TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
November 18, 2009
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
JOSEPH CAPASSO, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
ANTOINETTE KOPECK, TOWN CLERK
TIMOTHY CURTISS, TOWN COUNSEL
ABSENT: ERNEST KASSAY, COUNCILMAN
EDMOND O’CONNOR, DEPUTY SUPERVISOR
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 45 in attendance.
PRESENTATION – REALITY CHECK
My name is Diane Moore and I am Coordinator for Reality Check which is a youth action initiative against tobacco at the Putnam County Youth Bureau. I am here tonight with two Reality Check members Ashley Berry and Kiely Anderson. They are also Town of Patterson residents and go to school locally.
Realty Check as I mentioned is a youth action initiative against tobacco. It is funded through the New York State Department of Health and we have been in existence since 2001. We work on issues relating to youth exposure to tobacco, tobacco litter and tobacco advertising sponsorship and promotion. You have definitely heard of us before because you were good enough to pass a resolution a few years back for our smoke free movies initiative which was and still is our initiative to get smoking out of youth rated films. We feel we will have some success pretty soon on that with all the support with Boards such as you.
Tonight we are here to talk about another initiative that we have been working on. One that has personally impacted us and one that at this time impacts many people in the community but especially impacts our young people. That is the smoke free outdoors initiative. What we are asking our communities, municipalities, private organizations to consider is making their facilities where children play to be smoke free. These would be outdoor spaces because we do already have smoke free indoor spaces. In particular we have been looking into some of the parks and beaches in the Town of Patterson. We have done a little research. One of the things we discovered was that you do have a smoke free beach at Veteran Memorial Park but you do not have one in the Putnam Lake area nor is there a smoke free playground ordinance for the playground in Putnam Lake. I want to turn this over to Ashley so she can tell you a little bit about what we have been doing on this subject and she can share with you some of our findings.
My name is Ashley Berry and I have been in Reality Check for three years. I live in Putnam Lake and where there is smoking it is no place for kids to be playing. Today we went to the park and we saw that there were a lot of cigarettes on the ground as well as other things. I have had experiences myself being in different places having people smoking around me when I am with little kids. I’m babysitting now so when I am with little kids and I see people smoking I get a little nervous because there is no safe amount of second hand smoke. We took some pictures and we found a lot of cigarettes that we picked up and put them in a piggy bank. These are things we found in the playground at Putnam Lake Park. They are things that little kids can see and they can pick up. We found an empty carton of cigarettes and beer bottle caps.
Now Kiely will talk about her experiences.
When I was at the park with my younger brother Jake who is one and a half years old, he picked up a cigarette and he almost put it in his mouth. That wouldn’t have been good because he could have swallowed it. At the beach I am doing a swim team there for Putnam Lake and I have seen a lot of cigarettes there. I don’t think that is safe for the humans or the sea life.
Ms. Moore stated our goal is to work on making the air clean and reduce and remove litter from these areas where children play. It became apparent that where people congregate to smoke very often they may be doing other things. We also found beer bottles. These we found right outside of the playground but in the playground itself we found the caps. We also have some pictures showing where the butts were found and showing the areas where they are smoking. There is graffiti on the equipment. Parents are also smoking at the park. We are talking about second hand smoke exposure. It’s fair to say at a time like this when we are concerned with H1N1 there is research that smokers are more susceptible to complications of H1N1. Certainly if your little child is exposed to that smoke it can’t be good for your lungs too. It’s not okay to smoke cigarettes and smoking cigarettes will make you sick and we as adults are there to protect young children. Thank you.
Mrs. Nacerino stated while I am certainly in agreement with you and support your endeavor, besides imposing a fine or having people monitor during peak hours how is this enforced during non-peak hours.
Ms. Moore stated good question and I should have mentioned that this wouldn’t be the first ordinance in Putnam County. In fact, the first smoke free beach ordinance is in the Town of Carmel. That was done back in the 1990’s. They claim to be the first in the country. Having spoken with someone who used to be in charge of the lifeguards and was there when the law changed indicated to me that it became a self policing thing. When the signs were put up lifeguards were able to say this is a no smoking area. People were generally compliant when there is a law and there is a posting. The same goes for smoke free campuses at school. The Town of Kent also has smoke free beaches. That was enacted a few years ago. They told us that was successful. The County of Putnam has adopted smoke free beaches and open spaces legislation. It becomes a self policing kind of thing.
Mr. Griffin stated thank you.
PRESENTATION – WINDING GLADES
Good evening, my name is Michael Zarin from the law firm of Zarin & Steinmetz. This is Joe Barbagallo with Woodard & Curran. We are Special Counsel for the project and Joe’s firm are the engineers. We appreciate the opportunity to present to you tonight and getting us on the agenda at this late date. Even though the project is going to come before the Town Board for formal approval as currently constituted. We thought it was important to come before you and make a presentation as a legislative body and make you aware of the details of the project. Joe and I like to engage in very open and transparent process and our feeling is the more information we can get out there on the project, the more I think it will alleviate some of the concerns or misconceptions that might exist.
We represent Winding Glades, LLC who is the owner of the property. This is the former Patterson Business Park. This was approved formerly as a business park with six major office buildings and hundreds of thousands of square feet as well as two to three hundred parking spaces. We are not involved in that approval, but that is an existing approval and it is subject to further site plan review, but that is when you compare the potential disturbance to the site. I think that is an important thing to take into consideration. The group that will be operating on the club is called VC Racing. VC Racing is a non-profit racing club established to run the operations. I think you might have met William Buck outside. He had one of the cars that is a car that must be road tested and approved. In other words, that is the type of car that you must legally be able to drive in your neighborhoods. It’s the type of car that aside from the inside that many of you can buy right off of the parking lot. VC Racing is a subsidiary of a nationally well known family. They have a lot of holdings around the country. William Buck is VC Racing and they are known as a very philanthropic family, very big intro green technology, operations and anyone can look them up on Google and they will see that. VC Racing was established under New York Non-profit Corporation Law and is a non-profit. This will be literally a non-profit racing club. It consists of five members. William Buck and four people he works with. This is not an open membership club. These are literally five individuals that go around the country and race in the rally car racing. Rally car racing is not done on a track. You take a car and it’s done in upper New York State and race for eight to ten hours on the normal dirt roads. You instruct the police that you will be racing and you race at the normal speed limits and it’s really an endurance test to see how well your car maneuvers on tight turns and how well you drive on dirt roads over a long period of time. It is not NASCAR. What we will be doing in the facility up here is mostly research and development where they will be taking their cars and operating them on the track at 40 miles an hour working on turning and technique. It is a very precision high technology. You win these long races over six or eight hours before you can make a turn .2 seconds better than you can make a turn. You know how to preserve your gas. That is the type of things they will be doing at this track. It is not high speed. They are very into these new high tech green types of operations. This would be a very discrete facility. No racing, no spectators, no high speed rally car racing. The reason it is a good site is because it has contours. Then you have the skit pad where you will have five or six acres where they work on robotics. The robotics will set up these cones on the tracks and they will work on turning and doing the precision computer. This is an approved six lot corporate lot subdivision by the Planning Board subject to final site plan review and you have this in your pack. That was the approved project. These are all corporate office buildings as part of the corporate park with the full road that runs in the middle with significant parking. The zoning is a C1 District. C1 District permits special permit use for bonafide non-profit clubs or organizations. There is a little bit of confusion of what that permits. There is an argument that has been made that a club only permits a club house and passive use of land. We have done an in depth review of that and it provided a full memo to the Planning Board that I know will be taking it up. Even in the Town’s own ordinance in that provision, it specifically talks about structures, use for recreation. That is right in the code. There is a significant amount of case law interpreting the term club and typically it is meant to be that it is the building as well as any improvements or incidental uses necessary to accomplish the affairs of that club. Like a gun club you have a building where the members would meet and then you would have a rifle range or an athletic club. I know there was some concern brought up that if you interpret “club” that broadly, can you then operate anything and just call it a non-profit club, a non-profit nuclear waste facility, a non-profit noxious use. I think that is where your own special requirements come in that specifically probit anything that is not in context with the community. The noise will be very low disturbance. As far as tax benefits, the current tax of this property is approximately $30,000.00. We had an assessor look at what it would be with the facility that we are planning and it estimated to be between $150,000.00 and $200,000.00 annual tax for us without the three lots preserving those as commercial. That would be additional ratable at some future time. As you know we have begun to work with the Planning Board. We had a site visit, we’ve made presentations and they made us well aware of some of the sensitive buildings and properties around this site. We are very cognizant of the noise regulations, 65 DBA’s at the property line, 45 at night. You will find we will be far lower than that number. We don’t expect the Planning Board to approve this unless we can demonstrate, and we will, that it will not have any significant noise. I just want to make this clear, this is very preliminary.
Mr. Baragallo stated I would like to start with this map because I want to make sure this is clear. I know that Rich knows as I do that the subdivision was approved. What is showing on this map was what we thought from the prior landowner the development potential was based on (inaudible). That is what this map represents. The level of intensity based on our investigations that we believe can be done on the site. This is not a plan that has already been approved by the Planning Board as it looks in terms of the building locations but the locks are approved. It was a subdivision approved back in the 1980’s. I also want to start by giving everyone an understanding of the site itself. Mike described it very well but you can see there is a lot of typography starting from Route 22 grading down towards the Great Swamp basically in the vicinity of the NYSEG easevement. There are some tributary areas that extend up. What we are looking at here is the representation of the wetland areas as they have been mapped and verified by the New York State DEC as the Town’s wetland consultant has viewed and confirmed the limits of the wetlands on the property. As you can see, the original subdivision here had a road bed that was identified to access not only the front six lots that we spoke of earlier but also the broader which is referred to Section 2 in the back of the site. What I am showing now is the site plan that is in front of the Planning Board right now. For orientation purposes, we have Route 22, the three commercial lots in the front and then the rear lot where our project is proposed. The project includes again, using that road bed to come down and access the site. A 6.4 acre skid pad is basically a flat paved area with a 20,000 square foot building. This is shown as a 25,000 square foot building in the rear of the skid path. It provides access down to a track that is roughly a mile in its longest dimension around the outside. The tracks grades from high down to the lower elevations around and then back up the hill. We will be working with the Planning Board and we haven’t initiated stormwater. Obviously we recognize stormwater given its proximity it is a very important factor. I’m happy to say we have already spoken to our client about this. I think it is a great opportunity not only for us but for the engineering and stormwater design community. We are going to have an opportunity to try some new technologies on the project. We are fully expecting to attenuate all stormwater quantity as well as go over and above on stormwater quality reduction. We are going to be doing R&D relative to different types of bio-filters and other ways to treat stormwater. We have not approached New York City D.E.P. but this is New York City’s watershed. They are going to be very concerned about these things. This is a very big topic of conversation in the engineering community, what is the best way to treat stormwater. We think this project provides a lot of opportunity. The site is going to be graded all to the center. Any stormwater running from the track is going to run to the center to these pockets were we are going to have an opportunity to incorporate best management practices, as they are referred to. That is generally the project and the track and how it sits relative to the skid pad and how it will be accessed. The track is not going to be a paved track, it will be soil. I wanted to talk about the building. The building as Michael indicated is going to be focused on putting cars together, taking cars apart and trying new technologies. I was just outside talking to William about how he wants to look at noise cancelling mufflers and the best way to incorporate them. This facility you are looking out is Firn Bocker Knolls and is a very similar facility in terms of the functionality that William is seeking to achieve on this project. It is a pre-engineered building. It is going to have some significant height in the building so you can have lifts on the cars and appropriate air movement. There is going to be storage of vehicles and various equipment. There will be abilities to paint vehicles and of course all the appropriate environmental regulations and controls will be addressed as part of that process.
We have some demonstrations relative to noise. We have not begun that process in detail with the Planning Board. We started to initiate some thoughts and did some preliminary analysis on those two topics. What we are looking at here are three different view sheds. This represents no vegetation. We will work very closely with Mr. Williams. When we look at just the topography on these three different maps in orange, green and blue. The orange is focused on the track and whether you can see the track. The darker the color is where you can see four points on the track. There is no place where you can see all five points of the track. This would be the only area that it would be potential from. Blue represents the skip head and where it is potentially visible. There was one particular site during the site walk that was identified as an area of concern from a visual perspective.
We brought in a noise specialist to participate because we understand how important noise is to this project. His name is Peter Goolberg from Tech Environmental. He has worked on projects all over the country and world. He puts some numbers together for us. They are instantaneous numbers and not average. Noise typically is done on an average over a certain period of time, usually an hour. The FHA looks at what they call eliquivalence over an hour. These are instantaneous so any numbers we talk about are just that. Does anyone have any questions.
Mr. Griffin stated how long is VC Racing not-for-profit been established.
Mr. Zarin stated they have been around for awhile. They have always been a not-for-profit. They don’t race for money. This is not a group that all of a sudden went not-for-profit. This is five young men that are doing this as a hobby.
Mr. Griffin stated does anyone have any questions.
Ms. Dede Lefgrin stated I was wondering, the skid pad is pretty large and is that impervious surface since it is so close to the soil.
Mr. Baragallo stated yes that is an impervious surface and yes we will be incorporating all water quality treatment around that pad. We will be capturing that water, treating it and working very closely with the D.E.P. The Town Engineer and the Town Planning Board can make sure we are cleaning that water. I expect that we are going to route the water through a series of treatments to try to look at different technologies and different best management practices and incorporate a mechanism to monitor the performance of those various systems into the project itself.
Mr. Zarin stated the “topo” keeps most of that out of the swamp. It is not going to leave the pad. There are hundreds of feet of buffer between that and the swamp.
Mr. Bruce Major stated I noticed you are showing this one residence here (pointing to map). I believe Ballyhack is here. Are there other home sites here.
Mr. Baragallo stated yes there are. This represents the entire area (map). I don’t know if your questions is based mostly on visual or noise.
Mr. Major stated both.
Mr. Baragallo stated as it relates to noise, if you can’t see it you basically won’t hear it. I will bring in the expert who will talk about this. Noise won’t go through a hill.
Mr. Major stated I live off of Cornwall Hill Road and the back of my house faces Wonder Lake which is substantially higher than my house. On the other side of that is Route 84. There are some days I can hear the trucks on Route 84. Maybe experts say something different, maybe I’m old and I’m hearing things but sometimes I do hear the trucks. Additionally, there are some other potential development areas.
Mr. Zarin stated we understand that there is a subdivision and there is an application in here. There is no sound at this point at the property line over 65 DBA.
Mr. Major stated your project hasn’t been approved. I think the potential people that are going to be living in these other sites should be included. I believe that all the home sites should be included and the analysis should be included on all those home sites.
Mr. Zarin stated we agree. That is one of the reasons we did this one. We will definitely do that.
Dr. Rick McRae stated I’m here tonight with some of my neighbors who share a lot of concerns about this. Initially one of your opening statements included this is an R&D site which hints as a partial use or part-time use. What does an R&D site actually mean and what does it mean in terms of usage.
Mr. Zarin stated at this point we are not positive of what the operational hours will be. We will be prepared to do that when we develop it. What they are interested in doing is increasing the technology, precision, figuring out how these work most efficiently and effectively. It’s important for them to work on these cars to make them more and more quite. As I mentioned before, the racing part “takes place on public roads” in upstate New York. There are designated areas. I don’t know what the exact hour would be. I’m sure as we go through it we will deal with that. The Planning Board will impose some hour restriction and we of course will understand.
Dr. McRae stated what is to prevent this R&D site from going into a full-time use kind of thing as a competitive site and not be an R&D site anymore.
Mr. Zarin stated this is not a racing track. A rally car races over hundreds of miles in upstate New York where there are major areas that they work out with the police. That is not a racing track for them. They have no intention in making this a spectator’s race track. It’s not what they do.
Dr. McRae stated because of this location and is in the valley of the Croton River and because of the Great Swamp it is a valley kind of an area. It’s like a funnel. I can’t help but feel that because of the acoustics of it and where I’m located on East Branch Road I can hear the train whistle. I’m concerned.
Mr. Zarin stated before we are done we will do actual noise testing and make sure we can demonstrate beyond any reasonable doubt that we will not have DBA’s that leave our property. There will be times you will hear to some degree, but it is going to be like you hear Route 22 at times.
Mr. Baragallo stated we recognize there is a lot more work to do. We are just starting to talk about noise. There is a lot more to do. I also want to point out that these are street legal cars. These are cars that are bought off of the production line. One of the main cars is a Mitsubishi Evolution which we brought to the site walk. The car that is outside is a Eagle Talon. We are not talking about big loud NASCAR screaming cars. They are not much different than the ATV’s that are being driven on his property as it exists right now.
Mr. Joe Emmet stated we just moved into Patterson in the last year. I live very close to the doctor. I have so many questions, I don’t even know where to begin. Why do I have to hear about this which would hugely impact my property and a whole lot of properties that I haven’t even heard mentioned tonight, noise will funnel down to East Branch Road. I’m from a little rural country called Wales. I know all about rally cars. Rally driving is all about maintaining very high revs. What you just said about the cars in the car park that’s laughable. They drive best at 1,000 revs when they leave. They might get up to 1,500 if they are really feeling bold. These cars drive at 4,000 to 5,000 revs. When they do a turn on a skid pad, that turn is what is called a hand brake turn and nobody in this room can probably do that. He breaks before he hits the turn then yanks up the handbrake and hits the accelerator so high that the revs pulls the car around. The noise of that is indescribable. I know because I spent all of my childhood listening to that. The cars have changed but the noise it what they love. You haven’t addressed that at all. The question I have for the Town Board is how is this going to be policed. I know they will pass every test. They have hired the best lawyers, the best consultants in the world. That is what people do. We will be left to deal with the mess. If we have a complaint from East Branch Road with that funnel, and I’ve heard noise come from up there already, how are we going to deal with that. We will call the police and then the engines are switched off or they drive at 1,500 revs instead of 5,000 revs. Why is this Town even contemplating a place like this for five people for a noxious use. How come I had to hear from a third party. We in direct line of fire did not hear about it. We did our due diligence and attended the Planning meeting and clearly there were lots of questions there and so many things unanswered. You say 40 miles per hour and he says 60 miles per hour. This needs intense public debate. This will affect such a large portion of Patterson. I know how this noise spreads. We live in a funnel and we will hear this noise. I hope you and the Planning Board sees sense and you will not allow this.
Mr. Zarin stated we were the ones that voluntarily came to speak to the Town Board as well as to the public before we even begun to process our application. We haven’t even done our environmental review on this. We thought it was very important to come to the public, the Town Board and be open about what we are talking about and provide you with the information that we have today. We wanted to hear issues and concerns from you. We are holding a public hearing that we voluntarily came to months and months before any of the approved process. That is the way we operate and that is the way our client operates. If we can’t demonstrate the issue that you have mentioned we are not going to be able to get approval. We don’t expect to. We understand that we have to be compatible with the local uses that surround us. We think at the end of the day this is going to be a use that is going to be much less impactful then a full cut up and break up subdivision of this site or corporate park. There will be about 75 to 80 acres preserved. If we can’t demonstrate that we will book somewhere else or use it for some other method. As soon as the economy comes back, land like this is going to be highly developable.
Mr. Michael Karena stated you don’t have Ballyhack or Sylvia Barlow Way on this map, correct. There are three houses right now and I believe there are four extra lots here. We are probably the closest to the track at this point. I know you have the Great Swamp down here. I can sit there in the summer and I can hear dogs barking from the other side of the Great Swamp. What you are getting out with the noise levels is ludicrous. I hear the kids riding the ATVs back there constantly. These cars are going to have closed exhaust, is that what you are saying. They won’t be open exhaust. These cars are going to have to be registered.
Mr. Zarin stated right. All the vehicles need to be street legal in order for them to participate in the races that they participate in. They all need to meet those requirements. Yes, they will be registered in the State of New York because most of these races occur on public roads. It will be a State agency, I’m not sure which State. It could be Connecticut. They will have catalytic converters and legal exhaust systems.
Mr. Karena stated they are all going to pass admissions, is what you are saying.
Mr. Zarin stated I would image they would.
Mr. Karena stated like that Subaru you change the inter cooler to get it to go a little faster. They are not standard factory cars. We have to be real with that. They are supped up cars. There is going to be a lot of noise.
Mr. Zarin stated we appreciate it. That is a challenge we are going to have to address.
Mr. Chris Bloom stated I am also from East Branch Road. I have a couple of questions. Something being used for an office park is something very different then being used for a race track. People show up at an office park, they park their car and go to work, it’s quite. You are talking about constant use of cars going around a race track. When you did the noise check was it in the summer with leaves on the trees. Noise will travel a lot more in the fall and the winter.
Mr. Baragallo stated the analysis hasn’t gotten to the point where we are looking at fall or winter. The analysis was done with bare trees.
Mr. Karena stated and you said that the DBA level of three cars going 60 miles per hour would be an acceptable level at 300 yards away.
Mr. Zarin stated it was three cars at 1679 feet at 60 miles per hour full throttle is 37 DBA.
Mr. Karena stated is that from the home, structure or property line.
Mr. Zarin stated we also done it where it doesn’t exceed 65 DBA, which is the code.
Mr. Karena stated I just have a hard time believing cars going 60 miles per hour can’t be heard.
Mr. Zarin stated we haven’t begun to do the full analysis.
Mr. Griffin stated Counselor I think you have made it clear. Let’s move on. I would like to point out to you that normally at a Town Board meeting we have six or seven people in the audience. I can guarantee you that if we have twenty people who hear about this tonight, you will have a couple of hundred people at the Planning Board meetings. Instead of spending all this money on studies, maybe you want to seriously look at a piece of property in a significantly less densely populated area. It might be easier for you. When all is said and done we will be having your meetings at the Recreation Center, because this room will absolutely not be able to accommodate you.
Mr. Zarin stated that’s fine. We will be able to demonstrate the use of this will be much less disruptive than most of the usages that would be permitted under the zoning.
Mr. Griffin stated I have to tell you that my house is actually on that map. I have been living next to Robin Hill Corporate Park for thirty odd years now and I can tell you they are great neighbors. They come in the morning and they are very quiet. They leave in the afternoon they are very quiet and they are never around on the weekends. You are going to get a lot opposition to this.
Mr. Zarin stated I appreciate the opportunity tonight. I appreciate the time and the comments.
Mr. Griffin stated thank you for coming. I will call the meeting back to order at this time 8:45 p.m.
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2009:
General Fund $62,319.13, Highway Fund New Item - 5020 $730.00, Highway Fund Item 1 – General Repairs $9,289.83, Highway Fund Item 3 – Machinery $23,437.40, Highway Fund Item 4 - Miscellaneous $6,656.26, Highway Fund – Employee Benefits - $17,547.29, Highway Fund – Debt Service $32,728.75, Patterson Fire District $3.89, Waste Water Treatment Plant $11, 986.30, Library $40.43, Putnam Lake Light District $1,611.00, Patterson Light District $1,603.00, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $31,252.72, Deerwood Drainage District $15.51, Patterson Park District $549.58, Alpine Water District $554.70, Fox Run Water District $36.50, Trust & Agency $6,205.00, Grand Total Abstract $235,089.31.
Seconded by Mr. Capasso. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
ERNEST KASSAY
NO AGENDA
GINNY NACERINO
CONFERENCE REQUESTS
Mrs. Nacerino stated I have tonight 2 conference forms from Chris Boryk, our Assessor, for Architectural Updates for Qualifying Exemptions for a sum of $104.76 and one for the same conference for Donna DiPippo for $116.32. I make a motion to approve these requests.
Seconded by Mr. Capasso. All in Favor. Aye. Carried.
VERIZON TAX CERTIORARI RESOLUTION
Mrs. Nacerino stated make a motion to approve the Resolution as written for Verizon of New York Tax Certiorari:
R-1109-03
WHEREAS, tax certiorari proceedings were brought on behalf of Verizon of New York Inc. for the tax years 2007, 2008 and 2009 affecting the parcel known as 1130 Route 311 and designated as Section 3.20, Block 1, Lot 33 in the Town of Patterson; and
WHEREAS, a tax certiorari proceeding was brought on behalf of Verizon of New York Inc. for the tax year 2008 affecting the parcel located on Haviland Drive and designated as Section 36.05, Block 1, Lot 15 in the Town of Patterson; and
WHEREAS, the parties have agreed to settle the tax certiorari proceedings in accordance with the Consent Judgment, Stipulation and Stipulation of Discontinuance prepared by Patrick Raymond, attorney for Petitioner, copies of which are attached hereto; and
WHEREAS, the Town Board of the Town of Patterson wishes to authorize its counsel, Curtiss & Leibell, P.C., to sign said Consent Judgment, Stipulation and Stipulation of Discontinuance on behalf of the Town of Patterson; and
WHEREAS, the Town Board of the Town of Patterson further wishes to authorize the Supervisor to seek financing, if necessary, to pay the judgment after entry, at an interest rate not to exceed Seven Percent (7%);
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes its counsel, Curtiss & Leibell, P.C., to sign the Consent Judgment, Stipulation and Stipulation of Discontinuance on behalf of the Town of Patterson; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to seek financing, if necessary, to pay the judgment obtained by Petitioner at an interest rate not to exceed Seven Percent (7%).
Seconded by Mr. Capasso. All in Favor. Aye. Carried
ELECTRONIC APPEARANCE LAW
Mrs. Nacerino stated I just want to apprise everyone about the Putnam County Electronic Appearance Law which was signed into legislation by Governor Patterson on August 11, 2009. This measure was a collaborative effort by many in our County including Senator Liebell, Assemblywoman Galef, District Attorney Levy, Sheriff Smith, the Legislature, the Magistrates and Chairwoman of the Fiscal and Vision and Accountability Commission, Legislator Maryellen O’Dell and members of that Committee. This Law in no way negates the need to have a physical facility, but rather embraces technology and all it has to offer. It will save taxpayers dollars by cutting down on transportation of inmates to County Courts for appearances, improve safety issues in the Courtrooms caused by overcrowding and assist in streamlining Court Appearance calendars. The Electronic Court Appearance Practice has been utilized in 26 Counties in New York State. The Legislation takes advantage of new technology that has proven effective in other parts of the country by setting up a closed circuit audio visual system inside a designated space in the Putnam County Correctional Facility. Defendants can be present for many parts of the judicial process without being physically transported to the County Courthouse. Currently, Putnam County Correction Officers transport about 200 detainees and prisoners to different courts across the county each year. The use of the Electronic Court Appearances would reduce the number of these transports thereby reducing labor costs, transportation related expenses and it has the additional advantage of protecting the environment through the reduced vehicle emissions. This collaboration is a prime example of Government working effectively and efficiently together. The Town Board of the Town of Patterson applauds those involved in bringing this to fruition.
ADVERTISE BOARD VACANCIES
Mrs. Nacerino stated at this time we have several vacancies that will expire on December 31, 2009. There is a vacancy on the Planning Board, the Zoning Board of Appeals, the Park Advisory Board, and the Board of Assessment Review. I would like to make a motion to have the Town Clerk advertise for these positions. The Town Board of the Town of Patterson hereby seeks qualified candidates to fill vacancies on the Patterson Planning Board, Patterson Zoning Board, Park Advisory Board, and the Board of Assessment Review, effective January 1, 2010. Qualified candidates should submit their resumes to the Patterson Town Clerk, 1142 Route 311 Patterson, New York no later than Friday December 11, 2009.
Seconded by Mr. Capasso. All in Favor. Aye. Carried.
HOLIDAY FESTIVITIES
Mrs. Nacerino stated we have a lot of Holiday festivities to announce. Number one is through C.A.P, the Community Action Program in Putnam County. They are conducting a Food Drive for the Thanksgiving Holiday and are accepting pies for Thanksgiving. Usually they get about 500 pies each year. So far to date they only have 200. Anybody in the audience or the public who would like to donate a frozen pie, they are better because they stack better than homemade pies, you can bring them to the Town Hall. I will personally deliver them on Friday in order to distribute the baskets on Monday which C.A.P. is planning to do. There is also a food and coat drive going on at the Recreation Center. The Patterson Recreation Center is accepting gently used coats for Putnam C.A.P. and the drive will end December 1, 2009. Please drop off the coat items at the Recreation Center Lobby. For further information please call Mya at the Recreation Center. The Seniors have been very proactively receptive to this and they have donated some coats and some canned foods. I would just like to make special mention to Brian Benedict from the Duffle Bag who has dropped off 60 coats so far. Kudos to Brian for doing that. That is certainly appreciated.
Other festivities that are coming soon, the Holiday Season is on November 28, 2009. The Patterson Fire Department along with the Patterson Recreation Center will meet outside Town Hall to decorate Town Hall. They are seeking volunteers. Anybody interested in helping out should contact Christina Rizzo at the Recreation Center. That number is 845-878-7200. They will begin at 9:00 am and work until they are done. We also have the Breakfast with Santa at the Recreation Center on December 5, 2009. That will be from 9:00 am to 11:00 am. That same evening the Putnam Lake Parade will begin at 7:30 pm. On December 12, 2009 in conjunction with the Patterson Fire Department and the Town of Patterson we will have our Tree Lighting Ceremony. This will begin at the Fire Department at 4:00 pm and children will be greeted by Santa and there will be cookies and coloring and activities will go on and then we will move to Town Hall for our Tree Lighting at 6:00 pm. I just wanted everyone to be apprised of the community activities that are coming forth and these are all special things that really do join us together and make Patterson a great place to live.
MICHAEL GRIFFIN
MUNRO REQUEST - STOP SIGNS
Mr. Griffin stated we had reviewed this and I have spoken with a number of people. The general consensus is that a stop sign or a series of stop signs out there would really not be appropriate. However, the Town Planner has been kind enough to get us the information and with the Board’s approval I would like to request a street light out there, mounted on a pole. If there are no objections to that it will cost about $300.00 per year to add it to the Lighting District. I make a motion that we authorize or do we have to do a Local Law.
Mr. Williams stated no but there is a resolution that you have to do to incorporate it into a Lighting District. We will have that for you at the next meeting. If the Board gives me the go ahead then I’ll contact NYSEG and get it in the works.
Mr. Griffin stated personally I think it’s a good idea especially for the early morning hours with the school buses and activity buses and things in the evening. This time of year it gets dark early around here. Anybody have any objection to that.
Kathleen Munro from Putnam Lake stated I just wanted to ask if you were also going to put up at least signs that say “Bus Stop Ahead” for all those bus stops along Lakeshore Drive, because there is not a one.
Mr. Griffin stated I understand that. I understand the situation but the sign pollution is a bit of an issue and there are some costs associated with the signs. If we have a serious problem out there, I will be happy to contact the Sheriff’s Department and ask for patrols and help, if we have a problem with cars passing the buses when they are stopped. I have talked to some of the neighbors and residents and folks out there and they weren’t really crazy about the stop sign idea. I hadn’t really discussed multiple “bus stop” signs with them, but I suppose we could. We felt the street light was warranted and we will go from there.
Mr. Williams stated I would hate for anyone to walk away with any misapprehension. For the most part when we are erecting street signs we have to follow certain Federal and State requirements (inaudible). There are signs that say School Bus, Children Ahead, but there are very specific signs that we have to look at. It’s not going to say specifically “School Bus Stop Ahead”.
Cathleen Munro stated but I’ve seen them all around.
Mr. Williams stated there are (inaudible) signs similar in nature and language but they are going to be a little bit different. I can come back to the Board with specifically what we are going to be looking at if we put up any signs.
Mr. Griffin stated thank you.
SET 2010 MEETING DATES
Mr. Griffin stated did everyone get the memo for the schedule. Please review it. I will bring it up for adoption on December 8, 2009. Kevin, you have a copy, so if you have any questions or complaints with it or problems let me know.
QUAKER MANOR RESOLUTION
Mr. Griffin introduced the following Resolution for Public Hearing on Construction of Street Improvement in the Town of Patterson – Quaker Manor Lane:
R-1109-04
At a meeting of the Town Board of the Town of Patterson held at the Town Hall, 1142 Route 311, Town of Patterson, County of Putnam, State of New York, on the 18th day of November, 2009.
The following order was proposed by Mr. Michael Griffin, who moved its adoption to wit:
WHEREAS, pursuant to Town Law Section 200, the owners of real property constituting a majority of the frontage fronting or abutting upon either side of Quaker Manor Lane, a private road in the Town of Patterson which is used for access to the premises of said owners, have petitioned the Town Board of the Town of Patterson to improve said street by construction and paving of such private road and other necessary improvements, and
WHEREAS, the Town Board of the Town of Patterson duly adopted on the 23rd day of September, an order reciting in general terms the filing of said petition, the improvements proposed, the maximum amount to be expended and the area benefitted as stated in Schedule “A” attached hereto, and specifying that said Town Board shall meet at the Town Hall, 1142 Route 311, Patterson, New York at 7:30 p.m., to consider said petition and hear all persons interested in the subject matter thereof, concerning the same, and
WHEREAS, the Town Engineer has prepared an estimate to improve the roadway to minimum structural and drainage standards, and
WHEREAS, the improvements to Quaker Manor Lane identified by the Town Engineer include, but are not limited to repair and replacement of several sections of asphalt pavement, installation of signs, and installation of approximately 450 feet of guide rail, and
WHEREAS, a survey showing the proposed right-of-way being at least three rods in width and showing the lines and grades thereof and including a profile of the grade has been prepared and filed in the Office of the Town Clerks, and
WHEREAS, the maximum amount proposed to be spent for said improvements is $150,357.00, and
WHEREAS, pursuant to Town Law Section 202(2), the expense of said improvements shall be borne by local assessment upon the aforementioned lots and parcels of land especially benefitted by the improvements and the Town Board will allocate the cost of said improvements among the benefitted properties in accordance with Section 202(2) of the Town Law, and
WHEREAS, subsequent to completion of said improvements it is proposed to accept said road for dedication to the Town by the property owners; and
WHEREAS, a public hearing was duly held on the 28th day of October, 2009 at 7:30
p.m. at Town Hall for the Town of Patterson at 1142 Route 311, Patterson, Putnam County, New York for the formation of a street improvement district pursuant to Town Law Section 200, and
WHEREAS, the Town Clerk published the Notice of Public Hearing at least once in the official newspaper of the Town, the first publication being not less than ten nor more than twenty days before the date of the aforementioned hearing, and posted a copy of the Notice of Public Hearing on the sign board of the Town maintained pursuant to Section 30 subdivision six of the Town Law of the State of New York, and
WHEREAS, the Town Planner posted a copy of the Notice of Public Hearing in at least five public places along the private road know as Quaker Manor Lane no less than ten nor more than twenty days before the date of the aforementioned hearing and
WHEREAS the Town Engineer has prepare definite plans and specifications and made a careful estimate of the cost of such work; and
WHEREAS, the Town Engineer has been notified by the Highway Superintendent that the Town Highway Department will execute the work and that the Highway Superintendent has examined the plans and specifications already prepared and they are satisfactory to him and that the Town Engineer's estimate of the work is sufficient to do the work; and therefore, the Town Engineer has not prepared a proposed contract for the execution of the work; and
WHEREAS, the Town Board has had the opportunity to examine such plans, specifications and estimate prepared by the Town Engineer and to make such modifications and changes as it deems necessary and desirable;
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby determines it is the public interest to establish the Quaker Manor Lane Improvement District in accordance with the plans, specifications and estimate prepared by the Town Engineer; and
BE IT FURTHER RESOLVED that the Quaker Manor Lane Improvement District is hereby established and that the area benefitted shall consist of the parcels identified by Tax Map Number as shown on Attachment “A”, and] Or,
[NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson, does hereby adopt the plans, specifications, estimate and proposed contract for the said improvements as submitted by the Town Engineer and shall cause said improvements to be constructed in accordance therewith, according to law, and]
BE IT FURTHER RESOLVED that the estimated cost to each property owner shall be on a benefit basis with an annual cost to the typical single family residence of $1,074.00.
BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson determines it is in the public interest to make the road improvement provided for in the plans and specifications prepared by the Town engineer and hereby authorizes the Highway Superintendent to acquire so much land as may be necessary to lay out such highway and to take and complete, if necessary, any condemnation proceedings necessary; and
BE IT FURTHER RESOLVED that the Highway Superintendent is hereby authorized to make the improvements shown on the plans and specifications; and
BE IT FURTHER RESOLVED that upon completion of the improvement as shown on the plans and in the specifications and its dedication to the town by the property owners, Quaker Manor Lane, as so improved shall be maintained as a public highway under the applicable provisions of law.
ATTACHMENT A
QUAKER MANOR LANE
BENEFITTED PROPERTIES
Property Owner Address Tax Map No.
Boeheim, John & Kim 2 Quaker Manor Lane 4.10-1-25
Pardee, Joel & Julie 6 Quaker Manor Lane 4.10-1-26
Zeigelmeier, Richard & Julie 10 Quaker Manor Lane 4.10-1-27
Rizzo, Vito & Christina 14 Quaker Manor Lane 4.10-1-28
Stefano, Michael III & Lillie 18 Quaker Manor Lane 4.10-1-29
Barrett, Dean 22 Quaker Manor Lane 4.10-1-30
Cobden, W.J. Turner L. Jr. & Margaret
26 Quaker Manor Lane 4.10-1-31
Seconded by Mr. Capasso. All in Favor. Aye. Carried.
TRACTOR SUPPLY BOND RELEASE RESOLUTION
Mr. Griffin introduced the following Resolution for Tractor Supply’s Performance Bond in the amount of $40,000.00:
R-1109-05
WHEREAS, an application for Site Plan was approved by the Patterson Planning Board for the Tractor Supply Site Plan, and
WHEREAS, a performance bond in the amount $40,000.00 for site restoration of the Tractor Supply Site Plan has been posted with the Town of Patterson, and
WHEREAS, on November 5, 2008, upon recommendation of the Town Engineer and other considerations, the Planning Board has certified that the site work has been completed in accordance with the approved site plan and has recommended that the performance bond be released, and
WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation made by the Planning Board;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby directs that the performance bond posted for the Tractor Supply Site Plan in the amount of $40,000.00 shall be released, and
Seconded by Mr. Capasso. All in Favor. Aye. Carried.
Mr. Griffin stated just for everyone’s information Tractor Supply is now open. It’s a great store. Please come out and keep your tax dollars in Putnam County and support a great business in Patterson.
AWARD WINTER SIDEWALK BIDS RESOLUTION
Mr. Griffin stated I’ve been contacted by Town Counsel, Mr. Tim Curtiss. He was unable to be here this evening. He asked that this be tabled to the December 8, 2009 meeting. So at this time I make a motion that we table the acceptance of bids for snow removal.
Seconded by Mr. Capasso. All in Favor. Aye. Carried.
AWARD PARTNERS IN SAFETY 2010 CONTRACT RESOLUTION
Mr. Griffin introduced the following Resolution for Renewal of Agreement with Partners in Safety Contract for 2010:
R-1109-06
WHEREAS, PARTNERS IN SAFETY, INC. has submitted the attached Drug and Alcohol Testing Agreement for renewal, which is to be entered into between PARTNERS IN SAFETY, INC. and THE TOWN OF PATTERSON for the period commencing January 1, 2010 and terminating on December 31, 2010; and
WHEREAS, the Town Board of the Town of Patterson wishes to renew the Drug and Alcohol Testing Agreement with PARTNERS IN SAFETY, INC. for the year 2010;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the renewal of the Drug and Alcohol Testing Agreement with PARTNERS IN SAFETY, INC. for the year 2010;
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Drug and Alcohol Testing Agreement and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All in Favor Aye. Carried.
COLLINS REQUEST – LEAF PICK UP
Mr. Griffin stated a couple of people had requested the possibility of leaf pick up in Putnam Lake and in areas in the Town. In the past what we have done is we had people, if they wanted to bag their leaves, we would pick up the bags. We had a memo from the Highway Superintendent saying that he would be willing to consider it but it would take more men, more equipment, more money. Actually there is nothing we are going to be able to do about it this year, but I am going to discuss it with the Highway Superintendent and also with the Sanitation Department to see if they would be willing to pick up the bags. Then we would try to set it up for a certain period of time at the end of October beginning of November where they would go around and pick up the bags over the course of maybe a week or two weeks. We would develop a schedule if we have the man power and the ability to do that. It would probably be under a bagged leaf scenario. We will follow up on this but there won’t be loose leaf pick up. It presents way too many problems. If it rains, it’s very hard to pick them up. If the wind blows you have to pick them up again. Bagging the leaves will probably the most practical approach. I will follow up with the Highway Superintendent when he gets back. I will also speak to Frank Grady and Frank Farrell at the Sanitation Department.
Mr. Capasso stated we do take them at the Recycling Center. People can bring them there in a bag. I don’t think they take plastic.
Mr. Griffin stated it has to be a paper bag.
BUDGET TRANSFER REQUESTS
Mr. Griffin stated Budget Transfer Request #45 and #46. We are looking to move money from Town Hall Building - Contractual and Special Council - Traffic Court into Special Council - Contractual. I make a motion to approve Budget Transfer #45.
Seconded by Mrs. Nacerino. All in Favor. Aye. Carried.
Mr. Griffin stated Budget Transfer #46 move from Contingency Account $100.00 to Municipal Association Dues $100.00. I make a motion to approve Budget Transfer #46.
Seconded by Mrs. Nacerino. All in Favor. Aye. Carried.
TIME OFF REQUESTS
Mr. Griffin stated we have 7 of them. I make a motion to approve the requests as written.
Seconded by Mrs. Nacerino. All in Favor. Aye. Carried.
EXECUTIVE SESSION PERSONNEL
Mr. Griffin stated my Executive Session Personnel is no longer needed, so I will drop that from the agenda.
OTHER BUSINESS
None.
ENVIRONMENTAL TIP
Mrs. Nacerino stated our Environmental Tip. But before I say that I just wanted to go back to the Food Pantry. Just to let everyone know that during the Holiday Season people are usually very giving and do drop off a lot of groceries, canned goods, and pies and such for the baskets but that seems to slack off as soon as the Holiday Season is over. I do encourage everyone to be mindful that the pantries are very low during the winter months when it is needed most. Please feel free to contact your local Food Pantry or C.A. P. They are always accepting canned goods and food.
Now, for our Environment Tip: candles. Because paraffin wax candles are made from petroleum and release the equivalent of diesel exhaust when burned, you can save fossil fuel resources, improve your indoor quality and reduce your exposure to carcinogens by choosing 100% beeswax or soy candles. These candles are not only made from renewable resources but burn 90% cleaner and at least 50% longer than conventional paraffin candles. The crude oil used to make just one 16 oz. paraffin candle contains enough energy to power a 60 watt light bulb for 100 hours. If just 1 in 100 households replace an 8 oz. petroleum based candle with a soy or beeswax candle the energy saved could keep the Christmas tree in Rockefeller Center lit 24/7 from Thanksgiving to the 4th of July. Bear this in mind that during the Holiday Season when people tend to buy candles and light candles.
PUBLIC RECOGNITION
Mr. Griffin stated is there any member of the public that wishes to be recognized at this time.
Ms. Christina Rizzo stated what was brought up about the stop light, I don’t know if this is the right forum, but I would like to find out how do we see if we can put one of those at the bottom of South Quaker. It’s getting harder and harder to cross 22 and our children are on those school buses crossing 22 to go down 311.
Mr. Griffin stated Rich, I think that was looked at on many occasions including when the A&P was approved.
Rich Williams stated that is correct. The short of it is that it’s a State road, even though it’s a Town intersection, it’s still a State road. The State establishes street lights based on warrants that establish where they are necessary and where they are not. The first step would be for the Board to send a letter to the State requesting a street light to be put there and the State will then probably send the Town back a letter saying do the traffic analysis. We have gone through this before.
Unidentified speaker stated the volume has increased significantly over the last couple of years.
Rich Williams stated D.O.T. generally monitors that State road and most State roads. When the warrant, the reasons for the traffic light occurs they will then put it up on their own. Generally they won’t in response to the Town, unless they’ve missed something. The Town Board can send a letter up and ask the D.O.T. to evaluate the intersection.
Mr. Griffin stated I also have to assume that there had to have been some traffic study done or that particular portion of the road had to have been looked at when that light was added for the A&P.
Rich Williams stated it absolutely was. At that point the warrants did not require a light to be established at that intersection.
Mr. Griffin stated I was just wondering how the traffic movements would be if you had 3 lights within about 300 feet.
Rich Williams stated they would all have to be synchronized times.
Mr. Griffin stated we can certainly consider sending a letter up.
Unidentified speaker stated thank you.
Mr. Griffin stated anybody else. Great. Thank you all for coming. Have a great evening.
ADJOURNMENT
There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 9:10 p.m.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK