PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
April 22, 2009
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
JOSEPH CAPASSO, COUNCILMAN
ERNEST KASSAY, 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 20 in attendance.
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2009:
General Fund $957,736.60, General Fund $80,107.87, Highway Fund Item 1 – General Repairs $5,721.11, Highway Fund Item 3 – Machinery $18,662.24, Highway Fund – Item 4 Miscellaneous $2,780.51, Highway Fund Item 4 – Snow $19,452.34, Highway Fund - Employee Benefits $16,498.19, Patterson Fire District $709,401.00, Waste Water Treatment Plant $2,778.96, Capital Fund $23,878.20, Putnam Lake Light District $1,611.00, Patterson Light District $1,603.00, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $29,230.23, Deerwood Drainage District $15.51, Patterson Park District $8,609.01, Alpine Water District $2,131.79, Fox Run Water District $2,256.84, Trust & Agency $4,476.78, Grand Total Abstract $957,736.60.
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.
JOSEPH CAPASSO
RELOCATION OF TOWN HALL TREE
Mr. Capasso stated I promised that I would transfer the Christmas tree in front of Town Hall because of all the controversary. I will transfer it in the spring. I staked out the front of Town Hall and if anyone has a problem with where I want to put it, please let me know before I do it. This will be done in the next few weeks at no cost to the taxpayer’s. I will take care of it myself.
Mr. Kassay stated that is a great idea.
Mr. O’Connor stated doing it yourself is the best part of it.
TRACTOR SUPPLY
Mr. Capasso stated Tractor Supply has finally broken ground and I think that is great. We will see more commercial development coming into the Town. I am for commercial development in the right places. They expect to be completed sometime in late August or September. It should create anywhere from fifteen to eighteen new jobs.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 2
MICHAEL GRIFFIN
RECREATION COMPRESSOR/A/C-GYM/BUILDING REPAIRS
Mr. Griffin stated there is a compressor at the Recreation Center that needs to be replaced. I was asked to table this pending review by the Town Board. Has everyone had a chance to look at this.
Mr. Capasso stated yes.
Mr. Griffin stated does anyone have any problems with this.
Mr. Capasso stated no.
Mr. Griffin made a motion to authorize Hudson Mechanical to replace the compressor at the Recreation Center, which is under warranty, and not to exceed $900.00 for labor.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Griffin asked Mr. Blanar to speak about the air conditioning in the gym.
Mr. Blanar, Recreation Director stated we desperately need the air conditioning in the summer in the gym, specifically for major events. I will have the head of maintenance, Paul Fava speak about this.
Mr. Paul Fava, Building Operations and Maintenance, stated I received the specifications from (inaudible) Engineering about two days ago. I reviewed all the information on the specs. What we tried to do is the most economical way of getting the air conditioning into the gym utilizing most of the existing equipment (inaudible). Due to lack of
microphone use, unable to transcribe.
Mr. Griffin stated is the Board comfortable with it going out to bid once Councilman Capasso, the Town Planner, the Town Attorney, the Building Department, Mr. Fava and myself have reviewed the specifications and are deemed sufficiently complete to put out to bid. If everyone is all right with that, hopefully in the next week to ten days we can get this wrapped up.
Town Board members stated yes that is acceptable.
Mr. Griffin stated there have been a number of repairs that need to be done to the building. We had some damage due to some roof and drainage issues. Mr. Fava has proposals and has put together a grant application to the State. Mr. Fava can you speak on this issue.
Mr. Fava stated there are major problems with the roof at the Recreation Center, mostly over the community room used by the Seniors. There is a possibility of a $25,000.00 grant available through Rubin Diaz’s office. Poor microphone usage, unable to transcribe.
Mr. Capasso stated $12,200.00.
Mr. Fava stated yes. There are some hazardous conditions down there. One side of the roof is falling down; the soffit is deteriorated because of rain damage. Hopefully we can get this work done quite quickly. I spoke with Rubin Diaz’s office and they said we have to have the work done ahead of time and show that we had the work done then reapply for the grants after the works is completed. That is where we are right now.
Mr. Capasso stated do we have the money in our budget for that.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 3
Mr. Griffin stated yes. There is money in the Building Maintenance Funds for that. I would like to get a manufacturers representative to come and explain why the materials failed. The reality remains that we do need to get these repairs done.
Mr. Griffin made a motion to approve the engineering services of LLC of Dover Plains to do the repairs based on the proposal dated March 18, 2009 for $6,200.00.
Seconded by Mr. O’Connor. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
COUNTY WIDE ASSESSMENT DISCUSSION
Mr. Griffin stated the County has been discussing the possibility of consolidating assessments taking over all the assessing for the entirety of Putnam County. There are a number of potential concerns with that. The Town of Patterson, Southeast, Putnam Valley, and the Town of Kent are at one hundred percent assessment. Carmel and Philipstown are nowhere near it. Those two Towns would have to be revalued. The question is at whose expense. That is still an unanswered question. I believe the Town of Kent and Philipstown are opposed to having the County take over assessments. What are the feelings of the Town Board.
