1142 ROUTE 311
MINUTES
PRESENT: MICHAEL
GERALD HERBST, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
TIM CURTISS, TOWN COUNSEL
ANTOINETTE KOPECK, TOWN CLERK
ABSENT: ERNEST KASSAY, COUNCILMAN
Supervisor
Salute to the Flag and Roll Call.
AUDIT OF BILLS
Mr. Herbst made a motion to approve the following bills chargeable to 2007:
General Fund $94,121.17, Highway Fund-Item 1 General Repairs $2,919.43, Highway Fund-Item 3 Machinery $13,281.80, Highway Fund-Item 4 Brush and Weeds $2,526.29, Highway Fund-Item 4 Snow $3,306.30, Highway Fund-Employee Benefits $2,771.26, Putnam Lake Light District $3,572.03, Patterson Light District $4,716.85, Putnam Lake Refuse District # 1 $45,766.00, Patterson Refuse District # 2 $28,870.14, Patterson Park District $1,281.57, Alpine Water District $530.00, Dorset Hollow Water District $786.40, Fox Run Water District $646.02, Capital Fund $298,458.69.
Total Abstract $503,553.95
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
Mr. Herbst made a motion to approve the following bills chargeable to 2007:
General Fund $72,867.95, Highway Fund-Employee Benefits
$17,282.05, Highway Fund-Debt Service $11,755.89, Putnam Lake Fire District
$25,943.90, Patterson Fire District $39,456.40, Patterson Light District
$822.59, Patterson Refuse District # 2 $7,349.03, Patterson Park District
$331.45, Alpine Water District $527.52,
Total Abstract $267,974.43
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
GERALD HERBST
ASCAP LICENSE AGREEMENT
Mr. Herbst introduced the following Resolution for Acceptance of 2007 License Agreement between American
Society of Composers, Authors and Publishers (ASCAP) and the Town of
R0207-01
WHEREAS, the American Society of Composers, Authors and Publishers (ASCAP), has submitted the attached License Agreement between the American Society of Composers,
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Authors and Publisher (ASCAP) and the Town of Patterson for the period commencing January 1, 2007 and terminating on December 31, 2007, and
WHEREAS, the Town Board of the Town of
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the License Agreement between The American Society of Composers, Authors and Publishers (ASCAP) and the Town of Patterson, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the License Agreement between The American Society of Composers, Authors and Publishers (ASCAP) and the Town of Patterson and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
NEW
Mr. Herbst introduced the following Resolution to Hire Janitorial and Cleaning Person for the
R0207-02
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
PARK ADVISORY BOARD – JOHN TAYLOR/NEW MOWER
Mr. Herbst introduced the following Resolution for Acceptance of Bid for a Mower for the Park District
R0207-03
WHEREAS,
bids have been received for the purchase of a new Tractor for the use of the
Park District in the Town of
WHEREAS,
Empire Power Tools and Repair Inc., 2180 Route 22, Patterson, New York 12563,
has submitted the lowest responsible bid which meets with the specifications
outlined in the bid for a sum not to exceed Nine Thousand Two Hundred Seventy
Nine and 20/100 ($9,279.20) Dollars, and
WHEREAS,
the Town Board of the Town of
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
accepts the bid of Empire Power Tools and Repair Inc. for a SCAG STT72A-35BV-SS
72” Cut Turf Tiger Zero Turn Riding Mower (with Fixed Roll Over Protection
System – ROPS), according to the specifications required by the Town of Patterson
and contained in the bid that was submitted by Empire Power Tool and Repair
Inc., a copy of which is attached to this Resolution, at a cost not to exceed
Nine Thousand Two Hundred Seventy Nine and 20/100 $9,279.20) Dollars, and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
Mr. Taylor stated I would like to inform the Town Board that Empire Power Tools has volunteered to take the old mower from the park and put it up for sale at their facility on
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Route 22 as a concession, but they will not take any fee for it. Does the Town want to consider this.
The Board members were in agreement to have Empire Power Tools take the old mower and sell it.
Mr. Raymond Merlotto stated shouldn’t the (inaudible) public auction along with the other equipment that we auction off.
Mr. Griffin stated this could be done in a couple of ways.
Mr. Molé stated the Town is permitted to sell its equipment to the public.
Mr. Merlotto stated I thought it was supposed to go to the highest bidder.
Mr. Molé stated not necessarily. It’s going to go to the highest bidder I would imagine when they sell it at this facility.
Mr. Merlotto stated shouldn’t there be public notice in the papers if somebody wants to purchase it or do they have to drive by and see the mower for sale.
Mr. Griffin stated it will be advertised.
Mr. Herbst stated Anthony at Empire Tools said that he would evaluate the mower at what it was worth and he would sell it with no commission to himself.
Mr. Griffin stated he is going to set the minimum bid.
Mr. Kutcha stated under concession means it is a fixed price, so there’s a difference. Is it an auction or is it a fixed price sale.
Mr. Griffin stated it will be there for viewing. There will be a time period in which everyone could take a look at it and put a bid on it. There will be a minimum bid.
Mr. Kutcha stated that’s an auction; I heard concession.
Mr. Griffin stated well then unfortunately he probably chose the wrong word.
Mr. Kutcha stated to be clear then, it is an auction.
Mr. Griffin stated if that’s your definition of an auction, then that’s an auction. There will be a minimum bid established and it will be advertised in the paper that the mower will be available for viewing at that location.
Mr. Kutcha stated Mike, really that’s not a concession sale so there is a difference. Anthony, you understand that.
Mr. Griffin stated thank you for that correction.
Mr. Herbst introduced the following Resolution for Patterson Village Condominium Tax Certiorari
R0207-04
WHEREAS,
a tax certiorari proceeding was brought on behalf of Patterson Village
Condominium for the 2001, 2002, 2003, 2004, 2005 and 2006 tax years affecting
the parcels designated as Section 3.19, Block 1, Lots 1001 through 2100 in the
Town of Patterson, Putnam County, New York, and
PATTERSON TOWN BOARD
TOWN BOARD MEETING
WHEREAS,
the parties have agreed to settle the tax certiorari proceedings in accordance
with the Order and Judgment and Stipulation prepared by Rothschild & Pearl,
LLP, the attorneys for Patterson Village Condominium, and
WHEREAS,
the Town Board of the Town of Patterson has consulted with the tax assessor of
the Town of Patterson and the Town Attorneys in the settlement of this matter,
and
WHEREAS,
the Town Board of the Town of Patterson wishes to authorize the Town Attorneys,
Curtiss, Leibell & Shilling, P.C., to sign said Order and Judgment and
Stipulation on behalf of the Town of Patterson, a copy of which is attached
hereto, and
WHEREAS,
the Town Board of the Town of Patterson further wishes to authorize the
Supervisor to seek financing, if necessary, to pay the judgment after entry, at
an interest rate not to exceed SEVEN (7%) percent;
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
authorizes the Town Attorneys, Curtiss, Leibell & Shilling, P.C., to sign
said Order and Judgment and Stipulation on behalf of the Town of Patterson, a
copy of which is attached hereto, and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby
authorizes the Supervisor to seek financing, if necessary, to pay the judgment
obtained by Petitioner at an interest rate not to exceed SEVEN (7%) percent.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
MARBEL – TAX CERTIORARI
Mr. Herbst introduced the following Resolution for Marbel Tax Certiorari Refund
R0207-05
WHEREAS,
a tax certiorari proceeding was brought on behalf of Marbel Investment Co. for
the 2001, 2002, 2003, 2004, 2005 and 2006 tax years, regarding property known
as 20 Jon Barrett Road and designated as Tax Map No. 24.19-1-5 in the Town of
Patterson, Putnam County, New York, and
WHEREAS,
the parties have agreed to settle the tax certiorari proceedings in accordance
with the Consent Judgment prepared by Albert & Albert, the attorneys for
Marbel Investment Co., and
WHEREAS,
the Town Board of the Town of Patterson has consulted with the tax assessor of
the Town of Patterson and the Town Attorneys in the settlement of this matter,
and
WHEREAS,
the Town Board of the Town of Patterson approved of the settlement of the
aforementioned matters and authorized the Town Attorneys, Curtiss, Leibell
& Shilling, P.C., to sign said Consent Judgment on behalf of the Town of
Patterson, and
WHEREAS,
the Notice of Entry of the Consent Judgment and Application for Refund has been
served upon the Town of
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
authorizes the refunds pursuant to the Notice of Entry of Consent Judgment and
Application for Refund, a copy of which is attached hereto and made a part
hereof, and
PATTERSON TOWN BOARD
TOWN BOARD MEETING
BE
IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby
authorizes the Supervisor to seek financing, if necessary, to pay said refunds
at an interest rate not to exceed SEVEN (7%) percent.
Seconded by Mr. O’Connor. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
STANTEC CONTRACT
Mr.
Herbst introduced the following Resolution for Acceptance of 2007 Contract between Stantec Consulting Services Inc. and
the Town of
R0207-06
WHEREAS,
Stantec Consulting Services Inc. has submitted the attached Master Services
Agreement between Stantec Consulting Services Inc. and the Town of Patterson
for engineering services on behalf of the Town of Patterson for the period
commencing January 1, 2007 and terminating on December 3, 2007; and
WHEREAS,
the Town Board of the Town of
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
approves the Master Services Agreement between Stantec Consulting Services Inc.
and the Town of Patterson; and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby
authorizes the Supervisor to execute the Master Services Agreement between
Stantec Consulting Services Inc. and the Town of Patterson and any and all
other documents necessary to give effect to this resolution.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
PATTERSON LITTLE LEAGUE REQUEST – CONTAINER
Mr. Herbst tabled this item until the next meeting.
KEASBEY REQUEST – WAIVER OF FEES
Mr. O’Connor stated we received a letter from the Keasbey’s stating that due to an oversight she let the time of application for a minor subdivision of property lapse. She would like to renew it without having to pay another application fee.
Mr. O’Connor made a motion to waive the application fee requested by Mrs. Keasbey.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
VIOLENCE IN THE WORKPLACE – DISCUSSION
Mr. O’Connor stated we received from our attorney a sample violence in the workplace policy but after going to the Association of Towns and receiving a copy of the actual law, we should go over it and make changes. The one I handed out was largely to stop violence in the work place between employees, but the law is very clear they want security measures taken into account.
Mr. O’Connor tabled this item until the next Town Board meeting.
Mrs. Nacerino stated I believe there is a deadline for adoption of the policy.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. O’Connor stated yes. The deadline is in mid-March but they said there are no regulations in effect until mid-July.
INCREASE LIMITS FOR SENIORS – RESOLUTION
Mr.
O’Connor introduced the following Resolution for Senior Citizens Tax Exemptions Pursuant to Chapter 142, Article 1 of the
R0207-07
WHEREAS,
Chapter 142, Article I of the Patterson Town Code provides tax exemptions to
qualified senior citizens residing in the Town of Patterson, and
WHEREAS,
Chapter 142, Article I of the Patterson Town Code Further provides that the tax
exemptions may be amended from time to time following a public hearing, and
WHEREAS,
the Town Board of the Town of Patterson held a public hearing on February 28,
2007 to consider such amendments, and
WHEREAS,
the Town Board of the Town of
NOW,
THEREFORE BE IT RESOLVED, that pursuant to Chapter 142, Article 1 of the
Patterson Town Code, and pursuant to Section 467 of the New York State Real
Property Tax Law, the Town Board of the Town of
$0
to $26,000.00 50%
$26,000.01
to $26,999.99 45%
$27,000.00
to $27,999.99 40%
$28,000.00
to $28,999.99 35%
$29,000.00
to $29,899.99 30%
$29,900.00
to $30,799.99 25%
$30,800.00
to $31,699.99 20%
$31,700.00
to $32,599.99 15%
$32,600.00
to $33,499.99 10%
$33,500.00
to $34,399.99 5%
BE
IT FURTHER RESOLVED, that pursuant to Section 467 of the Real Property Tax Law
of New York, the Town Board of the Town of Patterson hereby adopts and
establishes that the income limits for the partial real property tax exemptions
for qualified senior citizens residing in the Town of Patterson, as stated in
this Resolution, shall be increased $1,000.00 each year for a period of three
years, which increases shall become effective on July 1, 2007, July 1, 2008,
July 1, 2009 and July 1, 2010, respectively.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
Mr. O’Connor introduced the following Resolution for Adoption Local Law No. 3 of 2007
R0207-08
WHEREAS,
an amendment to the Patterson Town Code Chapter 142 to amend Chapter 142,
Article V, Section 142-11 of the Patterson Town Code entitled “Maximum Tax
Exemption Established” which amendment will amend the tax exemption for
qualified disabled persons with limited incomes, has been introduced before the
Town Board of the Town of Patterson, and
PATTERSON TOWN BOARD
TOWN BOARD MEETING
WHEREAS,
a public hearing was held on
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
Article
V, Section 142-11 of the Patterson Town Code entitled “Maximum Tax Exemption
Established” which amendment will amend the tax exemption for qualified
disabled persons with limited incomes, and
WHEREAS,
the proposed action constitutes an unlisted action under the implementing
regulations pertaining to Article 8 of the Environmental Conservation Law
{State Environmental Quality Review Act (SEQRA)};
NOW
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
issues a negative SEQRA declaration as this action requires no further review
under SEQRA, and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby amends
Chapter 142, Article V, Section 142-11 of the Patterson Town Code entitled
“Maximum Tax Exemption Established” which amendment will amend the tax
exemption for qualified disabled persons with limited incomes, and
BE
IT FURTHER RESOLVED, that Introductory Local Law I-2 of 2007 of the Town of
Patterson is hereby enacted as Local Law No. 3 of 2007 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. Herbst. All In Favor: aye. Carried.
STOP SIGNS
Mr. O’Connor made a motion to adopt an amendment to the Patterson Town Code, Chapter 150, Article 3, Section 156 entitled Stop Sign Intersections Designated as written.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
Mr. Molé stated Ed, please make an amendment to that because the copy you have doesn’t have the correct effective date on it. Please make the effective date upon approval of the NYS DOT.
Mr. O’Connor made a motion to amend the previous motion to include the Patterson Town Code, Chapter 150, Article 3, Section 156 entitled Stop Sign Intersections Designated would become effective upon approval from the NYS DOT.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
Mr. O’Connor introduced the following Resolution for Acceptance of
Estimated Budget of
R0207-09
WHEREAS,
PATTERSON TOWN BOARD
TOWN BOARD MEETING
maintenance
of the water quality and landfill gas monitoring in accordance with the
Post-Closure Monitoring and Maintenance Manual for the Town of Patterson
Landfill; and
WHEREAS,
STERLING ENVIRONMENTAL ENGINEERING, P.C. has estimated that the cost for the
required monitoring at the Landfill for the year 2007 will be $7,750.00; and
WHEREAS,
the Town Board of the Town of
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
accepts the estimated budget of STERLING ENVIRONMENTAL ENGINEERING, P.C. to
perform the annual post-closure monitoring and maintenance of the water quality
and landfill gas monitoring in accordance with the Post-Closure Monitoring and
Maintenance Manual for the Town of Patterson Landfill for the year 2007 in the
amount of $7,750.00, and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
QUIS CONTRACT
Mr. O’Connor made a motion
to enter into a contract with Michael Quis, CPA for the purpose of auditing the
annual financial reports from the Town of
Seconded by Mr. Herbst. All In Favor: aye. Carried.
GREEN CHIMNEYS – PERFORMANCE BOND
Mr. O’Connor introduced the following Resolution for the Establishment of Performance Bond for the
R0207-10
WHEREAS,
Green Chimneys School for Little People own a parcel of land at 400 Doansburg
Road identified as Tax Map No. 36.-3-19, and
WHEREAS,
the Planning Board of the Town of Patterson has received an Application for
site plan approval from Green Chimneys School for Little People in order to
construct various improvements on the lot, as shown on a site plan; and
WHEREAS,
a motion was made and carried by the Patterson Planning Board at its February
1, 2007 meeting recommending that the Town Board of the Town of Patterson find
that the cost of a bond, sufficient to cover construction and completion of the
site improvements proposed, is determined to be in the amount of $9,625.00,
with an inspection fee of $481.25, and
WHEREAS,
the Town Board of the Town of
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
establishes the amount of the performance bond sufficient to cover construction
and completion of the site improvements proposed for the Green Chimneys School
Site Plan, pursuant to the Town Code of the Town of Patterson as $9,625.00,
with an inspection fee of $481.25, and
PATTERSON TOWN BOARD
TOWN BOARD MEETING
BE
IT FURTHER RESOLVED, that the bond posted for the project be subject to prior
approval by the Town Attorneys, CURTISS, LEIBELL & SHILLING, P.C., as to
sufficiency and form.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
RAMIREZ BOND RELEASE
Mr. O’Connor introduced the following Resolution for Release of Cash Bond for the Ramirez Properties, LLC
R0207-11
WHEREAS,
Ramirez Properties, LLC previously executed a cash bond agreement with the Town
of Patterson dated September 18, 2006, and posted a cash bond in accordance
with said agreement in the sum of $293,000.00, and
WHEREAS,
the cash bond agreement and cash bond posted pursuant to said agreement was to
insure completion of the public improvements within the FUCA Subdivision,
located on East Branch Road in the Town of Patterson (the Property), and
WHEREAS,
Ramirez Properties, LLC has informed the Town of Patterson that it currently
does not wish to construct any of the subdivision improvements or develop
residential dwellings on the Property, and
WHEREAS,
Ramirez Properties, LLC has requested that the cash bond previously posted with
the Town of Patterson be released until such time as construction is commenced
on the subdivision improvements and/or any residential dwellings are
constructed upon the Property, and
WHEREAS,
Ramirez Properties, LLC has offered to place Covenants and Restrictions against
the Property to insure that a new bond be calculated and posted prior to
constructing any of the subdivision improvements and/or any residential
structures on the Property, and
WHEREAS,
the Town Board of the Town of Patterson is willing to permit the release of the
aforementioned cash bond upon the condition that Ramirez Properties, LLC
execute the Covenants and Restrictions attached to and made a part of this
resolution and file same with the Putnam County Clerk’s Office, Town of
Patterson Building Department, Planning Department and Town Clerk’s Offices;
NOW,
THEREFORE BE IT RESOLVED, the Town Board of the Town of Patterson hereby
authorizes the release of the $293,000.00 cash bond posted by Ramirez
Properties, LLC in connection with the Property upon receipt of proof that the
Covenants and Restrictions attached to and made a part of this resolution were
duly executed and filed with the Putnam County Clerk’s Office, Town of
Patterson Building Department, Planning Department and Town Clerk’s Offices.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
Mr. Williams stated are we replacing the bond with some type of agreement with the property owner.
Mr. O’Connor stated yes.
Mr. Molé stated it is in the resolution and attached to the resolution. There are covenants and restrictions.
HIGHWAY REQUEST – MATERIAL BIDS
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. O’Connor made a motion to authorize the Town Clerk to advertise for bids for highway materials as requested by the Highway Superintendent.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
ERNEST KASSAY – ABSENT
GINNY NACERINO
COPIER LEASE AGREEMENT
Mrs. Nacerino stated the lease is expiring on two of our Minolta copiers, one in the reception area in the Town Hall and one at the recreation center, on March 18th. Melissa Brichta researched this as to what our options would be; whether or not we want to lease or buy. The information that she obtained for the Board would be from Mr. Neubauer, AVP.
The fair market value lease for the recreation copier is as follows:
$381.90 for 36 months,
$318.02 for 48 months,
$263.86 for 60 months.
These prices are without a book finisher. With a book finisher the prices would be as follows:
$429.23 for 36 months,
$357.43 for 48 months,
$296.56 for 60 months.
The upstairs copier would be priced as follows:
$382.39 for 36 months,
$318.43 for 48 months,
$264.20 for 60 months.
The other option is the Canon. The lease amount would be a bit higher for the increments as specified but at the end of the lease we would only pay $1.00 and the machine would be ours. In comparison, the Toshiba for fair market value there is not an option for a 36 month lease.
The fair market price for the recreation center would be as follows:
$399.50 for 48 months,
$369.50 for 60 months.
The upstairs copier would be priced the same as the recreation copier.
The
With Neubauer’s we would be obligated to return the existing machines that we have here at the Town Hall and the recreation center for a fee of $1,481.00 but the prices are significantly lower than the Toshiba so they really are absorbed into the higher prices that we have here.
Mr. John Neubauer stated the question was what’s the difference (inaudible) finisher. Here is the brochure on the machine we are speaking about. It was printed, folded and stapled with a saddle stitch finisher. Here is the same piece of literature that’s printed
PATTERSON TOWN BOARD
TOWN BOARD MEETING
with the less expensive S-1 finisher which will staple but it will not fold and it will not place new staples down the spine as the saddle stitch.
Mr. Griffin stated is this something that you’ve spent time with at the recreation center.
Mrs. Nacerino stated I know the recreation center puts out their own booklets each year to announce their spring and fall programs so it is something that they will certainly utilize and in my opinion as Mr. Neubauer’s this certainly looks more presentable than a Xeroxed copy that is stapled in the corner.
Mr. Neubauer stated it costs $30.00 to $50.00 per month depending upon whether it’s a 3, 4 or 5 year lease for the same equipment otherwise the proposals are for the exact same equipment and just to give you an idea of exactly what’s in there is if you look at the very last page there’s a breakdown of how the Canon copier is assembled from a variety of different components and you could choose so if you look at that, all the proposals include the following items: the copier itself which has 2-550 sheet draws and does 45 copies per minute and there’s a choice of a platinum cover or in your case, the document feed that is in your proposal. The DADF is a recirculating double sided document feed so it automatically does double sided copies. There’s a paper deck that holds 2500 sheets of letter size paper. The saddle stitch finisher is a stand alone unit that can slide into the copier or slide away from the copier as needed. The other item that is in the proposal is the puncher unit. The puncher unit then punches on the fly so if you take ordinary copy paper you don’t have to buy 3-hole punch paper. The device is a printer and a scanner as well. You would select from the printer driver the 3-hole punch option or walk up to the copier and you’d press the finishing option and choose the 3-hole punch and put your originals in or send the job from your PC and the copier would 3-hole punch on the fly. The speed is affected by making booklets and I timed these. This booklet, which is an 11 x 17 double sided folding, was printed at the rate of 4 per minute.
Mr. Herbst stated none of these machines print in color do they.
Mr. Neubauer stated no. The decision was that the difference in cost wasn’t worth it for what you need. Color is available but it is more expensive.
Mrs. Nacerino stated it is very expensive to outsource booklets through various printing centers.
Mr. Neubauer stated the cost for service is .0087, so it’s 8.7 mils – 10 mils being a penny so it’s under a penny a copy and that service includes everything except staples and paper. If the copier breaks, we fix it; if the copier needs toner, it’s included in the contract; a drum fails, we replace the drum, no charges. All included, the only thing you pay for is paper and staples.
Mr. Griffin stated how many copies a month, a year are we going to be – are in the lease for the recreation center.
Mr. Neubauer stated 120,000 a year. We did the audit last year and we concluded that’s what your utilization rate was with your existing equipment. Your overage rate is the same so if you make 140,000 you would pay for 20,000 additional at .0087. There’s no penalty for that.
Mr. O’Connor stated when I’m at the recreation center I see mostly single and double sheets. How many booklets do they make.
Mrs. Nacerino stated they do their program booklets for fall and spring and to present something that looks like this instead of something just stapled makes all the difference in the world. We want to have a good presentation and they do do that quite often. They feel that this is something they would utilize and need.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Herbst stated I think the advantage being that even if we had to do something, we could always go to the recreation center and do it as well. We don’t need one here. We’re not getting one here, right.
Mrs. Nacerino stated no.
Mr. Herbst stated so it’s available to us as well and I see this as a big advantage.
Mrs. Nacerino stated what is the maximum number of pages that the saddle stitch book finisher would accommodate.
Mr. Neubauer stated it would do 16 pages.
Mrs. Nacerino stated regarding the two options we have here, could you explain in more detail how this dollar lease option works.
Mr. Neubauer stated what I quoted you on was an FMB lease, which is the most popular lease, and a dollar out lease which means that at the end of the term for $1.00 you would own the equipment. The dollar out lease is more expensive per month but if you add up you can then find out what your total cost of ownership is; for example on a 5-year lease the planning copier which is $284.78 per month multiplied by 60 and add $1.00, that would be your total cost of ownership. Compare that with the FMB lease which is $20.00 less per month, however with the FMB lease which is $264.20 per month multiplied by 60 then at the end of the lease you’ll either return the equipment without penalty or you buy it and the purchase is likely to be, and it’s not set in stone, 10% of the purchase price which in this case would be $1,390.00.
Mrs. Nacerino stated would it be to our advantage to buy a 5 year old machine that has been used excessively than to re-lease a brand new model at that point in time.
Mr. Neubauer stated if you are a high tech organization and you have huge volumes then an FMB lease is best for you because at the end of the lease the equipment is probably either technologically obsolete or worn out. If you are less than what the highest tech requirement and highest volumes are which I would classify the Town of Patterson as, bear in mind we’re talking about a copier that has a rated volume of 120,000 copies a month and your utilization rate is 120,000 a year, this copier is loafing at the rate that you are proposing use. You could double the use and the copier would still be well under ½ of its utilization rate. It’s reasonable to expect then at the end of 5 years if you had one million copies on this machine, you could keep it for another year or send it to another department where their utilization rate is somewhat less.
Mr. Griffin stated is Canon on state bid.
Mr. Neubauer stated yes. Your prices are substantially less than state bid.
Mr. Griffin stated then we’ve covered all of our bases legally.
Mr. Molé stated yes you have.
Mrs. Nacerino stated even if we buy it for $1.00 and we keep it and it is not utilized to the maximum that it could be, at that point in time in 5 years if there’s a new machine with lots of bells and whistles and technology changes and the machines are more efficient and more practical, etc. do you…
Mr. Neubauer stated faster, cheaper, better just like computers will be the case but on the other hand a copier is a copier and we’re talking about a copier that scans, scans to email, scans to file and it also prints but in 5 years there will be other bells and whistles but on the other hand you may have another location that they only need a copier. For that matter, you may be able to get another year or two. Because Canon is number one, the benefit to you is when this machine is 5 years old there’s plenty of other dealers out there
PATTERSON TOWN BOARD
TOWN BOARD MEETING
so if you are not satisfied with my service or you want to
sell it, it’s the most popular copier in the world new and therefore it’s going
to be a popular copier used. Canon image
runners consistently sell for more than anyone else’s copiers because there are
more of them. The supplies are readily
available, the service is readily available.
We service all the copiers at
Mr. Kutcha stated when you said that it could scan to file it implied that it is connected to a network. Are the models under consideration, since they are connected to a network, can they also function as printers.
Mr. Neubauer stated they can. They scan as .pdf, .tif or .jpeg.
Mr. O’Connor stated outside of the drum what is the warranty. If we had this copier for 60 months or five years, does your warranty cover other parts beside the drum.
Mr. Neubauer stated the standard guarantee is a 90 day guarantee. It doesn’t cover the drum or the toner. What we are offering you is from day one you pay .0087 and everything is covered except paper and staples.
Mr. O’Connor stated so if a spring breaks inside what is the coverage.
Mr. Neubauer stated we will fix it.
Mr. O’Connor stated is there a service charge on that.
Mr. Neubauer stated no, the contract covers everything.
Mrs.
Nacerino introduced the following Resolution for Authorization to Lease Copier Equipment for the Town
R0207-12
WHEREAS,
the Town of Patterson desires to lease two (2) copiers for use by the Town of
Patterson for the Town Hall and Recreation Center, and
WHEREAS,
Audio Visual Products, 2717 Route 22, Patterson, New York 12563, has offered to
provide said copier equipment for a term of 60 months at a monthly rate of Six
Hundred Four and 44/100 ($604.44) dollars, upon the terms and conditions
contained in the Municipal Lease Agreement and Service Contract, a copy of
which is attached hereto and made a part hereof, and
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
accepts the proposal of Audio Visual Products to provide said copier equipment
for a term of 60 months at a monthly rate of Six Hundred Four 44/100 ($604.44)
Dollars, upon the terms and conditions contained in the Municipal Lease
Agreement and Service Contract, a copy of which is attached hereto and made a
part hereof, and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mr. Herbst. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
ANIMAL SHELTER CONTRACT
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mrs.
Nacerino introduced the following Resolution for Acceptance of 2007 Contract with Putnam Humane Society
R0207-13
WHEREAS,
the PUTNAM HUMANE SOCIETY has submitted
the attached Agreement for Shelter Services to be entered into between the
PUTNAM HUMANE SOCIETY and the Town of
Agriculture
and Markets Law for the period commencing
WHEREAS,
the Town Board of the Town of
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of
BE
IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby
authorizes the Supervisor to execute the Agreement for Shelter Services and any
and all other documents necessary to give effect to this resolution.
Seconded by Mr. Herbst. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
LIBRARY CONTRACT – AMENDED
Mrs.
Nacerino introduced the following Resolution for Approval of Contract of
R0207-14
WHEREAS,
the Town of Patterson owns a parcel of property located at 1167 Route 311,
Patterson, New York and designated as Tax Map Number 3.-1-83 in the Town of
Patterson, Putnam County, New York (hereinafter referred to as the “subject
premises”), which parcel contains a building which is currently utilized by the
Patterson Justice Court and the Patterson Library Association, and
WHEREAS,
the library in said building is growing and is in need of more space to provide
services to the community, and
WHEREAS,
the
WHEREAS,
the Patterson Library Association has offered to purchase the subject premises,
and
WHEREAS,
the Town Board of the Town of Patterson finds that it is in the best interest
of the Town to move the Justice Court to a more suitable facility, and to sell
the subject premises to the Patterson Library Association, and
WHEREAS,
the Town of
WHEREAS,
the Town Board of the Town of Patterson has authorized and approved the sale of
the subject premises to the Patterson Library Association for the purchase
price of Six Hundred Thousand ($600,000.00) Dollars, subject to the approval of
the Town Board and the Town Attorneys of the terms of a contract of sale, and
PATTERSON TOWN BOARD
TOWN BOARD MEETING
WHEREAS,
said approval was subject to a permissive referendum, and the time for filing a
petition for a referendum in said matter has expired, and no one has filed a
petition for a referendum, and
WHEREAS,
a Contract of
WHEREAS,
after the sale of the aforementioned premises to the Patterson Library, the
Town of Patterson wishes to lease from the Patterson Library a portion of the
aforementioned premises for use of the Court area and Community Room for a
period of one year with an option for an additional one year period, upon the
terms and conditions contained in the Lease Agreement between the Town of
Patterson as Tenant and the Patterson Library as Landlord, a copy of which is
attached hereto and made a part hereof, and
WHEREAS,
the Lease Agreement for this matter has been drafted and negotiated between the
parties and the parties’ attorneys, and
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
approves of the terms of the Contract of Sale and Rider thereto for the
transfer of the subject property to the Patterson Library, a copy of which is
attached hereto and made a part hereof, and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby
approves of the terms and conditions of the Lease Agreement between the Town of
Patterson, as Tenant, and the Patterson Library, as Landlord, in which the Town
of Patterson leases from the Patterson Library a portion of the aforementioned
premises for use of the Court area and Community Room for a period of one year
with an option for an additional one year period, a copy of which is attached
hereto and made a part hereof, and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mr. Herbst. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
RECREATION REQUEST – SOFTWARE/UPHOLSTERY CLEANER
Mrs. Nacerino stated the recreation center has two requests; one for software and one for an upholstery cleaner. I would like to table the request for software until we have more information.
Mrs. Nacerino made a motion to approve Paul Fava’s request to purchase an upholstery cleaner at the Home Depot for the recreation center for an amount not to exceed $459.95.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
VACATION REQUESTS
Mrs. Nacerino made a motion to approve the vacation requests as written.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
CLS CONTRACT – AMENDED
Mrs. Nacerino introduced the following Resolution for Acceptance of 2007 Contract between Curtiss, Leibell
& Shilling and the Town of
PATTERSON TOWN BOARD
TOWN BOARD MEETING
R0207-15
WHEREAS,
Curtiss, Leibell & Shilling, P.C. has submitted the attached contract
between Curtiss, Leibell & Shilling, P.C. and the Town of Patterson for
legal representation on behalf of the Town of Patterson for the period
commencing January 1, 2007 and terminating on December 31, 2007; and
WHEREAS,
the Town Board of the Town of
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
approves the contract between Curtiss, Leibell & Shilling, P.C. and the
Town of Patterson; and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby
authorizes the Supervisor to execute the contract between Curtiss, Leibell
& Shilling, P.C. and the Town of Patterson and any and all other documents
necessary to give effect to this resolution.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
ACCEPT STIPULATION OF AGREEMENT
Mrs.
Nacerino introduced the following Resolution for Authorization to Sign Stipulation of Agreement
R-0207-16
WHEREAS,
a disciplinary proceeding was commenced by the Town Board of the Town of
Patterson against Paul Piazza, Building Inspector of the Town of Patterson,
pursuant to the Notice of Discipline dated October 30, 2006, and
WHEREAS,
Piazza through his attorney filed an Answer dated
WHEREAS,
a disciplinary hearing was conducted on various dates before Hearing Officer
Peter Prosper, in which the Town of Patterson and Paul Piazza appeared
represented by their respective counsel, and
WHEREAS,
the parties desire to settle this disciplinary matter in accordance with the
terms negotiated by and between the parties through their respective legal
counsel, without continuing with the hearing, and
WHEREAS,
the parties have agreed to settle the aforementioned proceedings pursuant to a
Stipulation of Agreement to be signed by all parties to the proceedings, a copy
of which is attached hereto, and
WHEREAS,
the Town Board of the Town of
WHEREAS,
the Town Board of the Town of Patterson wishes to authorize the Supervisor of
the Town of Patterson, the Town Board Members of the Town of Patterson, and the
attorneys for the Town of Patterson, to sign the Stipulation of Agreement and
Confidentiality Agreement, copies of which are attached hereto, to settle the
aforementioned proceedings;
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of
PATTERSON TOWN BOARD
TOWN BOARD MEETING
the
Town of Patterson, and the attorneys for the Town of Patterson, to sign the
Stipulation of Agreement and Confidentiality Agreement, copies of which are
attached hereto, to settle the aforementioned proceedings.
Seconded by Mr. O’Connor. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
Audience member asked what is that stipulation.
Mr. Molé stated the stipulation is subject to a
confidentiality agreement. If you put in
a F.O.I.L. request, the Town will address it at that point, but it’s not for
public release at this time. Potentially it may be if the court orders it to be
but it’s subject to confidentiality between the Town of
HONORABLE MENTION – 2ND LT. MICHAEL P. GUMB,
USMC
Mrs. Nacerino stated it is with a source of pride for the
Town that many of our young men and women are serving in the armed forces. I would like to honor our own 2nd
Lt. Michael P. Gumb, USMC. Michael is
presently serving in
MICHAEL
BURDICK BARN – CONTRACT
Mr. Griffin stated we have received a copy of the proposed agreement of sale. Unfortunately because of so many other contracts and with other things going on and the deadline with our funding request from our new congressman, I didn’t get a chance to work on this until this evening. On page 1, section 2 I would recommend or suggest that we consider the following language: “Purchaser agrees to remove the barn and all parts thereof, except Purchaser may leave structural foundation and retaining walls as determined by the Town’s Engineer and concrete and cinder block debris that has been disassembled and leveled so as not to create a hazardous condition on the Town’s property.”
Mr. Molé stated I read the language earlier tonight and it looks fine to me.
Mr. Griffin stated if you read the last part of that sentence that he has in his contract is, and I’m suggesting it be deleted, “in the form and condition as it currently exists.” He’s saying I’m going to leave what you let me leave in the form and condition that it currently is in.
Mr. Molé stated just a point of correction. He hasn’t seen the contract yet, this is the contract that we drafted in preparation to send to him. I just wanted the Town Board to put their comments in before we send it out.
Mr. Griffin stated on page 3, section 11 “bond in the sum of $______” should be $65,000.00 which was discussed that we could demolish the building for or should there be a problem and page 3, section 12 “completed no later than ________, 2007” should be
Mr. Molé stated I will insert those corrections and forward it to Mr. Kursh’s attorney.
BEAR HILL ESTATES – FOLLOW-UP
Mr. Molé stated it was my understanding that Mr. Liguori was going to provide a few options as far as how to go about it. I haven’t received anything yet. I don’t know if the Town Board or Town Planner has it.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Williams stated I’ve had a conversation with Mr.
Liguori, the attorney for the applicant and they’ve agreed at this point to
just simply prepare a subdivision plat for the
Mr. Kutcha stated when this came before the Zoning Board I asked them, the subdivision is not a nice subdivision, about the possibility of moving the road at that time and in looking at the traffic study for Patterson Crossing and the Fair Street and Route 311 intersection, I think that Bear Hill Road is going to create a problem in its current location and may end up being realigned with Fair Street to make a four way intersection. Have you thought at all about that. Is this going to come before the Board again.
Mr. Griffin stated it wouldn’t be for this Board’s consideration. What we were asked to do was make a determination if this was an official Town road; whether it was a dedicated Town road or a road by use because that would have a considerable difference in terms of the lot count. The individual is claiming it is a dedicated road which defacto creates a subdivision for him whereas if it is a road by use then they own and the Town has a right of way over it, which does not create the subdivision for him. The last conversation we had with Mr. Liguori was he was looking for a determination from this Board that it was a dedicated road and then therefore defacto he had his subdivision. We left it at he was going to come back to us with additional information and follow up on some of the research he had done. As to realigning or anything of that sort that is certainly not within the purview of the Town Board at this time. Is he actually going in front of the Planning Board.
Mr. Williams stated that is my understanding from our discussion, yes.
Mr. Griffin stated if they want to consider moving the entrance, then that is a possibility.
Mr. Williams stated all we are looking to do is take an existing road, a road by use, and put it within a 50 ft. wide right of way. I don’t know what the impetus would be to talk about realigning the road. There isn’t any substantial application before the board which warrants a traffic analysis which would lead to that conclusion.
Mr. Kutcha stated I have a funny feeling that this is going
to come before the Board again. Those
intersections are less than 100 ft. apart and if a traffic light ends up at
that intersection, stopped cars at that intersection would be blocking entrance
to
Mr. Molé stated Rich, wasn’t there discussion at the Planning Board earlier on where the Planning Board came to the Town Board as far as moving the road for other purposes. I seem to recall there being a discussion and the engineers saying it couldn’t be moved for various reasons.
Mr. Williams stated whether you are going to realign the road or not and insist that some applicant do it, there has to be some sort of nexus between the cause and the effect; why you’re having it moved otherwise we get into a situation where it becomes a regulatory taking. The Planning Board, Gene Richards and myself have done a site walk on the property and we certainly would love to see a realignment as Dan has talked about and also something done with the overall road geometry because the vertical rise coming into there is pretty steep, pretty significant. I’d like to see that straightened out, however it
PATTERSON TOWN BOARD
TOWN BOARD MEETING
comes down to that cause and effect and requiring a developer to lose a lot and for the Town to then step in and take a substantial portion of his property; I think we’d be in a lot of trouble if we tried to push that one.
Mr. O’Connor stated if we didn’t ask for realignment in the elevation and just put in the entrance, would that still be – if it is an appropriate entrance, it’s not a taking, it would be just cause.
Mr. Williams stated if we could demonstrate as part of a subdivision or site plan that there’s a substantial environmental impact associated with some proposed action and we could show that this is the way it needs to be mitigated to bring that impact down to predevelopment levels, we certainly have the ability to make that happen. We can’t just say there’s an existing problem and tell them to fix it whether they are impacting that problem or not.
Mr. O’Connor stated but we are not accepting it as if it were dedicated back in the 1930’s, correct. As part of the new site plan for the subdivision, wouldn’t it be appropriate to make changes if needed.
Mr. Williams stated yes, if there is a nexus between proposed impacts and certainly we are going to evaluate that.
BARJAC LETTER –
Mr. Griffin stated we received a letter from Gilberti, Stinziano, Heinz & Smith, P.C. stating the following: “Our client Barjac Realty has submitted an application request for site plan approval to build an equestrian center on a 42.43+ acre parcel which they own.” For everyone’s information, the parcel is Peckham’s. The frontage is near Sauro’s on Route 311 and there is one problem that has been identified and that is the fact that illegal mining took place on this property for an extended period of time, however the attorneys are claiming that one has nothing to do with the other so we have to entertain their proposal.
Mr. Molé stated I looked at the letter and I told the Zoning Board I would provide case law to them that I think is more important than the case law that is provided by Barjac’s attorneys.
Mr. Griffin stated their attorneys found case law that makes their case, but I think their case law is off point.
Mr. O’Connor stated their case law seems to refer to violations that were corrected and…
Mr. Molé stated prior violations.
Mr. O’Connor stated and they are being re-punished as retribution. If they were existing violations, it is different. They are asking for a new permit when they have to clear everything else up first.
Mr. Herbst stated where would the entrance to that property be.
Mr. Griffin stated on Route 311 in proximity to Sauro’s Deli. There’s a house and then there’s a section that’s wide open and then there’s the yellow house with the eagle stump. I think it’s between those. Anthony will research this and have an opinion as to what to tell Barjac’s attorneys.
PAA ACT 2005 – COMPLIANCE
Mr. Griffin stated I spoke with Mr. Curtiss regarding this yesterday. He is going to prepare letters to all the various groups and organizations that receive Town funding that will be required to comply with these regulations.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Molé stated yes. We are working on sending the letters.
COMMUNITY PRESERVATION ACT – DISCUSSION
Mr. Griffin stated has everyone looked at the paperwork and the Town Planner’s memo. Does anyone want to consider this in any way. We have a window of opportunity with
our legislator’s in
Mr. Williams stated they are looking to put in state wide legislation that would allow us this flexibility to undertake this type of (inaudible).
Mr. O’Connor stated is this 2% tax on property sales.
Mr. Griffin stated yes, over the median price of a
home. The average high price of a home
is $550,000.00 in the Town of
over that price. This is very detailed.
Mr. Griffin read the following: “onerous plan has to be put together; you have to create a board of either 5 or 7 members, which would evaluate the properties, etc.” Does the Board want to consider this.
Mr. Williams stated all you are being asked at this point is to support legislation that is being considered at the state. Assuming that the state finds it favorably, then at that point there is a whole procedure if the Town wants to then impose the (inaudible) the Town is under no obligation under the way it is currently written to impose the 2% tax. It is at the discretion of the Town. If you do decide to go forward with this 2% tax, then there are a lot of other things including having a plan in place, setting up an advisory board that you would have to undertake.
Mr. Herbst stated who sets the 2%. Did the state set it.
Mr. Williams stated the state establishes the ability for the Town to collect the 2%.
Mr. Herbst stated then what happens. How much do we have to kick back to the state.
Mr. Williams stated nothing. It goes to a dedicated fund.
Mr. Herbst stated how do we stop them from raising it constantly. 2% this year could be 5% next year, etc.
Mr. Griffin stated there is a discussion in the memo that relates to affordable housing, etc. There is a lot to consider. If you would like to debate this or research this or think about it some more, we could bring it up at the next meeting.
Mr. O’Connor stated this is subject to a mandatory referendum.
Mr. Williams stated correct.
Mr. O’Connor stated not a permissive.
Mr. Williams stated no, it is not a permissive, it’s a mandatory referendum to go to the Town.
Mrs. Nacerino stated I would like to table this and give it some more thought.
Mr. Griffin stated ok.
QUEST PROPOSAL – ASBESTOS SURVEY
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin introduced the following Resolution for Acceptance of Proposal of Quality
Environmental Solutions and Technologies, Inc. (QuES&T) for Environmental
Consulting and Remediation Services
R0207-17
WHEREAS,
Quality Environmental Solutions & Technologies, Inc. (QuES&T) has
submitted the attached proposal for Pre-Demolition Asbestos-Containing Material
Surveys for the three residential structures behind the Town of Patterson Town
Hall; and
WHEREAS,
the Town Board of the Town of
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
accepts the proposal of Quality Environmental Solutions & Technologies,
Inc. (QuES&T); and
BE
IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
BUILDING CODES LOCAL LAW – 1203 COMPLIANCE
Mr. Williams stated we previously had given the Board a Local Law so what you would be doing is introducing that local law.
Mr. Griffin introduced the following Resolution Introducing Local Law I-3 Providing for Public Notice and
Hearing
R0207-18
BE IT RESOLVED that an amendment to Patterson Town Code Chapter 64, entitled "Building Construction,” is hereby introduced by Michael Griffin, as Introductory Local Law #I-3 of the year 2007 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, 2007, and
BE IT FURTHER RESOLVED, that the Clerk publish or cause to be published a public notice in the official newspaper of the Town of Patterson of said public hearing at least five (5) days prior thereto.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
ZONING BOARD REQUEST – 2 FAMILY CLARIFICATION
Mr. Griffin stated I received a memo from the ZBA as follows: “The ZBA is respectfully requesting the Town Board provide the ZBA with guidelines regarding how they wish the Board to proceed with applications for 2-family residences located in the RPL-10 zoning districts including what dates should be used to establish pre-existing, nonconforming status of (inaudible).” Didn’t we do this already and come up with 1938 as the first code.
Mr. Williams stated at the Board’s request, I did extensive research on the past zoning and provided the Board a memo with what the permitted uses were in the various zoning
PATTERSON TOWN BOARD
TOWN BOARD MEETING
districts through the ages as it relates to 2-family homes. The ZBA is asking for more clarification.
Mr. Griffin stated that would be…
Mr. Williams stated what I’m going to propose is that Anthony and I work up a policy statement that we would provide to the Town Board and Zoning Board of Appeals at which time you could consider that and if everyone is in agreement with that then it could be adopted and moved forward and it would set to paper the issues and how they need to be addressed.
EXECUTIVE SESSION – LEGAL/PERSONNEL
Deferred until end of meeting.
OTHER BUSINESS
None.
PUBLIC RECOGNITION
Mr. John Taylor stated I would like the Town Board to be aware of an incident that occurred over a period of seven days with regards to Comcast, our local internet, cable service and telephone provider. I have a two page document that indicates the problems I’ve had with them. I will say that on last Wednesday, my premium channel service went out and I was told that it had to do with a cable card that I had in my television and also that every cable card holder in the Town of Patterson was experiencing the same problem. During the next seven days before it was finally resolved, I met with what I would consider a scary incompetence among the technicians of Comcast. During their attempts to rectify the problem and restore my premium services, they disconnected my internet services twice. If there is any point in the future where there is competition for cable service in the Town of Patterson, that we openly invite anyone to come in because there has to be a better service than Comcast.
Mr. Herbst stated John, did you say you had that written down.
Mr. Taylor stated that’s a documented chronological order of what happened.
Mr. Herbst stated I’m at Comcast almost every other day so why don’t you give me a copy of that and let me talk to them and see that this does not happen again.
Mr. Joe D’Imperio stated I just want to know how we stand with the letter I submitted about the abuse to the Town truck with the code compliance officer. Where do we stand with it.
Mr. Herbst stated it is in the hands of the attorneys right now. Mr. Dapuzzo is in the hospital so I can’t get any more…
Mr. D’Imperio stated he’s out of the hospital now.
Mr. Herbst stated he’s home, but he’s still not well enough for me to get any statements from him. It is in the hands of the attorney and when they’ve made their recommendations then I’ll be happy to let you know where we are at.
Mr. D’Imperio stated what is exactly in the hands of the attorney.
Mr. Herbst stated your letter, Ray’s letter and Mr. Dapuzzo’s answers.
Mr. D’Imperio stated how about the necessity of the use of the vehicle to and from Town Hall to his house. Why are we paying for him to go to work. He doesn’t do anything
PATTERSON TOWN BOARD
TOWN BOARD MEETING
until he gets here and he hears his answering machine or he gets a written complaint from Antoinette or whoever else gets a complaint. Why does he have to have a Town vehicle at our expense to abuse. I can see him coming out of Pawling, I see him at the A & P in Brewster, at the A & P over here, plus the flying club. He never goes places so why doesn’t that vehicle sit out there in the parking lot just like the building inspector’s car did for 4 or 5 years since John used it every day and it was stopped in (inaudible) why isn’t that vehicle sitting out here. Why are we reaching into our pocket and paying for his price of gas for him to go back and forth to the A & P. The other thing, when I submitted that letter, I sat right here – stood right here waiting for some information on Chris; 20 minutes after I confronted him in the parking lot, he showed up and his bags were out of the truck which meant that he came from Putnam Lake to the A & P in Patterson. When I confronted him, he took the truck and went back home, dropped the bags off and then came back here because the bags were out of the car. That’s two trips; wasted trips, taxpayer’s money. Is the Town Attorney entertaining the use of the vehicle period to go back and forth to work.
Mr. Griffin stated he is entertaining everything you raised in your letter.
Mr. D’Imperio stated I didn’t raise that in the letter as
far as the use of the vehicle to and from
Mr. Griffin stated yes it does. He is called and there are times where if
there is something in
Mr. D’Imperio stated I’ve got some pictures right here Mike,
if I could show them to you, they’re a couple of feet away from his front
door. You don’t need a Town truck to see
this. It’s going on now for over three
months. The arrow shows
Mr. Griffin stated what are we talking about, the cars.
Mr. D’Imperio stated we’re talking about – take a look at the cars. I’ve got close up pictures. They have no plates on them. Multiple vehicles parked on the roadside.
Mr. Griffin stated so are you lodging a formal complaint.
Mr. D’Imperio stated yes.
Mr. Griffin stated ok, good.
Mr. D’Imperio stated I want to know how come that hasn’t been taken care of when he passes it and he goes out of his way to abuse other people; to abuse them, because if you’re not taking care of them at the bottom of his road and you’re going out of – off the main road, you’re abusing that individual because you’re not taking care of this one. If he took care of both of them then it wouldn’t be abuse. He’s doing that at our expense.
Mrs. Nacerino stated is he abusing or enforcing. Are you trying to say he’s enforcing some and not others.
Mr. D’Imperio stated he made a total error in his complaints
and had to throw the whole thing out so he’s abusing that individual. In other words if he is taking care of one
Ginny, that’s off the beaten path and he’s not taking care of the one that is
right in front of his own door and (inaudible) he’s abusing the system. Selective enforcement (inaudible) it doesn’t
carry or it shouldn’t carry. All I’m
interested in is adding on to that letter or that complaint is he shouldn’t be
allowed to use that vehicle from
Mr. O’Connor stated obviously I think we could certainly use a vehicle use policy as far as shopping is concerned. Where I used to work we had a written policy as to what
PATTERSON TOWN BOARD
TOWN BOARD MEETING
people could and could not do with vehicles that were assigned to them. We couldn’t deviate from our normal route in order to take care of personal business.
Mr. D’Imperio stated it doesn’t pertain to shopping, the use of the vehicle. So how do we find out if there is anything in our contract like that.
Mr. O’Connor stated to my knowledge there is not.
Mrs. Nacerino stated do we have a vehicle policy at all.
Mr. Herbst stated not that I know of, no.
Mr. D’Imperio stated well you (inaudible) vehicle policy it has to say that an employee – a person who is not employed by the Town can’t drive.
Mr. O’Connor stated or even be in the vehicle.
Mr. D’Imperio stated (inaudible) something written out.
Mr. Merlotto stated Dapuzzo has been abusing the system from the day they hired him. You people all read his report, his monthly report; you accept that right. It’s sad to say that you really do. This vehicle is parked and we pay the lady downstairs to use her personal car for mileage, we pay the dog catcher money for mileage to use his personal vehicle and the vehicle stays parked 21 hours a day in front of his house for his convenience, nobody else’s. I don’t get paid to travel to work, do you get paid to travel to work, do you get paid to travel to work, do you get a car (inaudible). Why does he have a car to go to work with. Who is his rabbi (inaudible) that he get this and the services he gives back, he beats us to death. He has an expense account, he gets a pension. I don’t know how to say this, I think he’s stealing from the taxpayers. He chases ATV’s, that’s not under his purview, he chases gun shots on the day of 4th of July, is that under his purview.
Mr. Griffin stated yes.
Mr. Merlotto stated it is, gun shots. Is he a law enforcement officer.
Mr. Griffin stated noise; there are certain sections of the code he enforces i.e., noise abatement, etc., etc.
Mr. Merlotto stated you tell me when there’s hunting season, he’s going to (inaudible) all the hunters.
Mr. Griffin stated Ray, I don’t have personal knowledge of what you are talking about.
Mr. Merlotto stated take his reports, don’t just sign them, read them and then justify to me that this is warranted. He should even be fired. The money he’s cost this Town and you give him pension on top of it.
Mr. Griffin stated the state gave him a pension and he bought the time back.
Mr. Merlotto stated it’s sad.
There being no further business, Mr. Herbst made a motion
to go into Executive Session at
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
Mr. O’Connor made a motion to close Executive Session
at
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Seconded by Mrs. Herbst. All In Favor: aye. Carried.
There being no further business, Mr. Herbst made a motion
to adjourn the Town Board meeting at
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
Respectfully submitted,
________________________________________________
ANTOINETTE KOPECK, TOWN CLERK