PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
January 30, 2013
AGENDA
SALUTE TO THE FLAG & ROLL CALL
AUDIT OF BILLS
MICHAEL GRIFFIN
Support for NYS-Contact Information for Vacant Structures - Resolution
Putnam County Hydrofracking Law - Resolution
KEVIN BURNS
Conference Request
Solar Panel Proposal - Update
Putnam Lake PAB - Update
CHARLES COOK
Recycling Bid - Discussion
Recreation Request(s)
ROBERT MCCARTHY
Lawn Bids - Authorize Town Clerk to Advertise
Re-appoint Town Assessor
Flood Damage Prevention - Set Public Hearing
Department of Health Notice - E-waste
OTHER BUSINESS
PUBLIC RECOGNITION
ADJOURNMENT
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NEW YORK 12563
January 30, 2013
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
KEVIN BURNS, COUNCILMAN
CHARLES W. COOK, DEPUTY SUPERVISOR
ROBERT MCCARTHY, COUNCILMAN
EILEEN CORBLEY, DEPUTY TOWN CLERK
JAY HOGAN, TOWN COUNSEL
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 12 in attendance.
AUDIT OF BILLS
Mr. Cook made a motion to accept Abstract No. 1 as written:
General Fund $165,134.80, Highway Fund $137,522.66, Putnam Lake Fire District $63,511.00, Patterson Fire District $95,265.00, Waste Water Treatment Plant $13,714.00, Capital Fund $38,476.25, Putnam Lake Light District $1,828.73, Patterson Light District $2,161.78, Patterson Refuse District #2 $96,254.77, Deerwood Drainage District $18.59, Patterson Park District $2,023.37, Putnam Lake Park District $1,647.20, Alpine Water District $852.71, Dorset Hollow Water District $833.75, Fox Run Water District $485.66, Trust & Agency $7,882.50, Grand Total Abstract $627,612.77.
Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mr. Griffin, yes.
MICHAEL GRIFFIN
SUPPORT FOR NYS-CONTRACT INFORMATION FOR VACANT STRUCTURES – RESOLUTION
Mr. Griffin introduced the following Resolution in Support of NYS-Contact Information for Vacant Structures:
R-0113-04
WHEREAS, vacant and abandoned homes and structures have proliferated, largely due to the increase in foreclosures, throughout New York State over the last five (5) years; and
WHEREAS, vacant homes and structures that are not properly maintained degrade and depreciate their value and the value of surrounding properties; and
WHEREAS, lending institutions that hold mortgages on such vacant homes and structures do not always provide the contact information of a responsible party; and
WHEREAS, Assembly Bill A.88 and Assembly Bill A.824, currently pending, would make it mandatory for lending institutions to provide contact information of responsible parties regarding vacant homes and structures, and require good faith in obtaining a foreclosure; and
WHEREAS, the Town of Patterson Town Board supports the passage of said Bills.
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Patterson hereby supports the passage of Assembly Bill A.88 and Assembly Bill A.824, and respectfully requests that the State Representatives who represent constituents in the Town of Patterson support the passage of said Bills.
BE IT FURTHER RESOLVED that copies of this resolution will be forwarded to Senator Greg Ball - 40th District, Assemblyman Steve Katz - 94th District, and Co-Sponsors of this Bill: Assemblyman Michael P. Kearns - 142nd District, Assemblywoman Ellen Jaffee - 97th District.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
PUTNAM COUNTY HYDROFRACKING LAW – RESOLUTION
Mr. Griffin stated Putnam County is in the processing of trying to adopt a law that states that under no circumstances will they permit other governmental entities to use hyrofracking waste. Whether it be on treating their roads or processing at a sewage treatment plant. While the Town Board doesn’t take issue with the non-use of fracking waste, what we do take issue with is that the County of Putnam trying to usurp our home rule and dictate policy to us and to the Highway Superintendent. Highway law is very clear as to who has the responsibility for the roads and New York State DEC and New York City DEP have the responsibility for deciding whether a sewage treatment plant can or can’t process fracking waste.
Mr. Griffin introduced the following Resolution in Opposition to Putnam County Proposed Hydraulic Fracturing Law:
R-0113-05
WHEREAS, a new Chapter 172 to the Putnam County Code entitled “Hydraulic Fracturing” (the “Proposed Law”) has been introduced before the Putnam County Legislature; and
WHEREAS, the Proposed Law prohibits the introduction of natural gas waste to any wastewater treatment plant within Putnam County, the sale of natural gas waste within Putnam County, and the application of natural gas waste on any road or real property within Putnam County; and
WHEREAS, the introduction of waste products into a wastewater treatment plant is regulated by New York State and New York City departments and agencies; and
WHEREAS, pursuant to Highway Law, the Town Highway Superintendent is charged with maintenance of Town Roads including the means and methods of snow removal and winter maintenance thereof, and
WHEREAS, the Town of Patterson Town Board finds that the Proposed Law could
preempt the Town’s right to manage its property and affairs free of interference, as guaranteed under the New York State Constitution, Article 9, and the Statute of Local Governments; and
WHEREAS, the Town of Patterson Town Board opposes passage of the Proposed Law.
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Patterson hereby opposes enactment by the Putnam County Legislature of the proposed Hydraulic Fracturing Law, and respectfully requests that the County Legislator who represents constituents in the Town of Patterson oppose the passage of said Law.
BE IT FURTHER RESOLVED that copies of this resolution will be forwarded to Legislator Ginny Nacerino - District 4.
Seconded by Mr. Cook. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mr. Griffin, yes.
KEVIN BURNS
Mr. Burns made a motion to approve one conference request.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
SOLAR PANEL PROPOSAL – UPDATE
Mr. Burns stated we received an inquiry from BQ Energy regarding doing an installation of solar panels on our landfill by the Cornwall Field site. Councilman Cook actually attended the meeting, we have some agreements that we are looking over. It seems like it is headed in the right direction and I think ultimately something will come of it.
Mr. Griffin stated we provided them with our current contract with Suez which is a potential problem because there is a three year restriction on who we can buy energy from. We would love to have an update from you.
Mr. Paul Curran, BQ Energy stated the project is moving forward very nicely. We received your usage and your contract that is currently over at Suez. We made a modification to the option agreement that we sent you to recognize that. It would basically say that we would be free to construct as soon as we could. It is estimated to be about 12 months from now that we would be in operation. For the initial period we would not have the option of selling you power until you were free to buy the power, which might be as late as three years from (inaudible).
Mr. Griffin stated at some point if you could give us a letter and an insurance certificate naming us as additionally insured.
Mr. Curran stated we are required to do that as part of the lease.
Mr. Griffin stated no, you would be required to do that before you go on the land.
Mr. Curran stated yes.
Mr. Cook stated who determines which Town site receives this solar power electricity.
Mr. Curran stated you would, in a sense. There will be a remote (inaudible) agreement with NYSEG and you will designate which meters you wish to get credit for the amount of kilowatt hours that we would be producing at the site. You can put all of them down or if you feel that some facility that philosophically should not receive the credit, you have the option of excluding that.
Mr. Cook stated Kevin did you have a chance to contact their client in Massachusetts.
Mr. Burns stated no, I made four calls to the contact and I haven’t gotten through to her. I will continue to follow up with her.
Conversation ensued.
Mr. Bruce Major stated is there any consideration being given to screening that may affect certain homes that are around that site. Are there any reflective issues that will have an impact on any of the homes going to the south specifically and is this lease a fixed dollar lease. As it becomes more profitable for them one would hope that the dollars back to the Town would increase.
Mr. Curran stated I will address your questions in reverse order. Councilman Cook raised the same issue about future earnings. Generally speaking we will contract long term for the revenues that is one of the advantageous of it, however, Councilman Cook asked if we would put into the lease a revisiting clause at the end of five years so we can come back and look at it and make adjustments into the lease price if it was appropriate.
Mr. Cook stated that is every five years.
Mr. Curran stated yes. The second question is reflectivity; solar panels are basically built to absorb sunlight, so there is not a great deal of reflectivity. Studies have been done at airports that are very popular for putting these things in and the reflectivity is about the same as wet grass. It’s not a huge nuisance issue. The third question is screening, there are some houses where there will be fencing that will block that view if that is appropriate. Generally fencing is down at the bottom of the landfill and it is meant to prevent access. We are not too concerned if we have to put the fencing up on top with the exception of landfill concerns as to how deep the fencing can go. Trees are not a good idea. Trees create shade and shade blocks the sun and we are not a fan of that.
Mr. Major stated I believe your reflectors will be facing south.
Mr. Curran stated yes.
Mr. Major stated to the north there are a couple of homes that are elevated. They would love to see trees as opposed to looking out over all those acres of screens.
Mr. Burns stated Bruce do you know if anyone from our development can see it. The ball field lights up our living room but I can’t see the other side.
Mr. Major stated I know that lot one does see the landfill. You would have to ask Ginny.
Mr. Griffin stated we are prohibited in putting trees on the foot print of the landfill.
Mr. Major stated but they could pay to put them on the land owner’s property.
Mr. Griffin stated it is a point for discussion.
Mr. Curran stated we are happy to meet with residents who have concerns about these things.
PUTNAM LAKE PAB – UPDATE
Mr. Burns stated Dede would you like to come up to the mike.
Ms. Dede Lifgren, Park Advisory Board stated I just want to review that I would like to have the winter event that we discussed last time. We received recommendations from Don Rossi about criteria to meet in order to have no liability issues. We have contacted the fire department and we plan on working with them.
Mr. Burns stated there was a discussion whether or not we are going to put the disclaimer on the poster or if we could just put it on the website or a sign. I think they are probably looking to put it on the poster.
Mr. Hogan stated yes, it has to be put on the poster. There will be people not reading the website that will show up.
Ms. Lifgren stated that is going to be on Saturday, February 23, 2013. Our Advisory Board meeting will be on Thursday, February 7th, 2013 and one of the things we will be discussing is scheduling additional meetings every month. I will let you know about that at the next Town Board meeting.
CHARLES COOK
RECYCLING BID – DISCUSSION
Mr. Cook stated the Town was notified recently in a change by our recycling provider that they would start charging us for pick-ups. They would pay us “X” dollars for the materials, but where they were originally not charging us for the pull now they will. We need to rebid and ask for two different bids that cover both the pull aspect and the amount of money we can receive for the goods that get delivered to the recycling vendor.
Mr. Burns stated is that a breach of their contract.
Mr. Griffin stated the contract actually expired. Hudson Bayler has been bought out by a company from North Carolina. They looked at it and said we are losing a fortune on this because they weren’t charging us to pull the materials and they were still paying us for the recyclables. They are still willing to pay us for the recyclables about $16.00 to $17.00 per ton if we sign a minimum one year contract, however, they will no longer be involved in transportation. We will put this out to bid.
Mr. Williams stated the dollars we are talking about don’t warrant a formal bid. They are fairly low. Rather than go out to a formal bid, I would suggest that you get prices for the various services you are looking for and you will be fine. The better way to go is to do a request for proposal rather than a bid which allows you more flexibility in what you are asking. I don’t suggest you go out with two separate bids. You don’t know where your recyclables will be headed so you can’t ask someone to give you a price on pulling them there.
Mr. Griffin stated you’re right. There may be other alternatives that we are not aware of but we need to do something because the contract ran out a long time ago and we are operating without any written agreements with the two entities. We can work the details out during the week and get the RFP’s out.
RECREATION REQUEST(S)
Mr. Cook stated the Recreation Department’s computer crashed. There happens to be a spare here at Town Hall and I believe it has been transferred down there. The question came up on whether or not they should get charged the book value of this particular computer. I would say if we need to purchase a new computer at Town Hall then we should charge the Recreation Department.
Mr. Griffin stated it was a General Fund charge but I don’t see any problem billing back the cost of the computer to the Recreation Center.
Mr. Cook made a motion to bill back the Recreation Center for an amount not to exceed $1,242.01.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
ROBERT MCCARTHY
LAWN BIDS – AUTHORIZE TOWN CLERK TO ADVERTISE
Mr. McCarthy made a motion to authorize the Town Clerk to advertise for seasonal lawn maintenance and landscaping for Town properties and seasonal lawn maintenance for the Putnam Lake Park District 2013 season. Bids will be received at the Town Clerk’s office on February 20, 2013 at 10:00 a.m.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
RE-APPOINT TOWN ASSESSOR
Mr. McCarthy introduced the following Resolution to Reappoint Assessor to Six (6) Year Term of Employment:
R-0113-06
WHEREAS, the Town Board of the Town of Patterson appointed Christopher G. Boryk as Assessor to the Town of Patterson for a six (6) year term commencing on October 1, 2007; and
WHEREAS, the Town Board of the Town of Patterson desires to reappoint Christopher G. Boryk as the Assessor to the Town of Patterson for a new six (6) year term commencing on October 1, 2013 in accordance with Section 24 of the New York State Town Law and Section 310 of the New York State Real Property Tax Law; and
WHEREAS, the Town Board of the Town of Patterson has determined that Christopher G. Boryk is fully qualified to hold the position of Town Assessor.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby reappoints Christopher G. Boryk to the position of Assessor of the Town of Patterson, which position shall commence on October 1, 2013, at his current salary as shall be adjusted from time to time by the Patterson Town Board, and which position shall be subject to the personnel policies of the Town of Patterson; and
BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to execute any and all documents necessary to give effect to this Resolution, consistent with the terms hereof, all in form satisfactory to the Supervisor and the Town Attorney.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
FLOOD DAMAGE PREVENTION – SET PUBLIC HEARING
Mr. McCarthy introduced the following Resolution Introducing Local Law I-1 of 2013 and Providing for Public Notice and Hearing - Flood Damage Prevention:
R-0113-07
BE IT RESOLVED that an amendment to Patterson Town Code Chapter 91, entitled "Flood Damage Prevention”, is hereby introduced by Mr. McCarthy as Introductory Local Law #I-1 of the year 2013 before the Town Board of the Town of Patterson in the County of Putnam and State of New York, and
BE IT FURTHER RESOLVED, that copies of the aforesaid proposed Amendment, which is attached hereto, be laid upon the desk of each member of the Board, and
BE IT FURTHER RESOLVED, that the Town Board will hold a public hearing on said proposed Amendment at the Town Hall, in the Town of Patterson, New York at 7:30 o'clock P.M. on February 13, 2013, and
BE IT FURTHER RESOLVED, that the Town Clerk publish or cause to be published a public notice in the official newspaper of the Town of Patterson of said public hearing at least five (5) days prior thereto.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
DEPARTMENT OF HEALTH NOTICE – E-WASTE
Mr. McCarthy stated WeRecycle has advised the Department of Health that they would no longer be able to provide an e-waste collection service to the County. The DOH is working on an agreement with a different company and hope to have it formalized in the near future. Tonight we were advised that at the present time e-waste at the Patterson Recycling Center will be removed by Regional Computer. They are located in Rochester, New York and the
e-waste will be transported by them to a temporary facility in Buchanan, New York They are building a facility in Yonkers, New York. Putnam County has a verbal contract with this company and they are waiting for a written contract which will be on a yearly renewal basis.
Mr. McCarthy made a motion to add one item to his agenda.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. McCarthy stated the old burying ground on Route 311 across from Brickhouse Road will be the topic of the evening at the Patterson Library on February 6, 2013 at 7:00 p.m. An open discussion will be led by Ron Taylor, President of the Historical Society. Your comments and suggestions will be welcomed. Please join us, your input is valued.
OTHER BUSINESS
Mr. Cook stated we received an email from our consulting engineer relative to an email that they received regarding road icing conditions at Route 311 and Cushman Road. This location has been a long standing problem for the DOT.
Mr. Griffin stated I think our Highway Superintendent is highly capable of addressing the situation without the use of the Town Engineer. I will be more than happy to write the Town Engineer tomorrow to stand out. Water is coming out of that driveway so it is not Cushman.
Mr. Goff stated we fixed it today.
Mr. Griffin stated good, I love common sense.
Mr. Cook stated thank you Russ. Did you get a copy of this.
Mr. Goff stated yes, we wrote them a letter today.
Mr. Burns stated is there an update on the oil spill.
Mr. Griffin stated there was an oil spill back in July 27, 2012 in Putnam Lake on Palmyra Road. The gentleman has been brought to court in Patterson and has been fined $7,000.00. He complained that he couldn’t afford the fine. I spoke to Chris York last week and they are still proceeding. The problem they are having right now is that they haven’t gotten all the bills and information that did the clean up. Until they have all their numbers they are not going to proceed. They think they will be proceeding in the very near future. As far as we know we assume everything has been cleaned up appropriately. The site has been inspected and Rich had a meeting with the DEC today on this which was discussed and everything has been done.
PUBLIC RECOGNITION
Luz Shulgin stated I would like to applaud the Town Board for passing the resolution in opposition of the Hyrdofracking Law. I think that is very important to maintain the responsibilities of the appropriate agencies. Most people I know are highly against hydrofracking, it is still important to have these responsibilities clear. My question to the Board is, we are passing this resolution in opposition in Patterson, what about the other Towns in Putnam County; do you know if they are doing something similar.
Mr. Griffin stated I do not know. I haven’t spoken to any of them in great length. However, we will be providing a copy of the resolution, which was prepared today, to all the other Towns so they will be aware of what we are doing. I think the general sentiment throughout the County is pretty much the same. I don’t think anyone has any interest in using hydrofracking waste for any purpose. We are in agreement that the County is overstepping its authority. They tried this with the Assessors, Tax Collectors and they tried to do a number of other things that we felt were inappropriate for the County to take on. We don’t tell the County how to run their Highway Department or Social Services or anything else. There are duties that are assigned to the Town and duties that are assigned to the County and this is not one that is assigned to the County.
Ms. Shulgin stated so there is time for other Town Boards across the County to do something similar before the next County Legislature meeting.
Mr. Griffin stated the final draft of the resolution didn’t get to the Town Hall until late this afternoon. Tomorrow it will be shared with all the other Towns.
Ms. Shulgin stated thank you.
Mr. Major stated about three months ago the issue of the trains making a lot of noise; back in October the Board indicated that you now have a decibel meter and you were going to do some reading. You also stated that you were going to contact the MTA’s Industrial Hygienist Safety Consultant and I was just curious on how that went.
Mr. Griffin stated we did not hear back from the Industrial Hygienist. Rich did you take the decibel meters.
Mr. Williams stated yes, we have three months worth of data at this point and the whistles are not coming close to what the maximum allowable decibel level is.
Mr. Griffin stated because of the fact that we have had an accident out there in the last five years they won’t consider a quite zone.
Mr. Major stated I understand that.
Mr. Griffin stated unfortunately the residents are fighting a very serious uphill battle.
Mr. Major stated as it relates to recycling, I sent you a letter outlining a series of issues, one concern I raise now is you indicate that the 30 yard dumpsters are somewhere between four and five ton which means if it is five ton we get $80.00 for that material. Several months ago there was a suggestion that because we are making money on our recycling we should put it out to the commercial enterprises for cardboard. Somehow I think now the pulls will be more than $80.00. I think we will go from a positive cash flow for our district to a negative for our district. Maybe we should rethink whether or not we want to add more commercial cardboard vendors to that process.
Mr. Griffin stated we have one individual.
Mr. Major stated so it’s probably not costing us a lot of money.
Mr. Griffin stated no, but you are absolutely right, we are going from a plus to a serious negative. If we sign a one year contract its $17.00 per ton and it’s costing us about $175.00 a pull. It’s not good math.
Mr. Major stated that is a big negative. One last thing, I haven’t heard anything recently on the Master Plan. Is there a chance at the next meeting we can have an update.
Mr. Griffin stated we had a local architect volunteer to work with us. That’s a positive. At some point we need to clear the decks of a few other things before we take this on but it hasn’t been forgotten.
Mr. Major stated I understand. At every meeting we get an update on the Park Advisory Board and I think it is very important but the heavy mechanics that you had last year are over and done with going through the addresses and name verifications. The other thing is the issue was raised in reference to RFP’s for the Town Engineer and I was wondering do you plan on putting out RFP’s.
Mr. Griffin stated yes, later in the year. We gave them an annual appointment and we should be receiving the contract from the Town Attorney any day now and we basically appointed them for a year so sometime in the fall we will start the process all over again.
Mr. Major stated it is a shame we have to wait that long. Thank you.
Mr. Griffin stated with all due respect we throttled these guys back down big time. There are very few projects with the Planning Board. Rich is handling a lot of the reviews. There are very few commercial projects or projects that the engineers need to inspect. Most of that comes through posting of bonds. Right now we don’t have any major projects on the horizon for the engineers so I don’t think our costs for the engineers are going to be exorbitant. I think we will be fine this year.
Mr. Major stated one would hope so. One of my concerns is that you have in that contract the issue of setting a level as to anything above a certain level it has to go out to bid. I have raised that issue many times in the past about little things we put out to bid and big things we don’t. I think we spent excessive, $14,000.00 on a sewer extension for the library and the Benfield building and that has been (inaudible). If you see what is going on in the Town of Southeast right now you have folks with a water district where an engineer built a Maserati when a Buick would have been fine. You have people quite possibly losing their homes because they can’t afford $3,000.00 to $4,000.00 a year for their water. My concern is that we move forward on these issues.
ADJOURNMENT
There being no further business, Mr. Burns made a motion to adjourn the Town Board meeting at 8:45 p.m.
Seconded by Mr. Cook. All in favor: Aye. Carried.
Respectfully Submitted,
__________________________
Antoinette Kopeck, Town Clerk