1142 ROUTE 311
MINUTES
PRESENT: MICHAEL
GERALD HERBST, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
ANTHONY MOLÉ, TOWN COUNSEL
ANTOINETTE KOPECK, TOWN CLERK
ABSENT: ERNEST KASSAY, COUNCILMAN
Supervisor
Salute to the Flag and Roll Call.
PRESENTATION – YOUTH RECREATION BOARD
Mrs. Nacerino stated good evening. Last year when I ran for public office one of the goals that I strove for was to implement a junior recreation board. The intent of the board was to have the youth in our community have a voice in some of the recreational programs and also to do things to enhance our community. I could not have realized that goal without these young people sitting before me this evening and I thank you. Our board meets once a month and we go over programs with Sandy Coe, our recreation director, and also plan events. One of the events that we had last spring was a car wash for the Lagan family. Jack Lagan is a 4 year old Patterson boy suffering from a debilitating disease. We donated all proceeds to his family to try to offset medical expenses. This past November, we participated in the Thanksgiving drive in conjunction with Putnam CAP. We collected almost five baskets full of food for the needy and yesterday I received a letter from the director of CAP as follows:
Dear Mrs. Nacerino and youth organization members. On behalf of the Putnam County Action Program, I would like to extend a heartfelt thank you for your recent volunteer effort. The food drive you organized for the benefit of the organization greatly assisted in the success of this year’s Thanksgiving program. Putnam CAP distributed Thanksgiving baskets to 358 low income individuals and families. Without the support of the community members such as you, Putnam CAP would be unable to serve those in need. Thank you again for your generosity and collaboration. It was greatly appreciated. From all of us at CAP, we wish you a happy and healthy holiday.
These children also participated in the Christmas fair and spend many hours at the recreation center helping out in anything and everything that they can do. They have learned at a young age to give of themselves and the reward of helping others. They have dedicated their hearts and their time to this community and are certainly deserving of this recognition this evening. Thank you and when I call your name please come up to receive your certificate and to also meet the Supervisor and rest of the Town Board.
Kevin Brill, Ryan Brown, Alex Guerci, Eddie Martin, Shannon Martinez, Matthew Puglisi, Christopher Ravo, Scott Smith, Christina Snell, Britney Snell.
Thank you very much. You have really enhanced our community and I am very grateful to you for helping me and I look forward to working with you again in 2007.
Mr. Griffin stated without objection I would ask the Clerk to file the reports as read.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Patterson Fire Department – None
Code Compliance Officer – February through October
Code Enforcement Officer – August, September, October
Dog Control Officer – October, November
E.C.I. Officer – October, November
MINUTES
Mr. Griffin made a motion to approve the following minutes:
Public Hearing – Alternate Board Members – September 27, 2006
Bid Opening – Winter Sidewalk Maintenance –
Public Hearing – Burning Permits and Outdoor Fireplaces –
Bid Opening – Standby Generator and Automatic Transfer
Switch –
Bid Opening – Cornwall Hill Ballfield –
Public Hearing – Adopting Map Plan and Report to Establish a
Drainage District in the Town of Patterson –
Town Board Meeting –
Public Hearing – Preliminary Budget – November 1, 2006
Town Board Meeting –
Town Board Meeting –
Town Board Special Meeting –
Seconded by Mr. Herbst. All In Favor: aye. Carried.
AUDIT OF BILLS
Mr. Herbst made a motion to approve the following bills chargeable to 2006:
General Fund $129,313.54, Highway Fund-Item 1 General Repairs $17,190.69, Highway Fund-Item 3 Machinery $15,384.84, Highway Fund-Item 4 Brush and Weeds $1,013.98, Highway Fund-Item 4 Snow $17,218.41, Patterson Light District $16.06, Putnam Lake Refuse District # 1 $45,766.00, Patterson Refuse District # 2 $27,695.66, Patterson Park District $3,667.12, Alpine Water District $1,954.87, Dorset Hollow Water District $1,935.40, Fox Run Water District $4,776.07, Front Street Sewer $440.00, Capital Fund $532,961.78.
Total Abstract $799,334.42
Seconded by Mr. O’Connor. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
APPRAISAL –
Mr. O’Connor stated as you all know, we are looking to purchase property for our justice court as well as sell the current building to the library. There are residences behind the Town Hall building that we need an appraisal on along with the justice court building. We received a submission from New York State Appraisal, Inc. to do a complete appraisal of the residential property in the rear for $400.00 and an appraisal of the commercial property which is the library building for $1,350.00. We need to move quickly on this matter.
Mr. O’Connor made a motion to approve New York State Appraisal Inc.’s proposal for a complete appraisal and a summary appraisal in an amount not to exceed $1,750.00 and to authorize the Supervisor to execute and sign all necessary documents.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
MEADOWBROOK FARM BOND – RE: ESTABLISHMENT
Mr. O’Connor introduced the following Resolution for Establishment of a Performance Bond for the Meadowbrook Farms Subdivision
R1206-01
WHEREAS, JGZ Resources Inc. is the owner of the Meadowbrook Farms Subdivision, and
WHEREAS, the Town of
WHEREAS, based on the work completed for the subdivision, and the cost of completing said work, and the cost of completing the remain work for the subdivision improvements, JGZ Resources, Inc. has applied for, and received one or more reductions in the bond amount, and
WHEREAS, the last reduction to the bond occurring in 1995 reduced said bond to $62,000.00, and
WHEREAS, eleven years has past in which no additional work has been completed, and where the existing improvements have deteriorated such that addition expenses will be incurred to finish the subdivision improvements, and
WHEREAS the Town engineer has estimated the present cost for completing the improvements for Phase I of the Meadowbrook Farms Subdivision to be $272,000.00.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby establishes the amount of the performance bond sufficient to cover the current cost of construction and completion of the site improvements proposed for Phase I of the Meadowbrook Farms Subdivision pursuant to the Town Code of the Town of Patterson as $272,000.00, and
BE IT FURTHER RESOLVED, that the bond posted for the project be subject to prior approval by the Town Attorneys, CURTISS, LEIBELL & SHILLING, P.C., as to sufficiency and form.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
ORATOR WOODWARD PROPERTY – REZONING
Mr. O’Connor stated we received a request from the Orator Woodward property to be rezoned. They would like to have their property changed from commercial to residential, claiming they have had no one interested in buying the property as commercial. They have a conceptual plan for turning the property into what they would consider “mini horse farms”. We received a memo from the Town Planner.
Mr. Griffin stated I spoke to Mr. Woodward on the telephone. I told him I would email him a copy of the comments as well as our discussion tonight and we will keep him apprised of the situation.
VACATION AND PERSONAL DAY REQUESTS
Mr. O’Connor made a motion to approve the five requests for vacation days as written.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
ZONING CHANGES
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. O’Connor stated we made zoning code changes recently. Because of the timing as to which the Town received replies from the Putnam County Planning Department on the proposed amendments, which was favorable, we were told that we have to reconsider it for procedural reasons.
Mr. O’Connor made a motion to re-approve the Resolution of Adoption Local Law 10 of 2006 concerning zoning changes.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
ERNEST KASSAY – ABSENT
GINNY NACERINO
BUDGET TRANSFER – HIGHWAY
Mrs. Nacerino made a motion to approve the budget transfer request from Charlie Williams for a laptop computer to be used by the mechanics in the amount of $1,300.00.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
Mrs. Nacerino made a motion to approve the budget transfer request to allow payment of Abstract 22 from the Putnam County National Bank money market account in the amount of $293,103.98, Mahopac National Bank money market account in the amount of $506,230.44 to the Putnam County National Bank clearing account $799,334.42.
Seconded by Mr. O’Connor. Roll Call Vote: Mr. Herbst; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
Mrs. Nacerino stated this funding is to cover bills for the wastewater treatment plant.
MISTY HILLS CONDOMINIUM – TAX CERTIORARI
Mrs. Nacerino introduced the following Resolution for Misty Hills Condominium Tax Certiorari
R1206-02
WHEREAS, a tax certiorari proceeding was brought on behalf of Misty Hills Condominium for the 2001, 2002, 2003, 2004, 2005 and 2006 tax years, regarding property located at 101-708 Misty Hills Lane and designated as Tax Map Nos. 33.-2-1, Lots 101-708, in the Town of Patterson, Putnam County, New York, and
WHEREAS, the parties have agreed to settle the tax certiorari proceedings in accordance with the Consent Judgment prepared by Gellert & Rodner, the attorneys for Misty Hills Condominium, and
WHEREAS, the Town Board of the Town of Patterson has consulted with the tax assessor of the Town of Patterson and the Town Attorneys in the settlement of this matter, and
WHEREAS, the Town Board of the Town of Patterson wishes to authorize the Town Attorneys, Curtiss, Leibell & Shilling, P.C., to sign said Consent Judgment on behalf of the Town of Paterson, a copy of which is attached hereto, and
WHEREAS, the Town Board of the Town of Patterson further wishes to authorize the Supervisor to seek financing, if necessary, to pay the judgment after entry, at an interest rate not to exceed SEVEN (7%) percent;
PATTERSON TOWN BOARD
TOWN BOARD MEETING
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Town Attorneys, Curtiss, Leibell & Shilling, P.C., to sign said Consent Judgment on behalf of the Town of Patterson, a copy of which is attached hereto, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to seek financing, if necessary, to pay the judgment obtained by Petitioner at an interest rate not to exceed SEVEN (7%) percent.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
SCANNING PROJECT – TEMPORARY HELP
Mrs. Nacerino made a motion to hire temporary help for the scanning project as per the comptroller’s request.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
THE HUNGER PROJECT
Mrs. Nacerino stated I attended a meeting on Monday,
December 11th with Senator Leibell and Mr. Michael Piazza, Director
of Social Services, Rosemary Girard, Director of Putnam County CAP and many
other representatives from the County. I
represented Mr. O’Connor at this meeting.
The meeting was of special interest to me. There was a coalition to address the need of
hunger in
Mr. O’Connor stated the churches are very good on this. They do a lot of baskets, however they would be only too happy to find a space where people could go and pick up food on a regular basis. The goal would be to have a designated place available one day of the week and another place to be available on another day of the week. There should be a place where people could go to every day to get food.
BOARD OF ELECTIONS LETTER
Mrs. Nacerino stated we received a letter from the Board of
Elections Commissioner Robert Bennett and Commissioner Anthony Scannapieco
requesting the Town of
Mrs. Nacerino made a motion to approve the request made by the Board of Elections.
Seconded by Mr. Herbst.
Mr. O’Connor stated so we would have two polling places in the Town.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated yes.
All In Favor: aye. Carried.
ABOLISH POSITION OF ACCOUNT CLERK
Mrs. Nacerino introduced the following Resolution for Abolish Position of Account Clerk
R1206-03
WHEREAS, there exists the position of Account Clerk in the
Town of
WHEREAS, the Town Board of the Town of
WHEREAS, pursuant to the establishment of the position of Town Comptroller, the Town Comptroller shall perform the duties of a Town Comptroller, which include, in part, duties that were previously performed by the Account Clerk, and
WHEREAS, there has been no budget line establish in the budget for the year 2007 for the position of Account Clerk, and
WHEREAS, there is no further need for the position of
Account Clerk in the Town of
WHEREAS, the Town Board of the Town of
NOW THEREFORE BE IT RESOLVED, that the Town Board of the
Town of
Seconded by Mr. Herbst. All In Favor: aye. Carried.
MICHAEL
BURDICK FARMS BARN – FOLLOW-UP
Mr. Kursh stated I have had four barn specialists look at the project. As of yet, I have not received an estimate from any of them. They did ask a lot of questions; however I couldn’t answer their questions. I haven’t committed to anyone as of yet and at this point I don’t know who is going to do the job or if the job is going to be done by me. I would like to present this contract for your consideration and I would like to present these questions. I don’t expect answers tonight and I would like to email you the questions so you could read them. The questions are as follows:
1. Would the Town assume responsibility for the asbestos that is in the barn.
Mr. Griffin stated absolutely not.
2. Is a permit for that required.
Mr. Griffin stated any time you are going to do any
demolition or that type of work, the Department of Labor for the State of
3. I don’t know whether burn permits are available or whether this could be done by the Fire Department. There is going to be a lot of waste wood left after the barn is taken down…
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated you will be responsible for all of the wood one way or the other. There is not going to be any wood left over. Did you receive a response from the Fire Chief.
Mr. Kursh stated no, I did not.
Mr. Griffin stated I will ask my secretary to call Mr. Frank Smith to see if he would be interested in doing a controlled burn there.
4. Will the Town assume any of the dump fees or dumpster charges if I have to haul things out.
Mr. Griffin stated this free barn is getting pretty expensive for us.
Mr. Kursh stated what may stay and what has to be removed. I know the concrete could stay. The foundation of the barn is steel posts embedded in concrete. Would I be required to remove those.
Mr. Griffin stated I’m not sure that you would be required to remove any of that but that is a question I will discuss with the Building Inspector and the Town Engineer as to what their position is on that.
Mr. Kursh stated I would like to find out what could stay. The steel posts in the concrete, the concrete silo pieces. I’m not interested in the silo.
Mr. Griffin stated how could you have a barn without a silo.
Mr. Kursh stated the silo is concrete and the concrete could stay.
Mr. Griffin stated that’s correct, but the concrete has to be on the ground.
Mr. Kursh stated concrete on the ground with the steel hoops removed.
Mr. Griffin stated correct. That’s probably the only way you could get it on the ground.
Mr. Kursh stated where is the dump and what’s the distance.
Mr. Herbst stated we don’t have a dump, we have a recycling center.
Mr. Griffin stated you can’t take the concrete or much of anything there. You would probably be better served by getting a local contractor to provide you with dumpsters.
Mr. Kursh stated one of the specialists feels it might be necessary to bring some fill in to smooth out the base where a boon truck would have to go. Would the Town cover that since it’s going to be a road bed.
Mr. Griffin stated many years from now, we suspect. That would be a question I would have to ask the Highway Superintendent.
Mr. Kursh stated I would like to find out the specific area to which I am restricted on the site.
Mr. Griffin stated the Town Planner could provide you with guidance on that issue and also Henry Burdick, Jr.
Discussion ensued with Mr. Kursh and Mr. Condito’s attorney regarding what portions of land could be used i.e., agreement with Mr. Condito.
Mr. Kursh stated what condition does the site have to be in after I’m gone and can the Town provide any equipment, if necessary i.e., a backhoe, etc.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated again, that would be the Highway Superintendent’s call. The Town was trying to stay out of this.
Mr. Kursh stated I’m hoping to have specific estimates by early to mid week next week and at the next Town Board meeting I should be able to say thanks or no thanks.
EFC – AMENDMENT AGREEMENT
Mr. Griffin introduced the following Resolution for Consolidation Agreement Between the Town of Patterson
and the Environmental Facilities Corporation
R1206-04
WHEREAS, the Town Board of the Town of Patterson desires to construct a wastewater treatment plant and collection system, hereinafter know 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, and
WHEREAS, the Town Board has entered into an Intermunicipal Agreement with the New York City Department of Environmental Protection Agency to fund a portion of the project in the amount of $3,099,320.00 in conjunction with the Wastewater Treatment Plant Upgrade Program, and
WHEREAS, the Intermunicipal Agreement requires that the Town of Patterson assume the individual Wastewater Treatment Plant Upgrade Contracts between the Environmental Facilities Corporation and the Patterson Village Condominiums and the Cornwall Meadows Townhouses in order to provide for reimbursement of costs associated with the project, 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 Consolidated Upgrade Agreement with the Environmental Facilities Corporation for the Hamlet Sanitary Sewer System in the form attached hereto, subject to such minor modifications as may be made by the Town Attorney, and
FURTHER BE IT RESOLVED THAT the Town Board of the Town of
Seconded by Mr. Herbst. All In Favor: aye. Carried.
BEAR HILL SUBDIVISION – STATUS OF ROAD
Mr. Molé stated I spoke with Thomas Liguori from Hogan and Rossi today regarding this matter and he was going to provide us with research and his position on this. We are still waiting for this.
Mr. Griffin stated so we are waiting for additional research from Hogan and Rossi.
Mr. Molé stated correct.
MATERIAL TESTING FOR WASTEWATER TREATMENT PLANT
Mr. Griffin stated we received correspondence from Sterns and Wheler regarding the wastewater treatment plant for testing of concrete, subsoils, etc. We have received proposals from three companies. Sterns and Wheler has reviewed them and are recommending Fairway Testing.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin made a motion to approve Sterns and Wheler’s recommendation for Fairway Testing to do the Patterson wastewater treatment plant concrete and soil testing.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
AGRICULTURAL DISTRICTS – REVIEW
Mr. Griffin stated
Mr. Barnett stated I am particularly interested in the Haviland Hollow Farm property. My concern is this property contains very important wetland areas. The parcel is approximately 128 acres and between 75 to 90 acres of that is wetland. The wetland includes wet meadows, which are the most vulnerable of the wetlands because they are the most easily disturbed and degraded. The wetland serves tremendous function for the watershed and I am concerned that by converting it by recommending that it become part of the agricultural district that it would be out of regulation. There would be less regulation in terms of the wetland compliance. Part of this is couched in the history. The previous owner has degraded that wetland so significantly by cutting; removing a wide band of trees from the field, from the meadow down to the river. He then dug out the drainage ditch to make a canal that could be canoed on. It has drained the wetland so much that it is now close to being upland because of this drainage and it has reduced the amount of flood detention, water storage because the organic material is declined out of it as being oxidized. The ability to process nutrients has been strictly compromised and reduced. The ability to pull out other pollutants has been reduced and it drains so fast that it doesn’t have opportunity to process a lot of these because of this drainage ditch. What we have left is a shadow of what it used to be and if we put it in a situation where there is less restriction and necessity of complying with regulations, then we’re asking for more trouble. We have a new owner who has already shown disregard for the wetland and is in there digging, essentially mining the sand out of it without a permit. If we do anything that ends up taking away from the regulatory capability – I’m not saying they shouldn’t be allowed to do what makes sense, I’m saying they should not be allowed to do what makes sense without these regulations they would be able to bypass, but I do know that they will have much less restriction and much more flexibility in meeting these regulations by being in the agricultural district and by being considered farm. I understand that anything that has horses has to be considered a farm but something like a private polo club doesn’t really strike me as being agriculture. I would ask that you think seriously before you authorize having this application go to the County for inclusion in the agricultural district.
Ms. Edie Keasbey stated is the Town Board going to send a letter of recommendation or not.
Mr. Griffin stated we have no standing in this other than to say we don’t think it’s a good idea or we’re ok with it. The County is under no obligation to follow our recommendations in any way. You should be aware that in the past, our recommendations have carried very little weight with the County.
Ms. Keasbey stated we have no agriculture exemption in our wetlands ordinance. Does the County agricultural district supersede that and which wetland laws do they respect. I understand it’s not a blanket and there are some wetland regulations that they have to go by.
Mr. Williams stated our wetlands law does not exempt agricultural activities. DEC regulations do exempt agricultural activities except for filling or substantial modification of the wetlands. Ours do not. There are clear rulings by the commissioner of agricultural…
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Ms. Keasbey stated up in
Mr. Williams stated yes.
Any wetlands law enacted by a local municipality unduly restricts
farming. It would also be subject to
overturning by the commissioner of agriculture.
If we decide to enforce our wetlands law against any individual who is
conducting legitimate farm practice, we are going to be on very shaky
ground. We would have a very hard burden
to prove that we are protecting the health and safety. We do have somewhat less of a burden because we
are
Ms. Keasbey stated does the State’s agriculture and markets supersede the County in any way.
Mr. Griffin stated as far as I know, the County’s agricultural district is based on State law. That would subject it to the commissioner’s determinations and decisions should the Town feel the need to challenge or a private organization or someone who feels the need to challenge.
Ms. Keasbey stated how long have you had any engineering drawings. I’ve only seen an artistic sketch.
Mr. Williams stated I have engineering drawings, but at this point I had a meeting this week with the contractor, the engineer and the attorney for the project and they decided that they aren’t going in that direction any more. They are going in an entirely different direction so the engineering plans I have aren’t valid for what they are proposing to do at this point. I’ve had the engineered drawings for approximately 6-8 weeks; however I do not have an application pending for anything at this point.
Ms. Keasbey stated and nothing for site plan review.
Mr. Williams stated I received a letter from a representative of the property owner and this is going to be a private farm. It is not going to be a commercial horse boarding operation. Under our code, a private farm is an allowed use within that district without site plan approval, without a special use permit.
Ms. Keasbey stated how much on the tax certiorari on Misty Hill. Did they ask for a lowering of their tax.
Mr. Molé stated they received a reduction in the assessed value.
Ms. Keasbey stated how much.
Mr. Molé stated assessment year 2001 assessed valuation was not reduced at all; 2002 was not reduced at all; 2003 was reduced from $7,468,753.00 to $6,550,000.00; 2004 was reduced from $7,468,753.00 to $6,750,000.00; 2005 was reduced from $7,468,753.00 to $6,900,000.00; 2006 was reduced from $12,776,100.00 to $7,200,000.00.
Ms. Keasbey stated why.
Mr. Griffin stated that’s what the judge agreed to.
Mr. Griffin stated in terms of agricultural districts – you can have a piece of property and you can take parts and pieces of it for agricultural consideration and not all of it. Is this correct.
Mr. Williams stated I believe that is incorrect. A parcel is in its entirety or it’s out in its entirety.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated so there is no possible way to say these areas are not going to be used for agricultural pursuits.
Mr. Williams stated there’s no legal mechanism to define just
those areas. You can create an
agricultural district that includes only portions of the property, but that’s
not the way
Mr. Griffin stated if you had a 20 acre piece and you were running a bee keeping operation on ¼ of an acre then you could have the whole parcel exempt even though you are using only one very small portion of the acreage.
Mr. Williams stated yes, but it’s only the legitimate farm practices which enjoy that reduced standard of review under our zoning code.
Mr. Molé stated it’s not a complete exemption. The rules can’t unreasonably interfere with the agricultural use. In the other 20 acres, if they are looking for an exemption there and those acres are not used whatsoever for the agricultural purpose, they’re hard pressed to show that the regulations don’t apply to that area.
Mr. Griffin stated but it’s always an uphill battle for the Town.
Mr. Williams stated the commissioner of agriculture is very generous in what he terms farm activities.
Mr. O’Connor stated is there a definition of private farm.
Mr. Williams stated our code permits, in the zoning code, somebody to have either a large or small farm which are defined within our code.
Mr. O’Connor stated does the polo field seem to…
Mr. Williams stated I would say it’s a quasi farming activity. I’m still a little bit fuzzy on whether a polo club is a recreation activity or a farming activity.
Mr. Griffin stated he is proposing more out there. He is going to have an indoor riding rink, stables; he’s going to fall into a lot of the same categories that a lot of the other horse farms (inaudible) by the County currently enjoy an agricultural exemption.
Mr. Williams stated maybe, maybe not. The agricultural exemption is only for commercial horse boarding operations. If he is boarding other people’s horses there then yes, he would.
Mr. Griffin stated then he would need a site plan.
Mr. Williams stated not if he is in the agricultural district.
Mr. Griffin stated right. Which is first, the chicken or the egg.
Mr. Williams stated right but if he’s just boarding his private horses or he’s boarding a few friends’ horses for no charge, then he’s just a private farm.
Mr. Griffin stated what you are telling us is he’s all in or he’s all out.
Mrs. Nacerino stated when these properties come under review to the Physical Services Committee of the County, what are the criteria in which they review these properties.
Mr. Williams stated I don’t know what their criteria are.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mrs. Nacerino stated how do they make the determination.
Mr. Williams stated I don’t know. I’ve never had any communications with them.
Mrs. Nacerino stated if our input is not recognized or we have very little power as far as our recommendations, what are they basing their decisions on.
Mr. Williams stated I can’t answer that. The former head of the farm board, and I had a conversation about what his criteria was, standard was very low.
Mrs. Nacerino stated I would like to ask Mrs. Morini that same question. I would like to know if we have these pre-proposed properties for submission, what they would base their determination upon.
Mr. Molé stated what you’re trying to say is you could tailor your recommendation addressing those particular criteria.
Mrs. Nacerino stated the chairman of the Physical Services Committee is writing us a letter requesting inclusion for the Putnam County Agricultural District for these three parcels, I’d like to know what they are going to base their decision upon. What are their criteria for making that determination. I think this is a very important factor.
Mr. Griffin stated they asked.
Mrs. Nacerino stated whom did they ask.
Mr. Williams stated the process, as I understand it, is in the month of November anybody can petition to be put in the agricultural district.
Mrs. Nacerino stated that is not my question.
Mr. Williams stated I understand that. Then it goes to the County for review; they refer it to the Town; there is public notice that has to be advertised in the newspaper, but the initial step is the property owner asking to be put in the district; it doesn’t matter whether it qualifies or not. I don’t know what the Physical Services Committee…
Mrs. Nacerino stated these have significant ramifications and they should be scrutinized. I would like to know if the County is making that determination for this Town and if so what they are basing their decision upon. This is very important.
Mr. Williams stated how do you want to do that.
Board members and Mr. Williams talking at once, unable to transcribe.
Mr. O’Connor stated they should have an objective list of criteria that someone other than themselves could look at to see if it is met. Certainly we could request that list and if they don’t have one then we can ask them how they are making decisions.
Mrs. Nacerino stated and if they do, this Board should be apprised of what that is and should be knowledgeable as to how they make their judgment.
Mr. Griffin stated what I have asked the Town Planner to do in the past is to evaluate these properties based on the criteria and state law. If the County uses something different than the definition of agriculture and the guidelines in state law, Agriculture and Markets law, then that is a very valid question and you should get an answer. As far as I understand, they are going to make a determination on this sometime this month.
Mr. Williams stated I don’t know if there are any criteria for what does and doesn’t belong in an agricultural district, even within the state law. There are some general
PATTERSON TOWN BOARD
TOWN BOARD MEETING
guidelines about what farming is. When I did the review for the Board, I looked at the soils, the productivity of the soils, whether it is prime agricultural land or not, the past history and the current use. I look at the slopes, the environmental constraints on the property and whether it makes sense that farming could be developed on the property in the future. Based on that, I put my findings in a summary in a memo and give the Board my recommendation. We are looking as comprehensively as we can as to whether or not this is appropriate and that gets sent to the County. Even if they haven’t considered those factors at least they have them. You might want to consider looking at the memo I did and see if there is anything I missed or any additional information that we could develop to help the County in their deliberations on this matter.
Mrs. Nacerino stated hopefully they will be taking your comments and concerns into consideration in making their decision. We need to know that for sure. This is a significant matter, especially if – is the polo facility considered a farm, is it not; this is up for interpretation and opinion so we would like to know what they would base their opinion or recommendation on.
Mr. Griffin stated would you like to amend the recommendation for the County because as I read this recommendation it’s certainly not what I would call stellar. It states based on prior use and traditional farming that has occurred on the site, the proposed use for polo and horse riding, etc. which represents a quasi-agricultural use, this parcel appears to qualify as an agricultural use which would qualify for inclusion in the agricultural district.
Mrs. Nacerino stated I think those words are vague.
Mr. Griffin stated it is not an overwhelming endorsement. However, it is an endorsement. The recommendation isn’t saying whether or not we support it. It says it appears to qualify. Does the Board want to add language to that saying that because of the environmental constraints on the property – do you want to hold off on making that particular parcel recommendation because the other two clearly do not have any potential for agricultural use.
Mr. Williams stated if you hold off, they may go ahead and do it anyway.
Mr. Griffin stated they are going to do it anyway.
Mr. Williams stated at least we’ll be on record.
Mr. Griffin stated do you want to go on record saying that it appears to qualify as an agricultural use as a Board or do you want to take a different position and if you want information as to how and what they base their determinations and decisions on before we make a recommendation, we should specify that we want further information from them (the County). How do you want to handle this. This is a very timely issue and if we don’t respond, they are just going to assume that we are ok with this.
Mr. Herbst stated why can’t we respond by saying we need more information on how they come up with their decisions and we would appreciate them holding off on making a decision on this until we have a chance to look over what they send us.
Mr. O’Connor stated the uniqueness of a polo club being a
farm – is
Ms. Keasbey stated Rich, did you mention in your discussion about the ditch and what the previous owner did and that they were fined by DEC.
Mr. Williams stated no.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Ms. Keasbey stated why not.
Mr. Williams stated it was a big violation absolutely, but it was not this present owner and I felt that would be prejudicial to include the fact that the previous owner did a substantial disturbance to a class-one wetland. It had nothing to do with this owner. This owner inherited the property as-is.
Ms. Keasbey stated however, the ditch is still there and it’s still affecting the property.
Mr. Williams stated nobody has ever made him close the ditch up. DEC, through their enforcement action, never asked him to remediate the wetland disturbance any more than he did.
Ms. Keasbey stated did you speak with soil and water and did they have any input on the agricultural district.
Mr. Williams stated no I didn’t speak with them and I have no idea if they have any input.
Ms. Keasbey stated has the Physical Services Committee already met and made a recommendation and will they go before the County at their monthly meeting and what is the timing and could we go and speak.
Mrs. Nacerino stated that is what we need to ascertain. I don’t know when they will meet next. This letter is dated December 4th so I don’t know when the next Physical Service meeting is. I’m assuming it would probably be in January. I would like to contact Mrs. Regina Morini. We would be remiss if we did not follow through on this.
Discussion ensued with the Board and Mr. Williams regarding quasi-agricultural use, definition of agricultural district, etc.
Mr. Barnett stated if they were to put a conservation easement on the wetlands along with a 100 ft. buffer so that it was clear that they were not going to be able to do things that would damage the wetland again, I would see that as an honest effort to make the move to do something good and it’s something that might be worthwhile.
YOUTH FUNDING RESOLUTION
Mr. Griffin introduced the following Resolution for Youth Funding 2007
R1206-05
WHEREAS, the Putnam County Youth Bureau oversees the distribution of various grants provided through the New York State Office of Children and Family Services, and
WHEREAS, the Town of
WHEREAS, one of the grants is in the amount of $3,005.00 and is to assist in the funding of job training for local youths for the year 2007, and
WHEREAS, the second grant is in the amount of $3,370.00 and will be used to offset the cost of Community Day for the year 2007, and
WHEREAS, both of the grants require that the Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the youth grants offered through the Putnam County Youth Bureau and
PATTERSON TOWN BOARD
TOWN BOARD MEETING
agrees to allocate the matching funds, required as a condition of the grant application.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
DOT PUBLIC HEARING – ROUTE 22
Mr. Griffin stated New York State Department of
Transportation has scheduled a public hearing.
I have been invited to a meeting on December 20th to discuss
this. There will be another discussion
relative to the Route 22 widening. It
will be
EXECUTIVE SESSION
Deferred until end of meeting.
GERALD HERBST
PARK ADVISORY BOARD
Mr. John Taylor, Chairman, Park Advisory Board, stated Dave Raines and I inspected the caretaker’s house and I am awaiting Mr. Raines’s written report before we take action on the repairs that have to be done there. We had a water main break at the water supply system and we lost 23,000 gallons of water. This has now been repaired.
Mr. Taylor continued, stating in the spring, I was surveying and hiking the property on the top of the ridge where I found three hunter stands on park district property and Town property. I cut them down with a knife because they were only tied up to trees with ropes. When I turned around, I confronted two hunters in their orange regalia on the Town’s property. I informed them that they were on Town property and they were not allowed to hunt on the property and I walked away at which point there was a discharge of a weapon from one of the hunters. I don’t know if they were shooting at me, trying to scare me or whether they found game that they were adamantly anxious to kill and eat. The park advisory board has requested no hunting signs be put around the perimeter of the property. If you recall, the Boy Scouts built a hiking trail there and it is being used by many people in the district including young children with their mothers and this is a safety concern. The park advisory board feels that the perimeter that should be posted with no hunting signs is actually Town property and they are asking the Town Board to decide who is going to pay for the signs.
Mr. O’Connor stated it is imperative that we put up no hunting signs there.
Mr. Taylor stated I did put up signs that were purchased by Mr. Herbst at Dill’s. Those signs have been taken down and were slashed considerably so we need something more permanent.
Mr. Herbst stated are you suggesting a metal or wooden sign.
Mr. Taylor stated I called the County sign department three times asking them to return with a specific price per item and so far they haven’t done it, but we really should get something up there.
Mr. Herbst stated what size sign are you looking for.
Mr. Taylor stated the same size as a no parking sign.
Mr. O’Connor stated the DEP has thousands of signs that they put in the woods for their property and they are all metal and they seem to last.
Mr. Herbst stated after tomorrow I will go with you to the County sign shop and talk to
PATTERSON TOWN BOARD
TOWN BOARD MEETING
them and get prices from them.
Discussion ensued regarding the type of sign, how far apart they should be, requirements, involved, etc.
Ms. Bookless will look into the pricing and get back to the Board.
RECREATION CENTER REQUEST
Mr. Herbst stated did the Board receive the memo from Sandy Coe, Recreation Director, requesting a change to the conference room table.
Mr. O’Connor stated with the big table in the middle of the room, it has limited usage. It is such a large table and it doesn’t seem to fit the space and it doesn’t have a lot of applications.
Mr. Herbst stated
Mr. Herbst made a motion to table this item until the next Town Board meeting.
LOCAL LAW AMENDMENT – DOGS
Mr. Herbst stated right now our code requires that a homeowner is only allowed three dogs. Most people don’t have that many dogs; however there are cases where people do have more than three dogs, one being a service type dog. We would have to amend the code to allow people like that to keep those dogs i.e., guiding eyes dogs and hearing impaired dogs.
Mr. Griffin stated are you proposing to exempt service dogs.
Mr. Herbst stated one service dog. If you have three dogs as our code allows, you could have one more that wouldn’t count because it would be a service dog.
Mr. Molé stated the proposed language is worded such that you could have a maximum of four dogs if at least one of those dogs is a service dog.
Mr. O’Connor stated so the wording would stay the same; you could have three dogs and a total of ten animals, but one service dog shall not be counted toward the total.
Mr. Molé stated and that they would have to be pursuant to the definition of service dog, therapy dog under agricultural and markets law.
Mr. Herbst made a motion
to authorize the Town Clerk to advertise for a public hearing on Local Law No.
11 for
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
FUND TRANSFER – CELEBRATION
Mr. Herbst made a motion to authorize the comptroller to transfer $1,000.00 to the Celebration Fund as she requested.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
2007 MEETING SCHEDULE
Mr. Herbst made a motion to accept the meeting schedule as written.
Seconded by Mrs. Nacerino.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated there are two meetings in particular that you might want to think about. The public hearing for the preliminary budget is scheduled for November 7th. The Town is obligated to adopt a budget by November 20th. In 2007, November 20th is a Tuesday so if we are going to maintain our Wednesday meeting schedule, the Wednesday prior to the 20th would be the 14th so that means we are going to have two meetings back to back unless you want to consider moving the public hearing to an October date or do the budget adoption and change the meeting to November 20th for the final budget adoption.
Mrs. Nacerino stated it would be easier to just change the date to Tuesday, November 20th.
All Board members were in agreement.
Mr. Griffin stated so then we will keep November 7th for the public hearing and we’ll change the meeting date to Tuesday, November 20th for final budget adoption.
All In Favor: aye. Carried.
PLANNER REQUEST – RAID DRIVES FOR SERVER
Mr. Herbst made a motion to authorize the Town Planner to update the Town Hall server in an amount not to exceed $1,000.00.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
APPOINT PLANNING BOARD CHAIRMAN
Mr. Herbst made a motion to appoint Shawn Rogan as Chairman to the Planning Board.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
HARVEY BARNES – REQUEST
Mr. Herbst made a motion
to set the public hearing for Harvey Barnes request for
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
OTHER BUSINESS
Mr. Griffin stated counselor, in reading some of the information from the Association of Towns, we have an obligation to pass, adopt and include in our code violence in the workplace.
Mr. Molé stated is there a date by which this has to be adopted.
Mr. Griffin stated in April I believe, but we should get going on this. Also, Mr. Curtiss sent a memo stating that the Town has to provide a stenographer to the courts for all times.
Mr. Molé stated that was a policy that was put in place by the chief administrator of the courts. I didn’t know it was put in place yet. I know it is being discussed. If it was put in place, then yes that is the case.
Mr. Griffin stated would you find out for us because this is a huge expense to the Town if we have to have a stenographer at every single court date.
Mr. Molé stated I don’t know if it is a stenographer or some type of recording device, so a tape may suffice.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated if I recall the memo that Mr. Curtiss sent, he stated a stenographer.
PUBLIC RECOGNITION
Mr. William Senistore,
Mr. Griffin stated on
Mr. Senistore stated yes.
The intersection is blocked with about four cars and you can’t make the left
turn into
Mr. Griffin stated we will talk to the Highway Superintendent. We could ask the sheriff to go there.
Mr. Senistore stated I’ve asked the people nicely not to park there and they did for one day and now they are back to parking there again.
Mr. O’Connor stated we should try to have the bus stop changed from that location.
Mr. Taylor stated I would like to know about the public hearing minutes that were approved tonight regarding burning permits and outdoor fireplaces. What was that about.
Mrs. Nacerino stated a lot of people have been purchasing chimenea’s and other people were offended by the odors that they generated.
Ms. Keasbey stated did you receive a letter from Paul Spiegel regarding Patterson Crossing.
Mr. Griffin stated I’ve gotten letters from all sorts of people. Every time Mr. Camarda sends out a mailing, we get about 75 to 100 letters from people.
Ms. Keasbey stated I would like to submit a letter from Paul that I know you’ve received and I would like it put into the minutes (attached). Would you please let me know of any information you receive from speaking with Regina or are there going to be any other meetings, etc. and if she would speak with us.
Mrs. Nacerino stated of course. I will certainly make contact with her.
Mr. Barnett stated I would like to know what your decision was. You are going to send a letter to them stating there are serious reservations and these are the issues and that there are possible solutions that need to be discussed or something to that effect.
Mr. Griffin stated correct. What we are going to do is draft a letter to the Physical Services Committee and I will reach out to Mr. Ramirez to talk to him about conservation easements. If he is agreeable to that then we could support his inclusion into the agricultural district.
There being no further business, Mr. Herbst made a motion
to go into Executive Session at
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
Mr. Herbst made a motion to close Executive Session
at
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin called the meeting back to order at
Mr. O’Connor made a motion
to set a public hearing for
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
There being no further business, Mr. Herbst made a motion
to adjourn the Town Board meeting at
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
Respectfully submitted,
________________________________________________
ANTOINETTE KOPECK, TOWN CLERK