Workshop Minutes

City of Beacon Council Workshop Meeting

November 26, 2007

 

WORKSHOP

 

The City of Beacon Council Workshop Meeting held at the Municipal Center, One Municipal Plaza on November 26, 2007 began at 7:05 p.m.

 

Council Members in attendance were:  Clara Lou Gould, Elizabeth Foster, Charles Kelly, Phil Shea, Steve Gold and Eleanor Thompson.

 

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

 

AGENDA

 

Budget Presentations

 

Anthony Thomaselli (Nickname:  Zep) – Street / Parks

I tried to keep my budget very tight.  I only went up on a couple of items.  Total budget increase is 2.4%.  This includes hiring one man who retired in July and I did not rehire anyone.  I barely made it through the year.  I also had one open position from two years ago.  I disparately need this position filled.

Council Member Gold:  You will also have more work to do because you will have University Settlement and Hiddenbrooke.

Zep:  Temporary Position was bumped up.

Council Member Eleanor Thompson:  I think we should use the resources that we have to fill the temporary position.  It should be open to all kids.

Zep:  I do not want to baby-sit.  A couple of years ago, we had a problem.

Council Member Thompson:  We will set criteria.  It can work.

Zep:  We have really good kids.  One of the kids that we have has been with u for five years.  Gas and Oil was increased.  Right now we pay $5800 a month.  We have three months left for this year and we may be short.  It will be pretty close. 

Zep:  We have a line item for flowers for the garden club.  I usually took that out of materials and supplies, which will be reduced by that amount.   If you allow me to have a line item for the garden club, I can leave my materials and supplies the way it was.  Xmas lights are another 2,000.00.  The flags are for all public buildings, etc.  We probably have about 75 flags to replace.  Garage:  Contractual Increases.  Tools up 1000.00.

Council Member Gold:  In past years the veterans group pitched in for the flags.

Zep:  A lot of the basins are not being attended to.  Overtime:  We are in a hole $1,471.00.  When this happens, money is transferred from the fund balance.

Council Member Kelly:  Since his increase is only 2% we should move on.

 

The council thanked Zep for his presentation. 

 

Jamie McCollum – Water Department

 

Jamie:  The bottom line is an increase of 2.5%.  Most of that is for salaries, which went up 3.5 percent. 

Council Member Kelly:  Are all of your employees at the top step? 

Jamie:  Yes.  It takes 5 years to get to the top step.  The only increase is 15% for gas and oil.

Council Member Kelly:  Are you anticipating any retirements?

Jamie:  Maybe one but not for a year or a year and one half.

Council Member Kelly:  I am very happy with that.

Jamie:  I would like to read a statement and I also would like this to be included in the comments of the December 3, 2007 City of Beacon Council Meeting Minutes. 

 

To:      Mayor Gould, Honorable Council Members

From: James McCollum, Water Superintendent

 

As another chapter in the City of Beacon's storied history approaches its final pages, the only certainty is that many of us at this table will not be here next year at this time. Mayor Gould, after many years of great service and through whose timeless efforts our City has continued with its renaissance, is graciously stepping aside and I offer her many thanks and wish her well.

The City Council will also take on a new look and personality as, either by choice or by chance, many different faces will take on the everyday challenges of city govern­ment. I would like to thank the current City Council members for all of their hard work and dedication and also wish them well. Furthermore, I want to congratulate Mayor-elect Gold and his new team, and with this, the hope that they are blessed with the wisdom, fortitude, and passion to continue in the quest to sustain the City of Beacon as the community by which all others are measured.

Over these last fifteen years, as the City changed its way of government from the various "commissioners" style to the present format, one person was employed with the unenviable task of managing the daily operations of all of the diverse departments, the financial aspects of the municipality, and to serve as a liaison between all of the integral parts of this government and the community.

This person, as we know, is our current Administer Joe Braun. Although Joe and I have not always seen eye to eye on every issue that materialized over the years, we shared a mutual respect, which helped us accomplish a great many things. I believe that the City of Beacon has been made a better place as a result.

My father always taught me to be a leader and not a follower; Joe Braun made me challenge myself to be a good one. For this I am truly grateful.

In closing, I tried to come up with some witty statement from someone like Shakespeare, Lincoln or Kennedy, but to no avail. So, for this moment, I can only recall the last few lines from "Dances With Wolves" where two aging warriors from completely different cultures bid each other farewell for the last time:

"We've come far, you and I". "I will not forget You "!

 

William O’Keeffe – Sewer Department

 

William O'Keeffe:  My budget is basically the same - salaries, chemicals, etc.  The bottom line is a total percentage of increase of fewer than 2%.

Council Member Kelly:  Do you expect retirements this year? 

William O'Keeffe:  Possibly one.

 

The council thanked Mr. O'Keeffe for his presentation.

 

Julann Cobb – Recreation Department

 

The Council discussed the request for Julann's job to change from part-time to full time.  Julann has not yet taken Civil Service the test.  The part-time position is for 17 hours or less.  The full time position will for over 17 hours.

Council Member Shea:  Does this have to be placed on the list?

City Administrator Braun:  I don't think that it is on a CSEA list.

Council Member Gold:  Will CSEA come up with a salary?

City Administrator Braun:  They may do that.

Council Member Foster:  Have you ever looked at sharing with Fishkill?

Mayor Gould:  They have expressed an interest in sharing.

Julann:  The job is for 17 hours or less.  Right now I am working 23 hours a week.  I don't get paid for those extra hours.  There are some things that need to be done that I can't get done.  Currently we have verbal agreements with many of the people we deal with but we need to have things in writing.  It will be required by Law in the next year.  We have to be sure we provide equal to girls as well as boys.  These things need to get done.  The big thing now is the senior citizen population.  You have young, middle and elderly seniors and people with disabilities. 

Council Member Gold:  I'm sure there will be more programs with the acquisition of Universal Settlement and Hiddenbrooke.  We need opportunities for students.

Julann:  There is a lot of work that is done behind the scenes.  The kids from the school need direction.  There is nothing for middle school and high school kids.  All of this takes time.  At this point I feel that I do not have the time needed to devote to basic responsibilities.

Council Member Gold:  Do you have any ideas for budget development?

Julann:  The middle school students need to have their energy contained.  I would like activities that are not sports related.  We need to do some hardcore development.  I have a figure of $15,000.00 set aside for those programs.

Council Member Thompson:  $15,000 is not enough money to do what the children need.  I think we should ask the grant writer to do some research to see what is out there.  However, this is a good start.

Council Member Kelly:  What is the percentage of increase from last year to this year?

Julann:  I do not have that figure.  It will be high because I am requesting that my position be changed from part-time to full time.

Council Member Gold:  We charge for kids and we do not charge people who are over 35 and on in the baseball league.  The city is putting in $6,500.00.  I would like to eliminate the fees for kids.  Reduce the line item for the baseball league and eliminate the fees for kids.  Steve asked:  Joe, how this could be handled?

Mayor Gould:  We have people who are under 35.  What do you do if you are 22 or 23?

City Administrator Braun:  We can run the numbers and see how to do this.

Council Member Kelly:  In terms of the overall budget for 2008, what is 1%?

City Administrator Braun:  About 60,000.00.

 

The council thanked Julann for her presentation.

 

Council Member Gold:  to Administrator Braun:  Could you do a summary?  It would be helpful for us to know what the percentage increase of each department and give us recommendations for any that are over 4%. 

 

Mayor Gould:  A vote on the budget will be on the 17th of December.

 

Budget Approval

 

We will set a Public Hearing on December 3, 2007 to Vote on Budget on December 17, 2007.

 

Cabaret Law - Continue Discussion.  Building Department Input.  Noise Concern.

Documentation Previously Distributed

 

Tim Dexter:  At the last meeting Jerry and I talked about getting together to discuss some options.  We talked about a corridor on route 52 or square footage at each establishment.  I would be real careful that we don't get into discrimination problems.  I have been working with the police dept and the owners of the homes to see what the rules and regulations are.  The ABC people don't consider a single complaint something that they should assign an investigator to.  It would have to be several times a week or every weekend.  With the cabaret law we can request that

Council Member Gold:  One of the things we wanted was to incorporate the ABC law with our law. 

City Attorney Pisanelli:  You may want to include more specific information. 

Council Member Gold:  The noise ordinance is for anytime of the day or night.  Can we pass a law that says that we will not allow liquor outdoors?

Mayor Gould:  I had a call last week complaining about the muslin call to prayer.

City Attorney Pisanelli:  I think the business establishments have gone through a process to have that particular area approved, which involves additional fees.

Council Member Gold:  Either the noise law is not being enforced or the fine is too low.  If you make them keep the doors closed that will solve a good part of the problem.

 

The noise ordinance will be looked at more closely.

 

Outdoor Furnaces - Input from Building Department

Documentation Previously Distributed

 

Tim Dexter:  I spoke to David Stolman and he said that this could require a special use permit.  He will be here once the council sets some standards and drafts regulations.  All he needs is some direction from the council.

Council Member Gold:  We are talking about a requirement of a minimum of 1/2 acre.  We are not certain if that is large enough.

Tim Dexter:  Based on the research that was done, there are some furnaces out there that are fairly smoke-free if they are done properly.  If it is smoke and flu that you are concerned about, we can draft legislation that allows certain units.  I don't know whether he meant a brand name but I think that he meant a certain type of furnace.

Phil Shea:  We got information on the newer ones and they are cleaner and more efficient.

Tim Dexter:  They will be permitted on larger lots.  They should not be a problem with neighbors.  They should be compliant with the manufactures recommendations.

Mayor Gould:  What about the fuel that they would be allowed to burn?

Tim Dexter:  One of the requirements of the Special Use Permit would be that they are compliant with the manufactures recommendations.

Council Member Foster:  Only if they met those conditions for them to be permitted. 

Tim Dexter:  Like any Special Use Permit, it will have to go to the planning board that has to be sure that they comply with regulations set forth by the council.

 

Empire Zone Boundary Revision - See attached Resolution:  Support and Concurrence with the Poughkeepsie/Dutchess Empire Zone Revision Application.

 

Water Meter Replacement:

 

City Administrator Braun:  We have 120 residents who are not allowing us to change their meters  .Old Meters run slower so they are paying less.  My proposal is to increase the rate for those customers by at least 10% or 15% as a penalty for not allowing us to change their meters.  We contacted them by mail, knocked on their door, and went there on Saturday in an attempt to communicate with them to no avail.  We have been doing this for almost a year.  We want people to replace their meters

Council Member Thompson:  I agree that only the people that won't change their meter should be charged. 

City Administrator Braun:  Again I talk to meter folks every week.  It is not for lack of trying.  We have to do this to tell those residents they are going to have to pay 10 or 15% more if they don't cooperate.  They are consuming more water than what appears on their old meter.  We want to have a system that is complete and where everyone is on the same system where we can go out and read his or her meter by radio on a monthly basis.  Right now we are trying to find these people to change their meters.

Mayor Gould:  Is everyone okay with this recommendation?

Council Member Gold:  I am one of the guilty ones.  I plan to have it done.

All Council members were okay with City Administrator's recommendations of charging 10 to 15% for their water usage.

City Attorney Pisanelli:  You will have to amend the local law.  I think that this should be publicized.  That is being done now.  It will take two meetings before the local law goes into effect.

 

Absentee Landlords  - Proposed Local Law Documentation Previously Distributed

 

Tim Dexter:  We had a lot of discussions last time around.  Council Member Thompson got some things from the City of Newburgh.  One of the main obstacles from the Newburgh Law is that it does not address all non-owner occupied buildings.  There was a piece in there regarding the appointment of a managing agent by the landlord of the non-owner occupied building.  They should have one that would accept service if they cannot be located.  This would be someone to contact in the event that we need to contact the owner.  Most times it would take only one phone call.  I suggest after the 1st of the year the new administration have a copy of where we left off so they can possibly come up with likes and dislikes and revisit it

Mayor Gould:  We can give them a copy now rather than wait for the 1st of the year.

Council Member Thompson:  I thank you and very much and would like to work on this. 

 

Bond Ordinance - Authorizing the Issuance Of Up To $525,000 Aggregate Principal Amount Serial Bonds of the City Of Beacon, Dutchess County, New York, To the Local Finance Law, To Finance the Costs of the Acquisition of Machinery and Apparatus for Construction and Maintenance Including Dump Trucks, a Leaf Truck and Blower, and a Backhoe and Trailer.   For Adoption by affirmative vote of at Least two-thirds of the entire voting strength of the Council of the City.  Documentation Previously Distributed

 

Zep:  Basically what we are looking for is a new truck and a leaf vacuum.  We can get this through a grant but we have to put the money up front.  This will cut down the manpower.  The leaf blower broke down this morning after two hours as we were gathering the leaves that fell this past weekend.  The public should be informed to bag their loose leaves in case a snowstorm comes.  We retired a truck that was a 1979 which is 30 years old.  We need a new dump truck to replace this one with a combination of a sander and plow.  We also need a backhoe.  What we figured is that we would let the Water Department get the new one and we will be getting their old one.  The trailer that we are requesting is for the Bobcat.  The bond will be for 475,000

Council Member Thompson:  What will this cost us?

City Administrator Braun: I will put together a schedule of the cost.

Council Member Kelly:  What do we pay in debt service?  The rate now is 2.5%.

City Administrator Braun:  I will get this to the council members. 

Zep:  Once we have our new facility, we will save the trucks.  The salt and sand do a job on the trucks.

 

Mayor Gould:  This will go on the agenda for the next council meeting.

 

University Settlement Camp -

 

1.      Add to list of Proposed Uses

2.      Maintenance Agreement for University Settlement Camp

 

List of Proposed Uses

Mayor Gould:  Ballet School, Clearwater, Shakespeare and recreation.

 

Maintenance Agreement for University Settlement Camp:

City Administrator Braun:  I talked to Mike Zisser who made a plea that when the city takes over the university settlement that the grounds are taken care of and that the building is secured.  He has someone who will continue to do the job.  He will be there to secure the property and do maintenance.  It is my recommendation that we remain with him to secure the property and do maintenance.

City Attorney Pisanelli:  Referred the council to a letter, which describes the terms of the caretaker of University Settlement as follows:

 

Letter from Michael H. Zisser, Ph.D., Executive Director dated November 18, 2007 addressed to Mayor Gould regarding Caretaker of University Settlement:

 

Dear Mayor Gould:  As we move forward with our plan to sell the camp property in Beacon, we need to reiterate the importance of taking care of the site in the months immediately following the transaction.  We strongly recommend to Scenic Hudson, the City of Beacon and the State of New York (if involved in the transaction) to quickly arrange an agreement with Patrick Freeman for him to serve as interim "caretaker" for at least the six months following the sale.  Patrick has served in this position for University Settlement for most of 2007, providing basic oversight of the property in exchange for living in the Director's house without having to pay rent.  I have provided you with the agreement we have with Patrick.  Time is of the essence regarding this matter, so we are asking you to make the necessary contacts if the idea seems reasonable.  We will, of course, provide any background material, which may be helpful in making this decision.  Leaving the site unprotected following the sale should not be the unintended consequence of what takes place over the next several weeks.  Signed:  Sincerely, Michael H. Zisser, PhD, Executive Director.

 

This will be put on the agenda for December 3, 2007.

.

Round Tree Court - Amend Garbage Law – See attached correspondence stamp dated 11/14/07 from Metra Homeowners Association, Inc. as follows:

 

Metra Homeowners Association, Inc. PO Box 21 Glenham, New York 12508

 

City Council City of Beacon 1 Municipal Center Beacon, NY 12508

Written Petition to Beacon City Council

 

The residents of Roundtree Court respectfully request that the City Council amend Beacon City Code Article VII Section 135-86 Paragraph "A" entitled "Garbage and refuse." The code currently reads as follows:

§ 135-86. Garbage and refuse.

 

A.  Adequate sanitary facilities and methods shall be used for the collection, storage, handling and
disposal of garbage and refuse. Containers shall be kept off sidewalks to the rear of properties,
except for the day of pickups.

B.  In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls and
stairways.

C.  All one- and two-family dwellings that are constructed after the effective date of this provision shall
include an automated garbage disposal system. This provision shall take effect on March 1, 1994.

 

The requirement under paragraph "A" of this section that homeowners store their garbage and refuse containers in the rear of the property imposes a unique hardship on the owners of townhouses. A number of townhouses are situated in the middle of a row of such houses; effectively cutting off outside access to the rear of such property.

Paragraph "A", as written, would force the homeowner, in such cases, to transport the container through the home. In addition to the possible health implications of such a requirement, the standardized containers - mandated by the city - are simply too wide for the home entrances.

 

The homeowners at Roundtree Court respectfully request that section 135-86 be amended to include an exception to paragraph "A" for townhouses where such hardships exist. Such an exception would require townhouse owners who are affected by such hardship to store such containers "... as far to the rear of the property as possible, " and kept in a neat and orderly manner.  Signed by:  Charles Murphy, Director, Deborah Imrich, Director, and William Ferro, President.

 

Tim Dexter:  The law is that the garbage cans should be placed out of sight.  The complaint is that our law does not allow for an exemption.  I do not have any options.  The council can modify the law to provide some other method.  What we have before the council is our stated position.  It is not just Roundtree Court.  We have other developments.  Right now our Law does not allow us to visit those types of exemptions.

Council Member Kelly:  Jerry, can we retroactively pass a law?  Is this the same as the sewage law?

City Attorney Pisanelli:  This is a different situation than the sewage law.

Mayor Gould:  The Sewage law is beyond our control but this is in our control

Council Member Gold:  Read from correspondence from Roundtree (is included above).  This seems reasonable.

Mayor Gould:  It would better if they can put a screen in front of the garbage cans to hide them.

Tim Dexter:  I would suggest that it be as specific as possible.  Behind a fence or a bush.  You may want to have a uniform bush or fence. 

Council Member Gold:  Steve asked Tim to put together some ideas.

Tim Dexter:  Since the council is interested in doing some sort of exemption, they should go to the homeowners association.  Usually all attached housing has a homeowners association.  The garbage containers should be placed as far to the rear as possible with some sort of uniform fencing or bushes.

Mayor Gould: This will be put into a resolution by Attorney Pisanelli for a first reading at the December 3, 2007 Council Meeting Agenda and voted on December 17, 2007.

 

Consultant Agreement - Authorize Mayor to sign Architectural/Engineering Consultant Agreement PIN 8757.30 (Fishkill Avenue and Pin # 8757.80 (Teller Avenue).  See attached memo from Joe Braun dated 11/20/07 to Mayor Gould along with attached documents.

 

City Administrator Braun:  This is for the reconstruction oversight of Walcott and Fishkill Avenue.

We went through the selection process looking for various qualifications based on criteria that is best qualified.  We felt that Hudson Valley associates was the best qualified.  They have done work for us before.  Another great asset, they would be right there just across the city line in the event they needed to be contacted.  This company was chosen based on their professional qualifications.  We are not required to accept the lowest bidder in this situation.  There is a distinction between a professional and a contractor.  This will hasten the completion of the project.  This is a form of contract that is approved by the state.

 

This will be put on the agenda for December 3, 2007.

 

Appointments / Ratifications

 

Council Member

 

Mayor Gould:  We need to appoint a council member to replace Lee Kyriacou.

Council Member Kelly:  I believe the 45 days have lapsed.  I suggest that we appoint Randy Casale.

Council Member Foster:  It is 38 days and not 45.

Mayor Gould:  I am okay with Randy.   He has to be approved at the next council meeting on December 3, 2007 and if possible at the beginning of the meeting so he can sit in for the meeting.

 

This will be on the December 3, 2007 Council Meeting Agenda.

 

Conservation Committee:

 

There was only one response.  He will be appointed at the December 3, 2007 Council Meeting:

John Dunne Three Year Term - Term to Expire 12/31/10

 

City Attorney Pisanelli:  Most people who are in that position will stay if they so desire.

 

Conservation Advisory Commission – Term Five Years

 

(1) Vacant Position

(3) Expiring Terms

 

Fire Advisory Committee - Two YearTerms

 

(1) Expiring Term

 

Human Relations - Two Year Terms

 

(7) Expiring Terms

(4) Vacant Position

 

Planning Board - Three Year Term

 

(4) Expiring Terms

 

Recreation Commission - Three-Year Term

 

(3) Expiring Terms

 

Zoning Board of Appeals - Three Year Term

 

(1) Expiring Terms

 

Announcement

 

Other Business:

 

Acting Police Chief:

 

City Attorney Pisanelli:  There is a list and I believe that Capt. Scofield is number 1 or 2 on the list.  We don't want two chiefs.  The previous chief will be retiring on December 1, 2007.

Council Member Kelly:  I believe that the next test for chief is sometime in March.

Council Member Thompson:  I have one problem with this.  We had asked for a search so that there would be a fair decision so we would not be accused once again of putting a local person in that position.  We had asked for that and it was not done.  I would still like for that to happen.  I think Capt. Scofield is doing a fantastic job. 

Council Member Kelly:  We discussed that we would adopt a resolution that we would do a search and then review the applicants and make a decision on the basis of a review.  We were told at that time that adopting that resolution would be premature.  The spirit of the resolution was that there would be a review before an appointment.  I think that we still have some time.  This is not to prejudice Capt. Scofield in any way.  I think he is doing a fine job.  I would like to establish a process for high-level appointments where it's more rational and more competitive.  Then based on a review we make an appointment.  Ultimately the final decision is with the Council.

City Administrator Joseph Braun will check with CSEA to ask what happens if there are only two people on the list.

Council Member Kelly:  I would like this tabled until we get further information.

 

BANNERS:  Beekman Street Artist Banner Project Agreement.  (Does not include itemized list.)

 

The following was taken from the prepared agreement:

 

This agreement is between The City of Beacon and the Rutigliano Group, and shall remain in effect from the date is signed by both parties until the completion of the two (2) year of banner display on and near Beekman Street in Beacon, New York US, as described herein.  The term of this agreement shall automatically renew unless either party gives 60 days written notice of termination or modification prior to expiration.

 

 

This will be placed on the agenda for December 3, 2007.

 

Beacon Institute Agreement - The following is the first two paragraphs from the letter of Agreement between the City of Beacon and the Beacon Institute, Inc.

 

This Letter of Agreement is entered into between the City of Beacon ("City"), and the Beacon Institute, Inc., ("TBI"), for the purpose of authorizing certain improvements to and use of City property, in accordance with the specific terms set forth herein:

 

I.  Scope of Work:  Denning's Point "Gateway" Entrance and Parking Area.  The scope of work authorized under this agreement includes the design, construction, installation, use and maintenance of a "gateway" entrance and parking area, to serve public visitation to TBI's "Building One" at Denning's Point in the Hudson Highlands State Park ("State Park"), as well as public visitation to the State Park.

 

This will be placed on the next Council Meeting Agenda for December 3, 2007.

 

Public Hearing for Comprehensive Planning

 

Comprehensive Plan Set Public Hearings:

Monday, December 17, 2007

 

Upcoming Workshop Agenda Items

 

Vote on City of Beacon Proposed Budget on Monday December 17th at the City Council Meeting.

 

Council Agenda - Monday, December 3, 2007

Public hearing volunteers getting discount on their taxes

Bond Ordinance

Consulting agreement with University

Round tree court

Consultant Wolcott and Fishkill Aves

Final hearing comprehensive plan Dec. 17

 

Workshop Meeting ended at 10:05 p.m.

 

 

Respectfully Submitted by Lucy M. Cullinan - December 1, 2007