HomeMy WebLinkAboutMPD-01/15/2009 Matfituck Park District
Organizational Board of Commissioners Meeting Minutes
Thursday, January 15, 2009
A~tendance:
Nicholas Deegan, Chairman
Thomas McCaffery, Commi.qsioner
Doris McGreevy, Commisioner
John Cu~hma% Treasurer
Beverly Vlcek, Secretary
Efleen Powers, Legal Counsel
Ed Crrohoski, Maintenance
Call to Order:
Chairman Deegan called the meeting to order at 7:05 p.m..
~E? 7 8 ~
Or~ani~,ational Matters:
Motion made by Doffs McGreevy, seconded by Nicholas Deegan and motion
carded to appoint Nicholas Deegan as Cha/rman of the Board.
Motion made by Nicholas Deegan, seconded by Doris McGreevy and motion
carried to appoint Eileen Powers as Legal Conn.qel.
Motion made by Nicholas Deegan, seconded by Doris McCrreevy and motion
carried to appoint Beverly Vlcek Biemiller as Secretary.
Motion made by Nicholas Deegan, seconded'by Doris McGreevy and motion
carded to appoint Suffolk Times as Official Newspaper.
Motion made by Nicholas Deegan, seconded by Doris McCJreevy and motion
carried to appoint Capital One and MBIA as Financial Institutions.
Approval of Minutes:
Motion made by Doris McG-reevy and seconded by Tom McCaffery, and motion
carried to approve minutes of December meeting.
Treasurer's RePort
John Cushman submitted ~'easury reports, which included a Drat~ of the Annual
Financial Report, Aldrich Lane Lighting Capital Project, Bill Register through this
date for January, Balance sheet as of December 31, 2008 and Balance sheet as of
January 13, 2009.
Page 1 of 9
Motion made by T. McCaffery, seconded by N. Deegan, and motion canned to
accept Treasurer's reports.
Annual Report not yet filed with Town. Awaiting Capital Project grant of $100,000
from Town Dept. Of Parks and Rec., and Town will not issue until "as built" and
Certificate of Completion are received from Ward Associates
Bills to be paid totaled $7,861.87.
Current Budget ending 12/31/08 is $389,000. As soon as the books are closed for
2008, J. Cushman will prepare budget for 2009.
Refund request from NYS Tax Dept. for gas sales tax of $487.00 has been filed.
Motion made by N. Deegan, seconded by T. McCaffery and motion carded to
modify the budget and transfer funds from Site Maintenance to Supplies &
Materials $1107.94, Telephone $648.35, Electric $392.39 and Hourly Personnel
$3,817.88.
Clerk's Report
Clerk Gail Faircloth was not present and will report next month.
Maintenance Report
E. Grohoski reported painting was being done in the main office at Vets. Park;
working on maintenance of lawn mowers. Air filters for Toro are expensive,
$45/each. He does blow them out in between replacement.
Repaired a gutter that blew off on the north side of building.
Commissioners commented that Ed had done a great job on snow removal from
parking lot and walkways.
OLD BUSINESS
Bluff Restoration
John Bradley fi.om Eagle Scouts not present and we are awaiting a letter from him.
Item will be tabled until February meeting.
Rock Garden
Girl Scout Troup 2932 gave presentation regarding their proposal for a rock garden
arotmd the flag pole at Bailie Beach. Their objectives are to enhance the beauty of
the Park, help the community and earn their Bronze Award. They will begin
fundraising in March and April, purchase their materials in May, and begin &
complete project the weekend of May 16th.
Filter cloth to prevent weeds goes down first, followed by 2 inches of white base
Page 2 of 9
pepples, and then "inspiration" rocks handpainted & glazed by scouts, each
describing a positive trait of its maker. Materials will be purchased fi:om local stone
business, "Laurel Stone," and will cover an area 7.5x7.5 (56 sq. fi.)
Ed Grohoski pointed out the flag pole is surrounded by a concrete base. They will
put filter cloth over it. Also, there is a dead tree in close proximity, which Ed will
remove, and the scouts offered to donate a tree in its stead to be planted in alternate
location.
Motion made by D. McGreevy, seconded by T. McCaffery, and motion carried to
accept proposal and grant permission for scouts to proceed.
Their presentation board will be kept for display at the Bailie Beach Lodge.
Bailie Beach Lodge
D. McGreevy reported that insurance regarding rental policies should be reviewed.
Insurance policy needs to be in name of person renting, and if under a homeowners
policy, must be clearly stated as additional. Review different types of'special
event" policies, i.e., chaperones, drinking/non-drinking. Jon Shearin of Roy Reeve
would like to meet and discuss. Counsel, E. Powers, suggested a work session
prior to February meeting. Counsel asked if insurance company coverage was ever
bid out. J. Cushman says no - has had insurance with Roy Reeve since early 70's.
Counsel says it should be bid. Policy cost has ranged fi:om $27,000 to $34,000 over
last few years.
Ed Grohoski reported that new duct cleaning company states insurance requires
ducts to be cleaned every six months rather than once a year, which has been
practice. Ed says once a year seems adequate, as there is not much use of stove.
Policy review and duct cleaning issue to be discussed with Jon Shearin of Roy
Reeve at work session to be scheduled for 6:00 p.m. preceding the February
meeting. D. McGreevy will set up meeting.
Lightina Completion
J. Cushman reported still .waiting "as built" and Certificate of Completion from
Welsbach. Cannot request grant fi'om Town until they are received.
N. Deegan would like to see two security hghts redirected - one to the southwest
comer on the grass and one in parking lot. Talked to Don Rudha about this; hasn't
heard back.
J. Cushman will speak to Welsbach. N. Deegan asked why check sent to Welsbach
before completion and nighttime inspection. T. McCaffery stated project was
satisfactory other than punchlist and payment was requested, and we have $15,000
Page 3 of 9
in retainage that should cover any problems.
Vets. Building
N. Deegan reported Mapes looking for documentation of work done in 2002 and the
history of septic system. T. McCaffery stated Artco did it and abandoned old
system and Mapes certified system in 2007. N. Deegan stated old system actually
not dug up but pumped out. Ed Grohoski stated actually never pumped out. J.
Cushman to research bills from Artco, Coastline and Mapes.
N. Deegan reported Mapes spoke to Planning Department and there may be
problem regarding adequate parking.
Counsel asked is their an approved site plan. N. Deegan stated yes, but no formal
review done. J. Cushman believes site plan approved.
N. Deegan indicated Health Dept. has no record of permit for sanitary system.
There is a CO for building but for storage only. Bob Fisher has said they would
issue CO for change of use. J. Cushman stated we have CO for building permit for
what we did.
D. McGreevy indicated Mapes not aware of extra usage now needed for beachgoers
and playground. J. Cushman indicated always the intent for all to use, and Nick is
surprised Mapes wasn't aware.
T. McCaffery asked if the hang-up is that the system is not adequate for storage,
playground and beach? N. Deegan stated Mapes not sure of playground and beach.
T. McCaffery feels it should be adequate, as old one was always for public use.
N. Deegan commented now a Community room and no building permit or
permission fi'om town for that usage. There is a CO for use as storage.
Counsel stated if "as built" survey and CO, then should not be problem.
Ed Grohoski added windows not on architectural drawings; a partition was put up,
which was not on drawings; meeting room is wider than on plans; and door in a
different place.
T. McCaffery stated Mapes looked at septic system regarding change of use.
N. Deegan explained Mapes looked at reusing other bathrooms and did not realize
also for beachgoers.
West Jetty_
N. Deegan reported plans show West Jetly is on MPD property and the existing
jetty was put in by MPD. T. McCaffery stated Ehler's survey should show it.
N. Deegan reported the jetty is rotting and dangerous. Have specs and permit from
last year for both east and west jetties- was put out to bid for both east and west
Page 4 of 9
jetties. Terry Contracting, who was lowest bidder, put in new east jetty, but not to
spec. Didn't realize it should be low profile and had to come back and shorten the
jetty. West jetty construction was delayed and Terry Contracting was to do the
west jetty in Spring of '09. Now maybe new bid should be put out, assuring bid
comes in for low profile jetty and maybe bid will be lower due to less material
required than Terry thought. Counsel to check if possible to rebid it.
J. Cushman to locate the specs and N. Deegan to put bid notice in newspaper this
week requiring bids to be in by the next meeting.
Voting Procedures
Presentation made by Peter A. Young regarding rights to vote on Park District
matters. Mr. Young brought a petition in Supreme Court, which was dismissed for
defective service. He states the issues were never adjudicated on merits and still
need to be resolved. He is sorry that it cost the PD $9,000 for the litigation.
States the laws of New York, on which the Park District bases their voting
procedures, is from 1941 and is obsolete and ambiguous, citing reference to
allowance of "one woman" as commissioner. Counsel states no court will enforce
"unconstitutional" provisions.
Young states prior counsel established bifurcation between legal voter and resident
taxpayer. (Not resident taxpayer because not property owner). He feels there is no
definition in Statute re: "resident taxpayer" needing to be "Property owner" and he
is a "resident taxpayer," as he resides in parent's home as caregiver and pays State,
Federal, local & sales taxes.
States PD is "improvement district" established by Town Board by petition.
Feels PD is disenfranchising 22% of ehgible voters According to US census Bureau
ZCTA (see attached) 14 % of residents are renters with population of 4280 = 600
renters over 18 in MPD, which is more than came out to vote. He was turned away
in August during budget/bond fiscal voting.
Also states merger lists 3007 properties in MPD and 25% were crossouts as non-
residents leaving 2250 not ehgible. Should be 3680 property owners. Believes the
list is 1430 people short plus 600 renters, leaving 47% of voting population
disenfranchised. Feels PD should be inclusionary, not exclusionary.
States he will go to press tomorrow morning.
States T. McCaffery's wife and N. Deegan's wife are not on registry. Inaccurate
list picking up only husbands as property owners. Ball now in PD Court -
Considering going back to Court for new Index Number, restart suit, file Fed. Civil
Rights complaint. Needs answer by next meeting and states he intends to vote in
Page 5 of 9
next election.
Presented draft resolution for Board to consider (see attached).
States other jurisdictions allow all to vote, i.e. Fishers Island, Southampton.
Counsel states the Board cannot authorize all to vote.
N. Deegan states counsel will speak to Attorney General to get a determination on
the issue and the Commissioners will follow that determination.
D. McGreevy states the vote is in August; why does he need answer by February.
P. Young wants resolution or something in writing as to what plan is. He
understands that counsel will review proposed resolution, but wants reassurance that
Commission is moving to resolve issues.
NEW BUSINESS:
Salaries
Motion made by N. Deegan, seconded by D. McGreevy, and motion carried to have
legal counsel paid a stipend of $500/mo. based on annual appointment.
Motion made by N. Deegan, seconded by D. McGreevy, and motion carried to
have Secretary as salaried position at $4,500/year.
Motion made by N. Deegan, seconded by D. McGreevy, and motion camed to
fi'eeze Treasurer, Clerk & Maintenance workers' salaries as they currently exist.
J. Cushman reminds that lifeguards have a salary increase scale built into wages.
D. McGreevy suggests waiting till April/May to discuss summer help as package.
Discussion regarding salary of Ed Grohoski/Maintenance. D.McCrreevy asked why
not a fixed yearly salary rather than hourly pay. Ed states he submits time card
every two weeks. J. Cushman indicates he works at least 100 hrs/week and would
rather pay him for time, as a salaried employee may not put in as much time.
D.McGreevy would like some more info. J. Cushman states over 40 hrs./wk or over
8 hrs./day is overtime. Ed states he is now available 24/7 and may not be as
available if salaried yearly.
Motion made by N. Deegan, seconded by D. McCrreevy, and motion carried to
table this item, as well as salaries of parttime maintenance employees until time
cards can be reviewed.
Current pay of $22.50/hr. will remain until further notice.
Wolf Pit
D. McGreevy noted a Suffolk Times letter to editor regarding the pollution of Wolf
Pit. Spoke to Brian Robinson fi.om Suffolk County Groundwater Resources. He
stated the water was tested three years ago and was fine; will test again when pond
Page 6 of 9
not frozen. If water quality bad, use filtration; if sediment the problem, then
dredging.
E. Grohoski commented there was an attempt to dredge at one point, but no DEC
permit. Also, noted that he pumps fi'esh water in fi'om point under box whenever
water level is low due to evaporation. If not, it would be a mud puddle by August
D. McGreevy reported CAC (Conservation Advisory Council) called from Town
and had seen brown nmoff fi'om farm. T. McCaffery stated that is the Town's issue.
They are aware and haven't addressed it. Asked why test it and what would it show
D. McGreevy responded that it would establish viability; for fish, environment,
people. Also to address concerns in Suffolk Times editorial letter, and let public
know whether or not to our knowledge it is a healthy pond. We have dredged in the
past according to minutes and have taken care of pond.
She also informed that the Library is presenting Wolf Pit program - research, histo~,
- on January 25, 2009.
It was agreed to see what happens after testing.
Telephones
Verizon - D. McGreevy discussed the Verizon phone bill, which was 190/mo. for
three phone lines. Suggested we don't need phone at Aldrich Lane, #298-1136
Cablevision Optonline package with unlimited long distance and directory
assistance will cost $99 for package. They also would put cable and portage in
Vets. bldg. at no charge for possible future use.
BB Lodge phone will be local calls and 911 only; no long distance or regional.
Verizon will be crediting us over $80 representing $8.50/mo. billing not authorized
for Direct Assist over the past year. P. Young mentioned getting WI-FI.
D. McGreevy to look into for future possibility.
Nextel - D. McGreevy reviewed phone #'s with Nextel. 5 phones. Only 2 phones in
use during the prior 4 months at a cost of over $1,500. Need to control cost, which
is presently over $4,000/yr. J. Zuhoski & G. Faircloth never used phones.
E. Grohoski needs phone; used far below 500 mm. limit last mo. Should be only one
active. N. Deegan would like to think about it.
T. McCaffery believed plan was switched-over 4 years ago to pooled minutes.
D. McGreevy stated contract expired in 2006.
Counsel stated then new contract should be same as previous one.
D. McGreevy remarked if that's the case, they owe us due to one phone over usage
and three phones under or no usage. IfNextel comes in too high, maybe check with
Verizon or other company. No fee to drop Nextel Sprint.
Page 7 of 9
T. McCaffery stated J. Cushman is authorized person with Nextel.
J. Cushman to find contract and call Nextel tonight regarding current policy.
Senator Schumer's "Shovel-Ready Projects" Federal Stimulus Package
Any projects within 6-9 months of being shovel ready are to be submitted to the
Senator's office. Possible submissions include: 1. West Jetty 2. Love Lane
bulkhead & walkway 3. Parking lot
E. Grohoski reported that Town has said we cannot fix the walkway on Love Lane
without a permit. It is a structure and, therefore, no permit-~ao repair.
Counsel asks if we can get permit. T. McCaffery stated we never the&
Re: bulkhead repair; need to get proposal fiom an ecological service company. N.
Deegan suggested Land Use, D. McGreevy suggested Encon. N. Deegan indicated
that we have used Land Use before and they have our background, and it was
agreed he will talk to them regarding proposal.
J. Cushman will get together the specs, on the West Jetty for possible submission.
Gas Cards
D. McGreevy reported she has been reviewing gas cards back to October and feels
the expense is extreme.
There are currently 15 cards activated; only 5 being used - Tom McCaffery,
Jerry Zuhoski (prior commissioner), Ed Grohoski, Dave Reeve and Dave Zazeski.
Parttime employee Carl Stelzer at present is not using gas card.
She asked how many hrs. parttime employees work. Ed Grohoski stated one works
! 6 and one works 24 hrs/wk, and go to every park every day.
D. McGreevy stated Dave, who works three, five-hour days, gassed up four times in
December at a cost of $89. Ed explained he works on trash cans at Lodge,
Breakwater, etc. and troubleshoots at all locations and leaves were being done m
December, dump truck filled, Dave is honest.
J. Cushman suggested log it down. Ed says could put mpg. D. McGreevy
suggested keeping a record of where they go. Ed asked if anyone signs offon the
bill. Jolm responded no.
D. McGreevy suggested putting date, time, #of gals. and that Commissioners will
log their m/les driven fi-om now on and be reimbursed $.55/mile.
Motion made by N. Deegan, seconded by D. McGreevy and motion carried for
Commissioners to be paid for logged mileage at the established rate of $.55/mile.
Discussion ensued regarding how best to keep track of maintenance workers'
Page 8 of 9
mileage and gas - i.e., keeping the card with the car, not person; Ed filling all
vehicles; Citgo customizkng which vehicle is filled; Ed keeping log of miles.
Decision made for Ed to top off all vehicles tomorrow (Fr/day) except for the stake
truck.
N. Deegan to stop at Citgo, J. Cushman says Tulsa office needs to be contacted.
J. Cushman and N. Deegan will work together to contact Citgo, and come up with a
system using more identification and accountability.
J. Cushman to locate gas card numbers to be deactivated and letter to be sent
requesting deactivation.
LIGHTHOUSE SECURITY CONTRACT
Motion made by N. Deegan, seconded by T. McCaffery, and motion camed to
authorize chairperson to execute agreement for monitoring with Lighthouse Secur/ty
Systems for the Bailie Beach alarm system, after counsel review.
There being no further business to come before the Commissioners
Motion made by N.Deegan, seconded by D.McGreevy, and motion carded to
adjourn the meeting at 9:45 p.m.
Respectfully st~bmitted,
Be~v~, MPD Secretary
Page 9 of 9
AGENDA
ORGANIZATIONAL MI~q~IG
MATIZI'u'CK PARK DISTRICT
THURSDAY, JANUARY 15, 2009
: 009
RECEIVED
CALL TO ORDER;
ORG~TION'AL M-~ru~:
APPOINT~.~NT ,OF:CHAIR
APPOINTMENT OF LEGAL COUNSEL
APPOnqTICffiNT OF SF~RETARY
APPOINTMENT OF OFFICIAL NE~/$PAFER
APPGnqTMENT OF ~ ~l~lq ,.,~CIAL INSTITUTION
NICHOLAS DEEOAN
PKESENTED VIA E-MAIL
JOHN CUSHMAN
FEB ! 8 2009
CL /WS BP
OAIL FAIRCLOTH
ED GROHOSKI
JOHN BRADLEY, EAGLE SCOUT
OS TROOP
TELEPHONES'
/
GAS CARDS WOLF PIT -'
SENATOR SCHUMER'S-"SHO ,,VE,, L-READY PROJECTS" FEDERAL STIMULUS PACKAGE
FEI~ 1 8 2009
Mat~ituck Park District
Aldrich Lane Lighting Capital Project
Revenues
Budget Actual Balance i Descnption ~ Da~
rransfers from General Fund 39,000.00 39,000.00 ITransfer from OperaSng i 11/13/2008
r
Sedal Bond Proceeds 199,800,00I
rown of Southold 100,000 00 J j
j i
'
i ,
[ I I
~ota,~ ~33~,800.001 30.000.0012,g.000.00 i
^ppropdations '
" Bud~le~[- A~'-~" Balance W Descrip,0n
I
I
I '
I
I
' I
i '
~ I
I i
Totals 338,S00 00 j 800.00 1338,200 00 I
Due from Operating Fund
Welsbach Contrac total
Ward Associates
38,40000
303822 Lights Construction
0000 Construchon Administration
11/40/2008
Date: 12/31/2008
Time: 6:07 PM
Account Account Name
Mattituck Park District
P.O. Box 1413
Matetud(, New York 11952
Current Budg Month To Date Year To Date Remaining Budg
A.100i Real Property Taxes
A. 1090 Pro0erLy Tax Int~rcet
A.2~01 Interest & Earnings
A.2'~0 Concession Rental
A.2590 Beach Permits
A.2620 Forfeiture B~d DeposJts
A.2655 Ramp Keys
A.2705 Gifts & DonaUens
A.2771 Other Revenues
A.599 Appropriated Fund Balance
Total Revenues
Parking Attendants
A.5650.11 Ramp Attendant
A.5650.12 Beach Al/~endants
Total Parking Attendants
Parks Payroll
A.7110.12 Hourly ParsonneJ
Total Park~ Payroll
Capital Outlay
A.7110.242 Site Improvements
A.7110.243 Equipment
Total Capital O~JUay
Contractual Expenses
A.7110.411 S~pplies & Matedals
A.7110.410 Prompt Payment Discounts
A.7110.412 Office StaUonary
A.7110.421 Telephone
A.7110.422 EledTic
A.7110.423 Water
A.7110.424 Gas(Propane)
A.7110.431 Insurance
A.7110.442 Site Maint/Pacility Rprs
A.7110.443 Equipment Repairs
A.7110.451 Legal Council
A.7110.4S2 Se~ry
A.7110.453 Trea~Jrer
A.7110.454 Elec~do~ Tellers
A.7110.455 Commissioner Paes
A.7110.461 Postage
A.7110.462 Permits
Total Contractual Expense
Beaches
A.7180.11 Beach Manager
A.7180.12 Uf~.Kj ua ri:is
Total Beaches
Employee Benefits
A.9030.8 Social Security
A.9060.8 Medical Insurance
Total Employee Benefits
Debt Service
A.9310.6 Debt Prlndpal
A.9310.7 Debt Service Interest
481,229.00 0.00 481,229.00 0.00
0.00 0.00 422.12 -422.12
15,000.00 351.66 11,220.11 3,779.89
0.00 0.(30 250.00 -250.00
7,500.00 0.00 9,000.00 -1,500.00
0.00 750.00 750.00 -750.00
1,500.00 0.00 1,440.00 60.00
0,00 0.00 800.00 -800.00
' 5,000.00 0.00 8,626.00 -3,626.00
50,000.00 0.00 0.00 50,000.00
560,229.00 1,101.66 513,737.23 46,491.77
5,775.00 0.00 5,775.00 0.00
8,240.00 0.00 8,092.74 147.26
14,015.00 0.00 13,867.74 147.26
114,000.00 13,392.75 113,817.88 182.12
114,000.00 13,392.75 113,817.88 182.12
54,525.00 96.00 39,864.78 14,660.22
10,000.00 0.00 1,019,04 8,980.96
64,525.00 96.00 40,883.82 23,641.18
51,500.00 5,897.36 51,107.94 392.06
-50.00 -3.06 -57.77 7.77
250.00 0.00 169.50 80.50
8,100.00 1,294.46 8,048.35 51.65
10,400.00 1,572.20 10,392.39 7.61
750.00 43.01 302.95 447.05
6,000.00 760.35 4,132.29 1,867.71
60,000.00 415.50 31,386.81 28,613.19
27,435.00 125.00 10,619.67 16,815.33
8,000.00 177.70 2,233.85 5,766.15
22,900.00 12,091.47 19,961.47 2,938.53
5,775.00 346.16 4,500.00 1,275.00
5,775.00 ~,~1.24 5,775.00 0.00
215.00 0,00 215.00 0.00
1,500.00 0.00 0.00 1,500.00
450.00 0.00 250.00 200.00
70.00 0.00 70.00 0.00
209,070.00 23,164.39 149,107.45 59,962.55
5,600.00 0.00 5,000.00 600.00
31,500.00 0.00 20,591.~0 10,908.60
37,100.00 0.00 25,591.40 11,508.60
13,222.00 1,023.81 12,511.78 710.22
16,000.00 1,158.96 13,304.33 2,695.67
29,222.00 2,182.77 28,816.11 3,405.89
50,000.00 0.00 50,000.00 0.00
3,297.00 0.00 3,297.00 0.00
Page no. 1
Total Debt Sen/ice 53,297.00 0.00 53,297.00 0.00
Date: 12/31/2008
Time: 6:07 PM
Account Account Name
Mattituck Park District
P.O. Box 1413
Iqatt~K~ New Yor~ 11952
CUr~nt Budg Month To Date Year To D~te Remaining Budg
Page no. 2
A.9901.9
Transfer to Capital Fund
Total Transfers
Total Expenditures
39,000.00 -5,726.19 33,273.81 5,726.19
39,000.00 -5,726.19 33,273.81 5,726.19
560,229.00 33,109.72 455,655.21 10~,573.79