PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NEW YORK 12563
February 27, 2013
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
KEVIN BURNS, COUNCILMAN
CHARLES W. COOK, DEPUTY SUPERVISOR
ROBERT MCCARTHY, COUNCILMAN
ANTOINETTE KOPECK, TOWN CLERK
MICHAEL LIGUORI, 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.
Mr. Griffin stated next is an update from our County Legislature, “A Woman of Distinction”, Legislator Ginny Nacerino. Welcome back.
COUNTY LEGISLATURE NACERINO’S UPDATE
Mrs. Nacerino stated thank you, it’s good to be back and nice to see everyone. I am enjoying my position as the County Legislator.
I have been very busy and I’ve been loving every bit of it. One of my priorities has been to foster and maintain communication with the Town Officials. I have been in constant touch with Mike and Rich since January. I place a high priority on maintaining that communication.
I will tell you a little bit about my new role. I am Chairman of the Rules and Enactments and Inter-Government Coalition Committee and I also sit on the Auditing Committee and the Personal Committee as well. I am the alternate to Veterans Council Committee and Liaison to the Records Management. I have been meeting with various Department Heads to take a tour of some of the facilities and also to listen to their concerns and issues. Each department is sort of a universe onto itself encompassing a great deal of work and a great deal of things that they address.
I am here tonight to provide you with a legislative update on some of the issues and happenings at the County.
The vack-all truck, Russ Goff and I met in January and he began the process for consideration for East of Hudson Funding to purchase a vack-all truck last year. However, for whatever reason it was put on the back burner and it was never addressed. Russ gave me a proposal and the truck specifications which I in turn sent a memo to the County Executive and I’m happy to say at this time a resolution and the letter of objection is being prepared by our Law Department. Hopefully we will be successful in our endeavor because this is a win win for Patterson.
The Anti-Fracking Legislation, at the January 22, 2013 Health Committee meeting I questioned the County’s ability to enforce legislation on County roads. As a result of that inquiry, the proposed law was sent back to the Law Department for a review. It was determined that they would amend the law. I thank you and the Town of Kent for your support for your legislation as well as a reinforcement.
Solar Energy, I met with various department heads, the County Planner; Deputy County Planner, John Tully; Director of Purchasing; and our County Attorney regarding the Solar Energy proposal by BQ Energy on February 7, 2013. We at the County own a parcel on Cornwall Hill Road as well as the Town. At this juncture, discussions are still preliminary and I know the Town is prepared to take an action tonight, however, we are still in the vetting process and this will most likely be bid out should we move forward with it.
The Golf Course, the golf course is exploring a public/private partnerships for the Putnam National Golf Course. The golf course is one of our biggest assets. The RFP expired on February 11, 2013 and ten bids were received. The bids include managing the golf course, club house, restaurant, catering facility, (inaudible) farm and the farm land. Bidders have the option to take on the project in its entirety or pick certain aspects of the RFP. The legislature is sent to both in March on two bonding resolutions. One for reconstruction and improvements in the amount of $233,000.00 and the other in the amount of $295.00 for equipment.
SRO’s/SPO’s, this has been a big issue in light of the tragedy in Newtown. This is a fragile issue, a sensitive issue and a fiscal issue. At the Protective Service meeting, discussion ensued with various Superintendents of schools regarding how we were going to handle school security. SRO for those who don’t know is a School Resource Officer and is employed by the County of Putnam as a Deputy. SRO’s come with great legacy costs retirement benefits package. SPO’s are Special Police Officer’s which are retired officer’s that are highly trained in the field and they come with no fringe benefits and would be part-time workers. At this point, there is a team who will be exploring the various options of how we could best assess the cost factors involved and determine what, if any, financial assistance can be realized to the school districts.
Transportation Task Force has been set and spear headed by Vincent Tigmana which consists of all volunteers to analyze the transit situation across the County, and determine what is most cost effective and how we can provide good service.
The Rules Committee, which I Chair, I am working with the Law Department to draft a new resolution on the various Trade Boards. I attended the Home Improvement, Electrical, Plumbing and Mechanical Boards.
Mrs. Nacerino stated I was honored last Monday and was asked by Legislature Chairman Richard Oather to represent the Legislature by presenting a plaque to Robert McMahn for the dedication ceremony at the Bureau of Emergency Services. A room in the facility was named the Robert McMahn Emergency 911 Communications Centers. This was a very heartwarming event and with standing room only it was a sea of fireman and first responders across the County and New York City.
I thank you for having me here tonight.
Mr. Burns stated is the Expense Board by the School District or the County.
Mrs. Nacerino stated the Expense Board at this time is a 50/50 split between School Districts and the County. However, the Legacy cost is still associated with the County. It is a very expensive endeavor to maintain SRO’s.
AUDIT OF BILLS
Mr. Cook made a motion to accept Abstract No. 3 as written:
General Fund $46,968.41, Highway Fund $30,120.15, Waste Water Treatment Plant $15,505.80, Library $603,911.00, Putnam Lake Light District $24.84, Patterson Light District $952.29, Patterson Refuse District #2 $2,658.14, Deerwood Drainage District $18.36, Patterson Park District $275.00, Alpine Water District $891.50, Dorset Hollow Water District $833.75, Fox Run Water District $6,250.15, Trust & Agency $300.00, Grand Total Abstract $708,709.39.
Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mr. Griffin, yes.
CHARLES COOK
PROPOSED CHANGE TO TOWN BOARD MEETING TIME-FOLLOW-UP
Mr. Cook stated at the last meeting we mentioned about starting our meetings at 7:00 p.m. versus 7:30 p.m. The Board is in agreement with that. We would like to hear from the public at Public Recognition if anyone would like to speak regarding this. We would anticipate starting this at the first meeting in May.
RECREATION REQUEST(S)
Mr. Cook made a motion to approve Matt Chibarro’s request to rehire Mike Capra, Director of Men’s Softball Program in the amount of $1,600.00 for the summer and $900.00 for the fall season.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. Cook made a motion to approve Matt Chibbaro’s request to hire Christopher Santos as the Basketball Director; Michelle Ederer, Cheerleading; Kerry Hackert and Glenn Palmieri, Lacrosse at the rate of $23.00 per hour for all.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. Cook made a motion to approve the following Summer Camp rates. These prices will be in effect for the upcoming sessions:
Multi/Activity Camp:
$160.00 per child per week ($150.00 for recreation members)
$150.00 for each additional child per week
$130.00 per child for shortened 4-day week of July 1st (no camp 7/4)
$120.00 for each additional child (week of July 1st)
$40.00 per day daily rate
Flag Football, Cheer, and Basketball Camp:
$170.00 per child per week ($160.00 for Recreation members)
$160.00 for each additional child per week
Lacrosse Camp:
$195.00 per child per week ($185.00 for recreation members)
$185.00 for each additional child per week
$120.00 per child for Little Lacrosse (grades 1&2)
Lego Camp: (half day session)
$160.00 per child per week ($150.00 for recreation members)
$150.00 for each additional child per week
$240.00 per child per week for Lego Camp and half day of Multi-Activity Camp to supplement the day
Before Care for Camps:
$50.00 per child per week or $15.00 per day
$40.00 per child week of July 1st
After Care for Camps:
$50 per child per week or $15 per day
$40 per child week of July 1st
Seconded by Mr. McCarthy. All In Favor: Aye. Carried.
Mr. Cook made a motion to approve a request by the Putnam County Department of Health to use the Recreation Center for their annual Community Wellness Fair for Putnam County families. The fair is June 18, 2013 from 11:30 a.m. to 3:00 p.m. Matt is supporting this request and will provide health promotion assistance and awareness of available services for women, infants and children. Matt is also in favor of waiving the fee for them to use the Recreation Center.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
HIGHWAY REQUEST – ADVERTISE FOR BIDS
Mr. Cook stated we have a request from our Highway Superintendent to advertise for bids and request the Town Clerk to advertise for these bids to be opened on Wednesday, March 20, 2013 at 2:00 p.m.
Mr. McCarthy stated didn’t we actually get a street sweeper.
Mr. Goff stated hopefully we won’t use them but for this year I felt comfortable just getting another bid. It’s likely we won’t use them.
Mr. McCarthy stated we do have our street sweeper, so you are just going to get a bid.
Mr. Goff stated yes.
Mr. Cook stated this is like a back-up.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
ROBERT MCCARTHY
LAWN MAINTENANCE BIDS-RE-ADVERTISE
Mr. McCarthy made a motion to re-advertise for the lawn maintenance bids for the Town properties and the Putnam Lake Park District for the 2013 season. Bids to be opened on March 15, 2013 at 10:00 a.m.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
PATTERSON COMMUNITY CHURCH REQUEST – WAIVER OF PARK FEES
Mr. McCarthy stated I have to table this because I did not receive written consideration from the Park Advisory Board.
Mr. McCarthy made a motion to add one item to his agenda.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. McCarthy made a motion to approve a non-bid procurement request from the Park Advisory Board for Living Assets for lawn care for the Maple Avenue Veterans Park not to exceed $900.00.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
MICHAEL GRIFFIN
TOWN JUSTICES REQUEST – NEW HIRE
Mr. Griffin introduced the following Resolution to Appoint Colleen Ruston Miccio as Part-Time Justice Court Clerk:
R-0213-03
WHEREAS, the Town Board of the Town of Patterson desires to hire a part-time Court Clerk to assist with the administration of the Justice Court; and
WHEREAS, the Town Justices of the Town of Patterson have conducted interviews of eligible applicants from the County List to fill said position; and
WHEREAS, the Town Justices of the Town of Patterson have determined that, of those persons interviewed, Colleen Ruston Miccio is the most qualified candidate for the Court Clerk position and have recommended that she be hired to such position; and
WHEREAS, the Town Board of the Town of Patterson has determined that Colleen Ruston Miccio is fully qualified to hold the position of Court Clerk;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Colleen Ruston Miccio to the position of Justice Court Clerk, which position shall commence on March 4, 2013 and shall be subject to the personnel policies of the Town of Patterson, and for which Ms. Miccio shall be compensated at a rate of $16.50 per hour; 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.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
GARBAGE DISTRICT II RECYCLING – DISCUSSION
Mr. Griffin stated some time back we started single stream recycling and we were working with a company called Hudson Baylor. They have been sold to a company named Recommunity. Our contracts ran out and Recommunity said they could no longer to do the deal where they pay for the pick-up and pay us for the recyclables. I have made multiple phone calls to multiple organizations. Apparently just about everyone I can find takes their recyclables to Recommunity. The next thing we need to decide is who will take our recyclables to Beacon. Right now we are continuing with the company that had the contract which is Royal Carting and they are now charging us $175.00 per container. We average about three to four containers per month. We are losing about $80.00 to $90.00 per pull. At this point, we need to put it out to bid and I would like to suggest we put out for bid haulers to take our recyclables and provide a 40 yard dumpster and to take the recyclables to Recommunity in Beacon. If the Board is in agreement with that I will go forward with it.
Mr. Burns stated is Royal Carting providing the 40 yard dumpster now.
Mr. Griffin stated yes, and they were actually taking it to Beacon and billing Hudson Bayler. Once Hudson Bayler was sold the company looked at it and said we are losing our shirt on this deal. Dave said they would continue to take our materials but they will not pay to have it brought there. I spoke to the company that does our recycling and garbage in Putnam Lake and they would be happy to take your recyclables for free you just have bring them to Mount Kisco. If we are going to Mount Kisco we might as well go to Beacon and get $15.00 to $18.00 per ton. I think we can do this by RFP.
Mr. Williams stated pursuant to the Procurement Policy you just need to get three written quotes.
Mr. Griffin stated ok.
Mr. Cook stated can we ask the Administrator of recycling to contact other Towns to get some names of outfits that they use.
Mr. Griffin stated yes, we can do that. We will have to work on this.
MS4-REQUIREMENTS
Mr. Williams stated this is a follow-up on the MS-4 audit that we recently went through. I made copies for everyone. The permit requires us to have an erosion and storm water law on our books. Back in 2006, the DEC created this document called the GAP Analysis. It was 120 pages which basically took their model law and broke it down into sections and we were required to take our law that we were proposing to adopt and go paragraph by paragraph and compare the two and demonstrate that our law was equivalent. The general permit adopted in 2010 requires us to either take that step or to have our local law certified by the Attorney’s. I’m sure there will be an expense with the Attorney’s reviewing our local law and certifying it. DEC is changing the rules and doing all sort of crazy things that we didn’t expect them to do, which is why we faired so poorly with the audit.
Conversation ensued.
Mr. Griffin stated my position is we should push back.
Mr. Burns stated if it is setting a precedent, I agree with you.
Mr. Griffin stated I think we should draft a letter to the DEC and say we met the conditions of the permit and nowhere along the line does it say that the guidance documents supersede the permit. At least just get it on record. At some point, we could roll over and pay the Attorney’s to review and certify the law but we have to tell them this is what the permit said and this is what we were required to do and this is what we did. I don’t have a problem with the Town Attorney reviewing the law, but I do think there needs to be an issue raised here and it needs to go to our Elected Officials higher up the chain. I think we should prepare a letter to the DEC telling them they are out of control.
Mr. Cook stated I agree.
Mr. Liguori stated the concern we have is if we will be able to certify it.
Mr. Griffin stated you are not going to know until you review it. Go ahead and review it.
Mr. Burns stated in the interim we are comfortable with you writing a letter.
Mr. Griffin stated ok, we will start the push-back and see how far it goes.
DESIGNATING A HEARING OFFICER – RESOLUTION
Mr. Griffin stated I had a meeting with Glen Blackman from the CSEA today. I think we can resolve our personnel disciplinary matter without spending another $1,500.00 to $2,000.00 to go to a hearing. At this time we will table the appointment of a hearing officer pending negotiations with the Union.
Mr. Griffin stated I would like to add one item to my agenda.
Mr. Griffin stated every year we are required to do an audit to satisfy the State Comptroller as to certify all the work our Town Comptroller did was reviewed by an independent auditor and found to be in order.
Mr. Griffin introduced the following Resolution Professional Services Contract with Michael R. Quis, C.P.A., M.B.A. for Auditing Services not to exceed $25,000.00:
R-0213-04
WHEREAS, the Town of Patterson desires to retain an accountant to evaluate the Town’s conformity with the requirements of the New York State Office of the State Comptroller, Division of Municipal Affairs, in presenting its financial statements for the year ended December 31, 2012; and
WHEREAS, the Town of Patterson has received a proposed Engagement Letter from Michael R. Quis, C.P.A., M.B.A. (the “Accountant”), dated February 20, 2013, setting forth the terms upon which the Accountant proposes to provide such auditing services to the Town for the year ended December 31, 2012 (the “Engagement Letter”), a full and complete copy of which is annexed hereto; and
WHEREAS, the Town of Patterson and the Accountant wish to enter into an agreement in accordance with the terms set forth in the attached Engagement Letter for the year ended December 31, 2012;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the engagement of Michael R. Quis, C.P.A., M.B.A. to audit the Annual Financial Report Update Document for the Town for the year ended December 31, 2012 on the terms set forth in the Engagement Letter attached hereto; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes and directs the Supervisor to execute the Engagement Letter and any and all other documents necessary to give effect to this Resolution.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
KEVIN BURNS
BQ ENERGY SOLAR PANEL PROPOSAL - RESOLUTION
Mr. Burns introduced the following Resolution Solar License Agreement with BQ Energy LLC:
R-0213-05
WHEREAS, BQ Energy LLC (“BQ Energy”) has proposed to lease certain land from the Town of Patterson located at 271 Cornwall Hill Road, Patterson, New York (the “Premises”) for the installation and operation of a solar electric generating facility; and
WHEREAS, BQ Energy has submitted a proposed Solar License Agreement to the Town setting forth the terms of such lease, a full and complete copy of which is annexed hereto; and
WHEREAS, the Town of Patterson finds that the Town would benefit from the installation of a solar electric generating facility and desires to lease the Premises to BQ Energy for such purpose;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Town to enter into a Solar License Agreement with BQ Energy in such form as is satisfactory to the Town Planner and Town Attorney; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes and directs the Supervisor to refer the Solar License Agreement to the Town Attorney for review and comment, and to execute any and all documents necessary to give effect to this Resolution.
Seconded by Mr. Cook.
Mr. Liguori stated I didn’t know if you spoke about Rich’s memo about possibly segregating the approval.
Mr. Griffin stated BQ has been given Rich’s comments prior to the meeting and we assume we will have some comments from you by the end of the week so we can share them with them as well. Then we can clean up any issues that were left out there. There was a discussion about when we get the $10,000.00, is it before or after, etc. They are here tonight if anyone has any questions.
Mr. Major stated I did raise early on the issue about screening in reference to the home that is to the North of that site. I took the time to drive up Somerset into the older section and it is quite apparent that for six months out of the year many of the homeowners on Somerset will actually be looking out onto the solar panels. If that is the case, I think it would be proper that they receive notification. If this was a private landowner looking to put a project through the Planning Board, adjacent landowners would have to be notified.
Mr. Burns stated is there a mechanism by which we can incorporate any public comments in addition to the Planner and Attorneys.
Mr. Griffin stated we could. The issue of the screening and a lot of other things are going to come up later on because if BQ doesn’t get the grant the deal does not go forward. Once they get the grant the design process will go forward and at that point there will be numerous discussions.
Conversation ensued.
All In Favor: Aye. Carried.
PUTNAM LAKE SENIORS’ REQUEST-TRIPS
Mr. Burns made a motion to approve the request from the Putnam Lake Seniors for a trip to the Westchester Theater on June 6, 2013 for a sum not to exceed $1,245.39 and November 21, 2013 for a sum not to exceed $1,212.01.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
CONFERENCE REQUESTS
Mr. Burns made a motion to approve two conference requests as submitted.
Seconded by Mr. McCarthy. All In Favor: Aye. Carried.
Mr. Burns made a motion to add three items to his agenda.
Seconded by Mr. McCarthy. All In Favor: Aye. Carried.
Mr. Burns stated I was approached by someone in my neighborhood about the prospect of having a dog park. No site was proposed, we just talked about it. I know when we had discussions about the Putnam Lake Advisory Board it was a huge issue and I know there are a lot of dog walkers, including myself and if we could find an appropriate site within the Town possibly one on this side and one in Putnam Lake we could move forward. If you have any suggestions or thoughts, please contact me.
Mr. Burns stated I learned this morning that Day Light Savings arrives this Saturday, so spring forward and fall back.
Mr. McCarthy stated no, it’s the 2nd.
Mr. Burns stated the Putnam Lake Winter Fest was scheduled to proceed last Saturday but due to weather concerns it was adjourned and I believe it is this Saturday, March 2, 2013.
OTHER BUSINESS
Mr. Cook stated we received this Dog Control Officer’s Inspection Report and they commented about the Town of Patterson and they also mentioned Southeast. Our guy doesn’t go down to Southeast, does he.
Mr. Griffin stated yes, he is the DCO for both Towns. It is a shared service.
Mr. Burns stated we pay a portion of his salary and they pay a portion of his salary.
PUBLIC RECOGNITION
Mr. Major stated back in December I provided you with a chart and in January I provided a letter in reference to Garbage District No. 2. There was to be put in place a review of the practices to determine what we are going to do about the excessive costs for Garbage District No. 2. I was curious about the status on that.
Mr. Griffin stated the gentlemen that we are going to be using, Michael Richardson will be back from vacation and we will probably have our first meeting at the end of March or very first week of April.
Mr. Major stated that’s great. I see we are putting out to bid again the lawn bids. You didn’t receive any bids.
Mr. Griffin stated that is exactly why we are doing it.
Mr. Major stated if you remember back in December I raised the issue about what publications you are using for your bidding and I used to get the Putnam Courier and it really has no news on this side of the County. I pretty much read the Times and I get the Examiner. I think it might be helpful for the Town to get from the local publications that do Legal Notices what their distribution is of their publications within our Town and maybe the best decision would be to give it to a single publication or multiple publications so that we can get a better response to these bids and other public notices.
Mr. Cook stated we could at least find out what it would cost, right.
Mr. Griffin stated you designated an official newspaper so once you designate one if you designate more than one every single legal notice you do for one you have to do for the other. It would substantially increase the costs. We had used the Times for many years and there was an issue raised at the County level that the Times wasn’t technically an official newspaper and whether or not leaving stacks of papers in the A&P and various other places constituted circulation or not. The decision was made to appoint the Courier so that is what we have been doing for the last couple of years.
Mr. Major stated you are right on that issue. A good example is you are now looking for people to participate in the Master Plan. It might be helpful rather than sending it to one publication to send it to all three.
Mr. Griffin stated there is a Press Release.
Mr. Major stated it doesn’t look like the Times does a good job over in Putnam Lake although it seems they do a very good job on his side of Town. Finding out what their distribution is would be helpful.
ADJOURNMENT
There being no further business, Mr. Burns made a motion to adjourn the Town Board meeting at 8:30 p.m.
Seconded by Mr. Cook. All in favor: Aye. Carried.
Respectfully Submitted,
__________________________
Antoinette Kopeck, Town Clerk