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HomeMy WebLinkAboutMPD-08/14/2008 Minutes of the August 14, 2008 meeting of the Board of Commissioners of the Mattituck Park District, held I the office of the Veteran’s Park building at 1280 Peconic Bay Boulevard, Mattituck, New York, with Jerry Zuhoski chairman, Nicholas Deegan and Tom McCaffery Commissioners, John Cushman Treasurer, Betsy Perkins, secretary, Ed Grohoski maintenance, Russ Williamson, Park District volunteer and other residents of the District were present. Chairman Zuhoski called the meeting to order at 7:06 p.m. The vote on the 2009 proposed budget opened at 7:00 p.m. Gail Faircloth and Jeannette Olmstead were sworn in as Election Inspectors. The ballot box has been property examined and put into service. On a motion made by Jerry Zuhoski, seconded by Nick Deegan and carried the Minutes of the July 10, 2008 meeting were revised by clarifying the number of poles being installed t Aldrich Lane (5 lighting poles). Said motion carried and the minutes were approved as revised. The Treasurer’s report was read by John Cushman (see attached), stating that as of close of business today, there was approximately $563,000 in cash. After lengthy discussions, a motion was made by Tom McCaffery and seconded by Nick Deegan to accept the Treasurer’s report. A concerned resident questioned what was being done with the new building. She felt that no one benefited from it; questions what it was built for, how it was being used, if at all; and if not being used, what was being done about it to take the necessary steps to correct it. The Commissioners stated that the building was being used as a storage facility, office & meeting room. Another concerned citizen stated that the building was built as a garage to house the tractors, but that the DEC denied its application as such. The Commissioners stated that they were trying to determine the exact use definition and the possibility of a change of use for a gathering hall. Peter Young then stepped forward and gave a lengthy presentation concerning the District’s voting policies and By-Laws. His concerns were that his friend and neighbor, Tom Crowley was denied the right to vote in the lighting project vote held in May and now the budget vote due to the fact that hw as not a resident tax payer/property owners, he is a renter. Mr. Young, Mr. Crowley and Mr. Tillman proceeded: The constitution was quoted “Article 11, Section 1, “Every Citizen shall be entitled to vote at every election for all officers elected by the people and upon all questions submitted to the vote of the people provided that such citizen is 18 years of age and over and shall have been a resident of this state, and of the county, city, village for 30 days next preceding an election.” Page 1 of 6 Mr. Young maintained that the Park District was denying individuals the right to due process. Inquired about the existence of the District’s by-laws. Asked for the specific law and section of where it stated that he and his friend could not vote in the budget vote. Requested (repeatedly) the Commissions to vote tonight to change the policy and allow non-tax paying property owners to be allowed to vote. Attorney Gail Wickham advised that the New York State legislation which established the Park District states that only resident district property owners could vote in the Park District’s fiscal matters. Requested a copy of the Park District’s by-laws and was given a copy of the rules and regulations The Park District would be embarrassed by not allowing him & Mr. Crowley to vote and said they would take us to Court. Gail Wickham was doing an injustice to the Park District by not recommending a vote to change the requirements of fiscal voting. No provisions for absentee voting; The Constitution provides that resident must be given an opportunity to file absentee ballots if they are not able to vote in person at the time of the vote. A local attorney’s daughter was denied the right to vote. The Park District was acting illegally, that the District was on thin ice regarding civil issues, that our budget could be challenged by not allowing them to vote, denying them due process. Again, after a lengthy discussion, the Park Districts attorney advised that the legislation did not authorize a resolution to change the voting requirements. The commissioners stated that t they would follow the advice of counsel. Commissioner Nick Deegan stated that he contacted the Attorney General about this requirement without the knowledge of the Board. The Board urged Nick Deegan to conference with them prior to contacting anyone concerning matters of the District so that they could act on such matters as an entire board. Attorney Gail Wickham asked for a copy of the filed request, Mr. Deegan did not have a copy and stated that he was waiting for an answer from the AG before presenting his request and subsequent finds to the Board. Page 2 of 6 Mr. Young then rebutted stating that the New York Constitution was superior, he has a ballot, he is not a property owner and asked if he would be allowed to vote and Gail Wickham stated that per the legislation, the Commissioners had determined that he was not eligible to vote. Mr. Young responded by saying, then I will see you in Court, this is not an idle threat, you will get a lot of bad publicity, it will be very embarrassing. The commissioners then discussed the basic research which needs to be completed; the risk of having the budget overturned, which could be solved technically later on. Mr. Crowley, who has served in the military, had lived in Mattituck Park District for three hears, which Nick Deegan stated meantime he met the 30 day requirement. Mr. Young then stated that he could run for and be elected a Commissioner but would not be allowed to vote in fiscal matters concerning the District. Mr. Young and Gail Wickham then argued back and forth about which statute prevailed. It was then stated that the Commissioners did not necessarily disagree with Mr. Young and Mr. Crowley’s statements about whether or not the legislation was correct, but at this time, would follow advice of Counsel who recommended not passing a resolution at this time until further research could be accomplished. Chairman Zuhoski then tabled the discussion until the Board could meet in executive session. Mr. Tillman then asked what kind of fringe benefits which was listed in the budget was given. The only full time employee makes $21.50 per hour, has no vacation time, no sick Time. The employee in question is not employed during the winter months. Mr. Tillman stated that the District should provide benefits for the employee. A brief discussion followed and the commissioners would look into it further. Ed Grohoski made the following report: Electric jus about done at Breakwater Beach; CosterHeppner donated the concrete barriers at Aldrich Lane; Shamrock tree to make the necessary trimming needed to the limbs that were damaged in the storms. The Dodge truck is back on the road; the doors at Breakwaters are completed; finished painting; need new sinks in the bathroom as the porcelain is gone. The lodge is all cleaned up. One of the latest parties did not pay the dumpster/clearing fee; Ed had to pick up and carry away at least 11 bags of garbage. Commissioners felt that a follow-up letter should go out to the group and send them a bill for the additional work of cleaning up the garbage. The secretary to get the details from the Clerk, Gail Faircloth. An incident with the new truck; the hood is dented; received one estimate, which was thought to be high. Ed to obtain 2 more estimates and submit all to the Board. Page 3 of 6 Mr. Ron McGreevy was in attendance and asked what the Park District’s position was regarding the dredging at the Mattituck Inlet. Gail Wickham and Tom McCaffery explained all the possibilities under the Section III Study; the drafting of a feasibility study, how much could be and would be moved; the need to rely on engineer’s proposals which backed away from dramatic removal which might have an adverse impact; gradual removal each year is not economical. Question was raised if the Park District was opposed to the Army Corps. it was stated that the Park District is not opposed, just trying to determine how much sand can be removed safely, which is the question the Army Corp is addressing, resulting in the delay to the project while the project is revised, Further discussion followed about how much would be moved; how my the Army Corp, would recommend we do and how much the residents thought was needed to be done. Southold Town Board is sending a letter to the Army Corp. The attached resolution was made by Tom McCaffery, seconded by Nick Deegan regarding the inlet dredging. The motion carried to accept the resolution as submitted. Jack McGreevy asked that a copy be provided to him. Tony Claudio was present regarding the Yacht Club’s 100 anniversary celebration in th 2010 and reported that the Southold Town Trustees completed their r inspection. He stated that Jim McMahon of the Southold Town thought that vector control was responsible for the pipe, which would be further investigated by Mr. Claudio. Ed Grohoski to call as well. Trustees recommended submitting a plan, which could be joint with the Yacht Club. Further discussion followed and it was suggested that the Board and/or Tony Claudio of the Yacht Club contact Jamie Richter, the Town Engineer to determine who was responsible for what at the park adjoining the yacht club, particularly with respect to the pip and the horseshoe bulkhead. John Cushman presented the insurance renewal application wherein it was asked that we re-evaluate our property values and the items being stored in order to ensure that we are properly insured. The Commissioners then convened to Executive Session in order to discuss the voting issue. The Commissioners then returned to their regular meeting and advised that the Park District would not take any action at this time to change the rules, regulations and/or bylaws regarding the voting requirements which allows only resident property owners paying taxes to vote in budget votes of the Park District. Page 4 of 6 A quick resolution was made by Nick Deegan to make provisions for absentee ballots; none of the commissioners were against this. Gail Wickham made the following report; Terry Contracting built the jetty too high and would need to come back and redo; any questions call Dan Hall at Land Use. Aldrich Lane Lights; Received ZBA approval and Planning Board approval; problem with advertising for the Town Board public hearing; earliest it would be on the Town Board final calendar would be Oct. 8. th Next meeting need to pass a resolution to sign contract, there is a risk of entering into contract now without board approval if we can’t pay the contractor, who so far is holding the price. Brief discussions followed: Lighting the fields; maybe approach the school district and Cutchogue Park District, request an allowance for lighting costs; the Park District maintains the fields; Grants being applied for to help defray costs; Gail Wickham advised that we’ve had problems in the past due to our residency requirements. Lifeguard positions; doe we advertise, accept applications; concerns regarding equal opportunity employment; by word of mouth. Yacht Club pipe; who owns it; Ed Grohoski to speak to Town engineer Jamie Richter. By-laws; attorney Gail Wickham to draft Absentee ballots; when received would be available at the District Office when Gail Faircloth is working or can be requested and mailed prior. Ed Grohoski and sick time; to get up to 80 hour paid leave provided not used from May 1 through September, post Labor Day. st The voting of the 2009 Budge having concluded, the election inspectors report that the vote was 40 in favor and 11 against. There being no further business to come before the Commissioners, a motion was made by Jerry Zuhoski, seconded by Nick Deegan and carried to adjourn the meeting. The meeting was then adjourned at 9:15. Page 5 of 6 Respectfully submitted by: Betsy Perkins, Secretary Mattituck park District. Page 6 of 6