PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

MARCH 24, 2010

MINUTES

PRESENT: MICHAEL GRIFFIN, SUPERVISOR

KEVIN BURNS, COUNCILMAN

JOSEPH CAPASSO, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

EDMOND O’CONNOR, DEPUTY SUPERVISOR

ANTOINETTE KOPECK, TOWN CLERK

TIMOTHY CURTISS, 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 26 in attendance.

OFFICE OF REAL PROPERTY PRESENTATION OF EQUITY AWARD

Mr. John Wallen stated Good Evening Supervisor Griffin, Town Board Members, Christopher Boryk, Assessor and everyone in the audience.

I am the Regional Director of the Southern Region of the New York State Office of Real Property Services. With me here this evening is Larry Reed. Larry is our Customer Relationship Manager for Putnam County. This is actually one of the more pleasant things we do. Usually we are greeted with over ripe produce, because we deal with property tax. The long and the short of it is all of us are payers of property tax. I think we can all have two expectations about the property tax system. One has to do with the property tax themselves, that presumably the money being raised is what is needed to fulfill the functions of the tax jurisdiction and no more than what is needed. That is an aspect that we are not here to talk about tonight. The other part of property tax administration that we are here to talk very briefly about and to celebrate is the system for distributing property tax. I think as everyone probably knows, property tax in New York State is distributed on the basis of property value. The simplest way I can say it is that unless a Town’s assessment values are kept current and the assessments are in alignment with card market values, it stands to reason that the property tax people will pay may not be fair. We have a certificate acknowledging that the Town’s 2009 Roll is actually the 9^th year that the Town of Patterson has maintained assessments at 100% of market value. By doing that the Town has essentially made a commitment to property owners that they are ensuring to the best of anyone’s ability that your assessments are in alignment with market value as of the annual valuation date that the Town’s Roll has to be filed in accordance with. The 2010 Roll that will be filed this year will be coming up in a little over a month. That will be ten years and is one of the longest consecutive periods for maintaining equity in values at 100% in all of New York State.

With that Larry and I wanted to acknowledge the efforts of the Town’s Assessor, Christopher Boryk and his staff Donna DiPippo and Amanda Tompkins. We also want to recognize the commitment of the Town Board to the Town’s property owners in ensuring equity in the Town’s Roll. Without further ado we have a very humble certificate we would like to give to Chris. The State has money problems itself which is why this is so humble, but nevertheless the sentiment is genuine and heartfelt. We are very appreciative of Chris’ efforts and the efforts of the Town to support him in doing this.

Mr. Griffin stated I would also like to congratulate Mr. Boryk and the job that the Assessor’s Office does. A lot of people come here and don’t always get the answer they like but they are always treated with respect. Everyone I speak to who comes to Town Hall has a positive experience and are very happy with the service. Not always the answer but always the service. Along with going on 10 years of equity, I also have to congratulate you on running a good shop and working so well with the residents. Thank you, Chris. Thank you John and Larry for coming down.

Mr. O’Connor stated I am here almost every day. I see people come in a little bit miffed and leave unhappy, but they always feel they were dealt with in a very professional and friendly manner.

Mr. Boryk stated thank you very much.

AUDIT OF BILLS

Mrs. Nacerino made a motion to accept the abstract as written:

General Fund $66,975.18, Highway Fund Item $46,536.46, Waste Water Treatment Plant $11,981.43, Capital Fund $11,829.34, Patterson Refuse District #2 $7,078.75, Deerwood Drainage District $15.57, Patterson Park District $755.63, Alpine Water District $264.39, Dorset Hollow Water District $936.40, Fox Run Water District $23,080.90, Grand Total Abstract $169,454.05.

Seconded by Mr. Capasso. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.

EDMOND O’CONNOR

PUTNAM COUNTY COOPERATIVE PURCHASING - DISCUSSION

Mr. O’Connor stated we all received a package on this topic. The purpose is to obtain the benefits and efficiencies that can accrue to its members by cooperating in the development of a concerted effort to operate and maintain a Regional Bid Notification and E-Procurement System, participate in cooperative bidding, assist HVMPG members in compliance with State bidding requirements, in identifying qualified vendors of commodities, goods and services and to realize the various potential economies, including administrative cost savings for members. This is a group of Municipalities, Villages, Town’s and Counties that have decided that it is best to purchase things together to get the benefit of a better price. Some examples are copier paper and they provide a list of prices. Some of the things I like are that no member shall be liable to pay or be responsible for payment of any sum of money. That’s always nice. Any obligation to pay would come under separate agreements. I don’t see any downside to this. They are recommending that we join. They have a list of others that have joined. They suggest selecting an advisor or representative who has familiarity with purchasing within our Town. When the Board is ready to vote, I will be ready.

Mrs. Nacerino stated I think we have been looking for a long time to consolidate our efforts in order to save money. This is a step in the right direction.

PUTNAM COUNTY NATIONAL BANK – SAFETY DEPOSIT BANK

Mr. O’Connor stated we found a couple of keys to a safety deposit box at the Putnam County National Bank in Carmel. We weren’t paying a fee for that. Susan Brown and I went over there to see what was in the box. Unfortunately, there was nothing in the box. Should we continue to rent this box.

Mr. Griffin stated we are not renting it. It was a gift.

Mr. O’Connor stated they have been giving us the box for all these years. If you wish we can keep it so if the need ever arises we have it.

Mrs. Nacerino stated ok.

MS. JACONETTI REQUEST – DONATION OF PROPERTY

Mr. O’Connor stated we have a letter from Carol Jaconetti:

On behalf of my father Luke Frachazaro and my Aunt Mary Butterglari, I would like to arrange for two parcels to be gifted to the Town of Patterson. The parcels on Addison Drive and one on

Barnard Road in Putnam Lake. Please advise how we can complete this transaction if you wish to do so.

Mr. O’Connor stated they are both small and not usable for putting houses on. We have a letter from the Town Planner:

The one parcel is 0.22± of an acre on the west side of Addison Road. It is part of the D.E.C. wetlands. The primary benefit of ownership of the lot would be resource protection and flood plain management. The second parcel is 0.36± of an acre in the same general area at Camden, Elton and Barnard Road. The lot is a gently sloping upland parcel with a drainage channel/stream running along its border. The lot appears to be ideally suited to accept drainage from the surrounding road network. Stormwater management practices could be placed on the lot to address both stormwater quantity and quality issues aiding the Town in meeting the MS4 stormwater retrofit requirements and addressing the drainage problem at Addison Road.

Mr. O’Connor stated there is an advantage of the Town owning these. I checked the assessment today and they are down somewhat from the ones that are on record. The smaller one of the two is assessed at $8,600.00 and the larger one is $35,400.00.

Mr. O’Connor made a motion to accept gratefully the donation request from Carol Jaconetti in honor of her father for both properties; 56 Addison Drive and 51 Barnard Road subject to a favorable Phase I Environmental Assessment of the property.

Seconded by Mr. Burns. All In Favor: Aye. Carried.

GOLDEN AGE SENIORS REQUESTS

Mr. O’Connor made a motion to approve the requests from the Golden Age Seniors for expenses for upcoming trips. All funds will be withdrawn from the previously approved budget for the Seniors of Patterson.

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

GINNY NACERINO

HIGHWAY REQUESTS – FUEL MASTER/NEW TRUCK

Mrs. Nacerino stated at the last meeting we discussed the piece of equipment that was presented to the Highway Department. Fuel Master equipment which is able to monitor the trucks and the fuel consumption. We have a memo from Gene Brandon for three quotes, $18,925.00, $15,990.00 and $13,344.00. Their recommendation is to go with the lowest bidder who is Luzon Environmental Services.

Mrs. Nacerino made a motion to approve Luzon Environmental Services for the Fuel Master 2,500 plus system that includes installation for $13,344.00.

Seconded by Mr. O’Connor. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes. Carried.

Mrs. Nacerino stated we have another memo from Mr. Brandon for the purchase of a new truck for the Highway Department. The new truck was in the budget. It was something that was planned however; we do not have a small truck vehicle replacement system. That was something that the former Highway Superintendent and Mr. Kassay were going to work on. They would like to purchase a 2010 Dodge 3500 Series Truck, which is off the New York State OGS contracts for a sum of $49,409.40.

Mrs. Nacerino made a motion to approve that purchase in accordance with the 2010 budget.

Seconded by Mr. O’Connor. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes. Carried.

FIRE DEPARTMENT APPOINTMENTS

Mrs. Nacerino made a motion to approve the following people accepted to the Putnam Lake Fire Department:

Darran Carey

Michael Foais

Dan Santomero

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

BLOHM THANK YOU LETTER 3/15/2010

Mrs. Nacerino stated I have a letter I would like to read into the record from Christopher and Deidre Blohm:

Dear Supervisor Griffin and Members of the Town Board:

My husband and I wanted to take the opportunity to thank all of you for your consideration and approval of waiving the fee for the use of the Patterson Recreation Center for the purpose of a meeting to educate the public on the Winding Glades proposal. We have endured hours of legal speak by the attorney’s for Winding Glades and are thankful for the uninterrupted opportunity to speak to and inform residents about this project. Your consideration and attendance were greatly appreciated and I hope that the forum is one that you found professional and beneficial to the community. We would also like to mention that Paul Fava was extremely professional and helpful in getting us set up. He made himself readily available for us and is a great asset to the Town.

Mrs. Nacerino stated for those of you that may be unaware, a meeting was held on Thursday, March 13, 2010 at the Recreation Center regarding the Winding Gales proposal.

DRAINAGE COMPLAINT – TANNINI

Mrs. Nacerino stated the following is a memo from Rich Williams to the Town Board:

The Patterson Highway Department initially received a complaint from the above mentioned property owner about an ice build up on Freemont Road. The ice was building up behind a berm that had been installed some years previous by the Highway Department along the frontage of 4 Freemont Road. After discussing the issue with Mr. Tannini, the berm was removed to eliminate the icing condition and allow rain to flow freely off the road. Mrs. Tannini believes that this solution is damaging her property and has been fairly insistent that the Town find an alternate solution. At my request the Town Engineer visited the site to evaluate potential solutions. It appears that the only alternate solution would be to install a series of catch basins and pipes to collect the runoff on the road and pipe the runoff across Mrs. Tannini’s property. This would entail the Town Attorney preparing and filing a drainage easement across Mrs. Tannini’s property; the Town Engineer preparing a design and the Town Highway Department installing the new drainage system. At this time we are seeking the Board’s direction whether to proceed forward with obtaining the drainage easement and preparing a design.

Mrs. Nacerino stated we also have a client authorization form from Maser Engineering for the lump sum fee of $3,050.00 to prepare the berm. At this time, I would like to open this up for discussion. Counselor how much responsibility does the Town bear in all of this.

Mr. Curtiss stated if we do a standard drainage easement then we are responsible to maintain it. If it clogs we have the right to go on the property and unclog the pipe. Other than that we have no other liability.

Mr. O’Connor stated how much responsibility do we have for the situation in the first place.

Mr. Curtiss stated when I spoke with Rich, he said it is a low spot in the road and the water collects there. There was a berm put up to try to assist them and that failed this

winter. There is a way to get drainage across the property to a lower lot with a series of catch basins and get it out of that low spot. Gene was the one who went to Rich to get an easement to get the water off the road.

Mr. O’Connor stated due to the topography of the road and their property it becomes our responsibility.

Mr. Curtiss stated yes.

Mr. Capasso stated is it going to be diverted to someone else’s property.

Mr. Curtiss stated I asked Rich that question. Apparently there are wetlands below them.

Mrs. Nacerino stated Rich do you have any further comments you would like to share.

Mr. Williams stated it has been well covered.

Mr. Capasso stated who owns the wetlands. Is it privately owned.

Mr. Williams stated privately owned. The water is going down there already. What we are going to do is move it up the hill a little bit and get it down to the same wetland. Before it hits the wetland we will defuse that flow so it is not a concentrated channel going in there. Essentially it is going from point A to point B on the same piece of property. It is not a buildable piece of property. It is a D.E.C. regulated wetland.

Mr. Capasso stated I’m not worried about the development.

Mr. O’Connor stated do we have to get permission from the property owner of the wetlands. We might think it is not buildable and somewhere down the road they can say “it could have been if you hadn’t put this there.”

Mr. Williams stated it is going to the same place it is now. We are diverting it across Mrs. Tannini’s property.

Mr. O’Connor stated we should get something in writing from them saying that they understand this situation and they have no objections.

Mr. Capasso stated I have three pipes with water coming in from across the street on to my property. It becomes a problem. It floods part of my property. That was done before I bought the property. If a lot of water flows from across the street that you are putting on someone else’s property, you are going to have a problem.

Mr. Williams stated I understand that. Either you have that pipe where it is or you move it 25 feet over as long as it is still going to the same place, it’s still flooding, you haven’t changed the conditions.

Mrs. Nacerino made a motion to propose that we table this for two weeks and have Rich get in touch with the owners and have something stipulated in writing before we move forward.

Seconded by Mr. Burns. All In Favor: Aye. Carried.

KEVIN BURNS

CONFERENCE/TIME OFF REQUESTS

Mr. Burns made a motion to accept the Conference and Time-Off requests as written.

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

ACCEPTANCE OF CONSERVATION EASEMENT FROM DANNA R. DUNNING RESOLUTION

Mr. Burns introduced the following Resolution of Acceptance of Conservation Easement from Danna R. Dunning:

R-0310-11

WHEREAS, a Conservation Easement from Danna R. Dunning, as Grantor, to the Town of Patterson, as Grantee, has been introduced before the Town Board of the Town of Patterson affecting a portion of the premises which is the subject of the subdivision of property for Danna R. Dunning; and

WHEREAS, pursuant to Section 247 of the General Municipal Law of the State of New York, a public hearing was held on February 24, 2010, upon notice duly published and posted; and

WHEREAS, public discussion was heard at such hearing concerning the merits of said Conservation Easement; and

WHEREAS, the Town Board of the Town of Patterson wishes to accept the Conservation Easement.

THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the Conservation Easement from Danna R. Dunning to the Town of Patterson; and

BE IT FURTHER RESOLVED, that a true copy of the Conservation Easement is attached hereto and made a part hereof; and

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

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

HIGHWAY BID RESOLUTION

Mr. Burns introduced the following Resolution for Acceptance of Bids for Materials for Highway Department:

R-0310-12

WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids to purchase various materials for the Highway Department of the Town of Patterson; and

WHEREAS, numerous bids were received for the items that were advertised; and

WHEREAS, the Highway Department has recommended that bids be accepted for the items listed on the Schedule A annexed hereto and made a part hereof; and

WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendations of the Highway Department and accept the bids as listed on the Schedule A annexed hereto and made a part hereof;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts all of the bids listed on the Schedule A annexed hereto and made a part hereof, including the materials, bidders and costs indicated thereon; 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. O’Connor. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.

2010 Highway Material Bidders

PCRPTS CONTRACT – DISCUSSION/APPROVAL

Mr. Burns introduced the following Resolution for Acceptance of Putnam County Real Property Tax Service Contract:

R-0310-13

WHEREAS, THE COUNTY OF PUTNAM has submitted the attached Putnam County Real Property Tax Service Contract, which is to be entered into between THE COUNTY OF PUTNAM and THE TOWN OF PATTERSON in connection with real property tax-related services for the 2010 calendar year and more fully outlined in the attached Contract; and

WHEREAS, the Town Board of the Town of Patterson wishes to enter into the Contract with THE COUNTY OF PUTNAM;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the Putnam County Real Property Tax Service Contract with THE COUNTY OF PUTNAM;

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Putnam County Real Property Tax Service Contract and any and all other documents necessary to give effect to this resolution.

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

JOSEPH CAPASSO

RECREATION CENTER GRANT

Mr. Capasso stated regarding the Recreation Center grant that I proposed a couple of weeks ago, at the last meeting a couple of people had a few concerns about this. They thought Rich Williams would be able to do this grant for us, he did offer to do it and he will be doing it. Hopefully we will be successful with this. Rich do you have questions on this.

Mr. Williams stated this is the grant that was suggested by the grant writer that we brought in. I would like to read to the Board the program objectives:

The development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities principally for persons of low and moderate income. Low and moderate income in the Town of Patterson by the 2000 census was $46,471.00. In order to qualify for the grant we need to show at least 70 percent of the funds requested are funding activities where at least 51% of the beneficiaries are low or moderately income families. It is a very difficult threshold to get over. This also applies to the DACR Grant that the Supervisor has also asked me to prepare. We will prepare them and get them in. We will do the best we can. You are asking me to do something that has a very high threshold to meet the requirements of the program. One of the requirements is that we have two public hearings. It’s a little difficult since we only have one Town Board meeting between now and the time the grant needs to be submitted. We can do an administrative public hearing, we can have it in my office, the Supervisor can do it or the Town Board can have a special meeting.

Mr. Burns stated can we do it at a work session.

Mr. Griffin stated we normally don’t schedule things of that nature at them. I would suggest we pick a date and do it administratively so we meet the threshold and the second public hearing would be at the meeting on April 14^th, 2010.

Mrs. Nacerino stated I would rather do it that way.

Mr. Capasso made a motion to set a Public Hearing on April 12, 2010 and on April 14, 2010 at the Town Board meeting.

Seconded by Mrs. Nacerino.

Mr. Griffin stated so we are clear, that is for both grants. When I get to my agenda I will explain what the other grant is for.

All In Favor: Aye.

RECREATION CENTER A/C UPDATE

Mr. Capasso stated I was looking to move forward with this but I want to wait to get grant money first. I want to get some money before we spend any more money. Let’s wait until we hear what is going on with the grant before we move forward with the engineer. If that is okay.

It is not something that is going to be cheap. To redo the plans for engineering the cost is $1,200.00 just for the engineers to come down and assess it and then the cost could be anywhere from $5,000.00 to $10,000.00 for the design of the plans.

Mr. Griffin stated we will know about the grant fairly quickly right.

Mr. Williams stated maybe August or September.

Mr. Griffin stated I think we are past the window for this year.

Mr. Capasso stated until we secure the grant let’s hold off on this.

EXECUTIVE SESSION

Mr. Capasso stated he would like to defer his Executive Session-Personnel to the end of the meeting.

MICHAEL GRIFFIN

HIGHWAY REQUESTS – MEO POSITION/MCMANUS ROAD SOUTH - DISCUSSION

Mr. Griffin stated we have a memo from Gene Brandon, Highway Department:

I would like to request that we upgrade the laborer’s position to an MEO position. Since Chuck Mulligan retired in November 2008, we have been down one driver MEO for large trucks. Since the Highway Superintendent agreed not to fill the position for two years and they do have one laborer who is in the process of getting his CDL.

Mr. Griffin introduced the following Resolution for Elimination of Laborer Position within the Highway Department:

R-0310-14

WHEREAS, the Town Board of the Town of Patterson has been advised by the Highway Department that the position of Laborer within the Highway Department is no longer necessary; and

WHEREAS, after careful consideration, the Town Board of the Town of Patterson acknowledges that the position of Laborer within the Highway Department should be eliminated; and.

WHEREAS, the Town Board of the Town of Patterson wishes to eliminate the position of Laborer within the Highway Department.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby eliminates the position of Laborer within the Highway Department of the Town of Patterson; 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. O’Connor.

Mrs. Nacerino stated discussion. Mr. Williams agreed not to fill this position for one year and as it turned out it was two years. I would like to do things in a more consistent manner. When the budget was being prepared in August, there was no overture or any mention from Mr. Williams that he was going to reinstate this position. Gene Brandon has indicated that he is down a driver. I believe that the bulk of some of the things are behind us like snow plowing. I would hope they would curtail some of the blacktopping in the spring and summer to save some money. I’m not sure that this position is really necessary at this time. If it is I would like Mr. Brandon to justify why he feels that we need to do this mid-year.

Mr. Griffin stated they would like the driver to get his CDL and be prepared so at a point where he does need drivers because of vacations or storm events or anything else, he has a complete staff. We are not talking about creating a position totally new. We are upgrading a laborer’s position which is only a few dollars difference per hour. Technically we are down two drivers because Charlie used to drive a route as well as Chuck. This year we were scrambling for bodies, we were bringing guys in from the garbage district to do plowing. He spoke to the individual in question and he already got his permit and is more than willing to go through the program. We will train him and then he will be tested and certified as a motor equipment operator.

Mr. O’Connor stated I know the Highway Department has hired drivers on a per diem basis because they were short of manpower.

Mrs. Nacerino stated I didn’t realize that Charlie Williams was himself a driver. As we eliminate this position we are still going to have the same status quo manpower there.

Mr. Griffin stated there will be 12 employees and that number isn’t going to change. They are not asking for the extra guy to replace Chuck, they just want to upgrade the individual who is in the laborer’s position now to that of MEO so he can operate all the equipment.

Mrs. Nacerino stated I understand. I would still like to see that consistentancy plan when we do our budget. That is the time to do that not mid-year. I do take exception to this because that point is well taken.

Mr. Griffin stated I understand. The other thing is if we adopt this resolution and go with the appointment of Motor Equipment Operator in training on a provisional basis basically the individual is going to have until the end of July to get his license. Should he fail to accomplish that task, then we would have a few months to fill the position prior to the possibility of early snow. Unfortunately for the individual he won’t be eligible for the position. He understands that and accepts that.

Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.

Mr. Griffin introduced the following Resolution for Appointment of Motor Equipment Operator within the Highway Department:

R-0310-15

WHEREAS, LAWRENCE FISCHER currently possesses a permit for a Commercial Driver’s License and is currently employed by the Highway Department of the Town of Patterson; and

WHEREAS, the Town of Patterson, as appointing authority, wishes to appoint LAWRENCE FISCHER to the position of Motor Equipment Operator (MEO) IN TRAINING within the Highway Department of the Town of Patterson on a provisional basis until on or before July 31,

2010 or until LAWRENCE FISCHER obtains a Commercial Driver’s License as defined by the Commercial Motor Safety Act, whichever occurs first; and

WHEREAS, should LAWRENCE FISCHER obtain a Commercial Driver’s License on or before July 31, 2010, the Town of Patterson wishes to authorize his appointment to Motor Equipment Operator within the Highway Department of the Town of Patterson in accordance with the attached job description.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints LAWRENCE FISCHER to the position of Motor Equipment Operator (MEO) IN TRAINING within the Highway Department of the Town of Patterson with the job specifications as attached hereto on a provision basis until on or before July 31, 2010 or until LAWRENCE FISCHER obtains a Commercial Driver’s License as defined by the Commercial Motor Safety Act, whichever occurs first; and

WHEREAS, should LAWRENCE FISCHER obtain a Commercial Driver’s License on or before July 31, 2010, the Town Board of the Town of Patterson hereby authorizes his appointment to the position of Motor Equipment Operator within the Highway Department of the Town of Patterson in accordance with the attached job description; 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 Mrs. Nacerino. All In Favor: Aye. Carried.

MS4 PROGRAM

Mr. Griffin stated I have a memo from Nick Lamberti:

Last July 2009 my office was notified by Patterson Highway Personnel that a stone wall was being constructed at 71 McManus Road South and it was in the Town’s right-of-way. We immediately notified the property owner to cease construction of the wall and referred to a survey of their property. To make a long story short, the wall is still there and speaking with Gene Brandon and the acting Highway Superintendent regarding several matters the stone wall situation became a topic of discussion.

Gene Brandon wrote:

As per our conversation about the rock wall erected at the Palmiero resident’s that is in the Town right-of-way, I went out to the property and measured the road by the rock wall. It is 15 feet wide, barely enough to fit two cars through, and a great hindrance to snow removal efforts. In efforts to correct this and yet avoid having to have the Palmiero’s remove their rock wall, I believe I have come up with an acceptable solution to remedy their mistake. I recommend that we widen the road 6 feet on the right hand (east side) of the road. This will then give us adequate space for traffic and snow removal. This solution will entail the Town Engineer evaluating the site and his recommendation for how to proceed.

Mr. Griffin stated there is probably a little more involved with that because I’m not sure who will have adequate right-of-way. We will have to talk to the other property owner. Also, who is going to pay for all of this. The road was put there improperly. They were put on notice of it. I believe they finished the construction of the wall or a good portion of it. I’m not sure what we are talking about. We could be talking about a couple of hundred feet of road. Six feet will involve some landing clearing, possibly some drainage issues and a significant amount of black top. Counselor do you have any thoughts on this matter and then I would like to open it up for discussion with the Town Board on how they feel about it.

Mr. Curtiss stated the Highway Department should investigate the feasibility of removing the wall and getting it out of the right-of-way. I don’t know if that is an issue at this point.

Mr. Griffin stated I think there is another problem. Technically it is a retaining wall. The wall is about two feet tall and then the back is filled to the top. They would have to take a big chunk of their front lawn so it wouldn’t slump into the road. Maybe it would be a good idea to take a site walk up there prior to making any decisions. Also, we should get a guestimate from the forum as to what they anticipate the cost to be and how much time it will take. It could run us somewhere between $20,000.00 and $30,000.00 minimum by the time we pay the engineers, attorney’s fees and all the work, etc.

Town Board members stated they will take a site walk individually.

Mr. Burns stated is this a two-way road. They own a second lot, I don’t know if it is buildable.

Mr. Griffin stated I don’t know. After the site walk we can bring this up again and discuss this at the next meeting.

Mr. Griffin stated I have one more request from the Highway Department and I didn’t put this on my agenda, but if no one has any objections, Gene sent us a memo stating:

In an effort to clean up the yard, we would like to get rid of old truck No. 6. It is a 1987 International Six Wheel that was destroyed by fire. We have used all the usable parts of it and it is basically a skeleton. They could sell it as scrap.

Mr. Griffin stated for everyone’s information and part of them cleaning up the yard we received two checks from Southeast Auto Wrecker’s for almost $3,000.00 for scrap.

Mr. Griffin made a motion if there is no objection I would like to authorize them to continue to clean up the yard and have this truck removed.

Seconded by Mr. Burns.

Mr. Capasso stated there is also a truck at the sanitation garage that should be taken.

Mr. Griffin stated is it junk.

Mr. Capasso stated yes.

Mr. Griffin stated they have been talking to Gene about putting together all the equipment for auction. We have several trucks, the old gradall, and the Code Compliance vehicle that should probably be replaced. That could be in the auction for someone who needs parts. Let Mr. Farrell know that we agreed that it is okay for him to get rid of the sanitation truck and sell it for scrap. The Highway Department is doing an outstanding job cleaning the place up.

MS4 PROGRAM

Mr. Griffin stated Rich would you like to update the Board on this.

