PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
MARCH 25, 2009
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
ERNEST KASSAY, 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 40 in attendance.
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2009:
General Fund $104,821.82, Highway Fund Item 1 – General Repairs $350.00, Highway Fund Item 3 – Machinery $4,406.19, Highway Fund Item 4 – Miscellaneous $515.96, Highway Fund – Item 4 - Snow $54,063.17, Highway Fund - Employee Benefits $16,498.19, Waste Water Treatment Plant $14,531.72, Capital Fund $5,396.31, Patterson Refuse District #2 $6,696.16, Deerwood Drainage District $15.50, Patterson Park District $6,581.44, Alpine Water District $1,336.26, Dorset Hollow Water District $1,197.40, Fox Run Water District $25,709.02, Trust & Agency $2,767.25, Grand Total Abstract $244,886.39.
Seconded by Mr. Kassay. Roll Call Vote: Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
ERNEST KASSAY
CONFERENCE REQUESTS
Mr. Kassay made a motion to approve the conference request dated March 16, 2009 for Mr. Nicholas Lamberti to attend a series of nine classes in the amount totaling $374.76.
Seconded by Mr. Griffin. All In Favor: Aye. Carried.
Mr. Kassay made a motion to approve the conference request dates March 18, 2009 for Mrs. Susan Brown to attend a class on May 6, 2009 regarding notary signing, since she is an agent, in the amount not to exceed $108.08.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino stated discussion. I would like to point out that these two conferences are very important for the functions of the two jobs for Susan Brown and Nick Lamberti.
TIME OFF REQUESTS
Mr. Kassay made a motion to approve time-off requests dated March 18, 19 and 20, 2009.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
PATTERSON TOWN BOARD MARCH 25, 2009 PAGE 2
GINNY NACERINO
NICHOLAS RIORDAN RECOGNITION
Mrs. Nacerino stated while recognizing the best of who we are here in Patterson, we recognize those people whose actions had a positive impact on others. Tonight, I would like to recognize Nicholas Riordan for his heroic efforts. Nicholas was at home when his mother Sherry Miller, who is quite ill, collapsed and suffered a seizure. Nicholas quickly reacted by running to his neighbors house to seek assistance and call 911. Nicholas is a student at Kent Elementary School and is only eight years old. His wisdom beyond his year’s ultimately saved his mothers life. He is certainly a remarkable little boy and we are very proud of him. On behalf of the Town Board, I would like to present Nicholas with a certificate commending him for his bravery. He is certainly among Patterson’s finest and is a hero to all of us.
COURTHOUSE UPDATE
Mrs. Nacerino stated I received a memo from Rich Williams, Town Planner, in reference to the update of the courthouse. I have recently attended the last Library Board meeting and there were several areas of concern and questions unanswered. I see many members of the Library Board here tonight. I thought this would be the best forum to answer some of those questions and clarifications.
Mr. Williams stated at a previous Town Board meeting, I let the Board know about the discussions we had with the Dormitory Authority. They are administrating the two grants for the courthouse project. They notified us that the million-dollar grant is still secure. It is still available, if the Town wants to move forward. The second grant for $250,000.00 is still locked up within the budget negotiations with the State. They are not sure when that is ever going to be released. I had some discussions with the Dormitory Authority about potentially using the million, funding source for other uses other than what it was supposed to be dedicated for, which was the actual building construction. If we could create a stand-alone project out of some of the work that we have already done to get us to a million dollars, we could be reimbursed for everything we have done so far. They were receptive to amend the application. I gave the Board a schedule tonight, which shows what we spent to date and took the site construction cost, not the actual building construction cost, and broke them up into two categories. One has the things that we could do on the site right now, get reimbursed for, and second are things that should wait until the majority of the building is constructed. Having done that exercise, we come up with enough so we could be reimbursed for the million-dollar grant. Mr. Charlie Williams, Highway Superintendent, has offered to do most of the work. With his reputation, we can anticipate that we will have a considerable cost savings. We would have to do more work to get the value back up to a million dollars of actual expenditures for doing the court. It becomes very difficult to do that. Making some basic assumptions that Charlie is doing the work. We are really only paying for material and will have a cost savings of thirty to forty percent on the construction costs for the site. My recommendation is that we should wait another three months and see how the stimulus package plays out and to see if the two-hundred and fifty thousand dollar grant will be released. At the same time, make sure we are absolutely ready to put this out to bid should that money all of a sudden become available so that we could jump into it. If the Board decides not to go ahead, we have to look at alternatives and we will know what our next steps will be.
Mrs. Nacerino stated I think there has been some confusion in whether or not we had to spend the million dollars. Year to date we spent somewhere in the vicinity of $700,000.00. If we could proceed to get that reimbursement back with the $700,000.00 rather than spend the actual one million dollars.
Mr. Williams stated let me just clarify that. Regarding the Dormitory Authority grant, we would have to revise our work plan showing a million dollars worth of value. We
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wouldn’t have to go forward with the courthouse project once that work is done. Five years from now, things will change and we have other alternatives, but we could get that million dollars back. If we didn’t do that work, and the grant came out to be less than one million, then that is what we would get reimbursed for and we would lose the additional money. That is why I said, if we are going to go down this road we need to look at making sure that we get the full million-dollar value back to the grant. If we don’t and we do go forward with the courthouse in the future, that is going to hurt our taxpayers.
Mrs. Nacerino stated is that clear to the Library Board members, especially Donald.
Mr. Don Ferraro stated I don’t understand what he just said. Are you saying that you are recommending you come up with a million-dollar bill somewhere and try to justify it by saying you are doing the courthouse project. Are you people serious about building a courthouse. It’s a simple answer.
Mr. O’Connor stated we already spent $700,000.00 on everything. What he is saying is that if we spent another $200,000.00 they would give us the million-dollars if we would agree to wait to build it. Personally, I am in favor of building it.
Mr. Ferraro stated I am also hearing that you are saying, because you are not getting $250,000.00 this project is being put on hold.
Mr. O’Connor stated the $250,000.00 has been put on hold. That was a separate grant. That might show up some day too, if the economy changes. The $250,000.00 would not be a deal breaker.
Mr. Ferraro stated that is what I am hearing.
Mrs. Nacerino stated we are going to wait and see if we are going to get that money from the Dormitory Authority within the next few months. Basically, it is a wait and see right now.
Mr. Williams stated we need to make a decision whether we are going to build a project or explore some other alternative. I think the library has been very patient with us and we do need to make a decision.
Mrs. Nacerino stated Donald my opinion is the project would not be contingent on the $250,000.00. I am in favor of this project moving forward and if that were all that is preventing us from moving forward that certainly wouldn’t be a detriment.
Mr. Griffin stated I would recommend to the Board that we put the project out to bid. It commits us. The only thing I would change is rather than the normal ninety days lock in on the contract, I would suggest putting in a minimum of one hundred and twenty days. At that point, we could go out to bid. We get the numbers, we know what we are paying for the building, and it will give us a better idea. There are contractors out there that are looking for work. We might get better prices. Materials right now are at a low relative of where they have been for the last eight to ten years. I think it would give us a much clearer picture if we did put it out to bid. Putting a project out to bid does not obligate us to go forward. New York State Budget should be settled in April or May. That is when we will find out if the $250,000.00 is in there or not. I agree with Mr. O’Connor that the $250,000.000 is not a major deal breaker. If the price comes back much higher than we thought and we have to borrow significantly more than the $1.4 million, I think that is something we have to take into consideration. We are not going to know what we are dealing with in terms of hard numbers until we actually do put it out to bid. For the cost of $3,000.00 or $4,000.00 to put it out to bid, it can be recovered in the grant process. I don’t think we are risking a lot, but I think we are gaining a great deal of knowledge of what this project is going to cost rather than base it on a consultants estimate. In the next three or four months we will also know whether stimulus money is going to be available
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for these types of projects. What could be more shovel ready than a project that has been out to bid and ready to be awarded. If you want to pursue it, Mr. Williams and I will work on that. We could be ready by the first or second meeting in April to move forward.
Mr. Williams stated I would like at least three weeks to go through the bid documents and plans.
Mr. Griffin stated at that time we could be ready to authorize the Town Clerk to put it out to bid, if the Board chooses to go in that direction. We should also get an idea of what Mr. Charlie Williams, Highway Superintendent will be doing so we can add that to the bid documents. If Charlie is going to do a lot of the site work and preparation, that is a lot of money that can fall out of that contract, which will save us a tremendous amount of money.
Mr. O’Connor stated I agree.
Mr. Kassay stated you had mentioned in the beginning of the presentation that we need to show the State where that money is going to be spent, is that right.
Mr. Williams stated yes.
Mr. Kassay stated regarding what Mr. Griffin just said about putting the job out for bid, does that mean we would have the opportunity to order materials and store it some place to show the State that it is our intent or is that a gray area at this point.
Mr. Williams stated we had some experience with this at the Recreation Center about the Town stepping in between the contractor and the actual building and order materials. I think, based on that experience, we wouldn’t want to repeat that.
Mr. Kassay stated I was just wondering because if the Highway Superintendent helps us out by saving us money, in one respect that is great, but in another it could hurt what we are trying to accomplish.
Mr. Williams stated materials related to what the Highway Superintendent would be doing, would be Fill Item No. 4 and he would be putting it in place, compacting it as it comes in. That cost is all factored in the budget estimates.
Mr. Griffin stated going at it the way Rich originally describes puts us out of order in some respects in terms of construction, pattern, or sequence. Charlie would probably pave the parking lot, the infiltrators and there are a lot of other things he could potentially do. I wouldn’t want to do the black topping until after the project is completed because construction will damage the black top. I would go ahead with moving the gas main, no problem with the infiltrators, the Stormwater basins are fine, getting the sewer crossing in and some other items is acceptable.
Mr. Williams stated we couldn’t achieve the numbers without putting the binder course down, which is not unusual when you are doing construction projects. You don’t just top course everything. You save that until everything is finished.
Mr. Kassay stated those are expenses that we can show that we are going to go ahead and do to try to get to that million-dollar plateau.
Mr. Griffin stated is it the Board’s direction for us to move forward with the bid process.
Mr. Kassay stated I would say yes. I would be in favor of this at this point.
Mr. Griffin stated Rich do you think one hundred and twenty days is adequate.
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Mr. Williams stated I would like to look and see where it lays within the construction season. If we don’t get this out to bid until the middle of May, there is a forty-five day schedule for bids and one hundred and twenty days would put us around December or January. I’m doing this off the top of my head, I could be totally wrong.
Mr. Griffin stated I don’t want to cut ourselves short with saying we are only going to require you to hold these bids for sixty or ninety days.
Mr. Williams stated I agree with that. I just want to look at the schedule.
RECREATION NEWS
Mrs. Nacerino stated I would like to update everyone on programs that have been implemented for the spring. Easter egg contest will be held at the Patterson Fire Department on Friday, April 3, 2009 at 6:30 p.m. The rain date will be Friday, April 10, 2009. The Patterson Junior Recreation Board is sponsoring a Big Sister, Little Sister Karaoke Dance-off this Friday, March 27, 2009 from 6:30 p.m. to 9:30 p.m. Little Cooks will begin on April 11, 2009 from ages 3 to 9. A Spring Camp will be offered during the Spring Recess the week of April 6, 2009 through the 10th. The Fashion Show and Wellness Expo for Phenomenal Women, honoring Patti Haar, Library Director will be held on May 1, 2009 at Thunder Ridge. This has proven to be a wonderful event, which embraces our community and empowers us as women. I hope everyone will get a ticket and attend. For more information on these programs or any other at the Recreation Center, please call the Recreation Center at 878-7200. I believe there are fliers on the back table and you can pick one up as you leave.
EDMOND O’CONNOR
PUBLIC SPEAKER LIABILITY
Mr. O’Connor stated I have had a number of people ask me if they have a liability potential expressing themselves at a televised meeting, which we have never had. I spoke to our Town Counsel and investigated through the internet and the answer is no, except under very unusual circumstances. Statements or slander has to be damaging or otherwise there is no case. It has to be knowingly false with what they call public figures. Not only does it have to be false, but you have to know that it was false and maliciously went ahead and did it anyway. It is not saying if you did all those things, someone could take you to court. You would have to say something that was untrue and damaging that you knew was untrue and then you said that’s all right, it will sound good on the tape, I’m going to do it anyway. Proving it is the hard part, that you knew it and did it anyway. That is for Public Figures. What are Public Figures. One, they are Public
Officials. Everyone on this Board is a Public Official and that makes them a member of Public Figures. Two, are Entertainers that are well known, they are Public Figures. Three, are Activists who have made themselves Public Figures on an issue. If you wish to say something that is not favorable to a member of the Board you are free and clear.
Mrs. Nacerino stated it all comes down to the basic common sense, decency of respecting someone’s opinion. If someone has a difference of opinion, we need to respect that without getting personal. When personal issues come into play that is where problems begin.
Mr. O’Connor stated have I explained this correctly.
Mr. Curtiss stated yes you have. That is why the court has given it such a wide umbrella because they don’t want public debate hampered in any way. It is called the fair comment doctrine, which means if you are commenting on an issue before the Board and you want to express that opinion, you could do that without any fear of any liability.
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HUDSON/PATTERSON 400 YEAR ANNIVERSARY
Mr. O’Connor stated at the last Town Board meeting in conjunction with the State, which is doing a 400 Anniversary of Henry Hudson Commemoration, I spoke to the Historical Society and they stated the Hudson had very little effect on Patterson. Our development came from another direction, the Housatonic in Connecticut. In 2010, it would be the three hundredth year that people from Connecticut came over here and bought land and started to settle in what is today, Patterson. We have grown a long way since then and it will give us a year to think of some nice events to do to celebrate that. If anyone has any ideas, please let us know.
RAIN BARREL FOLLOW UP
Mr. O’Connor stated there was a discussion regarding the lawn in front of Town Hall and how we could irrigate it. We talked of getting rain barrels with soaker hoses and putting them under our gutters. Rainwater would be perfect, but rain barrels would not be practical for our solution to our current problem. I don’t think we should proceed with rain barrels.
Mrs. Nacerino stated I agree. I was looking into this myself and I think that the investment is not worth the outcome for this particular small patch of lawn that we have. It would require someone to hose the front lawn. There is no pressure, it is just a spigot. It wouldn’t be cost effective for us to have to hire someone to maintain this. At this time, I don’t think we should be spending any monies that we don’t need to. It won’t solve the problem as effectively as we thought. It is a great concept, but I would like to put off this expenditure.
BOND RELEASE THOMAS SUBDIVISION
Mr. O’Connor introduced the following Resolution for Authorization for Release of Performance Bond for the Miller Subdivision:
R-0309-06
WHEREAS, a performance bond was put in place by Constructamax, Inc. and Edward J. Miller to complete the construction and installation of site improvements to the satisfaction of the Planning Board and the Zoning Board of the Town of Patterson of all improvements and conditions as specified for the Thomas Subdivision, DH Project No. 7620004(TO) as approved on November 4, 2005 by resolution of the Planning Board of the Town of Patterson; and
WHEREAS, on or about January 23, 2008, the performance bond was cancelled by Edward J. Miller and the subject property was subsequently transferred from Edward J. Miller to Jamie Waters on February 13, 1008; and
WHEREAS, the Town of Patterson has received notice that the current owner of the subject property, Jamie Waters, does not wish to proceed with the subdivision of the property; and
WHEREAS, Jamie Waters has merged the subdivided parcels into one integrated parcel by virtue of deed dated September 12, 2008 and recorded on September 17, 2008 in the Putnam County Clerk’s office in Liber 1812, Page 45; and
WHEREAS, the Town of Patterson now wishes to release the balance of the performance bond in the amount of $3,000.00, plus any accrued interest, to Edward J. Miller;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Town Clerk to release the balance of the performance bond in the amount of $3,000.00, plus any accrued interest, to Edward J. Miller; and
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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.
MICHAEL GRIFFIN
EUROVIDEO PROPOSAL
Mr. Griffin stated since taping our meetings has been such a success. We had some feedback from the residents. One of the problems is anyone who has Direct TV is basically out of luck. We had a discussion with Eurovideo on how we could make it a little more convenient for everyone. Comcast hasn’t been willing to put together a permanent fixed schedule for broadcasting the meetings. One of the discussions I had with Paul from Eurovideo was that they are willing to put a website together where they would run the meetings on Demand. Their proposal is for a one time $300.00 set up charge, they will create the website plus $125.00 per meeting, thereafter. We did run it for a while. There is a link on our website when you first open it. I spoke to Patricia Brooks, Town Comptroller and we have no problem funding this. I think it would be very convenient for the residents of the Town. At some point, we will be able to have a library of older meetings.
Mr. Griffin introduced the following Resolution of Acceptance of Proposal for Town Video Playback on Website:
WHEREAS, PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS currently performs the videography services on behalf of the Town of Patterson pursuant to Resolution No. R-0209-15 dated February 25, 2009; and
WHEREAS, the Town Board of the Town of Patterson wishes to add to the services to be provided by PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS the uploading of the current Town Board meetings on a website to be created and maintained by PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS; and
WHEREAS, PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS have submitted the attached Proposal for Town Video Playback on Website in order to perform the uploading of the current Town Board meetings on a website to be created and maintained by PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS; and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the attached Proposal for Town Video Playback on Website submitted by PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the attached Proposal for Town Video Playback on Website submitted by PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS; 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. Discussion.
Mrs. Nacerino stated it would cost $125.00 per meeting in addition to $275.00 per meeting that we are paying to have it taped, which would be $400.00 per meeting, which would be $800.00 per month. I think that is excessive. Why couldn’t we just burn some
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CD’s and give them out. That would be a lot cheaper for those who wish to obtain a copy of the meeting. During this economy, looking to spend money that we don’t necessarily need to spend is somewhat foolhardy. I am not in support of this.
Ms. Jeanine Haughney stated if you do go ahead with this, I would absolutely support the fact that it would be available on the website and available on anyone’s time line to watch. One thing I did notice in trying to access the video myself, is that you couldn’t fast forward through certain parts following the agenda to the parts that are relevant to a particular resident. I would ask that you look into this if you choose to vote on having it available on the website.
Mr. Dan Kutcha stated I did go to the website and I agree with Jeanine. I wanted to index and fast forward to a particular section and I couldn’t. I also noticed that the quality of the online stream wasn’t that high. In terms of the cost, why is it $125.00, other people seem to put up videos for a lot less. Is the fee negotiable or could Peter Riebold do it.
Mrs. Nacerino stated I think it is a great technical device and I am in support of that from that perspective. From a fiscal perspective to expend $800.00 per month to have both is too much. How many people are going to actually sit in front of their computers for two or three hours to watch this if we don’t have the capacity to fast forward to a certain point of interest that people might be looking for a specific point or time of the meeting they want to tune in on. Did you sit and watch it for three hours.
Mr. Kutcha stated no, there was a very specific item I was looking for.
Mrs. Nacerino stated but you did not have the ability to watch that specific segment.
Mr. Kutcha stated I eventually found it. I think Jeanine’s point is great. I would like to be able to fast-forward to an item I an interested in. That would be very helpful. I can’t answer how many people will watch it. I do think it is worth having it on line.
Mrs. Nacerino stated I do to, but not at $125.00. We can look into this further and see if there is a more cost effective way of doing this.
Mr. O’Connor stated it’s a lot of money. I’m in favor of it, but I think we should look into it seeing whether we can find it less expensive.
Mr. Kassay stated I agree.
Mr. Griffin made a motion to withdraw the resolution. I spoke with Peter Reibold and he stated this would be the best way to do this. Paul do you have any input.
Mr. Dan Holman spoke but unable to transcribe.
Audience members are speaking without the use of a microphone.
LOSAP
Mr. Griffin introduced the following Resolution for Disbursal and Withdrawal Authorization Length of Service Awards Program for Patterson/Putnam Lake Fire Department:
R-0309-07
WHEREAS, the Town Board of the Town of Patterson has received the attached letter from VFIS announcing that Combined Insurance Company of America and Combined Insurance Company of New York will be their new Universal Life Insurance Carrier effective January 1, 2009 with regard to the Patterson/Putnam Lake Fire Department Length of Service Awards Program (LOSAP) established by the Town of Patterson; and
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WHEREAS, said change of the Universal Life Insurance Carrier will only affect new entrants to the plan, and all existing life insurance contracts with AIG/AI Life will remain in force; and
WHEREAS, VFIS has requested that the Supervisor execute the Disbursal and Withdrawal Authorization form submitted with the attached letter allowing VFIS to make certain deposits and withdrawals of funds from the Hartford Life Insurance Company Fixed Annuity Contract, as more fully set forth on the Disbursal and Withdrawal Authorization form; and
WHEREAS, the Town Board wishes to authorize the Supervisor to execute the Disbursal and Withdrawal Authorization form;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the Disbursal and Withdrawal Authorization form and to execute any and all other documents necessary to give effect to this resolution.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
FIRE DEPARTMENTS ANNUAL PAYMENT
Mr. Griffin made a motion to issue disbursements to Patterson and Putnam Lake Fire Departments.
Seconded by Mrs. Nacerino. All In Favor: Aye.
DIGIACINTO/GANGONE LICENSE AGREEMENT
Mr. Curtiss stated there is a license agreement that involves a subdivision off Cornwall Hill Road. In their landscaping plan, they put a stonewall about a foot and a half into the Town right-of-way. In order to allow them to keep it there, we went into a license agreement with the homeowners. They are now selling their house and they want to assign that license agreement to the new owner. They have asked the Town to do that, which we have agreed to do. The resolution simply authorizes the Supervisor to sign the assignment for the new owners.
Mr. Griffin introduced the following Resolution for Consent to Assignment of License Agreement with Christopher DiGiacinto and Lisa Gangone:
R-0309-08
WHEREAS, on November 9, 2007 the Town of Patterson, as Licensor, and Christopher DiGiacinto and Lisa Gangone, as Licensees, entered into a License Agreement in order to permit Licensees to maintain a stone wall, which extends approximately 1.7 feet onto a Town right-of-way known as Somerset Drive; and
WHEREAS, Christopher DiGiacinto and Lisa Gangone intend to sell their premises located at 172 Somerset Drive, which is shown as Lot No. 15 on the final subdivision plat of BMMD, LLC entitled “Final Subdivision Plat known as Cornwall Hill Estates,” which was filed in the Putnam County Clerk’s office on April 2, 2001 as Filed Map No. 2856-A and 2856-B; and
WHEREAS, Christopher DiGiacinto and Lisa Gangone nka Lisa DiGiacinto wish to obtain the consent of the Town of Patterson to assign said License Agreement to the new owner(s) of their property at the time of the closing; and
WHEREAS, the Town Board of the Town of Patterson wishes to consent to the assignment of the License Agreement to the new owner(s) of the property located at 172
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Somerset Drive, which is shown as Lot No. 15 on the final subdivision plat of BMMD, LLC entitled “Final Subdivision Plat known as Cornwall Hill Estates,” which was filed in the Putnam County Clerk’s office on April 2, 2001 as Filed Map No. 2856-A and 2856-B; and
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute a consent authorizing Christopher DiGiacinto and Lisa Gangone nka Lisa DiGiacinto to assign the License Agreement dated November 9, 2007 to the new owner(s) of the property located at 172 Somerset Drive, which is shown as Lot No. 15 on the final subdivision plat of BMMD, LLC entitled “Final Subdivision Plat known as Cornwall Hill Estates,” which was filed in the Putnam County Clerk’s office on April 2, 2001 as Filed Map No. 2856-A and 2856-B; and
BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all other documents necessary to give effect to this resolution.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
COUNTY CONTRACT-REAL PROPERTY TAX SERVICES
Mr. Griffin stated every year we receive a memorandum from the County asking us to agree to a number of items in a contract that would involve them producing our tax rolls. The County will prepare the Tentative Assessment Roll, Transfer of Property, Change of Address, Descriptions and Valuations will be entered by the Assessor. The Assessor has reviewed this and Item No. 7 seems to be a point of contestation. Back-ups from personal computers operating with Real Property Systems shall be submitted monthly to the Real Property Tax Service Agency of the County. Basically, they would like everything for free that we have done. They could FOIL for this if they chose to. I’m not sure if, other than the issue of “we do all the work and they get all the information,” that we have much on point of argument here. Counselor do you have any thoughts on this matter.
Mr. Curtiss stated they could FOIL it and basically, it is data entry. It is a download and they could do it. I think the issue with Mr. Boryk is that some of this changes the work product over time. As it is going through and to set it every month is over kill, until he gets his roll finalized on March 1, 2009. As it is progressing, you don’t have to send it out every month.
Mr. Griffin introduced the following Resolution for Acceptance of Putnam County Real Property Tax Service Contract:
R-0309-09
WHEREAS, THE COUNTY OF PUTNAM has submitted the attached Putnam County Real Property Tax Service Contract, which is to be entered into between THE COUNTY OF PUTNAM and THE TOWN OF PATTERSON in connection with real property tax-related services for the 2009 calendar year and more fully outlined in the attached Contract; and
WHEREAS, the Town Board of the Town of Patterson wishes to enter into the Contract with THE COUNTY OF PUTNAM;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the Putnam County Real Property Tax Service Contract with THE COUNTY OF PUTNAM;
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Putnam County Real Property Tax
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Service Contract and any and all other documents necessary to give effect to this resolution.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
BUDGET TRANSFER REQUESTS
Mr. Griffin made a motion to approve the Comptroller’s Budget Requests No. 58 through 69 for 2008.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Griffin made a motion to approve the Comptroller’s Budget Requests No. 3 through 9 for 2009.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
HIGHWAY MATERIALS BID
Mr. Griffin stated Counselor did you speak with the Highway Superintendent.
Mr. Curtiss stated yes I did. I think he has attached Exhibit A. They are the bids that he wants to accept. He may rebid one or two of the items. He was going to speak with the vendor.
Mr. Griffin introduced the following Resolution for Acceptance of Bids for Materials for Highway Department:
R-0309-10
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids to purchase various materials for the Highway Department of the Town of Patterson; and
WHEREAS, numerous bids were received for the items that were advertised; and
WHEREAS, the Highway Superintendent has recommended that bids be accepted for the items listed on the Schedule A annexed hereto and made a part hereof; and
WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendations of the Highway Superintendent and accept the bids as listed on the Schedule A annexed hereto and made a part hereof;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts all of the bids listed on the Schedule A annexed hereto and made a part hereof, including the materials, bidders and costs indicated thereon; 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. Roll Call Vote: Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried
See attached bid recommendations.
RENTAL REGISTRATION LAW MAILER
Mr. Griffin stated sometime ago, we adopted and passed a Rental Registration Law. However, we have had a bit of a time enforcing it. One of the suggestions from Town
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TOWN BOARD MEETING
residents was doing a Town wide mailing. We have a couple of opportunities to do mailings at relatively minimal expense at the end of this month through the “Notice of Change,” that the Assessor sends out. Sue Brown, Confidential Secretary researched this and found we could get a letter that was printed and signed by the Director of Codes, five thousand copies printed up for $178.00. To have them folded and stuffed would be an additional $219.00. This way we can get the Rental Notification to every property owner for approximately $397.00, which would save us $2,100.00, if we did it as a separate mailer. My recommendation to the Board would be to authorize $397.00 be spent to print copies of the Code Enforcement Officer’s letter and have them folded and stuffed into the envelopes with the change Assessment notices.
Mr. Griffin made a motion to approve $397.00 to send out a Town wide mailer for the Rental Registration Law.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
RECREATION UPDATES-A/C, DATA CARD, BALLFIELDS
Mr. Griffin stated I have had a brief discussion with Mr. Blanar, Recreation Director regarding a number of items. A couple of months ago we discussed the air conditioning and doing some cost analysis. As of yet, we haven’t received an answer on that. We will wait a couple of more weeks. April 15, 2009 was the date he promised us some numbers.
Mr. Blanar stated yes, April 15, 2009.
Mr. O’Connor stated have you sent out feelers to various organizations as to whether or not they would participate in summer activities here, if we had air conditioning.
Mr. Blanar stated I am finishing all the fliers for the summer camp. The word around Town is how sweltering hot that gym gets. If it’s hot outside, it’s hotter in the gym. Events that were held in April and October, people were complaining how hot the gym was and it was only 78° outside.
Mr. Griffin stated now that you have settled your IT issues, are there any other actions you need us to take to get the Data Card reader situation squared away.
Mr. Blanar stated right now it is fine. We are printing Recreation Center Staff and Recreation Center member ID’s. Brookfield Technology came in and took a look at it before jumping into a contract with the company on Long Island. They rebooted it and were able to get it up and running. We can log in and we should be able to change layouts, so we can do Town Employee ID’s as well. Everything right now is fine.
Mr. Kassay stated so it didn’t cost us anything more.
Mr. Blanar stated $80.00 for the hour Brookfield Technology spent looking at it. They also recovered all our files that we thought we lost when the computer crashed.
Mr. Griffin stated you had a busy weekend at the ball field this weekend.
Mr. Blanar stated yes. I wanted to thank Dan Finney as well as all the coaches that are involved with the Taconic Rapters. There were eighteen coaches there including Dan all day Sunday. We are resurfacing the field with what we have. Cutting out the edges and cut down some of the lifts. Converting it to a softball field and it can also handle little league baseball for fifty/seventy foot bases as well as sixty-foot mound and ninety foot bases. I started renting out the field to six different baseball teams to help generate more income. In the long run, it will probably cost us $1015.00. It has been in need for a lot of work for a long time. In turn, the revenue it will generate could help supply everything else that goes on and it will be well worth it. I want to thank all the coaches.
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Mr. Griffin stated do you want to talk a little about Mike Capra.
Mr. Blanar stated Mike Capra took over running the men’s softball leagues for summer and fall. I believe it was the fall of 2005 when Mark Farrell stepped down. Previously it was Jerry Butler. The way softball ran in the past, Mike had a separate checking account. He paid the umpires, grounds crew, etc. out of that account. To make a long story short, there has never been a paper trail for the softball leagues. He writes us a check at the end of the summer and the fall. Whatever revenue is left after he gets his cut, which he says is $800.00 per season; he pays off the grounds crew etc. He has done a great job. I was looking to keep Mike on board as an Assistant Softball Director for this year and quite possibly for years to come. It is quite a load of work to handle. I’ll be there to help him, but for me to take it on with everything else that is going on at the Recreation Center it might be quite a bit for one person to take on. The proposed agreement is $800.00 per season, $1,600.00 per year. He has received this salary for the past three and a half years he has been running the league.
Mr. Griffin stated since Jerry Butler left the leagues for the Recreation Center to run, this is the first Recreation Director that has been willing to take on the challenge of running the softball leagues in a hands-on type method. I’m an all for accountability. Ms. Brooks will give you an idea of what the lighting cost.
Mr. Griffin made a motion to approve Ray Blanar’s request for an Assistant Director of Men’s Softball with Mike Capra for a rate of $1,600.00 for the summer season and $900.00 for the fall.
Seconded by Mr. O’Connor.
Mr. Kassay stated I had the pleasure of dealing with Mike Capra a couple of years ago when he first got involved. He was very instrumental in helping out with some of the thefts that took place at the Recycling Center during and after softball games. I’m glad he is going to be kept on board.
Mr. Blanar stated I agree. I left a message with Frank Farrell to discuss changing the locks to the gate at the Recycling Center because there are keys everywhere. One of us should be there every night. This way, I don’t have to be there at 10:45 p.m. every night nor does he. It’s nice to have a couple of people to alternate. I was at the Camp Conference last week in New Jersey. I wanted to thank the Board for allowing me to go. It was absolutely a successful conference. There were over 3,500 attendees from the Tri-State area and over 150 educational sessions. I was able to attend eighteen of them between Tuesday, Wednesday, and Thursday. It was very beneficial. I made quite a few good contacts also.
AURORA PROPERTY-GARLAND ROAD
Mr. Griffin stated we have a memo from the Town Planner. Rich, can you talk about this. Some of the public might have some interest.
Mr. Williams stated the Town has received an offer of a piece of property that is in the north end of Putnam Lake off Garland Road. It is 0.18-acre lot at the end of Garland Road, it is completely forested. It is adjacent to another undeveloped piece of property that has a stream running through it. Development potential of the lot is very limited.
Mr. O’Connor stated there is a lot of water going into Putnam Lake in that area. Some day it might be the thing we need.
Mr. Kassay stated it is also good for the animal life.
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TOWN BOARD MEETING
JOSEPH CAPASSO
NO AGENDA
OTHER BUSINESS
Mr. Griffin stated there was a discussion about the compressor for the men’s locker room that was not working at the Recreation Center, brought upon by Councilman Capasso. He asked Mr. Fava to look into whether or not it was under warranty. It is still under warranty. The compressor will be replaced by the company; however, our HVAC contract with Hudson Mechanical has put in a proposal that will cost about $900.00 to replace it. You need two men most of the day. They have to recover the refrigerant, replace the compressor, unwire than rewire etc. Does the Board want to review this tonight or hold off for two weeks or do you want to take action on this tonight.
Mr. Griffin stated a couple of weeks ago we discussed the copier. There was some confusion about leasing a new copier whether we could buy it because it was below State bid. Carl Lodes, Counsel said he thought it was appropriate that we could put it out to bid. Antoinette Kopeck, Town Clerk kindly did so and we received one bid from AVP. I did not receive this until after the time period for the agenda had closed, so I did not put it on the agenda. Do we want to add this to the agenda or do we want to hold it over for two weeks.
Mrs. Nacerino stated I would like to hold it over for two weeks. At the last meeting, we discussed in detail what procedures we should implement about Other Business and how we should go about it. There was some controversy over people bringing things up under Other Business and voting on them. We want all things on the agenda and if we start setting precedence, were “it’s just this time,” then I think we are setting ourselves up for contradicting what we tried to implement in the first place.
Mr. Griffin stated we will wait until the next meeting.
Mrs. Nacerino stated as I said at the last meeting there is an environmental tip at Brewster High School. I think it is a good way to bring awareness to people. We can each have a part in protecting the environment and do something differently in our everyday life to help us be aware.
This week’s tip is fertilizer. The average home with four thousand square feet of lawn can reduce fertilizer requirements by twenty-five percent or about three pounds per year by leaving grass clippings on the lawn after mowing. It takes more than a gallon of diesel fuel to make three pounds of fertilizer. It is homeowner’s grass recycled and reduced their fertilizer by just twenty-five percent, it would save 1.3 billion pounds of chemical fertilizer and more diesel fuel than Amtrak uses in six years.
Mrs. Nacerino stated I think we should all be conscience of that. There was also a big article in Saturday’s Journal News about Westchester County implementing a ban on phosphorous fertilizer.
PUBLIC RECOGNITION
Mr. Joe Tierney stated regarding the compressor. I would suggest putting anything that is being rented in a Town facility be put in a data base, so if anything goes wrong you will be able to search and look up the history of the item. It would be right at your fingertips, rather than going through papers looking for something.
Mr. Griffin stated that is a great idea.
Mr. Tierney stated regarding the air conditioning, are you getting an engineering company to do that.
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Mr. Griffin stated we hired Fellenger’s. They are an engineering firm from Poughkeepsie. They are in the process of putting together a bid spec and documentation so we can put it out for bid. It should be by the end of April.
Mr. Tierney stated my son is in the construction business. He said if you hire an HVAC company, they will do the engineering themselves.
Mr. Griffin stated unfortunately, the way the government works it has to be held completely separate. Anything over $20,000.00 has to be a sealed bid process. The individual who designs and oversees the project can not be the individual who constructs the project. Usually Counselor advises us that we have to keep it separate.
Mr. Brian Callahan stated it is nice to see you guys get along up there. This has been a very pleasant Town Board meeting. I want to thank you for following up on the Rental Registration Law. As you know, we are really concerned about that in the Hamlet. I wanted to piggyback on your environmental comment. On April 25, 2009, Rick Saracelli and I and a group of neighbors in the Hamlet are organizing a get together at my house, 49 South Street. We will have bagels, cream cheese, and coffee and afterwards we will go out and clean. Anyone is welcome to come at 9:00 a.m. As a group, we would like to have an alliance with Metro North. In the twenty years I have been here, cleaning up their deposits has been very difficult. If you look right outside this window, there are many railroad ties that have been discarded that look unsightly. I hope that someone can contact them and get them on board.
Ms. Pat Ploeger stated Mr. Griffin you mentioned putting the courthouse out to bid having one-hundred and twenty days instead of the standard lock in period to give the contractor notice whether they received the award or not.
Mr. Griffin stated it requires a length of time they have to hold their bid. Sometimes it will have an impact depending on the conditions, market, how fast prices of materials are fluctuating, and contractors usually want to limit their proposals to sixty days. We are not sure if we want to pull it that quickly, we want to require them to hold the bids a bit longer.
Ms. Ploeger stated did I hear you right that you said, “under some circumstance, and I don’t know what the circumstance was, you might decide not to go with the bids and in which case you would at least have an idea of what the real cost was”. Could you tell me what those circumstances were.
Mr. Griffin stated right now the target we are looking at is borrowing 1.4 million to complete the project, over and above the grants and monies currently available. If the bids push that number significantly higher and/or a combination of loss of $250,000.00 and no potential assistance through the stimulus package, the Board may chose to do something different. I don’t know what that means. It leaves the library in the lurch for expanding their programs. I don’t think this Board is prepared to borrow two million dollars to complete this project. We may look at scaling the project back, in terms of size and scope, etc.
Ms. Ploeger stated there are two conditions. One is if the prices came in significantly over our estimate and the other would be if we were not able to get the funding.
Mr. Griffin stated I am in complete agreement with Mr. O’Connor. I don’t see the $250,000.00 as necessarily a deal breaker. If we can get some value engineering from the contractors or material swaps that would be cost effective or cost savings. Right now, there are historically low interest rates. We are looking at interest rates at 4%.
Ms. Ploeger stated if you are thinking in that vane, value engineering, and so forth, and negotiating after the fact with contractors, is putting out a series of alternates to get the
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prices for lesser materials. Contractors invest in their own capital every time they bid a job and then to just have it as an exercise is not fair to them either.
Mr. Griffin stated your point is well taken.
Ms. Ploeger stated there is a fair amount of reserve that the Town holds, is any of that able to be used.
Mr. Griffin stated we have about 1.3 in unallocated fund balance right now for the General Fund. I have always tried to maintain a serious fund balance because we don’t know if we have any major problems or calamities in the Town; we would be in good financial shape. Legally we are not allowed to have deficit budgets. With the economy the way it is we have seen over fifty-percent decrease in our mortgage tax revenues, also, in increases in our contributions to the retirement fund, medical insurance etc. and we were still able to put together less than a one percent increase in the budget. There is a possibility that we could put $250,000.00 fund balance toward it. It took us ten years to get that fund balance in place, so I would want to be very judicious in how we spend it.
Ms. Haughney stated I’m a concerned resident of Patterson. I wanted to thank the Board and most particularly Mrs. Nacerino for helping us with our sidewalk issue and the repair of the sidewalk. The work started this week. Highway was there bright and early and we love to see them. It is going to make a huge difference. Thank you for sustaining our quality of life here in the Hamlet and making sure our kids and our residents are safe. One other point, I’m sure everyone is aware of the train accident with the train and the truck. I’m not sure if that gate is locked at night, but is there any way it would bar motor vehicle access down to the swamp. It used to be locked and I’m not certain that it is happening.
Mr. Griffin stated it is not. The gate is gone and was never replaced. We couldn’t find some one to get up at the crack of dawn to let the people in to go canoeing. I had multiple conversations with Rick Saracelli about this. My suggestion would have been to put a combination lock there and if anyone calls give them the number. He tells me there are no issues. Metro North and the State police patrol there.
Mr. Charlie Cook stated I would like to ask you if you could
give renewed direction to Building Inspector and the Code Enforcement Officer
relative to the signs in the Town. In other words, they are just multiplying
all over the place. We on the Planning Board get some applications in asking
for a permit and people pay money. We have other people who use the telephone
poles, the front lawns, you name it. It is just not right. If someone could
go out and do an inventory, come back check to see if there is an approved
permit, fine. If there isn’t, take whatever the appropriate action is to get
the sign out of there or have them come in with an application and make it right.
Mr. Steve Mandras stated I would like some clarification on what you are trying to achieve by this Rental Registration Law mass mailing. I know you are trying to save money but what are we trying to achieve.
Mr. O’Connor stated it is just to tell people that there are two laws on the books and to get people aware that both require compliance with the law. If there is a Rental Registration Law, a rental property has to be registered as such and the Accessory Apartment Law is what it is. If you have an accessory apartment in your building call the Building Department for details.
Mr. Mandras stated has the Town Board thought about what the next steps are going to be. How are you going to make sure that the folks that are actually renting have registered.
Mr. O’Connor stated the current Code Enforcement Officer seems to be rather keen on getting that done. We will talk to him about that.
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Mr. Mandras stated in seventeen and a half hours per week.
Mr. O’Connor stated I spoke to him about that. I told him he won’t be able to do an effective job with the hours he is putting in. That is between him and us and we will come to a conclusion sooner rather than later.
Mr. Mandras stated thank you.
ADJOURNMENT
There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 9:20 p.m.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK