PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NEW YORK 12563
JULY 11, 2012
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
CHARLES W. COOK, DEPUTY SUPERVISOR
ROBERT MCCARTHY, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
ANTOINETTE KOPECK, TOWN CLERK
DONALD M. ROSSI, TOWN COUNSEL
ABSENT: KEVIN BURNS, 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.
REPORTS
Mr. Griffin asked the clerk to file the reports as read.
Code Compliance - June
Code Enforcement - June
Dog Control Officer - June
E.C.I. - May & June
Putnam Lake Fire Dept. - None
Patterson Fire Dept.-None
SUPERVISOR REPORTS
Mrs. Nacerino made a motion to approve the Supervisor’s Report for May.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
MINUTES
Mrs. Nacerino made a motion to approve the following minutes:
Public Hearing Minutes - Chapter 154 - Zoning - June 13, 2012
Public Hearing Minutes - Chapter 64-14.1 - Building Construction - Elevators - June 13, 2012
Public Hearing Minutes - Chapter 64-19G - Building Construction - Violations - June 13, 2012
Public Hearing Minutes - MS4 - June 13, 2012
Town Board Meeting Minutes - June 13, 2012
Seconded by Mr. McCarthy. All In Favor: Aye. Carried.
AUDIT OF BILLS
Mrs. Nacerino made a motion to accept Abstract No. 12 as written:
General Fund $80,476.21, Highway Fund $28,313.59, Waste Water Treatment Plant $13,854.26, Patterson Light District $21.40, Putnam Lake Refuse District #1 $20,454.55, Patterson Refuse District #2 $30,100.83, Patterson Park District $3,858.18, Alpine Water District $292.86, Dorset Hollow Water District $5,962.35, Fox Run Water District $8.28, Trust & Agency $452.94, Grand Total Abstract $183,795.45.
Seconded by Mr. Cook. Roll Call Vote: Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.
ROBERT MCCARTHY
BUDGET TRANSFER(S)
Mr. Burns made a motion to approve Budget Transfer No. 26 and 27.
Budget Transfer No. 26
From: A.1910.400 Unallocated Insurance ($2,000.00)
To: A.1321.400 Auditor Contractual $2,000.00
Seconded by Mr. Cook. All In Favor: Aye. Carried.
Budget Transfer No. 27
From: RP.8160.402 Sanitation Contractual - ($5,475.00)
Transfer Charges
To: RP.9040.800 Workers Comp Ins - $5,475.00
Employee Benefit
Seconded by Mr. Cook. All In Favor: Aye. Carried.
PUTNAM LAKE SENIORS’ REQUEST(S)
Mr. McCarthy made a motion to approve the request by the Putnam Lake Seniors’ for a
Trip to Ace in the Hole for an amount not to exceed $1,225.00.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
MICHAEL GRIFFIN
NYSLRS STANDARD WORK DAY AND REPORTING RESOLUTION
Mr. Griffin introduced the following Resolution NYSLRS Standard Work Day and Reporting Resolution:
R-0712-01
SEE ATTACHED
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
TOWN PLANNER’S MEMO – TOWN HALL HVAC
Mr. Griffin stated we have a problem with our heating and cooling system and part of the problem is that we do not have the software to work the system from within. ENCON was the company who installed the system. They offered to sell us the software for $6,840.00. We have a request from the Town Planner that we consider acquisition of the software so that we can do more of the work here and save some money. We spent a significant amount of money over the last five years.
Mr. Griffin made a motion to approve the Town Planner’s request to purchase the ENCON software for the air conditioning for an amount not to exceed $6,840.00.
Seconded by Mrs. Nacerino.
Mr. Cook stated there is a Building line budget that this would come out of.
Mr. Griffin stated yes. Everything goes through Patricia Brooks, Town Comptroller before we do anything.
All In Favor: Aye. Carried.
CAPITAL PLAN FINANCING
Mr. Griffin introduced the following Resolution Veteran Memorial Park Capital Plan SEQRA Determination of Significance:
R-0712-02
WHEREAS, the Town Board of the Town of Patterson proposes to construct various improvements to the Veteran’s Memorial Park as described in a Capital Improvement Plan including, but not limited to, the rehabilitation of buildings, new sidewalks, and the acquisition of furnishings, equipment, machinery or apparatus that are required for the purposes for which such Park is to be used, and
WHEREAS, said Capital Improvement Plan was approved by the Town Board on June 27, 2012 with a maximum cost estimated at $219,085.25; and
WHEREAS, the Town Board proposes to finance the cost of one or more of the improvements described in said Capital Improvement Plan through the issuance of serial general obligation bonds (the “Bonds”) in the aggregate principal amount of not to exceed $140,000.00; 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 Veteran’s Memorial Park Capital Improvement Plan as well as other supporting documentation for the project,
NOW 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:
There will be no substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.
There will be no substantial increase in potential for erosion, flooding, leaching or drainage problems.
There will be no substantial increase in traffic or the use of existing infrastructure.
There will be no removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
There will be no significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources
There will be no significant impairment of existing community or neighborhood character.
BE IT FURTHER RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Griffin introduced the following Resolution for Acceptance of Bond Resolution Dated July 11, 2012 of the Town Board of the Town of Patterson Authorizing Not to Exceed $140,000.00 Aggregate Principal Amount of Serial General Obligation Bonds to Finance Capital Improvements at Veteran Memorial Park, at an Estimated Maximum Cost of $219,085.25, Levy of Tax in Annual Installments in Payment Thereof, and Determining Other Matters in Connection Therewith:
R-0712-03
WHEREAS, the Town Board of the Town of Patterson by resolution duly adopted on July 11,2012, the Town Board determined that the Purpose (as defined below) was an "unlisted action" pursuant to Article 8 of the New York State Environmental Conversation Law and 6 NYCRR Part 617 ("SEQRA") and issued a negative determination with respect to the Purpose pursuant to SEQRA;
NOW THEREFORE BE IT RESOLVED BY THIS TOWN BOARD AS FOLLOWS:
Section 1: The Town is hereby authorized to make capital improvements to Veterans Memorial Park, including the reconstruction of buildings, site work, and the acquisition of original furnishings, equipment, machinery or apparatus required for the purpose for which such Park is to be used.
Section 2: The Town is hereby authorized to issue its serial general obligation bonds
(the "Bonds") in the aggregate principal amount of not to exceed $140,000.00 pursuant to the Local Finance Law of New York, in order to finance the class of objects or purposes described herein.
Section 3: The class of objects or purposes to be financed pursuant to this Resolution (the "Purpose") is the embellishment of Veterans Memorial Park, including the reconstruction of buildings, site work, and the acquisition of original furnishings, equipment, machinery or apparatus required for the purpose for which such Park is to be used.
Section 4: It is hereby determined and declared that (a) the maximum cost of the Purpose, as estimated by the Town Board, is $219,085.25, (b) the Town plans to finance the cost of the Purpose from funds raised by the issuance of the Bonds and bond anticipation notes hereinafter referred and the expenditure of funds appropriated in the current and following four fiscal years.
Section 5: It is hereby determined that the Purpose is one of the class of objects or purposes described in subparagraph (c) of Subdivision 19 of Section 11.00(a) of the Local Finance Law, and that the period of probable usefulness of the Purpose is fifteen (15) years. The proposed maturity of the Bonds shall exceed five years. The Bonds are not being issued to finance an assessable improvement.
Section 6: Subject to the provisions of the Local Finance Law, the power to further authorize the issuance of the Bonds and to authorize the issuance of bond anticipation notes issued in anticipation of the sale of the Bonds (including renewals thereof) and to prescribe the terms, form and contents of the Bonds and bond anticipation notes, including the consolidation with other issues and the use of substantially level or declining annual debt service, and to sell and deliver the Bonds and bond anticipation notes, is hereby delegated to the Supervisor of the Town, the chief fiscal officer. The Supervisor of the Town is hereby authorized to sign and the Town Clerk is hereby authorized to attest any Bonds and bond anticipation notes issued pursuant to this Resolution, and the Town Clerk is hereby authorized to affix to such Bonds and bond anticipation notes the corporate seal of the Town.
Section 7: The faith and credit of the Town of Patterson, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such Bonds and bond anticipation notes as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall be levied annually on all taxable real property of said Town, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable.
Section 8: This Resolution shall constitute the Town's "official intent", within the meaning of Section 1.150-2 of the Treasury Regulations, to finance the cost of the Purpose with the Bonds and notes herein authorized. The Town shall not reimburse itself from the proceeds of the Bonds or notes for any expenditures paid more than sixty days prior to the date hereof, unless specifically authorized by Section 1.150-2 of the Treasury Regulations.
Section 9: This Resolution is adopted subject to a permissive referendum pursuant to Section 35.00 of the Local Finance Law and Section 90.00 of the Town Law. The Town Clerk is hereby authorized and directed within ten (10) days after the adoption of said Resolution, to cause to be published a notice which sets forth the date of the Resolution's adoption and contains an abstract of the Resolution concisely stating its purpose and effect.
Section 10:This resolution, when effective, shall be published in full by the Town Clerk together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in the official newspaper of the Town. The validity of the Bonds or of any bond anticipation notes issued in anticipation of the sale of the Bonds may be contested only if such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.
Section 11:This Resolution shall take effect upon the earlier of (a) expiration of the time for filing a petition requesting that the issuance of the Bonds be submitted to referendum or (b) a positive vote upon the referendum authorizing the issuance of the Bonds.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.
Mrs. Nacerino stated I would like to take a moment to commend the Park Advisory Board for their diligent and hard work working to get this Capital Plan to fruition and for Rich Williams for his knowledge and assistance in executing this Capital Plan, thank you.
Mr. Griffin stated especially Rich Williams. The Park Advisory Board did a great job. Rich put it all on paper and Trish got the resolution all worked out.
Mr. McCarthy stated Cari is the backbone of it.
Mr. Cook stated we still have to deal with the issue of that drainage line. That is not part of this and we have to face it and get it fixed at some point in time.
PATTERSON FD REQUEST
Mr. Griffin stated we have a letter from the Fire Department asking us to contribute to the fireworks this year. I checked with Trish and we do have $500.00 in the celebration line, which is the limit the State allows us to contribute and spend on fireworks.
Mr. Griffin made a motion to donate $500.00 to the Patterson Fire Department for the purposes of expanding their fireworks display for their parade and carnival, which is on the 27th of July.
Seconded Mrs. Nacerino. All In Favor: Aye. Carried.
CODE AMENDMENT FENCES-FOLLOW-UP
Mr. Griffin stated we had a brief discussion about fences and at this time I would like to invite the Town Planner up to make some comments.
Mr. Williams stated currently our Town Code prohibits anything larger than a four foot fence in someone’s front yard. That presents a hardship for some people especially if they have a very long driveway and their front yard is 1,000 feet. We had many discussions about how to structure that Local Law and there were other issues that were brought into it. I’m not clear what direction everyone wants to go on this. Maybe we should have a work session so I can get a clear understanding of what everyone wants to do.
Mrs. Nacerino stated when discussions ensued awhile back we wanted a common sense approach to fences. Some of the restrictions we have now don’t make much sense for some parcels while others in more densely zoned areas would. This is a long time overdue.
Mr. Williams stated yes. You can get back to me with what we will do.
Mrs. Nacerino stated sure.
GINNY NACERINO
RESIDENT’S LETTER – GARBAGE DISTRICT 1
Mrs. Nacerino read a letter from Irene Mele praising the garbage men in Putnam Lake.
PAB REQUEST(S)
Mrs. Nacerino made a motion to approve Cari Weizenecker’s changes to the Veterans Memorial Beach Lifeguard Staff. Kristin Gervasi upgraded to Head Guard. Salary will change to $15.00 per hour, retroactive. New Hires: Taylor Kiechel and Katherine Leonard at $10.00 per hour.
Seconded Mr. Cook. All In Favor: Aye. Carried.
QUAIL RIDGE – ROAD DEDICATION FOLLOW-UP
Mrs. Nacerino stated discussion ensued about one year ago with Rich Williams and members of the residential community that live on Quail Ridge to discuss the road specifications and the ability to get the road up to par in order for the Town to assume it as a public road. I would like to invite Rich up to share with us some of the new news.
Mr. Williams stated this was an issue that was brought up a year ago by the property owners. They petitioned the Town informally to accept the road into our Town road system. We had a number of meetings with Russ Goff and the Town Engineer. They identified some of the improvements that need to be made. We need to finalize that. We needed to locate an as-built for the subdivision and then identify what additional information we would need to put on a survey that would start the process rolling. I finally did locate that as-built. It was hand drawn and will have to be brought up into a current digital system and there will be a charge from the original surveyor. I should have that resolved by the next Town Board meeting. I drafted a petition for the property owners and sent it to Don Rossi to approve. We will get back to you hopefully by the next meeting.
Mrs. Nacerino stated I think the residents of Quail Ridge will be very happy that we are moving forward. Would it be necessary for you to meet with them again.
Mr. Williams stated yes. I will have to talk to them about the petition. They indicated last year that they would prefer to do some of the work themselves rather than have the Town do it.
Mr. Cook stated the costs that are outlined in the Maser memo, I take it that is for all the improvements needed before the Town takes over.
Mr. Williams stated correct. There is about $114,000.00 and there will probably be another $2,000.00 administrative costs and probably about $8,000.00 in legal fees. Don will have to get back to us with a number.
Mr. Cook stated and also Maser’s cost.
Mr. Williams stated yes.
Mr. Cook stated that gets paid by this Homeowners Association in total.
Mr. Williams stated yes.
KEVIN BURNS
ABSENT
CHARLES COOK
ETHICS CODE – DISCUSSION/DRAFT
Mr. Cook stated our Counsel has drafted for our review a replacement code. This is fairly extensive and it goes in line with the Town of Carmel’s. When we first started discussing this in the beginning of the year, Jay Hogan commented that ours was on the slight side and needed more meat to the bone, which we have here. Questions from Don Rossi are as follows:
Under Town Officer Employee, do we leave in the title of the Assistant Fire Chief and I would say yes to that.
Under Standards of Conduct, Town Officer or Employee is a defined term and should be referenced accordingly, what do you mean by that.
Mr. Rossi stated I’m not sure where these comments came from. Town Officer or Employee is a defined term up above. This comment to me isn’t even relevant.
Under 17.6 Board of Ethics, composed of three members none of whom may be Town Officer’s or Employee’s, your office comment is one member shall be a Town Officer Employee, what does the Town prefer here. I would keep it as none.
Mr. Rossi stated I agree. That is why we submitted it in the manner we did. Bear in mind the appointment of a Board is discretionary within the purview of the Town Board. Also, the Town Board would have the ability under this law to appoint a Board of Ethics essentially in a case by case basis. In other words, the Town Board would sit as the Board of Ethics and have all the powers and authority conferred upon the Board of Ethics in this law until such time as a Board would be appointed. Also, if a Board is appointed it would be at the pleasure of the Town Board so in effect it could be appointed for one particular potentially significant matter and for a term that would only last so long as that matter was being considered.
Conversation ensued.
SOLOMON INTERLAKEN ROAD
Mr. Cook stated the Town Planner received a memo from Ms. Marsha Solomon inquiring whether the Town had any interest in acquiring this property. It is 0.18+ acre lot and is located on the northeast corner of the intersection of Norwood Road and Interlaken Road. The property might benefit the Town as a place for additional parking for the ballfield, or to treat storm water runoff. Rich, who owns the adjacent property.
Mr. Williams stated off the top of my head I don’t know.
Mr. Cook stated can someone do a sketch of this property showing how many parking spaces we can get and a buffer line of trees to whoever is adjacent. If we take it for storm water runoff, do we get MS-4 credit.
Mr. Williams stated yes, we would get credit for it and perhaps some money for it.
Mrs. Nacerino stated we will go take a look at the piece of property.
STREET LIGHTS PATTERSON LIBRARY
Mr. Griffin stated we sold the building to the library. The lights that light their parking lot are currently in the Town’s Lighting District. Rich and I had a conversation about taking those lights out and turning them over to the library. If the Board is in agreement with that Rich and I will work on that.
Mr. Williams stated I’m looking for a motion from the Board to authorize Trish, Mike or somebody to take them out of the Lighting District.
Mr. Griffin made a motion to approve taking the lights at the library out of the Town’s Lighting District.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
OTHER BUSINESS
Mr. McCarthy stated I received a memo from Frank Farrell our Garbage Supervisor. In the month of June in previous years the average pick up for garbage in District 2 has been 262.86 tons per month. In June 2012 the garbage has been 213.85 tons, a decrease of 49 tons. We are saving 49 tons in just the month of June alone. Please continue to recycle.
Mr. Cook stated I have a question for Rich on the two parks legislation.
Mr. Williams stated Veterans Memorial is waiting till we wrap up Putnam Lake so we can incorporate any changes that might be appropriate into that legislation. The latest draft went out to the Committee members today. I was waiting for a couple of issues to be resolved. One was with the insurance carrier and the other was between Don and I. I’m still not sure where we are going and I don’t think Don knows either.
Mr. Cook stated can we have both drafts for the next meeting just for the Board to look at.
Mr. Williams stated yes, I can give it to you at anytime. Your direction was to give it to the Committee and let the Committee work it out.
Mr. Cook stated that was a little while ago.
Mr. Williams stated it was a little while ago and I told you it was going to take a while.
Mr. Griffin made a motion to add to the agenda a Resolution for the Amendment of the Schedule of Fees for the Town of Patterson.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Griffin introduced the following Resolution for the Amendment of the Schedule of Fees for the Town of Patterson:
R-0712-04
WHEREAS, the Town Board of the Town of Patterson has established a “SCHEDULE OF FEES” which set forth the fees and costs which shall be tendered to the Town, or an instrumentality thereof, for the processing and administration of permits, appeals, applications, petitions and reviews as established by the Town Code of the Town of Patterson, and
WHEREAS, said “SCHEDULE OF FEES” may be amended from time to time by resolution of the Town Board of the Town of Patterson, and
WHEREAS, the Town Board of the Town of Patterson wishes to amend said “SCHEDULE OF FEES” to establish a fee for the purchase of compact discs containing Town Records, pursuant to §35-8 of the Patterson Town Code, in the amount of $5.50, 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 a UNLISTED ACTION.
NOW 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:
The establishment of fees as heretofore set forth will not cause a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.
There will be no substantial increase in potential for erosion, flooding, leaching or drainage problems.
There will be no substantial increase in traffic or the use of existing infrastructure.
There will be no removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
There will be no significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources.
There will be no significant impairment of existing community or neighborhood character.
BE IT FURTHER RESOLVED, that the Town Board pursuant to 6 NYCRR Park 617.7 issues a NEGATIVE Determination of Significance, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby amends the “SCHEDULE OF FEES” in the manner as set forth above.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Griffin stated Saturday, July 21, 2012 at 7:00 p.m. we are having the Second Annual Military Band Concert at the Recreation Center.
Mr. Cook stated this evening we continued with the interviews for the Putnam Lake Park Advisory Board. We have one and final round to go. We should be in a position come August or September to pick a Board.
Mr. Griffin stated I would also like to thank the PLCC for working hard to keep the beaches open so people in Putnam Lake can enjoy the lake.
Mrs. Nacerino read her Environmental Tip.
PUBLIC RECOGNITION
Ms. Deb Lawlor stated we have not received any follow-up memo from the April 4th meeting that we had. That has been a bit of a concern.
Mr. Rossi stated it is something that I will attend to. I have not completed it. We have been spending time on the legal issues that Rich referred to earlier but there will be a memo coming.
Ms. Lawlor stated will there be any follow-up meetings after that.
Mr. Griffin stated yes, there are a number of things to be ironed out. One of the bigger concerns that the Board has is the easements and encroachments that we need to discuss and get whatever information that you have and figure out exactly how we are going to identify all of those issues and how we will address them.
Mr. Rossi stated it is one of the items that was not discussed in the memo but has come up subsequent. I will be in touch with Bob on that. If there is any inventory or any types of documentation as to where some of those things might exist that would be helpful.
Ms. Lawlor stated wouldn’t that have come up on a title.
Mr. Rossi stated if you had in the past any occasions to have requests from neighbors who may have encroachments onto PLCC lands that you are aware of then that would be one of the items in the memo but if there is a way of getting a head start on that it would be helpful.
Ms. Lawlor stated anything we have records of.
Mr. Rossi stated yes. Thank you.
Ms. Lawlor stated as a follow-up to Solomon Road and Interlaken that Rich was talking about that the Town is possibly thinking of, would that be coming out of Park District money.
Mr. Griffin stated no.
Ms. Lawlor stated that would be Town money.
Mr. Griffin stated right. At this point, if we can get some parking out there we will have to figure out how it will be acquired. If we are going to do storm water management then we will probably seek to get money out of the benefit corporation as part of the MS-4 Program.
ADJOURNMENT
There being no further business, Mrs. Nacerino made a motion to adjourn the Town Board meeting at 8:20 p.m.
Seconded by Mr. Cook. All in favor: Aye. Carried.
Respectfully Submitted,
__________________________
Antoinette Kopeck, Town Clerk