PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

MARCH 12, 2008

 

MINUTES

 

PRESENT:      MICHAEL GRIFFIN, SUPERVISOR

JOSEPH CAPASSO, COUNCILMAN       

                        ERNEST KASSAY, COUNCILMAN

GINNY NACERINO, DEPUTY SUPERVISOR

EDMOND O’CONNOR, COUNCILMAN

ANTOINETTE KOPECK, TOWN CLERK

                        ANTHONY MOLÉ, TOWN COUNSEL

                        JENNIFER HERODES, TOWN COUNSEL

 

Salute to the Flag and Roll Call.

 

Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 9 in attendance.

 

REPORTS

 

Mr. Griffin made a motion to approve the reports as read:

 

Code Compliance Officer – December 2007, January, February 2008

Code Enforcement Officer – February

Dog Control Office – February

E.C.I. –  None

Putnam Lake Fire Department – None

Patterson Fire Department – None

 

Seconded by Mr. Kassay.  All In Favor: Aye.  Carried.

 

MINUTES

 

Mr. Kassay made a motion to approve the following minutes as read:

 

Town Board Meeting-Minutes - October 10, 2007

Town Board Meeting-Minutes - December 12, 2007

Town Board Meeting-Minutes - January 23, 2008

Public Hearing Minutes - Cold War Exemptions – January 23, 2008

Town Board Meeting-Minutes - February 13, 2008

Town Board Meeting-Minutes - February 27, 2008

Bid Opening Minutes – Street Sweeping – March 10, 2008

Bid Opening Minutes – Highway Materials – March 10, 2008

Bid Opening Minutes – Truck – March 10, 2008

Bid Opening Minutes – Tree Work – March 10, 2008

 

Seconded by Mr. O’Connor.  All In Favor: Aye.  Carried.

 

AUDIT OF BILLS

 

Mrs. Nacerino made a motion to approve the following bills chargeable to 2008:

 

General Fund $82,737.72, Highway Fund Item 1- General Repairs $7,678.96, Highway Fund Item 3-Machinery $34,074.50, Highway Fund-Item 4-Miscellaneous $3,695.33,  Highway Fund – Item 4-Snow $20,090.28, Front Street Sewer $318.02, Waste Water Treatment Plant $6,316.54, Capital Fund $493,698.74, Putnam Lake Light District $1,246.00, Patterson Light District $2,059.05, Putnam Lake Refuse District #1 $28,532.02, Patterson Refuse District #2 $21,815.56, Patterson Park District $50.00,

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Alpine Water District $530.00, Dorset Hollow Water District $835.40, Fox Run Water District $461.49, Grand Total Abstract $704,139.61.

 

Seconded by Mr. Kassay.  Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes.  Roll Call Vote Carried.

 

GINNY NACERINO

 

HOME RULE – DISCUSSION ARTICLE X PUBLIC SERVICE LAW

 

Mrs. Nacerino stated as you know two bills have been introduced to the legislature that would reauthorize Article X of the Public Service Law, which is to streamline the sitting and review of the approval process for electric generating facilities.  Correspondence was sent from Senator George Winner, Jr., Chairman, and New York State Coalition of Concerned Citizens.  The law which would establish a new permitting process for energy facilities in our State would appear that this would override Home Rule authority.  I think as a Board we are asked by George Winner to take some legislative action in support of not passing this bill because that would diminish the municipalities authority for Home Rule.  Does anyone have any input.

 

Mr. O’Connor stated he has read it and he agrees with it.

 

Mr. Griffin stated there are a couple of ways to look at this.  I can understand why the Public Service Commission is attempting to do this because it has gotten, especially with the concern in the environmental community to run transmission lines or pipelines or anything else has gotten to be a virtually impossible process because of lawsuits and Home Rule.  If you want to do a three or four mile pipeline you have to go through twenty or twenty-five municipalities and the regulatory process, the lawsuits, etc would take you ten years to get approvals.  The utilities have complained to the Public Service Commission and they have asked the Senate and the Assembly to give Article X more authority to circumvent Home Rule.  What the Town’s and the State are being asked to do is tell our Legislatures and Assemblymen that they do not want Home Rule compromised.

 

Mr. O’Connor stated I partially agree.  I do understand the long-range power transmission and especially natural gas and oil lines from Canada have been held up.  I agree that it is a problem with bringing power lines in from out of state or out of country and having every little community stop a five hundred mile line.  Mostly I don’t believe we should lose the power from the State.  You can’t put a two hundred foot wind generator in the back of my house.

 

Mrs. Nacerino stated I agree.  While I understand some of the logic that was presented to override current Home Rule and to supercede municipal planning, zoning, and decision-making, I think that as a municipality you need to take every step to ensure that doesn’t happen on any level.

 

Mr. Kassay stated I am in favor of not compromising Home Rule.  I do however have a concern with stopping certain projects entirely or making it nearly impossible to make our energy improved in many localities.  I feel we should maintain Home Rule and we should have more conversation with the State regarding this.

 

Mrs. Nacerino stated I think it is one way or the other.  I don’t know if we can take a position where we don’t want to diminish Home Rule and then we conversely say that we would be accepting a pipeline going through several municipalities and that would be ok.  I’m not quite clear on how we could differentiate or distinguish between the two.

 

Mr. Kassay stated that is when we will have to sit down, discuss, and negotiate with them to understand what their intent is.  If it is in the interest of everyone involved, then Town Board’s in those municipalities would be able to accept it.  There is a questionnaire that

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they are asking to be filled out and sent back to them.  If we have to add a second sheet to explain to them how we want to maintain our Home Rule.  We will also want the opportunity to sit down and negotiate with them on projects that could impact our County, I don’t think that is being unreasonable and that is the approach we should take.

 

Mrs. Nacerino stated no, absolutely not.  The Senate Bill 5908 /Assembly Bill 8697 has probably already hit the floor.  We could send a letter stating our position but I’m not quite sure that would carry any weight.

 

Mr. Kassay stated it would be the Board’s opinion.  We can say to them we want to maintain Home Rule but we also want to sit down and listen to what you have to say.  We also want to know what projects are up and coming and which direction you are going to take to implement these energy scenarios.

 

Mrs. Nacerino stated I think that would be a perfect solution however, I am not so sure they would entertain that.  We can certainly state our position if the whole Board agrees.

 

Mr. Griffin stated right now they are focused on the issue of Power Generation, whether it be wind farms or conventional plant.  It is not a big stretch to go from there to many other things.  The utilities are upset with having to go through protracted process with every municipality.  I can understand their concern.  In the end, years of litigation and hundreds of thousands of dollars maybe even millions in soft costs will be passed along to the consumers.  At the same time, possibilities will become more real that we could have serious problems in the summer when you need more electricity and the air conditioners are running.  They had this problem in California five or six years ago.  They consistently had rolling brown outs week after week until people started to get more realistic about siting a power plant and solving the problem.  When it becomes a serious problem here, that is when they will deal with it and it will take two or three years to fix.

 

Mr. O’Connor stated perhaps in the future a community such as ours could just say “no” to the gas line or “no” the power line will not transfer over or maybe we don’t like where you are going to put it, etc.  The community should be the ones who will be heard.

 

Mr. Kassay stated that direction will come from the people.  The same thing with the cell tower.

 

Mr. O’Connor stated yes, not someone sitting in Albany that doesn’t know our geographic’s and couldn’t care less.

 

Mrs. Nacerino stated the real issue is that Home Rule will be diminished. I would like to read the following:  Most importantly in order to protect our right to self govern under Home Rule adopt legislature that refuses to recognize constitutional “right (inaudible) which was instituted by our founding fathers and intended solely for individuals who are citizens of these United States to any and all corporations that they can do business in our communities by usurping our right to decide for ourselves.  The question is who gets to decide.  New York State has always prided itself on the fact that it is a Home Rule State.  I think that this is the crux of this whole Senate proposal.  Who would like to write the letter.

 

Mr. O’Connor made a motion that the Supervisor’s office be instructed to write a letter to maintain Home Rule.

 

Mrs. Nacerino stated with some of the input that Mr. Kassay presented tonight as well.

 

Seconded by Mr. Kassay.  All In Favor: Aye.  Carried.

 

 

 

 

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RECOGNITION – PETER REIBOLD

 

Mrs. Nacerino stated Mr. Griffin received an email praising the work that Mr. Peter Reibold has done for us in regard to the website, especially the Historical web pages.  I think it is befitting to acknowledge that Peter works very hard and he doesn’t charge us a lot of money to do the work he does.  I would like to publicly commend him on upholding the website for us and maintaining it.  He is doing a great job.  Thank you Peter.

 

HANNAH FEVER – RECAP

 

Mrs. Nacerino stated on Sunday, March 9, 2008 at the Patterson Recreation Center the Hannah Fever Concert was held for the children.  It was very successful.  We sold over 175 tickets for the kids.  Paul Fava’s granddaughter, Lara who is seven stated it was the best day of her life.  We realized a profit of $860.00.  I would like to thank the members of the Junior Recreation Board; Marlee Roche, Brianna, Stephanie Lopez, Sammie DeMarco, Shannon Martinez, Christina and Brittney Snell and also members of the Recreation Staff; Maya, Laura, Veronica and Kim who worked that day.  Melissa Brichta, Paul and Maryann Fava, Michael, Sue Brown and Ryan Brown who donated their time.  Thank you very much.

 

ASSESSORS REQUEST

 

Mrs. Nacerino stated there was some discussion at our January 23, 2008 Town Board meeting in regards to a project that needs to be completed by the end of March.  Mr. Boryk, Town Assessor’s request was to have his staff put in for some extra hours to complete the job.  At that time we authorized him to have thirty hours for Donna DiPippo and Dawn Pierro.  I spoke with him last week to see how he was coming along with the project because it was nearing the end of March.  In a memo to the Town Board dated March 10, 2008 Mr. Boryk has asked for twenty-five additional hours for Donna DiPippo and Dawn Pierro.

 

Mrs. Nacerino made a motion to accept twenty-five hours for each employee to complete the project due at the end of March.

 

Seconded by Mr. Kassay.  All In Favor: Aye.  Carried.

 

Mr. O’Connor stated just for the record that office is still short one full-time position and that is why they need more overtime.  It is not costing the department any extra money. That money is in their budget.

 

PERSONNEL REQUEST – JURY DUTY

 

Mrs. Nacerino stated one of our part-time employees at the Recreation Center was summoned to jury duty and served for three consecutive days and as a result, she lost her days wages.  We weren’t quite clear on how to proceed since there is nothing that addresses this in our personnel policy.  We asked Jennifer Herodes, Town Attorney to provide us some input and help on this and her response was that since the personnel policy does not cover this, Judiciary Law Article 16 shall apply.  The Judiciary Law makes no distinction between a part-time and full-time employee.  It is relevant that the law states that any person summoned to serve as a juror who notifies his or her employer prior to commencement shall not on account of absence be subject to discharge or penalty.  However, the employee may withhold wages of any such employee serving as a juror provided the employer shall not withhold the first forty dollars of such juror salary wages.  Simply put, the employer must be reimbursed for the daily wages up to forty dollars per day for a three-day period. 

 

Mrs. Nacerino made a motion stating what happens in the Brewster Central School District and being we don’t have any policy in place here, I will reference what they do in

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Brewster.  Any person serving jury duty shall be given their regular rate of pay and if any compensation were given from the Jury Board they would turn that over to the District.  I’m not sure if she was paid for the three days by the Dutchess County Courts, but if she was I would like to follow that procedure because I think it is fair and equitable that if she received a wage she should give it to the Town and we would pay her for her regular scheduled hours.

 

Seconded by Mr. Kassay.  All In Favor: Aye.  Carried.

 

RECREATION REQUEST SERVER/NEW HIRE

 

Mrs. Nacerino introduced the following RESOLUTION FOR AUTHORIZATION TO CONTRACT WITH BROOKFIELD TECHNOLOGY CENTER FOR A NEW COMPUTER SERVER:

 

R-0308-01

 

WHEREAS, the Town of Patterson has received a memo from the Recreation Center’s Administrative assistant Melissa Brichta indicating that computer technicians, HBNCS have determined that the Recreation Center’s current computer server is not adequate to process the programs being run along with storing the data for the center, and

 

WHEREAS, a Quote from Brookfield Technology Center has been obtained for the replacement of the server at a cost not to exceed Six Thousand Seven Hundred ($6,700.00) Dollars, and

                       

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of Brookfield Technology Center to replace the Recreation Center’s computer server at a cost not to exceed Six Thousand Seven Hundred ($6,700.00) Dollars, upon the terms, specifications and conditions contained the agreement annexed hereto, and

                       

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution, including authority to sign the attached agreement on behalf of the Town of Patterson.

 

Seconded by Mr. Kassay.  All In Favor: Aye.  Carried.

 

Mrs. Nacerino made a motion to hire the following employees to work at the Recreation Center.  Joseph Verde, Joseph Ilardi, and Christopher Conover at the rate of $7.50 per hour as Junior Recreation staff and Noreen Hoey as a part-time Adult Recreation staff at $10.00 per hour.

 

Seconded by Mr. O’Connor.  All In Favor: Aye.  Carried.

 

RECYCLING AWARENESS

 

Mrs. Nacerino stated I know that Mr. Kassay has worked for many years and has been instrumental in trying to bring recycling to the community and to raise the level of awareness to the community.  The Town over the past decade has taken a proactive approach to heighten this awareness but I think that we need to renew that.  We need to make people more aware of the importance of recycling and not only is it good for the environment but it is a quality of life issue and there is a Town law for recycling.  Mr. Kassay and I are going to work together to bring a level of awareness to our Town Constituents on the importance of recycling and kick off a campaign to do this.  We will reach out to the Homeowner’s Associations once again which I’m sure was done in the past as Mr. Kassay has indicated and spread the word through community groups and send out some press releases.  People have to be reminded how crucial it is to recycle.

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Mr. Kassay stated thank you.  I don’t know if you were made aware yet but there will be a press release on the article you have prepared.  Mrs. Antoinette Kopeck, Town Clerk spoke with Mr. Don Hall today and it will appear in the press in its entirety.  Thanks to Don Hall and Antoinette.

 

Mr. Griffin stated are you going to go out with the Sanitation Department.

 

Mr. Kassay stated whatever it takes.

 

Mrs. Nacerino stated the next thing coming down the pike is that there will be inspections.

 

Mr. Kassay stated we have tried to work with the Homeowner’s Association in these various locations. Mr. Frank Farrell, Coordinator of Sanitation and Recycling have in the past taken numerous pictures, letters have been sent out and apparently, it was ignored.  The biggest problem is within the condominiums and townhouses.  Single-family residents seem to partake in the procedure a lot easier.  This time, once we notify everyone of our new approach, we are going to do everything possible and then we are going to start doing inspections.  If they don’t comply, than we don’t pick up the garbage.  We need to take stronger measurers to have people comply and that is what we are prepared to do.

 

Mr. O’Connor stated I’ve seen some Town’s periodically pick someone at random and they open up their garbage and if they find nothing that isn’t supposed to be there they receive a prize.  If they do find something in their garbage that should be in recycling garbage then they get a summons.

 

Mr. Kassay stated that is a great idea.  It is an incentive.  It is a team effort.  All of a sudden, it will be like a contest.  People will take notice and say if I recycle like I am supposed to, I could win a prize too!

 

Mrs. Nacerino stated hopefully just educating and making people aware that it is the right thing to do would be incentive enough.

 

MICHAEL GRIFFIN

 

TOWN EMERGENCY PHONE NUMBER – DISCUSSION/IMPLEMENTATION

 

Mr. Griffin stated a couple of weeks ago we had a water outage at one of the condominium projects.  Some of the residents were able to get my cell phone number and called me up.  It was a Saturday and they called Town Hall and were a little frustrated that they could not reach anyone.  They called their property management company and they said they couldn’t help them and they told them to call the Town.  They called the State Police and 911 and a variety of others.  I was discussing it with a variety of people and my secretary Sue Brown suggested to check with our phone service to see what they could do.  Our phone system is capable of being programmed with an emergency mailbox and instructions to allow the emergency telephones to go to a mailbox and page up to four telephone numbers in sequence.  It is similar to what the alarm company does.  The whole cost to program the phone is approximately $180.00.  We could post this information to the web site, post it in Town Hall, and also add a note to the change of assessment.  The only question is who are the four people.  I would be number one, Dave Raines, Interim Building Inspector will be number two; Rich Williams, Town Planner will be number three; and Ginny Nacerino, Deputy Supervisor will be number four.

 

Mr. Griffin made a motion to approve the Emergency Mailbox for $180.00 to allow emergency telephone calls to go to a mailbox and page up to four telephone numbers in sequence as noted above.

 

Seconded by Mrs. Nacerino.  All In Favor: Aye.  Carried.

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HAZARD MITIGATION PLAN – DISCUSSION

 

Mr. Griffin stated Putnam County sent a letter in February 2008 urging us to participate and team with the County.  The County has received a grant from FEMA (Federal Emergency Management Agency) to prepare a Multiple Jurisdiction All Hazard Mitigation Plan.  What that means is if you do Hazardous Mitigation Plan and you have a major storm event, it helps FEMA with a quick response.  It also allows FEMA to give you more money for the damages that have occurred and more money up front to address some of the places where you might have consistent flooding or if a bridge is being flooded.  Dave Raines and I have attended the meeting on Monday March 3, 2008 at 7:30 p.m. and I will be on the Core Committee.  There will also be a Jurisdiction Committee, which will have a variety of people.  I suggest Dave Raines, Rich Williams, or myself for the Core Committee.  We will be working on the plan and it will be a benefit to the residents of the Town.  It will take some time to get in place but at least the County has received the grant and we are moving forward.  Anyone who would like to be on the Jurisdiction Committee please let me know.

 

TOWN PERSONNEL – SETTLEMENT

 

Mr. Griffin stated he will defer Town Personnel – Settlement to Executive Session.

 

COUNTYWIDE ASSESSMENT – DISCUSSION/APPOINTMENT

 

Mr. Griffin stated the County has come up with an idea that the Town’s will be better off if they do assessments countywide.  They have applied for and received a grant and they have sent out a RFP.  In an effort to continue this process objectively and with as much transparency as possible they are asking us to provide the following information and any evaluation criteria that you feel is important for the evaluation committee to consider.  The copy of your Town’s 2006 or 2007 if available audited financial statements and a recommendation signed by a majority of Town Board member’s for a person to sit on the evaluation committee.  I would strongly urge everyone to read the RFP and familiarize yourselves with this.  I have grievous concerns with the County taking over countywide assessments.  Currently there is probably somewhere between thirty and forty people working on assessments throughout the County and the various Towns, and Villages.  The County has two people working in their Real Property Services office right now.  The County is giving us an eighty percent tax increase in the last four years and Bob Bondi suggested that there will be another forty percent increase this year.  We spent a lot of money on computerizing the Assessor’s office. We have our assessments on the internet now and you can check everything on line.  The County does not have that ability currently.  From a technological standpoint, we are way ahead of the County.  If someone is interested in sitting on the committee, please let me know.

 

Mr. O’Connor stated they are not just talking about assessments they are talking about responding to the people who have questions.  That would mean we wouldn’t need an office here at all.

 

Mr. Griffin stated that is right.  You would have to go to the County and deal with them.

 

Ms. Lynn Andretta stated she would like to volunteer to be on the County Committee.

 

Mr. Griffin stated thank you.  I can’t think of anyone else who is better qualified.

 

EXECUTIVE SESSION – PERSONNEL/LEGAL

 

Mr. Griffin stated he would defer his Executive Session to the end of the meeting.

 

JOSEPH CAPASSO

 

NO AGENDA

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EDMOND O’CONNOR

 

DESTEFANO LETTER CONCERNS

 

Mr. O’Connor stated the letter from Mr. and Mrs. DeStefano is in regards to a personal matter and a traffic matter in their development.  I have left a message on their answering machine telling them that we would be discussing this matter at the meeting tonight.  If they did not receive my message, we will bring it up again at the next Town Board meeting.

 

ANNUAL LAWN MOWING CONTRACT – DISCUSSION/BID OUT

 

Mr. O’Connor stated he would like to authorize the Town Clerk to send out notice that it is time for the Seasonal Lawn Maintenance Contract.

 

Mr. Kassay stated I would like to have a few things added to the bids this year.  One would be three references to be included in the bids for comparable services.  The second thing would be a list of the equipment that they will use and how big the equipment is.  Some of the bidders did not have the necessary equipment to take care of what we want done. In addition, under Section 12 of the Notice to Bidders, it addresses insurance, county licenses and resumes.  In the previous bids, it states “brief resume” and I think the word “brief” should be omitted.  We should get a complete resume on every one that puts in a bid and stipulate that they need the $2,000,000.00 blanket that we had in place unless the Town Board would like to raise it. 

 

Mr. Griffin stated you really don’t want it to go any higher than $2,000,000.00.

 

Mr. Molé stated we have to clear it tonight because (inaudible).  I can make those changes and get them to Antoinette if the Board agrees.

 

Mr. Griffin stated the Town owns property on West Street running from the Little Red School house and up to Gardney Edney’s house that has a strip about three feet between the street and the side walk.  It is not part of the contract and I think it should be added.  Also, is there any reason why we couldn’t also make it a three-year contract as opposed to going through this year after year.

 

Mr. Kassay stated we should keep it as a year-to-year contract.

 

Mr. O’Connor agrees.

 

Mrs. Nacerino stated I would be in favor of a three year if the specifications and the work performed didn’t change year to year.  It is somewhat redundant if nothing changes from year to year.  If we could incorporate it into a three-year contract and there is no variables then what is the advantage of doing it one year as opposed to three years.

 

Mr. Kassay stated in all fairness the cost of insurance and fuel to run equipment, etc. could affect a three-year contract.  It might be unfair to the bidder if the costs rise every year.

 

Mr. O’Connor stated if I were bidding, I would be tempted to increase my bid enough to take into the possibility of extreme increases in gasoline and fuel, etc.

 

Mrs. Nacerino stated that might be a condition of consideration.

 

Mr. O’Connor stated to get into the details of whether or not the bid will be increased or decreased by the cost of gasoline or diesel fuel would be very difficult. 

 

All Board members continued to discuss the one-year versus the three-year bid for the lawn maintenance bid.

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Mr. O’Connor made a motion to change the specifications of the Annual Lawn Mowing Contract from the previous bids to reflect the items that Mr. Kassay brought up to reference equipment, insurance, resumes and the strip on West Street and a provision that would be entirely the option of the Town Board to do it on either a one year or three year basis.

 

Seconded by Mrs. Nacerino.  All In Favor: Aye.  Carried.

 

Mr. Griffin stated because the sewer plant is a District we will have to do a separate contract for that since it will have to be billed back to the District.

 

LOYALTY DAY – SUNDAY APRIL 27, 2008

 

Mr. O’Connor stated I received a letter from Mr. Robert Ulrich Commander, Putnam County Council regarding Loyalty Day 2008.  They would like to invite everyone to this year’s celebration to be held on Sunday April 27, 2008 at the Putnam County Veterans Memorial Park on Gypsy Trail Road in Kent.  It will begin at 10:00 a.m. and conclude at 4:00 p.m.  There will be a brief ceremony at 12:00.  Games and prizes for the kids, food, and beverages will be served after the ceremony and as always, everything is free.  This is a good cause and it is always good to go out and support our veterans who supported us many times in the past, future and in the present.

 

WATER QUALITY PLANNING & IMPLEMENTATION GRANT – RESOLUTION

 

Mr. O’Connor introduced the following Resolution for the 2007- 2008 WATER QUALITY PLANNING & IMPLEMENTATION GRANT:

 

R-0308-02

 

At a meeting of the Town Board of the Town of Patterson held at 1142 Route 311 Town Hall, Patterson, New York, County of Putnam, State of New York on the 12th day of March, 2008.

 

WHEREAS, the Town Board of the Town of Patterson (hereinafter the “Municipality) wishes to participate in the submission of an Application under the Water Quality Planning & Implementation Grant, and

 

WHEREAS, the Municipality has entered into an intermunicipal agreement pursuant to General Municipal Law, Article 5-G and Article 5-J to participate in a coordinated approach to developing means to comply with New York State Pollutant Discharge Elimination System (SPDES) General Permit GP-02-02 and GP-0-08-002 as it applies to regulated Municipal Separate Storm Sewer Systems (MS4), and

 

WHEREAS, the Municipality is located in the East of Hudson Croton Reservoir Watershed within which New York State Department of Environmental Conservation is implementing certain “heightened” standards for MS4 GP-0-08-002 permitees to provide greater protection of water quality within the New York City drinking water supply watershed, and

 

WHEREAS, the intermunicipal agreement heretofore mentioned created the Putnam County MS4 Coordination Committee for the expressed purpose of seeking and disbursing funds and making reports in furtherance of meeting the requirements of the MS4 Program, and

 

WHEREAS, the Putnam County MS4 Coordination Committee includes a sub-committee called the MS4 Stormwater Advisory Committee, and

 

WHEREAS, the MS4 Stormwater Advisory Committee has prepared on behalf of the Towns, an application that seeks funds from the Water Quality Planning &

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Implementation Grant Program administered by the New York State Department of State to conduct a study which will assist in meeting the “heightened” requirements of the MS4 Program, and

 

NOW THEREFORE BE IT RESOLVED, that the Municipality hereby supports and authorizes the submission of said Application to seek funding under the Water Quality Planning & Implementation Grant Program, and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson  hereby appoints the Town Supervisor or such person’s successor in office, as the representative authorized to act on behalf of the Town Board in all matters related to the Water Quality Planning & Implementation Grant Program; and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson authorized the Supervisor of the Town of Patterson to act on behalf of the Town of Patterson  in all matters related to the Water Quality Planning & Implementation Grant Program application, and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson authorizes the Town of Patterson to act as lead applicant in submission of the Application.

 

Seconded by Mrs. Nacerino.  All In Favor: Aye.  Carried.

 

PLCC REQUEST – WEED MANAGEMENT ASSISTANCE

 

Mr. O’Connor stated I received a letter from Barbara See from the Putnam Lake Community Council.  She is putting together a weed management program and would like to have a meeting to discuss funding.  I called the DEP’s current limnologist to ask for their input on this situation and with his input and the PLCC’s input, I’m sure we will come up with the best solution.

 

ERNEST KASSAY

 

PLAYGROUND MEDIC AGREEMENT

 

Mr. Kassay made a motion to authorize Playground Medic to perform the playground safety inspection and preventative maintenance at H. Ted Baumann Park not to exceed $1,400.00.

 

Seconded by Mrs. Nacerino.  All In Favor: Aye.  Carried.

 

COUNTY LETTER, SHARED HIGHWAY EQUIPMENT & PERSONNEL – DISCUSSION

 

Mr. Kassay stated I will read the letter from Karen Lee, Deputy County Attorney, regarding shared highway equipment and personnel:

 

Dear Supervisor Griffin:

 

We are considering an Inter-Municipal Agreement between the County of Putnam and the Town of Patterson whereby both municipalities may share highway equipment and/or personnel on an as-needed basis.  We seek your input regarding what resources the Town of Patterson might request under such an agreement, and would be grateful for the opportunity to speak with you at your convenience.  We will be contacting you in the near future to schedule a meeting.

 

Mr. Kassay stated what I would like to do is have a meeting with Charlie Williams, Highway Superintendent and see how receptive he would be and what his pros and cons

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would be.  After my meeting with Mr. Williams, I would then meet with the Town Board and discuss with you what I learned from him.

 

Mr. Griffin stated or if Mr. Williams would like to sit down with the County and a Board member.

 

Mr. Kassay stated I would take that upon myself with the approval of the Board.

 

Mr. Griffin stated I have no problem with you and Mr. Williams sitting down with the County to find out what they are looking for exactly.  On a number of occasions, the County has suggested they would be very happy to turn over the County roads to the Towns.

 

Mr. Kassay stated I’m sure they would.

 

Mr. Griffin stated there would be some modest compensation involved.

 

Mr. O’Connor stated we would come out on the short end.

 

Mr. Kassay stated if they re-paved and re-did all the County roads first it would be easy for us to take them over but obviously, that is not going to happen.

 

RELEASE OF BOND – GUIDING EYES

 

Mr. Kassay introduced the following Resolution for the RELEASE OF THE PERFORMANCE BOND FOR THE GUIDING EYES FOR THE BLIND SITE PLAN:

R-0308-03

 

WHEREAS, Guiding Eyes for the Blind own a parcel of land at 361 Route 164 identified as Tax Map No.24.-1-26, and

 

WHEREAS, Guiding Eyes for the Blind received approval from the Planning Board of Town of Patterson for site plan approval in order to construct various improvements on the lot, as shown on a site plan; and

 

WHEREAS, the Town Board of the Town of Patterson on October 10, 2001 established an amount for a performance bond sufficient of cover the cost of the proposed improvements in the amount of $12,300.00; and

 

WHEREAS, after review by the Town Engineer, and finding that the improvements are now complete, the Planning Board has recommended that the bond or other surety posted with the Town be released; 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 releases the performance bond for Guiding Eyes for the Blind Site Plan, in the amount of $12,300.00, and directs the Town Clerk and Town Comptroller to take all actions necessary to effectuate this resolution.

 

Seconded by Mr. O’Connor.  All In Favor: Aye.  Carried.

 

ESTABLISH PERFORMANCE BOND - BONIELLO

 

Mr. Kassay introduced the following Resolution for the ESTABLISHMENT OF A PERFORMANCE BOND FOR THE BONIELLO SITE PLAN:

 

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R-0308-04

 

WHEREAS, Anthony and Michael Boniello are owners of property located at 2176 and 2180 Route 22 identified as Tax Map No(s). 35.-5-28 & 30, and

 

WHEREAS, the Planning Board of Town of Patterson has received an Application for site plan approval from Anthony and Michael Boniello 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 March 6, 2008 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 $115,000.00, with an inspection fee of $5,750.00, 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 Boniello Site Plan, pursuant to the Town Code of the Town of Patterson as $115,000, with an inspection fee of $5,750, 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 Mr. O’Connor.  All In Favor: Aye.  Carried.

 

AWARD HIGHWAY BIDS

 

Mr. Kassay introduced the following RESOLUTION FOR ACCEPTANCE OF BIDS FOR MATERIALS FOR HIGHWAY DEPARTMENT and also the letter from the Highway Superintendent approving all the bidders on materials:

 

R-0308-05

 

WHEREAS, the Town Board of the Town of Patterson has duly advertised for Bids to purchase various materials for the Patterson Highway Department, and

 

WHEREAS, numerous bids were received for the items that were advertised, and

                       

WHEREAS, the Highway Superintendent has recommended that bids be accepted for the items listed on the Schedule ‘A’ annexed hereto and made a part hereof, and

                       

WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendations of the Highway Superintendent;

                       

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the following bids:

                       

All bids as listed on the attached Schedule ‘A’ which is made a part hereof, including the materials, bidders and costs indicated thereon.

                       

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any documents necessary to give effect to this resolution.

           

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Seconded by Mr. O’Connor.  Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes.  Roll Call Vote Carried.

 

EXECUTIVE SESSION – PERSONNEL/LEGAL

 

Mr. Kassay stated he would defer his Executive Session to the end of the meeting.

 

OTHER BUSINESS

 

EDMOND O’CONNOR

 

Mr. O’Connor stated I would like to ask the attorney if we can make it a Town policy that construction, additions, alterations such as ramps, lifts etc. that is done solely for the accommodation for the accessibility of a permanent resident handicapped person be exempt from the building permit fees and that handicapped person would have to be certified in a way similar to the way it is for defensive driving. 

 

Mr. Molé stated that would be something that would be up to the Town Board and you would have to change the local law.

 

Mr. O’Connor stated I don’t know if the Town Board would like to mull that over.

 

Mr. Molé stated we just recently changed the building department scheduled fees.

 

Mr. Griffin stated yes.

 

Mr. O’Connor stated the handicapped person would have to be a permanent resident and it cannot be for someone who comes here temporarily.  The handicapped person would have to be verified with a doctor’s note, as you would have to for a handicapped driver’s license.

 

Mr. Kassay stated I think it is worth pursuing.

 

Mr. O’Connor stated the VFW asked me to extend thanks to the individual members of the Board for taking a page in the VFW Journal for their sixtieth anniversary, which is coming out in April.


MICHAEL GRIFFIN

 

Mr. Griffin asked Mr. Molé if there was anything new regarding the Minolta Copier.

 

Mr. Molé stated he has not heard back from them.

 

Mr. Griffin stated we have had the repair person here another seventeen times.

 

Mr. Molé stated if you could continue to copy me on all the invoices, I will keep track of them.

 

Mr. Griffin stated Jane keeps track of all of that for you.

 

Mr. Griffin stated we have a letter from the Westchester/Putnam Council of Boy Scouts of America.  They serve families of more than ten thousand young people between the ages of six and twenty-one with more than three thousand adult volunteers.  They are looking for donations.  If anyone would like to support them, please let me know.

 

Mr. Griffin stated I have a letter from the Putnam County Economic Development Corporation cordially inviting the Town Supervisor to our first meeting in a series of educating and empowering sessions.  The first session will be held on March 24, 2008 at 6:00 p.m. at Corner Stone Park on Route 52 and Fair Street in Carmel.  There will be a

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hot buffet and refreshments for your convenience.  We anticipate a meeting length of about two and one half hours.  We hope to achieve the following; a better understanding on our part of the collective concerns of participating municipalities or constituents regarding development or simply stating we would like to know what kind of businesses you feel are suited to your area.  This is from Kevin Bailey and Tony Fusco’s.  Is there any Board member interested.

 

Mrs. Nacerino stated I will.

 

Mr. Capasso stated I will also.

 

Mr. Griffin stated good, thank you.

 

GINNY NACERINO

 

Mrs. Nacerino stated we received a memo from John Taylor, Chairperson, Park Advisory Board advising us that a meeting took place on March 5, 2008 regarding the baseball field at Patterson Veterans Memorial Park.  Mr. Arthur Ravo the new President of Patterson Little League introduced himself.  The Board discussed with Mr. Ravo the current conditions of the field and preliminary plans that had just been formulated with regard to the ball field drainage from North Street to the pond.  The fire department requested that a fire hydrant on North Street that would use pond water and the possibility of (inaudible) for combining all these issues into a major improvement plan.  Mr. Ravo introduced the idea that his organization may be able to budget some sand for this year and asked if the Little League could make minor improvements to the ball field using their sand.  Additionally he requested they be allowed to improve and repair the home plate area and the pitches mound as needed.  The Town Board discussed Mr. Ravo’s request and determined to allow Little League to make minor repairs as long as these actions are done by an organization not contracted or affiliated with the Town or Park District would be permitted but has to ask for the Town Board’s input and recommendation.

 

Mr. Molé stated it comes back to insurance.

 

Mr. Griffin stated if they are going to do work on the field they will have to provide us with a certificate naming us as additionally insured.

 

Mr. Molé stated other than that there is no issue.

 

Mrs. Nacerino stated she will call John for the certificate of insurance.

 

 PUBLIC RECOGNITION

 

None

 

EXECUTIVE SESSION

 

There being no further business, Mr. Griffin made a motion to go into Executive Session at 8:35 p.m.

 

Seconded by Mr. Kassay.  All In Favor: Aye.  Carried.

 

Mrs. Nacerino made a motion to close Executive Session at 9:30 p.m.

 

Seconded by Mr. Kassay.  All In Favor: Aye.  Carried.

 

Mr. Griffin called the meeting back to order at 9:30 p.m.

 

 

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Mr. Kassay made a motion that we grant Leslie Kraisky, Assistant Receiver of Taxes a three percent increase retroactive to January 1, 2008.

 

Seconded by Mr. O’Connor.  All In Favor: 4-1.  1 Opposed.

 

Mrs. Nacerino stated please let the record reflect that my no vote is in principle only.  This Board adopted a 2008 budget and sanctioned the salaries and we must maintain the integrity of our resolutions so my vote stands no.

 

Mr. Kassay made a motion to increase the Deputy Town Clerk’s salary to an additional three thousand dollars because she has taken on the added position of Registrar of Vital Statistics and the extra load of work in the Town Clerk’s office until the Town Clerk is able to hire someone to assist in her office.

 

Mrs. Kopeck thanked the Town Board.

 

Mr. Griffin stated she is worth every penny of it and a whole lot more.

 

Mr. O’Connor stated does that mean that when the other person is hired she will lose the three thousand dollars.

 

Mrs. Nacerino stated no there is a change in title.

 

Mr. Kassay stated no that will stay.

 

Mr. O’Connor stated I just wanted to make it clear.

 

Seconded by Mrs. Nacerino.  All In Favor: Aye.  Carried.

 

Mr. Griffin made a motion to add Rose Lane to the agenda.

 

Seconded by Mr. Kassay.  All In Favor: Aye.  Carried.

 

Mr. Kassay introduced the following RESOLUTION FOR AUTHORIZATION TO EXECUTE SETTLEMENT DOCUMENTS IN LITIGATION MATTER:

 

R-0308-06

 

WHEREAS, a litigation proceeding was commenced by the Town of Patterson, entitled “Town of Patterson against Dolores A. Wunner, as Executrix of the Last Will and Testament of Ernest R. Wunner; Estate of Ernest R. Wunner; and Manufacturers & Traders Trust Company, as successor by merger of Premier National Bank, as successor by merger of Ellenville Savings Bank, as successor by merger of Pawling Savings Bank,” Putnam County Supreme Court Index No. 795/07, in order to collect a performance bond relating to the approval by the Town of Patterson Planning Board of a subdivision entitled  “Final Subdivision Plat of Jaspar Woods...dated August 17, 1987, Revised August 29, 1988,” in which the roadway as shown on said plat, now know as Rose Lane, was to be constructed to Town specifications to be dedicated to the Town of Patterson, and

                       

WHEREAS, the respective parties have been involved in litigating this matter up to this point in time, and

                       

WHEREAS, the parties, through representation by their respective attorneys, have negotiated a settlement in this matter pursuant to the terms of the Stipulation of Settlement and related documents, copies of which are attached hereto and made a part hereof, and

 

 

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WHEREAS, the Town Board of the Town of Patterson has reviewed the Stipulation of Settlement and related documents, a copies of which are annexed hereto, and wishes to settle the aforementioned proceedings pursuant to the terms thereof, and

                       

WHEREAS, the Town Board of the Town of Patterson wishes to authorize the Supervisor of the Town of Patterson to sign the aforementioned documents in order to resolve the aforementioned proceedings;

                       

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor of the Town of Patterson to sign the Stipulation of Settlement and General Release, and authorizes the Town Attorneys to execute the Stipulation Discontinuing Action With Prejudice, copies of which are attached hereto and made a part hereof, to settle the aforementioned proceedings.

 

Seconded by Mrs. Nacerino.  All In Favor: Aye.  Carried.

 

Mr. Griffin made a motion to authorize Alan Jacknick an additional compensation for an increase in work requirements relevant to his position as Dog Control Officer for the Town of Patterson in the amount of $10,000.00 retroactive to January 1, 2008.

 

Seconded by Mr. O’Connor.  Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes.  Roll Call Vote Carried.

 

Mr. Griffin introduced the following RESOLUTION FOR AUTHORIZATION TO SETTLE ANN SMITH DISPUTE:

 

R-0308-07

 

WHEREAS, Ann Smith, a former employee of the Town of Patterson, has sent notice to the Town of Patterson through her attorney, that she is owed further compensation from the Town of Patterson after leaving her employment, and

                       

WHEREAS, the Town of Patterson, through Town Counsel, has negotiated a settlement with Ann Smith relative to this matter in which the Town agrees to pay to Ann Smith the sum of Twelve Thousand Five Hundred ($12,500.00) Dollars as and for full and final compensation to Ann Smith for her period of employment with the Town of Patterson in exchange for a General Release from Ann Smith in favor of the Town of Patterson;

                       

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the payment to Ann Smith in the sum of Twelve Thousand Five Hundred ($12,500.00) Dollars as and for full and final compensation to Ann Smith for her period of employment with the Town of Patterson in exchange for a General Release from Ann Smith in which Ann Smith releases and discharges the Town of Patterson from any and all liability relating to Ann Smith, which General Release shall be in a form acceptable to the Town Counsel, and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Paterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.

 

Seconded by Mr. Kassay. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; no, Mr. O’Connor; yes, Mr. Griffin; yes.  Carried 4-1, 1 Opposed.

 

 

 

 

 

 

 

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ADJOURNMENT

 

There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 9:35 p.m.

 

Seconded by Mr. Kassay.  All In Favor: aye.  Carried.

 

 

 

                                                                        Respectfully submitted,

 

 

 

                                                                        ___________________________________

                                                                        ANTOINETTE KOPECK, TOWN CLERK