Mr. O’Connor stated I would like more time to think about it. At this moment, I would be opposed. I wouldn’t even think about it until all the Towns are on equal footing. We are not going to start this until two or three Towns have much more expense in the overall budget. I don’t think it would save money.
Mr. Kassay stated I agree with you. We all have to be on board to make it worthwhile where it will make a difference.
Mrs. Nacerino stated how could it work otherwise.
Mr. Griffin stated I will communicate that to the County and we can go from there.
BUILDING DEPARTMENT REQUEST-PERSONNEL
Mr. Griffin stated would someone from the Building Department like to speak.
Mr. Dave Raines, Fire Inspector stated as many people may or may not know, Nick Lamberti came on as Director of Codes Enforcement on a part-time basis back in February. At that time, we didn’t have a lot of work. We were in the normal winter lulls and didn’t have new programs. In the last ninety days, we have started Rental Registration. We have taken an aggressive look at quality of life code issues and issued literally hundreds of violations, which we are following up on. We have Tractor Supply starting and several other projects kick off in Town. Nick and I have spent several days together in code class last week and we spoke about when the right time would be to have Nick come on full-time. After evaluating the workload and what we can get done effectively, we thought it would be the right time to approach the Board to look for Nick to come on board full-time effective June 1, 2009. We feel with him full-time and me being a part-time Fire Code Enforcement Officer we could then address the needs of the Town and the needs of the new programs, such as Rental Registration, which continues to enforce the quality of life issues.
Mr. Kassay stated when was Nick’s start date.
Mr. Raines stated February 4, 2009.
Mrs. Nacerino stated I could not be more supportive of that. That is fine with me.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 4
Mr. O’Connor stated I was anxious for him to start full-time. Rental Registration is a fairly big project.
Mr. Raines stated the intent was always there to have a full-time Director of Codes Enforcement. We did this as a cost effective measure and Mr. Lamberti bought into that. I think it was proven to make the move to full-time. I can’t keep up with the load at a part-time level.
Mr. Griffin stated this brings us to another issue. The County flagged payroll because of the hours that were needed for you to put in. I have supported full-time for this position right from day one. I hope the Board feels the same way.
Mr. Griffin made a motion that we bring Nick Lamberti in as full-time Director of Codes Enforcement starting June 1, 2009.
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.
Mr. Lamberti thanked the Town Board.
CENSUS COMPLETE COUNT COMMITTEE
Mr. Griffin stated Mr. Rich Williams, Town Planner and I met with the representatives from the U.S. Census Bureau. They are looking for the Town of Patterson as well as every other Town to establish a Complete Count Committee. You would work with the representatives of Census and the Town to work in different neighborhoods to identify those that need to be counted and how we can do the best job possible to get a complete and total census for the Town of Patterson. If anyone here tonight or is watching at home has any interest in finding out a little more information about this or the possibility of servicing on a Complete Count Committee, I would appreciate if you would contact my office. You can call 845-878-6500 or email to the Town website at supervisor@pattersonny.org.
RENTAL REGISTRATION FEE-DISCUSSION
Mr. Griffin stated Cheryl Smith is with us here tonight. It was nice of her to come to my office today and explain why we needed to do this. She has had a number of phone calls and one of the things that seems to be deficient in our current fee schedule is a fee for Rental Registration. The Codes Enforcement Officer was kind enough to do some extensive research with other Towns in the area and make some recommendations to the Board. I would like to read it at this time.
It has come to our attention that a fee has not been established in conjunction with the new Rental Registration Law and required application form. It is the recommendation that the Board set a fee between $75.00 and $90.00 per rental unit up to a maximum of four units and $50.00 per unit for each additional rental unit when approved. The rental registration is valid for a period of three years, hereby costing the landlord a maximum of between $25.00 and $30.00 per rental unit per year.
Mr. Griffin stated that was signed by Mr. Lamberti. Would the Board like to discuss this or take action. We do have an amendment of fee schedule that was done by the Town Planner. We need to decide on the dollar amount.
Mrs. Nacerino stated sounds fair and equitable.
Mr. Kassay stated I would be in favor of the minimum.
Mr. Griffin stated do you want to make it $75.00 per rental unit for each of the first four.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 5
Mr. Kassay stated that is the minimum and that is what I would use.
Mr. Griffin stated and $50.00 per unit for each additional rental thereafter for a minimum of three years.
Mr. Griffin introduced the following Resolution Amendment of Schedule of Fees:
R-0409-03
WHEREAS, the Town Board of the Town of Patterson has established a Schedule of Fees which sets forth the fees and costs which shall be tendered to the Town, or an instrumentality thereof, for the processing and administration of permits, appeals, applications, petitions and reviews as established by the Town Code of the Town of Patterson, and
WHEREAS, said Schedule of Fees may be amended from time to time by resolution of the Town Board of the Town of Patterson, and
WHEREAS, the Town Board of the Town of Patterson wishes to amend by resolution those fees and costs which shall be tendered to the Town for the processing and administration of permits, appeals, applications, petitions and reviews as established by the Town Code of the Town of Patterson and set forth in the ‘SCHEDULE OF FEES” in order to establish fees for Chapter 129, entitled “Rental Registration, 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.
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:
1. The establishment of fees as heretofore set forth will not cause a substantial adverse change in existing air quality, ground or surface water quality or quantity or noise levels.
2. There will be no substantial increase in potential for erosion, flooding, leaching or drainage problems.
3. There will be no substantial increase in traffic or the use of existing infrastructure.
4. There will be no removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
5. There will be no significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources:
6. There will be no significant impairment of existing community or neighborhood character.
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson pursuant
to 6 NYCRR Part 617.7 issues a NEGATIVE Determination of Significance, and
BE IT FURTHER RESOLVED, that the fee for the non-refundable application fee for an application made pursuant to Chapter 129, entitled “Rental Registration shall be established as follows:
$75.00 per rental unit for each of the first four rental units and $50.00 per unit for each additional rental unit thereafter.”
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 6
AND BE IT FURTHER RESOLVED, that other fees shown in the Schedule of Fees shall remain unchanged and in effect.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
ERNEST KASSAY
RESOLUTION TO APPOINT TOWN ENGINEER
Mr. Kassay introduced the following Resolution for Appointment of Town Engineer:
R-0409-04
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 June1, 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. Griffin stated any discussion.
Mr. O’Connor stated yesterday we had interviews with three of the responding companies that made proposals. They were all very good. I have never heard of Maser Consulting. Over the years, I have become familiar with the quality of work of Stantec, which used to be a smaller company and is now a big company. They have a lot of capability. I think that because of Stantec’s institutional knowledge of what goes on in the Town and how many things they have done, we are taking a shot in the dark with someone else. That is my opinion.
Mr. Bruce Major stated I believe you had interviews yesterday.
Mr. O’Connor stated yes.
Mr. Major stated I have a couple of questions. Mr. O’Connor as it relates to fee schedules, what model was used to determine which level of engineers would be used for what services, so you would be able to do a comparison to make a determination as to which firm was the cheapest firm. In other words, was there a sample project that they were given so that each firm could examine that project and provide billing for that.
Mr. O’Connor stated no there was not. We did it by simply asking them to have a salary schedule and fee schedule for the various titles within their agency as to what they would charge per hour from their Senior Engineer all the way down to Assistant Engineer’s and Surveyor’s.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 7
Mr. Major stated Mrs. Nacerino under construction observations, as it relates to Folchetti and Stantec, which company would be able to perform those services better.
Mrs. Nacerino stated that is a hard question for me to answer. I really am not comfortable answering that with great expertise. I really don’t know Folchetti’s work as well as I do Stantecs. It would be unfair for me to answer that. We had Stantec for a while, but I don’t know in depth Folchetti’s expertise.
Mr. Major stated Mr. Griffin as it relates to plan reviews, Maser versus Stantec, which one would provide better services.
Mr. Griffin stated I really couldn’t say. Based on documentation provided, the individuals that came to the interview yesterday gave us business cards. Their titles didn’t match up with anything in the fee schedule. None of the individuals identified in their proposal matched up with the fee schedule. We didn’t get any significant break down as to who would be doing what. We did have two individuals that said that they would be billing at a dollar amount of $135.00 per hour. One said he would be the overseer of the whole process for all engineering. The other one, Andrew Featherston said that his responsibility would be the Planning Board. Neither one of them had any extensive experience or background in municipal engineering. It would be impossible for me to answer that question based on what I know about Maser.
Mr. Major stated the reason why I asked those questions is I would like to bring you all back to December 10, 2008. That was the first meeting in which it was raised that we should be changing our engineer. If you remember, at that particular meeting, Mr. Capasso indicated that he has already gone out and got one bid in hand and he would have one on Monday. At that meeting, it was determined that there would be an RFP, a request for proposal. It’s very important to listen when I use the term RFP and bid document. On December 29, 2008, Mr. Rich Williams, Town Planner, provided a draft bid document to Mrs. Nacerino. On the December 30, 2008 Town Board meeting, Mrs. Nacerino made a motion to advertise the RFP to be opened on January 20, 2009. Mr. Capasso and Mr. Kassay both asked if the attorney had reviewed that document. It was evident that the attorney hadn’t reviewed that document. Mr. Kassay suggested to Mrs. Nacerino that a one-week delay until January 27, 2009 should take place and that motion carried. It should be noted, at the direction of the Town Board, Mr. Williams was to provide to Town Counsel a copy of the RFP. That was done on December 31, 2008. On January 5, 2009, the Town Board Organizational meeting, Mr. Kassay made a motion to advertise an RFP for opening on January 27, 2009. The Town Clerk, on January 7, 2009 faxed a bid document to the newspaper. On February 24, 2009, the Town Attorney sent a letter to the Town Board indicating that he conducted a review both of the bid document and the four proposals. I asked the Town Attorney when that review was done and he said on February 17, 2009. That means, although this Board had requested that this document be reviewed by Counsel before it went out for bid, it was never done. Mr. Kassay stated at the meeting on the 25th that it wasn’t an RFP, it was a sealed bid document. The Attorney who was covering for Mr. Tim Curtiss stated, no matter what you call it, a request for professional services is necessary for an engineer. Mr. Kassay asked Counsel if he had read Mr. Curtiss’ document and he replied he had. The Attorney’s document dated the 24th cites the bid document, but noted court cases that should support the document to stand as an RFP, which was required by the New York State Comptrollers protocol. A resolution to appoint Maser Engineering was raised and seconded and a discussion followed, which indicated references were done, but no interviews had taken place. Clearly there was a rush to approve Maser, as three councilpersons in favor of the resolution knew that they would not be available for at least the next three weeks. However, the vote was three to two to table the motion. We are now eight weeks later. If you heard the questions I read in the beginning, it comes right from the bid document. Selection procedures “the following items will be considered when evaluating the consultant.” As you can see, those questions weren’t answered. I would like to go back to December 10th when Mr. Capasso indicated that he had gotten one proposal and one on the way. On March 9, 2009 and April 3, 2009, I have
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 8
foiled that document on two occasions. Unfortunately, they were never delivered. I stopped in as late as today and I still haven’t seen them. On the 25th, Mrs. Nacerino made a statement right before that vote that put this off for the eight weeks. She stated, “I don’t know what will change from two weeks from tonight, but Mr. Capasso is receptive to bring these people in and have them stand before the Board, I see no harm in doing that.” Clearly the fact is, Mr. Capasso had engineering firms in advance of this process, based on the fact that he hasn’t brought those proposals forward. My concern is that Mrs. Nacerino’s statement is an indication that Mr. Capasso had selected in advance the engineering services for this Town.
Mrs. Nacerino stated at this point in time, I would like to interject. That is merely a misinterpretation on your part. My statement does not elude that I thought that he had any potential people and I think Mr. Capasso said that he might have some people, but that never materialized.
Mr. Major stated excuse me, I understand what you are saying but the record states that he had a proposal in hand and that he would get another one.
Mrs. Nacerino stated but it never materialized and that is why when you went to foil it there was nothing.
Mr. Capasso stated right, there is no document. What I said was I looked into other engineering firms to see what they do with other municipalities. I never had a proposal. I had verbal statements from phone calls. That is it. I don’t know where you are getting this information. I have no proposals. That is why there isn’t anything to foil. There is nothing in writing.
Mr. Major stated page four of the December 10, 2009 Town Board minutes states, Mr. Capasso stated, I have contacted a couple of engineering firms and they are putting proposals together. I have one that came in today and I will have one over the weekend.
Mr. Capasso stated something is wrong, because that is not true. I don’t have any proposals. I did contact four different engineering firms.
Mr. Major stated so I can assume you misspoke or the transcriber……
Mr. Capasso stated yes. I don’t have any proposals. I did call engineering firms. Folchetti, Keller, Maser and a couple of my friends that are in the engineering business. I asked them questions on how the process is done. That is what I stated that night. HowHoHowddd could I ask for a proposal.
Mr. Major stated that is what is on the record.
Mr. Capasso stated it might be on the record, but there is none.
Mr. Major stated if you heard my review of the time line and all the discrepancies, the misinterpretations, the failure of this Board to do what they said they were going to do and provide it to the Attorney before it went out. That is an indication before you vote on this process with the knowledge that you didn’t even follow, as to how you were supposed to grade these engineering firms. Go into Executive Session, discuss it with your Attorney, and think before you go forward with your vote.
Mr. Kassay stated can I ask you a question. Did you mention the January 3, 2009 meeting.
Mr. Major stated January 5, 2009, Organizational Meeting.
Mr. Kassay stated at the Organizational Meeting I made a motion to table the appointment of a Town Engineer. There was never anything else done about that.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 9
Mr. Major stated Mr. Kassay made a motion to authorize the Supervisor to advertise the RFP for Town Engineering to be open on January 27, 2009 at 2:00 p.m. seconded by Mrs. Nacerino and all voted yes.
Mrs. Nacerino stated at the January 5, 2009 meeting.
Mr. Kassay stated I don’t recall that because that is an Organizational Meeting. Honestly, I believe what you are reading to me, but something is not correct.
Mr. Capasso stated something is not right because what you said I did is wrong.
Mr. Kassay stated we would have never done that at an Organizational Meeting. I tabled that motion. I can get my copy of the approved minutes and I will be more than happy to provide the Organizational Meeting minutes at the next meeting.
Mr. Major stated this comes right off the website.
Mr. Kassay stated it says draft on that.
Mr. Major stated this is my draft copy.
Mr. Kassay stated I would have to respectfully dispute that particular statement to do with me authorizing during the Organizational Meeting to ask the Board to authorize the RFP during my presentation of the first twenty items of that agenda. Absolutely not, I would be astounded to see that in the approved minutes that I have. If you will bear with me, I will come by your house and show it to you.
Mr. Major stated that is not necessary. I believe the Secretary for the Supervisor is here and she could go downstairs, bring it up on the computer, and print it out.
Mr. Kassay stated I would like to see the copy that was provided to me and the rest of the Board members through the Town Clerk’s office.
Mr. Major stated the only copy I have is what comes off the Town website.
Mr. Kassay stated I am disputing that respectfully.
Mrs. Nacerino stated I would like to make a statement regarding the engineer. Our objective is very simple. I believe it is the responsibility of this Board to seek the most cost effective engineering firm and also the most qualified to meet our ever-changing needs. We have had a good run with the engineering firm that we have had for twenty-three years. Now I believe it is an appropriate time to usher in a change. This will provide us with the barometer to gauge the effectiveness of the firms that we contract with, while gaining a new perspective on the engineering services provided to our Town. I believe that Maser Engineering is the right fit for our Town. We are moving forward in a new direction and saving taxpayers dollars.
Mr. Griffin stated I am not going to argue too much with that, but I don’t know how we are going to know how much we are going to be saving, because it is impossible to tell that from what they provided.
Mrs. Nacerino stated we have six months for the test to be done. For twenty-three years with one firm gives us no opportunity to gauge anything.
Mr. Griffin stated what I will say before I call for the vote is that none of the issues that have been raised relative to Stantec has anything to do with their ability or the quality of work they turn out as engineers. This has all been based on dollar issues, billing issues, etc. As Mr. O’Connor stated before, there are some policy changes that need to be made
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 10
as to exactly how items get on the agenda. What is being done to Stantec is analogous to shooting the horse simply because you don’t like the cart that it is pulling. The bottom
line is, Stantec has been a professional engineer and in my opinion has done a very good job for the Town.
Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; no, Mr. Griffin; no. Roll Call Vote: Carried.
TIME OFF REQUEST
Mr. Kassay made a motion to approve three time-off requests.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
CONFERENCE REQUESTS
Mr. Kassay made a motion to approve the conference request from the Town Assessor for a total of $104.76 to attend a recertification class for credits.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Kassay made a motion to approve the conference request from the Town Comptroller to attend the New York State GFOA Seminar regarding Fringe Benefits, Taxation Federal Stimulus Act and Municipal Bonds for May 13, 2009 for an amount not to exceed $90.00.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
2010 CENSUS INFORMATION
Mr. Kassay stated I would like to read this into the record.
Dear Partner:
Between April and July of 2009, U.S. Census employees will be visiting every housing unit in every neighborhood in you community. In order to conduct the 2010 the Census Bureau must know the address and physical location of each place where people live or stay. Our census employees will be wearing official identification and carry hand held computers to capture physical address and their GPS coordinates. We are reaching out to police departments, local governments and civic organizations to inform the community about this important activity thereby reducing public concern. Enclosed is an awareness poster for you to post in a public area. We appreciate you cooperation and support in educating your community. The U.S. Census Bureau Partnership Specialist working in your area will contact you in the near future to answer any questions you may have.
Mr. Kassay stated this is to let everyone in the community know that this will be taking place between April and July 2009. The two criteria that must be met are the I.D. and the hand held computer. If they don’t have that, don’t open up the door and don’t say anything to anyone.
Mr. Griffin stated these are not photo I.D.’s, unfortunately.
EXECUTIVE SESSION PERSONNEL/LEGAL
Mr. Kassay stated I will defer my Executive Session Personnel/Legal until the end of the meeting.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 11
GINNY NACERINO
RECREATION REQUESTS
Mrs. Nacerino stated I have two requests from Ray Blanar, Recreation Director. One is for the request to create the 2009 Men’s Softball Budget.
The 2009 Patterson Recreation Men’s Softball season is almost underway. The season will be extensive, consisting of 162 games. Although this is one of our most popular programs, it has never been budgeted in the past. I would like to suggest that a budget be created, so that we may continue to track revenue and expenses while remaining fiscally responsible.
Mrs. Nacerino made a motion to create a budget line for men’s softball. The potential income is $35,400.00 and the projected expenses are $25,200.00.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mrs. Nacerino stated read the second request from Mr. Blanar:
This memo serves as a request to purchase softballs and scorebooks for the 2009 Men’s Summer League. ARC Sports quoted us a price of $1,260.00 for 36 dozen balls and $36.00 for 12 scorebooks. This quote is $10.00 per dozen less than that of Anaconda Sports.
I suggest we purchase the balls and the scorebooks from ARC Sports for a combined total of $1,296.00.
Mrs. Nacerino made a motion to accept that we use ARC Sports for a total of $1,296.00.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Kevin Burns, Patterson, stated I know the Town’s field at Patterson Town Park has fallen in disrepair. Is there any possibility that some of the profits or excess money you take in be used to fix up that park as an alternative site.
Mr. Griffin stated no.
Mrs. Nacerino stated for the Patterson Park, no. That is a separate park district.
Mr. Ray Blanar stated the excess money coming in is covering the cost of lights. It has been a deficit for the last four or five years that the field has been running. I would also like to take most of the excess income and put it back into the field to have it resurfaced, leveled out.
Ms. Jeanine Haughney, Patterson, stated the more we use that field on Cornwall Hill can we make it a little bit better than it is today by somehow putting a screen to hide the dump.
Mr. Capasso stated Mr. Blanar is there a women’s softball team or league.
Mr. Blanar stated there is not right now. I will look into to it. There was a co-ed league, which was pretty popular. A women only league in this area is pretty tough. I would be open to it.
Mr. Capasso stated I donated the machine for the maintenance of the field. That was my machine and I offered the york rake also. Any time you need any equipment, I will donate it.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 12
Mr. Blanar stated great.
EDMOND O’CONNOR
LAWN MAINTENANCE BIDS
Mr. O’Connor introduced the following Resolution for Acceptance of Proposal for Lawn Maintenance:
R-0409-05
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for lawn maintenance to be performed on behalf of the Town of Patterson.
WHEREAS, COLONIALTOWN LANDSCAPING has submitted a proposal to perform all lawn maintenance on behalf of the Town of Patterson for a period of three years from May 11, 2009 through November 30, 2011 for the lump sum of $58,750.00.
WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal submitted by COLONIALTOWN LANDSCAPING;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of COLONIALTOWN LANDSCAPING to perform all lawn maintenance on behalf of the Town of Patterson for a period of three years from May 11, 2009 through November 30, 2011 for the lump sum of $58,750.00; 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 Mr. Kassay.
Mr. Griffin stated discussion.
Mr. Charlie Cook, Patterson, does this lawn maintenance contract cover watering the front lawn.
Mr. Griffin stated no.
Mr. O’Connor stated it never did.
Mr. Cook stated should it.
Mr. Griffin stated since we are all trying to go green, I don’t know if it would be appropriate any more.
Mr. Cook stated how about the company you are selecting comes in with a water truck.
Mr. Griffin stated it isn’t part of the bid spec. There has been some conversation amongst the Board about the possibility of talking to the Highway Superintendent who does have a water truck and/or the fire department who has several water trucks.
Mr. O’Connor stated that would have to be a separate item. It could be fairly expensive for someone who is not prepared to do it and get a water truck to do it.
Mr. Griffin stated the bid was put out as a one-year and a three-year bid. The numbers were very close on the three-year bid. Does the Board want to consider going with the three-year bid.
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Mr. Kassay stated yes. I would like to see a three year bid because of the economic times and we would need an addendum on the resolution.
Mr. Griffin stated we could withdraw that resolution and amend it. Do you want Counsel to work on this when we are in Executive Session. Does the majority of the Board want to do a three-year contract.
Town Board members stated yes.
Mr. Joseph Harrison, Pine Hill Lawns, Patterson, stated I see you are about to award the bid again to Colonialtown. I would like to point a few things out. This bid has been the same work since 2007. Am I correct.
Mr. Griffin stated I believe there were some additions to the scope of work after 2007.
Mr. Harrison stated so the additions to the scope of work were made after 2007. In 2007, I submitted a bid for this contract and I didn’t have a Patterson Home Improvement License, so I withdrew my bid. In 2007, Colonialtown was awarded this bid for $24,275.00. The next year after they added some additional work, again Colonialtown was awarded this bid for $23,275.00, even though I came in at several thousand dollars less for that annual bid. I was at $20,000.00 and some change. I was over $2,000.00 less than Colonial. Again, this year, I am a viable competitor in the bidding process. For the same work in 2008 that was awarded for $23,275.00, my competitor now comes in at $20,245.00. How is it that my competitor, when he realizes he has viable competition, he comes in $3,000.00 lower for the same work and again I came in lower than him, and still I am not awarded the work. What is going on here.
Mr. Curtiss stated the Board asked me to take a look at the bids. The bid spec had an insurance request for $2,000,000.00. When I looked at your bid, you only had a certificate for $1,000,000.00.
Mr. Harrison stated I have it highlighted. I was so specific. I spent hours on this because I knew the Board was very meticulous. The insurance was highlighted and I consulted with my agent. We sat down and compared the bid specs versus my insurance. We highlighted everything that matched your specifications. I have $2,000,000.00 of coverage.
Mr. Curtiss stated but your certificate only shows $1,000,000.00.
Mr. Kassay stated and the Town is not named as an additional insurer, which was part of the bid package.
Mr. Harrison stated the aggregated request was for $2,000,000.00. The general aggregate says $2,000,000.00.
Mr. Curtiss stated what they talked about in the bid specs is that you have the comprehensive liability for $2,000,000.00.
Mr. Harrison stated it doesn’t say that. It says comprehensive liability for $1,000,000.00 but an aggregate of $2,000,000.00.
Mr. Curtiss stated the bid spec has $2,000,000.00.
Mr. Kevin Burns, Patterson stated I am a lawyer and I work with an insurance company for twelve years. Aggregative coverage is the total amount of coverage. Therefore, if I had $1.3 million policy, $300,000.00 is the aggregated coverage. He has indicated he has $2,000,000.00 in coverage.
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Mr. Curtiss stated I don’t think so Kevin, but I will look at it again. It looks like it is only $1,000,000.00.
Mr. Harrison stated I especially met with my insurance agent to make sure we met the Town’s requirements. OK, so that is that issue. What about the issue that for the same exact work from last year, my competitor bid and was awarded this contract for $23,000.00. For the same exact work for this year, my competitor bids $20,000.00 and gets it again, even though I’m still almost $1,000.00 less.
Mr. Curtiss stated you didn’t fill out the general requirements. There is nothing on this sheet. I’m not sure about the insurance, but I look at it that you have $1,000,000.00 in insurance. I’m sorry. Did your insurance agent look at the bid requirements because you have to circle what kind of coverage you have. You didn’t fill out any of that. I don’t mean to be argumentative with you.
Mr. Harrison stated he didn’t look at the entire bid document. He just looked at the insurance requirements. Alright, but that still doesn’t answer my question, how is it that my competitor is $3,000.00 less than last year for the same exact work.
Mr. O’Connor stated I’m not sure if he has different equipment, different payroll, different salaries, or whatever, but we don’t hold it against someone who bids less to do the work that they did previously.
Mr. Harrison stated I contend that his bid is $3,000.00 lower because he knew he had a viable competitor. So how is it that this Town has been paying $3,000.00 and $4,000.00 more for a bid for the last three years.
Mr. O’Connor stated not knowing the facts, but based on the whole concept of competition, is that he might very well have said I have to do whatever I have to do to lower my bid.
Mr. Harrison stated I request that you reconsider because this is not fair.
Mr. O’Connor stated I know your bid was approximately two percent lower than his was but we went by the legalities that your bid was incomplete and had deficiencies and that is where we stand.
Mr. Harrison stated all the requirements were met for that bid. I worked hard to make sure that they were met. The fact that I didn’t circle some boxes doesn’t say that there is a deficiency. The insurance is there, the proof of it is there, the Town of Patterson was named as an additional insured. All of the steps were taken. Last year you said that you went with Colonialtown because of experience because they do all the work for the Town.
Mrs. Nacerino actually mentioned that you have to be diversified, that you can’t have the same company for twenty years. By seeing what is out there, all of a sudden we have lower bids. If I decide next year that this absurd, I’m not going to bid this anymore. My competitor, since he has no competitors he is going to raise his price $3,000.00. Year after year, it is the same company. It’s not only for the Town of Patterson, it’s for the Highway Department and some other work that the Town pays for. There is no diversification or opportunity for anyone to be competitive and to work.
Mr. Kassay stated when we require an RFP and we have the Town Attorney’s office to prepare the document, as you stated before, it is supposed to be adhered to one hundred percent. If the document is not filled out right, the Town Board has the right to refuse that bid. It asked for excess umbrella liability and I don’t see that you have anything in there. Can you look at this and explain where it is. I also should have stated in the narrative naming the Town as the additional insured. Colonialtown’s bid has it right here. These are the things we look at. The Town has the authority to take the lowest
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responsible bidder. We look at how many commercial accounts the bidders provide. Your commercial account record doesn’t compare to the other bidder.
Mr. Harrison stated since my commercial experience is not comparable with that of Colonialtown, this is one of the reasons I come in lower.
Mr. Kassay stated lower is not necessarily the key if it is not going to be the one who can provide the right services.
Mr. Harrison stated this is the third year in a row. What drives me crazy when I drive by here and I see workers that aren’t even legal, I don’t know if they even live here. All of my workers are local Patterson and Pawling residents. I have a couple of college kids, a couple of older men. All of these bids, the snow removal, the landscaping, all go to Colonialtown. Come on.
Mr. Kassay stated they are the lowest responsible bidder.
Mr. Harrison stated someone else should have a chance.
Mr. Kassay stated I’m not disagreeing with you. All I am asking is for someone to make the bid packet out one hundred percent. That is what can make the difference between who gets the job and who doesn’t.
Mr. Harrison stated I would argue that if I brought in my own attorney and he compared the bid packages, he would say that I met the specifications of the Town of Patterson.
Mr. Kassay stated I respectfully disagree with you.
Mr. Harrison stated it seems like every year it is a different thing.
Mr. Kassay stated I am sorry for your feelings on that.
Mrs. Nacerino stated are the deficiencies that have been cited considerable and substantial enough to have this bid not feasible.
Mr. Curtiss stated he didn’t fill out the whole general requirement.
Mrs. Nacerino stated but is that a fatal flaw.
Mr. Curtiss stated it would generally be considered a fatal flaw.
Mrs. Nacerino stated ok, that is what I needed to know.
Mr. Harrison stated one last thing I would like to add, in bidding for State contracts seventy percent of the decision process is based on price. Usually twenty percent is based on responsible bidder, another ten percent is based on minority, and women owned business.
Mr. Kassay stated we don’t just base it on just the seventy percent, we base it on the whole package. I apologize; I don’t want to have anything done that is illegal or unfair because this Board doesn’t stand for that. I’m speaking for myself and I’m sure the rest of the Board can say the same thing.
Mr. Harrison stated I was hoping you would make a decision based on a number of factors considering price. I understand that in the first year I pulled my bid. The second year you rejected me for experience. Here I am in the third year and you are still rejecting me.
Mr. Kassay stated only because the document was incomplete.
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Mr. Harrison stated that could be argued. Really, I didn’t circle some circles. It doesn’t say anywhere in the document to circle the circles. It says provide proof.
Mr. Kassay stated you are supposed to dot every I and cross every T.
Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
TRAFFIC SAFETY BOARD-DISCUSSION
Mr. O’Connor stated John Boder, Patterson Fire/Police Department, is very active in our Town. He has performed many years of excellent service and is a member of the Traffic Safety Board for Putnam County. He is retiring from that position and Patterson will need a representative. We are seeking people who would like to be considered. I think it would be appropriate to have some experience involving road safety, fire service or police service. Anyone who would like to be considered for that position, please contact the Supervisor’s Office, either through the website or by mail.
Mrs. Nacerino stated he has done a remarkable job over the years.
Mr. Griffin stated John will be remaining on as exofficio, but he will no longer be a voting member of the Board. The Board meets five times a year at the County.
HIGHWAY SUPERINTENDENT’S REQUEST
Mr. O’Connor stated we have a memo informing the Town that the catch basins involved with collecting sediment have been vacuumed out in the Putnam Lake area. They were concrete tanks. Then he will have to go back and do work on the open basins, which is a more difficult thing to do. He is about to begin work on certain basins in the Hamlet starting today. He would appreciate the help of Mr. Williams, Town Planner in picking out sections of the basins that have to be done correctly.
TOWN WIDE CLEAN UP
Mr. O’Connor stated we are having a Town wide clean up with various groups who will be helping out. If everyone could clean up around his or her house, the place would look pristine. We will be giving out trash bags at Town Hall this Friday, April 24, 2009 from 9:00 a.m. to 4:00 p.m. and the following Friday, May 1, 2009 from 9:00 a.m. to 4:00 p.m.
We will also be giving them out on Saturday, April 25 and Saturday, May 2, 2009 in front of the Post Office in the Hamlet and in front of the Market in Putnam Lake.
OTHER BUSINESS
Mrs. Nacerino stated I would like to give recognition to Charlie Williams, Highway Superintendent and his crew for doing a beautiful job on the sidewalks on South Street. I think those of you who have not had the opportunity to drive by, it is a major improvement. I know the faculty and staff at Mathew Paterson School are thrilled. It gives the opportunity for more walkers to walk to the school. Charlie did a great job.
Mrs. Nacerino stated secondly, as I have stated in previous meetings that I think it is important for us to realize that each and every one of us has a responsibility to protect our environment and there are simple ways for us to do that. Tonight I would like to read a quote and wish everyone a happy earth day.
Business leader Paul Hock’s golden rule of eco economy is; leave the world better than you found it, take no more than you need, try not to harm life or the environment, and make amends if you do.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 17
Mr. Capasso stated I would like to thank Paul Fava for running the concession stand on Saturday night for the Kick Boxing Event. I believe he brought in about $1,000.00 for the Recreation Center. Thank you Paul and Ray for making sure the Recreation Center stays profitable.
PUBLIC RECOGNITION
Ms. Pat Ploeger stated I would like to echo Mrs. Nacerino’s greeting to the Town and the rest of the world and earth. Our Town has a very unique part in this world. Not just because it is our Town, but because we are the guardians of the Great Swamp and hence the headwaters of the Croton Watershed. New York City water owes a great deal to us. More than that, we owe a great deal to our world. I would like to suggest that our Town takes this year to gain and promote awareness of the green movement. It seems to be lagging here. In today’s paper, there was an insert on green. The Town of Ramapo was featured for having a brand new state-of-the-art geo-termimal powered Public Works Building. I’d like to hear words like geo-terminal or photovoltaic when we talk about construction in this Town. What is the problem with the front lawn. If we planted native plans that are drought resistance out there, we wouldn’t have to water anything. Nature would take care of it for us. Residents and Town Board please use this year to think about how to make this world better.
Mrs. Nacerino stated thank you, I support that endeavor wholeheartedly.
Ms. Andrianne Kavalle stated May 15, 16, and 17 the Patterson Library will be hosted by the Putnam Lake VFW to have a book sale. We are looking forward to having everyone in Patterson to come to Putnam Lake and see where we are. We are having a three-day book sale. One dollar per book and fifty-cents for a soft cover. I want to thank Rich Williams who directed us to a very good sign maker and we will have signs put out.
Ms. Eileen Cuneo stated I wanted to thank Mrs. Nacerino for taking the lead on our sidewalks. They are beautiful and we really appreciate it. I would like to thank the Highway Department. They got a lot of heat from people who were sitting in traffic for a long time and it was undeserved. They were so polite and courteous to me. I think they did a great job and I was upset people were yelling at them. Thanks to them for doing such a great job and sticking with it.
Mr. Ray Blanar stated we ran a very successful Spring Break camp a couple of weeks ago for the first time at the Recreation Center. Numbers varied from 25 to 50 kids each day. I wanted to thank the staff that worked that week. Justin Lanley, Joe Verdi, Catherine Haughney, Ben Torres, Ferni Torres, Emily Seirup, Christina Rizzo, Mya Torres, Veronica Roach and Chris Conover. I heard nothing but good things from the parents and how tired the kids were when they got home. That is certainly a good thing and that will lead to a very successful summer.
EXECUTIVE SESSION
There being no further business, Mr. O’Connor made a motion to go into Executive Session at 9:00 p.m.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. O’Connor made a motion to close Executive Session at 9:24 p.m.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at 9:24 p.m.
Mr. Kassay made a motion to authorize two sick days to be returned to Patricia Brooks, Comptroller, for maternity leave.
PATTERSON TOWN BOARD APRIL 22, 2009 PAGE 18
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
ADJOURNMENT
There being no further business, Mr. Griffin made a motion to adjourn the meeting at 9:25 p.m.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK