PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
FEBRUARY 25, 2009
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
JOSEPH CAPASSO, COUNCILMAN
ERNEST KASSAY, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
EDMOND O’CONNOR, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
CARL LODES, TOWN COUNSEL
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 22 in attendance.
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2009:
General Fund $53,910.74 , Highway Fund Item 1 – General Repairs $907.14, Highway Fund Item 3 – Machinery $10,785.09, Highway Fund Item 4 – Miscellaneous $4,493.26, Highway Fund – Item 4 - Snow $5,541.56, Highway Fund - Employee Benefits $23,998.19, Putnam Lake Fire District $35,068.00, Patterson Fire District $43,569.00, Waste Water Treatment Plant $16,746.15, Capital Fund $6,888.91, Library $434,000.00, Patterson Light District $663.66, Patterson Refuse District #2 $6,415.84, Deerwood Drainage District $15.50, Patterson Park District $931.50, Alpine Water District $1,194.14, Dorset Hollow Water District $1,477.40, Fox Run Water District $30.11, Grand Total Abstract $646,636.19.
Seconded by Mr. Kassay. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
EDMOND O’CONNOR
PUTNAM HUMANE SECONDARY SHELTER CONTRACT
Mr. O’Connor introduced the following Resolution Acceptance of Secondary Shelter Contract with the Putnam Humane Society for the Year 2009:
R-0209-10
WHEREAS, the PUTNAM HUMANE SOCIETY has submitted the attached Secondary Shelter Contract to be entered into between the PUTNAM HUMANE SOCIETY and the Town of Patterson in accordance with the requirements of the New York State Agriculture and Markets Laws for the period commencing January 1, 2009 and terminating on December 31, 2009; and
WHEREAS, the Town Board of the Town of Patterson wishes to enter into the Secondary Shelter Contract for the year 2009 with the PUTNAM HUMANE SOCIETY;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the Secondary Shelter Contract for the year 2009 with the PUTNAM HUMANE SOCIETY;
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 2
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the Secondary Shelter Contract for the year 2009 and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
RESOLUTION - FEES
Mr. O’Connor introduced the following Resolution for Adoption of Local Law No. 3 of 2009 Fees:
R-0209-11
WHEREAS, an amendment to Patterson Town Code Chapter 87, entitled “Fees”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-1 of 2009, and
WHEREAS, a public hearing was held on February 11, 2009, upon notice duly published and posted, and
WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and
WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 87, entitled “Fees”, which amendment will revise Chapter 87 to incorporate various amendments to said Chapter, including the establishment of escrow accounts for inspection fees and the establishment of penalties of Chapter 87, and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes an UNLISTED ACTION, and
WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the amendments to Chapter 87, entitled “Fees”, as well as other supporting documentation for the project,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:
1. The proposed local law will not create a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.
2. The proposed local law will not create a substantial increase in potential for erosion, flooding, leaching or drainage problems.
3. The proposed local law will not create a substantial increase in traffic or the use of existing infrastructure.
4. The proposed local law will not create a removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
5. The proposed local law will not create a significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources
6. The proposed local law will not create a significant impairment of existing community or neighborhood character.
FURTHER BE IT RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination.
AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 87, entitled “Fees”, in the form and manner as provided below, which amendment will revise Chapter 87 to incorporate various amendments to said
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 3
Chapter, including the establishment of escrow accounts for inspection fees and the establishment of penalties of Chapter 87, and
BE IT FURTHER RESOLVED, that Introductory Local Law I-1 of 2009 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law #3 of 2009 of the Town of Patterson, and
BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
RESOLUTION – ZONING
Mr. O’Connor introduced the following Resolution of Adoption Local Law No. 4 of 2009 Zoning:
R-0209-12
WHEREAS, an amendment to Patterson Town Code Chapter 154, entitled “Zoning”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-2 of 2009, and
WHEREAS, a public hearing was held on February 11, 2009, upon notice duly published and posted, and
WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and
WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 154, entitled “Zoning”, which amendment will revise Section 154-84.D describing improvements which are subject to a performance bond, and Section 154-85 for the establishment of an escrow account to cover the costs of site inspections, and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes a TYPE I ACTION, and
WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the amendments to Chapter 154, as well as other supporting documentation for the project,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:
1. The proposed local law will not create a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.
2. The proposed local law will not create a substantial increase in potential for erosion, flooding, leaching or drainage problems.
3. The proposed local law will not create a substantial increase in traffic or the use of existing infrastructure.
4. The proposed local law will not create a removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
5. The proposed local law will not create a significant impairment of the character or
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 4
TOWN BOARD MEETING
quality of important historical, archeological, architectural, or aesthetic resources
6. The proposed local law will not create a significant impairment of existing community or neighborhood character.
FURTHER BE IT RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination.
AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 154, entitled “Zoning”, in the form and manner as provided below, which amendment will revise Section 154-84.D describing improvements which are subject to a performance bond, and Section 154-85 for the establishment of an escrow account to cover the costs of site inspections, and
BE IT FURTHER RESOLVED, that Introductory Local Law I-2 of 2009 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 4 of 2009 of the Town of Patterson, and
BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. O’Connor made a motion to add Resolution Tractor Supply to his agenda.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
TRACTOR SUPPLY RESOLUTION
Mr. O’Connor introduced the following Resolution for Performance Bond for Tractor
Supply Site Plan:
R-0209-13
WHEREAS, an application for Site Plan approval has been brought before the Patterson Planning Board for the Tractor Supply Site Plan, and
WHEREAS, a recommendation has been made by the Town Engineer for a performance bond sufficient to provide for site restoration in the amount $40,000.00, and
WHEREAS, a recommendation has been made by the Town Engineer that, based on the overall cost of the site improvements, the inspection fee be established in the amount of $22,650.00, and
WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation made by the Town Engineer;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby directs that the amount of the performance bond to be posted for the Tractor Supply Site Plan is established as $40,000.00, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby directs that the inspection fee for the Tractor Supply Site Plan is established in the amount of $22,650.00,
BE IT FURTHER RESOLVED, that the performance bond to be posted for the Tractor Supply Site Plan shall be subject to prior approval by the Town Attorneys, CURTISS & LEIBEL, P.C., as to sufficiency and form.
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TOWN BOARD MEETING
Mr. Capasso stated what is the $40,000.00 for.
Mr. O’Connor stated that is for the site restoration bond in case there is a failure with the project so the site could be restored.
Mr. Capasso stated how can someone go on private property to restore something that doesn’t belong to them.
Mr. O’Connor stated it is my understanding that they would restore the site.
Mr. Capasso stated who is “they,” the property owner.
Mr. O’Connor stated yes. Tractor Supply PLC they couldn’t claim they had no money. The money would be in the bank to do it.
Mr. Capasso stated Tractor Supply doesn’t own the property.
Mr. Griffin stated they will not be posting this bond.
Mr. Capasso stated right, the property owner will be posting the bond. If something doesn’t get finished or developed how can the Town go on the property to do any kind of work.
Mr. Lodes stated I would think under the terms of your bond it would specifically allow you to do that. If they don’t comply with the conditions of the site plan, the bond, I presume would have language in it that would permit a third party under the bond to come and do the work. The fact that they didn’t complete the work (inaudible) a bond is to ensure that a third party will come in and perform that work.
Mr. Capasso stated ok.
Mr. Griffin stated it’s to make it environmentally sound so that we don’t have erosion problems, safety issues etc.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
RESOLUTION CHANGES IN PERSONNEL POLICY
Mr. O’Connor introduced the following Resolution Changes in Personnel Policy Regarding Medical Insurance for Retirees.
Mr. Capasso stated does that include retirees that already left or are they grandfathered in. Are there people getting in-lieu of right now.
Mr. O’Connor stated I believe there is one that I am aware of.
Mr. Capasso stated are they still going to get the benefit.
Mr. Griffin stated that is being looked into right now. There is a possibility that they may not be eligible for the medical benefits, therefore, they would not be eligible for the in-lieu of.
Mr. O’Connor stated if the eligibility question is decided that they are eligible then I believe that rescinding a resolution that was passed some years ago would not affect them.
Mr. Capasso stated when will we find out about that one.
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TOWN BOARD MEETING
Mr. Griffin stated we should have an answer from NYSHIP hopefully soon. Sue has been in contact with them. If you have medical insurance from somewhere else, or you
are not on the Town’s insurance plan at the time of retirement that leaves you ineligible for the insurance.
Mr. O’Connor stated first we have to get that opinion from the State in writing.
Mr. Capasso stated then you will have to add that into this resolution. Right now it doesn’t state that if the person retired already…..
Mr. O’Connor stated I still think that if it turns out that the person who is retired already is eligible they would be eligible under the resolution when it was written.
Mr. Lodes stated I would think you are correct. I don’t think you can change terms of retirement after they are in effect.
Mr. Griffin stated this is going to depend on whether the individual was eligible in the first place.
Mrs. Nacerino stated I also think we need to address the issue at what point in time if you have medical benefits elsewhere are you allowed to switch over to the Town’s benefits and then become eligible for benefits in retirement. I think there needs to be a grace period there, whereby if someone has medical benefits elsewhere and then in the last six months prior to their retirement conveniently switches to the Town’s medical benefits thereby allowing them to receive those benefits in retirement; we need to look into that also.
Mr. Griffin stated I think NYSHIP has some regulations on that, right Sue.
Ms. Susan Brown, Confidential Secretary stated yes.
Mr. Griffin stated we will have to get that in writing.
Mrs. Nacerino stated we need some clarity on that.
Mr. Kassay stated what do we do with the resolution that is before us.
Mr. O’Connor stated the two questions Mr. Capasso brought up have nothing to do with this.
Mr. Capasso stated it does have something to do with it. There is a person under that resolution right now.
Mr. Kassay stated there has to be clarity.
Mr. Lodes stated it would be better to make this one resolution when you resolve that issue.
Mr. Griffin stated I have to agree with Mr. O’Connor on this point. The individual is either grandfathered or he isn’t. That determination is going to come from NYSHIP and it wouldn’t have any bearing one this one way or another. If he was eligible for benefits then he would be grandfathered. I don’t see any reason we can’t move this resolution tonight. It has no bearing on moving this forward one way or another.
Mr. Kassay stated if we move forward with the resolution and we find out that the person is grandfathered, then we have to reactivate that resolution number that he was under.
Mr. Griffin stated if something is enforced at the time you retire and are eligible for the benefit and it subsequently rescinded at a later date you are still entitled to the benefit.
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TOWN BOARD MEETING
Theoretically, we could change this because this wasn’t done by the State. I personally would have an issue with changing benefits that we promised retirees. If the rest of the
Board is uncomfortable with going through with this we can table it. It is up to you Mr. O’Connor.
Mr. O’Connor stated because of what Mr. Griffin just said, I don’t think one thing has much to do with the other. If this turns out to be a mistake in the first place, that’s a whole other thing.
Mrs. Nacerino stated do you think that we need to include that an employee or an Elected Official must be on the medical plan for at least one year prior to separating. I think that needs to be included in the language. If not, somebody could switch three months before their retirement date. I think there needs to be some language and some stipulation included into when or when you can’t join the medical plan.
Mr. Griffin stated that could also be codified in the Town’s Personnel Policy.
Mr. Lodes spoke but unable to transcribe.
Mr. Griffin stated you can modify NYSHIP rules with their permission. I don’t disagree with you. It could be done in the Personnel Policy, Employee Handbook or by resolution.
Mrs. Nacerino stated just as long as the language is clear and it doesn’t slip through the crack. I think this is the time to make this clear.
Mr. Griffin stated we should find out from NYSHIP what their policy is. I know at the time with separation you have to be on the policy. I’m not sure what their guideline is for time frame.
Mr. O’Connor made a motion to table this until the next Town Board meeting.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
MICHAEL GRIFFIN
LIBRARY FUNDING REQUEST
Mr. Griffin introduced the following Resolution for Authorization for Distribution of Funds to the Patterson Library:
R-0209-14
WHEREAS, the Town Board of the Town of Patterson has received a request from the Patterson Library for the distribution of funds in the amount of Four Hundred Thirty-Four Thousand Dollars ($434,000.00) for the 2009 fiscal year pursuant to the 2004 Library Proposition; and
WHEREAS, the Town Board is desirous of distributing said funds in the amount of Four Hundred Thirty-Four Thousand Dollars ($434,000.00) to the Patterson Library for the 2009 fiscal year pursuant to the 2004 Library Proposition;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to cause the distribution of the sum of Four Hundred Thirty-Four Thousand Dollars ($434,000.00) to the Patterson Library for the 2009 fiscal year pursuant to the 2004 Library Proposition.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 8
TOWN BOARD MEETING
NAWCA GRANT PARTNERSHIP
Mr. Griffin stated Mr. Jim Utter would you like to speak on this topic.
Mr. Jim Utter stated I would like to thank you for letting me come and speak on our NAWCA project. North American Wetlands Conservation Act is a federal act that is protecting habitat or wild life that is wetland dependent. We can apply for money from the Federal Government that has to be matched two to one in terms of dollars or values including land. We just completed a project that was a three and a half million-dollar project. Patterson was one of our partners. Among thirteen organizations that partnered on this, one of the primary concerns is that we involve groups from the public and municipalities to bring more people into conservation. As a result of the grant we have protected about one thousand acres, most of which is in the Town of Patterson. It includes doubling the size of Patterson Environmental Park and establishing a wildlife management area called Great Swamp Wildlife Management Area. That is about five hundred acres. Most of the land that we are protecting is open to the public. The wildlife area is open and encourages hunting. This is the third time I have asked you to be a partner at the same level. This basically amounts to Mr. William’s time. Doing work on lot line adjustments and things like that as we go through the process.
Mr. Capasso stated how much does it cost.
Mr. Griffin stated we usually assign about $3,000.00 to the process.
Mr. Utter stated last year it was $4,500.00. Mr. William’s has been an extremely helpful.
Mr. Griffin stated are you comfortable with participating Mr. Williams.
Mr. Williams stated at the Board’s discretion.
Mr. Griffin made a motion that we collaborate with the Friends of the Great Swamp for a NAWCA grant from the Federal Government for the wetlands and watercourse protection. There is no guarantee that they will get it.
Seconded by Mrs. Nacerino.
Mr. Kassay stated discussion. Are we going to put a cap on the figure.
Mr. Griffin stated we could cap it at $4,500.00.
Mr. Kassay stated if that is agreeable to the rest of the Board, we could keep it at the same amount.
Mr. Capasso stated how about $4,000.00 since it is a bad year.
Mr. O’Connor stated our contribution would be made in the form of service.
Mr. Kassay stated as Mr. Capasso stated it is a bad year, do you want to make it $4,000.00.
Mr. Griffin stated there is no money involved; it is just Mr. Williams’s time.
Mr. Capasso stated ok, $4,500.00.
All In Favor: Aye. Carried.
Mr. Utter thanked the Board.
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TOWN BOARD MEETING
BOY SCOUT PACK 133 REQUEST
Mr. Griffin stated we have a thank you note:
Just a quick note thanking you for the use of the Recreation Center for our Annual Pinewood Derby. All of the scout’s families had a great time and that is in no small part due to having a great facility. Thanks again for helping us serve the community. Chris Fisher, Assistant Cub Master Pack 133.
Mr. Griffin stated the other request we have for Pack 133 is a flag ceremony on Memorial Day where we change out the flags at the Maple Avenue Monument. It’s great for them and helps them get merit badges. It is very positive for the scouts to be involved and to understand exactly what Memorial Day is all about. I would be more than happy to include Cub Scout Pack 133 in our Memorial Day Service. I hope the Board feels the same way too.
Mrs. Nacerino stated absolutely.
All Board members agree.
ASSESSOR’S REQUEST – DISCUSSION
Mr. Griffin stated we have no paperwork on what the Assessor is requesting so we have to table this until the next meeting.
AWARD VIDEO BID
Mr. Griffin introduced the following Resolution for Acceptance of Proposal for Videography Services:
R-009-15
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for videography services to be performed on behalf of the Town of Patterson; and
WHEREAS, PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS has submitted a proposal to perform the videography services on behalf of the Town of Patterson for the flat fee of $275.00 per meeting, which includes 9 DVD’s, submission to Comcast for public access sponsorship and all necessary paperwork; and
WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal submitted by PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of PAUL HOLMAN and CARL HOLMAN d/b/a EUROVIDEO PRODUCTIONS to perform videography services on behalf of the Town of Patterson for the flat fee of $275.00 per meeting, which includes 9 DVD’s, submission to Comcast for public access sponsorship, and all necessary paperwork;
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 10
TOWN BOARD MEETING
RESOLUTION-CONTROL OF ANIMALS
Mr. Griffin introduced the following Resolution of Adoption of Local Law no. 5 of 2009 - Control of Animals:
R – 0209-16
WHEREAS, an amendment to Patterson Town Code Chapter 154 – 22.3, entitled “Control of Animals”, has been introduced before the Town Board of the Town of Patterson, as Local Law 5 of 2009, and
WHEREAS, a public hearing was held on February 11, 2009, upon notice duly published and posted, and
WHEREAS, a public discussion was heard at such hearing concerning the merits of said introductory local law, and
WHEREAS, the Town Board of the Town of Patterson wishes to amend chapter 154 – 22.3 entitled “Control of Animals”, which amendment will revise Chapter 154 to establish requirements for the control of animals, farm animals or livestock from being unconfined or running at large, and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes and UNLISTED ACTION, and
WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the Introductory Law #8 entitled “Control of Animals” as well as other supporting documentation for the project,
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:
AND BE IT FURTHER RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination.
AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 154 – 22.3, entitled “Control of Animals” in the form and manner as provided below, which amendment will revise Chapter 154 to establish requirements
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for the control of animals, farm animals or livestock from being unconfined or running at large, and
BE IT FURTHER RESOLVED, that Introductory Local Law 3 of 2009 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 5 of 2009 of the Town of Patterson, and
BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
LAWN MAINTENANCE BID
Mr. Griffin stated I would like to discuss this with Mr. Kassay because I know he worked with Mrs. Antoinette Kopeck, Town Clerk to make some changes in it. While it is still February and there is still a little ice and snow on the ground we can get this moving before the grass starts to grow. I would like to Board’s permission to work with Mr. Kassay and Mrs. Kopeck to get that ready to go out to bid.
Mr. Griffin made a motion to get the approval of the Town Board to put the Lawn Maintenance out to bid.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. Griffin stated Mrs. Kopeck could give us a couple of last year’s bid so we can take a look at it to make sure we have to the areas covered.
Mr. Capasso stated make sure there is fertilization involved in this, because last year our front lawn at Town Hall didn’t look too good.
Mr. Griffin stated the problem is it needed some water from time to time but our well has so much salt in it. If we were ever to use that water to water the lawn, we would need Astroturf.
Mr. Capasso stated isn’t there a filter system on it.
Mr. Griffin stated we looked into a reverse osmosis. The cost was $28,000.00 to install the system and several thousand dollars to maintain it. If it gets very bad we could always ask Mr. Charlie Williams, Highway Superintendent, or the Fire Department to come over and water it.
RECEPTION COPIER – LEASE
Mr. Griffin stated Mr. John Neubauer is here from AVP. We have a proposal from Mr. Neubauer. Counselor have you had an opportunity to review this.
Mr. Lodes spoke but due to lack of microphone usage unable to transcribe.
Mr. Griffin stated are you saying at this point we would have to go out to a bid process.
Mr. Lodes stated it would have to go out to bid.
Mr. Griffin stated Mrs. Kopeck when does the lease run out.
Mrs. Kopeck stated I thought it ran out March 1, 2009.
Mr. Griffin stated it could have. I am going to table this until we have a chance to discuss this a little more.
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TOWN BOARD MEETING
Mr. Griffin made a motion to add Executive Session Legal to the agenda, if the Board has no objection.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. Kassay stated we are tabling this to talk about it in Executive Session.
Mr. Griffin stated yes.
THE AMERICAN CANCER SOCIETY’S DAFFODIL DAYS
Mr. Griffin stated this is a very good cause. You can all buy some daffodils from Mrs. Kopeck. It helps the American Cancer Society. If anyone at home would like to buy some daffodils, please stop by and see Mrs. Kopeck in the Town Clerk’s office before March 16, 2009.
HIGHWAY REQUEST – NEW CHIPPER
Mr. Griffin introduced the following Resolution for Authorization for Purchase by Highway Department of Chipper:
R-0209-17
WHEREAS, the Town Board of the Town of Patterson has received a request from the Highway Department of the Town of Patterson for authorization to purchase a new 13 inch chipper from Salsco, Inc. for the sum of Twenty-Eight Thousand Ten Dollars ($28,010.00); and
WHEREAS, the cost for the purchase of a new chipper by the Highway Department was included in the 2009 Budget;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Highway Superintendent to purchase a new 13 inch chipper in accordance with the attached Quotation received from Salsco, Inc.; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the payment of the sum of Twenty-Eight Thousand Ten Dollars ($28,010.00) to Salsco, Inc. for the new 13 inch chipper; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mr. Kassay. All In Favor: Aye. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
KAMHI PROPERTY – ADDISON DR. – DONATION
Mr. Griffin stated these parcels are by Addison Road. We received a letter from Sharon Kamhi. Carl and Estelle were her parents are Sharon was recently appointed guardian of the parent’s property. I asked the Town Planner to review the properties in question and he has given us a review. Is there a recommendation on this Mr. Williams.
Mr. Williams stated no, I didn’t make a recommendation.
Mr. Griffin stated would you care to.
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Mr. Williams stated I evaluated the properties and I tried to give you some information about what the condition is. For two of the different properties I did put in suggestions they could possibly be used for Stormwater treatment. Other than that they had very limited value.
Mr. Griffin stated two of the three are pretty small properties.
Mr. Williams stated the fourteen acre one is a DEC regulated wetland.
Mr. Griffin stated would it be your opinion or Ted Koslowski’s opinion to take their offer.
Mr. Williams stated there is very little value as far as assessed value assigned to the properties so there is very little loss to our assessment rolls. Two of the properties we could use for stormwater management in the MS4 Program. We know that it is coming and we will be looking for property like this to treat the stormwater. There is some benefit there. The one property on Addison Road is all under water. There is no value what-so-ever. It would be good for Environmental Protection, other than that there would be no benefit.
Mr. Griffin stated does the Board wish for me to consider having me pursue the acquisition of these properties.
Mr. O’Connor stated MS4 is very important. If it is any benefit at all to MS4 it is a great benefit to us.
Mrs. Nacerino stated I agree.
Mr. Griffin stated Mr. Capasso.
Mr. Capasso stated the Town will take over these properties. Is there a dollar amount.
Mr. Griffin stated it is a donation.
Mr. Kassay stated they won’t come off the tax roll.
Mr. Griffin stated I can check. The one that is a quarter of an acre and the other at less than a half an acre I can’t imagine it would be much of an impact. The fourteen-acre lot is mostly swamp.
Mr. Kassay stated my answer is yes.
Mr. Griffin stated you want me to go ahead and proceed with having the properties donated.
Town Board members stated yes.
QUADRICENTENNIAL CELEBRATION – HUDSON RIVER
Mr. Griffin stated we received a letter from the County Legislature Tamagna:
For almost a year a committee has been meeting to plan the Quadricentennial Celebration of Henry Hudson’s discovery and exploration of the Hudson River and surrounding lands. It is scheduled for the July 4th weekend in Cold Springs. This four hundred year anniversary will feature events, programs and will show case all the Counties along the Hudson River. We invite you to take part.
Mr. Griffin stated they have requested that we pass a resolution in support of the Quadricentennial for the Hudson River.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 14
TOWN BOARD MEETING
Mr. Griffin introduced the following Resolution for Approval of Memorialization/ Support of the Quadricentennial Commemoration/Hudson-Fulton 400th Commemoration:
R-0209-18
WHEREAS, the first European exploration of the Hudson River and Lake Champlain and the introduction of steam navigation to maritime commerce were events of major historical importance, both in the United States and internationally; and
WHEREAS, in 1609, Englishman Henry Hudson, acting in the service of the Dutch East India Company, was the first European to sail up the river, later named for him, in his vessel “Half Moon;” and
WHEREAS, also in 1609, French explorer Samuel de Champlain was the first European to see the lake later named for him; and
WHEREAS, these voyages were two of the most significant passages in the European exploration and discovery of America and included two of the earliest contacts in the New World between Native Americans and Europeans; and
WHEREAS, in 1807, Robert Fulton navigated the Hudson River from New York City to Albany in the steamboat “Clermont,” which revolutionized waterborne commerce on the rivers of the United States and transformed naval warfare and fostered international relations through transoceanic travel and trade; and
WHEREAS, the United States Congress has established the Champlain Quadricentennial Commemoration Commission and the Hudson-Fulton 400th Commemoration Commission to ensure a suitable national observance of the Henry Hudson, Robert Fulton and Samuel de Champlain 2009 commemorations through cooperation with and assistance to the programs and activities of New York and Vermont and the commemorative commissions formed by these states; and
WHEREAS, the New York State Hudson-Fulton-Champlain Quadricentennial Commission under Chapter 50 of the Laws of 2002 plan to develop and coordinate the 400th anniversary in 2009;
NOW, THEREFORE, BE IT RESOLVED, that the Town of Patterson hereby supports the Hudson-Fulton-Champlain Commission established by the State of New York and hereby endorses the principles of the Strategic Plan of the Commission and supports becoming an ExploreNY400 Community by partnering with the Commission by establishing a Town Quadricentennial Committee whose purpose it is to plan local events in 2009 and coordinate with the New York State Commission and the County of Putnam Commission; and
BE IT FURTHER RESOLVED, that copies of this Resolution shall be sent to the Putnam County Legislature and Cold Spring Mayor Anthony Phillips.
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mr. O’Connor. Discussion.
Mr. O’Connor stated it also says that the Town will establish a Town Quadricentennial Committee.
Mr. Griffin stated congratulations Mr. Chairman.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 15
TOWN BOARD MEETING
Mrs. Maryann O’Connor stated you won’t be here.
Mr. Griffin stated he doesn’t have to be here. I gave all the information to Jane Cronin to pass on to the Historical Society.
All In Favor: Aye. Carried.
TOWN HALL BACK-UP COMPUTER REPLACEMENT
Mr. Griffin stated Mr. Williams I am a little confused. The back-up hard drive we had here went to the Recreation Center.
Mr. Williams stated the Dell tower went to the Recreation Center.
Mr. Griffin stated is it going to stay there.
Mr. Williams stated as far as I know…….unable to transcribe due to lack of microphone usage.
Mr. Raymond Blanar stated why would we buy a brand new one to stick into a closet when we could buy a brand new one and get use out of it right away.
Mr. Griffin stated the whole point of having a back-up was to exactly what happened the other day.
Mr. Blanar stated right, so I thought once we got approval to buy a new one that we were budgeted for, we would keep the new and have one as a back-up in case this ever happens again.
Mr. Griffin stated this one has been here for some time and it might be a good idea to put it to use and take a newer one and put it in storage.
Mr. Blanar stated that’s fine. It was my impression that it was temporary so I didn’t hook up any of the camera equipment up.
Mr. Griffin stated we have a request from Mr. Blanar to the Town Board:
Due to two recent computer emergencies (a hard-drive crash and an inefficient computer), this memo serves as a request for two (2) new computers that were planned and budgeted for in 2009. Although the budgeted amount is $3,000.00, in an effort to be fiscally mindful the Recreation Center will look to stay under budget by nearly $1,000.00.
The first computer would be used to replace the broken system in the front office and the second computer would replace Sue Macagnone’s computer, which is outdated and too slow for efficient software utilization.
Mr. Griffin stated Mr. Williams do you want to work it out with Mr. Blanar.
Mr. Griffin made a motion to authorize the Recreation Center to get two new computers for an amount not to exceed $2,000.00.
Mr. Williams stated I’m confused. This has to be a Town Board decision. Are we going to leave the tower down there or do you want it back up here.
Mr. Griffin stated I am perfectly all right with you deciding how you want to rearrange it. As long as we still have a back-up.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 16
TOWN BOARD MEETING
Mrs. Nacerino stated I would not be in favor of purchasing new equipment to stick in the closet.
Mr. Capasso stated no.
Mr. Griffin stated the one we had in storage was a new hard drive.
Mrs. Nacerino stated yes I realize that. In these times to do that would seem frivolous because we did that approximately two years ago. It stayed in the closet for two years and at this point in time that would not be a wise decision to do.
Mr. Blanar stated I had the impression that a back-up was exactly that. We had an emergency and our computer crashed and it was two weeks ago. We could have been out of a computer for two weeks had that back-up not been here.
Mr. Griffin stated that was the whole point. Technically I wouldn’t consider it a back-up I would consider it a replacement.
Mr. Williams stated just so you are aware, Paul Piazza had a lap top and since he has been gone that lap top has been sitting in my office. If we had an emergency we could hook that lap top into our network and use that for a week until we got a new computer in here.
Mr. Capasso stated computers are all over the place. You could buy one in one day.
Mr. Blanar stated the Town only has an account with Dell. We get a seven percent discount.
Mr. Williams stated we are ordering a commercial grade computer through Dell. It is not something you would get at Staples and pick-up.
Mr. Capasso stated ok, but how long does it take to get a computer.
Mr. Blanar stated I spoke to them today and they estimated shipping would be March 10.
Mrs. Nacerino stated these are some of the sacrifices we have to take to be fiscally sound. If you had to borrow the lap top, so be it. To start making purchase based on the statistics on how often we need to rely on computer back-up in the closet is not really a necessary purchase at this time. I am in favor of your computers because I know that is something we spoke about in the budget process and something that you need for your department. I do not favor buying new equipment to stick into a closet for maybe two years. If something does happen, we have other resources to rely upon.
Mr. Blanar stated we have the one down there now. If you don’t want it as a back-up we will keep it there.
Mrs. Nacerino stated you can work out the logistics with Mr. Williams.
All parties continued to discuss the above topic.
Mr. Griffin stated I will modify the motion to authorize the Recreation Center to buy one computer to expend no more than$1,200.00. We will work without a back up for the time being.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
JOSEPH CAPASSO
EXECUTIVE SESSION PERSONNEL
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 17
TOWN BOARD MEETING
Mr. Capasso stated I will defer my Executive Session Personnel for two weeks.
ERNEST KASSAY
MAINTENANCE H. TED BAUMAN PARK
Mr. Kassay stated I have informed Mr. Curtiss about the maintenance of H. Ted Bauman Park. It is that time of year again where we are notified about the playground safety inspection and the preventative maintenance. I was able to speak to the Executive Vice President and instead of the price being $1,400.00 he agreed to $1,300.00 due to us being a steady customer.
Mr. Kassay made a motion to approve Playground Medic to do the playground safety inspection and a preventative maintenance for a sum not to exceed $1,300.00.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Kassay stated I set up a date with them for May 6, 2009 at 9:00 a.m. to take care of that.
NOT FOR PROFIT DROP OFF
Mr. Kassay stated I promised the Supervisor at the last meeting that I would speak to our Recycling Coordinator, Mr. Frank Farrell regarding this. With the Board’s patience I would like to enter his memo into the minutes:
This is a follow-up on the memo I submitted to the Town Board on December 12, 2008 regarding commercial permits.
The sale of most recyclables is generating negative revenue for the Town of Patterson. Perhaps the non-profits, tax free or County owned properties could unite collectively and approach some of the businesses that purchase recyclables and deal with them directly in an attempt to save them money.
There are approximately one hundred and eighty five parcels, which fit into the non-profit status. About one third of these parcels, which are occupied, could ultimately want Patterson Recycling Center to deal with their recyclables. Therefore, if the Town was to accept recyclables from one non-profit and the word gets out, our recycling program could be inundated with recyclables from all of the occupied non-profit parcels in the Town.
Our intentions are to be neighbor friendly, however the fact of the matter is the Recycling Center is funded by the Patterson taxpayer. Additional costs for tipping fees and handling of these extra materials for non-profits would certainly create a tax increase for the already overburden taxpayer of Patterson.
Mr. Kassay stated I concur one hundred percent with Mr. Farrell. If there was anyway possible to help out we would have.
Mr. Griffin stated after we had that conversation, I thought about a couple of different non-profits in this Town that could bury us.
Mr. Kassay stated without a doubt. Even one third of the one eighty five would do enough damage.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 18
TOWN BOARD MEETING
Mr. Griffin stated you can’t do for one if you are not doing for all. I will pass this information on to the ones who have inquired and we will go from there.
RESOLUTION OF TABLING OF A MOTION POLICY
Mr. Kassay introduced the following Resolution for Adoption of Policy for Tabling of Motions:
R-0209-19
WHEREAS, the Town of Patterson wishes to adopt a policy with regard to the tabling of motions made by members of the Town Board of the Town of Patterson during a meeting of the Town Board; and
WHEREAS, the Town Board has reviewed the rules of procedure under Roberts Rules of Order; and
WHEREAS, the Town Board has discussed a policy with regard to the tabling of motions;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby adopts the following policy with regard to the tabling of motions:
Pursuant to Roberts Rules of Order, the Town Board of the Town of Patterson hereby adopts a policy in which a member of the Town Board may request that a motion be tabled to the next meeting of the Town Board, which is considered a motion to postpone under Roberts Rules of Order. If the motion passes by a majority vote, the item under consideration shall be adjourned until the next scheduled meeting of the Town Board and shall be taken up as the first item on that agenda.
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
RESOLUTION – REINSTATE HIRE DATE
Mr. Kassay introduced the following Resolution for Authorization of Amendment of Hiring Date of Margaux Miller:
R-0209-20
WHEREAS, Margaux Miller is the Confidential Secretary to the Highway Superintendent of the Town of Patterson;
WHEREAS, the Town of Patterson is desirous of amending Margaux Miller’s hiring date to reflect that her effective date of hire is August 9, 2004 instead of May 30, 2006;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the amendment of the effective hiring date of Margaux Miller to August 9, 2004; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 19
TOWN BOARD MEETING
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
LITTER AND ZONING COMPLAINT
Mr. Kassay stated I had a conversation today with Mr. David Raines, Part-time Fire Inspector, but a prior acting Code Enforcement Officer. We do have a Code Enforcement Officer in place by the name of Mr. Nicholas Lamberti. The Town Board received some communications and photos regarding signs in a residential district to do with a violation of the zoning code, along with visual obstructions at intersections. Also regarding litter on Route 311 and signs that are also zoning code violations on Front Street by Center Street. Mr. Raines assured me that he met with the complainant. The Code Enforcement Officer is working to clear all these violations up. It should be accomplished without any problems and they will keep me informed.
Mr. O’Connor stated the Supervisor and myself met with some of those people over the weekend. A lot of the littering has been cleared up or will be soon. I was speaking with the new Code Enforcement Officer and the time is approaching where we will have to increase his availability of hours. Not now but in the near future. He is only here Monday, Tuesday and part of Wednesday and it is impossible.
Mr. Griffin stated the other topic that was discussed at the meeting was the Rental Registration Law and the fact that we haven’t aggressively or even passively acted on that. One of the requests from the residents was that we get more aggressive on that. I spoke with Nick about that and he said he would be happy to pursue it. I know that Michelle from the Planning Department made up some forms and we will come back to the Board with a recommendation on how we want to get that out to the public. There was one suggestion by the Town Planner that we put it in the tax bills in September. The other suggestion was that we go to the Assessor’s office and start with all of the known 200 Series, which is multiple family residents and we start with them. Then in September we send them out with the tax bills so we save the postage on doing a Town wide mailing separately. It is going to require a commitment of staff and time so we may want to start thinking at what point we are going to need to dedicate more people to that.
Mr. O’Connor stated I did get a copy of that from the Planning Department and I will leave copies of it in your mail boxes.
EXECUTIVE SESSION PERSONNEL
Mr. Kassay stated I will defer my Executive Session Personnel to the end of the meeting.
GINNY NACERINO
TOWN COMPTROLLER’S MEMO
Mrs. Nacerino stated I have a memo on behalf of the Town Comptroller, Patricia Brooks:
There is an issue with Cheryl Smith’s pay rate. In the beginning of 2007 Cheryl was given a significant raise temporarily to offset the fact that the department was without a full-time Inspector. In the 2009 budget her salary was set at $55,000.00 in anticipation of the hiring of a full-time Building Inspector. Since this did not occur, I am recommending that her rate be continued with the standard two percent raise for 2009 retroactive from January 1, 2009.
Mrs. Nacerino made a motion to approve her two percent raise.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 20
TOWN BOARD MEETING
THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS
Mrs. Nacerino stated a letter was sent to Mr. Griffin:
Dear Supervisor Griffin:
We thought you would like to know that Anna Einstein of Patterson is today being named as one of the top youth volunteer’s in New York for 2009 in the 14th Annual Prudential Spirit of Community Awards. This is an extraordinary honor. Nearly twenty thousand young people across the country were considered for the state level recognition for this year’s program. As a distinguished finalist in this year’s program Anna will receive an engraved bronzed medallion at a local ceremony. A copy of the news release announcing this prestigious award is enclosed.
The Prudential of Community Awards created in 1995 by Prudential Financial and Partnerships with the National Association of Secondary School Principals are designed to emphasize the importance of our nation places on service to others and to encourage all young Americans to contribute to their communities. Anna is a senior at Carmel High School created a seven hundred foot handicapped accessible trail in the Putnam County Land Trust Peach Lake natural area. She raised $15,000.00.
Mrs. Nacerino stated on behalf of the entire Board, I would like to congratulate Anna Einstein for this very prestigious award. The trail is named the Landera Loop and is the first handicapped trail in Putnam County.
Mr. Kassay stated I think we should give a round of applause.
Mrs. Nacerino stated she is quite a remarkable young lady.
ECI REQUEST – PUBLIC PROGRAM
Mrs. Nacerino stated I have a request from Ted Kozlowski and I would like to read this as well:
I wish to conduct a free, open public workshop for Patterson residents regarding our Town Wetland Code. In an effort to inform our residents of the code, the reasons why we have the law and why wetlands are important. I would also explain the permit process and what residents can do on their property to help protect our resources. It would be approximately one hour. I would notify residents on the various web sites and via postings at Town Hall and at the Recreation Center.
I feel it is necessary as many people do not understand the how’s and why’s of wetlands and it would be a sound public service for our residents. I would like to do it at the Recreation Center or at Town Hall on a Sunday afternoon in April or late March. Laurie Taylor of Putnam County Soil and Water would assist.
Mrs. Nacerino stated I commend Ted for going above and beyond to try to educate the public. I would like to attend myself. I think this is a great service to our community. It certainly meets my approval.
Mr. Kassay stated I second that. I think it is great.
OTHER BUSINESS
Mr. Kassay made a motion to appoint a Town Engineer.
Seconded by Mr. Capasso.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 21
TOWN BOARD MEETING
Mr. Griffin stated discussion. Mr. Kassay this is the first I am hearing about this tonight. We are going to hire a Town Engineer without even conducting an interview process.
Mr. Kassay stated all the interviews were done by Councilwoman Nacerino. Each and everyone.
Mrs. Nacerino stated and references.
Mr. Kassay stated we have had the bids for quite a while. I know we had a question regarding one of the bidders at our last meeting that was confidential. It was an Executive Session item. Now we have a legal written opinion on that. I would like to see this moved. I have made the motion to appoint a Town Engineer and I have a second. I would appreciate a vote on that first.
Mr. Griffin stated I want to go on record saying that I am adamantly opposed to this. This is a complete blind side again. The Town Board has not had any opportunity to interview any of these applicants. I know nothing about Mazer Engineering. I don’t even know where they are from other than the submittal. We have an opinion from the Attorney that says all the applicants are eligible. I don’t understand why we wouldn’t take the time. We are going to fire an engineer that has served the Town for thirty years and hire an engineer that at least two members of this Board know nothing about. We have not had any opportunity to talk or discuss with or anything else. I had no idea the Councilwoman was doing interviews or checking references or anything else. I had no paperwork from anyone that this was going to be done or that this was going to be brought up. I will move your resolution, but I am adamantly opposed to doing this like this.
Mrs. Nacerino stated the reference checks were done by me. I don’t think any other member of this Board took the initiative to check them out and I think it is standing operating procedure to check references. I spent the entire afternoon on Friday calling all of the firms that submitted a bid so we would have some knowledge of them.
Mr. Griffin stated that is fine. We interviewed people for the position of receptionist. We are not going to interview people for the position of Town Engineer. We got an opinion from the Attorney two days ago.
Mrs. Nacerino stated then why didn’t you set up the interviews. You had this bid opening since mid January.
Mr. Griffin stated how long did it take to hire a Director of Codes Enforcement, seven months.
Mrs. Nacerino stated that is a longer process.
Mr. Griffin stated I can’t believe that you want to bring something up as important as this without it even been noted as an agenda item. Without any knowledge from at least two Board members that this was even coming up and we are going to hire an engineer without conducting interviews. This Board wants to fire an engineer that has worked for the Town for thirty years and hire another engineer that we know nothing about.
Mr. Kassay stated all I can say is we had the bids for a while. Mrs. Nacerino did the reference checks.
Mr. O’Connor stated I agree with Mr. Kassay, I have been caught with not having things on the agenda. I think this is a very important item. I don’t know what the results were. I think Mrs. Nacerino went to a good deal of work to do it. At the very least we should take the time to review what her findings were.
Mr. Griffin stated I can’t believe we are not even going to interview the applicants.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 22
TOWN BOARD MEETING
Mrs. Nacerino stated is it customary to interview applicants in a bid process. I thought that was not routinely done.
Mr. Lodes stated it wasn’t a bid process.
Mr. Kassay stated it wasn’t an RFP it was a sealed bid.
Mr. O’Connor stated not advice of Counsel.
Mr. Lodes stated no matter what you call them, you are asking to hire a professional service. Professional services are hired by request of a proposal. Due to lack of microphone usage, unable to transcribe.
Mr. Kassay stated did you have an opportunity to see Mr. Curtiss’ response to this.
Mr. Lodes stated yes.
Mr. Kassay stated all I am asking for is a second to my motion to add this to the agenda.
Mr. Griffin stated does any other Councilman have any comment on this.
Mr. Capasso stated I did ask you if we were going to interview the firms about three or four weeks ago. I haven’t heard anything from you.
Mr. Griffin stated that’s fine. I’ll be happy to set up interviews.
Mr. Capasso stated we are going into March we haven’t done anything and we need to move on it.
Mr. Griffin stated I have no problem moving on an interview process. We have a Town Engineer in place that has been here for thirty years.
Mr. Capasso stated we all had the bids to review. If you and Mr. O’Connor didn’t review them, that’s your fault. I reviewed them.
Mr. Griffin stated I reviewed them all as well.
Mr. Capasso stated so you did it.
Mr. Griffin stated I reviewed the bids, I didn’t interview anyone from the firms. I don’t know one single person that works for Maser Engineering.
Mr. Capasso stated that’s good.
Mr. Griffin stated maybe that’s good for you but I would like to have a higher comfort level on who we are bringing in to review professional plan reviews.
Mr. Capasso stated they are a very well qualified firm. More than what we have now.
Mr. Griffin stated I’m not going to get into that. I wouldn’t agree with that.
Mr. Capasso stated that’s your opinion and I have my opinion.
Mr. O’Connor stated I don’t have an opinion because I never heard of these people.
Mrs. Nacerino stated they submitted the most comprehensive bid document of all four and they do have the most in house resources available.
Mr. Capasso stated and they are the cheapest so far.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 23
TOWN BOARD MEETING
Mr. Kassay stated I made the motion to get this on the agenda. If I was going to introduce the resolution next that would have been the proper time for the discussion.
Mr. Griffin stated motion has been made and seconded.
All In Favor: 4 to 1.
Mr. Griffin stated I am opposed.
Mr. Kassay stated at this point I will read the Resolution for Appointment of Town Engineer:
WHEREAS, the Town of Patterson has advertised for bids for professional engineers to perform engineering services on behalf of the Town of Patterson; and
WHEREAS, the Town of Patterson has received four bid proposals from engineering firms within the area to perform engineering services on behalf of the Town of Patterson; and
WHEREAS, the Town Board of the Town of Patterson wishes to select one of those firms to supply engineering services on behalf of the Town of Patterson for the 2009 fiscal year;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Maser Consulting, P.A. as Town Engineers for the Town of Patterson effective March 1, 2009; and
BE IT FURTHER RESOLVED, that the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mr. Capasso.
Mr. O’Connor stated discussion. If more than one Board member is uncomfortable with a topic, it should be tabled. I am very uncomfortable with this. When you are looking for personal and professional service, it is not a bid process. I was never impressed with hiring people because they can make a nice book up. I would still like to talk with them. The fact that we have been a little slow in these interviews doesn’t mean we should not precipitously move ahead without any interviews at all and hire people that I have never heard of.
Mr. Griffin stated I believe this was intentionally left off the agenda for this exact purpose. To bring this in here at the eleventh hour without the knowledge and approval of a Board. We have talked about working together as a Board; this is absolutely not working together as a Board. I could give you a dozen references of people that would tell you I’m the greatest guy there ever was and that I’m the best Town Supervisor there ever was. Then you could make about ten phone call calls and find about ten other people that would say I’m the worst Supervisor in the world. I’m not going to give you references that aren’t going to say I’m not the best. We need to check them out. I think this whole process stinks. This being brought up this way is absolutely wrong. It is a disservice to the public. We talked about transparency and open government. This is absolutely not it. This whole process is a disgrace. If you want to move this forward, I will call for a role call vote.
Mrs. Nacerino stated Mr. Griffin, as Supervisor under your purview you had the opportunity since January to check the references and to set up interviews. This is something that we have been discussing since last year. We have a bill from Stantec for $287,685.92 for our year-end expenses. The purpose for these proposals was to see if we could hire someone that is more cost effective that had the expertise to go along with it.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 24
TOWN BOARD MEETING
When I say that the bid document was comprehensive, I didn’t mean that it was esthetically pleasing Mr. O’Connor, I meant that it was comprehensive in its contexts
and what it has to offer this Town. You had ample time to bring this Board together and Mr. Griffin you did not do that, and now you want to shift the blame to us for moving this along.
Mr. Griffin stated why wasn’t it put on the agenda as a listed agenda item.
Mr. Kassay stated let me explain it again. Mr. O’Connor and I concurred, that we are still getting used to having our agenda items in by Friday at 12:00 versus Wednesday at 12:00. I forgot to get it on the agenda. That is what Other Business is for.
Mr. Griffin stated what does two more weeks mean at this point and have a start date of May 15, 2009. As far as the Stantec bill goes, the bulk of that bill is Capital Projects, which this Board approved, and they were acting on based on our approval.
Mrs. Nacerino stated the engineering costs are killing us.
Mr. Kassay stated when the Organizational Meeting took place on January 5, 2009; I made a motion to table the appointment of a Town Engineer. We then asked for the bids and we have had ample time.
Mr. O’Connor stated perhaps it is true that we have been somewhat remiss in setting up a date for actually meeting with these people. That doesn’t justify moving ahead precipitously. I think this should be tabled until the next meeting.
Mr. Griffin stated we found out a couple of days ago whether we could even consider the current Town Engineers.
Ms. Eileen Cuneo stated I think you have to knock this off. Just talk to each other. If they are delaying interviews and you are not happy with it, why don’t you call and say, “can we set up some interviews”. If there are issues with bids why don’t you discuss it with each other instead of having this grudge match.
Mr. Kassay stated we are going to vote and see if the majority of the Board votes yes or no.
Ms. Cuneo stated the majority of the Board has not been involved in the process. If that is a fault of the members of the Board, then address that issue as a discussion outside of this meeting.
Mr. Kassay stated we have all been involved for the last couple of months.
Ms. Cuneo stated that is not what I am hearing right now.
Mr. Kassay stated I don’t know what they have been spending their time doing. Legally I am one hundred percent right.
Ms. Cuneo stated it’s not about legal. This is our money and you are fighting. Take the two weeks to have a conversation and then make a decision.
Mr. Capasso stated we are up here to save you money and that is what we are doing. You don’t know what is going on.
Ms. Cuneo stated I have no doubt that you are trying to save us money.
Mr. Kassay stated I’m not going to get involved in a discussion. I’m waiting for a vote.
Mr. O’Connor stated I think this should be postponed until the next meeting. It is only two weeks.
PATTERSON TOWN BOARD FEBRUARY 25, 2009 PAGE 25
TOWN BOARD MEETING
Mr. Steve Mandras stated I commend the Town Board for trying to save us money. How much money are we going to save or lose if we push this back two weeks so you can work it out and you look like one Town Board. What is the difference. It’s not a matter of principle; it’s a matter of doing the right thing.
Mr. Kassay stated there has been more than ample time. We are paying the same engineer who we are not satisfied with because of their costs. They weren’t even the lowest bidder. They attached an amendment after the bids were open and that doesn’t sit right with me at all.
Mr. Mandras stated I guess my question is what is the impact of holding up the process for two more weeks.
Mr. Kassay stated I don’t think at this particular point that the process should be held up any further because it has been held up longer than it should have. The longer each and everyday goes by the more money it costs us with the present engineer.
Mr. Mandras stated the purpose of this is to save the taxpayers money.
Mr. Kassay stated and to appoint the best qualified candidate by the majority of the Board.
Mr. Mandras stated do the bids expire in the next two weeks or does the Town lose anything. Do we pay extra money in the next two weeks.
Mr. Kassay stated it is circumventing the bidding process and this Board.
Mr. Mandras stated thank you.
Mr. O’Connor stated we agreed that when anything is tabled it’s tabled to be brought up automatically as the first agenda item at the next meeting. We are not talking about 2010 we are talking about two weeks.
Mr. Kassay stated you made a motion to table it and I did not hear a second.
Second by Mr. Griffin.
Mr. Kassay stated now let’s take a vote on whether we should table this or not.
Roll Call Vote: Mr. Capasso; no, Mr. Kassay; no, Mrs. Nacerino; no, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: 3 to 2.
Ms. Dede Lefgren stated I appreciate the work that is apparent you have done
Mrs. Nacerino, Mr. Kassay and Mr. Capasso. If we have two members that are
uncomfortable and don’t have the information even if they were in neglect, I
don’t see why we couldn’t and I’m asking you as a taxpayer I would like
everyone to have an interview process so we all feel comfortable about what is
going on. Could you please just wait two weeks. Your recommendation may be
the one that everyone picks, but let everyone have a hand in this.
Mr. O’Connor stated Mrs. Nacerino did you give the results to any of the Board members.
Mrs. Nacerino stated no, I did not.
Mr. Kassay stated I spoke to the people who submitted those bids.
Mr. Bruce Major stated it is quite evident that we are going to be changing engineers. My question is this, how are you going to handle the transition. We have several
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projects. What are you going to do to ensure that any applicant won’t cost an extra dollar because of this transition. Are you going to keep the previous engineer on the project he was doing and have the new engineer start handling the new ones.
Mr. Kassay stated we are going to handle it the best way possible to have a smooth transition.
Mr. Major stated in other words, there was no thought process going into this.
Mr. O’Connor stated it is going to be very expensive.
Mr. Kassay stated yes, there was.
Mr. Major stated how about an answer.
Mrs. Nacerino stated that might be a consideration but I did speak to the Chairman of the Planning Board and he too was receptive if a change was to be made.
Mr. Major stated what do you mean receptive. There is no problem changing the engineer. I support that if you are getting a cheaper engineer or a better one. My concern is for the projects. I experienced this in Pawling. We were near the end of a project and they changed engineers. At least that Board had the forethought we are going to keep in place the existing Town Engineer for the projects they have been working on. Any new application coming before the Village we have the new engineer.
Mr. Kassay stated we will work to make the transition as smooth as possible.
All parties continued to discuss the above topic.
Ms. Jeanine Haughney stated all we are saying is take your time and do it right. Ginny you got the blessing you did the work. That’s great, don’t lose it now. On behalf of all of us do it right. Take another two weeks. Interview these people.
Mrs. Nacerino stated if the logic behind the interview process is to get this Board to be unanimous in their opinion……..
Audience members stated no.
Mrs. Nacerino stated I don’t know what will change from two weeks from tonight. If Mr. Capasso is receptive to bringing in these people and have them stand before the Board, I see no harm in doing that. If people feel more comfortable I am going to state here tonight that I don’t think my opinion is going to change in two weeks, but out of respect for this community, I think we should do that.
Mr. O’Connor made a motion that this matter be tabled for two weeks and that it be mandatory that it be the first item on the agenda at the next Town Board meeting.
Seconded by Mr. Griffin. Roll Call Vote: Mr. Capasso; no, Mr. Kassay; no, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: 3 to 2.
Audience member spoke but unable to transcribe.
Mrs. Nacerino stated I didn’t fold. I showed respect for what I heard here tonight. The outcome will probably be the same but there is some merit in what the people said tonight. I think that needs to be respected.
Mr. O’Connor stated I have great respect for people who can publicly change their mind because they hear a few things that they haven’t thought of. Thank you Mrs. Nacerino.
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Mr. Griffin stated Mr. Kassay when do you think you would be available for interviews.
Mr. Kassay stated I have no idea at this point. You had better ask some other Board members when they would be available.
Mr. Capasso stated give me some dates and I will get back to you. This should have been done.
Mrs. Nacerino stated I thought we would bring the people to a Board meeting and do it in an open presentation.
Mr. Kassay stated it has to take place in two weeks, which means the majority of the Board is going to have to vote on it. If there is not a majority of the Board that votes on it, it’s out.
Mr. O’Connor and Mr. Griffin stated I don’t understand.
Mr. Kassay stated what happens if all five Board members are not here for the next Town Board meeting. What happens if you get a two and two vote.
Mr. Griffin stated we continue with the engineer we have and we go until we get a majority. Not having a new engineer in place in the next two or four weeks is not the end of the world. We have had the same engineer for the last thirty years.
Mr. Kassay stated and the money keeps being spent left and right.
Mr. Major stated the important thing is to really consider how you are going to merge the two firms. There is a good chance you will be changing engineers. Truthfully, I don’t care. If you are getting a better engineer that’s great. It is crucial. We don’t want to pay anymore meaning anyone who has an application before the Town nor does the Town want to subsidize engineers because of the process.
Mrs. Nacerino made a motion to address this issue and take a vote when there is a full Board present. If there is only four people present at any given Board meeting, I will wait until there is a full Board.
Seconded by Mr. Capasso. All In Favor: Aye.
Mr. O’Connor stated whenever something is tabled it is automatically brought up at the next legitimate Town Board meeting.
Mr. Griffin stated I will send out a memo to the Board with dates to conduct interviews and hopefully we can agree on a date.
Mr. Griffin stated I have a conference request from the Code Enforcement Officer and Fire Code Enforcement Officer to attend a conference for three days in Poughkeepsie for $285.00. They will not be staying over since it is local.
Mr. Griffin made a motion to approve the request from the Code Enforcement Officer and Fire Code Enforcement Officer to attend the conference at $285.00 each.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino stated I have a request from Mr. Raymond Blanar, Recreation Director to terminate the lease agreement for Pitney Bowes postage machine.
This memo serves as a request to terminate the lease agreement for the Recreation Center Pitney Bowes postage machine. This fifty-one month agreement was set-forth in September 2007 at a cost of $131.00 per month through December 30, 2011. If we honor
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the agreement full term the remaining cost of the lease will be over $4,000.00. Due to the postage machines lack of use, only a few times per month, Tracy Buckley has acquired a settlement from Pitney Bowes in the amount of $1,720.51. This settlement offer is good through April 19, 2009. It is my recommendation that we accept the termination agreement and save nearly $3,000.
Mrs. Nacerino stated I thank you Raymond and Tracy for doing the research. Originally, when this proposal was made to have a postage machine down at the Recreation Center the Board was informed that it would be put to good use. Obviously, it has not been utilized to its full effectiveness and I support this memo.
Mrs. Nacerino made a motion to allow Mr. Blanar to pose the settlement with Pitney Bowes in the amount of $1,720.51.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Capasso stated how are we going to do the postage at the Recreation Center.
Mrs. Nacerino stated they can come to the Town Hall, which is what they previously did.
Mr. Blanar stated we don’t do a lot of mailings. Everything is done in mass emails. If you want to keep the postage separate, I can go to the post office and buy a roll of one hundred stamps. Either way it will be a lot cheaper than having this big machine for $131.00 per month just sitting there, not to mention we still pay regular price for postage.
Mr. Griffin stated we need to sit down with Ms. Brooks, Town Comptroller and talk about the fields and the softball leagues. Give me a call when you have some time.
PUBLIC RECOGNITION
Mr. Bob Laroche stated I would like to address two issues. Mrs. Nacerino, I want to say thank you for doing such a great job with your research. You serve the Town Board very well on what you did this evening on both issues of the research and allowing us to go the extra week so you may get full support of all five Board members. You certainly did get the support of those that are here and those that will leave here will let other people know what took place. Thank you very much. Part two, I think you got yourself into this jamb tonight because you are not following your own regulations. From what I heard you have regulations established that you will have your agenda established by noon or 2:00 p.m. on Friday yet you came here and allowed the changes to take place. Two of them as a matter of fact. One did not look to be of any great issue, it was a nice feeling thing that I think Councilman O’Connor did and it worked quite well. Then all of a sudden, we have something pop up that involves a change in a person’s lifestyle with possibly of job loss and a whole new engineering firm that might have been chosen with no real preparation about how it was going to be handled. I think you need to go back and look at your policy on what you do with your agenda and put something in there to protect yourself with an emergency clause in it that allows you to make a decision on whether or not you change that meeting based on “X” number of dollars involved or something that can be handled with no argument. I hope you take a look at that. I would like to ask all of you to review Roberts Rules of Order. You really need to do that.
Mr. Major stated what I would like this Board to consider and look into is to change some of your procedures. Sometimes I come to the meetings and resolutions are outside that I can see. Last meeting there were some. There were resolutions today and there were no printed copies. I would like to see this Board not be able to vote on any resolutions unless it is an emergency and it has been posted on the web so the public can read it. I think it is long overdue. I don’t see any reason why it can’t be put on the web.
Ms. Pat Ploeger stated Jeanine mentioned before that she was embarrassed. After two years of this, I am more than embarrassed. I’m angry. It is about a quarter of a million
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dollars of my money that is sitting up there, playing political games with one another. Don’t smile at me Ernie because you are one of the culprits.
Mr. Kassay stated you are entitled to your statement.
Ms. Ploeger stated it’s my time.
Mr. Kassay stated don’t slander or make accusations, because you will have a legal problem. I’ll sue you.
Ms. Ploeger stated everyone has to realize that the people in Patterson on the average are very intelligent. They can see through what is going on.
Mr. Kassay stated are you making an accusation.
Ms. Ploeger stated I’m making a statement sir. You are or were a police officer you should know the difference.
Mr. Kassay stated watch the accusation you make. If somebody walked into headquarters and just wrote a letter of complaint, it would go in that officer’s file without investigation. So watch what you say. I have rights just as you do.
Ms. Ploeger stated I will. This is not the first meeting that two people are unaware and three people were aware.
Mr. Kassay stated let me interrupt you. At the budget hearings at the Recreation Center, Councilman O’Connor by motion put resolutions on the agenda regarding medical. There were three other people on the Board that knew nothing about it. Mr. O’Connor and Mr. Griffin knew about it. Obviously if the shoe is on the other foot, it is a problem. It seems to be the same few people here who have that same problem.
Ms. Ploeger stated I have also noticed that one person may know something that has not been shared with any of the others. This is bothersome to me as a taxpayer. You have got to get your act together. Whatever is motivating you to keep the others in the dark is not going to play with us as taxpayers or as voters.
EXECUTIVE SESSION
There being no further business, Mr. O’Connor made a motion to go into Executive Session at 10:05 p.m.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. O’Connor made a motion to close Executive Session at 10:30 p.m.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at 10:30 p.m.
Mrs. Nacerino made a motion to delay the vote on the engineering firm until there is a full Board to make that decision.
Mr. Griffin stated we already did that.
Mr. Griffin made a motion for the Town Clerk to advertise for a variety of Highway Department products as per Charlie Williams, Highway Superintendent’s memo dated February 24, 2008.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
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Mr. Kassay made a motion to approve the September 16, 2008 memo from our Comptroller, Patricia Brooks giving Margaux Miller’s one-week vacation for 2008.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
ADJOURNMENT
There being no further business, Mr. Kassay made a motion to adjourn the meeting at 10:45 p.m.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK