PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
SEPTEMBER 8, 2010
MINUTES
PRESENT: EDMOND O’CONNOR, DEPUTY SUPERVISOR
KEVIN BURNS, COUNCILMAN
JOSEPH CAPASSO, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
ANTOINETTE KOPECK, TOWN CLERK
TIMOTHY CURTISS, TOWN COUNSEL
ABSENT: MICHAEL GRIFFIN, SUPERVISOR
Salute to the Flag and Roll Call.
Deputy Supervisor O’Connor called the Patterson Town Board meeting to order at 7:30 p.m. with 15 in attendance.
Mr. O’Connor stated the reason I am sitting here is because shortly before meeting time Michael Griffin was taken ill. I don’t know what happened but his wife called and said he would not be able to attend the meeting due to a sudden illness. We will carry on as best we can without him.
REPORTS
Mrs. Nacerino made a motion to file the reports as read.
Code Compliance- July 12 – July 23, July 26 – August 6, 2010
Code Enforcement- August
Dog Control Officer –August
E.C.I.- None
Putnam Lake Fire Dept.-None
Patterson Fire Dept.-None
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
SUPERVISOR REPORTS
None
MINUTES
Mrs. Nacerino made a motion to approve the following minutes:
Public Hearing – Reed Property – August 11, 2010
Town Board Meeting Minutes – August 11, 2010
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
AUDIT OF BILLS
Mrs. Nacerino made a motion to accept the Abstract #16A as written:
General Fund $5,857.67, Highway Fund $130,302.52, Waste Water Treatment Plant $86.65, Patterson Refuse District #2 $52.66, Deerwood Drainage District $15.51, Patterson Park District $32.81, Alpine Water District $583.26, Trust & Agency $300.00, Grand Total Abstract $137,231.08.
Seconded by Mr. O’Connor. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes.
Mrs. Nacerino made a motion to accept the Abstract #16B as written:
General Fund $92,705.45, Highway Fund $423,123.63, Waste Water Treatment Plant $92,983.98, Capital Fund $120,143.33, Patterson Light District $794.13, Patterson Refuse District #2 $7,309.48, Patterson Park District $688.36, Alpine Water District $2,255.75, Dorset Hollow Water District $2,286.98, Fox Run Water District $2,253.47, Trust & Agency $2,150.00, Grand Total Abstract $746,694.56.
Seconded by Mr. Capasso. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes.
KEVIN BURNS
REMOVAL OF UNSAFE STRUCTURE-REED-DISCUSSION/RESOLUTION
Mr. Burns stated this has been deferred from the last meeting. Mr. Reed and his son appeared at the last meeting and stated that they wanted an opportunity to demolish certain portions of the property themselves. I have a report from Nick Lamberti dated September 2, 2010. He went out and he stated they have made some progress on demolishing the building. They issued a permit to them. There is a 20 yard container and the container is now full. The permit for demolition is good for 60 days. My suggestion is to table this for 60 days.
Mr. Burns made a motion to table the resolution to condemn and demolish the Reed property for 60 days.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
TIME OFF/CONFERENCE REQUESTS
Mr. Burns made a motion to approve six Time-Off requests.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
Mr. Burns made a motion to approve eight Conference Requests.
Seconded by Mrs. Nacerino.
Mrs. Nacerino stated discussion. There are a lot of Conference Requests here and I have always felt strongly that Conference Requests should be carefully looked at in ways that we could save taxpayer’s money. I mentioned several times that the Brewster Central School District had ceased all Professional Development Conferences for teachers and most of these conferences here are mandatory. I know Christopher Boryk’s conference is mandatory. Mike Montesano and Tom McNulty both requested $464.50 each and both have listed mileage at $118.50. I would like to see if they can carpool in an effort to save money. They are both going to the same place at the same time. Is this a mandatory conference or is this an elective conference.
Mr. Rich Williams stated New York State has made training for Planning Board members mandatory. They must achieve a certain number of hours. I think it is six hours per year. We were directed to put the request in as you see it. At that time, it was not decided who was going to be driving. They do intend to carpool.
Mrs. Nacerino stated I know it’s not a monumental amount of money saved but it is a savings to the taxpayer’s to save even a little bit of money. I encourage Planning and Zoning Board members to look at venues that are closer to home.
Mr. Williams stated the venue that is closer to home is the Association of Towns, which is a lot more money.
Mrs. Nacerino stated we commuted.
Mr. Williams stated it is more money going down there. The New York Planning Federation even though it is further away, ultimately is significantly less.
Mrs. Nacerino stated but you could commute to New York City on a daily basis as Joe and I did last year. Lake Placid is quite a distance.
All In Favor: Aye. Carried.
BUDGET TRANSFER REQUESTS
Mr. Burns made a motion to approve Budget Requests No. 29, 30 and 31 as written:
No. 29
From: A.3620.400 Code Enforcement – Contractual ($135.31)
To: A.3620.200 Code Enforcement – Equipment $135.31
No. 30
Increase: DA.3501 Consolidated Highway Aid $245,972.24
Increase: DA.5112.200 Highway Capital Improvement $359,373.71
Decrease: DA.5110.400 Highway Repairs – Contractual ($113,401.47)
No. 31
From: A.7146.114 Recreation Program-Camps, PS ($1,000.00)
A.7146.401 Recreation Programs-Softball, Cont ($1,300.00)
To: A.7146.414 Recreation Programs-Camps, Cont $1,000.00
A.7146.101 Recreation Program-Softball, PS $1,300.00
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
COMMUNITY SURVEY
Mr. Burns stated I will hand out the survey and ask the Board to take a look at this for the next meeting. The issues we want to consider are is this the type of survey we want to use, new questions we want to ask or do we want to change the format. Ultimately this is something we are looking to send out in the next month or so. If anyone from the public would like to take a look at this it is posted on the Town website under the Planning Board.
DUE TO ILLNESS EDMOND O’CONNOR DEPUTY SUPERVISOR COVERED MICHAEL GRIFFIN’S AGENDA
Committee on aging grant approval
Mr. O’Connor stated I have a letter from the Senate of the State of New York informing us that the Town of Patterson has been awarded $17,000.00 for specific repairs as described in the letter. I believe Mr. Fava is mostly responsible for the application and the letter. It was obviously well done because we are getting $17,000.00. Thank you Mr. Fava.
SPECIAL COUNSEL-ZONING CHANGES-ADDITIONAL FEES
Mr. O’Connor stated we have a letter from Wormser, Kiely, Galef & Jacobs regarding the changing of the Town’s Zoning Code. The amount that we originally agreed upon of $6,500.00 for their assistance in changing the Town Zoning Code as it relates to non-profit Clubs and Research and Development, they have already used up $5,980.00. If we think it is necessary for them to proceed, they would like authorization to go to $10,000.00, an increase of $3,500.00. The question is; are we content with the work that has been done so far and would it be sufficient to use the remaining $500.00 for the attendance of Mr. Steinman. That would cover his attendance at the Public Hearing if we felt that the work that’s been done so far is sufficient.
Mr. Williams stated as we discussed earlier we now have a law that is relatively complete. We set that for the Public Hearing. There are three steps that Mr. Steinman may need to be involved in if the Board feels it is warranted. There are some tweaks to the law that we still need to talk about. I was hoping to set up a meeting tonight with Mr. Burns and Mr. Griffin. The last step would be after the Public Hearing addressing any comments and whether Mr. Steinman needs to be involved in making those changes.
Mr. O’Connor stated we expect there will be a couple of comments at the Public Hearing that will generate a couple of changes.
Mr. Burns stated I think it is prudent since we came this far.
Mr. O’Connor made a motion to increase the contract amount from $6,500.00 to $10,000.00 as needed.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
CROSSROADS CEMETERY-DISCUSSION
Mr. O’Connor stated I was not involved in this. Ron and Mike had some discussion on this. Ron could you speak about this.
Mr. Ron Taylor, President of the Historical Society stated if you noticed two years ago there were trees being removed near Cross Roads on the east side of the road. That is the cemetery. As far as we know, it is the second oldest cemetery in Town. There was a cemetery on the hill at Route 292 and Route 311 which the State wiped out when they bulldozed the corner. So this is the oldest surviving cemetery that we know of. This is recorded on the 1780 military map. Judy Kelly-Moberg is on the County Cemetery Committee. She was surveying cemeteries in the Town for a report to the County. We went around and visited the old cemeteries. A number of them are owned by the Town. The Maple Avenue Cemetery is partially maintained by the Town. There are reimbursements involved from the Town. The Town is involved in a lot of these cemeteries. This particular one is by far in the worst shape. Some private owners are helping maintain them. This one, with the exception of one cemetery we didn’t visit which is up on Birch Hill Aiken Cemetery is definitely in very serious need of repair. Larry Maxwell did a lot of repairs. We would like to put some signs up and get some volunteers in and see if we can set up a sustainable maintenance. I wanted to bring this to your attention since it is Town property.
Mr. Burns stated what is the scope of work that needs to be done on an ongoing basis. It sounds like a community project through the schools. Could you get a History Teacher involved from the Brewster and Carmel Schools and some kids.
Discussion ensued regarding the cemetery.
Mr. O’Connor stated as soon as Mr. Griffin is back we will reinstitute the meetings with Mr. Taylor and we know the direction we are hoping to head.
PATTERSON HISTORICAL REQUEST – NEW COURTHOUSE
Mr. O’Connor stated they wrote a letter to Mr. Griffin and they are interested in the possibility of occupying an office and some of the other space in the new courthouse. They would also like to access the courthouse for multi-media presentations and rotating exhibits. Details remain to be worked out. It always amazes me how people react to the pictures downstairs showing Patterson in the late 1800’s. I think some of the other material that the Historical Society could put up in a rotating manner would be good for our Town. Without objection we will move ahead with this to the extent that it is possible. There are little offices set aside. When we get closer to the building being built we will know what will be designated for what.
COURTHOUSE-AWARD LOW VOLTAGE BID
Mr. O’Connor introduced the following Resolution for Acceptance of Low Voltage Bid for Installation of Security System at Patterson Courthouse:
R-0910-01
WHEREAS, the Town Board of the Town of Patterson has duly advertised for low voltage bids for the installation of the security system at the Patterson Courthouse; and
WHEREAS, numerous bids were received for the items that were advertised; and
WHEREAS, NYCONN SECURITY SYSTEMS, INC. has submitted the lowest bid proposal for the installation of the security system at the Patterson Courthouse in the amount of Fourteen Thousand Dollars ($14,000.00); and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid proposal submitted by NYCONN SECURITY SYSTEMS, INC.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid of NYCONN SECURITY SYSTEMS, INC. for the installation of the security system at the Patterson Courthouse in the amount of Fourteen Thousand Dollars ($14,000.00); and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. O’Connor introduced the following Resolution for Acceptance of Low Voltage Bid for Installation of Phone and Data System at Patterson Courthouse:
R-0910-02
WHEREAS, the Town Board of the Town of Patterson has duly advertised for low voltage bids for the installation of the phone and data system at the Patterson Courthouse; and
WHEREAS, numerous bids were received for the items that were advertised; and
WHEREAS, NYCONN SECURITY SYSTEMS, INC. has submitted the lowest bid proposal for the installation of the phone and data system at the Patterson Courthouse in the amount of Fourteen Thousand Nine Hundred Dollars ($14,900.00); and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid proposal submitted by NYCONN SECURITY SYSTEMS, INC.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid of NYCONN SECURITY SYSTEMS, INC. for the installation of the phone and
data system at the Patterson Courthouse in the amount of Fourteen Thousand Nine Hundred Dollars ($14,900.00); 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. All In Favor: Aye. Carried.
Mr. O’Connor introduced the following Acceptance of Low Voltage Bid for Installation of Audio & Video at Patterson Courthouse:
R-0910-03
WHEREAS, the Town Board of the Town of Patterson has duly advertised for low voltage bids for the installation of the audio and video system at the Patterson Courthouse; and
WHEREAS, numerous bids were received for the items that were advertised; and
WHEREAS, STRUCTURES HOME SOLUTIONS, LLC has submitted the lowest bid proposal for the installation of the audio and video system at the Patterson Courthouse in the amount of Twenty-Six Thousand Nine Hundred Eighty-Two Dollars ($26,982.00); and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid proposal submitted by STRUCTURES HOME SOLUTIONS, LLC.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid of STRUCTURES HOME SOLUTIONS, LLC for the installation of the audio and video system at the Patterson Courthouse in the amount of Twenty-Six Thousand Nine Hundred Eighty-Two Dollars ($26,982.00); 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.
Mr. Burns stated discussion. Does anyone know if that allows them to do video arraignments.
Mr. O’Connor stated I think it would give them the capability but that whole thing hasn’t been worked out. The purpose of it was to have the capability.
Mr. Williams stated I have desperately been trying to work with the County to get more information. Late in the game I did get some information about what we need. Some of that is going in. It is not because it is covered in a grant that the County has secured. The big issue with providing for video arraignments is the bandwidth. We are currently working on that to increase the bandwidth within the area. We are cognizant of it.
Mr. Burns stated we are not going to go back and spend this money and reinvent the wheel if we have to do it.
Mr. Williams stated I changed the specifications on the wiring. Instead of CAT 5 we are going to CAT 7 so I can get a better bandwidth and upgrade some of the systems so all we have to do is plug it in.
All In Favor: Aye. Carried.
COVINGTON GREENS – CHANGE ORDER
Mr. O’Connor stated we had problems with the Covington Greens septic close out and connecting them to the Sewage Treatment Plan. It wasn’t done appropriately at the time. We hired someone else to not exceed $24,000.00 to uncover and dig up the old tanks and do what has to be done. That was taken care of.
Mr. O’Connor introduced the following Resolution for Approval of Additional Work Authorization from James Gagliardo Excavating Contractors LTS. For the Inspection and Decommissioning of the Septic Tanks at Covington Greens Condominium Complex:
R-0910-04
WHEREAS, the Town Board of the Town of Patterson has contracted with JAMES GAGLIARDO EXCAVATING CONTRACTORS LTD. to perform the inspection and decommissioning of the septic tanks at the Covington Greens condominium complex in accordance with the bid specifications in the amount of Twenty-Four Thousand Dollars ($24,000.00); and
WHEREAS, the Town Board of the Town of Patterson has received the attached Additional Work Authorization submitted by JAMES GAGLIARDO EXCAVATING CONTRACTORS LTD. for additional work necessary for the inspection and decommissioning of the septic tanks at the Covington Greens condominium complex in the amount of One Thousand Four Hundred Sixty Dollars ($1,460.00); and
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the Additional Work Authorization of JAMES GAGLIARDO EXCAVATING CONTRACTORS LTD. in the amount of One Thousand Four Hundred Sixty Dollars ($1,460.00); and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. Williams stated the cost for relocating that sewer line into the collection system was a charge back to the Covington Greens Homeowners Association. We are holding it in escrow.
Mr. O’Connor made a motion that the escrow account from Covington Greens would be used for the hook up of the line to the main line going to the sewage treatment plant and any remainder would be returned to Covington Greens. I instruct our legal firm to do the necessary paperwork to do that.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
APPOINT SPECIAL COUNSEL-CAMPAIGN SIGNS
Mr. Curtiss stated I had a conference with Mr. Griffin this afternoon and I am going to request that this topic be tabled because we may have it resolved.
GARBAGE CONTRACT/TRANSFER FEES – DISCUSSION
Mr. O’Connor stated F & H Sanitation is no longer picking up garbage in Putnam Lake. Suburban Carting is taking their place. They are taking the contract as written for no additional money until the expiration.
Mr. O’Connor introduced the following Resolution to Execute the Assignment of Garbage Contract:
R-0910-05
WHEREAS, Sani-Pro Disposal Services Corp. DBA Suburban Carting has purchased all of the garbage collection route in Garbage District #1 from F&H Sanitation, Inc.; and
WHEREAS, the Supervisor seeks permission to execute the assignment of those contracts from F&H Sanitation, Inc. to Sani-Pro Disposal Services Corp. DBA Suburban Carting;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to sign any and all documents necessary to assign the contract for Garbage District #1 to Sani-Pro Disposal Services Corp. DBA Suburban Carting.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
Ms. Patricia Brooks, Comptroller stated is the amount they are giving us net of the amount that we are giving F & H, $24.50 a parcel.
Mr. O’Connor stated they are transferring the contract as it stands now to Suburban.
Ms. Brooks stated but we have a credit that is due us that we get every month.
Mr. O’Connor stated that has all been worked in.
Ms. Brooks stated ok I just wanted to make sure.
Mr. Burns stated before we leave the topic of sanitation, it was brought to my attention that we have to designate a date for bulk pick-up in Putnam Lake.
Mr. O’Connor stated I will remind Mike to call them to set something up.
ALPINE WATER DISTRICT-DIAL OUT SERVICE
Mr. O’Connor introduced the following Resolution for Acceptance of Proposal from Lumar Plumbing & Heating Inc. for the Design and Installation of the Dial Out and Low Pressure Alarm System for the Alpine Water System:
R-0910-06
WHEREAS, the Putnam County Department of Health has mandated that a low pressure and emergency alarm system be installed for the Alpine Water System; and
WHEREAS, the Town Board of the Town of Patterson has requested bid proposals for the design and installation of the dial out and low pressure alarm system for the Alpine Water System; and
WHEREAS, the Town of Patterson has received the attached bid proposal from Lumar Plumbing & Heating Inc. for the design and installation of the dial out and low pressure alarm system for the Alpine Water System in the amount of $3,200.00; and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal submitted by Lumar Plumbing & Heating Inc. for the design and installation of the dial out and low pressure alarm system for the Alpine Water System in the amount of $3,200.00.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of Lumar Plumbing & Heating Inc. for the design and installation of the dial out and low pressure alarm system for the Alpine Water System in the amount of $3,200.00; 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. All In Favor: Aye. Carried.
WWTP SEWER EXTENSION-DISCUSSION/SEQRA
Mr. O’Connor stated we have a letter from the Town Planner concerning the Hamlet Sewer extension. Our Sewage Treatment Plant has been running under utilized for some time which gave us the opportunity to ask the D.E.C. and D.E.P. to approve hooking up what is currently Benfield and the library to the Sewer Treatment Plant.
Mr. O’Connor made a motion to look at, approve and agree to assume lead agency.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
OFFICE OF COMMUNITY RENEWAL NOTIFICATION(s)-GRANT APPLICATIONS(s)
Mr. O’Connor stated they are turning us down because we are too wealthy a Town. They only give this to really distressed Towns where the people in the Town are 51% low income.
Mrs. Nacerino stated we knew this was a long shot.
Mr. O’Connor stated it doesn’t hurt to ask. All they have to say is no.
Mr. Capasso stated thank you Rich for trying.
EXECUTIVE SESSION-PERSONNEL/LEGAL
Mr. O’Connor stated I will defer Executive Session-Personnel/Legal to the end of the meeting.
EDMOND O’CONNOR
PLANNING BOARD ESCROW ACCOUNT
Mr. O’Connor stated the Planning Board is requesting that Adam Levine complete the required testing and the money that is required be placed in an escrow account. The testing runs about $2,000.00.
Mr. O’Connor made a motion to approve the Planning Boards request for an escrow account to be set up for the Levine permit for Adam Levine’s property on Tammany Road.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
PUTNAM LAKE SENIORS’ REQUEST-HOLIDAY CELEBRATION
Mr. O’Connor made a motion to approve this budgeted item for a total of $1,900.00 for the Putnam Lake Seniors’.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
PUTNAM COUNTY HOUSEHOLD HAZARDOUS WASTE DAY
Mr. O’Connor stated Putnam County Household Hazardous Waste Collection Day will be held on Saturday, October 2, 2010 at the Putnam County Department of Health, 1 Geneva Road, Brewster, New York between 9:00 a.m. and 1:00 p.m. pre-registration is required, 808-1390 ext. 43150.
GREEN CHIMNEY’S FARM DAY
Mr. O’Connor stated on September 20, 2010 at Green Chimney’s School on Doansberg Road they are having Farm Day. They are having food, drinks and entertainment. Make reservations with Mary White, 808-1734. There is no charge. Contributions are welcome to offset the expenses of this event.
FROGS REQUEST-MESSAGE CENTER
Mr. O’Connor stated across the street from the Recreation Center is a navigable part of the swamp. It’s a great place for a canoe or kayak ride. A lot of people know it’s there but we have no signage describing anything. They have suggested that it would be a good idea to put up a sign with a map describing where you are or where you are going. They have agreed to pay half the cost. We have a number of estimates and the most inexpensive one is $1,994.00 for a substantial sign.
Ms. Maria Torres stated I work at the Recreation Center. In that spot is there any plans to put a railroad gate. There was a near fatal car crash there.
Mr. O’Connor stated we have been in contact with the railroad and it has not been determined yet if they will put one there.
Mr. Williams stated I have been contacted by the New York State Department of Transportation who is the lead agency on railroad crossings. They are currently evaluating what their options are based on the usage of the road and the status.
Mr. O’Connor stated I have never seen a railroad crossing that did not have guards on it.
Mr. Paul Fava stated my office is right outside that crossing. Lately the trains are not even blowing their horns going through that crossing. I’m there at 7:00 a.m. when the train goes buy. Normally they did blow the horn in the past.
Mr. O’Connor stated I will bring it to their attention.
Mr. O’Connor made a motion to approve the expenditures for our part of putting up an information sign for the access to the Environmental Park leading to the river for a sum not to exceed $1,000.00.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Rick Saracelli, Park Environmental Ranger stated I just want everyone to know it’s more than a sign, it’s a kiosk with double sided displays that can be changed at will. Also, there will be a five slotted box below it for informational pamphlets that people can take with them. It’s an information center.
Mr. O’Connor stated I didn’t get that from the quote I saw so I’m glad you are here. Thank you.
GINNY NACERINO
AGENDA POLICY
Mrs. Nacerino stated I would like to introduce the policy for agenda items and read it into the record:
The purpose is to ensure all Town Board members are fully apprised of all agenda items set forth prior to a Town Board meeting to ensure all agenda items are duly noticed in an open and transparent manner.
Policy; all agenda items shall be submitted to the Confidential Secretary or Town Clerk no later than noon on the Friday before a Town Board meeting. Any items received after this date will be held over until the next scheduled Town Board meeting.
Thank you notes, announcements for non-action items received after the deadline may be presented under Other Business without advanced notice but must follow the same protocol set forth as describe in the rules of order to introduce any new item.
Exceptions; the Town Board shall waive said policy with careful discretion and under extreme circumstances dictated only by the urgency of an action which time is of the senescence. In that case, the Supervisor shall contact each Town Board member either verbally or through written communication after the Friday deadline and before the Wednesday meeting apprising them of the agenda item to be introduced and the rationale for the urgency. Under no circumstances shall surprised agenda items be introduced to the floor.
Rules of Order are needed to preserve the integrity of the Town Board. The Supervisor shall preside over the meeting and shall call the meeting back to order if any Town Board member deviates from the agenda without authorization by the majority of the Board. The Town Board member seeking to introduce a new agenda item must wait until it is their respective turn to do so. The Town Board member must make a motion to add the item to the agenda. The motion then needs a second and requires a majority vote of the Board to be added to the agenda. The Town Board member must demonstrate the necessity not convenience to bring forth the agenda item. If a majority votes to add the item to the agenda, the Board will then take the item under consideration. As stated above, all Town Board members must be fully informed prior to any introduction thereby giving each Board member equal consideration. The Town Board member will issue a memo to all departments reminding them to adhere to the mandatory deadline for items to appear on the agenda. A notice shall also be posted on the website and any other necessary venue of communication.
Mrs. Nacerino made a motion to except this policy.
Seconded by Mr. Capasso.
Mr. O’Connor stated discussion. I agree with the principle but…..
Mr. Burns stated this seems to me to be the rules of order for the most part we follow.
Mrs. Nacerino stated what you had was what I perceived as a mutual understanding to follow the rules of order and the protocol necessary that has been deviated causing us to have a written notification. All this does is reinforce what we have been doing and giving us some written guidelines.
Mr. O’Connor stated the biggest violator is probably me. Since I agree I will vote for it tonight if the Board wishes to bring it to a vote.
Mr. Burns stated what about Executive Session. It’s a little vague when you get a notice on Friday saying I have an issue for Executive Session and then I don’t find out the agenda item until I get to Executive Session. Can we also make this apply to Executive Session. If you want to put something on your agenda for Executive Session in some confidential fashion, communicate to the other Board Members what the issue is that you want to address in Executive Session. That is always a surprise to everyone.
Mr. O’Connor stated if Mrs. Nacerino thinks that would be an appropriate addition.
Mrs. Nacerino stated absolutely. I asked for the Board’s feedback in my memo of August 26, 2010 and I received none. So if you would like me to add that, I certainly would welcome any suggestion to fine tune it to the best we can.
Mr. O’Connor stated based on past surprises, I think that would be appropriate.
Mrs. Nacerino stated my question for Tim would be would that be appropriate. Then thereby are we discussing Executive Session issues before the actual Executive Session.
Mr. Curtiss stated to the extent that you are just notifying each other of what the issue is. It’s really not the discussion it’s just a matter of keeping a confidential communication between the Board members as to what the item is.
Mr. Burns stated I have no problem with this agenda. I would just like to amend it to add Executive Session and maybe explicitly add that any communication in Executive Session and about Executive Session is deemed to be confidential amongst the Board.
Mrs. Nacerino stated would we like to have this go through the Supervisor or through the Town Board member who has the Executive Session on their agenda. Where shall the responsibility lie.
Mr. Curtiss stated I think the person who wants to introduce it at the Executive Session would have the burden of notifying the other Board members to keep them apprised.
Mrs. Nacerino stated can I verbally add that tonight and then write it up.
Mrs. Nacerino made a motion to accept the agenda policy as written and also add a revision to have any Town Board member with an Executive Session item to convey what that Executive Session item is to their fellow Town Board members and not pursue in discussion at that time and confidential conversation.
Mr. Bruce Major stated there seems to be some confusion. There seems to be some new ideas. I don’t understand the urgency for voting on it tonight. I would think that if this was going to be a written policy that the Board is going to follow, that you as Board Members should see the fully revised version of that regulation, guideline or whatever you want to call it before you vote on it. I don’t understand why you can’t wait until the next meeting to vote on whatever the revision is. It also gives the members some time to look at it. It appears Ginny that you said you didn’t get feedback, you are getting feedback now and one would think there would be more feedback if given the opportunity.
Mrs. Nacerino stated the feedback that we received is very simple in its context. We all agreed that is the only area that we have to discuss. I don’t think there is a need to delay the whole thing. It’s pretty cut and dry and concise. It’s the rules we already follow, it’s just in written form. I would like to move forward.
Mr. Burns stated I have no problem moving forward with just this and submit a separate written form regarding Executive Session. Either way is fine.
Mrs. Nacerino stated I think we are making things more complicated than they need to be.
Mr. Burns stated then let’s move forward.
Mr. O’Connor stated I think we can move forward.
All In Favor: Aye. Carried.
PLCC REQUEST-SIGNS
Mrs. Nacerino read a letter addressed to Mr. Griffin:
It is our understanding that the Town of Patterson owns the property which is situated between the dam and 10 feet from the PLCC boat house and as such considers it a public access point. The New York State Department of Environmental Conservation has informed us that it will stock the lake with fish but only if the lake can be accessed by the public. We therefore respectfully request the Town post signs at the end of its accessible property which indicates that it is a public access area so that the D.E.C. can replenish the fishing stock. Please feel free to contact me. Debra Lawlor.
Mrs. Nacerino stated I think this is something that was discussed and agreed upon that the signs were needed before hand even from the standpoint if there is public access for anyone who wants to go onto the property. I would be in favor of supporting the signs.
Mr. O’Connor stated I think we need to look into this somewhat. I spoke to the PLCC. What does the word public access mean. We were trying to get signs worded very simply. This was a boat launch area for the residents of Patterson.
Mrs. Nacerino stated public access.
Mr. O’Connor stated that was the understanding that we had years ago. What does the word public mean.
Ms. Ploeger stated the public access for those people that live in the 13 original maps that have deeded lake rights, those are the signs that we were talking about for some time. They are posted in five locations around the lake. That means anyone who lives in Putnam Lake who has deeded lake rights can access the lake without becoming a member of the PLCC. Membership in the PLCC means that you have unlimited access to the park lands and the beaches. The people who have deeded lake rights have a right to access the lake through those five points around the lake as differentiated from public access, which can mean residents of Patterson or unlimited public access. Navigable Water Ways Act may impact on this. This may be by law accessible with or without signs. It’s just that no one knows that it is publicly accessible in that area next to the (inaudible) which the Town owns.
Mr. O’Connor stated what does the word public mean.
Ms. Ploeger stated it would mean whatever the Town decided. The D.E.C. says public access. Now, does the D.E.C. mean everyone on the face of the earth or anyone in Patterson. Anyone with a State fishing license. If the Town could for example charge a boat fee. If someone was to launch a boat from that spot the Town could say you have to pay a fee comparable to the fee for the Recycling Center.
All parties continued to discuss the above.
Mrs. Nacerino made a motion to table this and stated I will contact Deb Lawlor and Patricia and see when we can get together and work this out. Ed and I will attend.
Mrs. Nacerino made a motion to add a letter of thanks from the Putnam Lake Community Counsel to my agenda.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
Mrs. Nacerino read the letter from the Putnam Lake Community Counsel.
NYS AG & MARKETS-DOG LICENSING INFO
Mrs. Nacerino stated the State is no longer going to be in the business of issuing dog licenses and therefore has passed that along to the municipality. Effective January 1, 2011 municipal governments will be authorized to issue licenses and will assume the remainder of the dog licensing function and we will receive 100% of the revenue associated with this function.
COMCAST UPDATE
Mrs. Nacerino stated we have a memo from Comcast. As of September 1, 2010 the HD Set Top Box Upgrade charge of $7.95 will be renamed the HD Technology fee. This fee provides access to Comcast HD Technology on all outlets in the customer’s home connected to the HD capable equipment.
HIGHWAY-MEMO(s)
Mrs. Nacerino stated I have a few memos from the Highway Department dated September 2, 2010 regarding removing the weedeater from their inventory and request for the Electronic Moving Message Sign to be moved and a memo dated August 19, 2010 regarding cleaning of all the Vertex units in Putnam Lake.
RECREATION REQUEST(s) MEMO(s)
Mrs. Nacerino stated I have a request for a bid for Community Day. A quote for Send in the Clowns for $4,350.00 and Dave’s Cast of Characters for $4,250.00. The Recreation Director is suggesting that we go with the higher bid this time because we are getting more for our money for spending a little bit more. This package will include three generators, bouncers, concessions, snow cones and a toddler center with a sesame learning town, etc.
Mrs. Nacerino made a motion upon the recommendation of the Recreation Director to go with Send in the Clowns for a total of $4,350.00.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mrs. Nacerino made a motion to request to retain the services of The Divide on Community Day on September 29, 2010. The Divide will be contracted for $900.00 for two 45 minute sets. Telephone approval has been granted by Mike, Ginny and Kevin.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mrs. Nacerino read a letter to the Patterson Fire Department from Ray Blanar and a letter from Bonnie Benedict regarding Animal Adoption being held at the Recreation Center.
Mrs. Nacerino made a motion to waive the fees for the Animal Adoption as per Ray Blanars memo waiving the fee.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino read another memo from Ray Blanar regarding a change in employee status for Maria Torres at the Recreation Center.
Mrs. Nacerino made a motion to grant the position of Part-time Clerk to Maria Torres.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
EXECUTIVE SESSION – PERSONNEL
Mrs. Nacerino stated I would like to defer my Executive Session – Personnel to the end of the meeting.
OTHER BUSINESS
None
MRS. NACERINO’S ENVIRONMENT TIP
On the highway try not to exceed the speed of 55 miles per hour. Not only are you less likely to get into an accident but the faster you drive the more fuel your vehicle consumes per mile. That means the more money and the more greenhouse gases. At 65 miles per hour you are burning 10% more fuel than at 55 mph, according to the American Council for Energy Efficient Economy. At 70 mph you will lose 17% of your fuel economy and at 75 mph it is 25% and the numbers get worse from there. Even though you thrive on living in the fast lane, if the national speed limit was reset to 55 mph you would save one million barrels of oil per year more than the United States imports from the Persian Gulf.
PUBLIC RECOGNITION
Mrs. Ploeger stated when Mr. Major got up and talked about postponing this particular issue that was before the Board about the agenda policy to the next meeting, it made me think of something that came to mind some time ago, it is very frustrating for a member of the public to sit here and watch the Board, some of who are aware of an issue and some who are not decide the fate of this Town in five seconds. There are some things that are pro-forma or have very little impact that can be decided on the spot. I think anything that bears discussion also bears tabling until the next meeting. This agenda is pretty cryptic. You know what it’s all about, we don’t. I know what the “PLCC Sign” was but the average person in Putnam Lake would have no idea what it is. Unless it is an emergency it should be discussed and then held over to the next meeting. This is my opinion.
Mr. Burns stated one of the things that would solve that problem and I believe they do it in Carmel is they have a Work Session and then a Town Board meeting. They have two Work Sessions a month and two Town Board meetings. At the Work Sessions the Town Board discusses issues but takes no actions but the public can hear the discussion. At the next Board meeting it is less discussion and more voting. There has been some resistance in doing that on this Board. It also means twice the commitment in terms of meeting or alternatively having one Work Session and one Town Board meeting. Another thing that may help is we should discuss getting a designated channel and broadcasting the meetings at a regular time.
Ms. Ploeger stated if this meeting for example were broadcast tomorrow at 8:00 p.m. then we would all be up to speed as it happens.
Mr. O’Connor stated can you think of something tonight as an example since we did postpone a couple.
Ms. Ploeger stated you did postpone a couple which made me think of that. I guess the agenda policy.
Mr. O’Connor stated we didn’t like the way a number of other Town Boards did things because they had limited discussion. We don’t limit discussion at all.
Ms. Patricia Brooks, Town Comptroller stated in absence of Mr. Griffin I do have the Tentative Budget. It is a summary with all detail for your work papers. Mike worked very hard and pushed me very hard to get a zero percent. Read it and if you have any questions, let me know.
Mr. Bruce Majors stated I would like to bring up something that I brought up in the past and it has fallen on deaf ears. We are going to have a Public Hearing at the next Town Board meeting relative to two new laws. I would like to know if the Board is going to have them posted on the website and make copies available for the public. In the past, that has been a problem. I was at the Work Session and I saw one copy of the proposed laws and I know there have been changes. I was able to get one set of changes and I know there has been changes since then. I feel the public is at a disadvantage here without the ability to see the laws. It’s sort of like what Ginny explained that she has been at a disadvantage coming to the meetings and not know what was going to be thrown at her. I think you should be looking to post the proposed law on the website and have copies here so the public has a chance to review them. Too often the public comes here, they look around confused some may even have good ideas and they don’t bring them up because they are not quite sure and you go ahead and vote and pass it anyway. One would hope that when there are laws that are going to have an impact for a long period of time that you would have your Public Hearing, hear the public, give them an opportunity for written comment and then maybe vote on it for the next meeting, unless there is some kind of urgency. Thank you.
Mr. Williams stated just so Mr. Majors knows, they are posted up there and have been for quite some time. I did check it today, they have been revised with some Sintax changes which needs some discussion. I did convert them and have them ready to get them up today but haven’t had a chance to get the new ones up. The changes are minor, they really are Sintax changes.
Mr. O’Connor stated it was my understanding that we do that. We do not make hard copies available here.
Mr. Majors stated I understand that Rich probably has them under Planning and Zoning.
Mr. Williams stated I think they are under the announcements page.
Mr. Majors stated ok that would be better or on the Clerk’s page. There should be a fixed place where all these things are posted in advance of the meeting so the public has a chance to review them.
Mr. Williams stated the Town Board said they want this to happen.
Ms. Judy Kelly-Moberg, Educational Chairman of Frogs stated we talk about legacy of place, the Historical Society and the Great Swamp, this is something we should celebrate as a community because it makes us unique. The Putnam County Land Trust has their annual meeting this Sunday the 12th. A Botanist from the New York Botanical Gardens has done a complete study of all the plants around Ice Pond and will reveal what he found in the study. It completely amazed him. 155 species some of which were never found in Putnam County before. He was very excited because we have fens. This summer Dr. Ryan Taylor from Purchase did a beaver dam study in Patterson.
EXECUTIVE SESSION
There being no further business, Mr. O’Connor made a motion to go into Executive Session at 9:15 p.m.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Burns made a motion to close Executive Session at 9:50 p.m.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. O’Connor called the meeting back to order at 9:50 p.m.
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 9:50 p.m.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Respectfully submitted
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ANTOINETTE KOPECK, TOWN CLERK