Gould:  Someone suggested that there may be a way if something does not improve a building, could you tax them as though it had been improved.

 

Resolution - Main Street Center of Commerce and Tourism

 

Mayor Gould:  We are waiting on this.

 

Church & North Cedar Parking  - Purchase of Church and North Cedar Parking.  Grant is for $500,00, Local Share is $100,00, Federal Share $400,000.  Reappraisal completed on March 26, 2007 which was $499,000 for all three lots

 

City Administrator Braun:  The Council will have to appropriate another $100,000 to 150,000.  This is a 80% Federal Grant.  This was to be used for the Library but the bond issue for the library went down but the money was still there.  This will cover more than half of the cost of the parking lot.

Council Member Foster:  Do we have to use the grant for the whole property or can we use it for part of the property.

City Administrator Braun:  You can buy two of the lots with the grant money and buy the third with city funds.

Mayor:  We need the parking in the middle of town.  The Grant will go away if it is not used.

Council Member Gold:  I am not convinced that that area needs that much parking.  I know that we need parking in Beacon.  I know that we have this money and we should be spending this money, correct me if I'm wrong.  Is this an area that needs parking?

 

Proposed Charter Change - Permissive Referendum - Change amount of $250,000 to $375,000

Sec. 8.10. Exceptions to referendum.

The provisions of this Article pertaining to permissive referenda shall not apply to any bond ordinance authorizing the issuance of bonds in an amount of two hundred fifty thousand dollars ($250,000.) or less, nor to any bond ordinance authorizing the issuance of bonds for capital improvements of which more than fifty per centum (50%) of the cost thereof is to be levied by assessments upon property especially benefited thereby, nor to any bond ordinance authorizing the issuance of bonds for the payments of judgments or compromised or settled claims against the city or awards or sums payable by the city pursuant to a determination by a court, officer, body or agency acting in an administrative or quasi-judicial capacity, or providing for the construction or maintenance of sewer treatment facilities or water pollution control facilities.

 

The following email from Joe Braun dated May 18th was addressed to all the member of the City of Beacon Council.

 

"For the last 15 years, the trigger for a permissive referendum has been at $250,000.  I have copied the section of the code above.

 

I recommend that trigger be raised to a level that reflects price inflation over that period of time.  The CPI in 1992 was 140 and in April it was 206.  The increase is 206/140 or 47%.  I recommend a increase of 50% to $375,000.00.  Thank you.  City Administrator, Joseph Braun."

 

City Attorney Pisanelli:  I have to check to see if the state has limits.  In the meantime, you can continue on this.

Council Member Kyriacou:  I think that we should make it for $400,000.00.

 

Everyone agreed that it should be increased to $400,000.00 rather than  $375,000.00.

 

Salary Adjustments

 

This will be discussed in executive session.

 

Proposed Resolution - Work in a cooperative and bipartisan manner to enact the legislative changes identified in NYCOM’s report, “The Legislative Program,”

 

The following letter dated April 12, 2007 from Frank Coccho, Mayor of Corning, New York was addressed to Mayor Clara Lou Gould:

 

The Honorable Clara Lou Gould Mayor, City of Beacon 1 Municipal Plaza Suite 1 Beacon, New York 12508

_

Dear  Mayor:

Enclosed you will find an April 2, 2007, Corning City Council Resolution and a letter to Governor Eliot Spitzer requesting that he and members of the New York State Senate and Assembly work hi a bipartisan manner to enact the legislative changes identified hi NYCOM' s Report, "2007 Legislative Program."

We respectfully request you share and support our desire to help improve the economic prosperity, success and financial stability of our great cities throughout New York State. Please feel free to use the enclosed Resolution as a model for enacting similar legislation in your community.  If you have any questions or suggestions to assist us in our effort, please contact me. Sincerely,

 

The following letter dated April 12, 2007 from Frank Coccho, Mayor of Corning, New York was addressed to Governor Eliot Spitzer and a copy to Mayor Clara Lou Gould:

 

Dear Governor Spitzer:

On April 2, 2007, the City Council of the City of Corning passed the enclosed Resolution requesting you and members of the New York State Senate and Assembly work in a cooperative and bipartisan manner to enact the legislative changes identified in NYCOM's report, "2007 Legislative Program," to help improve the economic prosperity, success and financial stability of our great cities throughout New York State.  If you have any questions, please feel free to contact me. Sincerely,

Frank Coccho Mayor

 

A Resolution was prepared and was included in the Workshop Packet as follows:

 

RESOLUTION  for  2007

WORK IN A COOPERATIVE AND BIPARTISAN MANNER TO ENACT THE LEGISLATIVE CHANGES IDENTIFIED IN NYCOM'S - REPORT, "THE LEGISLATIVE PROGRAM,"

 

WHEREAS, on January I, 2007, the State of New York swore in its 54* Governor, Eliot Spitzer; and,

WHEREAS, this change in Governorship and with the cooperation of our State Legislature provides an opportunity to reform the way in which our State government operates and its relationship with its cities; and,

WHEREAS, the State of New York has for too long burdened its cities with unfunded mandates that directly affect local property taxpayers; and,

WHEREAS, the New York Conference of Mayors and Municipal Officials has collectively developed needed reforms in a report entitled, "2007 Legislative Program" to address these issues that are critical to our municipalities across New York;

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Beacon hereby respectfully requests that Governor Eliot Spitzer, and Members of the New York State Senate and Assembly work in a cooperative and bipartisan manner to enact the legislative changes identified in NYCOM's report, "The Legislative Program," to help improve the economic prosperity, success and financial stability of our great cities throughout New York State.

 

Poughkeepsie Journal Letters to the Editor:

 

City Attorney Pisanelli:  Asked City Administrator Braun to make a copy of the letter to the editor criticizing the city officials.  I am pushing to obtain information.  I asked the attorney to look for the letter to the editor.  This helps to clarify the situation.  We have not been asked by the insurance company when they make a settlement.

City Administrator Braun:  If they use public funds, they have to provide us with documentation.

Council Member Gold:  It was not just that we did not give them that information; the insurance company also did not give them the information.  They should not delay in providing that information. 

Attorney Pisanelli:  This letter to the editor should have been kept confidential, especially when it comes to police officers. 

Letter from David Kidera, State of New York Authority Budget Office Re:  Governor Spitzer's actions on a bill:

 

The letter dated May 25, 2007 and addressed to Attorney Gerard Pisanelli regarding Beacon Community Development Agency (same letter was received re:  Beacon Community Industrial Development Agency)  is as follows:

 

Dear Mr. Pisanelli:

Governor Spitzer has sent to the Legislature a bill to repeal the enabling statutes of a number of moribund urban renewal agencies, industrial development agencies, municipal housing authorities, parking authorities and other public authorities.

The Beacon Community Development Agency, which was created for the benefit of the City of Beacon is included in this bill because this Office, the Comptroller and/or the New York State Commission on Public Authority Reform have determined that it is defunct.

If you believe the Beacon Community Development Agency to be active, please notify this office immediately, but not later than June 6, 2007.   All records and property of Beacon Community Development Agency will be passed on to the City of Beacon if this bill is passed by the legislature. We are not aware of any liabilities of the authority, but if any exist, they will also be passed on to the City of Beacon, therefore, please advise us if you are aware of any. For your information and convenience, enclosed please find a copy of the bill and a memorandum in support with an attachment listing the affected authorities and municipalities.

My staff and I are happy to answer any questions you may have. Please direct all inquiries to the ABO at (518) 474-1932, or from outside the Capital District at 1-800-560-1770.  Sincerely, Signed by:  David Kidera, Authority Budget Office.

 

City Attorney Pisanelli:  Also I received the above letter today from the NYS Budget office.  I will do a resolution

Mayor Gould:.  This will go on the June 4, 2007 Agenda. 

 

Council Agenda

Monday, June 4, 2007 

Community Segment:  Jamie McCollum – Water Department

 

Motion to enter Executive Session at 8:30 p.m.:  Council Member Kyriacou.  Seconded:  Council Member Gold.  All voted in favor.  Motion carried.

 

Motion to end Executive Session at 9:30 p.m.:  Council Member Shea.  Seconded:  Council Member Foster.  All voted in favor.  Motion carried.

 

The workshop ended at 9:30 p.m.

 

 

Submitted by Lucy M. Cullinan -