Mr. Williams stated I gave you two memos outlining the various options the Board has. I’m looking for direction from the Board on which way you want to go with this program. Do you want to continue to work cooperatively with the other municipalities and what level of commitment are you looking to make.

Mr. Griffin stated the memo discusses three options. I think the option of continuing on the path of individual compliance. While we are in pretty good shape, I agree with the bubble compliance for the time being is the better way to go because of the availabilities of grant money under regional stormwater entity. Since the D.E.C. and D.E.P. seem to be much more inclined to give grants to groups as opposed to individuals, I think the bubble compliance aspect would probably be a much more productive way to go about it. Patterson and Southeast are the only two Town’s in Putnam that are in compliance right now with our total daily maximum loading requirements reduction of phosphorus. There is a possibility we could help the other Towns and the County in the first year. We are talking about a very expensive program. The overall cost for compliance over a period of five years is well in excess of $17,000,000.00 and

$20,000,000.00. The Town of Patterson’s portion is well over a $1,000,000.00. Actually it is $1.7 million dollars to achieve compliance over the five years. There are a number of grants out there that Rich has recommended we pursue. I suggest that you continue to do that. The grants also involve a local match. The County is still sitting on $11,000,000.00 from East of Hudson money from New York City that could be used for the local match, if the County agrees. I think we should encourage the Advisory Committee to carry on.

Mrs. Nacerino stated I agree with option two as well.

Mr. Griffin stated has everyone read the memo. Basically we will stay with the Advisory Committee’s recommendation. The other thing is to pursue the water grant.

Mr. Williams stated it is a multi-step process. I issued a letter to the D.E.C. Notice of Intent. I did it on my own, because there was a time issue. The next step is to identify specific projects that we will target to secure the matching funds for it.

Mr. Griffin stated there has been some discussion about approaching the County in terms of their cooperation. While we may cover them for their compliance with the fact that we have excess in our reduction requirements for this year.

Mr. Williams stated with all due respect there has been a lot of talk from the Supervisors about approaching the County.

Mr. Griffin stated we are going to pursue the water grant and going to stay with the bubble compliance.

FOX RUN PHASE II – LOCAL LAW DRAFT

Mr. Griffin stated unfortunately Sir we did not get a recommendation back from the Planning Board yet. I can’t schedule a public hearing until that point.

Mr. Williams stated it is on the agenda so you can see the finished version. Take a look at it and if you have comments on it we are still moving the process forward.

MORATORIUM – SET PUBLIC HEARING

Mr. Griffin stated we have two resolutions that have been drafted by the Town Planner. The first resolution basically is an Interim Development Law to set up a moratorium for the purposes of amending the Town Zoning Code for Clubs. The second resolution that has been drafted refers to Clubs, Research and Development. At this point, the Town Board needs to decide if we are going to clean up our existing code relative to Clubs and/or Research and Development as to which draft version or resolution of Introduction of Local Law I-3 Providing for Public Notice and Hearing that you want to go forward with. I’ll open this up for discussion.

Mrs. Nacerino stated I would like to go forward with the Clubs, Research and Development.

Mr. Capasso and Mr. Burns stated they concur.

Mr. Griffin introduced the following Resolution Introducing Local Law No. I-3 and Providing for Public Notice and Hearing – “Interim Development Law”

R-0310-16

BE IT RESOLVED that an amendment to the Patterson Town Code Chapter 99, entitled “Interim Development Law”, is hereby introduced by Michael Griffin, as Introductory Local Law #I-3 of the year 2010 before the Town Board of the Town of Patterson in the County of Putnam and State of New York, and

BE IT FURTHER ERSOLVED, that copies of the aforesaid proposed Amendment, which is attached hereto, be laid upon the desk of each member of the Board, and

BE IT FURTHER RESOLVED, that the Town Board will hold a public hearing on said proposed Amendment at the Town Hall, in the Town of Patterson, New York at 7:30 p.m. on April 28, 2010, and

BE IT FURTHER RESOLVED, that the Town Clerk publish or cause to be published a public notice in the official newspaper of the Town of Patterson of said public hearing at least five (5) days prior thereto.

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

Mr. Griffin stated the Public Hearing will be held on April 28, 2010.

WASTE WATER TREATMENT PLANT UPDATE

Mr. Griffin stated we had a fire there on Sunday, March 14, 2010. Before I invite Mr. Raines to give us an update on it, I would like to thank him for several things. Along with Mr. Williams and Mr. Fava the response was nothing short of miraculous. The Fire Department and NYSEG turned the power off while the fire was in progress, so we had no power or ability to clean up. Monday morning Mr. Raines and the Selectman loaned us a rather large generator that supplied lights and we were able to start the clean up. The Fire Department did a very good job. They put about 70,000.00 gallons of water in the building and it required a monumental clean up. Based on the actions of Rich, Dave, and Paul we were able to be back up and processing by 4:00 p.m. on Monday afternoon.

Mr. Dave Raines, Town Fire Marshall stated Mike summed it up. For those of you who aren’t familiar with the details, on Sunday, March 14, 2010 at approximately 3:40 there was a report of smoke in the area of the Waste Water Treatment Plant at 470 Cornwall Hill Road. Patterson Fire Department was notified. Upon their arrival they had flames and heavy smoke shooting from the south side of the building. The flames spread from that point.

Mr. Raines continued to explain the results of the fire.

Mr. Griffin stated I would like to congratulate everyone for a great team effort. Thank you all.

BUDGET TRANSFERS

Mr. Griffin made a motion to approve the Comptrollers Budget Transfer request as written:

Budget Request No. 07

Increase H.5730 Bond Anticipation Note $1,900,000.00 to H.2397 Capital Projects – Other Govt

Increase H.8989.029 Courthouse $2,150,000.00

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

Budget Request No. 08

Mr. Griffin stated the following budget adjustment is necessary to adjust the budget for the insurance cost due to the fire at the Waste Water Treatment Plant. All of the costs that are being discussed here are reimbursable by the insurance company and we should have this money in hand shortly. In the meantime, everyone has to get paid so she is requesting that we increase the amount as follows:

Increase GWTP.2680 Insurance Recovery $100,000.00

Increase GWTP.8110.400 Sewer Administration Contractual $100,000.00

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

COURTHOUSE – BID CORRECTION/UPDATE

Mr. Curtiss stated the bid that was awarded was to the lowest bidder who at first was going to hold his price. He later came back to us and said he could not hold his price so we had to go to the next available bidder.

Mr. Griffin introduced the Resolution Rescinding Resolution No. R-0310-03 Electrical Contract for the Patterson Courthouse:

R-0310-17

WHEREAS, on March 10, 2010, the Town Board of the Town of Patterson adopted Resolution No. R-0310-03 accepting the bid of DELEONARDIS ELECTRIC INC. and awarding the electric contract for the new Patterson Courthouse to DELEONARDIS ELECTRIC INC.; and

WHEREAS, the Town Board of the Town of Patterson has been advised by the Town Planner that DELEONARDIS ELECTRIC INC. had failed to respond to the Town’s request that it agree to honor its bid price submitted at the time of the bid opening, despite the delay in awarding the bid; and

WHEREAS, the Town of Patterson wishes to rescind Resolution No. R-0310-03 adopted on March 10, 2010.

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson rescinds Resolution No. R-0310-03 adopted on March 10, 2010; and

give effect to this resolution.

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

Mr. Griffin introduced the following Resolution for Acceptance of Bid for Electrical Contract

for the Patterson Courthouse:

R-0310-18

WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for the electrical contract for the new Patterson courthouse; and

WHEREAS, J&J SASS ELECTRIC, INC. has submitted the lowest bid for the electrical contract for the new Patterson courthouse in the amount of Two Hundred Twenty-Seven Thousand Three Hundred Dollars ($227,300.00); and

WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid of J&J SASS ELECTRIC, INC.;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid of J&J SASS ELECTRIC, INC. for the electrical contract for the new Patterson courthouse in the amount of Two Hundred Twenty-Seven Thousand Three Hundred Dollars ($227,300.00); 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 Mrs. Nacerino. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.

SEWER EXTENSION TO LIBRARY – DISCUSSION

Mr. Griffin stated awhile back the library requested for consideration to extend the sewer line down to the library and at the same time it would provide sewer connection for Benfield’s electric building. That would allow major flexibility in how that building gets redeveloped or reused. We asked the Town Engineer for a proposal to do the engineering and design so we can go to the D.E.P. for approvals. They came back with a cost estimate of $20,000.00 for design

and all the necessary paperwork to apply for the necessary approvals. I asked Mr. Williams what our opportunities would be for grants. That is where the BACR grant came in. While he has a low expectation for these grants to be approved, the question I would like to ask the Board is do we wish to pursue the grant and/or if we go forward using Fund Balance if we expend the monies prior to the grant are we eliminated from the grant B.

Mr. Williams stated I don’t have an answer for you on that. I will find out.

Mr. Griffin stated I would like to consider moving the process to allow the engineer’s to go forward with this. The question is how are we going to pay for it. Two weeks will probably give us a better indication of what the issues are with the grant. I will speak to Patricia Brooks, Town Comptroller on Monday.

PC SOLID WASTE MANAGEMENT PLAN – COMMENT PERIOD

Mr. Griffin stated Putnam County Solid Waste Management Plan is filing a Solid Waste Management Plan with the State of New York. That is probably going to lock us into a system that they are going to design. Right now there is a comment period. I don’t know how the Board feels about “Pay As You Throw”, but I’m not entirely impressed with the system they put forward from Waste Zero’s presentation. I have made some telephone calls to some of the people on the list that they spoke about, some have found it to be very interesting, and some found it very difficult. Does the Board have an opinion one way or another on what kind of comments we would like to submit or do you want me to draft something up for your consideration and we can discuss this at the next meeting.

Mr. O’Connor stated to put it mildly, I’m skeptical. I heard nothing in the presentation that would be advantageous for the Town of Patterson.

Mr. Burns stated do they have a written proposal now.

Mr. Griffin stated I believe we passed the draft to everyone but it has been quite awhile. I’ll have Sue reissue it to everyone. The “Pay As You Throw” system doesn’t offer a lot of benefits and does offer some serious headaches. I’ll do some more research and draft something up for your review and I will bring it up at the first meeting in April.

Mrs. Nacerino stated I am also very apprehensive about moving forward.

DHCR GRANT

Mr. Griffin stated we already covered this topic.

OTHER BUSINESS

Mr. O’Connor stated we had a very successful and well attended Senior Citizen St. Patrick’s Day luncheon. The Recreation Center is great for having a Senior Citizen luncheon every month on the third Wednesday. The food is great thanks to Paul and Maya who are great cooks. This time it was corned beef, not a particularly Irish dish, but people think it is! It was great. I was asked to thank Maryann O’Connor for baking 8 Irish soda breads so everyone could have a slice of real authentic Irish soda bread and not the A&P version.

Mr. Griffin stated unfortunately that day I had to go to the sewer plant with the fire investigator and I didn’t get any. All the corned beef was gone. It must have been great.

Mr. Griffin stated one of the things that was talked about with the Master Plan issue was the possibility of bringing on an attorney with specific land use planning skills. I have spoken to Town Counsel and right now his plate is pretty full with all the other things that are going on.

Mr. Curtiss stated does the Board really want to revisit the Master Plan because what the Planning Board is doing now is just looking at those two issues that you referred to which is the Clubs, Research and Development. If you want to undertake the review of the Master Plan that is pretty serious undertaking in terms of time, commitment and money.

Mr. Griffin stated Mr. Williams has reached out to some people we worked with in the past from Pace University Law School. He spoke to some of the best land use attorney’s in the area. One name came back several times, Lester Steinman, who is the Director of the Edwin McKellain Municipal Law Resource Center at Pace University. I would like the Board to consider allowing Mr. Williams to get a proposal from Mr. Steinman.

Town Board members stated yes.

MRS. NACERINO’S ENVIRONMENTAL TIP

Get your tax forms on line. It is simpler and you can file faster. Over 72 million tax returns are e-filed. 20 million from home computers. If every tax return was e-filed it would save at least 660 million sheets of paper stacked to equal 36,000 six foot tall IRS agents.

PUBLIC RECOGNITION

Ms. Adrianne Kavelle stated first of all I would like to thank the Board for a very cogent and calm meeting. I think it was great. There are two people here who deserve a lot of help and thanks. One is Mike Griffin and the other one is Sue Brown. I am presenting them each with something they could really use, “Magic Wands”.

Mr. Joe Tierney stated Ginny on your agenda regarding the Highway request for the new truck, who determines when a truck is no longer operable.

Mrs. Nacerino stated I believe that assessment was made by the Highway Superintendent when they were preparing the budget. The truck they have now is completely rotted out. It is not salvageable. This was something they planned on purchasing in 2010. Also, Gene Brandon made the same assessment.

Mr. Burns stated the truck was 12 years old.

Mr. Griffin stated Phil is our Head Mechanic at the Highway Department. He gave me a tour of the truck. The floor is rotted out, the frame has issues, and the cab has issues. It is in pretty tough shape.

Mr. Tierney stated what would be done with it.

Mrs. Nacerino stated I would like to read the memo into the record:

To replace the Number 15 1998 Chevy 3500 truck with a dump body is well past its prime and has a laundry list of issues such as the body is twisted and rotted, the frame has multiple cracks, a rot hole in the front on the right side and the frame has also been repaired multiple times. The cab floor is rotted; the transmission has been replaced three times and is currently having issues with reverse.

Mr. Tierney stated do you give it to a junk yard.

Mr. Phil Capalbo stated I worked for the Highway Department for the last 6 years. The equipment that is in question is an older piece of equipment that will no longer pass New York State Inspection. This piece of equipment and any other vehicle that is no longer feasible to repair will be sent to auction to see it can be auctioned or if it is worth scrap steel. A lot of times at auctions you will get farmers and the equipment may be good enough to keep on the farm to haul hay, but it’s not fit for the road. Someone else may have one and they need a piece for it so they buy it for parts. A lot of times it just goes for scrap metal.

Mr. Robert Odell stated there was an article in the Journal News this past week about the Attorney General coming to Putnam County for pension abuse. Do you know off hand if Patterson is being targeted.

Mr. Griffin stated about 3 or 4 years ago we had them here and they did an extensive audit of our pension contribution and persons involved. To the best of my knowledge they only had a couple

of minor complaints that have since been addressed. I haven’t received any notice of them coming again. Last year the Comptroller’s office did an audit on Highway and Purchasing, with the exception of the fuel that was the only thing they flagged. We weren’t buying fuel off the State Bid because the contractor refused to work with us on an emergency basis. They would only deliver during business hours.

Mr. Odell stated ok. Mr. O’Connor regarding the donation of property, the total assessed value right now is $43,000.00. Some of the property is under water on Addison Road. If you transferred ownership tomorrow you will be accepting $43,000.00 worth of property.

Mr. O’Connor stated yes.

Mr. Odell stated now you are giving the donor a $43,000.00 gift to charity.

Mr. O’Connor stated how much the tax deductible section of it would be is yet to be determined.

Mr. Odell stated that is up to the individual person.

Mr. O’Connor stated no it is not. I can’t give you a piece of property and I’m taking a $50,000.00 deduction for this.

Mr. Odell stated the property is assessed at $43,000.00.

Mr. O’Connor stated the value of it for tax purposes is yet to be determined.

Mr. Burns stated he would have to get an appraisal.

Mr. Odell stated you are tossing around a big tax break.

EXECUTIVE SESSION

There being no further business, Mr. Capasso made a motion to go into Executive Session at 9:10 p.m.

Seconded by Mr. Burns. All In Favor: Aye. Carried.

Mr. O’Connor made a motion to close Executive Session at 9:30 p.m.

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

Mr. Griffin called the meeting back to order at 9:30 p.m.

ADJOURNMENT

There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 9:30 p.m.

Seconded by Mr. Burns. All In Favor: Aye. Carried.

Respectfully submitted,

___________________________________

ANTOINETTE KOPECK, TOWN CLERK