PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
APRIL 14, 2010
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
KEVIN BURNS, COUNCILMAN
JOSEPH CAPASSO, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
EDMOND O’CONNOR, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
TIMOTHY CURTISS, TOWN COUNSEL
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:45 p.m. with 26 in attendance.
REPORTS
Mr. Griffin made a motion to file the reports as read.
Code Compliance – March 1-5, March 22 – April 2, 2010
Code Enforcement- February, March 2010
Dog Control Officer- February, March 2010
E.C.I. - March 2010
Putnam Lake Fire Dept.-None
Patterson Fire Dept.-None
SUPERVISOR REPORTS
Mrs. Nacerino made a motion to accept the Supervisor Reports for February 2010.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
MINUTES
Mrs. Nacerino made a motion to approve the following minutes:
Public Hearing – Street Lights Minutes – February 24, 2010
Public Hearing - Dunning Conservation Easement Minutes – March 10, 2010
Town Board Minutes – February 24, 2010
Town Board Minutes – March 10, 2010
Town Board Minutes – March 24, 2010
Bid Opening – Highway Materials Minutes – March 8, 2010
Bid Opening – Bituminous Materials Minutes – April 12, 2010
Work Session Minutes – March 3, 2010
Work Session Minutes – April 7, 2010
Seconded by Mr. Burns. All In Favor: Aye. Carried.
AUDIT OF BILLS
Mrs. Nacerino made a motion to accept the Abstract as written:
General Fund $94,328.55, Highway Fund $67,833.58, Putnam Lake Fire District $328,030.00, Patterson Fire District $709,401.00, Waste Water Treatment Plant $58,706.54, Capital Fund $193,160.90, Putnam Lake Light District $1,618.00, Patterson Light District $1,600.50, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $30,062.03, Deerwood Drainage District $15.51, Patterson Park District $61.42, Alpine Water District $3,582.03, Dorset Hollow Water District $1,342.40, Fox Run Water District $1,431.14, Grand Total Abstract $1,519,695.62.
Seconded by Mr. Capasso. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.
GINNY NACERINO
SENIOR TRIPS REQUEST FORMS
Mrs. Nacerino stated Patricia Brooks, Comptroller developed two forms for the Senior Citizens to use when they request trips and other expenditures. She asked us to peruse this form. I believe the Board has had an opportunity to do so.
Mrs. Nacerino made a motion to accept this form for the Senior trips for the Golden Age and Putnam Lake Seniors.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
HIGHWAY DEPARTMENTS MEMOS OF APRIL 6, 2010
Mrs. Nacerino stated I have a few memos from Gene Brandon, Foreman from the Highway Department:
This memo is to inform you that today, April 9, 2010 the sidewalks along Route 311 were swept clean of all dirt and sand.
Mrs. Nacerino stated the second memo is in reference to a Chevy Blazer:
A few years ago we purchased under the New York State Federal Surplus Program a 1985 Chevy Blazer out of title for $200.00 to use strictly for parts since we purchased two other Blazers from the program. The Blazer is no longer of use to us since we have taken the parts that we needed. Yesterday, Mike Burdick, Head Mechanic from the Town of Southeast Highway Department stopped here and inquired about the Blazer. They would like to acquire it since it has many parts that they can use. Please advise us on how to move forward with transferring the Blazer to them.
Mr. Curtiss stated you can declare it as scrap or a junk vehicle. If it has any kind of salvage value you can just charge him the salvage value.
Mr. O’Connor stated it is not a vehicle. We could only get rid of it as scrap.
Mr. Curtiss stated yes.
Mr. O’Connor stated we would expect them to pay us six cents per pound.
Mr. Curtiss stated that is up to the Board. The value of scrap would be $100.00 or $200.00 but if you are going to give it to them for parts for another municipality you may just want to give them the vehicle.
Mrs. Nacerino stated we could just donate it to them.
Mr. Curtiss stated yes. There is no title so there is no transfer involved.
Mrs. Nacerino stated does the Board agree with that.
Mr. O’Connor stated I would like to donate this to the Town of Southeast.
Mrs. Nacerino made a motion to donate to the Town of Southeast the 1985 Chevy Blazer for them to strictly use it for parts.
Seconded by Mr. O’Connor. All In Favor: Aye.
Mrs. Nacerino stated this memo from Gene Brandon is dated April 6, 2010:
Attached please find the latest statement from Chase. The credit card is a business credit card with the Patterson Highway Department listed as the business and Charlie Williams as the account holder. I was unable to cancel the card since I was told Charlie is personally responsible for it and only he can cancel it. Please advise on how you would like to proceed with this.
Mrs. Nacerino stated there is also a balance of $47.72.
Mr. Curtiss stated when I received the memo from Gene I contacted Mr. Williams through his Attorney and he is going to make arrangements for him to cancel the account. The card was surrendered. We will contact the credit card company and have them submit the form to cancel the account. It was used for the Highway Department. I don’t know if you will authorize another credit card. Margaux had a credit card. That account was closed.
Mrs. Nacerino stated overtures were made for that to be done. We will follow up on that.
Mrs. Nacerino stated another memo from Gene:
Below is a list of items that belong to Charlie Williams that are at the Highway Garage. Please advise on what you would like us to do with them.
Mr. Curtiss stated the best thing is to box them up and we will contact his Attorney and see where he wants it sent.
Mrs. Nacerino stated it needs to be picked up, it cannot stay there.
CONFERENCE PAY-DISCUSSION
Mrs. Nacerino stated there was some discussion on conference requests and how that is handled. We are in the process of completing our Personnel Policy and one of the things I believe is very important to actually spell out in the policy is how we handle our conference day or overnight requests. At the present time, employees are under the assumption that it is routine that the Town pays for the conference, mileage, application fee, the food and also pays salary for the day. There was a request that in addition to all of that, extra hours would be accrued if they stayed past their normal business day to attend a workshop that was held at night. In my opinion, this is completely unacceptable and we should not use taxpayer’s dollars to have additional time accrued to an employee.
Mrs. Nacerino made a motion to have this incorporated into our Personnel Policy that if they attend a conference they will only pay the employee for the actual days pay in addition to any fees incurred for said conference.
Seconded by Mr. Capasso.
Mr. Burns stated discussion. What if we have a part-time employee. Let’s say we pay someone for a four hour day and they go to a full day conference. Are we just paying them for four hours. I understand if it was an eight hour day and you send them for a ten hour day they should only be paid for eight hours.
Mrs. Nacerino stated a conference is actually a privilege to go to. The Town is paying for mileage, food and the conference. The employee is away from their post as well. At school we cut back on all conferences tremendously to try to save money. I also believe that conferences should be limited to those that are mandatory. I think we should take a second look at that as well.
Mr. Burns stated I don’t disagree. I think you just may need to do something in the Personnel Policy that spells it out.
Mrs. Nacerino stated I don’t if part-time employees attend conferences.
Mr. O’Connor stated the reason that hasn’t come up is because we don’t have part-time employees attend conferences. It has been requested a couple of times, but we said no.
Mrs. Nacerino stated the only exception would be a part-time Recreation Assistant that might take a camp counseling seminar.
Mr. Blanar stated in June I will have two more part-timers like Veronica that works as my Camp Director in conjunction with me. In order to do so, they have to have their “Responding to Emergency Training” which is in Poughkeepsie. Two of the days are 9:00 a.m. to 5:00 p.m. and one is 9:00 a.m. to 3:00 p.m. or something like that. When I went I didn’t get out until 3:30 p.m. and that is over four hours.
Mrs. Nacerino stated I think the employee should be paid for the hours they worked beyond their shift but not to exceed the normal work day.
Mr. O’Connor stated there are occasions outside of conferences where they work a full day.
Mr. Blanar stated absolutely.
Mr. O’Connor stated so this could be another one of those days.
Mr. Blanar stated so if it is a 9:00 a.m. to 5:00 p.m. training in Poughkeepsie they will have to leave by 8:00 a.m. and they won’t get back until 6:00 p.m., they will only get paid for eight hours.
Mrs. Nacerino stated if they go to a seminar at night, they shouldn’t ask to be paid in addition to their normal rate of pay for three hours overtime. We can fine tune the language. I feel strongly that employees can’t accrue time while on a conference.
All In Favor: Aye. Carried.
BOXING EVENT – RECAP
Mrs. Nacerino stated this is always a very well attended event. There was maximum security. The Fire Department, Ambulance, and the State Police were all there. It was attended by approximately 450 people. I’m proud to say it was without accident or incident. Ray was there; my husband and I attended for a short while. I would like to commend all the people who made this event possible and made it a very pleasant experience for all. I would especially like to thank Paul Fava and Maya Torres for working the concession stand. When I went in the line was a mile long and we took in approximately $1,200.00 in profit just from the concession stand alone.
COURTHOUSE GROUND BREAKING
Mrs. Nacerino stated the Town of Patterson would like to hold on the morning of Saturday, April 24, 2010 at 10:00 a.m. a ground breaking ceremony for the courthouse. We would especially like the Library Board of Trustees to attend. We are happy we are making progress and that this reality is finally here. I will send a letter to Patricia Haar and the Trustees. Anyone else who wishes to attend you are all cordially invited.
KEVIN BURNS
CONFERENCE/TIME OFF REQUESTS
Mr. Burns made a motion to approve two conference requests and one time off request as submitted.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
FIRE DEPARTMENTS DISTRIBUTION OF FUNDS
Mr. Burns stated the Fire Department funds were included in the $1.5 million right.
Mrs. Nacerino stated yes.
Mr. Burns stated for anyone that was listening regarding the Audit of the Bills, inclusive of the $1.5 million in bills was a little bit of a wild out wire for us. This is an approval for disbursement of funds for two contracts for our Fire Departments. We have the Putnam Lake Fire Department and the Patterson Fire Department for 2010 and 2011. Both are two year contracts.
Mr. Burns made a motion to disperse the funds with regards to the Putnam Lake Fire Department contract for two years for $328,030.00 per year.
Seconded by Mrs. Nacerino.
Mr. Burns made a motion to disperse the funds with regards to the Patterson Fire Department contract for two years for $709,401.00 per year.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.
SANITATION REQUEST – DISPOSAL OF VEHICLE
Mr. Burns stated I received a memo from Frank Farrell from the Sanitation Department. They have a vehicle they would like to dispose. It is two Packers and a Chassis from a truck. They would like to dispose of this as scrap. I believe the total is 20,000 pounds. The quote they received was six cents per pound for scrap metal. What does he need to do in order to move forward and dispose of this as scrap. It would be a recoupment of $1,200.00. Do we sign over the title.
Mr. Curtiss stated is it just the bodies of the truck or is it trucks and bodies.
Mr. Burns stated there is one Chassis and two Packers.
Mr. Curtiss stated make a motion to allow the Department Head to scrap both vehicles and we will attach the VIN numbers for six cents per pound with a recoupment of approximately $1,200.00. It will then come off our insurance and they will get towed to wherever he will scrap them.
Mr. Burns made a motion to allow the Department Head at Sanitation to dispose of these vehicles and two Packers bodies as outlined.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
JOSEPH CAPASSO
No Agenda
MICHAEL GRIFFIN
HIGHWAY REQUEST – MCMANUS ROAD SOUTH
Mr. Griffin stated at the last meeting we discussed going to McManus Road to take a look at the situation.
Mr. Burns stated the homeowners are here.
Mr. Griffin stated ok. They built a stone wall in very close proximity to the road. It was identified by the Codes Enforcement Officer and reviewed by the Foreman for the Highway Department and they suggested that we consider the possibility of widening the road or adding six feet. At that time, we agreed as a Board that we would go up there and take a look. Has everyone had an opportunity. Does anyone have any comments.
Mr. O’Connor stated I don’t know how much this would cost.
Mr. Griffin stated according to the Highway Foreman the road is only approximately 15 feet wide at that point. The suggestion was to add six feet to the road. For a dead end road with few houses on it, is it something you feel strongly about doing.
Mr. Capasso stated I didn’t think it was necessary to do.
Mr. O’Connor stated it is only because of the plowing. It’s not bothering anyone.
Mr. Burns stated it is narrow because of the curve. My impression was looking at the area there are several similar stone wall constructions in similar areas on other properties.
Mr. Griffin stated generally you try not to add to pre-existing non-conforming situations.
Mr. O’Connor stated if the Highway Department doesn’t think it is a dangerous situation, I think it’s fine.
Mrs. Nacerino stated my question is they are in violation, so what if an accident does occur in the future due to the fact that the road is so narrow there. What position does that put the Town in.
Mr. Curtiss stated that wouldn’t really create any liability for us. We did not put the wall there nor did we create a dangerous situation.
Mrs. Nacerino stated then I am fine as well.
Mr. Mike Palmiero stated there is an existing ledge that is about 23” high that comes off my property and goes right to the road. We didn’t infringe any additional amount onto that road we just put a stone wall on top of that. Some of that stone wall encompasses the existing ledge which is already narrowing the road. The stone wall across the street from us is about 2.5 feet high and it is right on the road at that curb.
Mrs. Donna Palmiero stated we were in shock so we came down to the Building Department. They educated me on what the error was. We did make a mistake and I wanted to remedy this because the wall was just built to beautify the whole area. I called Mr. Griffin’s office to see if he could help and come out and look at it.
All parties continued to discuss the stone wall.
Mr. O’Connor stated I think taking the rock wall down would be pointless.
Mr. Curtiss stated I will have a conversation with the Building Inspector about the violation and see if we can clean it up.
SOLID WASTE MANAGEMENT PLAN – COMMENT
Mr. Griffin stated everyone received a copy and if anyone has any comments please let me know. I will have a report in a couple of weeks and then I will send it on to the County.
Mr. Griffin stated Mr. Bondi was here Monday night on his Countywide listening tour and asked for comments from people on how to fix the government.
DPW DISCUSSION
Mr. Griffin stated we want to start an educational process for both the Town Board and the residents of the Town. There has been a discussion regarding how to revise how the Highway Department is run. It would be the consideration of the Department of Public Works which could also encompass the water districts in Town, the Sewerage Treatment Plant, the Collection System for the Sewer Treatment Plant and Building, Maintenance and Operation and take them and put them into one department and have one Supervisor. What we will do over the next several meetings is do some research. Counselor will be giving us some legal aspects of it. The Town Planner and I will be doing some research with existing DPW. There are a number of them in Westchester and we will find out what those Town’s that have them think and we will have a discussion and a dialogue with the residents of the Town to see what everyone else thinks. Counselor if we were going to do this as a referendum when would we do it.
Mr. Curtiss stated it would be in August.
Mr. Griffin stated Public Hearings.
Mr. Curtiss stated yes.
Ms. Ploegher stated would this eliminate an Elected Position.
Mr. Griffin stated it would.
Ms. Ploegher stated this would be a Commissioner DPW.
Inaudible.
SEWER EXTENSION – FUNDING
Mr. Williams stated I would be surprised if I heard anything before August on the grant. I applied for a grant with the D.E.C. eight months ago and haven’t heard anything. The State is moving very slow on responding to grants.
Mr. Griffin stated basically it is not very likely that we will get the grant based on the income levels in the Town.
Mr. Williams stated no, I’m trying to back into this by redefining the Town residentially by geographic areas. The Hamlet has a lower income level overall, but still we are a little above the threshold. Whether I can spin it and make them happy, I’m not sure I can do that. I did check and it’s not really a reimbursable grant. If we don’t do the work until after we’ve made the submission that is fine. That is going to happen. I couldn’t submit it for work we already did.
Mr. Griffin stated we can’t start the process and hope to be reimbursed on the grant at a later date.
Mr. Williams stated correct.
Mr. Griffin stated so then the question is do we want to wait or do we want to consider using money in contingency. We finished up the end of the year and we anticipated using about $220,000.00 of Fund Balance and due to austerity work with all the departments we managed to spend considerably less. We probably only spent about $35,000.00 or $40,000.00 out of contingency. We still have a very healthy Fund Balance somewhere in excess of $1,000,000.00. $20,000.00 to move forward on this isn’t going to be a significant hit to the budget.
Mrs. Nacerino stated I would like to move forward.
Mr. Burns stated this would just be for the study.
Mr. Griffin stated once the design work is done we have to go to the D.E.P. and the D.E.C. to get permission to extend the line plus there will probably be an extended period of discussion with Metro North. We can’t move forward until the engineering design work is done.
Mr. Burns stated I would agree. I think we should move forward.
Mr. Bruce Major stated seeing that you are looking at an expenditure of $20,000.00 do you plan on doing an RFP.
Mr. Griffin stated in terms of professional services.
Mr. Major stated that’s correct.
Mr. Griffin stated if the Board wants to consider that. We have a proposal from the current Town Engineer that seems reasonable.
Mr. Andrew Fetherston stated you are accurate with the number. We were in the ballpark with $20,000.00 for the design. That included surveying of the two properties. Part of that surveying was already done for the drainage improvements that were done at the library but it is everything to the west of that. We are already established out there. Some of the work is done.
Mr. Griffin stated you have a leg up on what has to be done. Does anyone else have any questions for Andrew.
Mr. Capasso stated does this include when it is being installed and the final inspections.
Mr. Fetherston stated we just have the design work in there right now. We didn’t do anything for stake out or installation. That would be another contract and that could go for an RFP at that time or we could give you a figure to perform that work also.
Mr. Griffin stated basically you are going to have to design a collection system for the library and Benfield’s and also a lift station to get it up to Front Street. There is a sleeve under the railroad tracks that we paid $40,000.00 at the time when Route 311 was upgraded. There is a manhole that was purposely placed there for that purpose. That part is in place. Unfortunately, since the State put rather large drainage vaults in under the sidewalk it would be best to go through Benfield’s property. Does the Board want to consider an RFP.
Mrs. Nacerino stated I would like to stay with our Town Engineer. They are invested in this project somewhat and they know the history.
Mr. O’Connor, Burns and Capasso agreed.
Mr. Griffin introduced the following Resolution for Acceptance of Professional Services Contract with Maser Consulting P.A. for Engineering Services in Connection with Sewer Improvements for the Library and Benfield building:
R-0410-01
WHEREAS, by Resolution No. R-0409-04 dated April 22, 2009, The Town of Patterson awarded Maser Consulting P.A. the contract to perform the general municipal and technical engineering services within the Town of Patterson; and
WHEREAS, the Town of Patterson wishes to hire Maser Consulting, P.A. to perform the engineering services in connection with the sewer improvements for the library and Benfield Building in the Town of Patterson; and
WHEREAS, The Town of Patterson and Maser Consulting P.A. wish to enter into the attached Professional Services Contract for the engineering services in connection with sewer improvements for the library and Benfield Building; and
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the attached Professional Services Contract with Maser Consulting P.A.; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Professional Services Contract and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
COURTHOUSE BONDING
Mr. Griffin stated we started the construction of the courthouse and I want to talk to the Board tonight about two possible ways to go about doing the funding for this. It is highly unlikely that the Dormitory Authority Grant for $1,000,000.00 is going to be available anytime soon. We can either band the project which is a Bond Anticipation Note which we take out in a slightly smaller amount than the total cost and we eventually roll that into a long term bond usually after the project is completed and identified all the costs. The concern that I have with a bond is that the construction would probably take us into December or January of 2011. I’m concerned with what happens with interest rates in the meantime. We worked this budget over time and again and I think we are pretty comfortable with the numbers. If we go out to bonding right now to do a long time bond and bond the cost of construction has been identified as $1.9 million we will lock in interest rates that are in place today. I’m not sure where interest rates will be six or eight months from now. During the 1970’s with Jimmy Carter you know how fast interest went once they started to go. In 1978, home mortgage rates where 8.5% by August they were 9.5% and by January they were at 11%. Every point on a mortgage is a huge amount of dollars. I am reasonably comfortable with the budget numbers. If we have any cost overruns there is also a 10% contingency built into that cost. We have more than sufficient funds in Fund Balance and in contingency. I am comfortable with going with long term bonding now and I want to get the Board’s feedback and any thoughts that the public may have.
Mr. Burns stated the General Fund Balance is well in excess of $1,000,000.00 right now.
Mr. Griffin stated I think it is about $1,000,000.00. The total Fund Balance for the Town is about $1,300,000.00 and the General Fund is about $1,000,000.00. The earliest we could probably close on this is probably in July. I don’t want to take a chance and go eight months to a year and mortgage rates are at 5.5% or 6% when we could possibly get it a 3% or 3.5% right now. We have a week to ten days before the estoppel period runs out on the bonding and we get clearance from our Financial Advisor to go ahead and commence the final process.
Mrs. Nacerino stated I agree with you Mike. We spoke briefly about this. I think it is a good guesstimate. If we wait we could possibly risk spending more money. It is a calculated risk but I think you are right on the money on trying to project what will be a year from now.
Mr. O’Connor stated I don’t think they will be this low in November.
Mr. Burns stated is the 10% redundancy built into the budget now.
Mr. Griffin stated contingency.
Mr. Burns stated so there is a 15% cost overrun that would equate to maybe $100,000.00 out of the General Fund.
Mr. Griffin stated $100,000.00 cost overrun would be covered in the contingency.
Ms. Ploegher stated at $1.9 million actual construction costs, am I correct, including the contingency and the anticipated occurring rate of bonding financing in terms of home it would be a mortgage. It would be for 30 years, how much per year would that cost the taxpayer’s.
Mr. Burns stated the payment and interest or the change in the interest rate.
Ms. Ploegher stated if we were to go forward today or in July, but we don’t know what July is, right now we are at what percent.
Mr. Griffin stated 3% or 3.5% which translates to $160,000.00 per year on 30 years it would be about $140,000.00 per year. To the homeowner it would be about $25.00 per year.
Mr. Williams stated those figures are on the website.
All parties continued to discuss courthouse bonding.
Mr. Griffin stated the general consensus is to go forward with the bonding.
HIGHWAY REQUEST – DISPOSAL OF VEHICLE
Mr. Griffin stated we are starting to get rid of a lot of vehicles. The Highway Department is going through their entire inventory of vehicles. We have one truck that is listed as truck 140, 1985 Ford Dump Packer. Basically it was a garbage truck that the Highway Superintendent turned into a dump truck. It has been assessed by two mechanics and deemed not road worthy. My suggestion for the disposal of this truck is I would like to add it to all the other vehicles we are going to include in an auction. While this is not a road worthy vehicle it could certainly be an acceptable yard vehicle for sand and gravel or a construction company that would use it on a site. I don’t think this truck should be scraped, I think it should be auctioned. Depending on the results of the auction, we will go from there. If there are no takers then we will reassess. There is other equipment there also that we want to include in an auction.
LAND USE ATTORNEY
Mr. Griffin stated we spoke about the possibility of hiring a Land Use Attorney to help us with the update of our Town Codes and Master Plans relative to Clubs, Research and Development. As most of you know we are going to be holding a Public Hearing at the next Town Board meeting relative to a moratorium. I think it would behoove us to consider the possibility of hiring a Land Use Planning firm. This also comes with the benefit of Pace University Law School which is considered one of the better law schools around. If the Board is agreeable, I would like to move a resolution for acceptance of a contract with Wormser, Kiely, Galef & Jacobs in an amount not to exceed $260.00 per hour.
Mr. Griffin introduced the following Resolution for Acceptance of Professional Services Contract with Wormser, Kiely, Galef & Jacobs LLP for Legal Services:
R-0410-02
WHEREAS, the Town of Patterson has received the attached proposal from the law firm of Wormser, Kiely, Galef & Jacobs LLP to perform legal services on behalf of the Town in connection with the drafting of legislation and to update the Town Code of the Town of Patterson as it pertains to “Clubs” and “Research and Development” uses; and
WHEREAS, the Town of Patterson wishes to hire Wormser, Kiely, Galef & Jacobs LLP to perform the legal services in connection with the drafting of legislation and to update the Town Code of the Town of Patterson as it pertains to a “Clubs and “Research and Development” uses; and
WHEREAS, the Town of Patterson and Wormser, Kiely, Galef & Jacobs LLP wish to enter into the attached Professional Services Contract for the legal services in connection with the drafting of legislation and to update the Town Code of the Town of Patterson as it pertains to “Clubs” and “Research and Development” uses.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the attached Professional Services Contract with Wormser, Kiely, Galef & Jacobs LLP; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Professional Services Contract and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Roll Call Vote: Mr. Burns: yes; Mr. Capasso: yes; Mrs. Nacerino: yes; Mr. O'Connor: yes; Mr. Griffin: yes. Carried.
COMP-TIME/FLEX-TIME POLICY-DISCUSSION
Mr. Griffin stated we are in the process of updating our Personnel Policy. There seems to be some gray areas and confusion and I would like to get some guidance from the Board. We had a Town Employee who put in a significant amount of hours one week and the following week was on vacation. He took those hours that he worked the prior week and put them towards reducing the amount of vacation time usage, if you can follow what I am saying. The Town Comptroller flagged it and we discussed it. At that point, I said we will put that on hold until the Board sets a policy and we can adjust the individual’s time, if the Board feels that that type of flex policy is reasonable. The concern I have with salaried employees is it would only be available to salaried employees where they can put in a significant amount of hours in one week and then say I have 60 hours this week so I’m only going to work 20 hours next week. Is the Board comfortable with that. I have no problem with it or if we want to consider some sort of alternate policy. I think we need to make it clear what the rules of the road are in all fairness to the employees. As a salaried employee if you work 60 or 70 hours in one week does that entitle you to work only 10, 15 or 20 hours the following week. Or if you are scheduled for a vacation and then say because I have all these extra hours I’m only charging my vacation time 14, 16 hours or two days worth of vacation time and the other three days I’m just going to take because I worked all these extra hours. I need guidance from the Board.
Mr. Burns stated these are Exempt employees.
Mr. Griffin stated yes. They are employees that are on salary and appointed. Some are Civil Service some are not.
Mr. Curtiss stated I can give the Board a couple of drafts of policy that the Town of Kent did. One was that if it was a reoccurring overtime, like for court employees that have to appear at night they get a fixed flex-time schedule. If it is a salaried employee unless it is approved by you they don’t get the flex-time and they get the regular vacation time. They would have to put in some kind of request to have flex-time or some kind of comp time. If it’s salaried, exempt employees you pay them over time.
Mr. Griffin stated this is one of the things we want to avoid. It wouldn’t be available to salaried employees because anything over 40 hours is automatically paid as overtime. You can’t say you worked 65 hours so I’m going to take that off next week. For example; if you are working at the Recreation Center on Saturday then you would take Friday off and that Saturday would be a normal work day. This individual we are talking about would be charged for approximately 106 hours and would be paid for 80.
Mr. Curtiss stated would it be helpful if I gave you a couple of drafts of ideas on a flex-time policy.
Mr. Griffin stated that is ok going forward. What do we want to do for the current situation.
Mr. Curtiss stated you will have to look at that first. You are on a slippery slope with this. If you give it to one, you have to give it to all. You might want to put the policy in place first and put this request on hold. Did he have the authority to rack up these hours.
Mr. Griffin stated there was a vacation request put in to identify a certain amount of hours. We discussed it and I’m not sure how we left it. That request was approved.
Mr. Burns stated it was approved but I think you put on the record a question to whether or not that was an accurate representation of the comp time but we never reached a resolution on it.
Mr. Griffin stated Ginny and I both flagged it. The situation has basically come and gone. I took it upon myself to amend the time sheet after discussion with the Comptroller based on the conversation I was going to have here tonight with the Board as to how they want to move forward with a policy on this. At that point I’ll discuss it with the individual as to whether we credit his time back or what.
Mr. Burns stated if we reached a policy decision afterwards and then retroactively make an adjustment.
Mr. Curtiss stated yes, you could do that.
Conversation ensued regarding flex-time.
Mrs. Nacerino stated we should honor the request of Ray Blanar since the Personnel Policy is not in place yet.
Mr. Burns stated can we agree to look at the policy and solve Ray’s problem.
Mrs. Nacerino stated ok.
Mr. Burns stated Mr. Curtiss if he could circulate the policy.
Mr. Curtiss stated yes.
Mr. Blanar stated may I just say a few words regarding this weekend. I would like to thank all the volunteers and the Junior Staff who helped us at the Cornwall Ball Field doing the final reconditioning project. Phil Capalbo, Gene Brandon and Dan Finney for all their time and efforts on the project. Their expertise and dedication really made it possible. The field came out great as great as it could be without investing $20,000.00. You can definitely see a significant difference.
Mr. Bob Lichtenberger stated does the Town cut its own payroll or do they use an outside payroll service.
Mr. Griffin stated it is done in house.
Mr. Lichtenberger stated they have Human Resource Handbooks you can look into. The cost is about $4,000.00 to $6,000.00 flat fee. Also, I’m sure a lot of people in this room have worked salaried positions before. You don’t get any extra time. You took the job, you took it for a salary and whatever it takes to get the job done you put the time in. That is what it is. My business, I don’t get paid more for working seven days or three days. You get the job done.
BUDGET & FUND TRANSFERS
Mr. Griffin made a motion to approve the Comptrollers Budget Transfer request as written:
Budget Request No. 09
Increase: H.5031 Interfund Transfer (from refuse district) $72,552.29
From: H.0909 Fund Balance – Loan Proceeds for Truck $120,006.09
Increase: H.8160.200 Refuse & Garbage – Equip & Cap Outlay $192,558.38
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns: yes; Mr. Capasso: yes; Mrs. Nacerino: yes; Mr. O'Connor: yes; Mr. Griffin: yes. Carried.
Budget Request No. 10
The following budget adjustment is necessary to record the budget for the Patterson Refuse Truck, Garbage District #2
From: RP.0909 Fund Balance $72,522.09
To: RP.9950.300 Interfund Transfer – Capital Projects Fund $72,552.29
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns: yes; Mr. Capasso: yes; Mrs. Nacerino: yes; Mr. O'Connor: yes; Mr. Griffin: yes. Carried.
Budget Request No. 11
Miscellaneous revenue: this is a grant reimbursement. When we give out money to abandoned cemeteries we get a 50% reimbursement back from the County.
Increase: A.2389 Misc Rev – Other Governments $1,000.00
Increase A.8810.400 Cemeteries Contractual $1,000.00
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
EDMOND O’CONNOR
ADOPTION OF LOCAL LAW NO. 3 – LIVERY
Mr. O’Connor introduced the following Resolution of Adoption of Local Law No. 3 of 2010 Livery & Taxi Cab Services:
R-0410-03
WHEREAS, an amendment to Patterson Town Code Chapter 154-107.1, entitled “Livery and Taxi Cab Services”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-2 of 2010, and
WHEREAS, a public hearing was held on April 14, 2010, upon notice duly published and posted, and
WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and
WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 154-107.1, entitled “Livery and Taxi Cab Services”, which amendment will add Section 154-107.1 to permit livery service and taxi cab services to operating within a residential zoning district upon the issuance of a special use permit by the Zoning Board of Appeals, and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes an UNLISTED ACTION, and
WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the Introductory Local Law #2 as well as other supporting documentation for the project,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:
FURTHER BE IT RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination.
AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 154-107.1, entitled “Livery and Taxi Cab Services” in the form and manner as provided below, which amendment will add Section 154-107.1 to permit livery service and taxi cab services to operating within a residential zoning district upon the issuance of a special use permit by the Zoning Board of Appeals, and
BE IT FURTHER RESOLVED, that Introductory Local Law I-2 of 2010 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 3 of 2010 of the Town of Patterson, and
BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
PUTNAM LAKE & GOLDEN AGE SENIORS REQUESTS
Mr. O’Connor made a motion to approve the requests by the Putnam Lake and Golden Age Seniors for three trips totaling $675.00, $695.00 and $735.00 for coaches, fees for performances and the price per person.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
PUTNAM VETERAN’S DISCOUNT PROGRAM
Mr. O’Connor stated they are giving discounts to those who belong to the Veterans Favor Program. Go to the Office of the County Clerk with your DD Form 214 and they will give you a card that will give you discounts in certain places.
Mr. Fava stated I mentioned the program to my Accountant and he gave me a 50% discount. It is a worthy program.
Ms. Ploegher stated I am not a veteran. Just so I am clear, the County does not offer the discount. The individual businesses are discounting their services. The County is just coordinating it.
Mr. O’Connor stated yes, that’s right.
Mr. Griffin stated there is a list of the businesses on Dennis Sant’s website. There is over 100 businesses that are participating.
PUTNAM COUNTY COOPERATIVE PURCHASING
Mr. O’Connor stated at the last meeting we spoke about the Putnam County Municipak Purchasing Group. I hope you had a chance to look through it. I called a number of organizations listed. I didn’t get any negative comments only positive comments. As it states in the agreement it is to obtain the benefits and efficiencies to the membership by cooperating in the development of a concerted effort to maintain a Regional Bid Notification for the lower Hudson Valley. If you want to purchase anything from Staples you still can.
Mr. O’Connor introduced the following Resolution for Participation in the Regional Purchasing Program of the Hudson Valley Municipal Purchasing Group:
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WHEREAS, the Town of Patterson desires to participate in the regional purchasing program of the Hudson Valley Municipal Purchasing Group (HVMPG); and
WHEREAS, the Town of Patterson has submitted an application to become a member in the HVMPG, a program created by local governments in accordance with and pursuant to Section 119-o of the General Municipal Law; and
WHEREAS, the Town of Patterson is of the opinion that participation in the HVMPG will be highly beneficial to the taxpayers of the local government or their non-profit organization through the efficiencies and potential savings to be realized; and
WHEREAS, the Town of Patterson desires to participate and join with other local governments and non-profit organizations in a Cooperative Purchasing Agreement (“Agreement”) for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions and services.
NOW, THEREFORE BE IT RESOLVED, that the Town of Patterson hereby requests that the HVMPG allow its municipal government or non-profit organization to use the HVMPG’s Regional Bid Notification and E-Procurement System and also requests that the HVMPG include its stated needs in the HVMPG’s Cooperative Bids if so decided on a case-by-case basis. HVMPG members may be allowed to purchase those items from the HVMPG’s contracts, and the HVMPG is authorized to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the HVMPG members that have elected to participate; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the Cooperative Purchasing Agreement; and
BE IT FURTHER RESOLVED, that the execution of this Resolution shall evidence the election of the Town of Patterson to become a member of the HVMPG upon the terms and conditions stated. The governing board, at the time of this Resolution, has had full power and lawful authority to adopt the foregoing resolution and to confer the obligations, powers and authority to the persons named, who are hereby granted the power to exercise the same.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
CLEAN-UP DAYS
Mr. O’Connor stated the official clean-up days are Saturday, May 1, 2010 and Saturday, May 8, 2010. Bags will be available on Friday, April 30, 2010 and Friday, May 7, 2010 from 10:00 a.m. to 4:00 p.m. Bags will also be handed out on clean-up day itself from 7:00 a.m. to noon at the Patterson Library and the Putnam Lake Market. Put the trash on the side of the road and it will be picked up.
Mr. Griffin stated I would like to thank Pat Ploegher for doing road side clean up and keeping the commitment she made to the program and policing two miles.
Mr. O’Connor made a motion to add Executive Session to his agenda.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
OTHER BUSINESS
Mr. O’Connor stated two things came in at the last minute. One is from the Putnam County Council of Veterans of Foreign War. The Loyalty Day Celebration will be held at the Memorial Park in Kent on April 25, 2010 at 12:00 noon and conclude at 4:00 p.m. There will be a ceremony at 12:00 noon. I hope to see you all there.
Mr. O’Connor introduced the following Resolution for the Silver Star Families of America:
R-0410-05
WHEREAS, the Town of Patterson has always honored the sacrifice of the men and women in the Armed Forces and
WHEREAS, The Silver Star Families of America was formed to make sure we remember the blood sacrifice of our wounded and ill by designing and manufacturing a Silver Star (Service) Banner and Flag and
WHEREAS, to date The Silver Star Families of America has freely given thousand of Silver Star (Service) Banners to the wounded and their families and
WHEREAS, the members of The Silver Star Families of America have worked tirelessly to provide the wounded of this Town with the Silver Star (Service) Banners, Flags and care packages, and
WHEREAS, The Silver Star Families of America’s sole mission is that every time someone sees a Silver Star (Service) Banner on a window or a Silver Star (Service) Flag Flying, that people remember the Armed Forces sacrificed for this Town, State and Nation and,
WHEREAS, the People and the Town Board of Patterson wish that the sacrifices of so many in the Armed Forces never be forgotten
NOW THEREFORE IT BE RESOLVED, the Town Board of the Town of Patterson hereby do proclaim our appreciation of The Silver Star Families of America and honor their commitment to our wounded Armed Forces members. We hereby declare May 1st “Silver Star Banner Day” the permanent and official day to honor the wounded and ill Soldiers of the Town of Patterson.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of the Town of Patterson in the State of New York (this month of) _______ (day of)_______ in the (year of) ________.
Mr. O’Connor stated May 1, 2010 is Silver Star Banner Day.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. Burns stated I have an announcement from Cari Weizenecker who is on the Park Advisory Board to invite Board Members and the public in celebration of Earth Day in Scouting to Patterson Veterans Park on Friday, April 16, 2010 at 10:00 a.m. The first graders from Mathew Paterson Elementary School are planting 50 baby sugar maples. On Saturday the Cub Scout Pack 133 is planting another 50 trees for the 100th Anniversary of Scouting. They will also be doing trash pick-up around the park starting at 8:00 a.m. Later in the day at 1:00 p.m. at the park the Girl Scouts are having a spirit day and will have an event at the park. Hopefully it will be planting flowers as well. If you can come out in support of scouting and recognizing 100 years of scouting and the contribution that scouts make she would appreciate it.
The second piece of information I am sharing is a memo from Cari regarding Park Medic which I brought up in Executive Session so it is just sharing that memo with you it is not formally on my agenda. We can talk about that at the subsequent meeting.
Mr. Griffin stated I would just like to announce on April 17, 2010 the Boy Scouts of America Troop 440 of Patterson will be having a chicken BBQ dinner to raise money for their many troop activities. The main goal is to provide the boys with an opportunity to become future leaders. It will be held at the Patterson Community Church at 1062 Route 311 and Maple Avenue. It will be between 12:00 p.m. and 8:00 p.m. The donation is $10.00. Please feel free to stop by and support the scouts.
MRS. NACERINO’S ENVIRONMENTAL TIP
Baseball, softball…..you can save energy by scheduling day time games for your baseball and softball leagues. A single field can use an average of 72,000 kilowatt hours of energy for night time lighting. This much energy can keep your house lit for 60 years. In the United States there are more than 33 million youth and adults who belong to organized baseball and softball teams. If just 10% of these teams rescheduled one evening game for a daylight hour, the energy saved could broadcast the Major League All Star Game on 11 million televisions.
Mrs. Nacerino stated I would like to make an announcement this evening. The Town of Patterson Junior Recreation Board in conjunction with the Recreation Center will be hosting the annual Fashion Show and Women’s Wellness Expo on May 7, 2010. This year the honoree is Maryann O’Connor. I hope that all of you will attend. It is a very nice evening. Also, I would like to wish Supervisor Griffin a very happy birthday today.
Mr. Griffin stated thank you.
PUBLIC RECOGNITION
Ms. Patricia Ploegher stated I have a request from the Putnam Lake Community Council Board. Within the next month the volunteers from Putnam Lake will be going out and putting the docks in the water. As they do that they are required by the Department of Health in order to get certification for the beaches to be opened the weeds need to be removed 15 feet on either ends of the docks. We have long floating docks that go out to swim rafts. It is a tremendous amount of work and we were hoping that the Town will be able to get the carp gate approved and carp in the water and start the process of taking care of the weeds. We understand that may not happen at all if certainly not soon. We are desperately in need of assistance. When I say we, I mean those of us who live around the lake and whose homes are affected by the lake in a positive way. We would like the Town to please take ownership of the lake that it owns and try to do something. Whether it is aeration or floating islands or harvesters so the lake doesn’t deteriorate further. I know you have a lot on your agenda but if you could put the lake on it. There was a meeting in Lake Carmel and the Town of Kent sponsored a meeting addressing some of these issues and there were some very interesting ideas. They may be coming to one of the PLCC Board meetings. I would be glad to issue an invitation. I know we have two PLCC members on the Town Board so if either of you would like to come we would appreciate it.
Mr. Michael Carriha stated I wasn’t here when Ginny spoke so I hope I’m not having you repeat something. Regarding the Highway Department a couple of meetings ago you stated you were going to go down and do an internal audit. Second, did you do anything regarding the gas pumps. Do you just have a camera on it.
Mrs. Nacerino stated we spoke about doing an inventory control and I spoke to Gene Brandon and Margaux and Gene is taking care of that himself. I offered to assist but they are doing it. They are cleaning out and getting rid of old materials and trucks that don’t belong there. We did implement and adopt the Fuel Master for the gas.
Mr. Carriha stated regarding the Town employees who make overtime, are they allowed to take that in time or is it just on a cash basis only.
Mrs. Nacerino stated they are allowed to take comp time or salary.
Mr. Mike Turnyanski stated with respect to Ray, depending upon the needs of business or government, perhaps that is something that could be dealt with on an exception basis in light of the circumstances that took place. I think you could put something into your Personnel Policy regarding that with prior approval.
Mr. Turnyanski stated regarding Professional Services Contract for the land attorney it stated $260.00 per hour. On contracts of that type is there a cap that is put into the professional services contract that says not to exceed “X” number of hours before incurring them and the Town being responsible for it.
Mr. Curtiss stated generally there is a cap put on. There hasn’t been on this particular project because they are still going to get in touch with us because they have to give us an estimate as to what they feel they are going to need in terms of what has been drafted and what their comments will be. They will give us an estimate before they get started on what they anticipate it to be.
Mr. Turnyanski stated does that go into the contract.
Mr. Curtiss stated ultimately yes. That would be one of the specs.
Mr. Turnyanski stated I clean up on East Branch Road although I did not pick up six bags of garbage.
Mr. Turnyanski stated is there a policy or requirement that the Town go out with the referendum prior to building the court house in order to borrow money. I’m just trying to get educated on that point.
Mr. Griffin stated the residents have 30 days to protest, file a petition, etc. and then at that point if they were to collect a sufficient number of signatures they could request a mandatory referendum.
Mr. Turnyanski stated is there going to be a referendum on borrowing the $1.9 million for the court house.
Mr. Griffin stated it was already done.
Mr. Turnyanski stated does that get voted on as part of an election.
Mr. Griffin stated no.
Mr. O’Connor stated unless there is a sufficient number of signatures asked to be put on.
Mr. Turnyanski stated Ginny and Mike you both commented on the Personnel Policy manuals, can you just elaborate on that very briefly. Meaning specifically is it going to include things like appropriate behavior in the work place, policies regarding use of Town assets for personnel use, financial exposure to avoid any potential conflicts of interests, unethical behavior or conduct, policy for handling employee concerns and complaints, policies covering dating in the workplace and sexual harassment. Has a policy been distributed to employees up to this point for the past 100 years.
Mrs. Nacerino stated we are working on completing the revised Personnel Policy. I think all of the items that you read will be addressed. We have not distributed to the employees. Once we finish the last segment of it, we will distribute it in draft form to get the employees feedback before we finalize it.
Mr. Turnyanski stated have the employees previously been provided with any type of policy.
Mrs. Nacerino stated they do have an existing Personnel Policy.
Mr. Turnyanski stated so this will be an update.
Mr. Griffin stated it is sort of a hodge podge. It’s been patched and added to. We worked through HR Consultants to draft a new policy and we had several meetings. In the next three weeks we will be back up to HR for an updated draft. At that point, it will be circulated to the Town Board, the employees and then to the public.
Mr. Turnyanski stated when do you expect it to be complete.
Mr. Griffin stated by sometime in late summer.
Mr. Turnyanski stated one thought to include in there would be something on responsiveness in terms of responding to requests from the residents and taxpayers. Most recently I have tried contacting one or two individuals in the Town. I sent three emails; I stopped by the person’s office, left a message and did not hear. Even if it is to say I received your request and will respond back to your request or I have delegated this out to someone else.
Mrs. Nacerino stated I agree. As Elected Officials I think we should accommodate the public.
Mr. Turnyanski stated Mike I don’t recall you sending out an email regarding Bob Bondi’s being here this past Monday night. I may have just overlooked it.
Mr. Griffin stated my office did not send out an email. The county had notified us that they were going to be responsible on all the advertising and communications on it.
Mr. Turnyanski stated understood but given it was here at Town Hall if there are events of that type in the future, the same way you send out the agenda, could you send out a reminder that Bob Bondi would have been here. I would have shared some thoughts with him as well.
Mr. Burns stated you can still catch up with him. He is going to all the Towns.
Ms. Adrienne Kavell stated I would like to end this on a note of pride for Patterson. Last weekend two very exciting things happened here. One our own Tony Howarth wrote and directed a show at Arts on the Lake and it was marvelous. Secondly we have a wonderful new art gallery. I think we should all take part and go there and see what they have, purchase if we can and let’s support them. It’s right on Front Street and I think this is a wonderful thing for Patterson.
Mr. Griffin stated the Putnam Land Trust dinner is Saturday. It is at the Sheet Metal Workers Hall in Brewster.
EXECUTIVE SESSION
There being no further business, Mr. O’Connor made a motion to go into Executive Session at 9:25 p.m.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. O’Connor made a motion to close Executive Session at 9:55 p.m.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at 9:55 p.m.
ADJOURNMENT
There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 9:55 p.m.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK