PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NEW YORK 12563

FEBRUARY 22, 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.

AUDIT OF BILLS

Mrs. Nacerino made a motion to accept Abstract No. 3 as written:

General Fund $36,962.06, Highway Fund $14,706.28, Waste Water Treatment Plant $1,493.76, Putnam Lake Light District $2,203.58, Patterson Light District $2,094.73, Patterson Refuse District No. 2 $4,623.77, Deerwood Drainage District $17.80, Patterson Park District $580.30, Alpine Water District $850.01, Fox Run Water District $1,357.31, Trust & Agency $1,506.25, Grand Total Abstract $66,395.85.

Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.

MICHAEL GRIFFIN

DASNY – UPDATES

Mr. Griffin stated back in 2008 Senator Vincent Leibell managed to get the Town $1.25 million dollars in grants over a much extended period of time and through a series of delays

Governor Patterson’s determination that the State was broke, many of those grants were put on hold. Tonight I just want to report to everyone that through our Town Planner, Rich Williams hard work and consistent and persistent determination that we have in fact received the million dollar grant and the $250,000.00 grant. The $250,000.00 was received last week. It is now in our bank account. That is $1.25 million dollars that the residents of the Town of Patterson will not have to dig into their pockets to pay for the new courthouse. I just want to thank Rich Williams for not quitting on the grants and not giving up and saving us all a great deal of money.

Mr. Griffin stated regarding the $100,000.00 from Senator Ball from what I understand we still haven’t received a projects number and some other things for the Recreation Center but they are in the works. They are in the final review at the State. I will keep you posted.

ZBA APPEAL – DISCUSSION/RESOLUTION

Mr. Griffin stated based on the request of Counsel, I am going to defer this to my Executive Session Legal.

RECYCLING PROGRAM – FOLLOW UP

Mr. Griffin stated at the last Town Board meeting a member of the public requested some information on recycling. This is a memo from Frank Farrell to the Town Board regarding the recycling progress report. District No. 1 is doing well and the results are based on single stream recycling. We produce about 2.3 pounds of garbage per person per day. Recyclables are about .34 pounds per day and the total waste in Putnam Lake is about 2.64 pounds per person per day which is about half of what the State says is average. In District 2 the results are based on three months of single stream recycling. Garbage we produce about two pounds per person per day, recyclables about 2.3 pounds per day with a total waste of about 2.23 pounds per day per person. Putnam Lake gets a gold star because they are recycling better than we are right now. Patterson generates about 9,746,820 pounds of garbage each year. Unfortunately we only recycle about 1,096,520 pounds. If we recycled at 100 percent of garbage we could save about $388,000.00 annually.

PUTNAM LAKE PARK DISTRICT – DISCUSSION/RESOLUTION

Mrs. Nacerino read her personal comments on the Park District.

Mr. Griffin introduced the following Resolution for Establishment of Putnam Lake Park District After Further Hearing on Alteration of Proposed Boundaries:

R-0212-04

WHEREAS, a Petition dated August 23, 2011 has been duly presented to the Town Board of the Town of Patterson (the “Town Board” and the “Town,” respectively), in the County of Putnam, State of New York, pursuant to Article 12 of the Town Law of the State of New York, for the establishment of the Putnam Lake Park District (the “District”), requesting that the District be established in the Town; and

WHEREAS, on December 14, 2011 the Town Board duly adopted an order reciting in general terms the filing of the Petition, the boundaries of the proposed District, the anticipated annual cost to properties within the District, and the stated purposes for which the District is proposed to be established, namely managing, maintaining and improving the proposed “park district property” described in the Petition, and the making of necessary improvements to the waters of Putnam Lake for the use, convenience and enjoyment of the residents within the District; and

WHEREAS, certified copies of said order were duly published and posted according to law; and

WHEREAS, 1the Town Board and the public have had the opportunity to consider a certain “Report on the Creation of the Putnam Lake Park District dated December 14, 2011 prepared by the Patterson Planning Department” (the “Report”), which was duly filed with the Town Clerk and posted on the website maintained by the Town, which includes, inter alia

1. a summary of the history of the development of the Putnam Lake area;

2. how the cost of the District to the typical property and, since different, the cost to the typical one or two family home within the District, was computed;

3. the anticipated revenues to be generated given the anticipated cost to a typical one or two family home within the District at the “$.47 per thousand of assessed valuation” cost provided for in the Petition;

4. a Proposed Budget for Year 1 of the proposed District which takes into account the anticipated revenues and reasonable expenditures for maintenance, equipment, personnel, administration, lake improvements, and a 15% contingency fund, and which contemplates a reduction of the programs and expenditures initially

5. proposed in the “Putnam Lake Park District Plan” submitted by the Committee to Create a Putnam Lake Park District which is annexed to the Report ; and

6. recommendations as to the addition to the District of certain properties which would be benefited by the creation of the proposed District, and the removal from the proposed District which would not be benefited by the creation thereof; and

WHEREAS, a duly noticed public hearing on the Petition was held by the Town Board on January 18, 2012 at which all interested persons had a full and complete opportunity to be heard; and

WHEREAS, after such hearing, said Town Board duly adopted a resolution on January 25, 2012, determining that 1(i) the Petition was signed and acknowledged as provided by law and is otherwise sufficient; (ii) certain of the properties and property owners proposed to be included within the proposed Park District would not be benefited by the creation of the District; (iii) certain properties and property owners which would be benefited by creation of the proposed Park District were not included within the proposed Park District; and (iv) determining that it is in the public interest to establish the proposed Park District with the changes of boundaries as specifically recommended in the Report of the Town Planning Department and as specified in said January 25, 2012 Resolution, and providing further that said Town Board shall hold an additional public hearing to hear all persons interested in the proposed District and the aforesaid changes in boundaries at the Patterson Recreation Center, 65 Front Street, Patterson, New York, on the 13^th day of February, 2012, at 7:30 o'clock P.M; and

WHEREAS, notice of such additional public hearing was duly published and posted as prescribed by law and also mailed to the owners of all properties to be included in the proposed District, and said Town Board, at the time and place specified in said notice, duly met and considered the matter of the establishment of such District and change of boundaries, and heard all persons interested in the subject thereof who appeared at such place concerning the same; and

WHEREAS, the Town Board has considered all comments submitted at said public hearing, including verbal and written comments objecting to the exclusion of two properties from the proposed District as recommended in the Report, and based thereon has determined to alter the boundaries to ensure that all the property and property owners and only such property and property owners as are benefited shall be included within such proposed District; and

WHEREAS, the Petition does not propose the construction of any improvements; and

WHEREAS, the proposed action constitutes an unlisted action under Environmental Conservation Law Article 8; and

WHEREAS, the Town Board has considered the potential impacts which the creation of the District will have on the environment in general, and on the properties and property owners within the proposed District, and wishes to make a determination of significance in accordance with 6 NYCRR Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act (“SEQRA”); and

WHEREAS, that based upon the record of the proceedings in this matter, and the comments made at, in connection with and subsequent to the two (2) public hearings in this matter, the Town Board determines that the following determinations shall be made, adopted and approved:

NOW, THEREFORE, BE IT RESOLVED, by the Town Board, that, with the changes in boundaries of the proposed District hereinafter set forth, it is hereby finally determined as follows:

(1) That the aforesaid Petition is signed and acknowledged as provided by law and is otherwise sufficient.

(2) That all of the property and property owners within the proposed District are benefited thereby.

(3) That all of the property and property owners benefited are included within the proposed District.

(4) That it is in the public interest to establish the proposed District as hereinafter described, and be it

FURTHER RESOLVED, that the Town Board does hereby approve the establishment of a District as hereinafter described to be known as Putnam Lake Park District; and be it

FURTHER RESOLVED, that the District shall include within its boundaries those properties and property owners described in the Petition (including the two (2) properties which were proposed in the Report to be deleted from the District as listed below), and the following additional properties and property owners as are benefited by said District which were not included in the proposed District as described in the Petition:

and be it

FURTHER RESOLVED, that the costs of the proposed improvement will be assessed on the benefited property and property owners; and be it

FURTHER RESOLVED, that the Town Board hereby determines that the proposed action will not have any significant environmental impacts in the following areas:

(1) There will be no creation of material conflict with the Town's officially adopted zoning regulations;

(2) There will be no substantial change in existing air quality, ground or surface water quality or quantity, traffic or noise levels;

(3) There will be no substantial increase in potential for erosion, flooding, leaching or drainage problems;

(4) There will be no removal or destruction of large quantities of vegetation or fauna;

(5) There will be no substantial increase in traffic or the use of existing infrastructure;

(6) There will be no significant impairment of the character or quality of architectural or aesthetic resources or of the existing neighborhood character; and be it

FURTHER RESOLVED, that the Town Board hereby issues a negative declaration under SEQRA; and be it

FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized and directed to file a certified copy of this resolution, in duplicate, in the office of the State Department of Audit and Control, at Albany, New York, within ten days after the adoption of this resolution.

Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.

BUILDING DEPARTMENT MEMO – WAIVER OF FEES REQUEST

Mrs. Nacerino made a motion upon the Director of Code Enforcements recommendation to waive the fees for Delia Garrity.

Seconded by Mr. Burns. All In Favor: Aye. Carried.

WAIVER & RELEASE FORM – DISCUSSION

Mr. Griffin stated this is a release and a waiver of liability and has to do with whenever volunteers do work on Town property or for Town projects that they are waiving or releasing the Town of a waiver of liability. I would like everyone to read this and I will bring this up for consideration at the next Town Board meeting.

Mr. McCarthy stated is this on a per job basis or can one do it for all.

Mr. Griffin stated that is a good question that I would defer to the Attorney. I would like to hear everyone’s input at the next Town Board meeting.

EXECUTIVE SESSION - LEGAL

Mr. Griffin stated I will defer my Executive Session – Legal until the end of the meeting.

GINNY NACERINO

RECREATION REQUEST(S)

Mrs. Nacerino made a motion to approve the waiver of fees requested by Matt Chibbaro for the Putnam County Youth Bureau for the Recreation Center gymnasium and Recreation Room.

Seconded by Mr. Cook. All In Favor: Aye. Carried.

Mrs. Nacerino made a motion to approve the request of Matt Chibbaro for 12 additional mandatory training hours for Denise Opromolla by the New York State Office of children and Family Services.

Seconded by Mr. Cook. All In Favor: Aye. Carried.

Mrs. Nacerino stated Cheyenne Alberti and Laura Marchese will be the honorees at the Friday, May 4, 2012 Fashion Show.

Mrs. Nacerino stated we will be hosting in the near future a Senior Citizens Prom. We are looking into a Saturday or Sunday afternoon.

HOEY LETTER

Mrs. Nacerino read a letter from Peter and Mary Hoey regarding the new Single Stream Recycling Program and how happy they are with the results.

COMCAST – UPDATE

Mrs. Nacerino stated Ixfinity Services will soon be available from Comcast.

PAB – UPDATE

Mrs. Nacerino stated Councilman McCarthy and myself attended a Park Advisory Board meeting on February 15, 2012. She gave an update on all that was discussed.

EXECUTIVE SESSION – PERSONNEL

Mrs. Nacerino stated I will defer my Executive Session – Personnel until the end of the meeting.

KEVIN BURNS

DORSET HOLLOW WATER SYSTEM - UPDATE

Mr. Burns read a letter from the Town Planner on the updates of the Dorset Hollow Water System. On February 3, 2012 Allied Pollution Control sampled the tank using a core-pro sampler and found there was a 3” deep layer of material on the bottom of the tank. It appeared to be a deposit of sediment and iron that has accrued over. Insite Engineering has recommended that the tank be cleaned, which we will be working on this spring.

REED PROPERTY UPDATE

Mr. Burns stated regarding the Reed property, which is located on Route 164, I heard a rumor that there are plans to transfer the property to an adjacent landowner.

Mr. Hogan stated I will have to look into that.

Mr. Burns stated I will carry this over to the next meeting.

CONFERENCE REQUEST(S)

Mr. Burns made a motion to approve three conference requests as submitted.

Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.

Mr. Burns made a motion to add one item to his agenda.

Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.

Mr. Burns stated I just wanted to advise the Board that I had the opportunity to attend the Association of Towns meeting. It was an outstanding meeting. It is a program that the Association of Towns offers for the Town Board, Town Clerk, Town Highway Supervisor’s etc. It was held at the Hilton in New York City. I found it to be very valuable. I know we cut it out of our agenda. I commuted down instead of staying at the hotel which helped to cut costs. My only comment would be it was really a valuable class and it seems like something we might want to consider in the budget for the Town.

CHARLES COOK

AMERICAN VETERANS HISTORICAL MUSEUM REQUEST – WAIVER OF FEES

Mr. Cook made a motion to approve the use of the Recreation Center for July 21, 2012 for a military band concert and to waive the fee for the room.

Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.

PLANNING BOARD APPLICANT

Mr. Cook made a motion to approve a payment plan for a resident who has outstanding fees with the Planning Board. The amount is over $13,000.00. I would recommend that the Board establish a fee schedule of $6,571.00 to be paid in March and the remaining $6,571.00 be paid in monthly installments from April through September.

Mr. Burns stated does he have the ability to make those payments.

Mr. Cook stated we don’t know but we have to start some place.

Mrs. Nacerino stated what guarantee do we have that it will be satisfied in the time period stated.

Mr. Cook stated his Planning Board approvals.

Seconded by Mr. Burns. All In Favor: Aye. Carried.

COMMERCE DRIVE ATTORNEY - UPDATE

Mr. Cook stated Mr. Hogan could you give us a quick update.

Mr. Hogan stated I spoke with Rich Williams regarding this and we are going to try to set up a meeting with the property owners. If we can get them all together we will have an update for the Board possibly in March.

ROBERT MCCARTHY

ADVERTISE FOR BIDS – ACCEPTANCE OF RECYCLED MATERIALS

Mr. McCarthy made a motion to authorize the Town Clerk to advertise for bids for the Acceptance of Recycled Materials for Garbage District No. 2.

Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.

ZBA REQUEST - RF CONSULTANT

Mr. McCarthy introduced the following Resolution Appointing Radio Frequency Consultant to Zoning Board of Appeals:

R-0212-05

WHEREAS, the Patterson Town Board has received a request from the Patterson Zoning Board of Appeals (the “ZBA”) dated February 16, 2012 for the retaining of a radio frequency (“RF”) engineer as a consultant to assist the ZBA in the review of the Application of Verizon Wireless currently pending before the ZBA for construction of a 140 foot high telecommunications tower on premises located at 72 Fairfield Drive; and

WHEREAS, the ZBA has received a proposal dated February 16, 2012 from Ronald E. Graiff. P.E. in the amount of $2,800.00 for performance of the required review;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the retaining of Ronald Graiff as RF engineer for the performance of the services referred to above; and

BE TI FURTHER RESOLVED, that copies of the ZBA request and the proposal of Mr. Graiff referred to above be attached to this Resolution; 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 Mr. Burns.

Mr. Griffin stated discussion.

Mr. Cook stated how the resolution is written it says in the amount of $2,800.00, I would like to see that say not to exceed $2,800.00 in his itemized breakdown of costs he says for Item No. 4 “if required by the Town will attend the Planning Board meeting to examine applicant witnesses or orally present findings to the Board”. I think we should hold off and see what his review comes up with for the first three steps and then authorize him.

Mr. Griffin stated any of the fees that are associated with this are billed back to the applicant. Putnam Lake Fire Department along with Verizon is submitting an application to put up 140 foot cell tower on their property between the Fire House and where the clothing bins are.

All In Favor: Aye. Carried.

Mr. Joe Francis stated I live in Putnam Lake and I’m not too familiar with this, what is the benefit of this tower.

Mr. Griffin stated that is a good question to bring to the ZBA when they have the Public Hearing.

PATTERSON CLEAN-UP DAY – SET DATES

Mr. McCarthy stated clean-up day will be held on Saturday, April 21, 2012 and Saturday, April 28, 2012. Bags will be available at Town Hall on Friday April 20, 2012 and Friday, April 27, 2012 from 10:00 a.m. to 4:00 p.m. Bags will also be handed out on clean up day from 7:00 a.m. until noon at the Patterson Library and the Putnam Lake Market.

OTHER BUSINESS

Mr. McCarthy stated Ron Taylor from the Historical Society is looking for any type of brochures or pictures from Big Birch or Birch Hill. They want to do a display.

Mrs. Nacerino read her Environmental Tip.

PUBLIC RECOGNITION

None

EXECUTIVE SESSION

There being no further business, Mr. Burns made a motion to go into Executive Session at 8:15 p.m.

Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.

Mrs. Nacerino made a motion to close Executive Session at 9:05 p.m.

Seconded by Mr. Cook. All In Favor: Aye. Carried.

Mr. Griffin called the meeting back to order at 9:05 p.m.

ADJOURNMENT

There being no further business, Mr. McCarthy made a motion to adjourn the Town Board meeting at 9:05 p.m.

Seconded by Mr. Burns. All in favor. Aye. Carried.

Respectfully Submitted,

__________________________

Antoinette Kopeck, Town Clerk