PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

SEPTEMBER 26, 2007

 

MINUTES

 

PRESENT:      MICHAEL GRIFFIN, SUPERVISOR

GERALD HERBST, COUNCILMAN

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 8:00 p.m. with 12 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 $100,587.64, Highway Fund-Item 4 Miscellaneous $769.01, Highway Fund-Employee Benefits $17,075.02, Putnam Lake Light District $1,617.71, Patterson Light District $1,666.14, Putnam Lake Refuse District # 1 $28,527.02, Patterson Refuse District # 2 $33,291.71, Patterson Park District $350.95, Alpine Water District $693.13, Dorset Hollow Water District $399.00, Fox Run Water District $4,909.71, Front Street Sewer District $2,932.00, Capital Fund $479,925.24.

Total Abstract $672,744.28

 

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.

 

GINNY NACERINO

 

RECREATION RESIGNATION

 

Mrs. Nacerino stated I have here a couple of resignation letters generated from the recreation department; one being Cathy Smith who has submitted a letter to resign from her position as a part time recreation assistant at the recreation center.

 

Mrs. Nacerino made a motion to accept Cathy Smith’s resignation effective this evening.

 

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

 

Mrs. Nacerino stated I also have a letter from Judy McNulty resigning from her position on the recreation board and her position on the park advisory board.

 

Mrs. Nacerino made a motion to accept both her letters.

 

Seconded Mr. O’Connor.

 

Mr. Griffin stated effective immediately.

 

Mrs. Nacerino stated effective immediately.

 

All In Favor:  aye.  Carried.

 

RECREATION REQUEST – TRAINING

 

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Mrs. Nacerino stated I have a request from our employee Cathy Fagan requesting to take an Excel course.  Cathy’s position requires her to use Excel much more frequently than in a previous position that she had with the Town and therefore I think it would be in the best interest to allow her to attend this course.  That’s my recommendation.

 

Mrs. Nacerino made a motion to allow Cathy Fagan to attend the Excel course.

 

Seconded by Mr. O’Connor.

 

Mr. Griffin stated courses begin November 19th at a cost of $65.00.

 

All In Favor:  aye.  Carried.

 

DAVE’S CAST OF CHARACTERS – HALLOWEEN

 

Mrs. Nacerino stated we have here a request from Judy McNulty for the Halloween party from Dave’s Cast of Characters to orchestrate the Halloween party which we have yearly.  When looking at this request, I personally feel that the $895.00 is certainly for one hour of entertainment it certainly is exorbitant and in accordance with our procurement policy I would like to see three quotes.

 

Mrs. Nacerino made a motion not to accept this contract this evening and would ask that the recreation department and the recreation board submit three quotes for the Halloween party.

 

Seconded by Mr. Kassay.

 

Mr. Griffin stated so basically you’re making a motion to table this.

 

Mrs. Nacerino stated table this pending producing three quotes…

 

Mr. Griffin stated compliance with the procurement policy.

 

Mrs. Nacerino stated exactly.

 

Mr. Griffin stated good.

 

All In Favor:  aye.  Carried.

 

MIKE GRIFFIN

 

BURDICK BARN/STEPHEN KURSH

 

Mr. Kursh stated first I would like to express our thanks to the Town of Patterson for making the Burdick Barn available to us.  It’s been a most exciting, exasperating, expensive experience.  I would like to respectfully request to return our performance deposit. 

 

Mr. Griffin stated ok, well I have some good news and some mediocre news.  We spoke to the highway department and they are more than willing to perform the work.  I’ve made a recommendation to the Town Board that we return all but about $2,000.00 of your remaining $24,500.00 and if the highway department says it’s $1,000.00 worth of work…

 

Mr. Kursh stated I’m expected to pay for that.

 

Mr. Griffin stated I think we’re somewhere in the middle.  We did talk about the clean up and leaving the site in a workmanlike manner.  Unless the Board wants to release all but $1,000.00 – I don’t know how long it’s going to take the highway department and I don’t

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know if Charlie is even going to ask for compensation for doing it.

 

Mr. Kursh stated when do we find out.

 

Mr. Griffin stated I can probably find out shortly.  I asked him for an estimate of the time.  He’s been finishing up paving, the clock is running out on paving this time of year so if I get the word from him as to a fixed dollar amount I will be more than happy to bring this back at the next meeting.  If he says don’t worry about it, we’ll send you a check for your other $2,000.00.  Unless the Board wants to…

 

Mr. O’Connor stated I was up there with Mr. Kursh.  He’s very busy these days.  He might have to send a guy up in a truck with a little bit of overtime but I think $1,000.00 would cover it.

 

Mrs. Nacerino stated I agree.

 

Mr. Griffin introduced the following Resolution for Performance Bond Reduction for Stephen Kursh

R0907-06

 

WHEREAS, Stephen Kursh has entered into a contract to remove a barn and silo, hereinafter the “Project”, located at the intersection of Bullet Hole Road and Ice Pond Road on property owned by the Town of Patterson, being formerly part of 410 Bullet Hole Road, and identified as tax map #34.-5-5, and

 

WHEREAS, Stephen Kursh has posted with the Town of Patterson a cash bond in the amount of $35,000.00 held in the Putnam County National Bank to ensure completion of the project, and

 

WHEREAS, Stephen Kursh has request and received a reduction in the amount of the cash bond from $35,000.00 to $24,500.00, and

 

WHEREAS, Stephen Kursh has completed additional work in demolishing and removing the barn structure as noted in the Supervisor’s memo to the Town Board dated September 26, 2007, and

 

WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation of the Town Supervisor and reduce the amount of the cash bond posted to ensure completion of the project;

 

NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby directs that the cash bond or security posted by Stephen Kursh in the amount of $24,500.00 is further reduced by $23,500.00 to $1,000.00, and

 

BE IT FURTHER RESOLVED, that the bond or security posted for the project be subject to prior approval by the Town Attorneys, CURTISS, LEIBELL & SHILLING, P.C., as to sufficiency and form.

 

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

 

CORNWALL HILL ESTATES – ROAD DEDICATION

 

Mr. Griffin introduced the following Resolution for Consent to Laying Out Highway

R0907-07

 

WHEREAS, BMMD,LLC a New York limited liability company with offices at 166 Somerset Drive, Patterson, New York 12563, has offered for dedication to the Town an improved right of way known as “Somerset Drive and Cheshire Court” together with all associated drainage and sight distance clearing easements for dedication to the Town, and

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WHEREAS, Curtiss, Leibell & Shilling, P.C., Town Attorneys, have received all documents required to transfer title to the Town and has deemed said documents satisfactory, and

 

WHEREAS, the Town Highway Superintendent and Town Engineers have certified the road as ready for dedication, and

 

WHEREAS, the Town Highway Superintendent has requested the consent of the Town Board in laying out the highway known as Somerset Drive and Cheshire Court;

 

NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby consents to the request of the Town Superintendent of Highways of the Town of Patterson to make an order laying out the lands to be released for highway purposes in accordance with the provisions of the Highway Law and other statutes applicable thereto, and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby accepts ownership rights to the right of way known as “Somerset Drive and Cheshire Court” as well as all drainage improvements and easements and sight distance clearing easements associated thereto.

 

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

 

Mr. Griffin made a motion that we approve the Licensing Agreement as to form and approval of the Town Attorneys.

 

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

 

Mr. Bruce Major, representing BMMD, stated I’d like to thank the Board for accepting the road.  I’d also like to thank Tom McGinn, Anthony Molé and Rich Williams.  They’ve been extremely helpful over the last six weeks as we moved towards this point.  This is our first road so it was a new process for us but I can truthfully tell you that the Town made it extremely easy and we do appreciate it.  Thank you.

 

RFP WWTP OPERATOR

 

Mr. Griffin made a motion to authorize the Town Clerk to put out a request for proposals for a Hamlet Sanitary Sewer District Water Treatment Plant Operator.

 

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

 

TOWN COMPTROLLER’S BUDGET REQUEST

 

Mr. Griffin stated we have a number of budget transfer requests from the Town Comptroller regarding contingency account, special council traffic court, contingency account special council, building department training, building department contractual, and moving some money around in the contingencies.

 

Mr. Griffin made a motion that we approve the budget transfers as written.

 

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

 

ANNUAL REASSESSMENT PROGRAM

 

Mr. Griffin introduced the following Resolution for Authorization to Enter into Annual Assessment Plan with Office of Real Property Services

R0907-08

 

WHEREAS, Section 305 of the New York State Real Property Tax Law mandates

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uniform and equitable assessments, and

 

WHEREAS, the Town Board of the Town of Patterson is convinced that a review and update of the Town Assessment Rolls is necessary to maintain compliance with Section 305 of the New York State Real Property Tax Law, and

 

WHEREAS, the New York State Office of Real Property Services has requested that the Town of Patterson enter into an annual assessment plan, and

 

WHEREAS, the Town Board of the Town of Patterson has received a written recommendation dated September 26, 2007 from the Town Assessor in which the Town Assessor recommends that the Town enter into an annual assessment plan with the New York State Office of Real Property Services for the reasons set forth therein, and

 

WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation of the Town Assessor in this matter and finds that it is necessary to enter into an annual assessment plan with the New York State Office of Real Property Services, and

 

WHEREAS, the Town Board of the Town of Patterson wishes to approve said annual assessment plan by Town Board resolution prior to entering into same;

 

NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves entering into an annual assessment plan with the New York State Office of Real Property Services, and

 

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

 

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

 

GERALD HERBST

 

VACATION REQUEST

 

Mr. Herbst made a motion to grant the vacation requests as written.

 

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

 

RECREATION REQUEST – HOT DOG MACHINE/PRETZEL MACHINE

 

Mr. Herbst stated I have a request from the recreation center.  They would like the Town Board to approve the purchase of a hot dog roller in the amount of $1,159.00 and a pretzel oven warmer in the amount of $1,479.00.  They have the money in their budget and these two items will probably pay for themselves in no time.

 

Mr. Herbst made a motion to grant their request as written.

 

Seconded by Mrs. Nacerino.

 

Mr. Raines stated make sure that all the equipment is UL listed before they go ahead with it.

 

Mr. Herbst amended the motion to read based on the approval of the building inspector.

 

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

 

SOUTH STREET – SIDEWALK REPAIR – DISCUSSION

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Mr. Andy DiStefano, Dorset Hollow, stated since I’ve joined the ranks of the retired, I take my daughter to school every day at Matthew Paterson.  A number of mothers, and I’m part of the mothers club now, have approached me and spoken to me about the condition on South Street where the sidewalk that leads to the school starting from West Street all the way down to the school on one side of the street there is no sidewalk and on the other side of the street, the side of the school, there’s not a sidewalk, it’s more like extended raised blacktop.  There’s no cut, there’s no curb, there’s no yellow markings.  I don’t walk there much, but I did take a look at it and it’s very dangerous because there is no area for any of the moms to walk and sometimes they have two or three kids with them. There are school buses that are barreling down there at 30 m. p. h. which is way too fast, but that’s another story, and they come flying down Front Street, they make the turn on Townsend and then make the left down South Street and they’re barreling down South Street towards the school.  There’s no area for the kids to walk.  At some points the sidewalk is maybe less than two feet wide.  There is room to extend it and I would just ask if Charlie Williams could take a look at it and if there’s anything (inaudible) be maybe big job to redo the whole thing but if he could just add to it, maybe just make a curb and yellow paint along the curb or something to differentiate between the street and the sidewalk.  It is a concern.

 

Mr. Herbst stated I took a look at that today and you’re right.  The whole thing is made of blacktop; it’s not cement or anything like that and it does extend right out into the road.  There is no grass there, in fact somebody has their car parked almost on the walkway so it really does need something.  Maybe we can get Charlie to look at it and see what can be done.  I believe that blacktop was done by Bill Burdick if I’m not mistaken.

 

Mr. Griffin stated I believe it was Ritchie Tompkins.

 

Mr. Herbst stated either way it’s been there for a while.

 

Mrs. Nacerino stated I’m sure Charlie would have no objection to looking at it and evaluating it.

 

Mr. Griffin stated looking at it and evaluating it, probably not.  We probably ought to get Tom McGinn involved in that as well.

 

Mr. O’Connor stated can I ask you a question since you were there, you mentioned speeding or barreling.  Do you notice if the vehicles stop at the stop signs that we put there just for that purpose.

 

Audience member stated no.

 

Mr. O’Connor stated do the school buses stop.

 

Mr. Kassay stated they don’t stop for the stop signs.

 

Mr. DiStefano stated before I started sending my daughter there I know it for years.  I used to walk to the post office (inaudible).  I always thought those bus drivers were reckless; flying down Front Street, flying down Townsend.

 

Mr. Griffin stated you should have been around before we fixed the curbing in front of the Chinese restaurant and watch them throw that back wheel over the curb at 25 m. p. h.

 

Mr. DiStefano stated yes, they are something else.  I know this is a school issue, but the sidewalk…

 

Mr. Griffin stated nothing says we can’t send correspondence to the school saying that we’ve received numerous complaints.

 

Ms. Stacy Damiano, Dorset Hollow, stated my daughter started kindergarten this year

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and we do walk every single day – myself, my five year old and a two year old in a stroller. With just a stroller in front of me, my five year old has to walk in front of the stroller because there is not enough room for my daughter to walk next to me.  The buses are flying down South Street, not stopping at stop signs; not only the parents dropping off kids, the school buses as well do not come to a complete stop there and when you get to the school it becomes 10 m. p. h. which it should be from West Street when you make the right on South Street.  That should all be 10 m. p. h. but that’s a whole other issue.  Also, I walk down West Street and make a right onto South Street where I should be but instead I have to, with my daughter in a stroller and my five year old, cut through the school administration building which has an extremely active parking lot at 9:00 a.m. but my choice is cut through there and hold their hands and pray or go down and make a right turn onto a non-sidewalk area and pray that the bus is not coming and for me to have to get up and get my kids out of the house ten minutes earlier just to make sure we’re there before the buses is absolutely unacceptable. Somebody is going to get hurt or God forbid worse, because it is an extremely dangerous situation.  There are a lot of kids walking from Dorset Hollow and South Street.  I don’t know in years past if there have been, but I walk every single day and there are tons of parents and somebody always has to move over to the grass and right when you get to school there’s this beautiful white sidewalk with a yellow stripe along the side but it ends there. It’s something that really needs to be looked at soon because as the weather gets worse it’s going to get more dangerous.

 

Mrs. Nacerino stated in addition to the poor condition of the sidewalk, has anybody called the transportation department at the school district to voice their concern about the speeding bus drivers. 

 

Ms. Damiano stated no, but I will tomorrow.

 

Mrs. Nacerino stated I think that’s something that needs to be documented and a call needs to be placed so it is documented and so they do know…

 

Ms. Damiano stated I think the issue really is when you’re walking with children they are going really fast.

 

Mrs. Nacerino stated they should proceed with caution.

 

Ms. Damiano stated they’re definitely not.  That whole strip there needs to be 10 m. p. h. and that needs to be addressed.

 

Mr. O’Connor stated a full distinct stop at the number of the stop signs we put in is more than one.

 

Ms. Damiano stated but the stop sign is at the school, the stop sign is not – there is no stop sign there.  When you cross across West Street where the recreation center is it’s a straight-a-way.  They are going for a good three blocks without a stop sign.  There needs to be either an additional stop sign there, it needs to be reduced to 10 m. p. h. and the bus drivers and the parents need to be watching out for the kids.  Bottom line is the sidewalk is totally unacceptable.  They could have put fence on the other side; something to keep my daughter and our neighbors safe otherwise somebody is going to get hurt. 

 

Mr. Herbst stated I don’t see why we can’t find out about lowering the speed limit as well.  I don’t know if we can do it at 10 m. p. h., but 15 m. p. h. might be a reasonable one and another stop sign there and they couldn’t go anywhere, they’d have to slow down because they’re coming right up to a stop sign and then they’ll come to another one…

 

Ms. Damiano stated (inaudible) people coming, there’s people going.  The buses are very close to the so called sidewalk and the kids walk with their backpacks hanging out to the side and swinging there hands and somebody is going to get seriously hurt.

 

Mr. Kassay stated it sounds like it would be better to have the sidewalk widened.

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Ms. Damiano stated there’s plenty of room.

 

Mr. Herbst stated the thing is this Ernie, the sidewalk is widened in some spots and that’s when somebody took advantage today of parking their car right up almost on the sidewalk so that may protect the kids from the school bus, but there’s no place for them really to walk because the car is there.

 

Mr. Kassay stated there could be no parking signs erected there…

 

Mr. Herbst stated well that’s the other thing we have to look into.

 

Mr. Kassay stated with regard to speeding, if you don’t have a police officer there every day you know what’s going to happen so that’s really not going solve the problem with speeding or endangerment of the people walking on the sidewalk that is not ample.  The best way to go would be to get the sidewalk widened and I think that would be the quickest way.  At least we could get the mothers and children further in the sidewalk.

 

Mrs. Nacerino stated but in addition, Carmel Transportation at the Carmel Central School District needs to be advised of this as well.

 

Mr. DiStefano stated is that 81 South Street.

 

Mrs. Nacerino stated their bus barn I believe is up on 52, but it’s listed in the phone book or on your school calendar.

 

Mr. DiStefano stated like I said, for years I always thought the drivers were reckless.  I would walk to the post office and they were flying down Front Street, making a right on Townsend and making a left on South Street and it was just a straight-a-way and what’s worse is they travel in caravan fashion.  There’s six or seven buses at one time so it’s almost like a train.

 

Mr. Kassay stated we had complaints on South Street about that some years back and that’s the reason why the stop signs originated.  It did solve the problem in the areas where the stop signs are because the people there told us it did.

 

Mrs. Nacerino stated Ernie, what would constitute a school safety zone.

 

Mr. Kassay stated well you could do a school safety zone at 20 m. p. h. and that’s the lowest you can go legally.  The State law is 20 m. p. h.  Any other sign would not be valid and an officer could not do his job with a 10 m. p. h. sign there.  I think the public needs to have more access to get away from the road.

 

Ms. Damiano stated there’s a fence along the side, there’s plenty of room there (inaudible). I have the choice to put my kid on the bus but I chose to have her walk because I live right there.

 

Mr. Kassay stated it’s better for them to walk, you are absolutely right.

 

Ms. Damiano stated she’s five and I want to walk her to school and I want her to be safe.  I honestly think I should be able to stand 100 ft. away from the school and say bye and have a good day at school and I can’t.  I have to walk her all the way up to that door and watch her go in because if she puts one little arm out, she’s going to get hit by a bus.

 

Mr. Kassay stated I think you need to speak to Charlie about it and…

 

Mr. Herbst stated right and Tom McGinn.

 

Mr. Kassay stated and get that ball rolling.  With the other, we’ll just take it a step at a time.  We could look into a school zone, but I think Carmel Transportation should be

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notified like Ginny said and we’ll take care of the sidewalk and the matter should be resolved at that point.  If not, then we’ll have to have the sheriff’s department there and get the school speed zone down to 20 m. p. h. and they could start writing summonses; that’s the only other deterrent.

 

Mr. O’Connor stated if they could get a few phone calls from the outside and then a call from us, I think it would help.

 

Mrs. Nacerino stated or a letter.  A letter from all of your neighbors.

 

TECHNOLOGY REQUEST

 

Mr. Herbst made a motion to grant the request to attend a technology class at Brewster Technology for an amount not to exceed $325.00.

 

Seconded by Mr. Kassay. 

 

Mr. Griffin stated what is she going to be doing.

 

Mr. O’Connor stated something technological.

 

Mrs. Nacerino stated one is an all day power point class that would enable us to be able to do power point presentations in the future.  That’s my objective and the other is publisher so we can continue with the Town newsletter.  I’d like to assume that responsibility. 

 

All In Favor:  aye.  Carried.

 

RECREATION PARKING SIGNS

 

Mr. Herbst stated I have a request from Paul Fava who is the maintenance director at the recreation center.  There’s been a problem with people parking there early in the morning and leaving their cars all day therefore taking up spaces that when other things are going on, there’s no place for these people to park.  He would like to put up some signs that say if you park here and you’re not supposed to or if you are parking illegally, your car will be towed at your expense.  Anthony, he talked to you about that and do we have the legal right to do it.

 

Mr. Molé stated we’re not talking about no parking signs along the street.  We’re talking about in the parking space.

 

Mr. Herbst stated no, we’re talking about in the parking lot, right by the doors to get into the recreation center.

 

Mr. Molé stated I’ll double check.  I think that has to be done by resolution.

 

Mr. Herbst stated so it’s ok.

 

Mr. Molé stated yes.

 

Mr. Herbst made a motion that we grant his request.

 

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

 

Mrs. Nacerino stated I just have a question regarding that.  I think that the concept is great in theory but who’s going to enforce it once the signs are put up.

 

Mr. Griffin stated the code compliance officer. 

 

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Mr. Kassay stated the signs are on private property or Town property so if Paul observes an unauthorized vehicle after a couple of days, I’m sure with his rapport with…

 

Mr. Griffin stated what’s basically happening is…

 

Mrs. Nacerino stated it’s not a couple of days that could really…

 

Mr. Griffin stated you’ve got a couple or three things going on down there.  You have some people that don’t want to pay Metro North fees so they’re parking in the recreation parking lot, you’ve got some people that are using the environmental park that don’t want to drive down there so they leave their cars in there and then they go canoeing, bicycling or whatever for three or four hours and what’s happening is when the seniors are there in particular, they have to park much further away from where the activities are because somebody else is taking up the parking places that shouldn’t have been taken up in the first place. What we are talking about putting up is the parking for recreation center only, anyone else will be towed and at that point if you’ve got a car and you went to New York City to go to work that day and you left it in our parking lot, you may be surprised when you get back and it’s not there so get yourself a Metro North parking permit and do it the right way.

 

Mr. Raines stated Anthony, I don’t know if you concur, but I would like to see the verbiage approved by your office before we order the signs so we don’t get in a problem down the road when we go out to enforce it.

 

Mr. Molé stated sure.

 

EDMOND O’CONNOR

 

NEW HIRE RECREATION

 

Mr. O’Connor stated the recommendation from Melissa Brichta is to hire Ms. Veronica Roche as a recreation monitor, part time for the rate of $10.00 per hour pending approval and background checks, which I’m sure are fine since she helps run a day care center now.  The good thing about this is Ms. Roach is a resident of Putnam Lake and is very active with the young people there both at the day care center and through the PLCC and I’m sure her involvement in the recreation center will be more effective in reaching Putnam Lake for what’s going on.

 

Mr. O’Connor made a motion to hire Ms. Veronica Roche at a rate not to exceed $10.00 per hour.

 

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

 

RENTAL REGISTRATION LAW

 

Mr. O’Connor introduced the following Resolution of Adoption Local Law No. 9 of 2007

R0907-09

 

WHEREAS, an amendment to Patterson Town Code Chapter 129, entitled “Rental Registration Law”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-8 of 2007, and

 

WHEREAS, a public hearing was held on September 26, 2007, upon notice duly published and posted, and

 

WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and

 

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WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 129, entitled “Rental Registration Law, which amendment will add Chapter 129 to provide for the administration and enforcement of the registering of apartments within the Town of Patterson, and

 

WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes an UNLISTED ACTION, and

 

WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the Rental Registration Law as well as other supporting documentation for the project;

 

NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:

 

1.                  The proposed local law will not create a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.

2.                  The proposed local law will not create a substantial increase in potential for erosion, flooding, leaching or drainage problems.

3.                  The proposed local law will not create a substantial increase in traffic or the use of existing infrastructure.

4.                  The proposed local law will not create a removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.

5.                  The proposed local law will not create a significant impairment of the character or quality of important historical, archeological, architectural or aesthetic resources.

6.                  The proposed local law will not create a significant impairment of existing community or neighborhood character.

 

BE IT FURTHER RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination, and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby adopts Chapter 129, entitled “Rental Registration Law” in the form and manner as provided below, which Chapter will provide for the administration and enforcement concerning the registering of apartments, and

 

BE IT FURTHER RESOLVED, that Introductory Local Law I-8 of 2007 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 9 of 2007 of the Town of Patterson, and

 

BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.

 

Seconded by Mrs. Nacerino.  Roll Call Vote:  Mr. Herbst, yes; Mr. Kassay, no with the explanation that I would like the public to have the opportunity to be able to peruse the document and hear if they have anything else to add at the next Town Board meeting before it gets passed; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.  Roll Call Vote Carried.

 

Mr. O’Connor stated I was just wondering whether or not you thought and I thought that we had enough discussion on it for the people that are here but it will be public and if there is any input later on, we’d be happy to hear it.

 

Mr. Griffin stated it can always be amended.

 

PATTERSON TOWN BOARD                    SEPTEMBER 26, 2007          PAGE 12

TOWN BOARD MEETING

 

FOX RUN WATER PLANT – TREE REMOVAL

 

Mr. O’Connor stated we have a letter from the Town Planner that while he was at the water treatment plant for Fox Run he noticed that a rather large 24 inch white oak had been struck by lightning and had died and three smaller birch trees that had died.  Each of those pose a threat to the building, generator and the fence and should be removed.

 

Mr. O’Connor made a motion that we take whatever action is necessary to remove those four trees from the Fox Run Water Treatment Plant.

 

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

 

Mr. Griffin stated just so you should know, it’s already in the works.

 

ERNEST KASSAY

 

SET PUBLIC HEARING – HARMONY ROAD AND HAVILAND HOLLOW ROAD SPEED LIMIT SIGNS

 

Mr. Kassay stated we found out very late this afternoon from the Town Attorney’s office that in this particular case to do with speed limit signs that we want to have installed and approved does not need a public hearing.  Harmony Road in the Town of Patterson is off Route 292; it runs for approximately 8/10 of a mile and there is no speed limit sign on it whatsoever, which means that 55 m. p. h. would be the legal speed.  In speaking with the County highway department, because it is a County road within the Town of Patterson, they recommend we post the speed limit at 35 m. p. h. which would be in uniformity with Dutchess County.  The Town Board needs to adopt a resolution so that if approved, I can hand deliver it to the Putnam County highway department and they in turn will forward it to the State D. O. T.  They then have to tell the Putnam County highway department that it is ok to post the speed limit signs.

 

Mr. Kassay introduced the following Resolution for Request to Putnam County Highway Superintendent and New York State Department of Transportation to Set Speed Limit on Harmony Road

R0907-10

 

WHEREAS, Harmony Road is a County Road, a portion of which, approximately eight-tenths of a mile in length, is located within the Town of Patterson, and

 

WHEREAS, there is no posted speed limit sign along the portion of said road that is located within the Town of Patterson, and

 

WHEREAS, it has come to the attention of the Town Board of the Town of Patterson that there have been numerous incidents of speeding on said road, and

 

WHEREAS, if there is no posted speed limit on said road, then the speed limit would be fifty-five (55) miles per hour, which is an unsafe speed on Harmony Road and which creates a dangerous condition on said road, and

 

WHEREAS, the Town Board of the Town of Patterson wishes to set the maximum speed limit of said road in the Town of Patterson at thirty-five (35) miles per hour for the benefit of the health, safety and welfare of the community, and

 

WHEREAS, pursuant to Section 150-9 of the Patterson Town Code and Section 1622 of the New York State Vehicle and Traffic Law, the Town Board of the Town of Patterson wishes to submit a request to the Putnam County Highway Superintendent and the New York State Department of Transportation to set the maximum speed limit at thirty-five (35) miles per hour for the portion of Harmony Road that is located within the Town of Patterson, and to erect posted speed limit signs on said roadway;

PATTERSON TOWN BOARD                    SEPTEMBER 26, 2007          PAGE 13

TOWN BOARD MEETING

 

NOW THEREFORE BE IT RESOLVED, pursuant to Section 150-9 of the Patterson Town Code and Section 1622 of the New York State Vehicle and Traffic Law, that the Town Board of the Town of Patterson hereby submits a request to the Putnam County Highway Superintendent and the New York State Department of Transportation to set the maximum speed limit at thirty-five (35) miles per hour for the portion of Harmony Road that is located within the Town of Patterson, and to erect posted speed limit signs on said roadway, and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to forward this Resolution to the Putnam County Highway Superintendent and the New York State Department of Transportation, and to execute any and all documents necessary to give effect to this resolution.

 

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

 

Mr. Kassay stated Haviland Hollow Road in the Town of Patterson is off Route 22.  This road has no speed limit sign on it at all in either direction.  The obvious speed limit is 55 m. p. h. and the people are doing 80 m. p. h.  The same criteria will apply for this road as well.

 

Mr. Kassay introduced the following Resolution for Request to Putnam County Highway Superintendent and New York State Department of Transportation to Set Speed Limit on Haviland Hollow Road

R0907-11

 

WHEREAS, Haviland Hollow Road is a County Road, a portion of which, approximately two and one half miles in length, is located within the Town of Patterson, and

 

WHEREAS, there is no posted speed limit sign along the portion of said road that is located within the Town of Patterson, and

 

WHEREAS, it has come to the attention of the Town Board of the Town of Patterson that there have been numerous incidents of speeding on said road, and

 

WHEREAS, if there is no posted speed limit on said road, then the speed limit would be fifty-five (55) miles per hour, which is an unsafe speed on Haviland Hollow Road and which creates a dangerous condition on said road, and

 

WHEREAS, the Town Board of the Town of Patterson wishes to set the maximum speed limit of said road in the Town of Patterson at forty (40) miles per hour for the benefit of the health, safety and welfare of the community, and

 

WHEREAS, pursuant to Section 150-9 of the Patterson Town Code and Section 1622 of the New York State Vehicle and Traffic Law, the Town Board of the Town of Patterson wishes to submit a request to the Putnam County Highway Superintendent and the New York State Department of Transportation to set the maximum speed at forty (40) miles per hour for the portion of Haviland Hollow Road that is located within the Town of Patterson, and to erect posted speed limit signs on said roadway;

 

NOW THEREFORE BE IT RESOLVED, pursuant to Section 150-9 of the Patterson Town Code and Section 1622 of the New York State Vehicle and Traffic Law, that the Town Board of the Town of Patterson hereby submits a request to the Putnam County Highway Superintendent and the New York State Department of Transportation to set the maximum speed limit at forty (40) miles per hour for the portion of Haviland Hollow Road that is located within the Town of Patterson, and to erect posted speed limit signs on said roadway, and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to forward this Resolution to the Putnam County Highway

PATTERSON TOWN BOARD                    SEPTEMBER 26, 2007          PAGE 14

TOWN BOARD MEETING

 

Superintendent and the New York State Department of Transportation, and to execute any and all documents necessary to give effect to this resolution.

 

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

 

ELECTRONICS DROP-OFF PROGRAM

 

Mr. Kassay stated the electronics drop-off program is being run by the Putnam County recycling drop-off center.  This is a new program; it will available every Saturday beginning September 22nd from 8:00 a.m. to 4:00 p.m.  They will be accepting all electronic items at the Donald B. Smith Campus, 110 Old Route 6, Carmel, NY.  There is a $10.00 permit fee along with fees for items.  There will be notices in the reception area at the Town Hall.  If there are any questions, call Gordon Maxwell at 845-225-2724.

 

STOP SIGNS UPDATE

 

Mr. Kassay stated there were no stop signs here at Leibell Place and Route 311 and four locations on Route 22 that intersects with Old Route 22 in the Town of Patterson. We had a public hearing, resolutions were given to the State and the Highway Superintendent helped out with his motivation.  There are brand new signs in place at all the locations.

 

EXECUTIVE SESSION – PERSONNEL

 

Deferred until end of meeting.

 

OTHER BUSINESS

 

Mr. O’Connor stated at the last meeting I made a request that we consider extending a building permit for a woman in Putnam Lake.  I was asked about the building department’s consideration of it.  I just got a letter from Mr. Raines as follows:  Ms. Barbara Ras obtained a building permit for an 8 ½ ft. front porch. It has been brought to this department’s attention the contractor has not completed the work and since that time has left with her money.  She hired a second contractor with the same course of events and the porch is left in an unsafe condition.  The incident has been brought to the attention of Putnam County Consumer Affairs.  They are working to assist Mrs. Ras.  Due to the circumstances involved with the contractor’s failure to comply with the project in a timely fashion, in light of the fact that the contractor took her money and left the job, this department has no objection to continue to keep the building permit open without additional charge until the end of December 2008. 

 

I think in the interest of justice, this woman has had problems enough and this would not cost us anything directly, the little bit we could do to help her would be helping her to get justice.

 

Mrs. Nacerino stated Mrs. Ras did contact me by email and sent me a lovely email describing the situation and the conditions and the problems that she’s going through and I certainly will support this endeavor to extend her building permit to 2008.  It’s a unique situation, it’s a hardship and I think we need to show a little compassion here. 

 

Mr. Raines stated after reviewing this extensively this is clearly an exception.  There is no cost to the Town in my department.  This is just a series of unfortunate circumstances this homeowner has gone through and again (inaudible) extending the permit through the end 2008.  There’s no burden to the Town at all.  We will continue to do inspections and hopefully she’ll be able to get somebody on board that can finish the work to code.

 

Mr. O’Connor made a motion to inform the building department that they can keep the building permit for Mrs. Ras for the porch open until the end of 2008.

 

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

PATTERSON TOWN BOARD                    SEPTEMBER 26, 2007          PAGE 15

TOWN BOARD MEETING

 

Mr. Griffin stated I think you all got a copy of an email that I received in my office from Patricia Simmons.  Her husband has been diagnosed with rheumatoid arthritis and he is unable to work.  They have received absolutely zero help from Social Services or anybody else.  If anyone has any ideas, let me know.  I contacted the Rotary, the Lions.  If there are any other service organizations that anybody could think of that might be able to help these folks, let me know. 

 

PUBLIC RECOGNITION

 

None.

 

There being no further business, Mr. Herbst made a motion to go into Executive Session at 8:40 p.m.

 

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

 

Mr. O’Connor made a motion to close Executive Session at 9:20 p.m.

 

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

 

ADJOURNMENT

 

There being no further business, Mr. Herbst made a motion to adjourn the Town Board meeting at 9:20 p.m.

 

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

 

 

                                                Respectfully submitted,

 

 

                                                ________________________________________________

                                                            ANTOINETTE KOPECK, TOWN CLERK