1142 ROUTE 311
MINUTES
PRESENT: MICHAEL
JOSEPH CAPASSO, COUNCILMAN
GINNY NACERINO, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
JENNIFER HERODES, TOWN COUNSEL
ABSENT: ERNEST KASSAY, COUNCILMAN
Salute to the Flag and Roll Call.
Supervisor
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2008:
General Fund $71,226.59, Highway Fund Item 1- General Repairs $30,124.22, Highway Fund Item 3 - Machinery $14,001.23, Highway Fund Item 4 - Miscellaneous $912.60, Highway Fund – Employee Benefits $22,276.16, Waste Water Treatment Plant $79.00, Capital Fund $11,781.00, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $30,370.21, Deerwood Drainage District $15.78, Patterson Park District $92.74, Alpine Water District $243.09, Fox Run Water District $3,693.40, Grand Total Abstract $213,338.04.
Seconded by Mr. O’Connor. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; Absent, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
Mr. O’Connor stated we received a letter from Mr. Rich
Williams, Town Planner regarding protecting the lake against stormwater at a
cost of $603,475.00 leaving a balance of $196,525.00. He is requesting authorization to proceed
with the design and construction of additional stormwater retrofits for the
Mr. Griffin stated we should contact the County to see if they are still going to give us the rest of the money.
Mr. O’Connor stated it would be appropriate not to ask the
County. They already allocated
$800,000.00 for the project. The fact
that the specifics so far cost $603,475.00 we would be remiss in the eyes of
the County. Mr. Bondi would be writing
us nasty letters if he found that we were not spending the $800,000.00 in its
entirety for the purpose that was specified by the County that is stormwater
projects in
Mr. O’Connor made a motion
to move ahead with the Town Planner’s request with design and construction of
additional stormwater projects to protect
PATTERSON TOWN BOARD
Seconded by Mrs. Nacerino.
Mr. Griffin stated discussion. Is that going to have to go back out to bid.
Mr. Williams stated we are going to do a change order
Mr. Griffin stated ok.
All In Favor: Aye. Carried.
RESOLUTION MAINTENANCE BOND RELEASE
Mr.
O’Connor introduced the following Resolution
for a Performance Bond Release
for Cornwall Hill Estates Subdivision:
R-0908-11
WHEREAS, BMMD, LLC. was the
developer of the Cornwall Hill Estates Subdivision which included construction
of an extension of
WHEREAS, the aforementioned
roads were accepted for dedication by the Town Board of the Town of
WHEREAS, a one year maintenance bond was established by the Town Board of the Town of Patterson in the amount of $40,200.00 to ensure that the condition of the public improvements remained in a good condition, and
WHEREAS, one year has passed and by letter dated September 23, 2008 the Town Engineer, on behalf of the Highway Superintendent, has found that the public improvements remain in good condition and recommends release of the maintenance bond, and
WHEREAS, the Town Board of the
Town of
NOW, THEREFORE BE IT RESOLVED
that the Town Board of the Town of
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
RESOLUTION MAINTENANCE BOND RELEASE DEERWOOD SUBDIVISON
Mr. O’Connor introduced the following Resolution for a Performance Bond Release for Windsor Woods (Deerwood) Subdivision:
R-0908-12
WHEREAS, Wyndham Homes was the developer of the Windsor Woods (Deerwood) Subdivision which included construction of an extension of Apple Hill Road, Quail Lane, Collinwood Drive and Teal Lane, and
WHEREAS, the aforementioned
roads were accepted for dedication by the Town Board of the Town of
WHEREAS, a one year maintenance bond was established by the Town Board of the Town of Patterson in the amount of $140,300.00 to ensure that the condition of the public improvements remained in a good condition , and
PATTERSON TOWN BOARD
WHEREAS, one year has passed and by letter dated September 23, 2008 the Town Engineer, on behalf of the Highway Superintendent, has found that the public improvements remain in good condition and recommends release of the maintenance bond, and
WHEREAS, the Town Board of the
Town of
NOW, THEREFORE BE IT RESOLVED
that the Town Board of the Town of
Seconded by Mrs. Nacerino. All In Favor: 4 to 0.
GINNY NACERINO
DIRECTOR OF RECREATION & PARKS
Mrs. Nacerino stated at the last Town Board meeting we
passed a resolution to keep Raymond Blanar as the Interim Recreation Supervisor
through
Mr.
Ms. Herodes stated I will follow it up.
Mrs. Nacerino made a motion
to extend Raymond Blanar as the Interim Recreation Supervisor until the
next meeting of
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
TIME OFF REQUESTS
Mrs. Nacerino made a motion to approve four time off requests.
Seconded by Mr. Capasso. All In Favor: Aye.
RECREATION SUPERVISOR’S REQUEST/EVENTS CORRESPONDENCE
Mrs. Nacerino stated I have a few memos from the Supervisor of Recreation. Fernando Torres has been part of the Junior Recreation Staff for a couple of years. He is nineteen years old so therefore we would like to promote him to a Senior Recreation position at the rate of $10.00 per hour. That position would include more responsibility, helping to run the programs and being able to lock up at night. Fernie has proven to be a very valuable employee and I support that.
Mrs. Nacerino made a motion to approve Fernando Torres to be promoted from Junior Recreation Staff member to Senior Recreation Staff member at $10.00 per hour.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
Mrs. Nacerino stated I have another memo from Mr. Blanar in reference to his own time:
I am writing this memo to request that I be allowed to work up to fifteen additional hours a week, not to exceed fifty-five hours in a week when necessary. With all of the programs starting as well as special events still taking place, it is very difficult to fit my
PATTERSON TOWN BOARD
work week into forty hours in many instances. When I need to take time off during the week to make up for work on the weekend, it backs up all the work that needs to be done. I am inquiring the possibility that I may work up to fifteen hours overtime with monetary compensation on an as need basis. Thank you very much for your consideration in advance.
Mrs. Nacerino stated since this is very temporary I would like to make a motion to grant the overtime.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
Mrs. Nacerino stated I have a memo from Mr. Blanar regarding Ines Petterson’s Compensatory Time:
It has been brought to my attention that Ines Petterson feels she is owed eleven and a half hours of compensation time she worked over her scheduled hours. These hours were under the direction of the former Recreation Supervisor, Jeanne Scigliano.
Ines has provided me with memos that were sent to the Town Board and the Comptroller in July which I have attached. I have reviewed this information and it would be my recommendation that the Town Board approve the eleven and a half compensation time.
Mrs. Nacerino stated this was a unique situation where the
former Recreation Supervisor had Ines accrue time and had her take a less of a
dinner hour. She was working from
Mrs. Nacerino made a motion to approve the eleven and a half hours for Ines Petterson.
Seconded by Mr. Capasso.
Mr. O’Connor stated is it a violation of the labor law.
Mrs. Nacerino stated we had a memo from Patricia Brooks, Comptroller that she must take a dinner hour. She was just taking a half hour to avoid the risk of not accruing her full work week under the direction of Jeanne. We can’t contest it one way or the other so I feel we should honor it.
All In Favor: Aye. Carried.
Mrs. Nacerino stated I have an email from Arthur Ravo who is President of the Little League that I would like to share with you. It was originally sent to Ray Blanar.
Mr. Blanar when I saw you Saturday night it reminded me that I forgot to drop you a note about Patterson Day. I thought the festivities were well organized and the event was well attended especially given the fact it was your back-up day. The Patterson Little League Cooperstown Team did well at the concession and got a jump start over next year’s fund raising efforts. We are always appreciative of the opportunity to attend this event as a vendor. I like the direction the Recreation Department is going in. There seems to be a lot more going on now. Continue sending me activity announcements and I will forward them to our membership.
Mrs. Nacerino stated it is always nice to hear kind words. I would also like to read into the record a memo to Ray from Cord Show Ltd. We recently had an antique show this past Sunday.
Dear Ray, Paul and all the terrific Gals:
PATTERSON TOWN BOARD
I think we made a great team. The attendance was 450 people, which is a success by any standards. Enclosed please find a check for $1,620.00, which is 60% of the admission at $6.00 per person. I would also like to say a special thanks to Joe and Fernando who helped to make our job so much easier.
Please save
In any case we appreciate your wonderful hospitality, the use of the electricity for our RV and the amazing showers! The time spent in Patterson was a delight in every sense of the word and we look forward to returning. Viven and Ed.
Mrs. Nacerino stated Sue Macagione sent me an email that stated:
Ginny, I just want you to know that I have been answering the phones and taking registrations today and I am very happy to say that the phone is ringing off the hook about program information and more importantly the patrons have been coming in all morning and paying to enroll in these programs. I have not seen this in a very long time.
CHRONIC PUBLIC NUISANCE LAW
Mrs. Nacerino stated Mr. Rich Williams, Town Planner, and I
were discussing the possibility of creating a Chronic Public Nuisance Law. After taking a site walk with the residents
on South Street and West Street some of the violations that were pointed out to
us by the renters there seems to be very little accountability and
responsibility set forth. Our current
method of addressing these violations holds responsible the one committing the
violation. In the case of the rental
property this would be the renter. The
Public Nuisance Law would also hold accountable the landlord renting the property
for illegal or inappropriate activities which demonstrate a chronic pattern of
behavior. Some of the Towns in
EXECUTIVE SESSION PERSONNEL
Mrs. Nacerino stated I would like to defer my Executive Session Personnel to the end of the meeting.
MICHAEL
DIRECTOR OF CODES ENFORCEMENT CANVASS/SALARY
Mr. Griffin stated at the last meeting there was a
discussion about finding out some information on salaries of other Building
Inspector’s in the area. The Building
Inspector and this is just a Building Inspector not the Director of Codes
Enforcement is $82,000.00 in Southeast; Director of Codes Enforcement in
Mrs. Nacerino stated yes, I would like you to canvass for the position. I don’t know if we could set the salary range tonight. I would like to table this until Mr. Kassay his here as part of the Personnel Committee to set the range.
Mr. Griffin stated we have been kicking this can around since the beginning of August and it is now the end of September.
PATTERSON TOWN BOARD
Mrs. Nacerino stated I don’t think time is of the essence and I think if we could set the salary at the next meeting and begin to canvass and probably have someone picked by the end of October it would give us some insight to how we are going to set forth the budget for 2009 and this position could be effective January 1, 2009. Do we have a time line you are particularly looking at to fill the position.
Mr. Griffin stated we have been operating with a temporary situation for over a year now. There is a list and it came out in June and it is now the end of September.
Mr. O’Connor stated sometimes if you leave the list for a long time you lose out on some of the better candidates.
Mr. Capasso stated we have the two best candidate’s right here.
Mr. O’Connor stated if you wait too long you could wind up with the number two candidate which might not be nearly as good as number one.
Mrs. Nacerino stated I spoke with personnel and we can set
the range any way we deem fit. However,
we can’t go beneath the posting of $60,000.00.
With taking into account some of the salaries in
Mr. Griffin stated my opinion is Mr. Kassay had plenty of time to give us input and hasn’t done it. He is certainly going to be included in the interview process.
Mr. O’Connor stated if you make the range wide enough Mr. Kassay’s opinion will…..
Mr. Griffin stated $65,000.00 to $75,000.00 is that a range we could be comfortable with or do you want to table it.
Mr. Capasso stated table it.
Mr. O’Connor stated table it.
Mr. Bruce Majors stated I agree with Mr. O’Connor. You know what Brewster and
Mrs. Nacerino stated there is not an argument there is just a consideration. Mr. Kassay is part of the Personnel Committee.
Mr. Majors stated you had two weeks to discuss this and I would think you already know what the range is going to be. You are not going to be paying higher or lower it gives you an opportunity to start moving forward. Why waste another two weeks.
Mr. O’Connor stated if we make the range big enough Mr. Kassay’s opinion will certainly fall somewhere in the range.
Mr. Steve Mandras stated you guys have to get this going. We need a full time Building Inspector. There are tons of issues in this Town. We need someone full time so we can go to him every hour of the day. Please just move it forward.
Mrs. Nacerino made a motion to set the salary range from $65,000.00 to $80,000.00.
PATTERSON TOWN BOARD
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
RECREATION CENTER-UNIVERSAL GYM/HVAC SERVICE CONTRACTOR
Mr. Griffin stated we tabled the universal gym two weeks ago. Does anybody have an opinion on this.
Mr. Ray Blanar stated I would like to give you an update on
this. It is up to the Board to what you
want to do with it. It is still in the
same spot locked away in the closet. I
have already contacted Jim Sangirardi, Athletic Director,
Mr. Griffin stated we had a discussion with the Town Attorneys
and Insurance Agents prior to starting the operations of the
Mrs. Nacerino stated one of the concerns from me is that Ray you said that it would be just for the employee’s use but I think that would be difficult to monitor.
Mr. Blanar stated my original plan was to put it in the closet it is in now but rearrange it so it was in the back corner. It is a closet that is locked and only accessible with a building key. The only people under my assumption, which I could be wrong would be anyone who is staff.
Mrs. Nacerino stated they would use it in the closet, how big is this closet.
Mr. Blanar stated yes.
Mr. Griffin stated that starts to become the other half of the issue which would be storage space.
Mr. Blanar stated everything is put away right now and once it gets arranged there would be plenty of room to have that and enough room for all the tables, chairs and equipment boxes. If it does become an issue I would have no problem getting rid of it but if it is alright to have based on a waiver being signed by whoever would like to use it I have no problem with that.
Mrs. Nacerino stated have the employees showed an interest in using it.
Mr. Blanar stated a lot of Junior Staff would like to use it. I haven’t let them since they are under eighteen. If they provide a waiver signed by their parents allowing them to use it then they can use it.
Mr. Capasso stated Ms. Herodes could you comment on this.
Ms. Herodes stated I am not very fond of waivers. There is maintenance of the machine and if something isn’t bolted right and someone gets hurt that could be a problem. It goes back to all the same insurance issues. If you are going to change the policy we would have to revisit your insurance and speak to the agent again and I would imagine that injuries may not be covered under the policy.
Mr. Griffin stated staff members injuries would be covered under worker’s compensation if they were doing it on Town time.
PATTERSON TOWN BOARD
Mr. O’Connor stated which would be a whole other
question. Why would we be setting this
up for them to do this on company time or setting up a separate room just for
ourselves when the whole purpose of the
Mr. Blanar stated it would be used during their lunch break.
Mrs. Nacerino stated I think it is a little premature to have this equipment at this time. I know your intent was in good faith.
Mr. O’Connor stated so we will hold it until we can find a specific use.
Mr. Griffin stated or we will give it to another entity that is interested in having it.
Mr. Capasso stated if we give this away to someone will we be liable in any way if someone got hurt on it.
Ms. Herodes stated no.
Mr. Griffin stated only if we knowingly gave away defective equipment.
Mr. Griffin stated Mr. Capasso have you had an opportunity get a few new HVAC contractors.
Mr. Capasso stated no not yet but I would like to work on that.
Mr. Griffin stated good because we will be needing them soon.
Mr. Blanar stated last week I put in three RFP’s from
different engineers. Two in Westchester
and the same one in
Mr. Griffin stated we are mixing apples and oranges here. We are looking for service contractors to come in to maintain the equipment but I appreciate everything you are doing to get the air conditioning for the gym moving forward. You and I have laid out a time line and we are right on it. In the meantime we are still going to need an HVAC contractors.
FOX RUN SPARE PARTS REPLACEMENT
Mr. Griffin stated we have a request from the plant operator that he would like to keep some spare parts on hand to prevent future outages due to lighting strikes, bad weather etc. He is requesting to purchase $1,199.00 of spare parts.
Mr. Williams stated we have been having a problem losing the
control panel. It was designed by
Folchetti Engineers. It was done so
without any surge protection. Every time
lighting strikes we would blow the control panel and we were spending $1,000.00
for a service contractor out from
Mr. Capasso stated who messed up on that design.
Mr. Williams stated the engineer.
Mr. Capasso stated who was that.
Mr. Williams stated Folchetti Associates.
PATTERSON TOWN BOARD
Mr. Capasso stated why didn’t we bill them.
Mr. Williams stated Fox Run was using Folchetti Associates and they had them do the whole design then when the design was complete they came to the Town and handed us everything including the engineer and said please form a district and build this which we did. Folchetti is out of the picture for years now. It’s not like I can go back to them. I felt obligated to bring this to your attention. It would not be my recommendation at this time to do this. I would like to see how we make out with the surge protection. I think that will solve a lot of our problems. As the contractor points out he has the equipment on site and in stock.
Mr. Griffin stated according to this, equipment is generally available to ship quickly. There are times when certain items are depleted and the products are not available for several weeks. At this time I do have the boards in stock and could ship them after receipt of order. I would hate to see the people in Fox Run be without water for a couple of days because we didn’t invest in $1,100.00 for spare parts. I don’t see that as a huge expense.
Mr. Williams stated it is not a huge expense.
Mr. Griffin stated having the parts on hand would make a lot more sense then taking the chance of them being out of service for a week or several weeks while we waited for the parts. They are the only people we can deal with at this point.
Mr. O’Connor stated I think we should have the parts on hand.
Mrs. Nacerino stated what is the life of these parts. How often are they replaced.
Mr. Williams stated they are probably good for twenty to twenty-five years unless we have a power surge.
Mrs. Nacerino stated what is the likelihood in this decade we are going to use these parts.
Mr. Williams stated we had to use them three times so far.
Mrs. Nacerino stated because of the surge protection not because the parts were worn.
Mr. Capasso stated and it took us three times before we figured it out.
Mr. Williams stated no one told me about them. I’m not an electrical engineer. Until I sat somebody down and asked why this was happening.
Mr. Capasso stated Mr. Raines do you have any comment on this.
Mr. Raines stated we are taking a step back and look past whether we are buying parts for another part of the infrastructure, we need to figure out how we are going to manage infrastructure. I’m not criticizing you but I don’t know that it should fall on Mr. Williams to answer to why the thing blew out three times. If we are going to manage the treatment plant we need someone to come in and evaluate it. That is my take versus going on a track record which is based on lack of surge protection. I think we should spend the $1,100.00 having someone evaluate it before we just go and buy parts and have an expert say you really don’t need that.
Mr. Williams stated I agree.
Mr. O’Connor stated that makes perfect sense. We lost this one piece of equipment three times because of surges. We have no idea that the surge will not recur. Maybe they are not adequate. We don’t have to have a spare part for everything.
PATTERSON TOWN BOARD
Mr. Griffin stated it could take months to get someone in here to evaluate this. We will table this for now.
BUDGET TRANSFER REQUESTS
Mr. Griffin made a motion to approve Budget Transfers 14 through 27.
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
TOWN PLANNERS REQUEST
Mr. Griffin stated I have a request from the Town
Planner: I would like to request
authorization to attend the Eighth Annual Southeast Stormwater Conference and
Trade Show on
Mr. Griffin made a motion to grant the Town Planner’s request.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
RFP FOR STORMWATER RETROFIT STUDY
Mr. Griffin made a motion to authorize advertisement for bids for professional services to conduct a study providing stormwater improvements within municipalities as part of the grant program we were awarded.
Seconded by Mr. O’Connor: All In Favor: Aye.
DCO REQUEST POLICY/SECONDARY SHELTER CONTRACT
Mr. Griffin stated at the last meeting we had a discussion about what to do about cats.
Does the Board want to discuss that. Also, we have been contacted by Putnam Humane
and they would like to be our secondary shelter provider for the rest of the
year. I spoke with Alan Jacknick who
contacted
Mr. Griffin stated since we never took a dog up there and Alan didn’t want to drive up there he renegotiated and we have the exact same deal with Putnam Humane that we had with Dutchess.
Mr. Griffin introduced the following Resolution for Authorization to Sign Contract with the Putnam County Humane Society, Inc.:
R-0908-13
WHEREAS, the Town of Patterson is required to provide animal shelter services in accordance with the provisions of Article VII of the Agriculture and Markets Law of the State of New York, and
WHEREAS, the
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the
Town of
PATTERSON TOWN BOARD
year at a cost of ____.00 DOLLARS, and for the 2009 calendar year at an annual cost of ____.00 DOLLARS, and
BE IT FURTHER RESOLVED, that the Town Board of the town of
Seconded by Mr. O’Connor. All In Favor: Aye.
POWER SAVER PROPOSAL
Mr. Griffin stated at the last meeting we had Paul Daria give us a demonstration and the Board asked me to get a financial proposal. I believe you all have a copy of it. What would you like to do.
Mr. O’Connor stated until the equipment receives a UL Underwriters Laboratory approval I think we should hold off.
Mr. Raines, Building Inspector, stated I met with Mr. Daria shortly after he made this proposal and I inquired with him as to the status of the UL or similar approvals on this equipment. It was pending. I wrote to the company and I haven’t received a response but I did receive an email saying they did receive my letter. I would ask you to hold off until we determine that because if it doesn’t have a UL or similar listing we can’t by code install this into a commercial building. It’s a great idea but we need to make sure it is rated.
Mr. Griffin stated I thought it had and International UL.
Mr. Raines stated no everything is pending. Hopefully I will get a clear answer and then you can make a decision.
Mr. Griffin stated thank you.
RESOLUTION TRUST FOR PUBLIC LANDS
Mr. Griffin introduced the following Resolution for Supporting Acquisition by the Trust for
R- 0908-14
WHEREAS, the Trust For Public Land is a national, nonprofit, land conservation organization that conserves land for people to enjoy as parks, historic sites and rural lands, and
WHEREAS, the Trust for Public Land is currently in contract with the owner of 647 acres on Haviland Hollow Road and is assisting New York State Department of Environmental Conservation acquisition of said 647 acres on Haviland Hollow Road to permanently open it up to the public for recreation, and
WHEREAS, the Trust for
WHEREAS, the Town Board of the Town of Patterson wishes to proclaim it’s support of NYS DEC’s acquisition of the aforementioned 647 acres on Haviland Hollow Road;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby supports the NYS DEC’s acquisition of 647 acres on Haviland Hollow Road to permanently open it up for public recreation, and
PATTERSON TOWN BOARD
BE IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
DORSETT HOLLOW WATER TREATMENT
Mr. Griffin stated I received a memo from Mr. Rich Williams, Town Planner:
Subject to the Board’s approval we are planning to again
flush the Dorset Hollow Water system on October 14 and 15 (alternate dates are
October 20 and 21). Notice will be
provided to the residents that the flushing will occur between the hours of
Mr. Griffin made a motion to proceed with the flushing on October 14 and 15 or October 20 and 21.
Seconded by Mrs. Nacerino. All In Favor: Aye.
WINTER SIDEWALK MAINTENANCE BIDS
Mr. Griffin stated the bids for the winter sidewalk maintenance have been broken out into two separate bids. We have sidewalk maintenance for Route 311 and various other areas in the Hamlet and we have snow removal bid for the Dorsett Water Treatment Plant and Hamlet Sanitary Sewer Pump Stations at various locations.
Mr. Griffin made a motion to authorize the Town Clerk to advertise the bids for both of the above snow removal projects.
Seconded by Mr. O’Connor. All In Favor: Aye.
EXECUTIVE SESSION PERSONNEL/LEGAL
Mr. Griffin stated he would defer is Executive Session Personnel/Legal to the end of the meeting.
JOSEPH CAPASSO
NO AGENDA
OTHER BUSINESS
Mr. Capasso stated the building where Justin’s Automotive is moving into has been an eyesore for many years. This brings business into the Town and we should promote them for doing that. I think it is a positive step.
Mr. Raines stated I asked Mr. Capasso to bring this up because I wanted to make sure everyone was clear to what is happening out there. The property we are talking about is on Route 22 which used to be Downey Automotive. We removed the tenant’s from the second floor. It was an apartment that didn’t meet code and had unsafe conditions. The roof of the structure is being replaced because it leaked. The drainage around the structure is being repaired. They are repairing all that needs to be repaired. They have to come in for site plan approval. This business is just for repairs no retail. There are some
PATTERSON TOWN BOARD
concerns from other businesses regarding competition. It’s not going to be retail it’s just a repair garage.
Mr. Capasso stated what is the problem with competition, competition is good. I looked at that building, I wanted to buy it.
Mr. Raines stated they were under the impression that there was not going to be occupancy of this type at that location. I wanted the Board to know what is going on.
Mr. Raines and Mr. Williams continued to speak about the
problems and concerns of the building.
Mr. Semo stated some time ago Mr. Bill Evans who owned Shell tried to purchase that property to do exactly the same thing and he was told he couldn’t do it. I think it is a great idea it is being used but why have people been told it can’t be used.
Mr. Williams stated I don’t know Mr. Evans but if someone called me up and said they would like to put a gas station there and it was after 2003 gas stations are no longer permitted in this Town. Our code changed in 2003. Whether they wanted to put a car dealership or public garage they got the same answer; yes you can do it there it is permitted within that zoning district subject to special use and site plan approval. I never told anyone they couldn’t do something that was legally permitted under zoning on that site.
Mr. Semo stated specifically he wanted to expand his (inaudible).
Mr. Williams stated there is absolutely no reason that he couldn’t go on that site and I wouldn’t have told him no.
Mr. Capasso stated why are we not allowed to have any more gas stations in our Town.
Mr. Williams stated when we went through the whole rezoning that was an issue that came up. There was a lot of discussion with the Town Board, Planning Board and Zoning Board all sitting in the same room kicking ideas around. At that time, everyone wanted to limit the number of car dealerships, auto body, and auto mechanics in the Town and spread them apart because potentially there are some environmental concerns which are why we have a limitation of one thousand feet between those types of uses. They decided to exclude gas stations from the code at the time. If the Town Board wants to revisit you can change the code anytime you feel it is appropriate to expand the number of gas stations.
Mr. Raines stated to answer Mr. Semo if anyone has any interest in developing property residential or commercial they should put it in writing with a letter of intent to me or Mr. Williams and they will get a response in writing which will be documented in the file for that property so we don’t have to have this hearsay situation. That comes up in court a lot where somebody supposedly spoke with Mr. Griffin in the last fifteen years and they want that documented but it is merely hearsay. They said they were denied by me or Mr. Piazza or Mr. Calbo or somebody else. I think it is important to send a letter of intent.
Mr. O’Connor stated the AMVET’s are having a ceremony in honor
of Gold Star Mother’s at
PUBLIC RECOGNITION
Mr. Ray Blanar stated I want to thank Mr. Joe Capasso and
Mr. Mike Semo for their help on Community Day.
They were there at
PATTERSON TOWN BOARD
Armisted. They got
there about
Mr. Steve Mandras stated Mrs. Nacerino could you give me a
recap on the Director of Recreation and Parks and the Chronic Public Nuisance
Law.Mrs. Nacerino stated the Director of Recreation and Parks we tabled. We reinstated Raymond Blanar until
October. Mr. Williams and I are going to
see if the Chronic Public Nuisance Law is something feasible. When I went on the site walk with Jeanine and
Mary Conklin there were certain things that were in violation that the renters
where responsible for but we think that there should be more accountability to
the landlords. We are looking into the
possibilities of having this law in the Town of
Mr. Mandras stated thank you that sounds great. I want to thank Mr. Williams for starting the Dorset Hollow water flushing. To give you a personal perspective, I had to replace my water heater after six years because it sounded like popcorn was popping every time the heater went on. It turned out that there were a couple of inches of sediment at the bottom of my water heater. I also had to change my water softener system because that got destroyed with the sediment that was going through it. When I replaced those two things I put a whole house filter in the house and I was going through them every seven to fifteen days and they were fifteen dollars each. They were getting so dirty the water wouldn’t go through it and I would have to replace it. Since the first flushing my filters are lasting six to seven weeks now. I’m hoping the next flushing I will actually get the three to six months that they say a whole house filter should last.
Mr. Mandras stated Mrs. Nacerino it was several months ago
that we had mentioned replacing the
Mrs. Nacerino stated it was something we planned to put in the budget for 2009, not something we could do in the fall.
Mr. Mandras stated ok. I would like to make a formal request that the complete Town Code be put on the web or on a website somewhere so we can look through the code. I know recently we put snippets of the code up. Several Town’s around use a web site. I don’t know how much it would cost. We received some correspondence where you can put the whole code up there and if people want a copy they would have to pay for it. This is something that should be easily available to the residents of Patterson and in this day and age of technology that we live in it should be accessible from a web browser. I think I sent you the name of the company.
Mr. Williams stated yes, I am familiar with it. There are a couple of different ways we can post the whole Town Code up on the web site. There is a service provided by General Code called Eagles on Line which a lot of municipalities use. All our codes are running through General Code anyway so if we are paying for the service then when we amend the code, General Code automatically amends it up on line. We looked at that when we did the recodification of our code and we basically rewrote our whole code back in 2004 or 2005. The Town Board opted not to take that service on because of the initial cost and the annual cost which was about $12,000.00 and about $3,000.00 or $4,000.00 per year.
Mr. Griffin stated yes, it was a lot of money.
Mr. Williams stated they opted not to put it up on line. Certainly the Town can revisit this. Plan B is I could work it out with Peter Reibold and we can put the whole Town Code up on line in a PDF format. It could then be maintained in house as we make Town Code changes now we will have to make them internally which I am doing now anyway. I have the whole Town Code electronically. It is just going to be a matter of my having
PATTERSON TOWN BOARD
the time to go through to make sure the code is correct and converting it to a PDF format and getting Peter to post it.
Mrs. Nacerino stated I agree with Steve, it should be available to the residents in Patterson especially in this day and age. People like that resource and it is a necessary resource. Do you have the time to do this.
Mr. Williams stated if the Board wants it up there, I can do it.
Mr. O’Connor stated we really have to get it on line.
Mrs. Nacerino stated if you feel you can accomplish that in a short period of time and Peter can do it, it would be the most cost effective way to do it.
Mr. Williams stated ok.
Mr. Raines stated once again you are putting the onus on Mr. Williams.
Mrs. Nacerino stated I just asked if he could do it.
Mr. Raines stated I think we should look at getting a proposal from General Code to do an E Code and make them responsible. It is also searchable and the way Mr. Williams will do it, it won’t be.
Mr. Williams stated PDF will be searchable.
Mr. Raines stated but not from a standpoint that I would use it. I’m not saying we shouldn’t go that way; I think you should look at it to see if it is cost effective and have it managed through E Code where it is automatic. The search engine will be different then just searching with PDF format.
Mrs. Nacerino stated there is no harm in exploring both options.
Mr. Griffin stated I will get in touch with E Code.
Mr. Mandras stated I heard that the Town of
Mr. Griffin stated I will pursue it. The last time it was done it went through the Governor’s office.
Mr. Mandras stated thank you. My son recently joined Cub Scouts. Thanks to the Town Board for letting us hang
up Blue Bird Nesting Boxes in those vacant lots on
Mr. Griffin stated Mr. Williams and I are looking at what possible decommissioning requirements might be out there because it was sub-service disposal and the other part is once we have an update on that from the Engineer’s depending on the costs and what our options are it can be used for recreational purposes. If the Board wants to pursue there are four approved building lots. They could be resold back to developers if that was an option. Right now there is nothing on the table other than a discussion about a walking track and a butterfly garden. I have not presented it to the Board because I don’t have a report from the engineer’s to do exactly what decommissioning is going to involve.
PATTERSON TOWN BOARD
Mr. Mandras stated after you find out what the decommissioning costs are you might want to put it out to the Town. I doubt anyone in the Town is going to want you to sell that to a developer to put more houses up. Maybe there are people out there that have more ideas.
Mr. Griffin stated we can also keep it in inventory if we
want to add to the
Mr. Mandras stated is there any update on
Mr. Raines spoke but due to lack of microphone usage unable to transcribe.
Mr. Mandras stated he hasn’t made any formal requests. If it gets to the stage that a formal request is made………
Mr. Raines spoke but unable to transcribe.
Mr. Mike Semo stated I liked Dave’s point on a letter of intent but if someone wants to construct something or bring a business in every Town Board member should be made aware of what takes place on something like that immediately not three months later. It is important that it is up front on the table and everyone is aware of it. I really came tonight to thank Ray Blanar and I didn’t expect to get any accolades, but he did an outstanding job on Patterson Day. He demonstrated his management capability and his people skills. It was so dynamic. He had a great time and I think everyone else had a wonderful time. Congratulations young man. Nice job.
Mr. O’Connor stated I agree with you on both issues. I would personally like to receive a copy of any application from people who would like to come in.
Mr. Griffin stated are you going to look at all the Zoning Board variance applications or just commercial.
Mr. O’Connor stated I asked the Zoning Board to send me an agenda for what is coming before them. I got them for awhile and now I don’t.
Mr. Williams stated every time we get a phone call, is that what you are looking for.
Mr. O’Connor stated no, in writing, a formal application.
Mr. Williams stated I agree with what Mr. Semo said. If you go into the file on Warner’s there was a discussion on what is permitted on that site. There is written documentation on what is permitted on that site. I believe everyone was copied on that.
Mr. Raines stated for example if Mr. Capasso wants to build something on Route 22 send me a letter and we will copy the Town Board. You may not have any say in the matter but at least you will be aware.
Mr. O’Connor stated yes, that is what we are looking for.
Mrs. Nacerino stated that is very different from something that is going to be on an agenda. It might not ever be on an agenda it’s an expression of interest. I think that is the difference.
Mr. Raines stated as a Building Department policy we will do that.
Ms. Jeanne Hackney, Patterson, stated my coming here tonight is to recognize everyone in the Town for really working with us in terms of the Hamlet and what we are trying to do to improve it. Steve and I would both agree that you guys are really doing a great job for us and I thank you for that. It’s not going to be an easy road, there is much more
PATTERSON TOWN BOARD
work to be done but we are seeing small improvements and
that is where it starts. I would like to
follow up on the topic of agendas. I
would love to see agendas coming out earlier.
Zoning Board of Appeals, ZBA approvals and the
Mr. Williams stated Mr. Murphy bid on the specifications that were provided to him and immediately turned around and said I can’t get that truck. What was specified was an upright Juniper that was clearly laid out in the specifications. He hasn’t gotten back to me yet. I don’t understand why he can’t find a single Juniper. I’m a little concerned that he bid on something he couldn’t get but we are working on it.
Mr. Raines stated I would just like to explain that there is no agenda for the court. He continued to explain the process of the courts.
Mr. John Taylor read a piece for the Town Board on the courts: The Special Commission of the future of the New York State Courts released a major report strongly encouraging the legislature to create a process by which New York’s more than twelve hundred and fifty justice courts could be logically consolidated to save taxpayer funded resources, make the courts more efficient and attract more qualified candidates to serve as local judges. You can find this report, which is one hundred and nineteen pages at nycourtreform.org.
Mr. Semo stated Jeanne brought up a point that was on the agenda. Last month I had prepared a resolution that you could consider which talks to having the agenda available on the Friday preceding your meeting date. It gives an opportunity for everybody to be prepared. If you have no objections, I will pass it on to Mr. Capasso and you can take it from there. I don’t have it with me tonight.
EXECUTIVE SESSION
There being no further business, Mr. O’Connor made a motion to go into Executive Session at
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
Mrs. Nacerino made a motion
to close Executive Session at
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at
Mr. Griffin asked if there was any other business.
Mrs. Nacerino made a motion
to appoint Daniel Covell as the protemp caretaker at the
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
PATTERSON TOWN BOARD
ADJOURNMENT
There being no further business, Mrs. Nacerino made a motion
to adjourn the meeting at
Seconded by Mr. Capasso. All In Favor: aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK