PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
APRIL 25, 2007
MINUTES
PRESENT:
GERALD HERBST, COUNCILMAN
MICHAEL GRIFFIN, SUPERVISOR
ERNEST KASSAY, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
EDMOND O’CONNOR, COUNCILMAN
ANTHONY MOLÉ, TOWN COUNSEL
ANTOINETTE KOPECK, TOWN CLERK
Supervisor Griffin called the meeting to order at 7:30 p.m. with 11 in the audience.
Salute to the Flag and Roll Call.
AUDIT OF BILLS
Mr. Herbst made a motion to approve the following bills chargeable to 2007:
General Fund $93,768.94, Highway Fund-Item 1 General Repairs $15,068.68, Highway Fund-Item 3 Machinery $11,292.18, Highway Fund-Item 4 Miscellaneous $5,349.81, Highway Fund-Item 4 Snow $29,764.40, Highway Fund-Employee Benefits $15,438.13, Putnam Lake Fire District $295,630.00, Patterson Fire District $663,315.00, Putnam Lake Light District $2,335.37, Patterson Light District $3,853.66, Putnam Lake Refuse District # 1 $5.00, Patterson Refuse District # 2 $31,025.59, Patterson Park District $10,807.46, Alpine Water District $2,105.00, Dorset Hollow Water District $3,048.58, Fox Run Water District $2,442.42, Front Street Sewer District $255.13, Capital Fund $300,147.89.
Total Abstract $1,485,653.24
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
MICHAEL GRIFFIN
COMMUNITY PRESERVATION ACT
Mr. Griffin stated this is probably the third time this has been up on the agenda. Do we want to pass a resolution in support of senate bill 53153 to request that state senate adopt the bill that was previously adopted by the legislature, assembly last year or do we want to hold back up on this. What is your pleasure.
Mr. O’Connor stated when we spoke about it before we seemed to be…
Mr. Griffin stated well we were really not committing to anything. Basically all we’re doing is asking the senate to give the Town the option to consider…
Mr. O’Connor stated it seemed, I believe, the last time it came up we were generally supportive of having the option.
Mr. Griffin stated alright, is that the general consensus.
Board members stated yes.
Mr. Griffin introduced the following Resolution for the Endorsement of the Senate Bill 53153
R0407-09
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WHEREAS, the Town Board of the Town of Patterson recognizes and wants to maintain the qualities that make unique public spaces, natural areas, working farms and places of historic significance, and
WHEREAS, the Community Preservation Act allows towns to voluntarily plan for the future while providing us with the resources needed to purchase land for walking or biking trails, parks and open space, and
WHEREAS, the Community Preservation Act is legislation that would amend the tax law to authorize towns to impose a real estate transfer fee of up to two (2%) percent, with revenues to be deposited in a dedicated community preservation fund, and
WHEREAS, the Community Preservation Act wishes the opportunity to offer a referendum to the voters to create a Community Preservation Fund through a real estate transfer fee of up to two (2%) percent, and
WHEREAS, the Community Preservation Act would require the Town to complete a local community preservation plan, pass local legislation and hold a local voter referendum;
NOW THEREFORE BE IT RESOLVED, that the Town of Patterson fully supports Bill # S3153/A6450 that passed in the New York State Assembly on March 20, 2006, and strongly encourages that Bill 53153 be allowed to move to the Senate floor for vote in the current legislative session, and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Senators Schumer and Clinton, Congressman Jon Hall, Governor Elliot Spitzer, State Senators Bruno and Leibell, State Assembly members Silver and Ball.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
S.D.G. ASSESSORS REQUEST PROPOSAL – DISCUSSION/RESOLUTION
Mr. Griffin stated we got a proposal from S.D.G. Services relative to putting all of the Office of Real Property Services data on to the Town’s website. We discussed this at the last meeting. I was asked to get a proposal. The proposal includes the Image Mate Online software for $2,500.00, APEX Sketching Module for $545.00 and annual hosting services and software support of $100.00 per month or $1,200.00 annually. Is it the pleasure of the Town Board that we move to have all of our data online. The proposal has been endorsed by the Assessor’s office and they believe it would improve service to the Town residents as well as cut down some foot traffic in their office and help to make it a lot easier for people to get information if they want to contest their taxes or just find out what their property information is.
Mrs. Nacerino stated certainly a proactive measure to improve communication. I’m certainly going to support this measure.
Mr. O’Connor stated I think anything that makes it easier for people to get information that they would need to know to appeal should be fast and this is certainly so.
Mr. Herbst stated I agree that it certainly would help a lot of people that can’t get over here at least can get it online.
Mr. Griffin introduced the following Resolution for Authorization to Engage Services of Systems Development Group
R0407-04
WHEREAS, the Town of Patterson desires to obtain web based services that would make available all of the real property information currently viewable at the Town of Patterson public access stations in the Town Hall, and
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WHEREAS, Systems Development Group, Inc., 411 Trenton Avenue, Utica, New York 13502, has offered to provide said services at the cost shown on the April 15, 2007 proposal, a copy of which is attached hereto and made a part hereof;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of Systems Development Group, Inc. 411 Trenton Avenue, Utica, New York 13502, has offered to provide said services at the cost shown on the April 15, 2007 proposal, a copy of which is attached hereto and made a part hereof, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution, including authority to sign an agreement with Systems Development Group, Inc. on behalf of the Town of Patterson
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
STEGER – REQUEST FOR INCREASE FLOWS – DISCUSSION
Mr. Griffin stated Mr. Williams do you know if the current violations were ever cleared up out there.
Mr. Rich Williams, Town Planner, stated I don’t believe they have been.
Mr. Griffin stated I’m going to table this until another meeting.
LIBRARY REQUEST
Mr. Griffin stated I got a phone call from Patti Haar; they would like to make some modifications to the kitchen over at the community room; take a couple of cabinets out, redo some of the counter space and move the refrigerator so they can make a little sitting area in there; a lunchroom for the library employees and the court employees. I looked at it with Paul Fava, our director of operations and maintenance, and he didn’t have any problem with it, I didn’t see a problem with it. There are a couple of cabinets that would come out that seniors have a small amount of their belongings in. The library volunteered to pack that up for them and put them in containers so that they could use them until they move which we anticipate will be some time in May, June at the latest so if the Board has no objections I will let the library know that they can proceed to, at their cost, make some modifications.
Board members didn’t have a problem with it.
EXECUTIVE SESSION – LEGAL
Deferred until end of meeting.
GERALD HERBST
METRO NORTH PARKING LOT PURCHASE – DISCUSSION
Mr. Herbst stated we tabled it the last time but it’s on for discussion now but we really don’t have much of a choice do we Anthony.
Mr. Anthony Molé, Town Attorney, stated no, if we understand the contract provides that they could take the land. I spoke with Neil at MTA and he was basically saying that the form deed, everything is already attached to the contract and ready to go. The only issue that he knows was outstanding in the past was getting the meets and bounds description of the property which I don’t know if we have yet.
Mr. Williams stated yes, I sent that over to you so everything is good to go.
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Mr. Molé stated ok we are all set so we’ll prepare the deed then.
Mr. Herbst stated yes if that’s the feeling of the Board. We don’t really have much choice do we.
Mr. Griffin stated it’s a contractual obligation of the agreement that was approved when we made the deal with Metro North to acquire the property with the recreation center and take their $1.2 million so I don’t think we have a lot of wiggle room here.
Mr. O’Connor stated we took the money.
Mr. Griffin stated well we took the money and they’ve been maintaining the lot since it was built so they’ve lived up to their maintenance end of it and we haven’t had any issues with them so I think at this point if we’re ready to go we might as well fulfill the contract obligations they’ve been asking for for the last two years.
CLOTHING DROP BOXES – DISCUSSION
Mr. Herbst stated as you know they’ve been springing up all over Town in places they shouldn’t be. They’re on Birch Hill and they don’t only collect the clothing they wind up getting a lot of junk. I understand there was a bench at the one on Birch Hill Road. Somebody picked that up.
Mr. Griffin stated there’s a vacuum cleaner or something out there next to it today.
Mr. Herbst stated so that’s what’s happening and we discussed it a little bit today and I think we have to get in our code about the boxes that they have to be put in only certain places and they should request it from the Town Board to get permission first and then get site from the Planning Board.
Mr. Griffin stated I agree. I think there should be some request put in as to where they are going to be located. We did have an enormous problem with the one on Front Street; seemed like every weekend everybody cleaned out their basement and brought the stuff over there. We have them up at the park and ride here on 311 and 84. There’s a mess over there on a regular basis so I think that it’s something that we should probably look into.
Mr. Herbst stated ok then we’ll have to get something ready and set up a public hearing and go through it from there.
SIDEWALK PROPOSAL FOR RECREATION CENTER – DISCUSSION
Mr. Herbst stated you all have a copy of the proposal for the recreation center. We have the relocation of the refrigerators; I guess that should be first, the refrigeration unit.
Mr. Griffin stated my recommendation would be lets put the project out to bid for the sidewalks; see what the numbers come in at and it’ll make sure that we are in budget or that we would have the money in the budget to do that and then we can make the motion to move the refrigerant lines if we decide to go forward with the project. Just for everybody’s information, the recreation center we originally built with an entrance on the west side of the building and there’s a four foot overhang that we were originally going to put a sidewalk in. It was left out of the original bid and when we went to the contractor he wanted about $7,000.00 to put in about 80 to 100 feet of sidewalk or a little more than that so we decided not to do it at that time and we’ve had a request from the recreation center to consider it because it would make accessing the back rooms of the building a lot easier. It would keep traffic from walking through the building where there are activities or other things going on and people could get to the game room without going through the meeting room or the big room because a lot of times there’s karate classes or something else going on in there and if you have 25 people that are there for another
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program, arts and crafts, etc. they have to either go through the gym or they have to go through the main room so we’re going to look into the possibility of putting a sidewalk in and at the same time there’s a compressor out there for the air conditioning unit that would have to be – the pipes would either have to be raised or buried so we have a couple of proposals. We have three prices for the moving of the refrigerant lines and at this time we’ve got a proposal from the recreation center a request for proposal that we could put out to bid.
Mr. Herbst made a motion that we authorize the Town Clerk to advertise request for proposals for blacktop sidewalk at the recreation center.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
NYCONN ADDITIONAL CAMERAS PROPOSAL FOR RECREATION CENTER – DISCUSSION
Mr. Herbst stated the recreation center, the big room where the kids are playing and in the back room we have them all separated and there is no way if we are short of help because many times we have been, there might be only one or two people on at night, there’s no way of knowing what’s going on in one room and in the other. You might be able to watch one but you can’t watch both and so what we would like to do is set up cameras with the main unit in the reception room so that somebody in the reception room can see what’s going on in each of the other rooms. I don’t think we’ve gotten any prices on that yet.
Mr. Griffin stated we have one but we’re probably going to have to put together a request for proposal on this as well. Basically it will help us to have a record of – we recently had a backboard shattered down there and the young man claimed that it was accidental, he got his finger caught in the net and when the rim broke and then went back up the backboard shattered which, after talking to the manufacturer and a few other people, became pretty apparent that that was a load of bull and the fact is at the time one of the monitors that was supposed to be in the gym was taking care of an altercation in the game room so the thought was is that we could help to improve the way things are monitored down there as well as also have a video record of any vandalism or damage that may take place so that is what the proposal is for.
Mrs. Nacerino stated I think it is certainly necessary to ensure the safety not only the employees but the patrons of the recreation center as well.
Mr. Griffin stated well we’ve had some graffiti issues down there and a couple of other things too.
Mr. Herbst stated I think we should go out and we should start getting some bids.
Mr. Griffin stated well yes I would at this point if the Board’s in agreement then the next step would be to put together request for proposals and then seek bids.
Board members were in agreement.
SUMMER HELP
Mr. Herbst stated we’re going to table this because we haven’t heard from all the departments yet as to whether they’re going to need any extra help in the summer.
PATTERSON LITTLE LEAGUE LETTER
Mr. Herbst stated you’ve all gotten the letter. They had three requests on there. The problem seems to be the parking between their parking lot that United Soccer uses on occasion and it has gotten to be a little bit of a problem and I don’t know how we can resolve that but that’s something that I think would have to be resolved between them.
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They would really have to put a monitor there.
Mrs. Nacerino stated well we’ve had ongoing dialog at the Park Advisory Board meetings pertaining to this and I thought there was some resolve last spring when this came up.
Mr. Herbst stated well I thought it was too, but evidently it’s on here now on their letter to the Town Board.
Mr. Kassay stated I think Mr. Mike Turnyanszki’s suggestion in the letter that possibly the scheduling of the games need to have a longer time frame between each event in order to have people clear the parking lot from the prior event in order to leave enough time for people to come in for the next event. I thought this was a good suggestion. I wasn’t clear on who was going to pursue this.
Mr. Herbst stated that’s the whole thing.
Mr. Kassay stated I believe he said something about the park district pursuing it.
Mrs. Nacerino stated I don’t think it’s under their purview though, Ernie.
Mr. Kassay stated somebody has to take the lead to help resolve the problem.
Mr. Herbst stated I went through this whole thing last year. I guess I’ll go through it again.
Mr. Kassay stated ask them to see if there is something they could do about the scheduling of the soccer games. If they could push it back by 30 minutes to an hour, that would solve the problem.
Mrs. Nacerino stated there was some discussion about a gatekeeper and pursuing stickers.
Mr. Kassay stated it costs money to do that.
Mrs. Nacerino stated it costs money to do that but it’s not under our purview to dictate to the soccer league or the little league the times of their games.
Mr. Kassay stated we could suggest.
Mrs. Nacerino stated we have.
Mr. Griffin stated well the other potential suggestion, and the reason the little league is frustrated is because Carmel United Soccer uses the Town park but they overflow the parking into the little league so the other possibility is we should maybe consider talking to the park caretaker and open up that other area where we park during community day as to maybe making that available to Carmel United Soccer then they’ll have some place to park their cars.
Mr. Herbst stated well that would be all well and good except that if they come on the day after it rained and now…
Mr. Griffin stated I’m just saying that there’s a few things to look at; one of the problems is a lack of parking at the Town park.
Mr. Herbst stated we had discussed that; as you remember we discussed about making a parking area there.
Mr. Griffin stated well yes I know and that didn’t go over real well with the park board. I would take this back to the park board and say look what do you want to do with it because if we’re going to allow Carmel United Soccer to use the park knowing that there
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is inadequate parking out there at the park, this problem is not going to go away. I think the park board is going to have to give a little ground on this and cooperate and see what we can do.
Mr. Herbst stated alright, I will talk to them again.
Mr. Griffin stated if they want to put some item 4 out there then maybe we can talk to Charlie and see if he’d be willing to go out there and do a little grading and a little item 4 or something and make a little extra parking but the Town isn’t completely out of the loop on this one.
Mr. Herbst stated ok they will meet next Wednesday and then I’ll see how we come out on that.
Mr. Griffin stated are you going to take up number three next Wednesday as well.
Mr. Herbst stated I don’t have a choice.
Mr. Griffin stated well the little league is asking for a waiver of the annual Town park fees again. The park board has consistently said no, we think they should pay the fee so I think the only thing is to bring it up and see what they say.
Mr. Herbst stated I can tell you what they’re going to say, but I’ll bring it up.
Mr. Griffin stated I had a discussion with the Town Planner today about their request for a shed and we agreed that a shed out there wouldn’t be an issue; the metal container is what they’ve constantly been asking for and we know that that’s not in the zoning so we can follow up with Mr. Servider and let him know that the Town has no objections to a shed out there. If they put a building type thing out there that’s fine. If they want a metal container or a pod or something then that’s going to be an issue.
EDMOND O’CONNOR
BURDICK BARN
Mr. O’Connor stated we have the saga of the Burdick barn. We have a tentative proposed contract that they made a number of changes to and they would like to see made. None of them look like deal breakers. The Town Supervisor made a comment on their changes but I think this is only dated yesterday.
Mr. Griffin stated yes, I know; we only got the proposal I think the end of last week.
Mr. O’Connor stated I think it’s moving ahead. These are more technicalities. A lot of it is repetitious. Mr. Griffin doesn’t want to be the only person in Town authorized to be on site to discuss all matters pertaining to moving the barn.
Mr. Griffin stated nor does Mr. Griffin want to be the one assuring that their insurance certificates are adequate or legal. We have a codes enforcement officer, we have a fire inspector, we have a Town engineer; we have a lot of people that may need access. Charlie Williams may have some comments because they are going to be going in and out on his road so no, there’s no way we are going to agree to that.
Mr. O’Connor stated it says that you would have to be there for them to be there and I’m sure you have better things to do on some occasions.
Mr. Griffin stated no, that part is not going to fly.
Mr. O’Connor stated so we should take a look at that and see what Anthony thinks.
ZONING BOARD REQUEST – DATE CERTAIN – UPDATE
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Mr. O’Connor stated Mr. Williams has prepared a rather comprehensive statement of what some of our problems are in having accessory apartments and approving long term dwellings that have another unit in it and it was sent to our attorney. Until such time as that comes back, we should stick with the fact that unless it’s a clearly before the zoning codes of the Town of Patterson went into effect, we won’t entertain any approvals for people claiming to have had some past approval for a two-family house or an apartment. As soon as I get the changes from Anthony and we incorporate them into Mr. Williams’s secondary apartments comprehensive plan statement, I will make copies for the Board and we can move ahead with this but it’s not something that has to be done overnight but it’s very timely. This item was tabled.
CONTRACTOR APPRENTICESHIP PROGRAM
Mr. O’Connor stated this is a bill from the state of New York, the apprenticeship program bill, authorizing government entities to require the contractors and subcontractors on construction contracts to have an approved apprentice agreement long term. Everybody seems to agree that this should be a wonderful thing to do that down the road we would have more young people who had been apprenticed and trained in the trade. The list of towns that have already passed the resolution runs from Babylon to Troy. The sample that seemed the simplest was the Town of Greenberg and the only thing I think that we still have to resolve before we make a formal resolution on this is the number, the amount. Greenberg decided on $100,000.00 or more under the provision of the section of New York state labor law. Before we move ahead we have to determine what number we think is the best number to put in there.
Mrs. Nacerino stated do we make a determination this evening.
Mr. O’Connor stated this is not one of those things that they’re beating at the door to give them an answer.
Mr. Griffin stated then since we don’t have any immediately pending projects…
Mr. O’Connor stated if we had a project coming up that was somewhere between $100,000.00 or $250,000.00 I’d say we had to move on it but we don’t have anything, not this week anyway.
Mr. Griffin stated contracts are already out for the sewer plant and other than that we don’t have anything immediately on the radar screen so there’s no real big rush then.
Mr. O’Connor stated no, but if we could think about what would be the size project that we would get involved with in the future where it would be worthwhile for the contractor to develop an apprentice program for that – we are not going to have an apprentice program for laying the pavement at the rear door of the recreation center, but if we could think of a number that’s not too low as to be unreasonable but not so high as to be outside the scope of anything we ever do again.
Mr. Kassay stated I would be curious to find out how the town of Greenberg came to realize that number. I will call and check on how they arrived at that number.
Mrs. Nacerino stated naturally call a few of the municipalities just to get a good number.
Mr. O’Connor tabled this item until further information is obtained.
NYS DEC LAND ACQUISITION – HAVILAND HOLLOW ROAD
Mr. O’Connor stated we got a letter from the DEC with a map. I think we are all aware of the property in question; it’s pretty much a wetland. Such an acquisition would form a tremendous linkage of already protected open space that includes the Michael Ciaiola county property and the Haviland Hollow conservation area. The Trust for Public Land would be interested in hearing from us if we have any questions. I spoke with them and
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all I told them was I thought it was a great idea. If anybody has other ideas we could either call or make some expression here. Does anyone think that’s it a bad idea. It would probably happen anyway.
Mr. Griffin stated the only problem with the Trust for Public Land statement is that it comes off the tax rolls.
Mr. O’Connor stated I don’t know how much it’s taxed now.
Mr. Griffin stated you are probably right, it’s totally undevelopable land.
Mr. O’Connor stated it would be nice to see Patterson getting undevelopable land into the open space program and maybe some developable land into developed land.
Mr. Griffin stated I’d rather see the state take it. The state at least pays taxes.
PARTNERS IN SAFETY CONTRACT APPROVAL/RESOLUTION
Mr. O’Connor introduced the following Resolution for Appointment of Partners in Safety, Inc. as Administrator of Town Drug Policy
R0407-05
WHEREAS, the Town Board of the Town of Patterson has adopted an alcohol and drug policy in accordance with the Omnibus Transportation Employees Testing Act of 1991 and United Stated D.O.T. Regulations; and
WHEREAS, Partners In Safety, Inc. has offered to administer the drug testing required under the Town’s alcohol and drug policy at the cost indicated on the attached Drug and Alcohol Testing Agreement for 2007; and
WHEREAS, Partners I Safety, Inc. has offered to provide services as requested by the Town in accordance with the attached Agreement; and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal submitted by Partners In Safety, Inc. to administer the Town’s drug and alcohol policy;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the terms of the “Drug and Alcohol Testing Agreement – 2007” submitted by Partners In Safety, Inc. to provide alcohol and drug testing for the 2007 calendar year, a copy of which is attached hereto and made a part hereof; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents required to give effect to this resolution.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
ERNEST KASSAY
ADVERTISE LAWN BID
Mr. Kassay stated at the last Town Board meeting I tabled the lawn bids because I was not finished checking out what was in the lawn bid packet.
Mr. Kassay made a motion to reject the bids that were to be awarded on April 25th for the lawn maintenance bids for the Town of Patterson.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
Mr. Kassay made a motion to authorize the Town Clerk to readvertise for lawn
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maintenance bids to appear in the Putnam County Press on May 2nd with a bid opening on May 8th at 10:00 a.m.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
RELEASE OF PERFORMANCE BOND – GAGLIARDO/ALLEN
Mr. Kassay introduced the following Resolution for Release of a Performance Bond for the Gagliardo/Allen Lot Line Adjustment
R0407-06
WHEREAS, Peter Gagliardo own a parcel of land at 61 Allen Drive identified as tax map no. 25.-1-61, and
WHEREAS, the Planning Board of Town of Patterson approved an Application for a lot line adjustment from Peter Gagliardo which requires the relocation of a stone wall on the lot, as shown on a lot line adjustment plan entitled Lot Line Adjustment prepared for Peter Gagliardo and Ross Allen; and
WHEREAS, the Town Board established a bond in the amount of $5,700.00 to ensure completion of the stone wall which has been posted by the property owner with the Town, and
WHEREAS, the Town Planner has inspected the wall and found that the work has been satisfactorily completed.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby releases the performance bond for the Gagliardo/Allen Lot Line Adjustment in the amount of $5,700.00.
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to return any passbook savings account including and interest accumulated thereon, or may issue any letter of this decision to any surety.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
PUBLIC HEARING – TOWN ROAD INTERSECTIONS
Mr. Kassay made a motion to authorize the Town Clerk to advertise for public hearing for Town Road Intersections on May 9th at 7:30 p.m.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
PUBLIC HEARING – STATE ROAD INTERSECTIONS
Mr. Kassay made a motion to authorize the Town Clerk to advertise for public hearing for State Road Intersections within the Town of Patterson on May 9th at 7:30 p.m.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
HOUSEHOLD HAZARDOUS WASTE DAY
Mr. Kassay stated Household Hazardous Waste Day will be held on May 19th in Putnam County to dispose of computers, TV’s, hazardous waste, cell phone clean up day. It is at 9:00 a.m. through 1:00 p.m. at the Department of Health at Geneva Road in Brewster. If anyone is interested, please call 845-278-6130 ext. 2150.
GINNY NACERINO
EMPLOYEE HANDBOOK PROPOSAL
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Mrs. Nacerino stated in an effort to help insure compliance with government regulations and establish better communication of employees and gain consistency in the application of the work rules, I would like to put forth the following:
Mrs. Nacerino made a motion for Public Sector Human Resources Consultants for an amount not to exceed $6,000.00 to develop an employee handbook and training schedule.
Seconded by Mr. Herbst. Roll Call Vote: Mr. Herbst; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
APPOINTMENT OF ACTING DEPUTY ASSESSOR
Mrs. Nacerino introduced the following Resolution for Appoint Acting Deputy Assessor
R0407-07
WHEREAS, the Town Board of the Town of Patterson desires to appoint an Acting Deputy Assessor to fill the position of Deputy Assessor, and
WHEREAS, the Town Board of the Town of Patterson feels that Donna DiPippo is the most qualified individual to hold the position of Acting Deputy Assessor;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Donna DiPippo to the position of Acting Deputy Assessor, until further notice of the Patterson Town Board, and
BE IT FURTHER RESOLVED, that Donna DiPippo shall be compensated at the rate of $22.86 per hour, and
BE IT FURTHER RESOLVED, that Donna DiPippo’s hours, sick leave, vacation time and all other terms of employment shall be governed by the Town of Patterson Employment Policy.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
DIRECTOR OF CODES ENFORCEMENT POSITION/RESOLUTION
Mrs. Nacerino made a motion to authorize the Town Clerk to advertise for public hearing for the classification title change of the codes enforcement position.
Seconded by Mr. Kassay.
Mr. Griffin stated just so everybody is clear, the state and the county has provided us with a job title based on the job description that we gave them that they want to classify it as director of codes enforcement whereas the Town code currently reflects the position of codes enforcement officer so based on advice of counsel we have to advertise to change the Town code to reflect what the county requires for the job title. The public hearing will be held at the next Town Board meeting to make that code change.
All In Favor: aye. Carried.
WASTEWATER TREATMENT PLANT CHANGE ORDER
Mrs. Nacerino introduced the following Resolution for Authorizing Change Orders of Laws Construction for the Patterson Wastewater Treatment Plant
R0407-08
WHEREAS, the Town Board of the Town of Patterson has approved the construction of a wastewater treatment plant and collection system, hereinafter known as the Hamlet Sanitary Sewer System, that will provide wastewater treatment for several users including
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Patterson Village Condominiums, Cornwall Meadows Townhouses, Covington Greens Townhouses, twelve parcels on Front Street and the Carmel Central School District (hereinafter referred to as the “project”), and
WHEREAS, the Town Board has entered into a contract with LAWS Construction Corp., 34 Irvington Street, Pleasantville, New York 10570, to provide the Town with Construction services in relation to the project, and
WHEREAS, the Town Board has entered into a contract with Stearns & Wheler, LLC, Environmental Engineers and Scientists, 35 Corporate Drive, Suite 1000, Trumbull, Connecticut 06611, to provide project management and related services in connection with the project, and
WHEREAS, LAWS Construction Corp. has submitted a request for two change orders relating to the project, and
WHEREAS, Stearns & Wheler, LLC has reviewed said change order requests, and has approved the change order requests in the total amount of $3,494.55, by letter dated April 11, 2007 to the Supervisor of the Town of Patterson, which letter is attached hereto and made a part hereof, and
WHEREAS, the Town Board of the Town of Patterson wishes to approve the change orders in the amounts approved by Stearns & Wheler, LLC in the attached letter dated April 11, 2007;
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby approves the two change orders submitted by LAWS Construction Corp. in the amounts approved by Stearns & Wheler, LLC, as such change orders and the cost thereof are set forth in the letter from Stearns & Wheler, LLC dated April 11, 2007, a copy of which is attached hereto and made a part hereof, and
BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby approves the payment to LAWS Construction Corp. in the sum of $3,494.55 for the subject change orders, and
BE IT FURTHER RESOLVED that the town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents and to take any and all action necessary to give effect to this resolution.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Mr. Griffin stated what we have here is about $3,500.00 worth of changes that had to do with problems that were encountered out at Covington Greens; when they were excavating for the sewer plant the forced mains as well as the pump station, they hit some wires that did not show up on the as-builts so they were required – we were required to do the repairs so it will come out of their contingency fund.
RECREATION – NEW HIRE
Mrs. Nacerino made a motion to approve the position for a night and weekend monitor at the recreation center. The recommendation is for Mary Wiltshire.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
EXECUTIVE SESSION – PERSONNEL
Deferred until end of meeting.
OTHER BUSINESS
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Mr. O’Connor stated May 5th is clean-up day where you pick up debris along the road by your house. Hopefully everyone will pick up the trash in front of their property.
Mr. Griffin stated we have a crew of volunteers that are going to be at Cornwall Hill ballfield this weekend for refurbishing the fields, sprucing it up, cleaning it up and getting it ready for softball and they’ve asked that the Town – they will put the clay, move the clay and put it on the infield if the Town is willing to buy the clay.
Mr. Griffin made a motion that we authorize Avanti and Sons, Inc. of North Idaho Avenue, North Massapequa to deliver 36 tons of clay for an amount not to exceed $1,404.00.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
PUBLIC RECOGNITION
Mr. Mike Semo stated this deals with item 5c. Just a curiosity, what’s your policy currently when there’s an accident by a Town employee; what happens, is there any checking for drugs or anything like that. Do you have a policy that talks to bringing in a particular agency. I know this is kind of separate but it begs the other question.
Mr. O’Connor stated I presume now that the policy is up to the police investigators. The policy does mandate if it is a covered title or a covered license, the CDL licenses they are mandated that they do certain things.
Mr. Semo stated I know at the county we – if it’s a county employee we try and bring in state police or someone else other than sometime the sheriff because it could be a potential conflict of interest. My last question deals with item 6c, public hearing Town road intersections. What does that mean to have a public hearing on it.
Mr. Kassay stated what started it was the stop sign at Leibell Place and Route 311. In going through the code book, there were other intersections that were detected when we could not locate when the law was actually passed so I’m going to do it all in one shot with this one. I will also address all the state road intersections as well; namely Route 22 and Old Route 22. We have to adopt a local law and get it approved by the D.O.T. with the permit before it can actually go into effect.
Mrs. Nacerino stated just one last thing before we adjourn; I’d like to mention that on Friday night, April 27th we will be hosting a fashion show and expo for women and wellness at Thunder Ridge and I invite all the ladies in the audience to attend and for all you gentlemen, please extend that invitation to your wives. The ticket donation is $25.00 and the proceeds will be donated to the American Cancer Society in honor of Dawn Pierro, an employee of Town Hall, and also Danielle Smith who is a 22 year old girl that they are both battling cancer so this event should prove to be successful. I’m very excited about it and please extend the invitation.
Mr. Robert Odell stated this goes back to Paul Piazza, the article in the paper two weeks ago. How many hours overtime did he have or comp. time that we had to eat.
Mr. Griffin stated the charges listed about $1,200.00. We didn’t eat it; it became a wash with his accruals. It was actually – he lost out on the deal.
Mr. Odell stated well if he was fired you wouldn’t have had to – that suspension would have carried through right.
Mr. Griffin stated all of the time, according to the Town’s special counsel, the accruals that he had had prior to being suspended he was entitled to.
Mr. Odell stated prior to being suspended. That 30 day suspension period we wouldn’t have had to pay him for that.
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Mr. Griffin stated no but he had a significant amount of sick time and some vacation time and personal time that he had accrued prior to being suspended that we were under obligation to pay.
Mr. Odell stated alright now, last meeting you approved Melissa Brichta’s 28 hours of comp. time. That’s a good thing, you’re exercising oversight. Why wasn’t that done with Piazza.
Mr. Griffin stated if you looked at his time sheets and I’m going to have to be careful here because there’s some agreements in place that were recommended; if you looked at his time sheets, his time sheets reflected anywhere from 1 ½ hours to 2 hours per pay period where he’d say he came in a ½ hour early here, ½ hour early there, nothing on his time sheets was particularly outstanding in the reviews. There was nothing extraordinary about them, no 5 hours here or 10 hours there or something along those lines so it was never really flagged.
Mr. Odell stated have you put anything in place so this doesn’t happen again.
Mr. Griffin stated absolutely.
Mr. Odell stated they have to get prior approval for overtime or at least let you know the very next day or something like that.
Mr. Griffin stated those are now being required on a bi-weekly basis that all of those are reviewed against the logs etc., etc. so yes there is a system in place.
Mr. Odell stated now did you go to the district attorney or attorney general with it. I mean it is a crime.
Mr. Griffin stated we were – we followed the advice of counsel on that and their suggestion was, we had a discussion with the investigators at the district attorney’s office, there were some issues investigated by the sheriff’s department and they found nothing worth pursuing because it was a very difficult case to prove.
Mr. Odell stated ok one last question. This gets back to the recreation center; the safe you bought or you authorized to buy, how many people are going to have the combination.
Mrs. Nacerino stated just the main administrators who work there. It’s going to be Melissa Brichta and Sandy Coe.
Mr. Odell stated two people.
Mr. Griffin stated three people.
Mr. Odell stated so if something goes missing only three people are going to be held responsible.
Mrs. Nacerino stated that is correct.
Mr. Griffin stated that’s correct and the combination and the information on the safe will be kept in a fire file in my office so I would theoretically have access to it as well.
Mrs. Nacerino stated and the purpose of the safe was really to insure that that doesn’t happen rather than happening. Before that it was difficult to – we had money that was collected on a daily basis however we didn’t have the means to insure that it was safe so by purchasing the safe this is a measure to insure that this is safe for keeping it safe.
Mr. Griffin stated there is a safe down there however it does not have a night slot in it so what was happening was the cash was coming in on a daily basis and then it would
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have to wait until the next day until one of the people that was responsible for the cash would actually come in and put it in the safe. This way now when the shifts finish, the money goes right into the safe and then it’s reviewed by one of the people in charge or responsible for the accounting down there on a daily basis so that it doesn’t sit around in a desk or a drawer or something else.
Mr. Robert Farese stated the little league; a group of fathers with sons, very hard working, they take care of the ball fields, they cater to a lot of children, now that storage facility that they can’t have on the thing (inaudible) they want that metal box is because it’s only a temporary situation and if they built a shed the shed would probably get vandalized, it’ll be problems. Like I said, if you know anything about baseball you have to chalk the lines, you have to rake all the infields, a lot of tools are required and it’s very hard for these people just to do that. All the parents get together before every game and shape up the fields and stuff but that storage facility is a pretty important thing for them. Can the Town Board oversee some rules and regulations; maybe make it easier for them.
Mr. O’Connor stated those empty overseas containers are very secure. They’re weatherproof and very hard to break into. We did ask people to make it look more like a shed, they did, they put some sort of siding and roof on it. Maybe that would work out here.
Mr. Griffin stated well what gets to the issue is…
Mr. O’Connor stated it’s in our code not to have metal sheds.
Mr. Farese stated it has a code against the pods.
Mr. Griffin stated well on a temporary basis you can get a pod and you can put it in your yard if you’re going to redo your house or something for a course of a couple of months; nothing is going to be said. The problem has been is there was a proliferation of metal containers throughout the Town. There was a discussion zoning board, we had open forums, we had public, we had charettes, we had all kind of issue things and it came across pretty much loud and clear when we were redoing the zoning that people found them to be objectionable so if we start allowing or making exceptions, what happens is the furniture guy comes in says well hey he’s got one, why can’t I have one and it becomes an enforcement issue and while we’ve been very – tried to accommodate the little league in every way we can, we’ve allowed them to put one of the storage containers on Town property and we would like to, more than happy to, work with them and if we can get them to put up a shed out there that would be great because I don’t want to deny them the storage but the problem is if we start allowing metal containers in one place then we have issue of where do we stop.
Mr. Farese stated there is a time frame that you can use these things as a three month time frame; what is the time frame because I know I’ve renovated houses while Paul Piazza was in and I moved in containers and…
Mr. Griffin stated and you’ll find that we try to be flexible with that sort of thing. Manny Ramirez had his for a while and of course then it moved to the back yard and stayed there forever and we went to court and the judge said “just paint it, it’s ok.” We are trying not to encourage the use of these things and if we’re talking about a pod for the summer or are you talking about a metal container for…
Mr. Farese stated just a season, maybe move in and out; it’ll keep moving. Just trying to make it easy on the parents.
Mr. Griffin stated you know what, there’s nothing I would like more than to sit here and say you know what, I’d love to waive your fees; I haven’t had a problem with that. The park board, for some reason, feels that everybody should be paying a little something because there are costs associated with the park. Unfortunately it becomes a problem of
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enforcement; where do you stop. If this group can have one, why can’t that group have one, etc. Where do you draw the line.
Mr. Farese stated Town property.
Mr. Griffin stated well Town property we’re exempt so if the little league wants to put a metal container over at the Cornwall Hill ballfield that’s fine. One of the offers that was made to the little league was if you want to relocate your batting cages over there we’d be perfectly ok with that too. We would encourage that and if you have another metal container you need for storage, you are more than welcome to put it over there too. If we could work with you and help you out and I know Ed and I would both be willing to write you a check, I can’t speak for the rest of these guys, to help you buy a storage shed we’d be more than willing to do that.
Mr. Farese stated alright I’ll put that out to count on you guys.
Mr. Griffin stated you can count on us and if you’re going to build it, call me and I’ll bring the tools and give you a hand.
Mr. Raymond Merlotto stated number 5c; this program is for union or non-union contractors or both.
Mr. O’Connor stated I don’t think it specifies. The people I’ve been talking to are obviously with the union.
Mr. Merlotto stated union contractors usually have the union apprenticeship program.
Mr. O’Connor stated some of them do, yes.
Mr. Merlotto stated this should be a moot issue as far as I’m concerned. You’re talking about non-union contractors.
Mr. O’Connor stated they are talking about contractors period. The state wants all contractors to do the same. The people I’ve been talking to who are all in favor of it are qualified union contractors.
Mr. Merlotto stated (inaudible) the wages are supposed to be paid the prevailing wage.
Mr. O’Connor stated yes.
Mr. Merlotto stated so what this would add is the cost of depending on how many mechanics we have is how many apprentices you would have, am I right.
Mr. O’Connor stated the apprentices would do work, they wouldn’t be…
Mr. Williams stated it is calculated by the number of employees.
Mr. Griffin stated where the real question comes in on this is where is the breaking point. The unions want to tell you you’re going to save money because you can have one less mechanic and you’re going to have an apprentice and he works for a lot cheaper rate so you’re actually going to save money on the deal. I’m not so sure that that’s entirely the case because if you’re going to require four mechanics and then you have a mandatory obligation for an apprentice or two apprentices I think it’s going to be over and above and on top of. It’s going to be almost impossible to do it on a non-union job because there’s no structured apprentice program in non-union anyway so it’s you join a union you have to take a structured apprentice program; a non-union job is almost a moot point.
Audience member was speaking, however due to lack of microphone usage, unable to transcribe.
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Mr. Griffin stated basically on all Town jobs we have to have certified payrolls so every contractor has to produce a payroll with a number that assigned by the state department of labor for our area that speaks to what the prevailing wage rates are for each trade. That’s how the certified payrolls work.
Mr. Merlotto stated this thing is mandated by the state or is this just something that somebody came up with and decided that they’re going to put kids to work.
Mr. Griffin stated it’s a program that’s being promoted by the unions and the state has adopted it as an option for towns that want to go into the program or opt in as it were.
Mr. Merlotto stated on 5d, the land acquisition; how many acres are we talking about.
Mr. Kassay stated a little over 600 all together.
Audience member stated is that on the tax rolls if they take it.
Mr. Griffin stated no, not if the Putnam Land Trust takes it. If the state of New York takes it then they will pay minimal taxes on it.
Mr. Merlotto stated so we will push for that right.
Mr. Griffin stated that would be my preferred scenario on any land acquisition for open space.
Mr. Merlotto stated and also to advise the audience, if the land trust takes it, less than 1% of the population will get to use it. The state takes it, we couldn’t all use it. Let’s remember that when we give our land away to the land trusts. On 6a, the mower.
Mr. Griffin stated are you talking about the old mower. Anthony you had a conversation with Mr. Taylor. The mower was appraised at $3,500.00.
Mr. Molé stated it was my understanding that the mower was appraised at $3,500.00 and they had an offer for $4,500.00. That deal was supposed to go through on Monday. I didn’t receive word as to whether the purchase was actually consummated or not, but that was the situation.
Mr. Griffin stated well you blessed it for Mr. Taylor and so yes…
Mr. Molé stated it was my understanding that the person wanted it that day for that amount which the Town would be foolish to turn down.
Mr. Griffin stated and we got a certified check from Putnam Federal Credit Union and all the associated paperwork and John had told me he had discussed it with you and you were ok with it.
Mr. Molé stated he did.
Mr. Merlotto stated so the new lawn mower is only going to cost us $4,500.00.
Mr. Griffin stated correct.
Mr. Merlotto stated that’s not bad.
Mr. Griffin stated not for a 12 year old lawn mower.
Mr. Merlotto stated all things considered. On 7c what is a director of codes enforcement position/resolution.
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Mr. Griffin stated director of codes enforcement is the county’s job title for an individual that we considered in the code to be a codes enforcement officer. By the county’s direction codes enforcement officer cannot inspect concrete and cannot review structural steel plans. That has to be done by a separate individual. If you look at the county’s job description for director of codes enforcement it encompasses all of those jobs and all of those inspections, etc., plan reviews so when we submitted our work request as an MSD222 and also a job description that goes to the county personnel, it’s reviewed over there, it’s classified and then they assign a job title to it.
Mr. Merlotto stated is this a test.
Mr. Griffin stated it will be a tested position; yes it is a competitive position.
Mr. Merlotto stated is our present code compliance officer right now he can inspect structural steel.
Mr. Griffin stated yes, he is certified by the state to do all of that. He is also a…
Mr. Merlotto stated I’m talking about Mr. Raines.
Mr. Griffin stated code compliance officer, no. The code compliance officer doesn’t have anything to do with building. He has a limited number of zoning codes he enforces.
Mr. Merlotto stated ok. Is he still employed.
Mr. Griffin stated Mr. Dapuzzo; yes he still works for the Town. He is recovering from an illness and when he is certified by his doctor, he’ll be back to work.
Mr. Merlotto stated is he still collecting compensatory time.
Mr. Griffin stated he is not collecting any. He is still being paid because he had accrued a significant amount of it.
Mr. Merlotto stated and did you get the list together so I can review it.
Mr. Griffin stated my apologies, I have not.
Mr. Merlotto stated if you would call me when you have the list, I’d be glad to meet with you.
Mr. Griffin stated I will make a note to do that because I have had a half dozen other fires that I’ve been putting out.
Mr. Merlotto stated 7d, wastewater treatment; isn’t it before you dig you’re supposed to call an 800 number.
Mr. Griffin stated yes.
Mr. Merlotto stated I guess the 800 number didn’t find these wires.
Mr. Griffin stated what we dug up out there were wires for lighting, street lights and they were not buried at the proper depths; they were buried way shallower than what was normally considered standard construction practice. Also, they had moved a number of pipes for the sewer circulating system so those were also hit but they were not on the as- builts so what happens on a call before you dig is you call up, they tell you in public property, this was private property now, on public property where things are located. You can call NYSEG up, NYSEG went out there and they located all their gas lines, they located all their electrical mains, but they do not locate street lights…
Mr. Merlotto stated so what was torn up was street lights, not the mains or the gas lines.
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Mrs. Nacerino stated and the utilities were not marked.
Mr. Griffin stated right.
Mr. O’Connor stated Mr. Merlotto the Trust for Public Land is trying to get the state to take the property because even though they say they’ve been in discussion with Mr. Blumberg, the owner, it’s not our property; we’re not giving anybody anything. They are talking about buying it from Larry Blumberg or talking the state into acquiring it with their money or whatever, but it required the DEC will manage the parcel protecting the wildlife.
There being no further business, Mr. Herbst made a motion to go into Executive Session at 8:45 p.m.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Mr. O’Connor made a motion to close Executive Session at 9:45 p.m.
Seconded by Mrs. Herbst. All In Favor: aye. Carried.
There being no further business, Mr. Herbst made a motion to adjourn the Town Board meeting at 9:45 p.m.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Respectfully submitted,
________________________________________________
ANTOINETTE KOPECK, TOWN CLERK