PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
May 26, 2010
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
KEVIN BURNS, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
EDMOND O’CONNOR, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
TIMOTHY CURTISS, TOWN COUNSEL
ABSENT: JOSEPH CAPASSO, COUNCILMAN
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 15 in attendance.
AUDIT OF BILLS
Mrs. Nacerino made a motion to accept the Abstract as written:
General Fund $82,972.26, Highway Fund $84,990.59, Patterson Fire District $385.27, Waste Water Treatment Plant $18,037.36, Capital Fund $86,230.59, Library $151.46, Putnam Lake Refuse District #1 $840.49, Patterson Refuse District #2 $6,669.57, Deerwood Drainage District $15.51, Patterson Park District $2,196.74, Alpine Water District $1,466.15, Dorset Hollow Water District $631.00, Fox Run Water District $645.92, Trust & Agency $4,894.41, Grand Total Abstract $290,127.32.
Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes. Carried.
JOSEPH CAPASSO
ABSENT
MICHAEL GRIFFIN
PERSONNEL CHANGES
Mr. Griffin stated unfortunately no one could be here from the Building Department so we will table this one more time.
ZONING CONSULTANT
Mr. Curtiss stated I wanted to write them back that there is a cap. It doesn’t mean they have to cap the services but they have to come back to us to get further authorization.
Mr. Burns stated it would also be nice to get some sense of scope of work at $400.00 per hour. You could ask for a proposed budget.
Mr. Griffin stated the clock is ticking on this. We spoke informally about putting a cap on. Maybe $7,500.00 or somewhere along those lines.
Mr. Curtiss stated I called the office and he is on vacation this week and he will be back on Tuesday.
Mr. Griffin stated we only have a 180 day clock and we already ran through four or five weeks.
Mr. Burns stated didn’t we also want to have a joint meeting between the Zoning Board, the Planning Board and the Town Board after they looked at it to talk about the Master Plan.
Mr. Griffin stated that would certainly be part of the process. Tim did you put a cap in this resolution.
Mr. Curtiss stated I did not because I didn’t know what you wanted to set it at, but I can. I can amended it and do it.
Mr. Griffin stated what does the Board want to do. Do you want to do this in the first meeting in June or put a cap on it and go forward.
Mr. O’Connor stated is there any reason why it would not be possible to put a cap on it now and also to put a stipulation that there will be a scope of work identified by a budget.
Mr. Curtiss stated I can put that in there.
Mr. Griffin introduced the following Resolution Acceptance of Professional Services Contract with Wormser, Kiely, Galef & Jacobs LLP for Legal Services:
R-0510-02
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 “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 authorizes the Supervisor to execute the professional services contract with Wormser, Kiely, Galef & Jacobs LLP with an amount not to exceed $7,500.00 without further Board approval that the vendor will provide the Town with a scope of services and a budget for the project.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns: yes; Mrs. Nacerino: yes; Mr. O'Connor: yes; Mr. Griffin: yes. Carried.
RENTAL REGISTRATION – FOLLOW-UP
Mr. Griffin stated there is no one here from the Building Department.
Mr. Curtiss stated I spoke to them yesterday and they will be here on June 9, 2010.
MS4 ANNUAL REPORT
Mr. Griffin stated we had the Public Hearing and I would like to make a notion to adopt the Annual Report as written.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
PATTERSON/KENT IMA
Mr. Curtiss stated Rich has been through this issue several times and he can give us the update.
Mr. Rich Williams, Town Planner stated we have been approached by the Town of Kent who is interested in entering into an Intermunicipal Agreement (IMA) between the Town of Patterson and the Town of Kent and the developer to ensure the stormwater basins on both the Kent property and the Patterson property for the Patterson Crossing Retail Center, should it be constructed would be adequately maintained. It does not impose any duty on either Town from the other Town but allows either Town to assist the other Town in seeking compliance should the future developer decide not to maintain the stormwater ponds. It does not require us to maintain any of the ponds. Everyone has reviewed it and I think everyone is comfortable with the language of the IMA.
Mr. Griffin introduced the following Resolution for Acceptance of Inter-Municipal Agreement with the Town of Kent for Stormwater Management Facilities Maintenance Agreement:
R-0510-03
WHEREAS, The Town of Patterson has received the attached Stormwater Management Facilities Maintenance Agreement to be entered into with The Town of Kent in connection with the Patterson Crossing Retail Center; and
WHEREAS, The Town of Patterson and The Town of Kent wish to enter into the attached Stormwater Management Facilities Maintenance Agreement; and
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the Stormwater Management Facilities Maintenance Agreement with The Town of Kent; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the Stormwater Management Facilities Maintenance Agreement with The Town of Kent and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
DORSET HOLLOW WATER DISTRICT
Mr. Griffin stated we have a couple of proposals for some piping changes. We have a problem there with some leaks and some corroded pipes. The plan operator recommends that we go forward with repairing the pipes with metal, black iron as opposed to PVC.
Mr. Griffin made a motion to approve the proposal of RF Biel for the repairs to the Dorset Hollow Water System.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
INSITE ENGINEERING REQUEST
Mr. Griffin stated we received a letter from Insite Engineering representing the Hudson Valley Trust Inc. We have a representative here.
Ms. Theresa Ryan, Insite Engineering stated I hope you all had an opportunity to review what we have submitted to the Board a couple of weeks ago. We are basically looking for a variance from the Moratorium for Hudson Valley Trust. We gave you a lot of information on it, but the bottom line is Hudson Valley Trust already has a special permit for the Lawlor Building for Club use which they obtained from the Zoning Board of Appeals in November 2003. Since then they have purchased the remainder of a 22 lot subdivision and combined that with the property that the Lawlor Building used to be in. Now they have 19 acres contiguous and one tax lot. They would like to continue the Club use to the rest of the property, the barn structure and the shed.
Mr. Griffin stated do any Board Members have any questions.
Mr. Bruce Major stated as a representative of the Town, I would oppose any change. I think the moratorium should go as it has been instated. That property has been zoned residential. The use would be a commercial use if it wasn’t a non-for-profit. I think whatever regulations are going to be put into place should also apply to this new building.
Mr. Burns stated I believe it is problematic for us. We passed the moratorium for six months and then we don’t apply that unilaterally to all applicants it puts us in a difficult position. Is there some compelling special reason that we should consider this now as opposed to where you will be hampered by a six month moratorium.
Ms. Ryan stated there are certain time lines associated with this project. One of them is funding from DASNY. There are certain guidelines and timelines associated with that. There is going to be a moratorium on testing with the Health Department and that would also affect our application with the D.E.P. As I already stated, this has a Club use. It met the definition at the time the special permit was issued and we believe it still meets the definition of the current Club use. The mission of Hudson Valley Trust is preservation it’s not to develop the land. They are trying to preserve it in the state that it is in now and they will continue to do that with the property they have. It’s a little different than a typical Club. They are preserving and not developing.
Mr. Curtiss stated I was going to suggest that you appoint Special Council on some of the other issues that deal with this project. Maybe you want them to look at this too as to whether or not they would recommend a waiver or not based on the circumstances.
Mr. Griffin stated it is an existing permit. It’s not a new application it’s just a request to amend an existing permit. I would personally look at this slightly differently then a new application if this had not been in front of the Board before.
Mr. Williams stated Theresa have you submitted your justification on why you think this is special and unique to the Board.
Ms. Ryan stated yes it was submitted a couple of weeks ago.
Mr. Williams stated it is not already predisposed to some decision that you are just not going to allow any variances. The next step in the process would be to schedule a Public Hearing on this.
Mrs. Nacerino stated the Public Hearing would be to question whether the status of this project falls onto the designated 2003 Club status.
Ms. Ryan stated it is.
Mr. Burns stated the problem is we have one applicant who is approved. One is denied and we are going to say we are going to make a special exception for the applicant who is approved.
Mrs. Nacerino stated I’m not sure if it is a special exception rather than it being grandfathered in under the former status. That is the question that we are faced with tonight. That is what we are deliberating.
Mr. Griffin stated the other project in question hadn’t gotten any approvals for anything. This has already been through the Zoning Board, it’s already been granted an approval. The other concern that I have is that we know from personal experience what happens when you delay projects that have state grants, they go away.
Mr. Burns stated that is true. I was interested to hear if DASNY is still funding this.
Mr. Major stated it might be $1,000,000.00 you were supposed to get. Mike you said they have an existing permit. What permit was it and when was it issued.
Mr. Griffin stated November 17, 2003.
Mr. Major stated when did they acquire this other piece of property. Did they purchase it before or after that permit.
Mrs. Nacerino stated after.
Mr. Major stated I think you should look at it. It appears conditions have changed. They have added property and I think it warrants a look under the new guidelines.
Mr. Griffin stated what does the Board want to do.
Mr. O’Connor stated what is the quickest way we could relook at it. I was on the Zoning Board at the time and the only thing that was there was the old Town Hall property.
Mr. Curtiss stated the next step would be to set up a Public Hearing.
Mr. Griffin stated the Public Hearing would be a debate to let him go or not let him go. It would not be a debate based on new regulations that don’t exist yet.
Mr. O’Connor stated set the Public Hearing and we can make a decision on the 9th.
Mr. Griffin made a motion to schedule a Public Hearing for June 9, 2010 in the matter of Insite Engineering’s request for the Hudson Valley Trust amendment of existing permits.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
WWTP – GENERATOR
Mr. Griffin stated I’m sure all of you are well aware we had a fire at the Waste Water Treatment Plant. We have been through a great many meetings and situations with the insurance companies. We finally got permission from the insurance companies to go forward on the restoration of the in-house back-up generator. One of the things we requested that the insurance company was okay with was to have an engineer review the design of the existing chimney and venting system for the generator. We’ve used Fellenzer in the past and they submitted a proposal to go to the site and observe the original conditions and evaluate the original design based on the original drawings and provide findings with recommendations for a lump sum of $800.00.
Mr. Griffin made a motion to approve the Fellenzer proposal for the Waste Water Treatment Plant for an amount not to exceed $800.00.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
EDMOND O’CONNOR
SLUDGE BIDS
Mr. O’Connor introduced the following Resolution for Award of Contract for Sludge Hauling at the Patterson Waste Water Treatment Plant:
R-0510-04
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for the sludge hauling at the Patterson Waste Water Treatment Plant and lift stations; and
WHEREAS, numerous bids were received for the services that were advertised; and
WHEREAS, FRED A. COOK JR., INC. has submitted the attached proposal for the sludge hauling at the Patterson Waste Water Treatment Plan and the lift stations in the amount of $.125 per gallon of sludge removed and $.145 per gallon for sludge removed on an emergency basis; and
WHEREAS, FRED A. COOK JR., INC. submitted the lowest responsible bid; and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the attached proposal submitted by FRED A. COOK JR., INC.; and
WHEREAS, the Town Board of the Town of Patterson wishes to enter into the attached professional services contract for the sludge hauling at the Patterson Waste Water Treatment Plant and lift stations.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the attached bid proposal of FRED A. COOK JR., INC.; 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 for the sludge hauling at the Patterson Waste Water Treatment Plant and lift stations and any and all other documents necessary to give effect to this resolution.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
PATTERSON FD – NEW MEMBERS
Mr. O’Connor stated the Patterson Fire Department wishes to announce that the following individuals have been appointed to the Patterson Fire Department and we will add them into the insurance program:
Kathleen S. Davis – Patterson
Joan L. Healy Salankie - Patterson
SEPTIC REPAIRS PROGRAM
Mr. O’Connor stated Mary Conklin wrote a letter to Robert J. Bondi the current County Executive:
Many people in my Legislature District are very close to water sources that are part of the New York City Water Shed. These people are dealing with situations of failing septic systems that can affect the quality of our water. We the legislature have taken steps to get work done. Please let us know what needs to be done to get the process in motion. Constituents would be thrilled with low interest or no interest loan programs to help them get the work done. Thank you.
Mr. O’Connor stated I would like to ask the Supervisor to respond to Mary with a letter that he would like the Town of Patterson to be involved in this matter. We have had some problems in the past with the way the County does the septic program.
Mr. O’Connor continued to discuss the septic repairs.
Mr. Williams stated I think it is a great program. I would love to see it funded again however, it is not a required program. We are currently faced with a required program that we will need millions and millions of dollars that we don’t have. It would be very nice to see the remaining East of Hudson Funds for that program, which is a mandated program.
Mr. O’Connor stated the septic inspection or pump out is a mandated program.
Mr. Williams stated inspection and pump out is a mandated program. What you are talking about is a repair program. That is what the County wants to do.
Mr. O’Connor stated yes, I don’t like what the County wants to do. There are two programs coming down the pike that we are going to have to pay for. One is a septic pump out and inspection program, that is a year from now.
Mr. Williams stated correct.
Mr. O’Connor stated the other one that you are talking about is much larger and part of the MS4.
Mr. Williams stated the County is looking for a septic repair program. The MS4 mandated program is a septic inspection pump out. The reality is that we all should be pumping our septics out every three to five years, as is. What we are going to have to do to meet the requirements of the program is to somehow document that it is happening by collecting the slips from the waste haulers. There is no real cost to that.
Mr. O’Connor stated it’s no cost to us but the waste hauler gives the homeowner a slip when they give him $220.00.
Mr. Williams stated we are all doing that now.
Mr. O’Connor stated I am just saying that the original proposal said that they should set up an ongoing fund to subsidize that $220.00. They didn’t do that. You are talking about another much more expensive mandated program that we also don’t have any idea how to fund. I would be happy if they did either one.
Mrs. Nacerino stated that is not what Mary Conklin is requesting. She is requesting a septic repair program which is different to what Rich is referring to.
Mr. Williams stated I’m talking about the stormwater retrofit program.
Mr. O’Connor stated the one they have now does not benefit the people of Patterson.
Mrs. Nacerino stated this is a separate issue.
Mr. O’Connor made a motion that a letter will go out recommending that the Supervisor meet with the County Executive and Mrs. Conklin and stress the need that the money be geared toward a widespread program of which there are two. One would be a widespread Septic Maintenance Program and the seconded would be that it would be used for the MS4 Program.
Mr. Griffin stated would you like to add one more part to that, that we do not support the current program.
Mr. O’Connor stated the current program that is currently in use does not serve the purpose and I think it should be changed.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. Griffin stated only the Federal Government can spend $30,000,000.00 on something that cost $30,000.00. The program that was done did benefit a very small group of people and it did cost a tremendous amount of money. There were septic repairs that were in excess of $30,000.00 that were not loans, they were gifts. Rich is absolutely correct. We are looking at a program right now that has a financial impact to Putnam County in excess of $100,000,000.00. At this point, I’m with Ed, I don’t think that the Septic Repair Program as it is currently structured is cost effective and I don’t think it is beneficial to the vast majority of the residents of Putnam County.
MARTIN ASSOCIATES TAX CERTIORARI
Mr. O’Connor introduced the following Resolution for Martin Associates Tax Certiorari:
R-0510-05
WHEREAS, tax certiorari proceedings were brought on behalf of Martin Associates for the tax years 2003, 2004, 2005, 2006, 2007, 2008 and 2009 affecting the parcel known as 3101-3113 Route 22 and designated as Section 4, Block 1, Lot 34 in the Town of Patterson; and
WHEREAS, the parties have agreed to settle the tax certiorari proceedings in accordance with the Consent Judgment and Stipulation & Agreement prepared by Harold Halpern, attorney for Petitioner, copies of which are attached hereto; and
WHEREAS, the Town Board of the Town of Patterson wishes to authorize its counsel, Curtiss & Leibell, P.C., to sign said Consent Judgment and Stipulation & Agreement on behalf of the Town of Patterson; and
WHEREAS, the Town Board of the Town of Patterson further wishes to authorize the Supervisor to seek financing, if necessary, to pay the judgment after entry, at an interest rate not to exceed Seven Percent (7%).
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes its counsel, Curtiss & Leibell, P.C., to sign the Consent Judgment and Stipulation & Agreement on behalf of the Town of Patterson; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to seek financing, if necessary, to pay the judgment obtained by Petitioner at an interest rate not to exceed Seven Percent (7%).
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
GOLDEN AGE SENIORS’ REQUEST
Mr. O’Connor made a motion to approve a Senior trip request for the Golden Age Seniors to go to the Home Buffet for a Mother’s Day Luncheon at $8.00 a piece for a grand total of $258.00.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
CLUB COURT PARK REPAIRS
Mr. O’Connor stated Club Court Park is also known as H. Ted Bauman Park. Playground Medic did an inspection and made a list of things we should do. The total is $5,315.00. Some of which I think is questionable. We have been looking at the park with Paul Fava who is mechanically inclined. I spoke to Playground Medic and one of the charges is $1,200.00 to install a new cargo net climber that kids climb up. The one that is there now is made a chain links and they are starting to break up. They make them out of nylon rope and will be cheaper than the chain link. I contacted another place and I’m waiting for prices.
REIMBURSEMENT REQUEST-ASSOCIATION OF TOWNS
Mr. O’Connor stated the Assessor’s Office attended the Association of Towns. Since they didn’t attend last year, they didn’t know they were supposed to have receipts for the cost of food so they put in what they thought the standard daily rate was. We changed that. It is no longer a per diem amount but a reimbursement for the actual amount spent. Patricia Brooks, Comptroller stated her recommendation would be to use the IRS standard meal allowance. Which was less than the money they spent on the food, but they would be satisfied with that.
Mr. O’Connor made a motion for the two and half days they attended the Association of Towns that they be reimbursed an amount not to exceed $124.25 each for Donna DiPippo and Christopher Boryk’s expenses.
Seconded by Mrs. Nacerino.
Mr. Burns stated I thought it was pretty common knowledge that you had to get receipts. I went and I didn’t get a receipt and I didn’t get reimbursed and I didn’t expect to. How is it communicated to Town employees that are going to conferences.
Mr. O’Connor stated Chris didn’t remember it. At the time we passed the resolution I was under the impression that everyone received a copy.
Mrs. Nacerino stated I asked Patricia when we make any legislative changes if the employees are apprised of it, she said yes that was done. It just basically slipped through the cracks, an oversight on their part. We will honor it this time but going forward we will implement the policy.
GINNY NACERINO
Mrs. Nacerino stated I have a memo from the Planning Board and Zoning Board. They received an application from Hudson Valley Trust for site plan approval. The Town Attorney has removed himself from review of the application due to potential appearance of a conflict of interest. The Planning Board and Zoning Board request the Town appoint Special Counsel to assist the Planning and Zoning Board in review of this application.
Mrs. Nacerino made a motion to retain the services of Joseph Sharvano as Special Counsel.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
SET DATE FOR INTERVIEWS - TOWN JUSTICE
Mrs. Nacerino stated we received a few resume´s for the vacancy for Town Justice.
Mrs. Nacerino made a motion to authorize the Town Clerk to advertise for that position for next week and close the submission date on June 15, 2010. No applications to be accepted after that date. Then convene and interview on June 21, 2010 between 1:00 p.m. and 5:00 p.m.
HIGHWAY UPDATE/INVENTORY
Mrs. Nacerino stated I received a letter from Gene Brandon regarding equipment to go out to sealed bid:
Attached is a list of Highway Equipment suggested to put out to sealed bid. I would like to make an appointment with you and any other Town Board members who would be interested in viewing the condition of the equipment to finalize the list. Please call Marguax and set up an appointment.
Mrs. Nacerino stated I called Margaux to set up an appointment. This week is busy for them. She said she and Gene would be available next week. Is there any other Board member who would like to attend with me.
Mr. Burns stated I will go.
Mrs. Nacerino stated sometime next week would be good.
Mr. Griffin stated I guess the other Highway Committee Member isn’t going to be around.
Mrs. Nacerino stated I don’t know where he is.
Mr. Burns stated I will defer to Joe if he wants to go, if not I will. Let me know the time.
Mrs. Nacerino stated I will let you know.
Mrs. Nacerino stated just to let you know a comprehensive inventory was submitted to the Town Board regarding all their equipment. The only thing missing is the rakes and shovels which they still have to count. As far as all the big equipment, chain saws etc. we have a comprehensive review going forward.
TOWN CLERK’S REQUEST - COMPUTER
Mrs. Nacerino stated I have a request from Antoinette Kopeck, Town Clerk:
I am in need of a new computer. Attached please find a quote from Dell in the amount of $1,277.64. I spoke with the Comptroller and there is money in the budget.
Mrs. Nacerino made a motion to approve the expenditure for a new computer for the Town Clerk for $1,277.64.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
EXECUTIVE SESSION – PERSONNEL
Mrs. Nacerino deferred Executive Session – Personnel to the end of the meeting.
KEVIN BURNS
BUDGET TRANSFERS
Mr. Burns made a motion to approve the Comptrollers Budget Transfer Request No. 14 through 18 as written.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
TIME OFF/CONFERENCE REQUESTS
Mr. Burns made a motion to approve the five time-off requests as written.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
VETERANS MEMORIAL PARK REQUESTS - BALLFIELD/SECURITY LIGHTING/STAFF
Mr. Burns stated we have a bid that was received to install lighting from Elite Electrical Enterprises. For anyone who is not aware there were some on-going issues we encountered at Veterans Memorial Park with regards to kids loitering in the park and engaging in prohibited activities under our code. One of the things we thought would be helpful in addressing this issue would be an installation of motion sensors. The bid from Elite is for $1,750.00. Has everyone had a chance to review this.
Mr. Burns made a motion to approve expenditure for $1,750.00 to Elite Electrical for installation of security lighting at Patterson Veterans Memorial Park and to authorize the Supervisor to execute any documents to give effect to this proposal.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Burns stated while we are on the issue of the Patterson Town Park, I attended a Park Advisory Board Committee meeting. The police responded to two incidences that occurred in the Town and everyone was given a memo on what happened. We thought it might be prudent to have the Supervisor write a letter to these individuals saying their children were found in the Town “allegedly” engaging in certain activities and it was our intent to enforce the code going forward. Apparently the Sheriff did not issue any tickets. He simply asked the kids to leave the park.
Ms. Cari Weizenecker, Chairperson of Patterson Park Advisory Board stated this is an on-going situation. We got to the point where we wrote the memo. Yesterday, I was at the beach and the kids were swimming without the lifeguard there. The park is not even open yet. I asked them three times to leave. The first time they did get out of the water. By the third time basically they weren’t listening and were very nasty. It’s for their own safety and it’s illegal to be in the water swimming and throwing each other into the water. When I got home I called Brian. Brian spoke to the Sheriff’s Department and they were going to go over there. Tonight when I was getting ready for the meeting, I had a parent call and complain because she is very upset about what is going on with the park. She is here tonight. Brian cleans off graffiti everyday and it’s getting to the point where it is upsetting parents and people are afraid for their kids. It is a very intimidating group. It changes, it isn’t always the same group of kids.
Ms. Maureen Wichinsky stated I was at the park today with my children and we haven’t been there in a while but when my children got up on the slide they saw there was writing. I told Brian. It’s sad. We go to the park often and for my children to see the playground being defaced was sad.
Mr. Burns stated was this graffiti or inappropriate writing.
Ms. Wichinsky stated it was inappropriate writing. Some of it I couldn’t even read. They really had to climb to get up there. The group of kids were there at the time. They didn’t bother us at the time but it could be intimating. They were riding bikes in the parking lot. One of the kids was asking people for money because the ice cream truck pulled in. The other thing that made me sad was there was a gentleman there and he was collecting cans from the garbage.
Mr. Burns stated the name Brandon was spray painted in different locations. We have no proof that Brandon actually wrote Brandon on the wall, but when they find these people doing these things the police aren’t issuing violations. We can have our park individuals write civil violations not criminal violations. The issue is enforcement. How do you make a point with these kids and get the parents attention. My thought was we have the names of five or more individuals and write to those families and say it is alleged that they have engaged in an inappropriate activity and we fully intend to enforce our code. You can’t ride your bike in the park, you can’t drink alcohol in the park, you can’t smoke marijuana and you can’t deface the property of the park by writing on it. If this happens again citations will be issued.
Mr. Curtiss stated the Sheriff’s Department has a neighbor watch program that also will step up enforcement in the area.
Mr. Burns stated wouldn’t we also be able to have a Town employee enforce the civil violation of the code.
Mr. Curtiss stated yes.
Mr. Burns stated unless you set an example with these kids now, schools going to be out in a few weeks and the problem is only going to get worse.
Ms. Weizenecker stated would that be the Code Compliance Officer that would give out tickets.
Mrs. Nacerino stated Cari if you could stick around for a few minutes after the meeting and come into Executive Session I would like to discuss this matter in a little more detail.
Ms. Weizenecker stated also, I would like to make it a drug free zone. I don’t know how we go about doing that. I know the schools post it.
Mr. Curtiss stated the Sheriff’s would put up signs. He will set that whole area up as a drug free zone.
Mr. O’Connor stated the drug free zone designation increases the penalty for violation.
Mrs. Nacerino stated I will call the Sheriff tomorrow and ask him about the drug free zone.
BALLFIELD
Mr. Burns stated before we discuss this should we discuss where the funds are going to come from. I believe we only have $30,000.00 in the budget and I was going to propose taking excess out of our surplus funds to fund the additional amount.
Mr. Griffin stated if there is a fund balance in the park then it is fine. I have to check with Ms. Brooks to see what the fund balance is at this point.
Ms. Weizenecker stated apparently we do have enough to cover it, $10,000.00. Unfortunately there is another expense. We haven’t had sand in over six years at the one beach and the sandbox is pretty disgusting. I called five different vendors and received two quotes back. Red Wing was $37.00 per ton delivered and Putnam Stone was $50.00 per ton. We need 79 yards for a total of $3,219.00. This was not a budgeted item but I think it is necessary.
Mr. Griffin stated one of the proposals that we have here is for cow bay sand. Is that what you would prefer as opposed to beach type sand.
Ms. Weizenecker stated no we want the beach sand.
Mr. Griffin stated cow bay sand is usually for masonry work.
Mr. Burns introduced the following Resolution for Acceptance of Proposal for Infield and Pitchers Mounds Reconstruction at Veterans Memorial Park:
R-0510-06
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for the infield and pitchers mounds reconstruction at the Veterans Memorial Park; and
WHEREAS, D.E.W. CONSTRUCTION, INC. has submitted the attached bid proposal to perform the infield and pitchers mounds reconstruction at the Veterans Memorial Park in accordance with the attached bid specifications in the amount of Thirty-Eight Thousand Five Hundred Forty Dollars ($38,540.00); and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid proposal submitted by D.E.W. CONSTRUCTION, INC.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid proposal of D.E.W. CONSTRUCTION, INC. to perform the infield and pitchers mounds reconstruction at the Veterans Memorial Park in accordance with the attached bid specifications in the amount of Thirty-Eight Thousand Five Hundred Forty Dollars ($38,540.00); and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns: yes; Mrs. Nacerino: yes; Mr. O'Connor: yes; Mr. Griffin: yes. Carried.
SAND
Mr. Burns made a motion to provide beach sand delivered to the Town Park at a price of $37.00 per ton delivered for an amount not to exceed 79 yards and to authorize the Supervisor to execute any documents to give effect to the acceptance of this bid.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Ms. Weizenecker stated we redid all lifeguard job descriptions this year. They signed them. The cell phones are to be left up in the office. Guards were all told if they are caught on the cell phone texting or whatever they will be terminated. No cell phones on the beach. If they are on break they need to step away and go up to the guard shack. We had an issue with a lot of complaints last year regarding cell phones and the guard’s texting. Next year I would like to make it into a policy so we have a handbook for the guards.
Mr. Burns stated the second memo has to do with making the Park Advisory Board adjustments to payroll.
Ms. Weizenecker stated yes, we have a new head guard. McIan Campbell has been with us for several years and he will be moving up to head guard, so he is getting a salary increase. We have two possibly three new younger guards, which we need to see us through the end of August when all the college kids go back to school.
Mr. Burns made a motion to authorize the Park Advisory Board to make the following promotions: McIan Campbell to head lifeguard; allow them to hire Robert Zakharchuk and Marielle Campbell and possibly Emily Seirup at the rate specified in the memo.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
SANITATION REQUEST/NOTIFICATION
Mr. Burns stated I have two requests from sanitation. The first is a revision of the Bulk Pick-Up Application. As you know the Town charges amounts for certain items that are dropped off such as air conditioners and box springs. There is a proposal to add a $3.00 charge for electronic waste which would include computers, televisions, faxes and phones. Apparently that is becoming an increasing burden in terms of disposing those items so Sanitation had calculated approximately based on the container size. Apparently it is costing about $2,000.00 per month to dispose of electronic waste. I heard that the County was initially picking up the cost, but I’m not sure that is going to last.
Mr. Griffin stated we need to get clarification on that. We are talking about bulk pick-up when they go to your house.
Mr. Burns stated before we amend the bulk pick-up I will see if the County said they would no longer pay for it.
Mr. Burns stated I have a request for temporary employment. Right now Sanitation is down two men. One with an injury and one out on disability. There was a request to provide a list of available men who could assist on a part time or temporary basis. There was also a request as to what we would pay on a temporary rate.
Mr. Curtiss stated we will have to get CSEA involved. You can hire up to four or five months before they become a permanent employee. You would have to do a memo of agreement with CSEA.
Mr. Griffin stated you have to talk to the President.
OTHER BUSINESS
Mr. Burns stated we had approved a certificate of occupancy for an apartment building at
Field and Forest Court. It was subject to some improvements being made. Some concerns were expressed that those improvements might not be made by the time frame they were supposed to be completed in. I just wanted to bring this to the Board’s attention. They have another 30 days to comply. Do we want to wait to see if they comply or take a drive by and see if they are ignoring us.
Mr. Griffin stated Councilwoman Nacerino should give you some update on the individual in Executive Session.
MRS. NACERINO’S ENVIRONMENTAL TIP
Adhesives used for flooring, cabinetry and furniture can often contain more hazardous chemicals then the materials they are bonding. For that reason it is best to us installation techniques that avoid the use of adhesives whenever possible. If adhesives are required for your project try to select brands that are water or vegetable based. You will reduce hazardous emissions by over 99% compared to adhesives that contain petroleum derived solvent.
Mrs. Nacerino stated I would also like to take this opportunity to wish Edmond O’Connor a very happy birthday this weekend.
Mr. Griffin stated Rich are we any closer to having a recommendation on Fox Run Phase II yet.
Mr. Williams stated yes you are.
Mr. Griffin stated good.
PUBLIC RECOGNITION
Mr. Bruce Major stated I would like to bring your attention back a year and a half when one former Town Board member and two current Town Board members voiced concern relative to overbilling by the then Town Engineer. It was a six month process that you went through with an RFP. You hired a new engineer. That engineer has now been in your employment for about one year and I was wondering what assessment or review do you plan on taking, if any, to determine whether or not this engineer is meeting his responsibilities.
Mr. Griffin stated we are going to assess all the bills and I think Patricia is due to have her first quarter out very soon. We will have an idea of year over year comparison as to what we paid the engineers.
Mrs. Nacerino stated Bruce, I also think if you make a comparison with the abstract from that time frame a year or two ago as opposed to the abstracts that are introduced now, they are significantly lower. That is one of the indications that engineering costs are lower.
Mr. Major stated but are the engineering costs lower because there is less engineering or is it because this engineer is more responsive and more concerned about his billings.
Mrs. Nacerino stated I think it is a little of both. We would have to do a comprehensive report to really determine that.
EXECUTIVE SESSION
There being no further business, Mr. O’Connor made a motion to go into Executive Session at 8:55 p.m.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. O’Connor made a motion to close Executive Session at 10:20 p.m.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at 10:20 p.m.
Mr. Griffin made a motion to add to the agenda an Appointment of Charles Cook to the Position of Consultant to Patterson Recreation Department for an amount not to exceed $75.00 per hour, not to exceed 20 hours per week from June 1, 2010 to July 31, 2010.
Seconded by Mrs. Nacerino. All In Favor of adding that to the agenda. Aye.
Mr. Griffin made a motion to authorize the following Appointing Charles Cook to the Position of Consultant to the Recreation Center under the conditions previously stated.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
ADJOURNMENT
There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 10:25 p.m.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Respectfully submitted,
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ANTOINETTE KOPECK, TOWN CLERK