PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
MARCH 10, 2010
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
KEVIN BURNS, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
EDMOND O’CONNOR, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
TIMOTHY CURTISS, TOWN COUNSEL
ABSENT: JOSEPH CAPASSO, COUNCILMAN
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 35 in attendance.
GRANT WRITING PRESENTATION
Mr. Fred Krone, Sr. Project Manager of GEMS stated we are a grant writing community and project development firm located in Upstate New York. We have been contacted by Councilman Capasso to take a look at the Recreation Center to see if there was anything we could come up with in terms of grant funding for some issues facing the Recreation Center like the air conditioning, flooring issues, leaky roofs, etc. I constructed up a proposal for Mr. Capasso and I believe he brought it to you at the last meeting and you had some questions. I’m here to answer any questions you may have.
Mr. Burns stated I think the primary question was are you applying for State Funds, Federal Funds or what types of funds. What qualifications would the Town have to have in order to qualify for those grants. I think it was all geared toward this being an emergency shelter, which it seems it is.
Mr. Krone stated I understand that the building doubles as an emergency shelter. If emergency shelter grants were available right now some EOC grants had just passed a couple of months ago. We would have looked at those grants to address the needs of the Recreation Center. Since it is a multi-purpose building, we looked at other types of grants both State and Federal that may be able to be used to address some of the issues facing that building. To answer your question, both State and Federal Programs.
Mr. Burns stated can you tell us about a couple of the programs that might qualify.
Mr. Krone stated the first program off the top of my head that isn’t on the list is a Community Facilities Program through the USDA. There are some rural issues on whether or not you qualify for rural. There are median household income issues that we would have to do some demographics analysis on but we believe you could utilize that program to address some of your needs. Some of the other ones that we highlighted was the Community Development Block Grant Program which is due April 23, 2010. If you wish to pursue that we would have to act diligently to get the required Public Hearings in place. Also, through the Division of Housing Community Renewal there is a rural area Revitalization Program, which we felt could help address some of the needs of the building. There is an existing facilities program through the New York State Energy Research and Development Authority that could also be used. Some of the things that were brought up were conservation of energy measures such as the installation of PV’s or geothermal systems. We identified that program as possibly being able to help. On the Federal side there is the US Economic Development Authority with Recovery Act Funding that is due in June and September. Our argument is the Recreation Center provides a haven for the youth while the parents are at work to promote economic development. We would like to
increase the number of programs that are offered in the summer time at the Recreation Center. That was our spin on trying to get the Federal Funding Program.
Mr. Burns stated what steps do we have to take for the April 23 program. Do we have to file by April 23, 2010.
Mr. Krone stated we have to do a SEQRA hearing, which is a (inaudible) because it is a type 2 action to install the air conditioning system in the Recreation Center so we have to follow SEQRA process. There are two required Public Hearings, one to announce the intentions of the project, to gather public input and the second to officially adopt a resolution in support of the project. They can be 10 days apart but they have to be two meetings.
Mr. Burns stated is there a cost to the Town for writing these grant proposals.
Mr. Krone stated yes.
Mr. Burns stated will you break it down for us by grant or is it one sum for all grants applied for.
Mr. Krone stated you can do it both ways. If you just want us to keep an eye on what is out there and submit to you reports monthly on what is there, we can do that. If you want to go through a shopping list of individual grants and say you want to do this one, this one, and this one, we can itemize that. Usually what we find is the most beneficial is that we charge a monthly fee, we implant ourselves in the community, and we participate in monthly meetings, meet with Department Heads and get an idea on what is going on within the community as a whole and it will work for every department under one roof to get everything done. Since I was approached about the Recreation Center we designed the proposal around the Recreation Center. If the Town of Patterson would like as a whole to utilize our services we can just change the name.
Mrs. Nacerino stated how many months would you expect to be here at $2,500.0 per month.
Mr. Krone stated I’m here as long as you want me here. If our services do not prove beneficial to you, there is nothing in this contract that says you can’t kick us out.
Mrs. Nacerino stated but how long would it take you to achieve the goal.
Mr. Krone stated I have gotten grants in 45 days and 90 days. I have gotten grants in two years. It depends on the programs, the deadlines, your willingness to participate and getting these Public Hearings in order. The quickest we even got funding was 45 days; the longest was a year and a half. We will be here until you felt that our value no longer existed. How many grants do we usually get in one year for one community, it depends on the needs of the community. It could be 3 to 5, depending on the programs.
Mrs. Nacerino stated but we are specifically targeting the Recreation Center, the air conditioning, the roof and the gym floor. My question is curtailed to the Recreation Center. We need to know how much we are expending and what is the success rate in securing these funds.
Mr. Krone stated with the first couple of programs mentioned in the proposal, 100 percent. With some of the other ones, I never applied for Economic Developing Funding. It is an ARRA program that was put out by the Economic Developing Authority. I don’t have a track record on that program. With Community Development Block Grant Programs we do have a track record. We are known by the agencies.
Mr. Burns stated if we give you a shopping list of four or five grants that we could apply for and we say we just want you to focus on the Recreation Center and apply for these three or four grants and do you charge a lump sum or on an hourly basis for the purposes of submitting those grants, if we just do a shopping list.
Mr. Krone stated if we just do a shopping list, each grant would be itemized as a cost item based on the amount of work we expect it to take to complete. If you did the shopping list we could
hand you an itemized list. The Block Grant with cost “X”, the Economic Development Grant is going to cost “Y” and the other grant will cost “Z” and you can choose from there whether or not you want to go forward with one or the other and we can take it from there. The Block Grant is due April 23, so after that date we won’t be doing Block Grants anymore. The other grants are due in June, so I expect if you were to work with us we would be here the rest of March, April, May, and the end of June unless there are programs out there and you don’t have a need for us or any other issues you can cut us loose.
Mr. Burns stated how quickly could you give us an estimate if we wanted to focus on the Block Grant right now.
Mr. Krone stated the Block Grant is $2,000.00.
Mrs. Nacerino stated would the Block Grant be for the air conditioning.
Mr. Krone stated yes. The idea behind the Block Grant would be to focus on the air conditioning system and I know there are some flooring issues but it doesn’t necessary pertain to the safety of the building. I would concentrate on the air conditioning and the roof. That is roughly $250,000.00 to $300,000.00 off the top of my head.
Mrs. Nacerino stated are you confident you could secure funding.
Mr. Krone stated I wouldn’t be here if I wasn’t.
Mrs. Nacerino stated we have invested some money in studies and engineering studies and these issues came before us last year and we are going to proceed with caution.
Mr. Krone stated sure. If you would like I can contact the office of Community Renewal, discuss with them specifically this project and give you our feedback. That is perfectly fine. I can call Jessica tomorrow morning.
Mr. Griffin stated there seems to be a certain amount of Emergency Management Shelter aspect to this grant. You are aware of the fact that the back-up generator was never designed to run the air conditioning.
Mr. Krone stated yes I was told that. That is another reason why we are exploring the PV to reduce energy consumption or geothermal to offset the energy demand or the installation of a bigger generator.
Mr. Griffin stated does anyone have any questions at this time.
Mr. O’Connor stated you made an offer to contact some of these people for more specifics, can you do that.
Mr. Krone stated yes, if you would like.
Mr. O’Connor stated yes.
Mr. Griffin stated did you see the air conditioning plan that Mr. Capasso has brought forward.
Mr. Krone stated I saw the existing air conditioning system. I took a walk to the Recreation Center. I saw a floor plan diagram of the facility but I did not look at any specific blueprints or plans for the new air conditioning system at all.
Mr. Griffin stated I wouldn’t say he has a very detailed plan, however no engineering has been done and no specific dollar amounts have been assigned other than a friend of his helped him with it and through a guesstimate out there. It is generally, in our experience, not going to be near enough information to move on a grant.
Mr. Krone stated when it comes to developing cost estimates, we will do several different things to derive an estimate. We will contact vendors to give them the specs on the system and quotes. We will use cost estimating software that is accepted by Federal and State Agencies to develop budgets.
Mr. Griffin stated you are aware of the fact that based on the State and Local Town Procurement Policy that this will have to be sealed bid.
Mr. Krone stated yes.
Mr. Griffin stated so contacting vendors for prices may eliminate them from the possibility of bidding.
Mr. Krone stated it may but we would utilize vendors that are not in the immediate service areas.
Mr. Griffin stated I want to make sure we are clear here because if we have to go out and spend $20,000.00 to $25,000.00 on an engineer to get a design plan that is capable of going out to bid, that will have a huge effect on this. At one point, Mr. Capasso had stated unless we have the grant we weren’t going to go forward with this. Sometimes you get back to the chicken and the egg which comes first. Can you chase grants without a detailed plan, bid specifications, etc. or can you throw out an idea and see who……….
Mr. Krone stated you can do that. You can write the cost of developing the engineering plans into the cost of the grant.
Mr. Griffin stated can you get back to us after you speak to them.
Mr. Krone stated I will get a hold of you tomorrow afternoon after I speak to Jessica.
Mrs. Nacerino stated will we have enough time to pursue this if we so choose. We wouldn’t be able to address this until the next Town Board meeting. Would that give us enough time for the Public Hearings and all the necessary……
Mr. Krone stated no it would not so if you did choose to do this it would be a little bit of diligence on everyone’s part. I would bring the entire team down, meet with everyone and discuss what would need to be done and when. We would organize what dates we could meet and how and what time, everything. We would get that all straightened out in one meeting and away we would go.
Mr. Burns stated why don’t we start with who he is going to report back to as far as what he finds out from the phone call.
Mr. Griffin stated I will be here tomorrow.
Mr. Burns stated ok. Let’s have him report back to Mike and Mike can email us if we need a special meeting.
Mr. Griffin stated no one in the audience has any questions. Ok, thank you for your time.
REPORTS
Mr. Griffin made a motion to file the reports as read.
Code Compliance-January 1/11-14, 1/25-29/2010; 2/1-5/2010
Code Enforcement- January 2010
Dog Control Officer- January 2010
E.C.I.- January 2010
Putnam Lake Fire Dept.-None
Patterson Fire Dept.-None
AUDIT OF BILLS
Mrs. Nacerino made a motion to accept the abstract as written:
General Fund $36,590.62, Highway Fund $11,380.18, Patterson Fire District $76.36, Waste Water Treatment Plant $492.90, Library $30.33, Putnam Lake Light District $1,618.00, Patterson Light District $1,606.13, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $21,394.74, Patterson Park District $502.88; Alpine Water District $750.00, Fox Run Water District $21.16, Grand Total Abstract $102,985.32.
Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.
MICHAEL GRIFFIN
EMPIRE ZONES RESOLUTION
Mr. Griffin introduced the following Resolution for Ratifying the Establishment of an Empire Zone for the Town of Patterson:
R-0310-01
WHEREAS, the Town Board of the Town of Patterson finds that it is in the best interest to establish one or more Empire Zones within the Town of Patterson in order to stimulate private investment, private business development and job creation by offering special incentives and assistance that will promote the development of new businesses and the expansion of existing businesses.
WHEREAS, the Town Board of the Town of Patterson by resolution dated May 13, 2009 made application for the designation of three Empire Zones within the Town of Patterson, and
WHEREAS, the Putnam County legislature on January 29, 2010 approved an amendment of Putnam County Local Law #6 of 2007 to apply for an Empire Zone Boundary Amendment to include “Region 4 Patterson Hamlet, Region 5 Putnam Lake A, and Region 6 Putnam Lake B” in the Putnam County Empire Zone, and
WHEREAS, the Town Board of the Town of Patterson wishes to support the submission of an application by the County of Putnam to the State of New York for an Empire Zone Boundary Revision to incorporate the aforementioned areas within the Town of Patterson;
NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Patterson hereby ratifies the determination of the Putnam County Legislature made on January 29, 2010 to amend Putnam County Local Law #6 of 2007 and submit an Empire Zone Boundary Amendment to include from the Town of Patterson “Region 4 Patterson Hamlet, Region 5 Putnam Lake A, and Region 6 Putnam Lake B” in the Putnam County Empire Zone
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
FOX RUN PHASE II
Mr. Griffin stated at the last meeting we received a significant amount of information from the sponsors of the project relative to this becoming a 55 and older community. I assume everyone has had an opportunity to review the information. Are we satisfied on what we have been given.
Town Board members stated yes.
Mr. Griffin made a motion to authorize the Town Planner to draft the law to move this and the Local Law and to refer it to the Planning Board for review.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
MS4 PROGRAM
Mr. Williams stated we spoke about this at the Work Session. This is regarding Stormwater Management Retrofit Program that the Town has to implement and how the Town is approaching it. Not only is the Town approaching it but all the municipalities in Putnam County. I met with the Stormwater Advisory Committee yesterday and we came back with a specific recommendation. I was hoping to have that for you in writing for tonight but an issue that came up today precluded me from getting that completed. I would like to hold this over until the next meeting.
Mr. Griffin stated very good.
WAIVER OF FEE REQUEST FOR 3/11/10 PRESENTATION
Mr. Griffin stated we have a letter from Jacqueline P. Evans requesting the use of the Recreation Center and waiver the fee to make a presentation to the residents of the Town relative to Winding Glades rally car proposal that is working its way to the Town.
Mr. Griffin made a motion to approve the request of the waiver of fees for the racetrack presentation at the Recreation Center.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
COURTHOUSE PROJECT – AWARD BIDS
Mr. Griffin introduced the following Resolution for Acceptance of Bid for HVAC Contract for the Patterson Courthouse:
R-0310-02
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for the HVAC contract for the new Patterson courthouse; and
WHEREAS, HUDSON BUILDING MAINTENANCE, INC. has submitted the lowest bid for the HVAC contract for the new Patterson courthouse in the amount of One Hundred Seventeen Thousand Dollars ($117,000.00); and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid of HUDSON BUILDING MAINTENANCE, INC.;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid of HUDSON BUILDING MAINTENANCE, INC. for the HVAC contract for the new Patterson courthouse in the amount of One Hundred Seventeen Thousand Dollars ($117,000.00); 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. O’Connor. Roll Call Vote: Mr. Burns, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.
Mr. Griffin introduced the following Resolution for Acceptance of Bid for Electrical Contract
for the Patterson Courthouse:
R-0310-03
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for the electrical contract for the new Patterson courthouse; and
WHEREAS, DELEONARDIS ELECTRIC INC. has submitted the lowest bid for the electrical contract for the new Patterson courthouse in the amount of Two Hundred Nineteen Thousand Two Hundred Thirty-Four Dollars ($219,234.00); and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid of DELEONARDIS ELECTRIC INC.;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby
accepts the bid of DELEONARDIS ELECTRIC INC. for the electrical contract for the new Patterson courthouse in the amount of Two Hundred Nineteen Thousand Two Hundred Thirty-Four Dollars ($219,234.00); 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. O’Connor. Roll Call Vote: Mr. Burns, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.
Mr. Griffin stated we have site work that will be done by the Town Highway Department. The Town Planner and I have met on a couple of occasions and some of the Highway employees that will be involved with this. They have made some specific recommendations relative to the site engineering and supervisions. We have requested proposals from the Town Engineer and the engineer that we have used in the past for the Recreation Center and the front street sewer system. The proposals are reasonably close. There are some services offered in the Town Engineer’s proposal that involve engineering services that are not included in DC Engineering. However, in looking at it I think the Town will be able to save around $10,000.00 to $12,000.00 with DC’s proposal even if we used outside surveying for control points etc. I don’t know what the Board would like to do with this but this is a timely matter if we are going to get this going. We have a lot of staging. Rich do you have anything to add.
Mr. O’Connor stated we are both familiar and confident with DC and $10,000.00 to $12,000.00 is real money. That’s 20%.
Mr. Burns stated just so we are clear, Gene said he is willing to do the site work but there was a recommendation if we work with this engineering firm based on his past relationship with working with them.
Mr. Griffin stated basically what he said to us was he is more than willing to do the work and the crew is capable. However, he wanted to make sure that we had daily engineering site supervision so if there were any problems or questions came up there wouldn’t be any problems or interruptions and he could work with this individual to move the process along. He stated he is very comfortable working with them because they have done three or four other projects with him in the Town.
Mr. Burns stated this is not going to be duplication by Maser later in the project.
Mr. Griffin stated the Highway Department is going to be doing just about all the site work relative to what would be involved with asbuilts and that type of stuff. The lighting will be done by the electrical contractor. Some of the things will be done by the general contractor but the supervision will be accomplished by the Highway Department.
Mr. Burns stated ok.
Mr. O’Connor stated the whole situation with the courthouse is of a timely fashion. We are already a year and a half late. If we put things off continuously to be reviewed it will never be ready.
Mrs. Nacerino stated I’m comfortable moving it tonight. I think having the Highway Department do some of the site work is a cost savings.
Mr. Griffin made a motion to award site work engineering supervision to DC Engineering, P.C. for an amount not to exceed $23,000.00.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.
PLANNING BOARD RECOMMENDATION-CLUBS/MORATORIUM
Mr. Griffin stated the Town Board has requested the Planning Board make a recommendation on whether a moratorium should be enacted for a special use permit application for Clubs. The Planning Board took up the issue at the meeting held on March 4, 2010.
Having given careful consideration to the recommendation of a committee designated to review the existing Zoning Code and the Town’s Comprehensive Plan and supporting documentation provided in this regard, the Planning Board unanimously made with one member absent the following recommendation. After review of the existing Zoning Code for the Town of Patterson for Clubs and a review of the Town’s Comprehensive Plan it was found that the Town’s regulations concerning Clubs are not supported by the goals of the Comprehensive Plan. Further the Planning Board recommends that the Town Board consider 180 day moratorium on new and pending applications under the code so that the Planning Board can further consider changes that will bring the Zoning Code to be more compliant with and support the goals of the Comprehensive Plan. That is the recommendation from the Planning Board. Shawn is that essentially correct.
Mr. Rogan, Chairman Planning Board stated yes essentially the Planning Board was asked by your Board to look at the existing code that is on the books right now and do a review to see if the existing code which support the goals that are inherent within the Master Plan. We had asked two people from our Board, the Vice Chairman, Charlie Cook and Mike Montesano being the longest member on the Board and having a lot of experience with being involved in the Planning Board for many years, to look at that existing code. What they found was that the existing code lacked sufficient criteria in the areas of environmental review impacts associated with neighboring properties etc. that would facilitate an application that went through that section of the code from being within the scope and the goals outlined in the Master Plan that was adopted in 2000. We further asked the committee within the Board to look at the proposal that you folks were reviewing a few months ago. They found that the amendment that was being looked at made a lot of improvements but still needed review. We promised we would get public input from our Board to be able to facilitate any recommendation that the Planning Board would make to your Board to consideration. In light of the fact that we now have two applications that are before us that are under the Club designation, we thought that it would be prudent to recommend back to your Board that you consider a 180 moratorium so we can do our due diligence, advertise a public hearing and gather information from parties that are concerned and be able to craft a recommendation with Tim Curtiss’ input, working with our Board and put a recommendation forward that we feel would be in furtherance of the goals of the Master Plan. What we are looking forward to is meeting with Mr. Curtiss. Our subcommittee, I believe is meeting tomorrow with Tim to go over procedural issues so that we tie any changes that we propose to relevant impacts and things we are looking to promote.
Mr. Burns stated at the last meeting we spoke about Mr. Curtiss may be conflicted out on this matter.
Mr. Curtiss stated what the Planning Board has asked me to do is go through the Master Plan with them and identify what the goal of the Master Plan was and how they could best facilitate the criteria they are going to develop themselves. What we are meeting to do tomorrow or Friday is go through the Master Plan because in your Master Plan you have identified certain area that are more environmentally sensitive like around the Great Swamp than others. What we have talked about procedurally is developing criteria that may even be on a sliding scale depending upon were the project is located and how close to the critical areas. I haven’t gotten involved with any of the specifics of either application.
Mr. Burns stated the reason I raise it is that at some point we had talked about Special Counsel to the Planning Board on this issue when we get to the point of crafting specific code revisions seeking Special Counsel on that issue.
Mr. Rogan stated I don’t believe you spoke to the Planning Board about that.
Mr. Curtiss stated the Zoning Board. When we get to that spot we will let the Town Board know and if you wanted Special Counsel to look at it, that’s fine.
Mr. Rogan stated I think where Mr. Curtiss is going to be extremely beneficial to the Board would be for the procedural way that we look at tying anything that we consider to impact to ultimately what the goals are to promoting again what’s contained within the Master Plan. We look forward to the Board to continuing its review on this, hopefully coming up with a document or draft that meets with everyone’s acceptance. Also, we asked Carl Lodes at our meeting, the way we understood it was any applications that are currently before the Board certainly can proceed at their own risk. Any changes to the code certainly would impact them, unless there is any misunderstanding.
Mr. Burns stated why is it that the zoning has to be in compliance with the Master Plan. We don’t have a Master Plan but if we have one we are obligated to ……….
Mr. Curtiss stated yes, what you have done in your Master Plan you set forth the planning goals and the ideals you like to achieve. That is really the basis the zoning and planning regulations work off of. The original goals are set in your Master Plan, and then you implement those goals through either your zoning or planning controls. What happened and what we would like to do is go back to the Master Plan, which is what the committee and I have done. We identified what the goals were when you enacted it. You have also enacted in that very specific criteria in an environmentally sensitive area such as the Great Swamp. There are a couple of different areas that are identified. One of the things we are looking at, depending on where the project is located may also impact on what type of environmental controls you want to put on for the special permits. We are trying to tie it together so there is a basis for why we are making these recommendations. That basis is what you identified as your planning goals through your Master Plan.
Mr. Griffin stated what is the next step.
Mr. Curtiss stated we would have to do a Local Law and put on for a Public Hearing and have that ready for you either at the next meeting or try to do it at the next meeting in March. Then depending on the wishes of the Town Board act on it at the first meeting in April.
Mr. Burns stated does the Planning Board provide us with feedback on the draft of the moratorium.
Mr. Curtiss stated yes. What we would do is circulate the draft both to your Board and the Planning Board to do their comments and then give it back to you.
Mr. David Cooper from the law firm of Zarin & Steinmetz stated we represent Winding Glades. The applicant is sort of at the center of the storm. The critical issues that I think was passed over very quickly are people are asking for this to be a publically vetted process and are comfortable with the process. I’m not sure if all the Board members know how this recommendation came about. To give you a little background Winding Glades is pending in front of the Zoning Board right now. Unfortunately, a wrench keeps getting thrown in the works and frankly the moratorium is targeted to stop our application. We are stalled in front of the Zoning Board to get an interpretation. We were scoping out the impact assessments and how we were going to evaluate it and how the applicant was going to prove that it could be mitigated to a reasonable extent. A memo was written and dropped at the last minute saying we don’t fit within the definition of Clubs. We were then referred over to the Zoning Board and it was the understanding that we can’t get back in front of the Planning Board until the Zoning Board issues its interpretation. The Zoning Board was scheduled to issue its interpretation on March 8, 2010. This memo came out on the same day. In that letter the language seems to express that our application will be stopped in its tracks. We would like clarification from your Board that it would not be the case.
All parties continued to discuss “Clubs” and Winding Glades.
HIGHWAY SECURITY SYSTEM
Mr. Griffin stated we have a request from the Highway Department. They have a video system in place there and at times it’s worked and at times it hasn’t worked. They feel for a number of reasons that a security system would be useful for them to have. They did some research and got three different proposals. We have a recommendation. Does the Board want to move forward with this. They have money in their budget to do it.
Mrs. Nacerino stated absolutely. We need to have some security and accountability at the Highway Department. It’s a step in the right direction.
Mr. O’Connor stated some things happen serendipitously. It just so happens that that we have a policy in place for violence in the work place. It is to make the work place safe internally and externally. I went to a meeting last week about security. Every employee received an employee survey on what they thought was a danger or threat in the work place. We will be locking the Reception front door for the future Town Board meetings and we will be leaving the side door open for everyone to use. I think the cameras at the Highway Department will be a much more realistic plan than without it.
Mr. Burns stated it is great to have cameras but they are only as good as the video that you keep or the person who is watching the cameras. It seems to me the objective is concerns about are we having a 24 hour reel if someone slips and falls at the Highway Department, we go back and review the reel if something happens or if a truck disappears we can go back and review that reel. Is that incorporated in this or is this just purely a monitoring where you sit at the front desk and Margaux will see who is coming and going.
Mr. Griffin stated it’s a system that will record up to 90 days, I believe. After the 90 days it will be down loaded and archived for any future reference. It is a recording system not just a surveillance system.
Ms. Nanci Kalbfell stated the problem with the camera system is it is only good after the damage is done because you look back to see who did what and what we can do about it. The other concern is who has access to these cameras to look at them to know what happened. Is it the security company, the Town Board, a resident, who views the cameras.
Mr. Griffin stated the cameras will be monitored in the office and the recorder will be kept in a separate locked area.
Ms. Kalbfell stated in what office.
Mr. Griffin stated in the secretary’s office. The monitors will be in the secretary’s office and the recorder will be kept elsewhere.
Ms. Kalbfell stated it would be the Supervisors office. Is that where the secretary is.
Mrs. Nacerino stated the Highway Department office.
Ms. Kalbfell stated how much would a system like this cost the Town.
Mr. Griffin stated $9,200.00
Ms. Kalbfell stated per year.
Mr. Griffin stated no that is a one shot installation. There is a monitoring discussion in here but I will strike that out of the resolution because that has not been done on a bid basis. No one else was bidding on the monitoring aspect of it. I just want to move the resolution for the installation of the cameras and we will do a separate bid for monitoring of the security system and the reports that we would get on a monthly basis.
Ms. Kalbfell stated so the monitoring is going to cost us money every year for the rest of our lives.
Mr. Griffin stated monitoring is proposed at about $60.00 per month and I think we can do better than that because we are not paying $60.00 per month here at Town Hall.
Ms. Kalbfell stated ok, thank you.
Mr. Odell stated when you say record, you don’t mean audio do you.
Mr. Griffin stated no, there will be no audio. As I stated I would like to move the resolution, however, I would like to strike from the resolution the section that states “with security and fire alarm monitoring for the main building and building #2 in the amount of $60.00 per month.
Mr. Griffin introduced the following Resolution for Acceptance of Proposal for Installation of Video Surveillance System at Highway Department:
R-0310-04
WHEREAS, the Town Board of the Town of Patterson has made a request for proposals for the installation of a video surveillance system and monitoring at the Patterson Highway Department; and
WHEREAS, NYCONN SECURITY SYSTEMS, INC. has submitted the attached proposal for the installation of a video surveillance system in the amount of Nine Thousand Two Hundred Dollars ($9,200.00);
WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal submitted by NYCONN SECURITIY SYSTEMS, INC.,
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of NYCONNSECURITY SYSTEMS, INC. to install a video surveillance sysem at the Patterson Highway Department for the amount of Nine Thousand Two Hundred Dollars ($9,200.00); and
BE IT FURTHER ERSOLVED, 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. O’Connor. Roll Call Vote: Mr. Burns, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes. Carried. 4-0.
EDMOND O’CONNOR
PLAY GROUND MEDIC CONTRACT
Mr. O’Connor stated everyone is aware of H. Ted Baumann park. It’s a very popular and little park. We have been using Pay Ground Medic for six years to inspect it to make sure it is safe and to do the repairs that have to be done.
Mr. O’Connor made a motion to continue that contract for another year. With the early bird reduction it comes out to $1,350.00 for the year.
Seconded by Mrs. Nacerino.
Mr. Burns stated discussion. Do we do this at any other park.
Mr. Griffin stated the caretaker generally inspects Veterans Park. That is the only other park that we have. I don’t have an objection because I think it is a very good idea we have all our parks inspected. They do a complete safety inspection; check out all the equipment, they recommend repairs, upgrades and safety service issues. If you want a proposal for the other park we certainly can get one.
Mr. Burns stated my question is if we are comfortable with the caretaker looking at it who doesn’t have any special knowledge but we are hiring a person with special knowledge to inspect Ted Baurman, we either need to do it at both parks or accept the caretaker’s inspection at both of them.
Mr. Griffin stated the caretaker’s responsibility is for the Veterans Park. He has no responsibility for H. Ted Baumann. I would have no objection having Play Ground Medic review the playground area at Veterans Park as well.
Mr. O’Connor stated H. Ted Baumann Park is very small but is concentrated. That park gets a lot of use even in the winter. It is well worth Play Ground Medic inspecting it to save us from children getting hurt and someone suing us.
Mrs. Nacerino stated we always have the caretaker at the Veterans Park to do any daily repairs or monitor on a day to day basis which is different from this park. It’s a good concept that Kevin proposed.
Mr. Griffin stated I think it is an excellent concept because the long standing Chairman who did a lot of the inspections and was well aware of safety issues up there is no longer the Chairman and the fact that the caretaker is only starting his second year as caretaker. If the Board would like I will contact Play Ground Medic and get a proposal from them for an inspection and review of Veterans Park.
Mrs. Nacerino stated do you think we should go through the Park Advisory Board.
Mr. Griffin stated we will present it to them but at the same time it wouldn’t hurt to get a proposal because the weather is getting nicer.
Mr. Burns stated I wonder if we would have more leverage negotiating a contract with Play Ground Medic at one time. I would move to table this and wait for a new proposal for both.
Mr. Griffin stated I would be disinclined to table this. There may be some nominal cost savings and with the weather improving there are kids in the park already. I think it would behoove us to move on this as quickly as possible.
Ms. Kalbfell stated do we not have someone who is living at Veterans Park that takes care of that part for us.
Mr. O’Connor stated yes.
Ms. Kalbfell stated he only takes care of that park and lives free of charge. What about charging him with the responsibility of both parks to be sure they are safe and up to par. What does he do all winter when the park isn’t really in use.
Mr. O’Connor stated the good thing about Play Ground Medic is they are experts. The caretaker is a grounds keeper. I don’t know how trust worthy I would be until he has more expertise in checking the nuts and bolts of things.
Mr. Curtiss stated the way that Play Ground Medic got started was at the advice of the insurance carrier. When they started to insure the park, they wanted someone to not only inspect it but to give us a certification so if there was a problem we would have someone we could bring in and show that the park was certified.
Mr. Griffin stated it insulates the Town liability wise.
Mr. Burns stated so who certifies the Veterans Park.
Mr. Curtiss stated it is a separate district expense. John Taylor would have someone come in, it wasn’t Play Ground Medic but it was either the manufacturer of the equipment or a technician to come through and look at all the equipment every year. I don’t know if it is continuing since he is no longer there. That is something we have to arrange through Play Ground Medic or a technician.
Mrs. Nacerino stated this is why I think we should work this through the Park Advisory Board because they do take all the necessary steps before the season begins to ensure safety and make sure the play ground equipment is up to par, the pond is treated and the sidewalks are safe. That is the purpose of that Board. I think we should delegate them to look into this matter. To answer your question Nanci, Ernie Kassay was very diligent about checking the park. He lived very close by and now Ed is checking on it along with Paul.
Ms. Kalbfell stated I was just thinking of ways to save money as opposed to spending money.
Mr. Griffin stated when it comes to potential for law suits, I think having a third party do inspections that certify it gives us a certain amount of insulation liability wise.
Ms. Kalbfell stated thank you.
All In Favor: 3; Opposed 1.
PORTABLE TOILET AWARD RESOULTION
Mr. O’Connor introduced the following Resolution of Acceptance of Proposal for Portable Toilet Rental:
R-0310-05
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for the rental and servicing of three portable toilets to be placed at the H. Ted Baumann Park and Cornwall ball field;
WHEREAS, A ROYAL FLUSH has submitted the attached proposal for the rental and servicing of the portable toilets in the amount of $435.00 per month; and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal submitted by A ROYAL FLUSH;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of A ROYAL FLUSH for the monthly rental of three portable toilets to be placed at the H. Ted Baumann Park and Cornwall ball field in the amount of $435.00 per month; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
TRUCK SIZE LIMITATION AWARD RESOLUTION
Mr. O’Connor introduced the following Resolution for Opposition to Legislation to Increase Truck Weight Limits:
R-0310-06
WHEREAS, Congress of the United States is currently considering legislation, which would allow an increase to the weight limits currently imposed on the trucking industry; and
WHEREAS, the Town Board of the Town of Patterson feels that any increase in the weight limits currently imposed on the trucking industry would negatively affect the citizens and the roadways within the Town of Patterson; and
WHEREAS, the Town Board of the Town of Patterson wishes to oppose said legislation which would increase the weight limits currently imposed on the trucking industry;
NOW, THEREFORE BE IT RESOLVED, that the Town of Patterson hereby opposes any legislation which would increase the weight limits currently imposed on the trucking industry; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor or any members of the Town Board to correspond with Congress or any other governmental agency in connection with the Town Board’s opposition to such legislation to increase the weight limits imposed on the trucking industry.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
GOLDEN AGE SENIORS REQUEST
Mr. O’Connor stated we approved a trip on Coach Tours to White Plains in April for the Golden Age Seniors not to exceed $750.00 out of their budget and they would like to cancel that.
Mr. O’Connor made a motion to approve the Golden Age Seniors to take the Peter Pan Tours on April 14, 2010 for $825.00. There was no bus available for April 14, 2010 from Coach Tours.
INTRODUCTORY LAW I-2 LIVERY
Mr. O’Connor introduced the following Resolution Introducing Local Law I-2 and Providing for Public Notice and Hearing – Livery and Taxi Cab Services:
R-0310-07
BE IT RESOLVED that an amendment to Patterson Town Code Chapter 154-107.1, entitled “Livery and Tax Cab Services”, is hereby introduced by Edmond O’Connor, as Introductory Local Law #I-2 of the year 2010 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 April 14, 2010, 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 Mrs. Nacerino. All In Favor: Aye. Carried.
GINNY NACERINO
CONFERENCE REQUEST – HIGHWAY DEPARTMENT
Mrs. Nacerino made a motion to approve the conference request for Margaux Miller to attend the New York State Purchasing Forum Contractor Trade Show & Preferred Sources Expo sponsored by the Office of General Services on May 19 and 20, 2010 in the amount of $431.00.
Margaux states in her memo that with this knowledge she will be able to gain smarter and more cost effective purchasing decisions as well as help other departments of the Town do so as well.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
THANK YOU LETTER – HIGHWAY DEPARTMENT
Mrs. Nacerino stated I would like to read this letter from Carl Hill into the record:
We are residents of the Town and we live at 9 Erby Road. First of all you guys did a fantastic job maintaining the hilly roads in Putnam Lake. You are all to be commended. It is a tough area to take care of especially in the winter season. I have a question for you, I am handicapped, and I lost my right leg three years ago. I have a huge problem with me slipping in my driveway. I was wondering if there was any way that I could access some of the salt/sand that you use on your roadways. I have two taped compound pails. I think it is five gallon. A friend had a mixture in them. He lives in nearby Connecticut. I have a real tough time trying to get in touch with him to get some more. We worked together at West Conn University and normally I would see him quite often. I have been home since the end of October with a deep bone bruise on my knee. Sorry to bother you. What seems like a relatively small issue but it is still something we have to deal with. Thank you very much for your time and keep up all the great work you do.
Mrs. Nacerino stated it was noted that they filled the pails and in response to that Mr. Hill wrote:
Dear Margaux,
I just wanted to drop you a note to thank you very much for helping me out. I really do appreciate your help. Please thank your driver for his help as well. Way beyond the call of duty you are a group of kind and caring people. You represent the Town of Patterson very well. As an employee from the State of Connecticut, I truly understand the standards that we as public servants are held to. You should all be proud. I want to thank you again for the sand and all that you do to keep our Town the very best. Sincerely, Carl.
Mrs. Nacerino stated I thought that was very nice and I commend the Highway Department in helping a neighbor out.
FUEL MASTER DEMONSTRATION RECAP
Mrs. Nacerino stated Mike Griffin and I attended a presentation on March 2, 2010 by Fuel Master. This company provides equipment that will ensure accountability and efficiency for tracking fuel consumption. It is also user friendly and can track gas consumption in a variety of ways. There would be a key assigned to each vehicle and that would track the fuel and drivers would also be required to put in their individual pin numbers. It is a dual check and balance. The equipment would be hooked up to Margaux’s computer which will enable her to generate various different reports. This equipment will also be utilized for all Town vehicles and all personnel driving those vehicles will also be entered into the system. Even small miscellaneous equipment such as mowers or tractors or small operating equipment will also be tracked because they will have a separate code which would stop at five gallons. There will be no over consumption or comingling any equipment in that regard as well. Fuel Master is used in the Armed Forces. They have this equipment in Afghanistan and Iraq and also in many municipalities and school districts in this area. The cost of the equipment is approximately $15,000.00. $8,500.00 of which is for the equipment and the remainder is for the information of
the equipment. Margaux is checking with the Comptroller to see if there is enough money in the Highway budget lines. I personally think that this is money very wisely spent. We will be getting quotes.
Mr. Griffin stated basically how this works is you pull up to the pump, the key goes in, the code goes in and then the computer system in the Highway Department records all the fuel that is used so we can identify the vehicle and who the individual was that put the fuel in. Also, if you use a weed wacker or any other tool you would have to do the same to fill the can. There are two types of systems. Eventually we will upgrade the system to where it is fully computerized where you have actual monitors in the trucks however; they didn’t start putting the computers that are needed in Highway vehicles until 2004. Fifty percent of our current fleet does not have the computer capability of going to the more sophisticated system. It is easily upgradeable. They simply add another component to the current system so we don’t have to replace it in five years. It is about $200.00 to put the monitor in the vehicle.
RECREATION BUILDING A/C
Mrs. Nacerino stated I think we covered this earlier this evening with the grant presentation. Joe Capasso is working on that with Paul Fava. He asked me to put it on the agenda to coordinate it with the grant writing application. At this time I will table any further discussion until Joe gets back.
RE-HIRE SOFTBALL DIRECTOR
Mrs. Nacerino stated I have a memo from Ray Blanar:
This memo serves as a rehire request for Men’s Softball League Assistant Director, Mike Capra. Mike has served in this capacity since the 2005 season and has demonstrated the skill and ability to help run the program efficiently. I recommend a rate of $1,600.00 for the summer season and $900.00 for the fall. This is the same rate as last year.
Mrs. Nacerino made a motion to accept Mike Capra for $1,600.00 for the summer season and $900.00 for the fall.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
KEVIN BURNS
FLOOR REFINISHING
Mr. Burns stated Paul Fava had expressed concerns of the condition of the Recreation Center floor and we all agreed that we would get a contract with an outside service for refurbishing the floor and to do regular maintenance. Two bids were obtained. The lowest bid was from Ingegneri Cleaning Services LLC.
Mr. Burns introduced the following Resolution for Acceptance of Proposal to Refurbish Vinyl Flooring at the Patterson Recreation Center:
R-0310-08
WHEREAS, the Town Board of the Town of Patterson has made a request for proposals for the refurbishing and bi-weekly burnishing of the vinyl flooring at the Patterson Recreation Center; and
WHEREAS, INGEGNERI CLEANING SERVICES, LLC has submitted the attached proposal to strip and refinish the vinyl flooring at the Patterson Recreation Center every four months for the sum of Fifteen Hundred Dollars ($1,500.00), and to perform the bi-weekly burnishing of the vinyl flooring for the sum of One Hundred Seventy-Five Dollars ($175.00) for each burnishing; and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal submitted by INGEGNERI CLEANING SERVICES, LLC,
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of INGEGNERI CLEANING SERVICES, LLC to strip and refinish the vinyl flooring at the Patterson Recreation Center every four months for the sum of Fifteen Hundred Dollars ($1,500.00) and to perform the bi-weekly burnishing of the vinyl flooring for the sum of One Hundred Seventy-Five Dollars ($175.00) for each burnishing; and
BE IT FURTHER RESOLVED, that the work to be performed by INGEGNERI CLEANING SERVICES, LLC pursuant to this resolution shall commence on March 10, 2010 and shall continue through February 28, 2013; 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. O’Connor. All In Favor: Aye. Carried.
TIME OFF/CONFERENCE REQUEST
Mr. Burns stated I have two time off requests. One is in the nature of modifying a prior request having to do with an apportionment of time between vacation time and personal time.
Mr. Burns made a motion to accept the two requests for time off as written.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Burns made a motion to accept four conference requests as submitted.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
GREEN CHIMNEYS HEALTH CENTER PERFORMANCE BOND
Mr. Burns introduced the following Resolution for Release of a Performance Bond for the Green Chimneys Performance Bond:
R-0310-09
WHEREAS, GREEN CHIMNEYS own a parcel of land at 400 Doansburg Road identified as Tax Map No. 36.-3-19, and
WHEREAS, the Planning Board of Town of Patterson approved a site plan for Green Chimneys School for Little People in order to construct an addition onto a barn, make modifications to the Health Center and construct other various improvements on the lot, as shown said site plan; and
WHEREAS, on February 14, 2007 the Town Board established a performance bond in the amount of $9,625.00 to ensure completion of said improvements, and
WHEREAS, on March 4, 2010 the Planning Board of the Town of Patterson, upon certification from the Town Planner that the site improvements had been completed, recommended that the performance bond in the amount of $9,6250.00 for the Green Chimneys School site improvements as heretofore mentioned be released, and
WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation of the Planning Board; and
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby releases the performance bond in the amount of $9,625.00 held for the Green Chimneys School for Little People.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
SANITATION DEPARTMENT REQUEST - TRAINING
Mr. Burns stated I received a memo from Frank Farrell, Recycling Administrator:
I would like the members of the Patterson Sanitation Recycling Center to attend a training course for the operation and driving habits on commercial vehicles.
The Heritage Driving School will come to the Recycling Center to train the drivers. The cost is $80.00 per hour, per driver and it will encompass one hour per driver. The total cost for all six members is $480.00.
By taking this proactive approach it will increase the safety of their driving habits.
Mr. Burns made a motion to accept this proposal from Heritage Driving School not to exceed $480.00.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
OTHER BUSINESS
Mr. O’Connor introduced Resolution of Town Board Procedure for Conducting Meetings:
R-0310-10
WHEREAS, the Town Board of the Town of Patterson is charged with the responsibility of conducting Town Board meetings and addressing Town business in an orderly fashion; and
WHEREAS, the Town Board of the Town of Patterson has established rules of procedure for the conduct of its meetings in order to address Town business in an orderly fashion; and
WHEREAS, the Town Board of the Town of Patterson seeks public input for Town business presently before the Town Board; and
WHEREAS, the Town Board of the Town of Patterson seeks to ensure that the Town Board meetings are conducted in an orderly fashion,
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson will not entertain any public comment regarding current litigation or ongoing criminal investigations pending the completion of a comprehensive set of rules for Town Board meetings,
BE IT FURTHER RESOLVED that, with respect to any other issues not currently on the Town Board’s agenda that the public may wish to bring before the Town Board, the public may contact a member of the Town Board in order to request that such issues be placed on the agenda for the next Town Board meeting; 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 of this resolution.
Seconded by Mr. Griffin. All In Favor: Aye. Carried.
Mr. Burns stated discussion.
Mr. O’Connor stated sometime ago we had a proposed set of rules for conducting a Town Board meeting. I was one of those who voted no. I thought we were just doing fine. I think my mind has changed. We should have rule and they should be open and democratic. I was amiss to be against it a few years ago. As far as having discussions about litigation, I think it would be unwise where the Town has potential exposure. I think that is a standard procedure. We reserve our discussion of such things to Executive Session so as not to prejudice cases, either one way or the other.
Mr. Burns stated I think we do need rules of procedure.
Mr. Curtiss stated we definitely do.
Mr. Burns stated the discussion started with controlling issues on the agenda and what we would allow the public to comment on and not comment on. I have issues and concerns with that. I would not be opposed to this specific aspect but it is a band-aid.
Mr. Curtiss stated you are going to have to adopt a set of rules.
Mr. Burns stated do you want to have a 60 day cooling off period where we say for 60 days we are not going to comment on this, I think that is appropriate. We also need to set a time frame in which we are going to establish those rules. I don’t know if it will be for just this Board or for all Boards.
Mr. Curtiss stated it was Roberts Rules with a couple of changes that the County put in.
Mr. Burns stated if we don’t put a time frame within which we are going to adopt this resolution, it ends up never (inaudible). I would like to create some sense of urgency in terms of setting forth the set of rules we propose to adopt and allowing the public to comment on those rules.
Mr. O’Connor stated I would like to make an amendment to this resolution;
Pending the completion of a comprehensive rule of procedure for Town Board meetings to be completed no later than 60 days from the passing of this resolution.
Mr. Curtiss stated we could probably get a draft to everyone within the week.
Mrs. Nacerino stated we are really not at liberty to discuss matters (inaudible).
Mr. Curtiss stated because we are insured by an insurance carrier who is presently providing us with a defense and we’ve all been given very strict instructions not to discuss the case, it does put public comment at somewhat of a disadvantage.
Mr. O’Connor stated because you can’t respond.
Ms. Patricia Ploegher stated I just want to clarify that this proposal that Mr. O’Connor is proposing right now really silences only questions from the public regarding litigation that the Town is currently involved in.
Mr. Griffin stated yes.
Ms. Ploegher stated thank you.
Mr. Griffin stated motion has been made and seconded. Roll Call Vote: Mr. Burns; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Carried.
MRS. NACERINO’S ENVIRONMENTAL TIP
Mrs. Nacerino stated now that spring has sprung when you play outdoors try not to litter and go the extra mile by picking up and properly disposing of any trash you see. If every sports fan picked up and properly disposed of one piece of litter per year, more than 1,480 tons or enough to fill 185 garbage trucks of unsightly trash could be moved from the trails, beaches, lakes, rivers, forests, oceans and other fragile ecosystems.
Mr. O’Connor stated I am meeting with the County tomorrow to set up dates for Patterson Clean Up. To me that is a sign of spring.
PUBLIC RECOGNIZITION
Mr. Griffin stated we will not entertain any questions or comments relative to ongoing current litigation or criminal investigations.
Mr. Joe D’Imperio stated you don’t have to respond to it Mike.
Mr. Griffin stated I’m not going to entertain it Joe. If it has anything to do with current litigation or criminal investigations……..
Mr. Burns stated we just want to know what you need to talk about. Before you are going to say anything, state what you are going to talk about.
Mr. D’Imperio stated I am going to talk a little bit about some statements that were made by you in the newspaper.
Mr. Burns stated ok, that will be under the purvey of us having to comment on pending litigation. We are not going to entertain it.
Mr. D’Imperio stated Kevin you don’t have to comment.
Mr. Griffin stated we are not going to entertain it.
Mr. D’Imperio stated Ginny did you pass a memo around to all Department Heads in the Town of Patterson awhile back on not using computers for personal use.
Mrs. Nacerino stated not that I can recall, to tell you the truth.
Mr. D’Imperio stated when the white jackets came out back in the 1990’s there was a big meeting about the use of the Seal of the Town of Patterson and the use of any employee or Elected Official’s use of their title other than Town business. Do you recall that meeting.
Mr. Griffin stated no.
Mr. D’Imperio stated I’ll dig out the paperwork from that meeting. I was at that meeting, I do remember it.
Mr. Curtiss stated I don’t remember off the top of my head.
Mr. D’Imperio stated when you take over as Supervisor, you rent the name Supervisor, you don’t own it. When you use Supervisor of Patterson in an email then that is public record.
Mr. Griffin stated no it is not.
Mr. D’Imperio stated it is not.
Mr. Griffin stated it depends on the………….
Mr. D’Imperio stated based on that motion that was passed 5-0 you have made those emails accessible information to any taxpayer that wants it.
Mr. Curtiss stated if in fact those emails are dealing with the litigation and the investigation they wouldn’t be public or subject to FOIL.
Mr. O’Connor stated if those emails are involved in a current litigation we are not going to entertain this.
Mr. D’Imperio stated I’m talking in general.
Mr. O’Connor stated we are not here to answer your general questions.
Mr. D’Imperio stated if you put out an email that says Supervisor of Patterson that becomes public record. You passed that in the 1990’s.
Mr. Griffin stated Joe you are going to have to come back with that information. I have no idea what you are talking about.
Mr. D’Imperio stated two days after the last Town Board meeting in a local newspaper a 19 year old individual was arrested and pled guilty of not committing a crime but conspiring to commit a crime. (inaudible)
Ms. Ploegher stated shame on you Joe.
Audience members stated enough Joe.
Mr. Burns stated it is a Town Board meeting. Do you want to talk about abortion rights. What else do you what to talk about. There are a lot of national agenda items we should talk about. This has nothing to do with Town business.
Mr. Robert Odell stated five or six weeks ago I told you about the Highway Department going down the manholes. Has anything been done about that.
Mr. O’Connor stated I spoke to both the Highway Department and Mr. Williams and they assured me that there would never be an occasion in which they would ever go down. They assured me they would be doing nothing that came under the confined space procedures.
Mr. Odell stated did they admit going down in the past.
Mr. O’Connor stated they said they never would. They had no intention of doing so. I’m sure Mr. Williams recalls our conversation.
Mr. Odell stated they told me they did. One other thing, the effort that you put into Winding Glades I certainly wish you would put that into the Highway Department before this debacle happened.
Mr. O’Connor stated so do I.
Mr. Dan Kutcha stated I have a question about the site work you spoke about regarding engineering proposals. It sounded like it was pretty high. Should those proposals have gone out to bid.
Mr. Griffin stated we are talking about professional services. They do not require us to put it out for bid. If we bid out trucking, excavating or purchase of equipment, yes, you are right, they would hit that trigger. However, professional services such as legal, engineering, architectural we are not required to do competitive bidding for that.
Mr. Kutcha stated maybe I used the wrong word. Should we have done a request for proposals.
Mr. Griffin stated we did request proposals from the Town Engineer and from a (inaudible).
Mr. Kutcha stated does it have to be public noticed. It sounds like you just got on the phone and called a couple of people.
Mr. Griffin stated that is what we did. The other thing is do we have any idea how much it will cost our Highway Department to do our site work.
Mr. Griffin stated not at this time. I think Rich has done some preliminary numbers.
Mr. Williams stated I did work some numbers but I don’t have it here.
Mr. Kutcha stated can you give the Town a rough idea. This is sort of a hidden cost.
Mr. Williams stated sitting here right now, I can’t. I provided the Town Board with a budget. Everyone should have that. I could provide you with a copy.
Mr. Kutcha stated ok.
Ms. Edie Keasbey stated this Town in the past has always been very good at getting grants.
Who used to write those grants.
Mr. Griffin stated Richie still does.
Ms. Keasbey stated why are we hiring this fancy person that came here.
Mr. Griffin stated that was Mr. Capasso’s request.
Mr. O’Connor stated I don’t know if we are.
Ms. Keasbey stated you haven’t spent any money on this.
Ms. Nacerino stated no.
Ms. Keasbey stated the Town has been very successful on grants.
Mr. Griffin stated I think we have an excellent grant writer and we don’t have to pay him any extra and we don’t have to pay him $500.00 a month to find out what grants are out there to chase.
Ms. Keasbey stated all you have to do is Google it. It’s all there. Some grant writers don’t charge an hourly or monthly fee. They charge you if you get the grant and it's a percentage of what the grant is worth.
Mr. Griffin stated I can only iterate that the gentleman that was here tonight was invited here by Mr. Capasso.
Ms. Keasbey stated there was mention tonight of a Special Counsel for the Planning Board.
Mr. Griffin stated I don’t want to speak out of school for Kevin, and I tend to agree with him, that he feels that a specialized or a specific land use/planning attorney would be desirable to counsel and advise the Planning and Zoning Boards in their deliberations.
Ms. Keasbey stated I completely and wholeheartedly agree with that with one caveat, this is a very small County, never mind Town. Everybody else knows what everybody else is doing and certainly the lawyers know what is going on in every Town. Can we please get a good land use attorney not from Putnam County. With all due respect to you Tim, I have great respect for you but let’s face it there are too many conflicts of interest.
Mr. Curtiss stated the answer is yes, we can get someone from outside the County.
Mrs. Nacerino stated we did suggest that to the Zoning Board but they did choose to stay with Carl Lodes.
Ms. Keasbey stated he has been Council to the legislature and this and that. Talk about intertwining relationships. C’mon let’s get someone with a fresh face.
Mr. Dave Pierro stated I have personally installed one of those Fuel Master systems 25 years ago for the Village of Portchester, New York with a fleet probably four times as large as what we have here. I am concerned that there is a policy in place for those few occasions where a Highway Department employee may use his code and a key to get gas for his personal vehicle that he may be using on Town time. I don’t know if there is a procedure in place for that now but suppose a Highway guy uses a truck to go on a parts run to OshKosh and he uses Town gasoline to do that. There may be someone who sees him do this and he may be accused of some sort of violation or doing something nefarious, we need a way to cover him or pay him out of cash to get that gasoline. I would hate to see a rank and file union employee get bagged for something he really didn’t do. Is this fuel pump under video surveillance.
Mrs. Nacerino stated we just approved video surveillance this evening. It will be.
Mr. Pierro stated I didn’t hear that. I’m not saying anyone of these guys, especially in today’s climate with what has gone on down there, I’m not saying anyone is going to commit a crime within a thousand yards of that location. We have to protect these guys too.
Mrs. Nacerino stated absolutely. Were you happy with the system. Would you recommend it.
Mr. Pierro stated it is recommended yes. It is only as good as who is watching it. I saw it, a young parking enforcement officer put in his code with the key and had a hose running from a gas pump to his personal vehicle. He did 90 days in Westchester County jail for that mistake. There are ways around it but it is about who is watching the system. It’s about protecting the employees that are honest too.
Mr. Griffin stated for your information no Town employee, Highway, Sanitation or other is allowed to use fuel for their personal vehicles. Anyone who uses their personal vehicle for Town business submits a mileage voucher and gets reimbursed through the Comptroller’s office. We do not allow anyone and that has been a long standing policy, no one is allowed to use Town fuel for their personal vehicles for any reason.
Mr. Pierro stated is that written in an employee handbook.
Mr. Griffin stated it is in a couple of different places. All cars after 1998 have computer capability. The system will not allow you to fuel up a vehicle that is not equipped with the system, if we choose to go that way. Once all our trucks are computer capable, then we put the systems in all the trucks. What happens is the pump reads the ring on the fuel and if it doesn’t recognize the code it will not pump gas.
Mr. Pierro stated there is still room for error when there is a car that is not equipped with a sensor.
Mr. Griffin stated the pump won’t pump if it doesn’t read a sensor, if we go to the advanced system.
Mr. Pierro stated just a thought. I’m concerned about protecting some of these young kids.
Mr. Griffin stated I agree. We want to make it simple for everyone.
ADJOURNMENT
There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 9:20 p.m.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Respectfully submitted,
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ANTOINETTE KOPECK, TOWN CLERK