PATTERSON TOWN BOARD MEETING PATTERSON TOWN HALL 1142 ROUTE 311 PATTERSON, NY 12563 February 13, 2013
AGENDA
1. SALUTE TO THE FLAG & ROLL CALL 2. PUBLIC HEARING - FLOOD DAMAGE PREVENTION 3. REPORTS a. Code Compliance - January b. Code Enforcement - December, January c. Dog Control Officer - January d. E.C.I.- January e. Putnam Lake Fire Dept.-None f. Patterson Fire Dept.-None 4. SUPERVISOR REPORTS - November, December, January 5. MINUTES a. Town Board Meeting Minutes - January 16, 2013 b. Town Board Meeting Minutes - January 30, 2013 - TABLED 6. AUDIT OF BILL 7. KEVIN BURNS a. Recreation Request(s) b. Formation of Committee for Master Plan c. PLAB/Winter Festival Update d. Blue and Gold Dinner - Crossing Over Ceremony 8. CHARLES COOK a. MPES - Letter of Appreciation b. Proposed Change of Town Board Meeting Time c. Paddock View Estates - Bond Reduction 9. ROBERT MCCARTHY a. Patterson Community Church Request -Waiver of Park Fees b. NRA Realty Driveway - Set Escrow 10. MICHAEL GRIFFIN a. Landfill Solar Panel - Update b. Assessor’s Memo - Inclement Weather c. Request for DAR Patriot Marker d. MS-4 Audit – Update e. Adoption of Local Law No. 1 – Flood Damage Prevention f. Conference Room File Cabinet Request 11. OTHER BUSINESS 12. PUBLIC RECOGNITION 13. ADJOURNMENT
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NEW YORK 12563
February 13, 2013
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
KEVIN BURNS, COUNCILMAN
CHARLES W. COOK, DEPUTY SUPERVISOR
ROBERT MCCARTHY, COUNCILMAN
ANTOINETTE KOPECK, TOWN CLERK
DONALD M. ROSSI, 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 20 in attendance.
PUBLIC HEARING – FLOOD DAMAGE PREVENTION
See Public Hearing Minutes
REPORTS
Mr. Griffin asked the clerk to file the reports as read.
Code Compliance – January
Code Enforcement – December, January
Dog Control Officer - January
E.C.I. - January
Putnam Lake Fire Dept. - None
Patterson Fire Dept.-None
SUPERVISOR REPORTS
Mr. Cook made a motion to approve the Supervisor’s Report for November 2012, December 2012 and January 2013.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
MINUTES
Mr. Cook made a motion to approve the following minutes:
Town Board Meeting Minutes – January 16, 2013
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. Cook tabled the Town Board meeting minutes for January 30, 2013 since he has yet to read them.
AUDIT OF BILLS
Mr. Cook made a motion to accept Abstract No. 2 as written:
General Fund $95,284.14, Highway Fund $103,146.05, Putnam Lake Fire District -$1,183.00, Patterson Fire District $9,319.50, Waste Water Treatment Plant $5,666.91, Patterson Light District $17.80, Putnam Lake Refuse District #1 $20,454.55, Patterson Refuse District #2 $8,555.63, Deerwood Drainage District $0.38, Patterson Park District $81.41, Putnam Lake Park District $790.10, Alpine Water District $547.16, Dorset Hollow Water District $168.75, Fox Run Water District $227.50, Grand Total Abstract $243,076.88.
Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mr. Griffin, yes.
RECREATION REQUEST(S)
Mr. Burns made a motion to approve 200 10” basketball trophies and 215 10” flag football trophies for a sum not to exceed $1,971.25 from Crown Trophies. Three bids were obtained.
Seconded by Mr. McCarthy. All In Favor: Aye. Carried.
FORMATION OF COMMITTEE FOR MASTER PLAN
Mr. Burns stated as many of you may recall, we did a survey on the update of the Master Plan. It was last updated approximately 12 years ago. We made reference to it when we had the issue with the racetrack that was going to go in and it was helpful in addressing those issues. We felt it would be beneficial to the Town to update. Unfortunately, our neighbors in Dutchess County recently updated the Master Plan and they hired an outside consultant to do it. They did a fabulous job but it was very expensive. Since funds are an issue every year in our budget, it seemed like the best way to proceed would be to form a preliminary committee of Town residents to study the responses that were received, look at the plan and maybe sit down with the Zoning and Planning Board and talk about a smaller scale revision to our Master Plan and how we would go about that and possibly budget for it this year. I would ask for the Board’s permission to advertise for anyone to submit a resume to the committee but I would like to know the Board’s thoughts on how many people we should have.
Mr. Griffin stated I think in the past it was five to seven members.
Mr. Burns stated do you want to go with five. I know we have one person who is interested.
With the Boards permission I would ask that we advertise for submission of resumes or letters of people who are interested.
PLAB/WINTER FESTIVAL UPDATE
Mr. Burns stated I attended the Putnam Lake Advisory Board meeting which was held last Thursday in Putnam Lake. Several issues were discussed. There is a soft ball league that meets on Sunday mornings and a number of players came out and were concerned about being able to continue in that league. The property where the games are played is considered Town property. We will have to modify how the program is administered. The Board is committed to allowing that league to use the field.
Another issue is there is concern about a legal issue being charged back to the Putnam Lake District as a result of the formation of the local law and study of the petitions and other issues. I think the bills were $28,000.00. The Town Planner reviewed the legal bills and the Supervisor met with the Comptroller and it would be reasonable to reduce the bills about $8,604.00. This would be amortized over 10 years so it would be reduced to a little less than $20,000.00.
Mr. Burns made a motion to reduce the fees being charged back by $8,604.00 and have them paid out of General Fund.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
Mr. Burns stated the Putnam Lake Community is having a gathering on Saturday, February 23, 2013. The Town Board and members of the community are invited. It is being held from 1:00 p.m. to 4:00 p.m. Weather permitting there will be ice skating, activities for children and hot chocolate. They are asking if you would like to bring a cold appetizer, desert or snack you can. The next meeting is the first Thursday of the month and it was very well attended.
BLUE AND GOLD DINNER – CROSSING OVER CEREMONY
Mr. Burns stated the Town Board attended the Blue and Gold Crossing Over Ceremony from Webelos to Boy Scouts and we provided them with certificates. Thank you for inviting us, we had a great time.
CHARLES COOK
MPES – LETTER OF APPRECIATION
Mr. Cook stated the Matt Chibbaro, Recreation Director and the Recreation Department received a very nice letter from Mathew Paterson Elementary School PTO thanking Matt and his staff for their assistance in regard to the National Circus Project that the school put on. Kudos to Matt and his staff.
PROPOSED CHANGE OF TOWN BOARD MEETING TIME
Mr. Cook stated in one of my many trips to Town Hall one of us brought up the time we start these meetings. We bounced around starting the meeting at 7:00 p.m. instead of 7:30 p.m. Tonight it is just a matter of mentioning it to our colleagues and the public for them to think about this. We will bring this up again.
Mr. Griffin stated I’m fine with starting it at 7:00 p.m. I know there are people who are getting home from work but if anyone has any comments we would appreciate it. Feel free to email us and let us know what you think.
PADDOCK VIEW ESTATES – BOND REDUCTION
Mr. Cook introduced the following Resolution for the Reduction of the Performance Bond for the Paddock View Estates Subdivision:
R-0213-01
WHEREAS, the Patterson Development Corp. own a parcel of land at 14 Route 292 identified as Tax Map No(s).3.19-1-4, 3.19-1-5 and 3.15-1-2. and
WHEREAS, the Town Board of Town of Patterson established a performance bond in the amount of $605,000.00 in order to ensure the construction of various improvements, as shown on a set of drawings entitled Paddock View Estates Subdivision prepared by Daniel J. Donahue, P.E. and Link Land Surveyors, P.C.; and
WHEREAS, the Town Board of the Town of Patterson, upon recommendation of the Planning Board, did on December 12, 2012 reduced the amount of the performance Board for the Paddock View Estates Subdivision to $370,592.80; and
WHEREAS, the Project Owner has completed additional improvements in furtherance of the subdivision and has requested a further reduction in the amount of the performance bond held by the Town of Patterson, and
WHEREAS, a motion was made and carried by the Patterson Planning Board at its February 7, 2013 meeting recommending that, after review by the Town Engineer and based on the amount of additional site improvements completed, the Town Board of the Town of Patterson reduce the cost of the bond necessary to cover the site improvements from $370,529.79 to $150,197.90, and
WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation made by the Patterson Planning Board;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby directs that the performance bond posted for the Paddock View Estates Subdivision in the amount of $370,529.79 is reduced to $150,197.90, and
BE IT FURTHER RESOLVED, that the bond posted for the project for the reduced amount be subject to prior approval by the Town Attorneys, HOGAN & ROSSI, as to sufficiency and form.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
ROBERT MCCARTHY
PATTERSON COMMUNITY CHURCH REQUEST – WAIVER OF PARK FEES
Mr. McCarthy stated this topic needs to be tabled until we discuss this with the Park Advisory Board.
NRA REALTY DRIVEWAY – SET ESCROW
Mr. McCarthy made a motion to approve an escrow account of $1,200.00 for NRA Realty Driveway.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
Mr. Cook stated Rich the Planning Board, Engineer and yourself are fully comfortable with replacing the guiderails with these boulders.
Mr. Williams stated let me just cut to the chase and simply say the Planning Board approved the change.
MICHAEL GRIFFIN
LANDFILL SOLAR PANEL - UPDATE
Mr. Griffin stated this comes in two parts. Part one is that the Town Planner was contacted by the County and I spoke to Legislature Nacerino and the County is interested in working with the Town, sharing information and all the things that would go with moving forward with this project. Since the County moves slow it may be a little longer than we thought but we will do the research and get information and see where we come out. The Town Planner was also approached by another company that offered us a second proposal. It was a little bereft of information so we are going to have to consider that. Apparently there are a number of other Town’s that have done these projects through RFP’s. I wasn’t aware that solar panels in the manufacturing process generated as much hazardous waste as they do and 25 year old solar panels will eventually become our property and our responsibility to dispose of. I think we need to be sure they aren’t going to have to be treated as hazardous waste because that could negate a lot of penny savings.
ASSESSOR’S MEMO – INCLEMENT WEATHER
Mr. Griffin stated you all have the memo from Chris Boryk. In the event of inclement weather he would like to allow his staff to work from home. Prior to pending storms they will be able to take home work. This would be until May 1st. I had some thoughts I was going to put into a memo but due to a number of problems that came up, I didn’t get to finish it.
Mr. Williams stated certainly I recognize that the Assessor is under a time crunch right now to get the role done. Similar to the Planning Department we have a number of time crunch related issues that need to be done. I would love to have the same courtesy extended to us where I can send the girls home with work to do.
Mr. Griffin stated some offices can do it and some can’t. We have to look at this from both directions as to what is reasonable. I will try and get my memo out to you in the next couple of days. I would appreciate your feedback.
REQUEST FOR DAR PATRIOT MARKER
Mr. Griffin stated the Enoch Crosby Chapter, NSDAR would like to place a DAR, Daughters of the American Revolution marker on a grave of Revolutionary War Veteran Joshua Griffeth who is buried in the Old Revolutionary Cemetery on Route 311. This metal marker signifies that he is a veteran and that he is the patriot of a DAR daughter who descends from this. The National Society Daughters of the American Revolution requires that written permission be obtained from the owner of the cemetery where the marker will be placed and by default the Town is owner. If the Board has no objection, I would be happy to send that letter to DAR granting permission.
MS4 AUDIT – UPDATE
Mr. Griffin stated every five years we have an audit. One of the issues raised was that we hadn’t received an attorney’s opinion on our Town of Patterson Sewer Use Law. The Town Attorney reviewed the Law and issued an opinion. It was a favorable audit.
Mr. Williams stated there was a lot of nit picking that we could do a little bit better and we will clean them up. Two issues that came up was they wanted to see facilities plans for every one of our facilities. We are going to have to start working on that. However, that is not a requirement of the permit. That was something she felt should be in our plan but there is nothing in the permit that requires a facility plan.
Mr. Griffin stated Russ they want you trained on recognizing and identifying illicit discharges. I just got notification that you will have to do chemical training and new MSDS sheets, etc.
ADOPTION OF LOCAL LAW NO. 1 – FLOOD DAMAGE PREVENTION
Mr. Griffin introduced the following Resolution of Adoption Local Law No. 1 of 2013 - Flood Damage Prevention:
R-0213-02
WHEREAS, an amendment to Patterson Town Code Chapter 91, entitled "Flood Damage Prevention", has been introduced before the Town Board of the Town of Patterson, as Local Law I-1 of 2013, and
WHEREAS, a public hearing was held on February 13, 2013, upon notice duly published and posted, and
WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and
WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 91, entitled "Flood Damage Prevention", which amendment will revise Chapter 91 to comply with the floodplain management requirements of the National Flood Insurance Program, and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes an UNLISTED ACTION, and
WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the local law entitled “Flood Damage Prevention” as well as other supporting documentation for the project,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:
1. The proposed local law will not create a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.
2. The proposed local law will not create a substantial increase in potential for erosion, flooding, leaching or drainage problems.
3. The proposed local law will not create a substantial increase in traffic or the use of existing infrastructure.
4. The proposed local law will not create a removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
5. The proposed local law will not create a significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources
6. The proposed local law will not create a significant impairment of existing community or neighborhood character.
FURTHER BE IT RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination.
AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 91, entitled "Flood Damage Prevention” in the form and manner as provided below, which amendment will revise Chapter 91 to comply with the floodplain management requirements of the National Flood Insurance Program, and
BE IT FURTHER RESOLVED, that Introductory Local Law I-1 of 2013 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 1 of 2013 of the Town of Patterson, and
BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
CONFERENCE ROOM FILE CABINET REQUEST
Mr. Griffin made a motion to approve a non-bid procurement to buy a five draw file cabinet for an amount not to exceed $900.00.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
OTHER BUSINESS
Mr. Cook stated we received from our videographer ten DVD’s of the Town Board meetings. The meeting is also put on line. I don’t know about anyone else but I don’t need a DVD. I think if one goes to the Town Clerk’s office that would be fine and one goes to Comcast.
Mrs. Antoinette Kopeck stated the library gets one too.
Mr. Cook stated we can cut this down from ten to two. It would save time and money.
Mr. Griffin stated the prior Town Board made an issue that everyone get a DVD so they could review it. I agree with you Charlie. Sue keeps one copy and so does Antoinette.
Mr. McCarthy stated I arrived at the Recreation Center at 9:30 a.m. this Sunday and no one showed up to shovel the walkways. We had football going on and it was a wreck. It’s not the Highway Department it is our contractor that did not shovel the snow. The Recreation Center is open on Sunday and there were 200 kids there and there hadn’t been any snow removed.
Mr. Burns stated the sidewalks weren’t done either. I also heard his truck broke down.
Mr. Griffin stated the contract right now is 72 hours and we talked about reducing that. He has been talked to about the buildings and has been made aware of the schedule so hopefully it won’t happen again. He knows Town Hall doesn’t have to be shoveled out until Monday morning. I have an issue about what he put on the sidewalks here and the amount of it. I know Paul spoke to him. I would like to commend Russ and his guys for doing an outstanding job.
PUBLIC RECOGNITION
Ms. Pat Ploeger stated the Historical Society has been going through some determination about the best way to store our archives because we have become aware that disks are not permanent. They can deteriorate and you will lose all your information. I don’t know if the Town has looked into storing it in a cloud or any other form of saving. I know you have hard copies but if that is necessary you may want to look into that. The Historical Society also thanks you for the approval of the DAR marker even though it wasn’t our effort it was the DAR’s effort.
Ms. Ploeger stated Kevin when you invited the community to the Winter Fest, did you mean the entire Patterson Community.
Mr. Burns stated yes. Is that a concern.
Ms. Ploeger stated I believe the activities there are for the Putnam Lake Park District members but then again, I don’t run the show. I was just curious.
Ms. Meg Cairney stated my question is about the Park Advisory Board and I was under the impression that there was supposed to be a seven member Board. I think it was back in November, I’m not exactly sure when the people were listed. You listed five and then it was two were going to be until after the papers were signed because it was a conflict of interest. I’m assuming those two people were Pat Ploeger and myself. We were on the interim committee all summer long and here it is February and we haven’t heard anything and I’m curious as to why.
Mr. Griffin stated at the moment primarily because at the request of the Park Advisory Board we were asked not to make anymore appointments for the time being.
Ms. Cairney stated when we did the rules and regs it was decided it would be a seven member Board.
Mr. Griffin stated right, but we also said repeatedly that the Town Board would respect the requests, opinions and the position of the Park Advisory Board. For the moment they have asked that we leave the Board as a five member Board because there is a tremendous amount of work to get done and they are comfortable with the way the Board is working together right now and we said we would respect their request. At this moment, we are respecting their request.
Ms. Cairney stated when Bill Sutton stepped down, I’m curious why Pat wasn’t put into that spot being that she was one of the original people. Why did you then go to somebody else.
Mr. Griffin stated again, basically once the Board was formed we had said we would respect their requests and their advice. They said they wanted to consider all their options for Board Members and that is where we are. We put them in places in Advisory Board and promised to follow the recommendations to the best of our ability and most of the time the only issues we would raise with them would be ones of liability and finances. At this particular time we are following what has been asked of us.
Ms. Cairney stated ok, that’s fine but I do have one concern. Kevin was at the meeting the other night, I think it was a terrific turn-out, but then on Friday one of the people from the Advisory Board did a posting and I would like to read that to you.
Mr. Burns stated posted to what.
Ms. Cairney stated onto the Putnam Lake Yahoo site.
Audience Member stated it is a private message board.
Mr. Burns stated there is not a place to post on the Putnam Lake Advisory Board.
Ms. Cairney stated no, just on the Yahoo site.
What a charming display of thuggary and bullying from the soft ball league last night. As it turned out the representations that were made “differ entirely from what had been previously represented” make it a much simpler proposition to maintain the league with only ministerial changes in my personal opinion. I have begun the discussions of the soft ball league status under the new Town Law with the opinion that things should be kept as they have been. Thereby letting the community inform the Advisory Board of any changes that needed to be considered, but after last night’s display by the soft ball league members, I am much less inclined to support any requests by them. I certainly wouldn’t want to be responsible for allowing this group of rude bullies the privilege of occupying a public space like the ball field so close to the homes of decent people. If they can’t even attend a public meeting and refrain from profanity, I can only imagine the kind of behavior they exhibit towards their fellow residents in public. Just my personal opinion, not worth anything at all, Drew.
Ms. Cairney stated my concern is these people are taxpayer’s. This is not a privilege to use this space. They pay taxes for it, not only that but they pay money into a league to be in a ball field. I’m sorry, I really think this is outrageous.
Mr. Burns stated that’s why we have Public Recognition.
ADJOURNMENT
There being no further business, Mr. Cook made a motion to adjourn the Town Board meeting at 8:15 p.m.
Seconded by Mr. Cook. All in favor: Aye. Carried.
Respectfully Submitted,
__________________________
Antoinette Kopeck, Town Clerk