1142 ROUTE 311
MINUTES
PRESENT: GINNY NACERINO, DEPUTY SUPERVISOR
JOSEPH CAPASSO, COUNCILMAN
ERNEST KASSAY, COUNCILMAN
ANTOINETTE KOPECK, TOWN CLERK
TIM CURTISS, TOWN COUNSEL
ABSENT: MICHAEL
Salute to the Flag and Roll Call.
Deputy Supervisor Nacerino called the Patterson Town Board
meeting to order at
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2008:
General Fund $17,956.68, Highway Fund Item 1 – General Repairs $53,938.63, Highway Fund Item 3 – Machinery $7,154.92, Highway Fund-Item 4-Miscellaneous $874.98, Waste Water Treatment Plant $5,022.53, Capital Fund $118,124.07, Putnam Lake Light District $1,246.00, Patterson Light District $1,198.00, Patterson Refuse District #2 $11,287.50, Patterson Park District $2,969.00, Alpine Water District $530.00, Dorset Hollow Water District $961.40, Fox Run Water District $461.63, Grand Total Abstract $221,725.34.
Mrs. Nacerino made a motion to approve the reports as read:
Code Compliance Officer –
Code Enforcement Officer – May
Dog Control Office – May
E.C.I. – May
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 – Special Meeting – May 13, 2008
Town Board Meeting-Minutes – Special Meeting – May 14, 2008
Town Board Meeting-Minutes –
Bid Opening – Sludge Removal –
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
PATTERSON TOWN BOARD
GINNY NACERINO
KEVIN VAUGHAN REQUEST
Mrs. Nacerino stated Kevin Vaughan is a resident of
Mr. O’Connor stated yes, I am very familiar with that area. It is just past my house and is a total “T” and most people do not stop. Now that we are put on notice of this dangerous situation, we would have some degree of exposure if something did happen.
Mrs. Nacerino stated maybe we could have Mr. Charlie Williams or someone with an expertise in this to take a look at it.
Mr. Curtiss stated they can angle it so you can’t go straight through and you would have to come to a full stop to get to the intersection.
Mr. O’Connor stated it would be a big job if we had to change the configuration of the street. I will speak with the proper people regarding this.
Mrs. Nacerino thanked Mr. O’Connor.
CHRISTINA SNELL - VOLUNTEER RECOGNITION
Mrs. Nacerino stated I would like to bring this to the
public’s attention and recognize Christina Snell. She is a high school student who will be
graduating
SPECIAL COUNSEL - PLANNING BOARD
Mrs. Nacerino stated we have letters from two attorneys. Drake Loeb Heller Kennedy Gogerty Gaba & Rodd gave us a letter that was brought to our attention at the last Town Board meeting. We received another letter from Santangelo Randazzo & Mangone. I would like to read Mr. Mangone’s letter into the record.
Dear Members of the Board:
I write in support of my firm’s continued representation of
the Town of
While we have enjoyed our time serving Patterson in this capacity, we have also served as counsel to the Town in other legal matters, most notably our firm’s successful representation of the Town in the R.C. Enterprises/Fox Run Phase 2 lawsuit. As you may recall, that matter involved an Article 78 proceeding from a decision involving yet
PATTERSON TOWN BOARD
another high profile development project and subsequent appeal to the New York State Appellate Division.
In addition to representing the Town of
Your consideration to our application is appreciated. Should you have any further questions, please do not hesitate to contact us.
Mrs. Nacerino stated it is my opinion that it is prudent to continue and retain the services of Anthony Mangone from both the fiscal standpoint and a logistical one. Mr. Mangone has already maintained the foundation of knowledge on this project. He has guided the Planning Board through the first stage and it only makes sense to have him guide us through the next step in this process.
Mrs. Nacerino made a motion to retain the services of Anthony Mangone as Special Counsel to the Planning Board for the Patterson Crossing Project in the amount of $175.00 per hour.
Seconded by Mr. Kassay.
Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mr. O’Connor; yes; Mrs.
Nacerino; yes. Roll Call Vote Carried.
RECREATION SUPERVISOR’S LETTER - DISCUSSION
Mr. Nacerino stated I received a letter from our current
Recreation Supervisor. Ms. Scigliano has
several items she has addressed in a memo.
Without reading the entire memo, I would like to put some of the issues
up for discussion with the Town Board.
First of all, she has drafted an informal Patterson Recreation
Application and the purpose of this application in addition to the
Mrs. Nacerino made a motion to approve the Recreation Application.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mrs. Nacerino stated there are other issues that she
addressed in reference to the heat, the lack of air conditioning for the server
room, poorly sized bocce boards and a rotting soffit and the leaking of the
roofs. Some of these are maintenance
problems and Mr. Fava our maintenance worker at the
Mr. Capasso stated I spoke with Mr. Fava and he showed me the problems that they are having with the air conditioning in the server room. I told him I would go into the attic in the crawl space and find out if we could put another duct into that room. I couldn’t do it that day. I was there but I don’t think there will be a problem in getting the duct in there. The room was at eighty-two degrees yesterday and that is the maximum the server should be at. If the temperature reaches eighty-two degrees and it was the hottest day I don’t think it is going to get much hotter in there. I don’t think it is necessary to do this right away. The other problem I have is why is the server in this room knowing that there is no air conditioning. Who did that. Maybe we could move the server into a room that has air conditioning rather than spend $1,100.00 for an air conditioning unit. I will look into this further and I will see if I can put a duct in. The other problem was the leaking roof. It looks like it is an engineering problem. The contractor might have misjudged the pitch on the roof. We were told that the shingles are not the correct type for the roof and ice is
PATTERSON TOWN BOARD
building up at the edge and coming up underneath. I will speak to some roofers regarding this.
Mrs. Nacerino stated what we are trying to do here is save the taxpayers money by trying to explore all our options to make sure we are not quick to call in a contractor or someone to fix something that might be able to be easily fixed. Mr. Capasso is very knowledgeable in this area and if he can help us, he will. Hopefully we can save money by taking a less expensive and more cost and time efficient route.
Mrs. Nacerino stated Ms. Scigliano found a cheaper vendor to purchase paper. Traditionally the Town has used Quill to order all our paper and supplies. She is asking for a line of credit with a cheaper vendor. I spoke to our Town Comptroller, Patricia Brooks and she said certainly that was possible to do.
Mrs. Nacerino made a motion to approve Ms. Scigliano to use another vendor to order paper and supplies.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mrs. Nacerino stated I would also like her to pass along that vendor to the Town Hall. If there is a cheaper vendor to use, we should use it.
Mrs. Nacerino stated Ms. Scigliano has started to put some plans in place for the summer and she would like to order shirts for the campers. She realizes that she has to stay under the five hundred dollar limit in accordance with the Procurement Policy. She is not sure if it will exceed five hundred dollars or not. It will depend on camper enrollment. She did get three prices. One is Steve Denucci of Spectrum for six dollars and fifty cents per shirt. Select Sports were eight dollars and LMJ Designs for seven dollars and seventy-five cents. She would like to go with Steve since he is the cheapest and he will not charge for any more designs. She is looking for permission if she needs to order more shirts and the order does go over five hundred dollars.
Mrs. Nacerino made a motion for approval to allow Jeanne Scigliano to purchase the shirts as needed.
Seconded by Mr. Kassay. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mr. O’Connor; yes; Mrs. Nacerino; yes. Roll Call Vote Carried.
Mrs. Nacerino stated Ray Blanar is our Sports Director at
the Recreation Department. He was hired
part-time and has developed some programs that they would like to implement and
they cannot implement them unless he works more hours. One is the Crip Club, which offers different
bus trips everyday for five days, and Ray would direct the program. We would need somebody with the expertise and
knowledge to guide a busload of children to such venues as Shea Stadium, water
parks or whatever the trip may be. Ray
is also planning evening leagues of volleyball and basketball on Thursdays from
Mrs. Nacerino made a motion to approve Ray Blanar to work summer hours not to exceed forty hours per week for July and August.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
TOWN COMPTROLLER’S REQUEST
Mrs. Nacerino stated I will read a letter from our Comptroller, Patricia Brooks,
PATTERSON TOWN BOARD
I would like to request that Kelly Griffin be hired
temporarily to complete an IRS project for the 2005 W2’s. I have been working on this project but have
not been able to devote enough time to finalize it. I believe with Kelly working full-time on
this project it could be completed in approximately two weeks or on or before
Mrs. Nacerino made a motion
to approve Kelly Griffin to work on this project until
Seconded by Mr. O’Connor.
Mr. Capasso stated how many hours a week.
Mrs. Nacerino stated full-time. If she completes the project ahead of time, she will cease her employment for the temporary project.
Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes. Roll Call Vote Carried.
MR. EDMOND O’CONNOR
LETTER PUTNAM
Mr. O’Connor stated we received a letter from Evelyn Kellogg, Putnam Lake Seniors of which I am honored to belong. I will read it for the record;
Dear Supervisor
On behalf of the Putnam Lake Senior Citizens, I would like
to thank you and the
Mr. O’Connor stated I went to the lunch today with my wife and they really do enjoy this lunch. They pay for it themselves and it probably turns a slight profit.
Mrs. Nacerino stated I would also like to mention we have a very special server, Mrs. Maryann Fava. She accompanies Paul each and every time. She bakes, serves, and has a great smile and volunteers for this Town over and over again in many different capacities.
Mr. O’Connor stated as you might know we have been talking
about getting the County to participate in a Septic Maintenance Program in
places where the septic’s are stressed. Recently
I said we should do what we can ourselves and maybe the County will join in to
a Septic Maintenance Program in
Mrs. Nacerino stated I think that is a wonderful concept and
I think it is important to raise the level of awareness of how important this
issue is and how it affects our quality of life, especially in
Mr. O’Connor stated we used copper sulfate years ago when the algae started. It was outlawed some years ago and we were told not to use it. It’s a heavy metal poison. We are looking for other things that the DEC will let people put into a body of water that is ultimately drinking water. No matter what it is, they expect that you have certification
PATTERSON TOWN BOARD
and you are trained. Mr. Williams our Town Planner did have this Pesticide Certification and due to lack of use, it has lapsed.
Mr. O’Connor made a motion to allow Mr. Williams to renew his Pesticide Certification License and take the course and test in an amount not to exceed $100.00.
Seconded by Mrs. Nacerino.
Mr. Kassay stated discussion. Do we know when the class and test is.
Mr. Williams stated I spoke with Cornell and the next exam coming up is in September.
Mr. O’Connor stated we are meeting with
All In Favor: Aye. Carried.
ERNEST KASSAY
ESTABLISHMENT OF A
PERFORMANCE BOND – KENT SUPPLY CO.
Mr. Kassay introduced the
following Resolution for the
Establishment of a Bond – Performance Kent Supply Co.:
R-0608-01
WHEREAS, Joseph Futterman a.k.a. JPF Realty own a parcel of land at 50 Jon Barrett Road identified as Tax Map No. 24.19-1-3, and
WHEREAS, the Planning Board of the Town of
WHEREAS, a motion was made a carried by the Patterson Planning Board at its June 5, 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 $70,000.00, with an inspection fee of $3,500.00, and
WHEREAS, the Town Board of the Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the
Town of
BE IT FURTHER RESOLVED, that the bond posted for the project be subject to prior approval by the Town Attorneys, CURTISS, LEIBELL, HERODES & MOLÉ P.C., as to sufficiency and form.
Seconded by Mr.
O’Connor. All In Favor: Aye. Carried.
ESTABLISHMENT OF A
PERFORMANCE BOND – BURDICK FARMS SUBDIVISION
Mr. Kassay introduced the
following Resolution for the
Establishment of a Performance Bond – Burdick Farms Subdivision:
PATTERSON TOWN BOARD
R-0608-02
WHEREAS, Vincent Condito a.k.a. Vista Development LLC own a parcel of land on Bullet Hole Road identified as Tax Map No(s) 23.-2-27, 23.-2-32, 34.-3-63, 34.-3-60, and
WHEREAS, the Planning Board of the Town of Patterson has received an Application for subdivision approval from the aforesaid Owner in order to construct various improvements on the lot, as shown on final subdivision plat entitled Burdick Farms Subdivision; and
WHEREAS, a motion was made and carried by the Patterson Planning Board at its June 5, 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 $2,800,000.00, with an inspection fee of $140,000.00, and
WHEREAS, the Town Board of the Town of
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 Burdick Farms Subdivision, pursuant to the Town Code of the Town of Patterson as $2,800,000.00 , with an inspection fee of $140,000.00, and
BE IT FURTHER RESOLVED, that the bond posted for the project be subject to prior approval by the Town Attorneys, CURTISS, LEIBELL, HERODES & MOLÉ P.C., as to sufficiency and form.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
VACATION REQUEST
Mr. Kassay made a motion to approve the vacation request
dated
Seconded by Mr.
O’Connor. All In Favor: Aye. Carried.
OTHER BUSINESS
Mr. Kassay stated the
County will be celebrating its 196th birthday on Friday. The theme is reservoirs.
Mr. O’Connor stated we
received a letter from our engineers to the Highway Department. Some time ago, we had a discussion regarding
changes that should be made changes at
Mr. Mandras stated what
is happening at
Mr. O’Connor stated there
is a problem on
Mr. Mandras stated how
can you approve a line of sight when it is a big piece of rock.
Mr. Kassay stated the
recommendations from Stantec Engineering are to improve visibility for vehicles
on
PATTERSON TOWN BOARD
1. In
addition to the existing stop sign a twelve inch painted stop bar could be
provided on
2. To
forewarn motorists of the upcoming intersection when traveling northerly along
3. As
proposed by the Highway Superintendent to remind motorists of the Town speed
limit when traveling through this development, a thirty mile per
Mr. Mandras stated a stop
sign is not an option.
Mr. Kassay stated not
according to the recommendation of the Town Engineer. Town Engineer, Highway Superintendent,
Highway Forman and I all gave an opinion as to what we felt was best. With my background in law enforcement, I have
some experience with scenarios of this nature.
The engineers report was generated from the input of all parties
involved. Now it is the decision of the
Highway Superintendent.
Mr. O’Connor stated I
know stop signs were considered because that is what I suggested.
Eileen Cuneo stated I
sent a letter to Mr. Griffin.
Mr. Kassay stated your
letter states the problem is at
Ms. Cuneo stated on the
map
Mr. Kassay stated I never
knew that was the name of that road. I
will go there and investigate this with the Highway Superintendent and report
back to you.
Town Board members and
Mr. Mandras continued to discuss
Mr. T.J. McNulty stated
do you have anything planned for
Mrs. Nacerino stated it
is evident to you as it is too many of the residents here that under Mr. Griffin’s
administration for the last decade this Town has realized many wonderful
things. We have the new
Mr. McNulty stated is
there anything the Town can do. Are
there incentives being offered.
Mrs. Nacerino stated we
have very little recourse.
PATTERSON TOWN BOARD
Mr. O’Connor stated the
people who own the vacant property on
Mr. Williams stated ten
or twelve years ago on
Mrs. Nacerino stated we
are optimistic that someday the bank will build and Patterson has a bright
future.
Mr. McNulty thanked the
Board.
Ms. Edie Keasbey stated I
remember when
Mrs. Nacerino stated we
did take some of our money out and we do business with the Mahopac National
Bank. We did make some effort.
Mr. Capasso stated I
spoke with the bank also. They are
waiting for the Town to move forward and waiting to see other things happen in
our Town. That is what we need to do.
Ms. Barbara See,
President, PLCC stated I met with Karl Brenner who takes care of Lost Lake and
I heard that they did an algae treatment and I was curious to what they
used. Our water runs into there water
and where our water goes there water goes.
Whatever they use, we should be able to use. They are using copper sulfate and I was very
surprised.
Mr. O’Connor stated I was
absolutely amazed, I couldn’t believe it.
Ms. See stated I met the
Vice President of their Board and she told me the same thing. I told her we can’t use copper sulfate and I
am amazed you use it. The Board is going
to be meeting with the company that is applying this to
Mr. O’Connor stated
copper sulfate is a heavy metallic poison.
I don’t care if you close it off forever the copper does not change what
it is.
Ms. See stated I spoke
with Tim Simpcans, he is head of the Health Department in New Fairfield and he
is also a limnologist. I asked him if he
had any answers as to why
Mr. Mike McNulty stated I
am a lifeguard at the
PATTERSON TOWN BOARD
you won’t be as
effective. There are many people from
Cold Spring,
Mrs. Nacerino stated we
did have a discussion regarding this with the Park Advisory Board and I will
follow up with Mr. John Taylor, Chairman of the Park Advisory Board on this
matter and I will get back to you.
Mr. McNulty stated
regarding the immigrants in this Town, there are seven houses for sale on
Mr. Kassay stated write
down the addresses for me. There was
also the same problem on
Mr. McNulty stated drugs
are another issue.
Mr. Kassay stated the
police department will have to handle that.
Get me the house numbers and I will look into this. Our Code Enforcement Office is very capable
in handling situations like that.
Mr. McNulty thanked the
Board.
Ms. Edie Keasbey stated
getting back to the algae at this time of year; the
Ms. Adrianne Kavelle
stated Barbara See has obviously done some wonderful research and found what
can be done with the lake. What I would
like to know is where are we getting the funds to do it.
Mr. Kassay stated right
off the top of my head there are a couple of different entities. We have DEC, DEP, EPA etc.
Mr. Tim Curtiss stated
the first thing is to identify what the solution is.
Ms. Kavelle stated even
if we all joined the PLCC we wouldn’t have enough money to clean that lake.
Mr. Curtiss stated you
have to investigate the problem first then find out what it will cost. There are grants available.
Ms. Pat Ploeger stated
for your information,
Mr. John Bayhon stated I
am hear tonight because recently some action was taken regarding neighborhood
watch signs we requested and subsequently was turned down. Even though I would not be the beneficiary of
the neighborhood watch sign, I would like to strongly support this. I urge you to reconsider.
Mrs. Nacerino stated thank
you for your comments, but this Board did not turn down the neighborhood
signs. It is still up for
consideration.
PATTERSON TOWN BOARD
Mr. Bayhon stated people
in this Town start a project on their house and they never finish it. Shouldn’t we be imposing some standards or at
least expect that a job be completed within a reasonable amount of time.
Mrs. Nacerino stated I
agree with you wholeheartedly but I don’t think we have much recourse.
Mr. Williams stated it is
a Building Department issue.
Mr. O’Connor stated we do
have property maintenance laws. You are
not allowed to throw junk in your yard.
I will speak with Code Enforcement Officer about that house across the
street and ask him to speak to the owner.
Mr. Kassay stated there
is a cap on how many building permits you can get.
Mr. Tom Van Doran stated
people want refunds on their membership fee for
Mr. O’Connor stated we
are having a meeting on Tuesday and hopefully we will have a solution.
Mr. Kassay stated if
copper sulfate was allowed to be used how long would it take to correct the
problem.
Mr. O’Connor stated they
used to apply copper sulfate to the reservoirs on a steady basis. They used tiny amounts. I don’t know if they put enough in to kill
anything.
Mr. Kassay stated to
salvage half the summer you wouldn’t be able to do that. The only thing that will move that algae out
swiftly is rain.
Barbara See stated it’s
not just a swimming issue. The smell of
the algae is affecting the homes around the lake.
Ms. Adrianne Kavelle
stated do you think we will have something done to the lake for this season.
Mr. Kassay stated we do
not know. At this point, we have many
unanswered questions.
Mr. Stellar stated if you
do find out something at your meeting on Tuesday is the Board prepared to make
some kind of emergency fund allocation within reason to help this community and
lake.
Mr. Kassay stated let’s
say they found a miracle solution to put in the lake, if the Town Attorney says
that we could use certain funds in an emergency regarding the lake, I don’t see
any reason why the Board wouldn’t use it.
I will do whatever it takes legally to address this problem.
Mr. O’Connor and Mrs.
Nacerino concur with Mr. Kassay. We will
do whatever we can to fix the lake.
Ms. Edie Keasbey stated
there was a limnologist who did a large study on
PATTERSON TOWN BOARD
ADJOURNMENT
There being no further
business, Mr. O'Connor made a motion to adjourn the meeting at
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK