PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
FEBRUARY 11, 2009
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
JOSEPH CAPASSO, COUNCILMAN
ERNEST KASSAY, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
EDMOND O’CONNOR, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
TIMOTHY CURTISS, TOWN COUNSEL
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:40 p.m. with 29 in attendance.
REPORTS
Mr. Griffin made a motion to file the reports as read.
Code Compliance- December 17 – 31, 2008, January 1 – 23, 2009
Code Enforcement – January 2009
Dog Control Officer – January 2009
E.C.I.- December 2008
Putnam Lake Fire Dept.-None
Patterson Fire Dept.-None
MINUTES
Mr. Kassay made a motion to approve the following minutes:
Town Board Meeting – December 30, 2008
Town Board Meeting – January 14, 2009
Public Hearing - Chronic Nuisance Law – January 14, 2009
Court House Presentation – January 14, 2009
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
AUDIT OF BILLS
January 28, 2009
Mrs. Nacerino made a motion to approve the following bills chargeable to 2009:
General Fund $122,768.89, Highway Fund Item 1 – CHIPS $1,595.22, Highway Fund Item 3 – Machinery $7,654.52, Highway Fund Item 4 – Miscellaneous $370.36, Highway Fund – ITEM 4 - Snow $11,670.56, Highway Fund - Employee Benefits $17,449.92, Waste Water Treatment Plant $6,312.21, Capital Fund $4,743.20, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $34,780.64, Deerwood Drainage District $15.51, Patterson Park District $3,346.00, Alpine Water District $709.93, Dorset Hollow Water District $536.00, Fox Run Water District $30.11, Trust and Agency $4,000.00, Grand Total Abstract $244,505.09.
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.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 2
February 11, 2009
Mrs. Nacerino made a motion to approve the following bills chargeable to 2009:
General Fund $29,831.34, Highway Fund Item 1 – General Repairs $1,268.62, Highway Fund Item 3 – Machinery $5,119.25, Highway Fund Item 4 – Miscellaneous $1,077.99, Highway Fund – Item 4 - Snow $64,618.73, Highway Fund - Employee Benefits $3,051.73, Waste Water Treatment Plant $446.01, Capital Fund $14,750.00, Putnam Lake Light District $5,947.50, Patterson Light District $5,825.09, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $22,730.08, Patterson Park District $47.63, Alpine Water District $550.00, Fox Run Water District $3,825.10, Trust and Agency $3,339.61, Grand Total Abstract $190,950.70.
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.
MICHAEL GRIFFIN
AMEND LOCAL LAW – INCREASE FINES
Mr. Griffin made a motion to introduce the following Resolution for “Vehicles and Traffic” Chapter 150:
R-0209-01
WHEREAS, an amendment to Patterson Town Code Chapter 150, “Vehicles and Traffic”, section 150-22 entitled “Penalties”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-5 of 2008, and
WHEREAS, a public hearing was held on January 28, 2009 upon notice duly published and posted, and
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 150 “Vehicles and Traffic”, Section 150-22 entitled “Penalties”, which amendment will revise Chapter 150-22 to increase the penalties for violations of Chapter 150, and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617.5 of the implementing regulations the action under consideration constitutes an TYPE II action requiring no further consideration of its environmental significance;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 150, “Vehicles and Traffic”, Section 150-22 entitled “Penalties” in the form and manner as provided below, which amendment will revise Chapter 150-22 to increase the penalties for violations of Chapter 150, and
BE IT FURTHER RESOLVED, that Introductory Local Law I-5 of 2008 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law No.2 of 2009 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. O’Connor. All In Favor: Aye. Carried.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 3
CURTISS & LEIBELL CONTRACT
Mr. Griffin introduced the following Resolution for Acceptance of 2009 Contract between Curtiss & Leibell, P.C. and the Town of Patterson:
R-0209-02
WHEREAS, Curtiss & Leibell, P.C. has submitted the attached Contract Between Curtiss & Leibell, P.C. and the Town of Patterson for legal representation on behalf of the Town of Patterson for the period commencing January 1, 2009 and terminating on December 31, 2009; and
WHEREAS, the Town Board of the Town of Patterson desires to obtain the legal services and representation of Curtiss & Leibell, P.C.;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the Contract Between Curtiss & Leibell, P.C. and the Town of Patterson; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the Contract Between Curtiss & Leibell, P.C. and the Town of Patterson and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
RECREATION REQUEST-CHANGE OF TITLE/SECURITY SYSTEM/ID PROPOSAL
Mr. Griffin stated I have a memo from Raymond Blanar requesting title change for Sue Macagnone. Currently her title is Recreation Assistant and we are requesting that her title be changed to Part-Time Clerk. This change would allow Sue to perform clerical office duties in line with the day to day operations of the Recreation Center.
Mr. Griffin made a motion to approve the request of the Recreation Director and change the title for Sue Mangone from Recreation Assistant to Part-Time Clerk.
Seconded by Mrs. Nacerino.
Mr. Capasso stated discussion. Didn’t we hire an Office Manager. Doesn’t she do this kind of work.
Mr. Griffin stated it is mostly housekeeping. If you read the job descriptions for the position of Recreation Assistant it is very limited in the clerical work they can do.
Mr. Capasso stated is there anyone else doing the clerical work.
Mr. Griffin stated there are a number of people doing clerical work. I think Sue is still handling a good portion of the scheduling. We just want to make sure we get her job title in line with what the County is requesting.
Mr. Kassay stated Sue is going from part-time to…..
Mr. Griffin stated no, she is part-time and she is going to stay part-time. The title of Recreation Assistant doesn’t allow for a lot of administrative work. When we checked with the Putnam County Personnel Department their recommendation was to change the title to Part-Time Clerk and then she would be allowed to do as much clerical work as they chose to assign her to do.
Mr. Kassay stated that is a non-competitive class under County Personnel.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 4
Mr. Griffin stated yes it is.
Mr. Kassay stated didn’t we have a situation not long ago where we were going to have someone take the position of Recreation Assistant and there was a memo from the Personnel Department that stated the person can’t do any clerical work. I don’t quite understand how that can take place now when it couldn’t take place before. Maybe I just don’t understand what the title change is. In the non-competitive class listed under Towns, Recreation Assistant is a full-time job. We are going to have a Recreation Assistant go from full-time, which has medical benefits etc. to a part-time clerical job.
Mrs. Nacerino stated no, she is part-time now and she will stay part-time. It is just a transfer of title to be in compliance with Civil Service rules and regulations.
Mr. Kassay stated in the non-competitive class it has a Recreation Assistant as a full-time position and it has a Clerk as a part-time position under the non-competitive class. That is why I am confused.
Mr. Griffin stated Counsel can you help out here because I thought it was relatively clear. We are taking a person who is currently serving in the position of Part-Time Recreation Assistant and on the recommendation of the County because the person is doing more clerical work than would normally fall under the job title of Recreation Assistant. Their recommendation was to change her job title to Part-Time Clerk. Therefore, she wouldn’t be working out of title.
Mr. Curtiss stated they sent us the letter that the Recreation Assistant can do some clerical but not a lot of clerical. They are defining her job as being more clerical than Recreation Assistant.
Mr. Griffin stated correct.
Mr. Curtiss stated they are requesting the change of the job title. Both are noncompetitive so you wouldn’t have to worry about a list or anything.
Mr. Kassay stated the only thing I am confused about is in this non-competitive class for Town Service there are certain job titles that list part-time. If they are not listed as part-time, I would have to assume that they are full-time positions under the non-competitive class. If the Town Board approved this Recreation Assistant as a part-time individual, that would have meant we circumvented the County Rules and Regulations. If we take a part-time Recreation Assistant and give them part-time clerical duties that is in conflict with the order we received from the Personnel Director a couple of months ago regarding another individual who could have been placed in that Recreation Assistant position part-time and helped with clerical. I am confused about this. If it wasn’t good a couple of months ago why is it good now. I feel this is an Executive Session Personnel item. I think this needs to be explored deeper.
Mr. Griffin stated every individual that works at the Recreation Center part-time is classified by the County as Part-Time Recreation Assistant.
Mr. Kassay stated it doesn’t say it in their Rules and Regulations. It says that they are full-time. Unless the County has made an error in their by-laws. I don’t know. I can only go by what the County has provided me as of January 8, 2007. These are the last rules and procedures the County has. I think we need to discuss this further in Executive Session.
Mrs. Nacerino stated I think it also needs to be double checked with Putnam County Personnel, because to my understanding when this conversation came up months ago there was no full-time Recreation Assistant in the County of Putnam. I think we need to double check.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 5
Mr. Kassay stated that might be a typographical error.
Mr. Griffin stated I don’t see the point. Every employee at the Recreation Center is classified as a part-time Recreation Assistant unless otherwise requested to change to another title based on their job duties. As far as I know, the County has no full-time Recreation Assistant’s in Putnam County.
Mr. Kassay stated it doesn’t say that.
Mr. Griffin stated I don’t know what to tell you because we have about twenty-five people that are working at a title in violation of County Personnel policy and they audit our payroll every two weeks. They have not raised it as an issue, so I don’t know why we are making a mountain out of a mole hill.
Mr. Kassay stated I would like to have a letter in writing that they made an error in their rules and regulations.
Mr. Curtiss stated I understand what he is saying. It may not be an issue.
Mr. Griffin stated it is not an issue unless someone wants to go a long way around the bend and make it an issue. A motion has been made and seconded Counselor, what do you want to do.
Mr. Curtiss stated it is on the table, you can put it up for a vote. If you want to have further discussion or put if off until after the Executive Session then bring it up again you can do that. What is the Board’s pleasure.
Mr. O’Connor stated I think we have to clear the air on this.
Mrs. Nacerino stated that is contrary to what was being told to us from a year or two ago by Putnam County Personnel. It was our understanding that there was no full-time Recreation Assistant in Putnam.
Mr. Kassay made a motion to discuss this particular item in Executive Session Personnel.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
Mr. Griffin stated we have a memo from the Recreation Director regarding a new digital video recorder needed for the front office of the Recreation Center.
The current front office security camera used for the safety and security of both employees and patrons is irreparable. We have received three estimates on a new recorder (Digimerge 250 gig 4 Channel Digital Video Recorder) and the tie-in to the existing camera system. NYCONN Security Systems, Inc. has submitted a bid for both the camera and installation services for $880.00. NYCONN Security Systems will guarantee the system for a period of one year for parts and labor. My recommendation is to accept the proposal from NYCONN Security Systems, Inc. which will be valid through April 22, 2009.
Seconded by Mr. Kassay. Discussion.
Mr. Capasso stated I am not clear of where this camera is going.
Mr. Griffin stated the camera is already there. There are approximately eight or ten cameras servicing the center. It is the original camera.
Mr. Capasso stated who would put up cameras we can’t use.
Mr. Griffin stated they were being used. The recorder died.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 6
Mr. Capasso stated so the whole system is down.
Mr. Griffin stated no. Dave please explain.
Mr. David Raines, Fire Code Inspector stated Mr. Capasso just to clarify the digital recording device that we bought that we tied into the splitter for all the cameras are no longer working. It is not working as a splitter or a recording device. We looked at purchasing a new one, a state of the art. NYCONN happens to be our vendor and they do all the system maintenance. It is the right piece of equipment that we need to keep that security system up. Right now we can’t record. We should get this and get the security system back up.
Mr. Kassay stated Ray’s letter states that there were three bids. Do we know what the other two bids were. Is Superior one of them and who was the third. Also, his letter states “my recommendation is to accept the proposal from NYCONN Security which will be valid through April 22, 2009. Is that date correct. Is this falling under the end of a contract.
Mr. Raines stated no, all the bids were good through a certain date. That price is good through April. That is all it is saying. If we don’t act on it until May, that price may not be valid. I don’t know who the other bidders were. I just looked at the equipment.
All In Favor: Aye. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
Mr. Griffin stated I don’t have a memo regarding this, so I don’t know if you want to move on this. This is for a service contract for $1,650.00 for a company that supplies the ID machine. Has anyone had a chance to look at this.
Mr. Capasso stated I would like more information on this. We purchased this awhile ago and we never used it.
Mr. Griffin stated no, they are using it as far as I know. They are having some issues with it and there is no service contract. Apparently they don’t have the administrative passwords to get into it and some other issues. We also were doing photo ideas for employees. Right now the program is only set up for Recreation Center ID’s.
Mr. Capasso stated this is just a service contract for one year.
Mr. Griffin stated from what I understand. I only have the same information you have.
Mr. Kassay stated I have a copy of it and it states the start date is November 1, 2008 and goes through October 31, 2009. It has a service agreement number on this copy. It does appear to be in order and I don’t personally think the price is off the wall. I don’t have a problem with it.
Mr. Griffin stated if you are comfortable with it then ok. The only reason why I wasn’t completely comfortable with it is because when a Department Head has a request there is usually some paperwork with it. I have not discussed this particular item with him.
Mr. Ray Blanar stated I got to look at them briefly. It basically covers any servicing we need for any parts of the machine and software issues we may have. It covers everything that may go wrong throughout the year. In my opinion, $1,6500.00 for a one year service agreement is absurd. I know to get them out here to be able to activate it and use it like we are trying to would cost a minimum of $200.00 plus travel expenses. It could cost about $500.00 plus for one service call. Maybe we can find another company out of Westchester that is familiar with the equipment. I don’t know much about the machine because it was brought in before I arrived. I would think it is a generic machine and just about any company would be familiar with it.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 7
Mr. Kassay stated the contract already started on November 1, 2008. It was submitted to us on September 1, 2008. Normally, procedure is that a Department Head will send a letter to the Town Board recommending something. Maybe this fell between the cracks.
Mr. Blanar stated I didn’t even know we had an agreement with anyone for it. That is a typo. This is a rough draft for a new contract. We are not under contract at all. That contract expired at the end of October. We still use it. There is a log in and we don’t know what it is.
Mr. O’Connor stated I agree with you. We should find out who else can service this machine.
Mr. Griffin stated it may not be that simple. Ray can you check into it and have something for us at the next meeting.
PERMANENT APPOINTMENTS
Mr. Griffin introduced the following Resolution to Appointment of Assessment Clerk within the Assessor’s Office:
R-0209-03
WHEREAS, Amanda Tompkins has completed the required probation period and is now eligible for permanent appointment as Assessment Clerk within the Assessor’s Office of the Town of Patterson; and
WHEREAS, the Town of Patterson, as appointing authority, wishes to appoint Amanda Tompkins to the permanent position of Assessment Clerk within the Assessor’s Office of the Town of Patterson;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Amanda Tompkins to the permanent position of Assessment Clerk within the Assessor’s Office of the Town of Patterson; and
BE IT FURTHER RESOLVED, that the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Griffin introduced the following Resolution to Appointment of Account Clerk within the Finance Department:
R-0209-04
WHEREAS, Janet Ravo has completed the required probation period and is now eligible for permanent appointment as Account Clerk within the Finance Department of the Town of Patterson; and
WHEREAS, the Town of Patterson, as appointing authority, wishes to appoint Janet Ravo to the permanent position of Account Clerk within the Finance Department of the Town of Patterson;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Janet Ravo to the permanent position of Account Clerk within the Finance Department of the Town of Patterson; and
BE IT FURTHER RESOLVED, that the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 8
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
KUEHN-HAUSER PROPERTY
Mr. Griffin stated Counsel.
Mr. Tim Curtiss stated the Hauser property is the property where we have the drainage issues up on Bullet Hole Road. There is a sleeve under the Kuehn driveway that was originally put in by the contractor for the house. In order to re-use that sleeve and get the water off the road we had asked for an easement from the Kuehn or the next door neighbors. They are represented by Counsel and they would like an engineer’s report demonstrating that we have no other cost efficient way to take the water down the road. I need the Board’s permission to get an engineers report from the Town Engineer as to what the cost would be to put a in catch basin drainage and all the other things that would be necessary to take care of that water. I would need that report anyway to go to condemnation to show that this is the only cost effective way to go.
Mr. O’Connor made a motion to authorize the Town Engineer to come up with the actual dollar figures to proceed with this project.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
TOWN HALL GUTTERS PROPOSALS
Mr. Griffin stated gutters were never actually part of the original contract. There are two areas where we have some ice issues. I spoke with Mr. Fava and he and I came to the same conclusion that we should really have gutters in some additional places on the Town Hall. He received three prices. I believe you have copies of the proposals.
Mr. Griffin made a motion to accept Mr. Fava’s recommendation that we hire Water Flow Gutter Solutions for an amount not to exceed $938.00 to install the gutters to solve the ice problem on the Town Hall.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
NAWCA GRANT PARTNERSHIP
Mr. Griffin stated Mr. Williams have you spoken to Dr. Utter at all about this.
Mr. Williams stated I don’t know anything about this.
Mr. Griffin stated we will have to table this. I thought he would be here tonight.
PUTNAM LAKE GRASS CARP
Mr. Griffin stated we have a memo from the Town Planner:
Attached is a draft application to stock Putnam Lake with Triploid Grass Carp for your review. I am currently awaiting the completed drawings on the design of the fish barrier that will be placed at the dam spillway.
Mr. Griffin stated I have reviewed the application and it looks fine to me. We just need to push the engineer to get the completed drawings.
Mr. Williams stated the preliminary drawings from the previous reports I was going to attach with some other information we are not going to be able to include at this point. I wanted to get it into the DEC to get the ball rolling.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 9
Mr. Griffin stated I think you have done a great job on this and I would say proceed. Any Board members who have a different opinion on this.
All Board Members stated proceed.
EXECUTIVE SESSION LEGAL/PERSONNEL
Mr. Griffin stated I would like to defer my Executive Session Legal/Personnel until the end of the meeting.
JOSEPH CAPASSO
EXECUTIVE SESSION PERSONNEL
Mr. Capasso stated I would like to defer my Executive Session Legal/Personnel until the end of the meeting.
ERNEST KASSAY
TABLING OF A MOTION POLICY-DISCUSSION
Mr. Kassay stated I would like to open this topic up for discussion with the Board members. I believe there are three options in here that the Town Attorney has brought to our attention. Has the Board had a chance to review this. Do you want to have a tabling of a motion policy. If so, we should take an informal poll of the Board and find out if we have three of us that would like to proceed. Then we need to find out which solution we want to adopt as policy. Does anyone have any comments.
Mr. O’Connor stated if a member of the Board feels strongly on something that he is not prepared to vote on and one or two of them would like to put it off to another meeting, it would seem appropriate.
Mr. Curtiss stated the real issue was it can’t be postponed indefinitely. I could draft up a policy for the Board to review and if that is what you want the Board can adopt it.
Mr. Griffin stated my personal opinion is that if anything gets tabled it should be done by motion with a second and a majority vote. If three members of the Board don’t want to table something, then I don’t see why two members of the Board should be able to subvert the role of the majority.
Mr. Kassay stated I have the same opinion. I think it should be a majority of the Board. If you have someone make a motion and you have two other votes that are yes then that would be tabled.
Mr. O’Connor stated what Mr. Griffin is saying that things shouldn’t be tabled if three people want to vote on it at that meeting and two could not table it.
Mr. Curtiss stated if you had to table it, it would be by majority only.
Mr. O’Connor stated like everything else.
Mr. Curtiss stated correct.
Mr. Griffin stated I agree with what you are saying because I think at the same time if it is tabled it should come up for a vote at the next meeting regardless. This way two members can’t be constantly squashed by the other three.
Mr. Curtiss stated it has to come up at the next meeting.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 10
Mrs. Nacerino stated just for clarification what we are actually changing is the fact that in the past based on past practice we were doing it by minority and now we will be doing it by majority.
Mr. Curtiss stated correct. If that is the policy you decide to do.
Mr. Griffin stated in the past it used to be a second and a table and then it was considered tabled. Now it should be tabled to the majority vote and it has to come up to vote at the next meeting.
Mr. Kassay stated is that the consensus of the other two Board members.
Board members stated yes.
Mr. Kassay stated ok.
Mr. Curtiss stated I will draft up a policy for you to circulate and if that is acceptable you can pass that as your policy.
Mr. Kassay stated are you going to do that in the form of a resolution.
Mr. Curtiss stated I can.
Mr. Kassay stated I would like it that way if that is ok with you. We will have that on the agenda for the next meeting.
HIGHWAY DEPARTMENT LETTER – 1/18/09
Mr. Kassay stated I received a letter from Highway Superintendent, Charlie Williams, regarding the Christmas tree pick-up in Garbage District No. 1.
This memo is to inform you that 132 Christmas trees have been picked up from Putnam Lake Garbage District No. 1. If I can be of any additional assistance please let me know.
Mr. Kassay stated thank you Mr. Williams.
LETTER OF APPRECIATION 1/19/09 – D’AMBROZIO
Mr. Kassay stated I have a letter from the D’Ambrozio family addressed to the Supervisor, Mr. Griffin,
Dear Mr. Griffin:
We would publicly like to express our thanks and appreciation to all of the Patterson Town Employees with whom we have spoken with in the past eight months and have helped the D’Ambrozio Family Restaurant and Tavern during the cleaning and repairing stages of our new restaurant. We felt that it is important to inform the Elected Official’s of Patterson that you have an excellent employees who are very helpful in giving out information with regards to the Town’s requirements. Without hesitation they have explained very patiently what we needed to do and answered each and every question we had. We believe it is important that we as a new business in Patterson give you feedback of the positive working atmosphere your Town department employees demonstrate. They made us feel that we are welcome. We extend our sincere gratitude to each Patterson Town Department employee and especially to Mr. David Raines for his experience and knowledge explaining to us what important items must be taken care of. This Town is fortunate to have such people who go above and beyond their duties. Of all the other locations we looked at, we are delighted to have selected Patterson to be our home for our restaurant. We plan to do all we can to be an integrated part of your
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 11
community. We hope that you have the opportunity to visit D’Ambrozio’s Family Restaurant and Tavern very soon.
Mr. Kassay stated I along with the Board would like to thank every Town employee that was involved here for going above and beyond and especially Mr. David Raines.
Mrs. Nacerino stated very nice letter.
FRANK FARRELL LETTER 1/15/09 – DROP OFF
Mr. Kassay stated I received a letter from Mr. Frank Farrell, Administrator of Garbage District No. 1 and 2 for recycling. This was a notice that was sent out on January 15, 2009 and it states:
The bulk drop-off for Patterson residents located at the Recycling Center is designated for limited use for Patterson residents. This does not include those folks who repair houses, clean out houses for resale or other services of that nature. This becomes an added tipping fee for all Patterson taxpayers. It is incumbent upon those of you who do this type of work to rent the roll off container for those purposes. This bulk drop-off is not designed for this type of abuse. Thank you.
Mr. Kassay stated I concur with that and I hope the rest of the Board does as well.
Mr. Griffin stated we are not selling commercial recycling permits.
Mrs. Antoinette Kopeck stated no.
Mr. Griffin stated what about not-for-profits. I received a call from Camp Herrlich and because they are not an individual, but they are a not-for-profit they were told they couldn’t get a recycling permit anymore. They are having a tough time getting rid of some of their recyclables. They asked if the Board would consider not-for-profits to be allowed to get recycling permits as opposed to contractors, etc.
Mrs. Kopeck stated it is costing us money to get rid of the cardboard.
Mr. Griffin stated it is costing us money for everyone to get rid of it. Being they are not-for-profits and they are serving the community, the question was would the Board consider it.
Mr. O’Connor stated I don’t think someone like Camp Herrilich would generate a problem. What would generate a problem would be companies who do demolition on a weekly basis.
Mr. Griffin stated if you take a load down to the transfer station in Somers it would cost $300.00 to $500.00 and our permits are only $125.00. These guys are getting away with murder. I agree with Mr. Farrell completely with stopping the commercial permits was the right thing to do. The only question is where does that leave our not-for-profit in the Town that has used it in the past and has not abused it.
Mr. O’Connor stated I don’t think that would be the abuse. The abuse would be the commercial people that continuously use the center on a daily or weekly basis. Camp Herrilich wouldn’t generate anymore than a good sized family.
Mr. Kassay stated either the last Board meeting or the one before I read a memo where it cost us $30.00 per ton. It reversed the figures. In discussing this with Mr. Farrell it was in the best interest of the taxpayers of the Town not to issue any permits. It would cost all of us more money to get rid of the cardboard. His recommendation was to get your own roll off or contact a carting company to come and remove your cardboard and you will have to pay for it separately. I could check with Mr. Farrell and find out how many
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 12
not-for profits come. We need to be careful when we make exceptions to the rule.
I will speak to Mr. Farrell and get his recommendation in writing to address
not-for-profits.
Mr. O’Connor stated what are they doing with their garbage now.
Mr. Griffin stated their garbage is picked-up privately and they are negotiating whether or not they will pick-up their recyclables. In the past, they had been bringing it to the center with a commercial permit, but now there aren’t any commercial permits so they are looking into other ways.
Mr. Kassay stated the commercial permits have been $125.00 per year for awhile. I don’t know how much cardboard a non-profit brings to the center but, when we were making forty and fifty dollars a ton at least it was providing a service even if we broke out even. Now it is costing us all money.
Mr. Capasso stated also find out what Camp Herrilich will be recycling cardboard, cans, bottles etc.
Mr. Kassay stated I will talk with Mr. Farrell.
RECYCLING ADMINISTRATOR’S MEMO
Mr. Kassay stated on February 2, 2009 I received a memo from Mr. Frank Farrell:
Please be advised that Mr. Frank Grady, Foreman and the men of the Sanitation Department District No. 2 have installed the snow guards on the recyclable building. This work has saved the Patterson taxpayer’s in excess of $7,000.00.
Mr. Kassay stated I know it was double that price when that building was built two or three years ago. I would like to congratulate these guys for going above and beyond. We appreciate it.
EXECUTIVE SESSION PERSONNEL
Mr. Kassay stated I would like to defer my Executive Session Personnel to the end of the meeting.
GINNY NACERINO
ADOPT PUBLIC NUISANCE LAW
Mrs. Nacerino introduced the following Resolution of Adoption of Local law No. 1 of 2009:
R-0209-05
WHEREAS, an amendment to Patterson Town Code Chapter 72, entitled “ CHRONIC PUBLIC NUISANCE ABATEMENT”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-4 of 2008, and
WHEREAS, a public hearing was held on January 14, 2009, upon notice duly published and posted, and
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 add to the Town Code of the Town of Patterson Chapter 72, entitled “CHRONIC PUBLIC NUISANCE
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 13
ABATEMENT”, which amendment will incentivise abatement of chronic public nuisances at the building, structure or real property; and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes an UNLISTED ACTION, and
WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the CHRONIC PUBLIC NUISANCE ABATEMENT as well as other supporting documentation for the project,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:
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 72, entitled “CHRONIC PUBLIC NUISANCE ABATEMENT” in the form and manner as provided below, which amendment will incentivise abatement of, and provide penalties for chronic public nuisances which may occur at certain building, structure or real property occur, and
BE IT FURTHER RESOLVED, that Introductory Local Law I-4 of 2008 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law No. 1 of 2009 in 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.
CHRIS RINI RECOGNITION
Mrs. Nacerino stated on January 15, 2009, Patterson resident Chris Rini was one of the survivors of Flight 1549, better known as the “Miracle on the Hudson”. Chris, simply put, we would just like you to know how happy we are that you have survived. We would like to recognize Chris for his bravery and citizenship, which was displayed and who went back into the plane to check to see if anyone was left behind. Chris is the best of who we are here in Patterson and is truly a source of pride. His example of
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 14
selflessness and his ability to make instant decisions call on each of us to be bigger and to realize there is something greater than ourselves. He is truly a role model whose actions empower us to strive to make similar choices in the face of adversity. On behalf of the
entire Town Board, Supervisor Michael Griffin, Edmond O’Connor, Joseph Capasso, Ernest Kassay, and myself, I would like to present you with this plaque in your honor.
The plaque reads:
In gratitude for citizenship displayed to Chris Rini during the “Miracle on the Hudson”, January 15, 2009.
Mr. Chris Rini, Patterson resident, stated thank you very much. This is not something I really jumped to be a part of, but I was forced by a situation that thank God it turned out tremendously.
Mr. Rini went on to explain the exact situation of the plane crash.
AMEND ABSTRACT OF 1/14/09
Mrs. Nacerino made a motion to amend the abstract of January 14, 2009. Some figures were inadvertently omitted. The total should be $379,933.80.
General Fund $118,051.97, Highway Fund Item 1 - General Repairs $6,960.69, Highway Fund Item 3 – Machinery $6,408.33, Highway Fund Item 4 - Miscellaneous $839.86, Highway Fund – Item 4 - Snow $11,726.02, Highway Fund - Employee Benefits $53,524.60, Putnam Lake Fire District $46,406.00, Patterson Fire District $71,118.00, Waste Water Treatment Plant $14,613.68, Capital Fund $750.00, Putnam Lake Light District $1,246.00, Patterson Light District $1,981.31, Patterson Refuse District #2 $33,497.60, Patterson Park District $10,509.15, Alpine Water District $550.00, Dorset Hollow Water District $1,718.40, Fox Run Water District $32.19, Grand Total Abstract $379,933.80.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
PAB REQUESTS – APPOINT CARETAKER/BALLFIELD/INCREASE
Mrs. Nacerino stated many applications were received for the position of Park Caretaker. I would first like to acknowledge the Park Advisory Board for their diligent and thorough review. This Board is comprised of individuals who donate their time and talents to this Town and community and we are fortunate to have them on board. They are Brian Callahan, Lauren Harper, Rick Saracelli, Charlie Lowry, Dusty Rothacker, Carrie Weizenecker and Chairman John Taylor. They have spent a great deal of time reviewing and assessing the applications and have determined that Brian Burdick is the most viable candidate.
Mrs. Nacerino stated therefore, without objection and upon their recommendation I would like to introduce the following Resolution for Appointment of Park Caretaker:
R-0209-06
WHEREAS, the Town Board of the Town of Patterson wishes to appoint Brian Burdick to the position of Park Caretaker at the Veterans Memorial Park on Maple Avenue in the Town of Patterson; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Brian Burdick to the position of Park Caretaker at the Veterans Memorial Park on Maple Avenue in the Town of Patterson Recreation & Parks for the Town of Patterson with the job specifications attached hereto; and
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 15
BE IT FURTHER RESOLVED, that the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
JOB DESCRIPTION
PARK CARETAKER-PATTERSON VETERANS MEMORIAL PARK
DAILY:
-Opening and closing the park
-Unlocking and locking gates and buildings as required
-Servicing Buildings
-Checking and/or cleaning office and restrooms
-Grounds Maintenance
-Pickup and/or empty garbage
ON GOING:
-Maintenance of equipment, buildings, and grounds;
-Mowing and trimming of grounds
-Raking and clearing of grounds
-Snow removal of recreational and parking areas (as required based on equipment availability)
-Repair and Servicing of equipment (assure proper maintenance and service is provided)
-Repair and Service of Buildings (assure timely connections and disconnections of electricity, phones, and water as required)
-Assure purchase and storage of supplies and materials as required
-Assurance of large equipment as required
-Security of buildings and grounds:
-Provide on premises residence
-Enforcement of park rules and policies
-Maintain proper key controls
-Maintain on-grounds presence during ALL scheduled activities
OTHER:
-Park Activities
-Assure timely cleanup and garbage removal
-Maintain on-grounds presence during activity
-Provide enforcement of park rules and policies
-Park Employees
-Provide work direction or assistance as required
-Park Advisory Committee
-Provide timely notification of needs or problems
-Provide recommendations
-Attend monthly meetings of the Park Advisory Board
-Live on-site at the Caretaker’s House.
NOTE:
This Job Description may be revised as required.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino stated Mr. Taylor would you like to speak about some pertinent issues facing the park.
Mr. Taylor stated I would like to address the Board on issues that have to do with the caretaker’s house and what our plans were prior to the circumstances that bring us to having a new caretaker this year. We had requested in our budget that we have certain
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 16
monies to expend on improving the ball fields at the park and renovating the bathrooms at the building that has the three bathrooms in it. Circumstances have changed and we now have a vacant caretaker’s residence. I’m not sure exactly when this residence was
built. I believe it was in the 1980’s, maybe 1986. I have inspected the entire premises, the basement, the house, I have been there with various professionals who are familiar with and including Dusty Rothacker who is in the construction business and a member of the Park Board. The house in general is in very good structural condition. There are no major problems, but it does need and should have prior to the new caretaker coming in renovations. The interior needs to be completely repainted. The rugs and tile has been in there since the house was built. It is not in a condition where I would recommend anyone living in it right now. Basically what I am telling the Board is that the money we have set aside to do the renovations on the ball field and the bathrooms should first be allocated to renovating the whole house. Up until this point I had a plumber and electricians there and they are prepared to up date the house to the code and to make little minor repairs that are needed to make everything safe. I had all the locks changed. The garage door repaired. First and primarily the house has to be completely cleaned out. There is a lot of debris in the basement and in the house. There is also debris on the property that makes it look messy. If you have any questions on how we are proceeding I’m here to answer those questions.
Mr. Kassay stated was the house a Park District when the house was built.
Mr. Taylor stated yes.
Mr. Kassay stated who paid for the construction in the house.
Mr. Taylor stated I would assume the District or the Town paid. I’m not sure.
Mr. Curtiss stated the District paid.
Mr. Kassay stated with everything you described is the District going to be assessed for all those repairs.
Mr. Taylor stated the money has already been assessed. I don’t think it will cost nearly the amount of money that is in the budget this year to do the baseball renovations and the bathrooms. We have requested money for that and so the money exists. I’m just asking and telling you that we really have to address this house. If there is money left over, which there should be, then we can partially address what it was planned for in the beginning. The circumstances were not anticipated, even when the budget request was put in that the residence would change hands and needed all this work.
Mr. Kassay stated are we going to go through the bidding process.
Mr. Taylor stated yes, I have already solicited at least four bids for the carpet and flooring. I contacted at least three painting firms. I only have one person who has visited the house who will clean it out. One of the people I contacted wanted money up front. I said this is a municipality and municipality doesn’t pay like that. The electrician will be obtained by the Town. We have had a plumber for the last fifteen years and he will do the plumbing.
Mr. Capasso stated do you have any dollar amounts yet.
Mr. Taylor stated not yet. The only price I got was to clear out the house and all the debris on the property and that was $1,100.00. I called two guys and only one was interested. I’m ready to move on that.
Mr. Capasso stated has our Building Inspector been in the house to see if there are any violations.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 17
Mr. Taylor stated about a year and a half ago Dave Raines and I went through the house. There were minor problems there. The electrician is going to deal with all the code variations. Carbon monoxide machines will all be installed.
Mr. Capasso stated the new tenant going, is he going to be responsible for any maintenance, up keep or cleaning. Is there anything in there saying he is responsible.
Mr. Taylor stated the Park Board is going to address that and change some of the rules and regulations that have not been in effect in the past. The situation here is a little bit extreme. I don’t want to address it in public. I would tell you in Executive Session if you want unless you demand that I mention it in public.
Mrs. Nacerino stated I think we are all aware of the situation. It is unique and on to itself. I don’t think history would repeat itself in this instance. Mr. Kassay asked most of the questions I was going to ask. Are you going to have some estimates for us at the next meeting for some of this work.
Mr. Taylor stated I am hoping to move on this as soon as I get all of the estimates in. I am anticipating that there is already one in my box. There is a sequence that has to be established. Dusty has been helpful in explaining what order the work should be done. Once all the bids are in and submitted, I would anticipate doing this as soon as possible.
Mrs. Nacerino stated are you still comfortable with Brian’s appointment taking place on or about March 1, 2009.
Mr. Taylor stated yes. Brian and I met this afternoon and discussed the possibility that he may not be in the house right away. It is the Park Board’s position that we don’t present the house to him until it is ready to be lived in.
Mrs. Nacerino stated certainly.
Mr. Taylor stated we have to move a little quickly on this because the first event of the year is March 1, 2009 when the third graders start their maple syrup project. By March 15, 2009 the ground will be thawing and people will start coming back into the park. The quicker we get Mr. Burdick in the better.
Mr. Capasso stated is there anything in writing that he will have to sign stating that the house was given to him in this condition and that is the way it should be left.
Mr. Taylor stated right now there is nothing in place that would address that. We could put something in place. We could discuss it at our next Park Board meeting and have Mr. Burdick sign it when we prepare a document that can be reviewed by Mr. Curtiss. I can prepare a document. Whatever is required or asked of us, we will do.
Mr. Capasso stated I think we should. Maybe in a year or so if he doesn’t like the job we will be back having to do something else on the house. I have tenants, so I know what I go through.
Mr. Taylor stated after our interview process and the selection that we recommended for the Town Board, I have the highest confidence that we will have a caretaker for quite sometime and a very, very good one.
Mr. Capasso stated what about the equipment.
Mr. Taylor stated all the equipment is in good shape. Empire Power Tools in Patterson will be picking up all the equipment and will tune them up. They should be picking them up next week.
Mr. Capasso stated is he familiar with all the equipment. He knows how to use it all.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 18
Mr. Taylor stated if he doesn’t I will have Empire teach him. In my investigations in various fields when I was shopping for carpets and flooring, four of the eight numbers I called were disconnected. Very sad.
Mrs. Nacerino stated I want to commend the Board once again for all their hard work. It was a big job. They picked a great person and we are happy to have Brian on Board.
Mr. Taylor stated thank you.
Mrs. Nacerino stated I would like to defer the last item on my agenda “Increase” to Executive Session.
EDMOND O’CONNOR
CONFERENCE REQUEST-RECREATION/ASSESSOR
Mr. O’Connor stated I have a Conference Request form from Christopher Boryk, Assessor to go to the Institute of Assessing Officer’s in Fishkill, New York. The cost is $85.00 registration fee, $20.90 for incidentals for a total of $106.00.
Mr. O’Connor made a motion to approve Christopher Boryk, Assessor’s request to attend the Institute of Assessing Officer for a total of $106.00.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. O’Connor stated we have several vouchers from Mr. Raymond Blanar, Recreation Director for conferences he has attended. The following were approved January 28 and 29, 2009, February 10 and March 11, 2009. There is another one that has not been approved and that is the Tri-State Camp Conference involving camping to be held March 17, 2009 through March 20, 2009. Can we have Mr. Blanar explain this to us.
Mr. Ray Blanar stated I took it upon myself to pay for this by using my credit card to save money by registering earlier. I saved $60.00 by registering by the early bird deadline, which was last Friday. I received the information on this conference originally by email and in the mail. I called Bob and Wendy Gentile and I met with the Director of Camp Herrlich to find out the legitimacy of it and to find out if it would be worth while. They all swear by it. Bob and Wendy go every year and they say it is the biggest and the best in regards to everything from networking to keeping me up to date on procedures for camps, policies, Board of Heath and the Red Cross. They also offer some certifications, which I have a couple of already. $The 465.00 registration fee also includes up to five people. The only reason I didn’t include more is because with more people going it would be more expenses. Since we have at least ten camps going on between school breaks and the summer I thought it would be a great necessity and tool to attend the conference. On the first day there is a four and half hour session specifically for parks and recreation summer camps that would be useful for my situation. I thought that would be worth it for me to attend. That is why I took it upon myself to register. I did have monies allocated for training in my budget.
Mrs. Nacerino stated one of the reasons why I devised this conference request form was for this Board to be able to keep track of the conferences. I do not recommend that you take it upon yourself to pre-register for any conference in the future, because that really defies the reason why we put a conference replace form in place for Board approval. I know that your intent was in good faith. However, that really does defy policy and procedure. Secondly, I think the reason why we are incorporating this form is for us to assess and to review the conferences at hand. In this economic climate, this Board needs to be very cognizant of conferences especially to save taxpayer’s dollars. This year we should be stringent upon the conferences we do approve and they should be only ones that are of priority for ones job title. Raymond you have had a substantial amount of
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 19
conferences here. Thousands of dollars in conferences. I personally would like if you could prioritize and cut back. We all need to cut back. We can’t go on every conference we want to. Times are changing and we need to prioritize. I think this $465.00 is not cost effective because it could really pertain to five people. You just stated that some of the certificates you would have taken you already have.
Mr. Blanar stated there are multiple sessions going on overlapping each other. I would choose which ones I would go to and which are most relevant. Obviously, the ones I
have it wouldn’t make sense for me to go to. It would give me the opportunity to go to another.
Mrs. Nacerino stated I’m just repeating what you just said. When I look at this conference and I know we are going to have camps, in my opinion the camps we are going to have at the Recreation Center do not constitute the same as a full fledged camp like Camp Herrlich or a day camp.
Mr. Blanar stated we have the same exact Board of Health regulations.
Mrs. Nacerino stated just like with Zoning and Planning and the Town Planner there are conferences that are less cost prohibitive that can accomplish those same goals. You should try to assess to see whether or not you can get the same education or same professional development at a cheaper rate.
Mr. Blanar stated like I said earlier I think Bob and Wendy are the best references. Their exact words were it’s the biggest and the best by far.
Mrs. Nacerino stated I am not doubting that.
Mr. Blanar stated I have all the camp paperwork that I have to fill out for the County. Tracey and I are working on it right now including a sixty page emergency manual. We have all the same stipulations that we have to follow just like Camp Herrlich does and any other camps in the area. I haven’t received any other paperwork from my park and recreation associations.
Mrs. Nacerino stated I am not doubting that. I am just questioning whether or not this is the only venue where you could accomplish this education experience.
Mr. Blanar stated that is what I am saying; I haven’t seen anything else anywhere else.
Mrs. Nacerino stated in addition to that you have four other conferences that we have approved prior to this.
Mr. Blanar stated I was told when I obtained my position last October, that I might want to look into taking some manager seminars and conferences being that I am new to this.
Mrs. Nacerino stated some. We are all very aware of the economic climate. School Districts are not allowed to go on any professional conferences for the rest of this year or next year to save taxpayer’s dollars. We have to be very cognizant of that. Not just you but for all Department Heads and any other employee within the Town of Patterson, I strongly stress that these conferences be prioritized. Only the ones that are of the utmost importance be approved.
Mr. Blanar stated I’m trying to use the money that was allocated to me to improve my position and my experience with what I was given.
Mr. Kassay stated we certainly understand what you are saying. When you came on board last year the situation today with the economy wasn’t the same as when you were hired. The Board is asking that any conference from here on in you need to send the Board a memo and we will discuss it before hand.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 20
Mr. Blanar stated I apologize.
Mrs. Nacerino stated I would like to see a cap on conferences this year. If we don’t eliminate them all together, which probably couldn’t be done because certain things are mandated. Just because we have an allocation in our budget for this year for training line
that doesn’t mean we need to spend every single dollar. We should try to cut back and save some money.
Mr. O’Connor stated everyone appreciates your enthusiasm in more things than just this but we have no choice since we would lose the money if he does not attend. It would be a loss of $465.00. Could you go along with the Gentiles.
Mr. Blanar stated I actually offered that to Dean to ask him if that was a possibility.
Mr. Capasso stated couldn’t you car pool and save on the transportation.
Mr. Blanar stated Dean is going down on Tuesday and Bob, Wendy and Jess are going down on Wednesday. I would be going down on Monday night because my first thing starts on Tuesday at 1:00 p.m.
Mr. Capasso stated and that is absolutely necessary.
Mr. Blanar stated everyone knows that fifty two cents a mile is highway robbery. I don’t mind just getting reimbursed for what I spend in gas. The tax exempt only applies in New York State so I wouldn’t be saving on my hotel room.
Mr. O’Connor made a motion to approve Mr. Blanar’s trip to the Tri-State Camp Conference for the year 2009.
Seconded by Mr. Kassay. All in Favor: 4-1. Opposed 1.
Mr. Blanar stated do you want me to resubmit the conference request with the actual numbers.
Mrs. Nacerino stated yes.
Mr. Capasso stated how much was in your budget for training.
Mr. Blanar stated $3,500.00. I have used about $1,800.00 including this conference.
Mr. Griffin stated that is not necessarily just for you. It is for the entire staff. It requires training, CPR or anything else.
Mr. Blanar stated yes.
Mrs. Nacerino stated you will have your camp staffers trained in certain areas.
Mr. Blanar stated we have someone who donates her time to do the CPR First Aid Training. That is what they are mandated to have. Directors have other stuff.
Mr. O’Connor stated I think this has been a learning experience for Mr. Blanar.
Mr. Griffin stated we have two proposals relative to the air conditioning for the gym. I spoke with Ray about this and some of his predecessors as well. We all want to save money, but at some point we are going to need you to come up with some compelling reasons why we need to move forward with this. What additional revenues can you come up with to offset the costs of the installation of air conditioning in the gym portion.
We have two proposals. Lynstar for $14,900.00 and Fellenger who has done work for the Town in the past and they came in at $11,300.00. There are more than sufficient funds in
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 21
the engineering line to move forward. If we do not accept one of the proposals tonight, I don’t know if we will get this accomplished for the summer.
Mr. O’Connor stated it is hard to imagine now, but summer is coming. When we had the antique show and some other things they mentioned that if we had an air conditioned hall there would probably be more things they could have there. It was just too hot.
Mr. Blanar stated we had the military show in October. The Humane Society which was also in October and the Antique Show was in September. It was only 70 to 75 degrees outside and it was extremely hot in they gym. That is a main reason why camps won’t go in there. It’s so hot in there the floor even buckles.
Mr. O’Connor stated it would be wise to invest in this.
Mrs. Nacerino stated we should be very cognizant on what we spending. We need to prioritize. This is something we have been discussing for a couple of years. We do realize that this is something that is needed to ensure that our future programs at the Recreation Center are fruitful and we can continue to bring new programs on. I would be in favor of this. It is dollars well spent.
Mr. Kassay stated do we have to have sealed bids on this.
Mr. Griffin stated this is just for the engineering. This is just to find out what we need to do to get HVAC in there. They will come back with a cost estimate and depending on that cost estimate we may want to continue or not.
Mr. Kassay stated the installation fees will be high.
Mr. Griffin stated they will be approximately $80,000 and $100,000.00. I’m asking Ray to come up with a scenario of what he feels could be reasonably expected to increase revenues for having this available and what the time frame the Town Board is willing to accept recovery of the expense.
Mr. O’Connor made a motion that we proceed with the expenditure of $11,300.00 to Fellenger Construction Engineering Company for all the necessary work to prepare for air conditioning in the main hall.
Seconded by Mr. Kassay. All In Favor: 4-1. Opposed 1.
Mrs. Nacerino stated where is this $11,000.00 coming from.
Mr. Griffin stated the engineering line.
CONDITO OFFER
Mr. O’Connor introduced the following Resolution of Acceptance of Settlement Offer Regarding Town of Patterson v. Vincent Condito and Vista Development, LLC:
R-0209-07
WHEREAS, the Town of Patterson has commenced a proceeding against Vincent Condito and Vista Development, LLC in the Supreme Court of the State of New York, County of Putnam, Index No. 3243/08, to recover unpaid escrow fees paid by the Town of Patterson to the consulting engineers, Stantec Consulting Services, Inc., in connection with the Burdick Farms Subdivision application submitted by Vincent Condito and Vista Development, LLC; and
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 22
WHEREAS, Vincent Condito and Vista Development, LLC have agreed to pay the sum of Fifty-Five Thousand Twenty-One Dollars and Eighty-Three Cents ($55,021.83) to the Town of Patterson as and for a full and final settlement of the action; and
WHEREAS, the Town Attorneys, Curtiss & Leibell, P.C. are currently holding in escrow the sum of Fifty-Five Thousand Twenty-One Dollars and Eighty-Three Cents ($55,021.83); and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the offer of settlement proposed by Vincent Condito and Vista Development, LLC in the amount of Fifty-Five Thousand Twenty-One Dollars and Eighty-Three Cents ($55,021.83); and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the sum of Fifty-Five Thousand Twenty-One Dollars and Eighty-Three Cents ($55,021.83) as and for a full and final settlement of the action; and
BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby authorizes its attorneys, Curtiss & Leibell, P.C., to prepare any and all documents necessary to effectuate the settlement of the action; and
BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mr. Kassay. All In Favor: Aye. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
PERFORMANCE BOND GREEN CHIMNEY
Mr. O’Connor introduced the following Resolution for the Establishment of a Performance Bond for the Green Chimneys School:
R-0209-08
WHEREAS, Green Chimneys School own a parcel of land at 400 Doansburg Road identified as tax map 36.-3-19, and
WHEREAS, the Planning Board of the Town of Patterson has received an Application for an amendment to their site plan approval from Green Chimneys School in order to construct various improvements on the lot, as shown on a site plan entitled; and
WHEREAS, a motion was made and carried by the Patterson Planning Board at its January 8, 2009 meeting recommending that the Town Board of the Town of Patterson find that the cost of a bond, sufficient to cover construction and completion of the site improvements proposed, is determined to be in the amount of $222,000.00, with an inspection fee of $11,100.00, and
WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation made by the Patterson Planning Board;
NOW, THEREFORE BET IT RESOLVED, that the Town Board of the Town of Patterson hereby establishes the amount of the performance bond sufficient to cover construction and completion of the site improvements proposed for the Green Chimneys School, pursuant to the Town Code of the Town of Patterson as $222,000.00, with an inspection fee of $11,100.00, and
BE IT FURTHER RESOLVED, that the bond posted for the project be subject to prior approval by the Town Attorneys, CURTISS & LEIBELL, P.C., as to sufficiency and form.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 23
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
PERFORMANCE BOND 17 COUCH ROAD SUBDIVISION
Mr. O’Connor introduced the following Resolution for Establishment of a Performance Bond for the 17 Couch Road Subdivision:
R-0209-09
WHEREAS, 17 Couch Road Corp. own a parcel of land at 17 Couch Road identified as tax map number 24.-I-53, and
WHEREAS, the Planning Board of the Town of Patterson has received an Application for approval of a six lot subdivision from 17 Couch Road Corp. which requires the construction of various improvements on the lot to the public benefit, as shown on a subdivision plat entitled 17 Couch Road Subdivision; and
WHEREAS, a motion was made and carried by the Patterson Planning Board at its February 5, 2009 meeting recommending that the Town Board of the Town of Patterson find that the cost of a bond, sufficient to cover construction and completion of the site improvements proposed, is determined to be in the amount of $665,000.00, with an inspection fee of $33,250.00, and
WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation made by the Patterson Planning Board;
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 construction and completion of the site improvements proposed for the 17 Couch Road Subdivision, pursuant to the Town Code of the Town of Patterson as $665,000.00, with an inspection fee of $33,250.00, and
BE IT FURTHER RESOLVED, that the bond posted for the project be subject to prior approval by the Town Attorneys, CURTISS & LEIBELL, P.C., as to sufficiency and form.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
PUTNAM HUMANE SECONDARY SHELTER CONTRACT
Mr. O’Connor stated I was talking with Alan Jacknick, Dog Control Officer today and it is his recommendation that we table this until we come up with more definitive numbers.
Mr. Curtiss stated this is a facility that takes the dog after it has been at Brook Farm Veterinary for five days. They have a little clause that states “any additional services provided by the contract if applicable shall be billed in accordance with the contract proposal which is attached hereto”. There was no proposal attached.
Mr. O’Connor made a motion to table this until further clarification from Mr. Jacknick.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
OTHER BUSINESS
Mr. Kassay stated the January 28, 2009 Town Board meeting was cancelled because of the weather. For the record, we have a Personal Day request dated January 26, 2009 and it was a request for a day that has passed.
Mr. Kassay made a motion to approve the Personal Day request.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 24
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Kassay stated Mr. Williams can you please explain my next item.
Mr. Williams, Town Planner stated what Mr. Kassay is referring to are two letters we received from the DEC questioning our progress on two grant proposals. There are actually three grants involved in this. I don’t know where their third letter is. The history on this is I wrote three grants back in 2006 for the Town of Patterson. One of the grants was for an education program that was to be shared between the five Towns of Putnam County. We are still moving forward on that. I’m surprised to get that letter. It’s being worked on by our County Wide Stormwater Committee. Laurie Taylor is spearheading that along with Bruce Barber. I know they have been talking with Natalie about the progress they have been making on that one. There is a match to that grant. The match to the Town of Patterson I believe is $3,500.00. The other two grants were to do some stormwater monitoring. The DEC didn’t approve us for that, but they did approve us for something else, which wasn’t as critical as the other grant. The funding was put in place to proceed forward with that grant in 2007. A lot of the preliminary work and the work plan were done on that, but then in 2008 the funding didn’t appear in the budget that we needed for the match.
Mr. Kassay stated is that why they are talking about the third request.
Mr. Williams stated we haven’t proceeded forward because the funding got cut on both grants. The contribution by the Town of Patterson was in the neighborhood of $65,000.00 on both grants. On that particular grant we were probably using in-house services (inaudible) could pick up about $15,000.00 of that $65,000.00 and that still left a match at $50,000.00, which was not returned into the budget in 2008. At that point, we didn’t proceed forward. That is the bad news. The good news is I wrote another grant for $120,000.00, which we received and it is going to do some of the work that was contemplated by that other grant. That other grant would have done a lot more in fine tuning the efforts we need to restore water quality in that particular area. If the Board wants me to proceed forward with it I will work it out with Patricia Brooks, Town Comptroller.
Mr. O’Connor stated is she aware of this situation.
Mr. Williams stated she is not aware of it.
Mr. O’Connor stated she is writing the letter with the implications that we left town.
Mr. Williams stated not with those two grants in particular. I have been trying to work with the DEC to see if I could use other DEC funds with the match for that one because they are interested in a particular program. That hasn’t worked out. I am always looking for other avenues to fund these programs, so that we can do something with them to benefit our taxpayers.
Mr. Kassay stated thank you for explaining that and whatever you can get we would appreciate it.
Mr. Griffin stated I will speak to Ms. Brooks about this. Mr. Williams and I talk about this periodically. The one grant we talked about was almost like a demonstration grant for the DEC where they wanted us to monitor storm water on commercials.
Mr. Williams stated there is a discrepancy with the numbers that the DEC has given us and what we think the actual numbers might be as far as treatment we are going to get off of these sites for storm water. I wrote the grants so that we could set up some monitoring stations and do some retrofits and then actually monitor the storm water coming off so we could come up with harden fast numbers for this region. They love the idea of doing
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 25
retrofits, but not so much the monitoring, which put an end to the whole program. It wasn’t going to do what we wanted it to do.
Mrs. Nacerino stated even if you make an attempt to write the grants and submit it doesn’t necessarily mean you are getting the approval.
Mr. Griffin stated these grants are already approved.
Mr. Williams stated they want us to do the work. There is an obligation on the part of the Town.
Mrs. Nacerino stated so what is the alternative for the Town.
Mr. Williams stated turn the grants back in.
Mrs. Nacerino stated we need to accomplish a goal here.
Mr. Griffin stated again we get back to the same thing.
Mrs. Nacerino stated Mr. O’Connor stated we are eventually going to have to do this.
Mr. Griffin stated it is potentially going to have to be part of the MS4 Program, which brings us to a whole different conversation. Mr. Williams and I have been going back and forth with the State and originally we approved a grant a few months back and we hired Malcolm Perrnie to do work for us. The State came back and said the Governor put a stop to all the grant money. We spoke with Bill Harding who is in charge of the MS4 Program. Bill went to Albany and said the grant is coming. We told him when the check is in the bank, give us a call. Even with the grant that we have, all that is going to cover is a cost estimate and a scope of work and we still have no committed funding from any source to pay for all of this. The cost estimate has been in excess of $100,000,000.00 County wide. Now that we have the grant and hopefully the grant goes through Malcolm Pernie and he does the study. Then we will go back to the DEC and ask where are you getting the money from and they will tell us to go get the money. That is when the fight will start.
Mr. Kassay stated I for one do not want to see anyone in this Town spend a dime out of their pocket for what they are mandating.
Mr. Griffin stated this is why I caution ponying up to matching funds.
All parties continued to discuss the above topic.
PUBLIC RECOGNITION
Mr. John Taylor, Park Advisory Board stated I was remiss in telling you that the Mr. Hart at Mathew Paterson Elementary School is requesting permission once again to bring his third graders to the park to do their maple syrup study. Does the Town Board have any problems with that.
Town Board members stated no problem.
Mr. Taylor thanked the Board.
EXECUTIVE SESSION
There being no further business, Mr. Griffin made a motion to go into Executive Session at 11:05 p.m.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
PATTERSON TOWN BOARD FEBRUARY 11, 2009 PAGE 26
Mr. O’Connor made a motion to close Executive Session at 11:10 p.m.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at 11:10 p.m.
Mr. Griffin made a motion to bring the table motion back to a vote for the appointment of Sue Mangone to Part-Time Clerk to the Recreation Department.
Seconded by Mrs. Nacerino. All In Favor: Aye.
Mr. Griffin stated there has been a recommendation by the Town Comptroller that we make Janet Ravo permanent and we give her an annual increase of $2,000.00.
Mr. Griffin made a motion to approve the Comptroller’s request.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Kassay stated that is $2,000.00 for this year not on an annual basis.
Mr. Griffin stated yes.
Mr. O’Connor stated we are changing her base pay by $2,000.00 for 2009.
Mr. Griffin stated in 2010 she will get the normal raise that everyone else gets unless the Board chooses to give her a different raise.
Mrs. Nacerino stated this is in accordance with our raise policy which allows the Department Head to review six months probationary employee and recommend a raise.
Mr. Griffin stated this was a good policy that was instituted.
All In Favor: Aye. Carried.
ADJOURNMENT
There being no further business, Mr. Kassay made a motion to adjourn the meeting at 11:15 p.m.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK