PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NEW YORK 12563
FEBRUARY 8, 2012
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
KEVIN BURNS, COUNCILMAN
CHARLES W. COOK, DEPUTY SUPERVISOR
ROBERT MCCARTHY, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
JAY HOGAN, TOWN COUNSEL
ANTOINETTE KOPECK, TOWN CLERK
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 11 in attendance.
REPORTS
Mr. Griffin asked the clerk to file the reports as read.
Code Compliance - January
Code Enforcement - January
Dog Control Officer - January
E.C.I. - January
Putnam Lake Fire Dept. - None
Patterson Fire Dept.-None
MINUTES
Mrs. Nacerino made a motion to approve the following minutes:
Public Hearing - Putnam Lake Park District - January 18, 2012
Town Board Meeting Minutes - January 11, 2012
Town Board Meeting Minutes - January 25, 2012
Seconded by Mr. Burns. All In Favor: Aye. Carried.
AUDIT OF BILLS
Mrs. Nacerino made a motion to accept Abstract No. 2 as written:
General Fund $114,766.94, Highway Fund $32,118.69, Waste Water Treatment Plant $10,878.72, Putnam Lake Light District $1,495.73, Patterson Light District $41.94, Putnam Lake Refuse District #1 $20,454.55, Patterson Refuse District #2 $31,939.86, Deerwood Drainage District $17.79. Patterson Park District $470.82, Alpine Water District $369.59, Dorset Hollow Water District $869.16, Fox Run Water District $4,587.21, Trust & Agency $18,085.28, Grand Total Abstract $236,096.28.
Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.
ROBERT MCCARTHY
GETTY PETROLEUM MARKING, INC. – TAX CERTIORARI
Mr. McCarthy introduced the following Resolution for the Getty Petroleum Marketing, Inc. #574 Tax Certiorari:
R-0212-01
WHEREAS, tax certiorari proceedings were brought on behalf of Getty Petroleum Marketing, Inc. #574 for the years 2004 through 2011 affecting the parcel designated as Section 4.10, Block 1, Lot 6 in the Town of Patterson; and
WHEREAS, Getty Petroleum Marketing, Inc. #574 has agreed to withdraw the tax certiorari proceedings in accordance with the attached Stipulation of Discontinuance prepared by Koeppel Martone & Leistman, LLP, attorneys for Petitioner; and
WHEREAS, the Town Board of the Town of Patterson wishes to authorize its counsel, Timothy J. Curtiss, Esq., to sign said Stipulation of Discontinuance on behalf of the Town of Patterson; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes its counsel, Timothy J. Curtiss, Esq., to sign the Stipulation of Discontinuance on behalf of the Town of Patterson; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
REILLY REQUEST ZONING CHANGE-SET PUBLIC HEARING
Mr. Robert McCarthy introduced the following Resolution Introducing Local Law I-1 and Providing for Public Notice and Hearing-Zoning:
R-0212-02
BE IT RESOLVED that an amendment to Patterson Town Code Chapter 154, entitled "Zoning”, is hereby introduced Mr. Robert McCarthy as Introductory Local Law #I-1 of the year 2012 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 March 14, 2012, 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 Mrs. Nacerino. All In Favor: Aye. Carried.
MICHAEL GRIFFIN
FrOGS REQUEST – NAWCA GRANT/CONSERVATION EASEMENT
Mr. Griffin stated Dr. Utter is here tonight. Jim would you like to address the Board on this tonight.
Mr. Jim Utter stated Friends of the Great Swamp is partnering with about 18 to 20 groups now for North American Wetlands Conservation NAWCA grant that would provide federal money for protecting habitat in the Great Swamp. We finished a project a year or so ago from a NAWCA project (inaudible) and we protected over 1,000 acres of land with that project. We are asking the Board to agree to go in as a partner with us in pursuing this grant and trying to protect some more habitat. The Great Swamp is such an important resource for us and most of it when we started is private ownership, which meant limited access for most people and no real opportunity. This kind of grant opportunity is a really big help in terms of trying to protect the longevity of this tremendous resource. It will be a big help to have the Town as a partner.
Mr. Griffin stated we have partnered in the past on several of the projects and there is no expense generally associated. There is no out of pocket money other than Rich William’s time and perhaps a little bit of the Town Attorney’s time.
Mr. Griffin made a motion if the Board agrees to go ahead and partner with the Friends of the Great Swamp for this NAWCA grant.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Utter stated thank you.
ZBA COURT RULING – APPEAL
Mr. Griffin stated Counselor I have spoken to Don regarding this and I asked him to make sure that he filed a notice of appeal in a timely fashion.
Mr. Hogan stated it has been filed.
Mr. Griffin stated and also if he had some idea generically and we won’t hold you to it, but a general idea of what the potential cost of this appeal might be.
Mr. Hogan stated I thought it was more that you wanted to discuss the merits of it which we would have to do in Executive Session.
Mr. Griffin made a motion to defer this to Executive Session and without objection Mrs. Nacerino we can do this under your Legal Executive Session as per Counsel’s advice.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
MS4 – UPDATE
Mr. Griffin stated there was a lawsuit filed by the National Resource Defense Council and a consortium of other environmental groups that sued New York State D.E.C. and actually wound up winning. They had some objections to New York State’s permit process and there will be some alternations that need to be made. The State has already changed some of the rules of the game again. I just want to keep the Board posted. There will be a new permit requirement issued by the State at which point that it would behoove us to consider possible legal challenge or at least being much more actively involved in the development or issuance of the permit than we were the last time. A lot of people didn’t understand the impact of MS-4 or the extent of the cost and how difficult the projects program is going to be or how expensive. With this lawsuit it will only get more expensive.
GINNY NACERINO
HIGHWAY REQUEST – ADVERTISE FOR BIDS
Mrs. Nacerino made a motion to authorize the Town Clerk to advertise for the Highway Department bids for Wednesday, March 7th at 2:00 p.m.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
Mrs. Nacerino stated I have a memo from the Putnam Lake Fire Department and I would like to read it into the record:
Dear Mr. Griffin:
I would like to request the Patterson Town Highway Department take over our snow removal for this upcoming winter. The department would like the Town to plow the apparatus space during the storm and would like to have them remove the snow from the side parking lot and the fuel lane on the right side of the building after the storm. We understand that this might be a slight burden on the Town workers but it would help us both monetarily and it would give us the ability to respond more quickly. I know the snow removal helps the Patterson Fire Department a great deal. Please take this request into consideration. This will help us a great deal. If you have any questions, please feel free to contact me. Thank you, Robert Shultz, President of the Putnam Lake Fire Department.
Mrs. Nacerino stated I had a conversation with Russ Goff, Highway Superintendent regarding this memo and he in turn had a conversation with Chief Gagliardi who is present this evening. Chief Gagliardi does understand that there are adverse conditions when plowing, but the Highway Department is willing to plow. There might not be a perfect plow job here because of the conditions that they would have to deal with and that you are aware of that, correct.
Mr. Gagliardi stated yes.
Mrs. Nacerino made a motion based on Russ Goff’s recommendation to approve the Highway Department to plow for the Putnam Lake Fire Department as well as the Patterson Highway Department.
Seconded by Mr. McCarthy.
Mr. Burns stated discussion. Did we allocate in the Fire Department budget for snow removal.
Everyone speaking at once, unable to transcribe.
Mrs. Nacerino stated but if we extend the courtesy to one Fire Department it’s only right to extend it to both.
All In Favor: Aye. Carried.
RECREATION REQUEST(S)
Mrs. Nacerino made a motion to approve the waiving of the room rental fee for exchange of her services to the community on Tuesday, February 28, 2012 at 7:00 p.m. for a workshop exploring the effects of sugar in the body.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mrs. Nacerino made a motion to approve three hours of pay for Denise Opromolla for completing mandatory training on January 2, 2012 required by New York State Office of Children and Family Services in regard to our kindergarten enrichment program.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
Mrs. Nacerino stated I would respectfully like to defer my Executive Session until the end of the meeting for Personnel.
KEVIN BURNS
AUCTIONS INTERNATIONAL-AWARD BIDS(S)
Mr. Burns introduced the following Resolution for Sale of Highway Department Auction Items:
R-0212-03
WHEREAS, the Town Highway Department has offered various items for sale at auction through Auctions International, Inc.; and
WHEREAS, the Town Highway Superintendent has recommended the acceptance of bids on said items as described in a certain e-mail from Auctions International dated February 7, 2012, a copy of which is annexed hereto;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the sale of the items at the prices therefore as set forth in the annexed e-mail; and
BE IT FURTHER RESOLVED, that the Town Highway Superintendent and the Town Supervisor are hereby authorized to execute any and all documents and perform any and all acts as may be necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
CONFERENCE REQUEST
Mr. Burns made a motion to approve one conference request as submitted.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
CHARLES COOK
ASSEMBLYMAN KATZ’S MEMO – CHIPS FUNDING
Mr. Cook stated I have a letter from Steve Katz regarding Consolidated Highway Improvement Programs. That is the funding for various highway activity within the Town. Basically what the Assemblyman is saying is that there is $105,000.00 set aside in the State budget for funds that need to be used for capital purposes and they are on a reimbursement basis. We can get approval in-house first to do whatever capital projects will fall under the various guidelines of CHIPS and we do the work, we submit the bills and we get reimbursed up to $105,000.00.
Mr. Burns stated is there an opportunity to use that for traffic lights at Route 84 and Route 311.
Mr. Griffin stated it’s a State road so I don’t think we can be applying our CHIPS money to State roads. I’m not sure the Highway Superintendent would want to give up his CHIPS money for an improvement like that. I would say off the top of my head, no.
Mr. Burns stated so it has to be a County.
Mr. Griffin stated Town, it is generally used for paving.
NY-ALERT NOTIFICATION
Mr. Cook stated this is offered by the State to anyone who wishes to be notified relative to emergency happenings in a particular area. More information is on nyalert.gov and there are copies of this pamphlet downstairs in the entrance way to the building. The cool thing about this is that if you sign up and you want to be notified of road closings or accidents or whatever that might be in a particular area, you can define it for the New York State Alert Program. You can say “I just want to get notices in the Town of Patterson” or all of Putnam County or maybe you have a sick relative that you visit up in Albany three times a week and you can tailor it to what you want and you can receive these notices by email, voice mail, by telephone or text messages or all of the above. Any combination you want. They will also define the time of day you want to receive these notices.
OTHER BUSINESS
Mr. Cook stated just to remind everyone that the Senior Lunch is next week on February 15th at 12:00 p.m. to 3:00 p.m. Bring your sweetheart.
Mr. Cook stated the Recreation Department is having a winter camp of grades K-8 from Monday, February 20th to Friday, February 24th, 2012. The forms are at the Recreation Center.
Mr. Cook stated I would like to ask the Supervisor if he would be so kind to formally invite in some of our colleagues from the other Government areas such as Mary Conklin, Mr. Katz, Greg Ball, Reverend Maxwell and not all at the same meeting. Have them come in one at a time and give us an update on what they are doing, how it impacts Patterson.
Mrs. Nacerino stated I think they are in session now until June so I don’t know if it is feasible for them to come in at this time of the year but probably at a later date.
Mr. Cook stated I think we should ask and let them come back to us and tell us they are too busy. I think it is worth asking.
Mr. Griffin stated as you wish.
Mr. McCarthy stated now that football is over and the Giants won, our Recreation Center also has football on Sunday’s. We have nine different games and they are pretty exciting. It’s an indoor flag football season. It is doing very well over there. Come to the Recreation Center on Sunday’s from 9:00 a.m. to 6:00 p.m.
Mrs. Nacerino stated all their programs are listed on the website as well.
Mrs. Nacerino read her Environmental Tip.
PUBLIC RECOGNITION
Mr. Rich Williams stated regarding the ZBA decision that was challenged in court, I would like to share with the Board whether you agree or disagree that she deserved the variance the decision that was made by the Supreme Court I think is an absolutely horrendous one and has some very far reaching adverse impacts to this Town should it be left to stand. I would absolutely encourage the Board to vigorously defend this lawsuit down in Brooklyn. I think it is a real problem for the Town.
Mr. Griffin stated I think it’s a problem for a lot more than the Town of Patterson if it is left to stand.
Mr. Burns stated did we get a copy of the decision, I haven’t seen it.
Mr. Hogan stated I will get you a copy.
Mr. Bruce Major stated Mike you spoke about the recycling and garbage at the last meeting for District No. 2. What is the ratio that is expected because you indicated that the numbers were good however, you are going to send out some enforcement in reference to people who aren’t cooperating with the program. Is there a specific ratio that the State or the County is looking for.
Mr. Griffin stated pretty much 100%.
Mr. Major stated I know that is not realistic.
Mr. Griffin stated it isn’t. We would like to get as close as we can for several reasons. Primarily getting the most amount of waste we can get out of the waste stream reduces our tipping costs, which is the single biggest expense besides Personnel. We are paying about $92.00 per ton. We are sending anywhere between three to seven tons of recyclables per month. We would like to get that up to twelve to fourteen. We are getting about $17.00 a ton for recyclables.
Mr. Major stated as it relates to District No. 1 how is their ratio and are they complying.
Mr. Griffin stated we don’t get that information right now. I could certainly ask the contractor if they even bother to check. Most of the time the private guys just pick up what is out there and it goes in the truck. They don’t separate it and there is no enforcement that I am aware of.
Mr. Major stated how does the Town meet its goals if we don’t know what is happening in District No.1.
Mr. Griffin stated basically our goal from the State of New York is to have an aggressive recycling program and to do the best we can. We turn in reports and the County requires the private haulers to submit reports. Basically that is how we quantify what we have and what we do.
Mr. Burns stated does District No. 1 go into our numbers or the haulers numbers.
Mr. Griffin stated there is no specific minimum requirement that the Town of Patterson remove 50,000 tons a year, it’s not the way the recycling program is structured. The State is basically asking you to make your best effort. There is a recycling law on the books that says you shall, you will, you must and the enforcement is left to the Town. As long as we have a recycling program in place and we are making some sort of effort the State is satisfied with that as a rule.
Mr. Major stated you have indicated that you were going to have the Code Enforcement Officer visit District No. 2, why wouldn’t you also have him visit District No. 1. If the people aren’t complying in District No. 2, I guess they receive warnings and violations, shouldn’t all of us share the same pain. If someone in District No. 1 decides that they don’t want to recycle why should someone in District 2 be penalized and someone in District No. 1
Not be penalized.
Mr. Griffin stated basically the way we do things in District No. 2 is the garbage men are identifying the people that aren’t recycling. We don’t have that same arrangement with the private hauler in Putnam Lake.
Mr. Major stated now you are getting a list of residents from the garbage District No. 2 employees. Before they turn that list over to the enforcer are they first coming to the Town Clerk to see if Bruce Major has a recycling permit, because maybe Bruce Major takes it to the Recycling Center as opposed to curbside.
Mr. Griffin stated the garbage men are going to pick up your garbage bag and if it goes clank clank or crinkle crinkle they are going to know there is recycling in there. These guys are highly trained professionals. We are not going after anyone unless you have recyclables in your garbage.
Mrs. Nacerino stated we just don’t want you to co-mingle it with the regular trash. If you are not putting it out that is not an admission that you are not following the law. The fact is if you co-mingle it with your wet trash then you are in violation and that is what they will be able to identify.
Mrs. Marianne O’Connor stated I just wanted to address the issue of our garbage. We do get garbage picked up in two ways. One part of it is recyclable and the other part is real garbage and they will not take something that does not look like it’s the right thing. They will leave it there. I think while they are not addressing each person, they are certainly giving you a message if your garbage is left at the street.
Mr. Griffin stated I know they don’t take sticks and leaves and things of that sort.
Mr. Edmond O’Connor stated I read articles on how various Town’s do it and the one that I found the most interesting and probably the least objectionable is that every once in awhile they would pick someone at random and give it a thorough look through and if it was perfect they gave them dinner for two and if it wasn’t perfect they left a note saying you missed out on a dinner for two. It would be in the paper so people would see it and say I am going to do better next time.
Mr. Dario Gustino stated I am a resident of Putnam Valley, Putnam County and I wanted to comment on Councilman Cook’s issue that he brought up regarding (inaudible) District. By the way, I have to tell you I have been to many Town Hall meetings and this is probably one of the best ones I have seen. I am running for New York State Assembly and it has been a very contentious time for me trying to understand what my District looks like and where it is I am going to run. I will definitely be here when your meeting will take place if it actually happens. All I can tell you is that from what I have learned, the Governor is currently threatening to veto the current proposed maps. Therefore, it is leaving people like me, people in essence are very unhappy with the way things are going in the State, that are trying to make a difference and it is leaving me in a situation of uncertainty. I don’t know whether I am running in this District or that District. My Town of Putnam Valley used to be in a District that was together with portions of lower Westchester and it since has been moved out of that District and placed in a District that is currently an incumbent Republican. I am a Conservative Republican and I am running on that ticket.
EXECUTIVE SESSION
There being no further business, Mr. Griffin made a motion to go into Executive Session at 8:15 p.m.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mrs. Nacerino made a motion to close Executive Session at 9:25 p.m.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at 9:25 p.m.
ADJOURNMENT
There being no further business, Mr. Burns made a motion to adjourn the Town Board meeting at 9:25 p.m.
Seconded by Mr. McCarthy. All in favor. Aye. Carried.
Respectfully Submitted,
__________________________
Antoinette Kopeck, Town Clerk