1142 ROUTE 311
MINUTES
PRESENT: MICHAEL
JOSEPH CAPASSO, COUNCILMAN
ERNEST KASSAY, COUNCILMAN
GINNY NACERINO, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
JENNIFER HERODES, TOWN COUNSEL
Salute to the Flag and Roll Call.
Supervisor
TRUST FOR PUBLIC LANDS PRESENTATION
Mr. Griffin stated the Trust for Public Lands is looking to
acquire some property on
Mr. Matthew Shurtleff presented the following:
The Trust for
Mr. Griffin asked if anyone had any questions. You have already acquired the piece on East Branch and Haviland Hollow.
Mr. Shurtleff stated the eighteen acre parcel was purchased by the Nature Conservancy.
Mr. Robert O’Dell stated you said the land will be open for hunting and fishing is there any way you would change your mind if you acquire that property.
Mr. Shurtleff stated I don’t foresee us going forward with any other transaction with any other agency beside the DEC. We are not going to acquire it, we will not own it. It is NYSDEC responsibility to allow that kind of activity.
Mr. O’Dell stated and the DEC wants its property.
PATTERSON TOWN BOARD
Mr. Shurtleff stated they were the ones who worked so hard for that application for the federal funding. I spoke with people from the Federation of Putnam County Sportsmen’s Clubs and they are reviewing properties in there as well.
Mr. Griffin stated the Trust for Public Lands isn’t in the chain of title with these properties. They are a conduit to make deals with private landowners to get them into public hands in terms of ownership.
Dr. Jim Hutter, Chairman, Friends of the Great Swamp, stated
the Town is a partner with us and the program to protect the Great Swamp and a
partner with the North American Wetlands Conservation grant that we had and
that we applied for and the objective is to protect the uplands and wetlands of
the Great Swamp and protect the values to it.
This particular parcel is an outstanding parcel. It fills in the quarter of Haviland Hollow
Brook. That brook is the highest quality
screen in the Great Swamp Watershed. If
something were to happen in those areas it would result in a lot of sulfation and
a lot of nutrients running down and degradation of the whole Haviland Hollow
Brook. That is our only trout reading
screen in the watershed. It is a great
place for fly fishing and the ridge is a natural quarter for a lot of the
animals and protecting that quarter will make a nice band of forested
mountainous habitat continuous with
Mrs. Nacerino stated do bicycle trails exist presently.
Mr. Shurtleff stated fire or timber roads cut all through the property. Currently you can’t access them legally.
Mr. Griffin stated would the Town Board like to authorize me to send a letter of support and at the next Town Board meeting we can pass formal resolution.
Town Board members stated yes.
Mr. Griffin stated on
Mr. Shurtleff thanked the Town Board.
Mr. Semo stated I think this is an excellent opportunity for the Board to act on. The biggest advantage we have is that it is not coming off the tax role. That is a major thing. I am very much in favor of the Board to go forward with this.
POWER SAVER PRESENTATION
Mr. Paul Daria stated I have been a resident of
PATTERSON TOWN BOARD
electricity. What it does is store and hold energy. We will demonstrate what this product will do. These are a capacitor. This is the product that is used in homes with A and B lines. The counterpart is the commercial one which is used in big business and restaurants which has A, B and C lines which is more powerful up to two hundred amps or more. EMF or Microwave Frequencies are given off by electronics such as wires and outlets. Line noise is what wastes electricity. Program Manager for the US Department of Energy states that of two hundred and eighty million dollars in electricity over eighty billion sold is wasted electricity.
Mr. Daria continued to explain his product and how to save electricity in your home or business.
Mr. Daria asked if anyone had any questions.
Mr. Semo stated where is it installed.
Mr. Daria stated it can go in the panel or it can go
into some of the outlets. Sometimes an
electrician has to come in and the cost would be anywhere between $100.00 to
$140.00 and that is including material. The
cost of the unit is approximately $1,750.00 installed. You can save approximately twenty-five
percent. With the electricity being used
in Town Hall and the
Mr. Griffin stated at this time does the Town Board want to request a formal proposal from Mr. Daria’s company.
Mr. Kassay stated how long does the unit last before you need a new one.
Mr. Daria stated they are money back guaranteed for sixty to ninety days with a full refund accept for installation. They should last approximately ten to fifteen years.
Mr. Kassay stated does that apply to units being installed in commercial buildings.
Mr. Daria stated yes, it has the same guarantee sixty to ninety days. It has a five year warranty on parts. Life expectancy is twenty-five years.
Mr. Richard Armisted stated what was the approximate electric bill for Town Hall.
Mr. Griffin stated annually it is over $60,000.00 for all Town facilities.
Mr. Armisted stated for a $5,000.00 item you could save $15,000.00.
Mr. Griffin stated if his claims are accurate.
Mr. Armisted stated if his claims are accurate in one year you would more than pay for the units for something that doesn’t take up any space.
Mr. Griffin stated yes, it would wind up in the mechanical room next to the panel and would have zero effect on the building other than it would reduce our electric bills considerably if it performs as advertised.
Mr. Armisted stated I noticed you stated “if it works” are there places that it wouldn’t work.
Mr. Daria stated no. Every electric system is different. Some could have been put in twenty-five years ago or some could be put in three months ago and each one has a different effect. It all depends.
Mr. Armisted stated on the ones for the home you would need one unit.
PATTERSON TOWN BOARD
Mr. Daria stated one or two. I put two in my own house and my electric bills have been cut in half.
Mr. Griffin stated this would be very effective for the Highway garage as well. If the Board wants to consider this we can request a formal proposal.
Mr. Dave Raines, Code Enforcement Officer, stated is the equipment UL listed.
Mr. Daria stated it is not UL listed but it is internationally UL listed.
Mr. Raines stated are they manufactured in the
Mr. Daria stated it is manufactured in
Ms. Pat Ploeger stated what is the name of the company and if you have a web site.
Mr. Daria handed out a leaflet.
Mrs. Nacerino stated anything that will save money is worth looking into.
REPORTS
Mr. Griffin made a motion to file the reports as read.
Code Compliance Officer –
Code Enforcement Officer - August
Dog Control Officer - August
E.C.I. - None
Patterson Fire Department – None
SUPERVISOR REPORTS
Mr. Kassay stated I had this tabled at the last meeting and I did check into all the facts and figures with the Comptroller and everything is one hundred percent.
Mr. Kassay made a motion to approve the Supervisor’s Reports:
January through July, 2008
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
MINUTES
Mr. Kassay made a motion to approve the following minutes:
Town Board Meeting-Minutes –
Public Hearing –
Seconded by Mr. Nacerino. All In Favor: Aye. Carried.
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2008:
General Fund $208,539.48, Highway Fund Item 1- General Repairs $59,373.66, Highway Fund Item 3 - Machinery $11,433.94, Highway Fund Item 4 - Miscellaneous $2,090.60, Waste Water Treatment Plant $26,732.69, Capital Fund $229,327.24, Putnam Lake Light District $1,246.00, Patterson Light District $2,124.18, Patterson Park District $656.49,
PATTERSON TOWN BOARD
Alpine Water District $813.13, Dorset Hollow Water District $3,348.39, Fox Run Water District $1,166.18, Trust & Agency $3,727.50, Grand Total Abstract $550,579.48.
Seconded by Mr. Kassay. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
GINNY NACERINO
COMP TIME REQUEST/SETTLEMENT
Mrs. Nacerino stated we had several employees who have accrued compensation time in the past year. As verified by our Town Comptroller I would like to make a motion to accept the Town Comptroller’s Report for settlement for compensatory time.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mrs. Nacerino stated the compensatory request is also on Mr. Kassay’s agenda so I will defer that to his agenda.
Mrs. Nacerino stated I received a memo from the Interim Recreation Supervisor requesting to hire two new senior staff members and three junior staff members due to the fact that some of the junior staff has left for school and they need coverage at night and on weekends. My feelings on this is that I would like the Recreation Supervisor to put out a memo to the part-time employees to verify and ascertain whether they will be able to utilize their time more effectively at the Recreation Center and be able to fill in some of the gaps that we have. I have no objection to hiring the junior staff members at this time. Any discussion from the Board.
Mr. Griffin stated before they canvass the staff if they have a list of hours that would need to be worked generically so that when they can work they can at least identify what hours they can work if there is staff that is currently working there that has additional availability so that they can know what they are volunteering for or what they are requesting.
Mrs. Nacerino stated exactly. Mr. Blanar if you could send a memo to the employees and tell them what time shifts that are available and if they can fill those slots I would prefer that we use our existing staff to do that. I know they are anxious to work more and if they can it would be something that would be welcomed by the staff there.
Mr. Kassay stated I would make a list of all employees that are able to work and then check off if they refuse write a note and go down the list and then everyone equally gets an opportunity to work extra time. If they don’t want to they go to the bottom of the list and it goes around and around.
Mr. Blanar stated typically what we do every month before we do the schedule for the upcoming month every employee is required to turn in an availability sheet saying what days they can work and what hours they can work and that is what we base the schedule on and that is where I’m seeing the need for more employees because of the changes in shifts that people have.
Mr. Kassay stated so it is being done fairly.
Mr. Blanar stated yes.
Mr. Nacerino stated if you could just ascertain whether the time slots are conducive to their schedules and in two weeks we could revisit this just to make sure they were given a
PATTERSON TOWN BOARD
fair shake and as Mr. Griffin indicated some of them are eager to work more hours. If we could do that we would like to give them first priority.
Mrs. Nacerino made a motion to hire three additional junior staff members.
Mr. Griffin stated we have to go through a process. Ray is going to have to interview them. Are they already picked out.
Mrs. Nacerino stated junior staff is separate from regular staff. I don’t think he has anyone picked out.
Mr. Blanar stated I did take a few applications from people in the area. Particularly when I said three juniors, I would like to get at least one maybe two females because right now we have no female junior staff and once our program starts going it is going to be a need. I have no problem taking applications and then do the interviews.
Mr. Griffin stated I have no problem with your motion. When you have three candidates make sure you check with Sue for all the paperwork.
Mrs. Nacerino stated how do you solicit for the junior staff.
Mr. Blanar stated I will put a poster on the website and send out emails because I have about five hundred email addresses. The four people that came down and filled out applications are word of mouth.
Mrs. Nacerino stated
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mrs. Nacerino stated I have another memo from Ray Blanar to
request permission for the Putnam Humane Society to use the building on
Mrs. Nacerino stated I am very supportive of the Humane Society and I would like to make a motion to waive the fee.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino stated in July we passed a resolution to hire
Ray Blanar as the Interim Recreation Supervisor for the months of July and
August. We did not have a late August
meeting so therefore I would like to introduce the following Resolution to Appoint Recreation Supervisor
on Temporary Basis:
R-0908-01
WHEREAS, the Town Board of the Town of
WHEREAS, the Town Board of the Town of Patterson appointed RAYMOND BLANAR to the position on a temporary basis through August 31, 2008 at the pay rate of $28.00 per hour, and
PATTERSON TOWN BOARD
WHEREAS, the Town Board of the Town of Patterson desires to
temporarily extend RAYMOND BLANAR’S position of Recreation Supervisor for the
period of September 1, 2008 through
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby extends appointment of RAYMOND BLANAR to the position of Recreation Supervisor on a temporary basis through September 30, 2008 at the pay rate of $28.00 per hour, and
BE IT FURTHER RESOLVED, that the terms of RAYMOND BLANAR’s
employment shall be as set forth in the attached job description (Schedule
“A”), the personnel policy of the Town of
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino stated the following is a memo from Mr. Ray Blanar, Recreation Supervisor and John Carlo:
We are writing this memo to request an additional phone line
be installed at the
Mrs. Nacerino stated yes we do have questions. John Carlo wants to put a phone line for a private business into a government agency.
Mr. Blanar stated from my understanding in talking to John, in
order for him to be able to advertise and be listed in Putnam/Westchester phone
book he has to have a Putnam/Westchester phone number. He lives in Pawling so he has an 855 number
so he can be in the Dutchess phone book.
A lot of his competitors and people who would take away from other
people attending at the
Mrs. Nacerino stated I have some reservation about having a
private business use the
Ms. Herodes stated the first thing that comes to mind is saying yes to one and not the other. I would like to check into a few points about a private line coming. I will get back to you on that.
Mrs. Nacerino stated we will revisit this at the meeting on
Mr. Blanar thanked the Town Board.
ASSOCIATIONS OF TOWNS – ANNUAL DUES
Mrs. Nacerino made a motion
to approve the Town dues for the Town of
PATTERSON TOWN BOARD
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
VARIAN REQUEST –
Mrs. Nacerino stated last evening I received a phone call from a Mr. Varian and he is very concerned and Mr. Kassay maybe you could help me out with this, with the stop sign at the top of Warren Drive. He said everyone disregards the stop sign. They speed continuously there and he is concerned for safety and he would like us to intervene. I would like to contact Mr. Charlie Williams, Highway Superintendent and possibly the Sheriff’s Department. He said the Sheriff’s Department has been there frequently but not enough. He is not happy with all the cars speeding. He is requesting that a yield sign be placed there. I told him I did not know if we could turn stop signs into yields signs. This may be something for Mr. Williams to determine.
Mr. Kassay stated do you want me to follow up or will you.
Mrs. Nacerino stated I will call Margaux in the morning.
Mr. O’Connor stated they changed the stop sign around. It used to be when you got to the top coming
up the hill on
Mrs. Antoinette Kopeck, Town Clerk, stated there has been a stop sign there for a long time.
Mr. Kassay stated Antoinette goes by there everyday and that stop sign is very visible.
Mrs. Kopeck stated very visible.
Mr. Kassay stated maybe we should send a letter to the Sheriff’s Department and State Police and ask them to go by there periodically because people are blowing the stop sign.
Mr. O’Connor stated I don’t think it would be a good idea to
put a stop sign back on the top of
Mrs. Kopeck stated no, you can’t do that. You can’t stop especially in the winter.
Mrs. Nacerino stated in Mr. Varian’s opinion he feels there should be a yield sign because everyone seems to roll by and no one stops. I will start with calling Mr. Williams and in addition to that I will write a letter to the Sheriff’s Department.
Ms. Herodes stated I think contacting Mr. Williams is a good idea but I would caution against removing a stop sign. The homeowner needs to understand from a liability standpoint it is already well determined that a stop sign was needed there.
Mr. Kassay stated it is a local law.
KUBIE FAMILY
Mrs. Nacerino stated our good neighbors the Kubie family who
reside in
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Patterson to do so as well to collaborate in their time of need. As soon as I get the list from Barbara I would like to set up a box here at the Town Hall for those who wish to donate in the Town.
Mr. Dave Raines, Code Enforcement Officer, stated I spent a
good part of the last seventy-two hours with the Kubie’s and I was able to
expedite cash in hand overnight from the
Mrs. Nacerino stated that’s good news and thanks for the information.
Mr. Griffin stated their cat has created a bit of an issue with the Town.
Mr. Alan Jacknick, Dog Control Officer stated Mr. Raines called me to take their cat over to Dr. Kanouse. They had two but one is missing at this time. As I am transporting the cat over to Dr. Kanouse I became a little concerned because it is a little out of my jurisdiction as far as what the State regulations are and in terms of the Town being responsible. I’m looking for some direction in terms of dealing with pets other than dogs. The State regulations are very clear that the Town is mandated to get a dog into a state of comfort but there is no mandate in terms of cats or any other animals. I don’t mind transporting them but my fear is if I take them some place and an owner doesn’t show up
or if an owner says I didn’t authorize this the Town is going to get hit with a bill.
Mr. Griffin stated that brings us to the other part of the problem. When Alan got to the scene he was told that the cat had been burned and suffered smoke inhalation. It turned out that the cat was fine and Brook Farm Vet does not provide certain types of treatment for those incidences. They do not provide oxygen to animals. There is only one facility that does and it is about $1,000.00 to walk in the door and unfortunately the Kubie’s were not reachable by the Dog Control Officer so he had to make a decision on his own as to where to take the cat. If he had taken the cat to Dr. Kanouse and he told him there is nothing I can do to treat this cat he has to be given different or other treatment that is not available here but available in Katonah, it could have been a $3,000.00 to $4,000.00 bill easily. Is the Town Board willing to take that kind of risk and what direction do you want to give the Dog Control Officer in that respect.
Mr. Kassay stated as a Pubic Official if there is an emergency in any way shape or form you need to take the necessary action to assist. You just don’t turn your back and walk away ever. I don’t care if it’s an animal or a human being, it is the same response. There is going to be a gray area there and you are going to have to make a decision just like police officer’s do, we don’t have days to mull around what to do. You come upon a situation and it’s an emergency, you react to that emergency to the best of your ability and we will worry about it afterward. I don’t know about the liability, I think it is doing the right thing. If the animal is suffering you have to take action right away. How do you turn your back on something that is in need of attention.
Mrs. Nacerino stated I agree with Mr. Kassay. I believe it is a common sense issue and a humane issue.
Mr. Jacknick stated in this case my decision was somewhat easier because we were talking about fire. Mr. Griffin is right, they could say we didn’t authorize this. Most calls I get about cats are feral cats. There is no owner, does the Board want to incur that expense.
PATTERSON TOWN BOARD
Mr. Kassay stated if a deer gets hit and it is flopping around on the roadway, are you going to keep driving. Somebody has to respond and take action for that injured animal. If you don’t want to make the decision to help the animal you have to stand by and notify
the police department and have them respond. Somebody has to respond and take responsibility.
Mr. Jacknick stated more times than not the police call me.
Mr. Kassay stated have them meet you at the scene and he will have to make the report.
Mrs. Nacerino stated in your many years as the Dog Officer here in Patterson and in Southeast have you been faced with this dilemma.
Mr. Jacknick stated I had a call yesterday about a feral cat that was dying in Southeast and they don’t want me responding to calls like that. They don’t want to incur thousands of dollars.
All parties continued to discuss the above topic.
Mr. Griffin stated Alan Jacknick’s title is Dog Controller Officer not Animal Control Officer. If we are going to expand to other animals we are expanding his role. The Board Members, Alan and Dave need to sit down and discuss this and set a policy and discuss this at a later meeting.
MICHAEL
Mr. Griffin introduced the following Resolution of Adoption Local Law No. 4 of 2008, Zoning:
R-0908-02
WHEREAS, an amendment to Patterson Town Code Chapter 154, entitled “Zoning”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-3 of 2008, and
WHEREAS, a public hearing was
held on
WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and
WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 154, entitled “Zoning”, which amendment will alter the boundaries of the RPL-10 Zoning District and the R-4 Zoning Districts, as shown on the Zoning Map for the Town of Patterson, 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
THEREFORE BE IT RESOLVED that the Town Board of the Town of
PATTERSON TOWN BOARD
TOWN BOARD MEETING
impact for the following reasons:
1. The proposed local law will not create a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.
2. The proposed local law will not create a substantial increase in potential for erosion, flooding, leaching or drainage problems.
3. The proposed local law will not create a substantial increase in traffic or the use of existing infrastructure.
4. The proposed local law will not create a removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
5. The proposed local law will not create a significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources.
6. The proposed local law will not create a significant impairment of existing community or neighborhood character.
FURTHER BE IT RESOLVED, that the Town Board pursuant to 6 NYCRR Part
617.7 issues a NEGATIVE SEQRA Determination.
AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 154, entitled “Zoning”, as set forth in Schedule “A”, which amendment will alter the boundaries of the RPL-10 Zoning District and the R-4 Zoning Districts, as shown on the Zoning Map for the Town of Patterson, and
BE IT FURTHER RESOLVED, that Introductory Local Law I-3 of 2008 of the Town of Patterson hereby enacted as Local Law 4 of the Town of Patterson, and
BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
BIG ELM HOA – UPDATE
Mr. Griffin stated we have a stormwater pond that is in need of repairs and the Homeowners Association has gone defunct. The Town Planner had a meeting with the residents and they requested that the Town establish a Stormwater Management District and asked for some guidance from us. We had asked the Town Attorney to provide some generic boiler plate paperwork so that they could circulate petitions and start the process. It is my understanding that this information has been passed along so that we can circulate that to the homeowners and commence the process on their own.
RFP-WATERSHED GRANT
Mr. Griffin stated at the last meeting it was discussed that
the Town of
Mr. Griffin stated Mr. Williams I have a couple of questions. On page 16 it talks about inventory and existing stormwater infrastructure and there is a note that states “need to define detailed information” exactly how are we going to deal with that. The other question is you got a commitment from each Town to use wetland consultants to delineate wetlands in their communities and other Town’s need to make a commitment and provide specific information to the consultants.
PATTERSON TOWN BOARD
Mr. Williams stated the highlighted note was there for the technical committee to take a look at to initiate the discussion within the technical committee to see what inventory each municipality had. We are currently working on that. The other issue had to do with delineated wetlands and that is something I need to talk to the Supervisor’s about.
Mr. Griffin stated that will happen tomorrow and you will be at the meeting also. You and I have discussed this at some length and you need to get them up to speed so they have an understanding of what they need to commit their Town’s to do.
Mr. Williams stated I think they have committed to the program already.
Mr. Griffin stated they have to provide data on their stormwater management infrastructure. Hopefully they understand what they are committing to because this is not the simplest of tasks.
Mr. Williams stated what we are looking to do with committing to the infrastructure, their data base and what they have already collected. We need to identify what that is.
Mr. Griffin stated I think it is an outstanding piece of
work and I think you did a great job on this.
The grant will go a long way on this.
For everyone’s information, MS4 is a very specific program. It is derived through the State of
Mr. Williams stated I had a meeting today with the Department of State and the representatives of the Department of Environmental Conservation concerning the retrofit program and the amount of phosphorous reduction we are looking to do. We expect to have the full data by next Monday or Tuesday. They are going to provide us with the model and software they used and all their assumptions so we can back into the data and take a look at it ourselves to see if there is any adjustments that we can make to fine tune that data.
Mr. Griffin stated shifting gears here, have we heard back
from the Army Corp or Engineers relative to
Mr. Williams stated no.
Mr. Griffin stated I will send them an unpleasant letter and carbon copy our elected officials.
INTERMUNICIPAL AGREEMENT – SHARED SERVICES
Mr. Griffin stated I attended a meeting with the
Mr. Kassay stated I did today and he is on board with it one hundred percent.
Mr. Griffin made a motion
that the Town Board authorize me to execute the Intermunicipal Agreement with
the
PATTERSON TOWN BOARD
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
RESOLUTION CHANGE ORDER NO. 11 & 12 STRATIS
Mr. Griffin introduced the following Resolution for Change Order No. 11 & 12 for Stratis for an amount not to exceed $18,908.20:
R-0908-03
WHEREAS, the Town Board of the Town of Patterson has approved the construction of a wastewater treatment plant and collection system, hereinafter known as the Hamlet Sanitary Sewer System, that will provide wastewater treatment for several users including Patterson Village Condominiums, Cornwall Meadows Townhouses, Covington Greens Townhouses, twelve parcels on Front Street and the Carmel Central School District (hereinafter referred to as the “project”), and
WHEREAS, the Town Board has entered into a contract with Stearns & Wheler, LLC, Environmental Engineers and Scientists, 35 Corporate Drive, Suite 1000, Trumbull, Connecticut 06611, to provide project management and related services in connection with the project, and
WHEREAS,
Stratis Contracting Corp, &
WHEREAS, Stratis Contracting Corp. has submitted a request for change orders referred to as change orders #11 and #12, relating to the contingency allowance, and
WHEREAS, Stearns & Wheler, LLC has reviewed said change order requests, and has approved the change order requests, by correspondence dated August 11, 2008, which correspondence is attached hereto and made a part hereof, and
WHEREAS,
the Town Board of the Town of
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby approves the change orders submitted by Stratis Contracting Corp. in the amounts approved by Stearns & Wheler, LLC, as such change orders and the cost thereof are set forth in the attached correspondence from Stearns & Wheler, LLC dated August 11, 2008, a copy of which is attached hereto and made a part hereof, and
BE
IT FURTHER RESOLVED that the Town Board of the Town of
Seconded by Mr. O’Connor. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
RECREATION
CENTER-OFFICE MANAGER/UNIVERSAL GYM/HVAC SERVICE CONTRACTOR
Mr. Griffin stated there was a position at the
Mr. Kassay stated yes.
Mr. Griffin stated ok, at what salary range.
PATTERSON TOWN BOARD
Mr. Kassay stated whatever the posting states. I think we should interview which means you send out the canvass letters and let’s see what happens. We don’t have to make any decisions immediately.
Mr. Griffin stated ok. We don’t have to create the position or fill the position. It has been standard practice for the Board to interview on Tuesday prior to the Town Board meeting, do we want to continue that practice.
Town Board members agreed on
Mr. Griffin asked Sue Brown, Secretary to Supervisor to send out canvass letters and tell them we will be scheduling interviews for October 21, 2008 and based on the responses we can schedule them starting at 4:00 p.m.
Mrs. Nacerino stated and if at that time we do have an appointed Director of Recreation, I would like that person to be able to sit on the interviews as well.
Mr. Griffin stated we had a Universal Gym donated to us by the
Putnam County Jail. In the past, it has
been the policy of the Town and
Mr. Blanar stated about two weeks ago Lieutenant O’Malley
contacted me to see if we would be interested in the old Universal Gym that
they had at the jail. They got new
equipment so they were looking to donate it and wanted to know if we were
interested. Originally when my position
was upgraded, I never sat down with anyone so I didn’t know what has to be
approved, what isn’t approved or what the policies are. My thought was it is free, it’s not costing
us anything so I will put it in the closet for the time being until I know
exactly how it can be used. It’s in the
closet and is not accessible to the public and it’s always locked. I thought maybe the staff could use it, which
I think would be a good thing based on waivers being signed and using it at
your own risk. As far as the junior
staff under eighteen using it, I wouldn’t recommend it. If their parents sign a waiver, then I would
consider it. If the decision is that we
shouldn’t have it, I will call Jim Sangiardi from
Mr. Griffin stated in the future if you are going to take
gym equipment or set something up of that size and scope, I think the Board
would like to know about it. I walked
into that building on Sunday to check to see if there was storm damage and the
tables and the chairs were in the gym and I didn’t know why they weren’t put
away. I opened the door to the gym
closet and here is this monstrosity sitting in there and taking up three
quarters of the closet. Anyone who needs
to get anything out of that closet would have to climb over it to get it. I think in the future Raymond that street
runs two ways. It would be nice of you
to make the Board aware of it because I checked with them and the only person
who knew anything about that was Councilman Capasso. No one else knew about it. I knew about it when I opened the door on
Sunday. We came to a very specific
policy at the time when we opened that
Mr. Blanar stated that is fine. I have no problem with that. I clearly understand. First of all for the record it is only taking up maybe half of the closet and it is not in the way of anything we need right now. I made sure of that. My plan was to move it into the corner so it is not in the way of getting to the equipment. If you found out about this on Sunday,
PATTERSON TOWN BOARD
I would have liked to have known Monday or Tuesday before it was put on the agenda. I was never informed of the policy.
Mr. Griffin stated I said to you on Sunday we would talk about it during the week.
Mr. Blanar stated exactly, so my point is why wouldn’t you talk to me about it during the week on Monday or Tuesday before its made public.
Mr. Griffin stated because after I poled the Board I was a little bit annoyed over the fact that this had not been discussed with us.
Mr. Blanar stated I was never informed of a policy. No one ever sat down with me to go over what
the
Mr. Griffin stated ok.
Mrs. Nacerino stated I think his intentions were in good faith. As he expressed he didn’t know what the policy was. I just have one question, if this piece of equipment which is rather large, is utilized where would you put it once you take it out of the closet. I think we are a little cramped for space.
Mr. Blanar stated we have kids toys in the back corner and everything can be shifted around and slide the gym in the corner and the whole part of the gym is accessible as well as having enough room to store our table and chairs in the closet.
Mr. Kassay stated I think this needs to be tabled so we can really think about this.
Mr. Griffin stated I think you should also go down and take a look at it and see what the issues are.
Mr. Kassay stated right now it is out of the publics view, no one can utilize it.
Mr. Griffin stated if the Board wants to change the policy, I will not take issue with that.
Mr. Griffin stated I received a memo on
A few months ago I was instructed not to use Hudson Mechanical for maintenance and repairs for the Town HVAC equipment. As the summer is almost over and the heating season will soon be upon us, there is standard service work that needs to be performed at all Town facilities in order to be prepared for the shut down of the air conditioning units and the start-up of heating systems. At this time, I am requesting guidance from the Town Board as to whom the Town has selected to replace Hudson Mechanical to perform maintenance and repairs as needed.
Mr. Capasso stated do we have a service contract for Hudson Mechanical.
Mr. Griffin stated we have a service agreement with them. We have proposals.
Mr. Capasso stated if you remember I brought this to the Board’s attention on how they over charged us for some repairs. You told me to handle it, so I handled it. I would rather not use Hudson Mechanical anymore and I also have another problem with Haviland over charging us again. I took it upon myself to find someone that is qualified, honest and will do the right job for us at a cheaper price. If you want me to get a service contract, I will. If you want me to handle it, I will. I think I am capable of handling it. Within two months, I found two bills that they were over charging us. I am protecting
PATTERSON TOWN BOARD
the taxpayers. If you have a problem address it to me or tell me. Don’t throw a letter in my mailbox about me.
Mr. Griffin stated I am going to tell you something right now;
this is a five
Mr. Capasso stated and I am doing the right thing.
Mr. Griffin stated you may be doing the right thing but the fact of the matter is the way this works is when somebody is asked to handle a problem they research it, they bring the information back to the Board and they make recommendations for the Board to approve.
Mr. Capasso stated it was an emergency call.
Mr. Griffin stated so Steve Adams was down there today checking out the furnaces and doing work down there.
Mr. Capasso stated who is Steve Adams.
Mr. Griffin stated apparently someone you authorized to do work down there.
Mr. Capasso stated no, I did not.
Mr. Griffin stated then I don’t know how he got there. We have no information on this guy. Who did you request to go down there to work.
Mr. Capasso stated I requested Steve Adams to fix the boiler leak, only.
Mr. Griffin stated he did a little more then that. We do not have an insurance certificate for Mr. Adams. Nothing has been put in writing as to what rate we are going to be paying, etc.
Mr. Capasso stated we don’t have any rates on any of these.
Mr. Griffin stated yes we do.
Mr. Capasso stated where.
Mr. Griffin stated we approved the rates. I will give you the information on Hudson Mechanical. Research was done, four or five companies were interviewed, they gave references, they were called and they were checked out. They had the lowest rate and the Board agreed and at a Town Board meeting we agreed to hire Hudson Mechanical to do the work. This was before your time. In the future, if you don’t think we should continue to do business with someone……..
Mr. Capasso stated you told me to.
Mr. Griffin stated I apologize for misleading you. Handling it means you go down there to see what the problem is, you identify the problem, you come back to the Board and tell them what the problem is.
Mr. Capasso stated I did and you told me not to pay it.
Mr. Griffin stated that is right but I didn’t say fire them.
Mr. Capasso stated I didn’t fire them; I just don’t want to use them anymore. There is a difference.
Mr. Griffin stated the bottom line is……..
PATTERSON TOWN BOARD
Mr. Capasso stated the bottom line is I am saving the Town money.
Mr. Griffin stated we are all very happy about that but there is a procedure that needs to be followed that is all I am saying. These are decisions that are made by the full Board.
Mrs. Nacerino stated I think we need some better communication, as well.
Mr. Kassay stated Joe, you and the Supervisor are going to follow up on this and resolve it.
Mr. Capasso stated yes.
Mr. Griffin stated I know Steve Adams he is a good guy and I don’t take issue with that other then we need to get insurance certificates, his rates in writing and make sure if the Board is ok with that.
Mr. Capasso stated all you had to do is ask me that, you didn’t have to write me a letter.
DIRECTOR OF CODES ENFORCEMENT – CANVASS
Mr. Griffin stated the test has been given, the list is out and we have a number of candidates that we are familiar with and we need to make this a permanent appointment. At this point, I am asking the Town Board if you would like me to canvass the list and at what salary.
Mr. Kassay stated again, we need to canvass the list and have Sue Brown send the letters out and set up the interviews and make the appointments so the Board can better understand who the candidates are and be in a better position to make a recommendation as to who might be the successful candidate.
Mr. Griffin stated the canvass letter has to go out with a salary range.
Mr. Kassay stated whatever the posting from the County states. As long as you stay within the posted range.
Mr. Griffin stated once you send out the canvass letter with a posted range you cannot deviate from that range. There may be candidates that look at that and not be interested in that salary and send their letter back declining because the salary is too low.
Mr. Kassay stated then they will decline.
Mr. Raines stated the salary posting has one number it is not a range. The salary states $60,000.00. You might want to go up on the range.
Mrs. Nacerino stated they usually always have a range and usually the salary is commensurated with experience so there is a negotiation that can take place.
Mr. Griffin stated for canvassing purposes the salary you canvass at is the salary range from which you must work.
Mr. Kassay stated if I remember correctly on the last set of interviews we just did this Tuesday there was a range on those postings, so why is there not a range on the Director of Code Enforcement. I might have to question Accounting. Maybe they made a typo.
Mr. Griffin stated we will contact the County and get the range and I will send a memo to the Board and you can respond to me individually and let me know what you want to canvass at and when you want to do the interviews.
Mrs. Nacerino stated I think this Board needs to determine what range we want to solicit.
PATTERSON TOWN BOARD
Mr. Griffin stated we discussed this six weeks ago.
Mrs. Nacerino stated no, we touched upon it we didn’t get actual input to determine what the range is and I think if we are going to set up interviews and canvass letters then each of our input needs to be recognized and we need to come up with a range which we
obviously do not have right now. We are putting the cart before the horse in sending out canvass letters.
Mr. Kassay stated I think we should check with the County and see if their letter is correct and we will go from there.
Mr. Griffin stated so we will table this until next meeting.
OVERTIME/COMP TIME-POLICY CHANGE
Mr. Griffin asked Mr. Kassay to read the resolution:
SECTION III: OVERTIME
a. Overtime is that time worked in excess of forty (40) hours in a work week. Overtime work may be performed before or after scheduled work hours but only when authorized by the employee’s immediate supervisor and two Town Board members.
The Fire Code Officer and Code Enforcement Officer are exempt from the requirement of prior authorization for emergency responses only. If an emergency response is made without prior authorization, a written explanation shall be submitted to the Town Board within 24 hours of the incident.
b. The Town Board shall determine whether employees shall be compensated for overtime by non-compensatory time at the rate of one and one half (1 ½) times normal pay.
All non-compensatory time must be used within sixty (60) days from the time earned.
Mr. Williams stated I have two girls who work in my office that have to work night meetings, how does this affect them, do they need to get approval.
Mr. Kassay stated you are their immediate Supervisor.
Mr. Williams stated do I need to get two Town Board members to approve it in addition to me.
Mr. Kassay stated you probably do according to what I just read.
Mr. Williams stated each meeting.
Mr. O’Connor stated no.
Mr. Williams stated we could do a blanket at the beginning of the year. Do we want to do that now.
Mr. Kassay stated we want to do that as soon as the Board adopts the policy. We need to adopt the policy by resolution first.
Mr. Mike Semo stated is that retroactive.
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Mrs. Nacerino stated no.
Ms. Pat Ploeger stated this if for anything over forty hours.
Mrs. Nacerino stated yes.
Mr. Dave Raines stated the part-time employees will not be eligible for over time or compensation time.
Mr. Kassay stated they have to work forty hours.
Mr. Griffin stated we have adopted all the accruals tonight to formerly state each individual that has compensation time on the books.
Mr. Raines stated are they paid out.
Mrs. Nacerino stated they have a choice.
Mr. Kassay stated they can take it in money or time.
Ms. Herodes stated it is the Town Board’s choice.
Mr. Semo stated can I suggest something to the Board, add a section for those who accumulate hours on the books now with a cut off time of sixty or ninety days to be used up.
Ms. Herodes stated that already goes according to the policy that is in effect up until today.
Mr. Semo stated so this is just the addendum to the existing policy.
Mr. Griffin stated right.
Mr.
Kassay introduced the following Resolution
Amending Section III of the Town of
R-0908-04
WHEREAS,
the Town Board of the Town of
WHEREAS, the Town Board is desirous of making an interim amendment to the current personnel policy Section III, relative to “OVERTIME”, and
WHEREAS,
the Town Board of the Town of
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby amends Section III, OVERTIME, of the Town of Patterson personnel policy in accordance with the form attached hereto, and
BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents and to take any and all action necessary to give effect to this resolution, and
BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby directs the Supervisor to provide each employee of the Town of Patterson with a copy a
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the amendment and to record signatures of each employee acknowledging receipt of the amendment.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Griffin stated do you want to make a blanket policy that authorizes the Secretary to the Planning and Zoning Boards to attend the regularly scheduled meetings.
Mr. Kassay stated I think I would like to table that because I think the language has to be explicit and I don’t know whether or not flex time could be used in those cases because it is a standard occurring event. I would like to talk about that further.
Town Board members agreed to table this matter.
NEW
COURT HOUSE
Mr.
Griffin introduced the following Resolution
for Patterson Justice Court SEQRA Determination of Significance:
R-0908-05
WHEREAS, the Town Board of the Town of Patterson proposes the construction of a new 7,500 sf building that will be used for the Patterson Justice Court, with an estimated cost of $3 million dollars; 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
NOW THEREFORE BE IT RESOLVED
that the Town Board of the Town of
1. There will be no substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.
2. There will be no substantial increase in potential for erosion, flooding, leaching or drainage problems.
3. There will be no substantial increase in traffic or the use of existing infrastructure.
4. There will be no removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
5. There will be no significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources
6. 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 Mr. O’Connor. All In Favor: Aye. Carried.
PATTERSON TOWN BOARD
Mr. Griffin stated at the last Town Board meeting a presentation was made by the Town Planner as to the need to relocate the Courthouse to the proposed location to a slightly new location because of problems arising out of stormwater management and wetlands and the possibility of running afoul of the State and City Agencies. We had a subsequent meeting on the site and a lot of discussion has been had and if we are going to move this project forward we are going to need some agreements from the Town Board. Does anyone want to discuss anything.
Mr. Kassay stated at the last meeting we had at the site I asked for three things and I asked it on behalf of the Board and I still have not received the answers for that request. Has anyone else received them.
Mrs. Nacerino stated no.
Mr. Kassay stated we want to know what it would cost to move the gas line. The Town Planner and Code Enforcement Officer were going to look at the blueprints to see if certain things could be shortened by twenty to twenty-five feet. Are we going to move the building back further. Not having the answers in writing as I requested I can’t go forward with anything until I receive that information.
Mr. Raines stated I am one of the people who did tell you that I would get you that information but unfortunately we didn’t get that information until the last twenty-four hours.
Mr. Kassay stated ok you were busy and that is understandable.
Mr. Raines stated it wasn’t about being busy we went right to NYSEG, the engineer and architect to get those answers. Within the last twenty-four hours we did get the answers and we got together yesterday and today. I spoke to the judges because a couple of more issues came up and I thought it was pertinent and I wanted to make sure they were addressed. I will be more than happy to give you some answers now and follow up with written form if you would like.
Mr. Kassay stated I only found
out tonight from Judge Tricinelli that there was a meeting regarding the Court
House today and I wasn’t the only Councilperson that didn’t know about it. One Councilperson found out about it at
Mr. Raines stated absolutely. As far as the meeting it was not a Town Board meeting with the Justices. Once again it is miscommunication within the Town Board. I was in court for the last two to three days before both Judges and they both expressed concerns and wanted to speak with Mr. Williams, Mr. Griffin and myself about what is going on with the court. They have been hearing a lot of misinformation and they were concerned. I told them if they had any concerns they need to bring to the Town Board I would like to meet with them first. They asked me if I could meet them after work today and I told them it wouldn’t be a problem. I said I would see if I could get any of the Board members to attend because they would have some input. There was no intent that this was a formal meeting. We just wanted to listen to them and hear their concerns.
Mr. Kassay stated it could have been a special meeting with a waiver and it would have saved you going through all this dialogue now.
Mr. Raines stated the problem is
Judge King confirmed with me on Wednesday evening at
Mrs. Nacerino stated it is a moot point at this point, let’s just go forward.
PATTERSON TOWN BOARD
Mr. Raines stated miscommunication is ninety percent of the problem with this Board.
Mrs. Nacerino stated yes I agree.
Mr. Raines stated I am just letting you know that there was no meeting. I asked if Mr. Williams had some time, Mr. Griffin was at a doctors appointment and I asked him if he could make it back I didn’t want to be the one answering questions I shouldn’t be
answering. There were non building related questions. It was about listening to the Judges and what their vision of the building would be.
Mr. Mike Semo stated it is my understanding that this was moved because of the change of the DEP’s regulations.
Mr. Griffin stated no, it was moved because of potential changes to the DEP regulations and also because of flagging of the control zone in the back and the benefit of grading as well as stormwater management.
Mr. Semo stated assuming all of those are correct, have we even approached DEP and/or DEC on this before we invest another dime.
Mr. Griffin stated yes, we have approached the DEC and we don’t need anything from them.
Mr. Semo stated so they are in agreement with this.
Mr. Griffin stated the DEC is perfectly fine with this. They said we don’t even have to move the building.
Mr. Semo stated what about the DEP.
Mr. Griffin stated we have met no DEP triggers for any permits or any input from them. We have not approached them because we do not need their input.
Mr. Semo stated I’m not sure if I agree with you on that. Wouldn’t it be smart to make that question at this point rather than finding out down the road and it will cost you another $100,000.00.
Mr. Griffin stated what is your take on why we would need to go see the DEP.
Mr. Semo stated because we are
awful close to what might be considered a wetland or a watercourse or drainage
into the
Mr. Griffin stated right now we do not trigger any DEP approvals or reviews.
Mr. Semo stated you haven’t triggered it yet but you haven’t made a filing yet.
Mr. Griffin stated there is no reason to make a filing. We are in compliance with the regulations.
All parties continued to discuss the above topic.
Mr. Dave Raines stated this layout (referring to diagram) is showing the seventy-five hundred square foot building along the eastern portion of the parking lot approximately eighty-seven feet from the existing building. This is well outside of the problem area. When I say the problem area, the area that would be impacted by a change or current wetland regulations. To answer your first question about the NYSEG easement I have a two part answer. Where it is marked out is accurate so when you see the flags running along these two boarders and then cutting across to the property to the fence line it continues along the fence line on the west side and down Williams Street.
PATTERSON TOWN BOARD
Mr. Kassay stated that wasn’t my question. My question pertained to (inaudible) out on the road with the building here not the building here (pointing to diagram).
Mr. Raines stated I don’t have a plan to show that.
Mr. Kassay stated we wanted to know what it would cost to move this part of the pipe
line if the building was going to be centered. It’s not mapped out where the gas line is here where the potential for the twenty spaces back here……
Mr. Raines stated what we had to do was find out where it was so we could get a price of how much it would be to move it.
Mr. Kassay stated what would it cost to move this pipeline. The center of the property where the building starts……
Mr. Raines stated I understand your question completely. It is $17,000.00 to $25,000.00 inclusive of relocating the pipeline which would be done by a NYSEG contractor. Not NYSEG but a contractor that they have. There is a cost per foot then we would be responsible within that amount of money that I just stated to have the area resurveyed and the attorney to rewrite the easement.
Mr. Kassay stated they would have to also identify where the pipeline goes back toward the new parking area that could be proposed. They haven’t marked that either.
Mr. Rich Williams, Town Planner, stated no that was done today.
Mr. Kassay stated what did they charge us for that.
Mr. Williams stated they didn’t charge us.
Mr. Raines stated they have to provide that.
Mr. Kassay stated so that problem has been resolved.
Mr. Raines stated that is why I started with “we had to identify where it was” so we could come up with how much would have to be moved regardless of what set up we had. The linear footage is only a difference of twenty to thirty feet based on the different layouts.
Mr. Kassay stated thank you for answering the question for item number one.
Mr. Raines stated as you stated we looked at several different proposals or site layouts. In going back to the engineers as well as going back to the architectural layout several concerns came up. One of the concerns specific to putting the building in the middle of the parking lot was that the drainage requirements to get the water to run off the east side. In order to get the water from here to here there was a substantial cost which again we couldn’t pinpoint it because we didn’t have an infrastructure to estimate by. It was noted in the discussion that occurred since the last walk through that was on Tuesday that we were trying to come up with a way to get the water from here to here. The point that the water is going to discharge is on this side of the site. That was one of the pitfalls to locating the building in the center of the parking lot. One of the other concerns was that we minimize the amount of parking. The net increase over the existing number of spots is only thirteen. In looking at the footprint of the building can we scrunch it down. Right now it is one hundred and forty-three linear feet. The width is fifty feet. We can eliminate approximately fifteen feet and still maintain the infrastructure. The cross difference is so nominal because all we are eliminating is part of an office. The bathrooms pushed down. I had a recommendation to the architect to take the entrance and put it on the north end of the building to save the vestibule space. We wouldn’t be saving much. You would have to weigh that against moving the gas line. If you wanted
PATTERSON TOWN BOARD
to build it north with this layout you could leave it at one hundred and forty-three feet and you would have to weight it against what the cost would be to move the gas line. If we are saving $50,000.00 by shrinking the building and I don’t know the number, but let’s make an assumption that we are saving $50,000.00 and that is probably high.
Mr. Griffin stated that is very high.
Mr. Raines stated ok. I honestly don’t know. We didn’t get that deep into it. I don’t believe that the net savings would be worth it to change the footprint. If you wanted to push the building further away from the Town Hall we would then move the gas line north or if you wanted it in the center which I really don’t think is a smart move. Mr. Williams said we had about thirty feet.
Mr. Williams stated I would have to go out and measure it to be sure but it is in that ballpark.
Mr. Raines stated if we wanted to increase the set back distance from eighty-seven feet plus twenty-five or thirty feet we could do that and then anticipate the cost of moving the gas line north. Right now the building was designed to stop there only because the gas line easement.
Mr. Kassay stated so if you move the building back thirty feet you still have to deal with the price of moving the gas line, whether it is in the center or to the right.
Mr. Raines stated correct.
Mr. Kassay stated so what was the consensus in discussion about shortening the building by that fifteen or twenty feet.
Mr. Griffin stated the purpose of the meeting with the Judges was to discuss that very issue. There was a discussion that Mr. Raines brought up which was an excellent idea. The whole reason that we shrank the courtroom was because of a requirement for the sprinkler system. There are two ways to deal with this. Spend $300,000.00 to put in sprinklers but that is not doable in terms of the budget. The other option that Mr. Raines and I have discussed was going to the State of New York Division of Codes for a variance. Because this is a ground floor situation there is a very good possibility they would give us a variance in the future to expand the courtroom area and possibly move these rooms. Move the conference room back and find a new home for the Historical Society in the future and the possibility would be to move the courtroom back. Mr. Raines suggestion was to change this to an egress only and direct everyone to which is now going to be the north end of the building which would be this end of the parking. One of the points of putting the Court House back here was to push the court parking to the furthest back parking spaces because we wanted to keep the separation. There is Thursday night court and Thursday night Planning Board meetings. Most people are lazy and they are going to park as close to the entrance as they can get. I thought that was an excellent suggestion. The other part was the Judges were not happy over the fact that we had to shrink the court room a number of seats. They had requested one hundred and twenty. Due to the requirements of sprinklers and the length of time it takes to get a variance we had to shrink this to come into compliance to ninety. The Judges need all the storage room they can get. They would rather not shrink the building.
Mr. Kassay stated how many seats in the old Court House.
Mr. Griffin stated less than sixty.
Mr. O’Connor stated one of the reasons they had the meeting
today with the Judges was because the Judges heard that somebody went up to
PATTERSON TOWN BOARD
the future. I wanted to see if we could share their Court
House. There is no room in their
existing court for us. The Judges got a little
upset about that because they are not interested in going to
Mr. Kassay stated the need for a Court House here is far
greater than what
Mr. O’Connor stated they made their meeting room the same as
their court room. They have two offices
on the side. They have a holding
cell. They only put in enough for
themselves. The Judges convinced me that
sharing with
Mr. Kassay stated it was expressed to me that the people in
the Town of
Mrs. Nacerino stated I would like to interject because I
accompanied Mr. O’Connor on the visit to
Mr. O’Connor stated we took the trip to see if we could possibly save money. The more I thought about it the more impractical it was. I would have loved for it to work.
Mr. Kassay stated you’re right. It was an option you looked into and now we found out that it won’t work.
Mr. Griffin stated Judge John King expressed the fact that
he would rather not get up at
Mr. Raines stated I spent a considerable amount of work this week to try to take this seriously and look at the footprint and I know there are different options out there. As someone who holds a degree in engineering and has been your Fire Inspector for fifteen years, the Building Inspector for the past two years plus, I looked at all the options and if you are going to move forward with this project, keep the building on the east side of the property, push it at lease one hundred feet from the existing Town Hall, push it north as far north as our Planner feels it would keep us out of any concerns back here. Maintain the building at its current footprint which would allow us to expand. I’m not an advocate of being an ex-police officer and being involved in many court proceedings. I’m not advocate of having anyone else as tenants within the court. That is truly a concern with our current situation. If there is any other information to help you move forward, please let me know.
Mr. Kassay stated the scenario you are leaning toward; there are one hundred and twenty parking spaces versus ninety-eight for the other.
Mr. Williams stated this one is a hundred and nine with the option of doing twenty more.
Mr. Kassay stated and the other scenario would have been thirteen spaces short of the hundred and nine.
Mr. Williams stated sixty-five plus thirteen.
Mr. Kassay stated plus the twenty and that would bring it up to ninety-eight.
Mr. Griffin stated it is one hundred and twenty four versus ninety-eight.
PATTERSON TOWN BOARD
Mrs. Nacerino stated while I think the center esthetically would be very pleasing, the fact that we would only gain thirteen spaces going into a state of the art building we wouldn’t want to short change and knowingly not have ample parking because we will out grow it in the first year. My opinion would be what were they thinking when they knew up front that we would be short on parking spaces. Court will only increase in the years to come so we need to have a little bit of foresight with that. Mr. Williams spoke at our site walk
last Tuesday, I did express concerns that the building was so close to Town Hall and if we could move it north, I would be very comfortable with that.
Mr. Raines stated the one piece I left out is at some point I do believe that we will be developing back here.
Mr. Williams stated that is all wetlands. You have the shed there.
Mr. Raines stated correct me if I’m wrong, if we put the building in the middle there is no potential to develop anything else on the site.
Mr. Williams spoke but due to lack of microphone usage, unable to transcribe.
Mr. Raines stated I don’t even know if we can create open space back here if we put the building in the center.
Mr. Kassay stated that is where you would have to run the stormwater, so you couldn’t put anything back there at all.
Mr. Griffin stated the further you push the stormwater ponds back the more opportunity closer to the building you might have…….
Mr. Raines stated I just thought there would be some opportunity to develop something in here.
All parties continued to discuss the layout of the court house.
Mr. Richard Armistead stated how much money has already been spent on what has been done already.
Mr.
Mr. Armistead stated the numbers you just gave me brings us up to date right now. Aren’t the architects going to have to go back and redraw at a different place on that map.
Mr. Griffin stated the engineers are going to be doing the redesign of the site plan.
Mr. Armistead stated don’t we have to pay them for that work.
Mr. Griffin stated we are in the process of negotiating that and we will get a discounted rate on that.
Mr. Armistead stated why wasn’t this looked into before so we didn’t have to stop the project. We could have been well into this project by now. Was there something that someone missed or dropped the ball on.
Mr. Griffin stated in January the Town Board authorized the Town Planner and Town Attorney to negotiate a land acquisition with the Harbby’s with the consideration of the possibility of locating a cell tower on Harbby property to help offset the cost of the Court House. The Town Planner and Town Attorney spent approximately five months negotiating the deal. When they got contracts from Verizon and the Harbby’s we told the
PATTERSON TOWN BOARD
Town Board we had the contracts and asked them if they
wanted to authorize me to sign it. After
considering everything and seeing the reaction from
permission I authorized the Town Engineer to go back into full site plan design. The Town Engineer approached us and said we have a couple of issues, we have some grading problems, an issue with the stormwater and the wetlands, which is now with the
buffer zones and the changes that were made by the DEC in March. They recommended that we consider moving the building. Mr. Williams worked with the Town Engineer and stated in order not to get in trouble with the DEP we should consider moving the building.
Mr. Armistead stated when you were up there you made mention that in the future you might be able to extend the court. Why don’t we take that step now.
Mr. Griffin stated Mr. Raines and I are going to pursue that now because we are in agreement that there is nothing going to happen in terms of construction until April. I am hoping the Board will authorize tonight the asbestos abatement and we can move forward with the demolition of the buildings in the back. We now have time to pursue the possibility of a variance.
Mr. Armistead stated Mr. Raines spoke about ninety-eight parking spaces versus twenty-four and you said there were sixty cars at the library. Isn’t it more than ample with all of these parking places since you don’t have the library to worry about.
Mr. Raines stated this design would maximize the number of spots within this parcel. If we move the structure to another point, specifically in the middle, that would limit the number of parking spaces. My statement to clarify what I said, this layout optimizes the numbers of parking spaces we can get within this disturbed area.
Mr. Armistead stated the only reason I said that was because maybe ninety-eight isn’t the arbitrary number for you to move that building where you really want it. You said that was the best scenario you can come up with. Maybe if you only put seventy-four parking spaces there you could still do something else with it like opening the building back up to where you originally had it. Maybe we don’t need ninety-eight spots. You don’t have the library and there is only two nights of court, right.
Mr. Kassay stated during the day Judge Tricinelli has court.
Mr. O’Connor stated they won’t have the library but we will have Town Hall. The Zoning Board is not too big but sometimes the Planning Board is big. The Judges were very adamant that from a court security standpoint that is the better location.
Mr. Armistead stated maybe if we had less parking spaces you could fit the building in the original spot.
Mr. Griffin stated I understand what you are saying and I agree with you. The one hundred twenty-four is from the original proposed footprint.
Mr. Armistead stated I’m looking toward the future, not 2008 but 2020 when this Town will be bigger. Will this building be enough. I’d rather spend the money in 2008 then in 2020.
Mrs. Nacerino stated exactly.
Mr. Raines stated to answer that point that is why we discussed this with the Judges. We talked about the Town growing and what we would do is increase the court calendar.
PATTERSON TOWN BOARD
Mr. Capasso stated do you see a problem with the trucks coming in and out of the parking lot during construction. There will be cement trucks, tractor trailers, cranes, etc.
Mr. Raines stated I see a bigger challenge because it is going to be an active site.
Mr. Capasso stated how are you going to handle that. Material will be brought in where are we going to put it.
Mr. Griffin stated we are going to set up the back parking area for staging. If you go behind the shed that is very stable ground that was anticipated for the job trailers and material staging. As construction starts we will probably close off this part of the parking lot.
Mr. Raines stated the first thing that would come out is the island and we are getting ahead of ourselves. Then reconfigure so we would have ample parking to maintain Town business on the west side. We would have a construction fence up to ensure that we have adequate clearance here and probably have construction entrance of some sort for deliveries that we were concerned about to come in. The key thing is if we opt to manage this project and not have a third party managing it I think a lot of these things will be a lot clearer and we will have hands on control over what goes on, hours of construction, whose making the calls, change orders. I think that is something to take into consideration.
Mr. Kassay stated how many feet is the building from the building line to the railroad track.
Mr. Williams stated forty feet. That is a ball park figure.
Mr. Kassay stated so that would mean from where I am sitting you wouldn’t even make the roadway out there.
Mrs. Nacerino stated I thought you said fifty feet.
Mr. Williams stated I don’t know I looked at a couple of dozen plans. I think it is forty.
Mr. Raines stated it is almost fifty feet.
Mr. Griffin stated we need to agree as a Board to move this project forward, if so, in what location. You have to authorize the Town Planner, Codes Enforcement Officer, Town Engineer and Architect to move this project forward. Everyone has a lot of work to do to get this done.
Mr. Griffin stated can we agree to move the project forward and can we agree on that location with the relocation at a minimum of one hundred feet from the current Town Hall and the relocation of the gas line.
Mrs. Nacerino stated yes.
Mr. Griffin stated can we agree to authorize the Town Engineer to continue or to give us a price for the remainder to the work to be done. The Town Engineer has most of the time and effort into this and is probably the best prepared to continue with the design. I think we should continue with them. We also need to authorize to continue the design with the Architect.
Mr. Williams stated we can’t continue without approval of the survey.
Mr. Capasso stated I would like to know who is going to pay for the engineering, since we had to move it and it was originally in the back.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated I am working with the Town Engineer on that and I think we are going to get some major concessions on that.
Mr. Capasso stated I think we should.
Mr. Griffin stated I think we should too.
Mr. Capasso stated we didn’t mess up. I would also like an updated site plan where
everything is going to be.
Mr. Griffin stated that is what the point of the survey is.
Mr. Williams spoke without a microphone, unable to transcribe.
Mr. Kassay stated for safety reasons could we find out about putting some fencing behind the building between the building and the tracks. We have to put something back there to keep people from wandering on the tracks.
Mr. O’Connor stated I was also thinking of putting something like a sound attenuator.
Mr. Griffin stated Mr. Raines recommended and the architect agreed was that a foam encased concrete be used for the building.
Mr. Kassay stated the site plan we are going with is the scenario with moving the gas line.
Mr. Griffin stated yes. We all agree to move forward, we agree on the survey and I will spend some time with the engineers and we will go forward with the project.
Mr. Kassay stated with a fence also.
Mr. Griffin stated yes.
Mr. Williams spoke without a microphone, unable to transcribe.
EXECUTIVE SESSION - PERSONNEL
Mr. Griffin stated we received a letter from the Attorney’s recently about some investigative work. I discussed this with Mrs. Nacerino as Personnel Committee to investigate and she said she would discuss it with you and agree to do that.
Mrs. Nacerino stated we didn’t talk yet.
Mr. Griffin stated I know I just spoke with her
tonight. If the Personnel Committee is
willing to agree to investigate based on the Town Attorney’s letter regarding
the
Mr. Griffin stated I will eliminate my Executive Session.
AWARD BID-ASBESTOS ABATEMENT
Mr. O’Connor introduced the following Resolution to Award Bid for Asbestos Abatement:
R-0908-06
PATTERSON TOWN BOARD
WHEREAS, the Town Board of the Town of Patterson recently advertised for bids for abatement and removal of asbestos at #14, #16-18 and #20 Leibell Place, and
WHEREAS, bids were received from five asbestos abatement companies, and
WHEREAS, Boyle Services, Inc. submitted the lowest qualified bid, and
WHEREAS, the Town Board of the Town of
NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby accepts the bid of Boyle Services, Inc. to provide asbestos abatement and removal as stated above in accordance with the statement attached hereto, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mrs. Nacerino.
Mr. Capasso stated discussion. Why are we spending money if we don’t have a site plan yet and the houses are not in the construction.
Mr. Griffin stated we need to do asbestos abatement and to do the stormwater management plan. We are going to have to remove the building and the State of New York the Department of Labor will not allow us to do anything with those buildings until we have filed an asbestos abatement plan, which we have and now we have to have an asbestos management company oversee the asbestos abatement by a licensed asbestos remover and then after that the Highway Department will be more than happy to come in and demolition the building.
Mr. Kassay stated there were five bids. What were the amounts of the bids.
Mr. O’Connor stated they were $64,000.00; $169,000.00; combination of $206,000.00 and $225,000.00; combination of $81,000.00 and $107,000.00; and combination of $143,000.00 and $195,000.00. The combinations were whether or not they work on weekends. The $64,000.00 was straight day or night. Boyle Services seems to be happy to get the work.
Mr. Griffin stated I was concerned about that price and Mr. Williams and I discussed it and he said there were a couple of things missing from his bid package.
Mr. Williams stated not on the price but what he is going to do.
Mr. Griffin stated some of the supporting documentation and not inclusive bidding things.
Mr. Williams stated everything that the Town required was in there. I was very concerned about that price since the highest bidder was over $200,000.00. He continued to speak without a microphone, unable to transcribe.
Mr. Kassay stated I felt the same way. I thought something is wrong here.
Mr. Griffin stated Mr. Williams requested additional information from them and every bit of it was received within forty-eight hours.
Mr. Williams stated in twenty-four hours they sent me all their procedures, all their safety protocol, all their violations that they had in the past couple of years, which are
PATTERSON TOWN BOARD
practically none. Trust me with asbestos removal you are always getting hit with violations.
Mr. Raines stated I would like to have a pre-demolition meeting with them, myself, Mr. Griffin and Mr. Williams present. I’m not saying you don’t know your stuff, but I don’t want you holding the bag on this one.
Mr. Williams stated that’s fine. I don’t do asbestos and I don’t do buildings.
Mr. Raines stated we are currently doing two very large asbestos abatement projects with IBM and they are both turning into disasters and they are both single family residences that IBM has owned forever. They need to get rid of them because the State came in and told them to get rid of them.
Mr. Williams stated we retained a company by the name of Quest that specializes in this and we are going to have a pre-construction meeting and you will be included.
Mr. Griffin stated you and I discussed the need for an electrician and plumber. Has Leahy taken their tank.
Mr. Williams stated I don’t know I don’t know where they stand.
Ms. Herodes stated I spoke with Leahy. They are having trouble identifying this tank. First they said it is not their tank. The serial number doesn’t match anything they have. She thinks it is a tank from before they converted their tanks. She was going to send someone out to do field investigation of the tank to see if it is full or not and then get back to us.
Mr. Williams stated maybe I am making too much of this but I would not let Leahy come in and take the tank off the site without giving us credit.
Ms. Herodes stated in a normal closing with a normal seller
you would get from the seller a reading on the propane from the propane company
and you would credit the seller. We have
not done that because this is a short sale so there are no credits back to the
seller of any kind. Leahy’s issue is
that the tank which was not the Jenniton’s they think was some tenant’s along
the chain. Almost every tenant in there
has owed them money. They delivered
propane and the account is in a negative status, so that is what they have to
define. If the propane is paid for and
does relate back to Jenniton’s or even a prior owner I certainly will continue
the argument with the Town of
Mr. Capasso stated what do you need an electrician and a plumber for.
Mr. Williams stated we are required to provide electricity……
Mr. Capasso stated ok, it’s service for the men working.
Mr. Griffin stated if you have someone you use that works very economically please let us know.
Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
MARTIN SUBDIVISION
Mr. O’Connor stated we have a request from the Planning Board concerning the Martin subdivision that they be approved for an open development area pursuant to Town Law No. 280-a (3). They want to maximize its use. Even with a common driveway it still has deficiencies. It will still need variances.
PATTERSON TOWN BOARD
Ms. Herodes stated I think there was a little confusion going back and forth between the Boards. It is before you to decide on the 280-a application. I think what the Planning Board is looking for from you is whether or not you would accept the road as a Town road or whether or not you would be willing to allow the 280-a if there was not a Town road. In essence it would mean they do the common driveway. They were trying to reach a consensus to tell you what they would hope you would do.
Mr. Williams stated they did reach a recommendation. It was a split decision. I believe it was three to two.
Mrs. Nacerino stated but the Town has always taken the position to discourage common driveways, correct.
Mr. O’Connor stated yes.
Mr. Raines stated the Town road plan would incorporate a substantial retaining wall that would become the Town’s liability. The Town’s would have to maintain it.
Mr. O’Connor stated we don’t have to approve it with a retaining wall that is a liability concern from the Town. It goes from bad to worse.
Mr. Raines stated from my respective as the Building Official, I am not in favor of a common drive. We can’t control what happens on existing common drives.
Mr. Griffin stated is it the Town’s responsibility to bail someone out of a bad real estate
investment. I’m not trying to be funny. Mr. Charlie Williams is under no obligation to accept the road. They could own the road even if it is built to Town standards.
Mr. Williams continued to discuss the above with the Town Board.
Mr. Griffin stated what is in it for us. Why would we want to do this.
Mrs. Nacerino stated that’s my question also. Why would we want to do this when we know we are setting ourselves up for potential problems.
Mr. Williams stated let me make myself clear I am neither for nor against this.
Mr. Kassay stated as a Town Board we are supposed to try and help the taxpayer’s that live in this Town. I know there were variances given for hardships. I don’t know if I am one hundred percent sure I would want to deny that owner the use of his property. In reference to the Town road, the Highway Superintendent would have to give a permit for that to take place. Did he have any input.
Mr. Williams stated no he did not.
Mrs. Nacerino stated it is not a hardship if it is self created.
Mr. Kassay stated but it is a hardship that he can’t use his property.
Mr. Griffin stated he can still get one house up there on a driveway he wants to build two houses. We are taking no action and I will work with the Town Planner on our opine.
Mr. O’Connor stated ok, we will send a response to the Planning Board that we are taking no action to grant the 280a.
RYDER FARM
Mr. O’Connor stated the
PATTERSON TOWN BOARD
That is not the purpose of the money. The purpose of the money was for water
quality projects. The second part is he
said it is not going to cost the local taxpayers one penny.
because those are real needs. MS4, stormwater run off and septic problems as it says in the first eight in communities that have small inappropriate lots where you can not put in working septic systems. We should do something about them; we are doing nothing about them. I told Mr. Tully I can’t speak for the Board but that when the request for our opinion is of this purchase comes through I will ask the Board to go with our previously letters that have been sent to the legislatures telling them to go back to the first eight and save some money. The day is coming when those needs for stormwater and septic are coming and we are going to have no money. When we get the request for our opinion as to whether we approve this or not we will say no. We can’t stop it but we will say it is not our opinion.
Mr. O’Connor made a motion when any action comes from the County requesting our approval to spend $325,000.00 on the development rights to protect the agricultural farm land by Peach Lake owned by the Ryder family that we will not give our approval.
Seconded by Mrs. Nacerino.
Mr. Griffin stated discussion. We have not gotten a formal notification yet
from the County that they are going to request watershed funds. They have asked me to write a letter of
support. I told them I will not write a
letter of support without the Town Board’s approval. I happen to think that acquiring the
development rights of the Ryder Farm may be a very good idea I don’t think that
is the appropriate funding to use for that purpose. If the County wants to get the money from
some other source that is fine. I would
support the acquisition of development rights.
The use of
Mr. Williams stated the only reason I encouraged Mr. O’Connor to make whatever decision he is going to make he should make that decision tonight. These objection letters usually come through rather quickly with a very short turn around.
Mr. O’Connor stated you’re right, I remember the last one the fifteen days were up the day after we received it.
All In Favor: Aye. Carried.
SEPTIC MAINTENANCE PROGRAM WATERSHED
Mr. O’Connor stated I received a letter stating they found
another few hundred thousand dollars for the Septic Maintenance Program. I told them that the program was totally
inappropriately set up. Instead of being
for general septic it was very specifically stated that it was used to protect
the reservoirs of the City of
PATTERSON TOWN BOARD
ERNEST KASSAY
Mr. Kassay stated I received letter from the Highway
Superintendent on
inspected and he said as soon as it got there he would take
care of it. He and his men did it on
TIME OFF REQUESTS
Mr. Kassay made a motion to approve five time-off requests; one dated July 29, 2008, two for August 28, 2008, one for September 3, 2008 and one for September 8, 2008.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
RESOLUTION HIGHWAY
Mr. Kassay stated I would like to thank Mr. Rich Williams for his help on getting the resolution and everything that had to be done. He was very helpful in all of this.
Mr. Kassay
introduction the following Resolution
for Highway Speed Reduction for
R-0908-07
WHEREAS, Harmony Road (CR-63) is a County owned and maintained road in the Town of Patterson which extends in a north-south direction from NYS Route 292 to the Dutchess County line, and
WHEREAS, the current speed limit on that portion of Harmony Road located in the Town of Patterson, Putnam County is not posted and therefore is 55 miles per hour, as per the statutory Statewide maximum established speed limit, and
WHEREAS, the Town Board of the Town of Patterson has received a report on the speed appropriate for said road prepared by William D. Fitzpatrick, P.E., P.T.O.E., and
WHEREAS, due to the characteristics of the road and other factors Mr. Fitzpatrick has recommended a reduction in the maximum speed limit permitted for Harmony Road from 55 miles per hour to 35 miles per hour, and
WHEREAS, the Town Board of the
Town of
WHEREAS, the Town Board of the
Town of
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson recommends to the Commissioner of Highways and Facilities for Putnam County and to the New York State Department of Transportation that the speed limit for the portion of Harmony Road (CR-63) located in the Town of Patterson, Putnam County be established as 35 miles per hour, and
PATTERSON TOWN BOARD
BE IT FURTHER RESOLVED, that the
Town Clerk be authorized to file the required TE 9 form with the Commissioner
of Highways and Facilities of Putnam County, requesting the New York State
Department of Transportation, pursuant to Section 1622.1 of the Vehicle and
Traffic Law, establish a lower maximum speed at which vehicles may proceed on
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
RESOLUTION HIGHWAY
Mr. Kassay
introduction the following Resolution
for Highway Speed Reduction for
R-0908-08
WHEREAS, Haviland Hollow Road (CR-68) is a Putnam County owned and maintained road in the Town of Patterson, which extends in an east-west direction from NYS Route 22, to the Connecticut State line, and
WHEREAS, the current speed limit on that portion of Haviland Hollow Road located in the Town of Patterson, Putnam County is not posted and therefore is 55 miles per hour, as per the statutory Statewide maximum established speed limit, and
WHEREAS, the Town Board of the Town of Patterson has received a report on the speed appropriate for said road prepared by William D. Fitzpatrick, P.E., P.T.O.E., and
WHEREAS, due to the characteristics of the road and other factors Mr. Fitzpatrick has recommended a reduction in the maximum speed limit permitted for that portion of Haviland Hollow Road which lies between NYS Route 22 and East Branch Road (CR-65) from 55 miles per hour to 35 miles per hour, and
WHEREAS, due to the characteristics of the road and other factors Mr. Fitzpatrick has recommended a reduction in the maximum speed limit permitted for that portion of Haviland Hollow Road which lies between East Branch Road (CR-65) and the Connecticut State line from 55 miles per hour to 45 miles per hour, and
WHEREAS, the Town Board of the
Town of
WHEREAS, the Town Board of the Town
of
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson recommends to the Commissioner of Highways and Facilities for Putnam County, and to the New York State Department of Transportation that the speed limit for the portion of Haviland Hollow Road (CR-68) located in the Town of Patterson, Putnam County which lies between NYS Route 22 and East Branch Road (CR-65) be reduced from 55 miles per hour to 35 miles per hour, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson recommends to the Commissioner of Highways and Facilities for Putnam County, and to the New York State Department of Transportation that the speed limit for the portion of Haviland Hollow Road (CR-68) located in the Town of Patterson, Putnam County which lies between East Branch Road (CR-65) and the Connecticut State line be reduced from 55 miles per hour to 45 miles per hour, and
BE IT FURTHER RESOLVED, that the Town Clerk be authorized to file the required TE 9 form with the Commissioner of Highways and Facilities of Putnam County,
PATTERSON TOWN BOARD
requesting the New York State
Department of Transportation, pursuant to Section 1622.1 of the Vehicle and
Traffic Law, establish the afore-mentioned lower maximum speeds at which
vehicles may proceed on
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Ms. Pat Ploeger stated what are the speed limits going to be.
Mr. Kassay stated Haviland
Hollow is presently 55 miles per hour.
From Route 22 to
Mr. Griffin stated provided the
State of
Mr. Kassay stated right.
Mr. Kassay
introduced the following Resolution for
Consent to
R-0908-09
WHEREAS, Fifty-Two Plaza Realty has offered for dedication to the Town an improved right of way known as “COUNTRY HILL ROAD” together with all associated drainage easements for dedication to the Town, and
WHEREAS, Craig T. Bumgarner, Esq., Special Counsel to the Town in this matter, has received all documents required to transfer title to the Town and has deemed said documents satisfactory, and
WHEREAS, the Town Highway Superintendent and Town Engineers have certified the road as ready for dedication, and
WHEREAS, the Town Highway
Superintendent has requested the consent of the Town Board in laying out the
highway known as ‘
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby consents to the request of the Town Superintendent of Highways of the Town of Patterson to make an order laying out the lands to be released for highway purposes in accordance with the provisions of the Highway Law and other statutes applicable thereto, and
BET IT FURTHER RESOLVED, that
the Town Board of the Town of
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mrs. Nacerino stated you did a great job.
RESOLUTION RELEASE OF PERFORMANCE BOND WHITE BIRCH REALTY
Mr. Kassay introduced the
following Resolution for the Release of
the Performance Bond for the White Birch Realty Site Plan:
R-0908-10
PATTERSON TOWN BOARD
WHEREAS, Christine Monteleone
own a parcel of land at
WHEREAS, the Planning Board of Town of Patterson had approved an Application for site plan approval from Christine Monteleone which required construction of various improvements on the lot, as shown on a site plan entitled White Birch Realty; and
WHEREAS, upon recommendation of the Planning Board, the Town Board established the cost of a bond, sufficient to cover construction and completion of the site improvements proposed by the site plan in the amount of $232,000.00, and
WHEREAS, the Planning Board at a meeting held on August 28, 2008 recommended to the Town Board that the performance bond for White Birch Realty be released, as the site improvements have now been completed, and
WHEREAS, the Town Board of the
Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby releases the performance bond for the White Birch Realty Site Plan, in the amount of $232,000.00, and
BE IT FURTHER RESOLVED, that the. Town Clerk is hereby authorized and directed to provide notice to the property owner and the issuer of the surety.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
PUTNAM
Mr. Kassay stated we all
received the letter from the Putnam Lake Fire Department from the Membership
Chairman, Mr. Peter Maycott informing the Board and the Town Clerk’s Office
that Mr. Edward Hussey, Old Route 22,
OTHER BUSINESS
Mr. O’Connor stated we received a letter from Ms. Evelyn Kellogg, President of the Putnam Lake Seniors and on behalf of them she would like to thank the Board for all the help we gave to the Seniors for them to have various good times and she would like us to keep them in mind when it’s time to do the budget again.
Mrs. Nacerino stated I would
like to remind everyone that Community Day is postponed until
Mr. Griffin stated we do need to put out the bids for sidewalk maintenance. I was going to ask Antoinette if she would be so kind as to give me a copy of last year’s specifications and bid documents. I think there are a couple of things that need to be revised and a couple of things that need to be added. Does anyone else want a copy for review.
All Board Members stated they would like a copy.
Ms. Dede Lefgren stated less than fifteen percent of
PATTERSON TOWN BOARD
given the responsibility to do that has morphed into more of
a private club and is not serving the whole community. It is in fact taking some rights away from
the community. If eighty-five percent of
the residents are not using the lake and are not joining the PLCC and are not
contributing financially to the lake management, I think that we have to find a
better way or at least research a better way.
The concerned citizens have made arrangements to have a community
meeting at the
PLCC property to Municipal
Corporation and I believe you were going to check with the Comptroller’s Office
to see if this would apply. At the
community meeting I would like to present the findings and I would also like to
ask the Board if you would support a
Mrs. Nacerino stated if the people speak and that is their wish we would be foolish not to support that. I think the voice of the people is what matters. I applaud you for seeking out to see whether or not they would be receptive to this. I don’t know if they would. As I expressed to you at the PLCC meeting, I don’t know ultimately if people want another tax add to their tax bill. I wouldn’t dare speculate at this time. The only way to find out is through your efforts.
Mr. Kassay stated what time is
the meeting at the
Ms. Lefgren stated
Ms. Herodes stated we did have a
meeting in May and developed a letter to the Comptroller’s Office asking for an
opinion on several points that Ms. Lefgren brought out as well as several other
points that Mr. Williams had. Maybe we
could do an Aquatic District just including the lake. There were about six or seven questions posed
to the Comptroller’s Office. That letter
was early June and we have not heard back from them on that letter. We have about six other letters that we
haven’t heard back from on as well. They
are extremely backed up and there is absolutely no way to move them on getting
you back an opinion. If you want your
answer back by your meeting that may not be the case. To bring everyone back up to speed, there is
a clause in the deeds that say if and when
Mrs. Nacerino stated if the
citizens of
Ms. Herodes stated I’m just saying an overwhelming majority might not be feasible
PATTERSON TOWN BOARD
unless other internal legal action is taken. Outside Counsel should be sought by both entities to discuss their rights and proceedings amongst each other.
Mr. Kassay stated you had mentioned some of the land is owned outright by the PLCC would they have to sell that land to the municipal corporation.
Ms. Herodes stated yes they would have to but they have a restriction in the deed that they can not sell, transfer or otherwise encumber…….
Mr. Griffin stated they would have to dissolve.
Mr. Joe Perone,
Ms. Herodes stated unfortunately
Sir, I’m sorry the Town Board isn’t responsible and this is the problem. This is a civil matter between the residents
of
Mr. Perone stated that is one of my assets the fact that I have lake rights. If I try to sell my property…..
Ms. Herodes stated you would have a civil action against the PLCC if they are not allowing you the access that you believed you were entitled to when you purchased your house.
Mr. Perone stated who clarifies this entitlement.
Ms. Herodes stated my point is that it is a civil action between you and the PLCC. It is not a Town Board matter. It’s not for the Town to go in and analyze any civil relationship.
Mr. Perone stated why was the PLCC given control of the land in the first place.
Ms. Herodes stated you would have to ask Mirror Holding Company.
Everyone speaking at once, unable to transcribe.
Mr. Jeff Body,
Mr. Griffin stated that is absolutely correct. All we’ve asked them to do was to come out on the site, review the issues and to give us a report of what their findings are. If we do ask them for financial assistance to do physical capital projects, then yes we would be obligated to provide public access.
Mr. Body stated the deeds state that the lake is for the owner’s for the property and the thirteen maps, I would imagine that is a legal issue.
Mr. Griffin stated that is
something the Attorney’s will have to look into. Were we really need help from the Army Corp
of Engineer’s isn’t actually the lake it is the stream to the lake. I have no problem giving everyone access to
the stream in
Ms. Pat Ploeger stated I worked as a Poll Inspector yesterday and my Republican counterpart said to me “how come the Town doesn’t televise its Board meetings, it
PATTERSON TOWN BOARD
would be so helpful for people
like us, elderly people especially who live quite a distance away who don’t
like driving at night or in the bad weather to know what is going on in our
Town. I gave them the reasons that I
heard here several months ago. I just
wanted to let you know that this was a request from a senior in
There being no further business, Mr. O’Connor made a motion
to adjourn the meeting at
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK