PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

MAY 14, 2008

MINUTES

PRESENT: MICHAEL GRIFFIN, SUPERVISOR

JOSEPH CAPASSO, COUNCILMAN

ERNEST KASSAY, COUNCILMAN

GINNY NACERINO, DEPUTY SUPERVISOR

EDMOND O’CONNOR, COUNCILMAN

ANTOINETTE KOPECK, TOWN CLERK

TIM 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 14 in attendance.

REPORTS

Mr. Griffin made a motion to approve the reports as read:

Code Compliance Officer – April 7, 2008, May 9, 2008

Code Enforcement Officer – April

Dog Control Office – April

E.C.I. – April

Putnam Lake Fire Department – None

Patterson Fire Department – None

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

MINUTES

Mr. Kassay made a motion to approve the following minutes as read:

Town Board Meeting-Minutes – Amended – Page 5 – March 26, 2008

Town Board Meeting-Minutes – April 9, 2008

Town Board Meeting-Minutes – April 22, 2008

Town Board Meeting-Minutes – April 23, 2008

Public Hearing – Blasting and Explosives – April 9, 2008 (to be continued)

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

AUDIT OF BILLS

Mrs. Nacerino made a motion to approve the following bills chargeable to 2008:

General Fund $89,268.11, Highway Fund Item 1 – General Repairs $22,132.99, Highway Fund Item 3 – Machinery $6,889.33, Highway Fund-Item 4-Miscellaneous $2,794.29, Highway Fund – Employee Benefits $1,893.65, Putnam Lake Fire District $502.40, Patterson Fire District $348.20, Waste Water Treatment Plant $11,870.55, Capital Fund $76,659.93, Putnam Lake Light District $1,246.00, Patterson Light District $1,198.00, Patterson Refuse District #2 $25,425.17, Patterson Park District $2,361.66, Alpine Water District $530.00, Dorset Hollow Water District $1,490.40, Fox Run Water District $461.73, Grand Total Abstract $245,072.41.

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.

PATTERSON TOWN BOARD MAY 14, 2008 PAGE 2

TOWN BOARD MEETING

JOSEPH CAPASSO

NO AGENDA

EDMOND O’CONNOR

RECREATION CENTER REQUEST – FULL TIME RECREATION DIRECTOR

Mr. O’Connor stated he would like to table the request for a Full Time Recreation Director at this time.

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

PATTERSON LIONS CLUB REQUEST

Mr. O’Connor stated the Patterson 22 Lions Club has reserved a room and the kitchen at the Recreation Center for Sunday, June 15, 2008 between 7:00 a.m. and 1:00 p.m. to hold a pancake breakfast. All proceeds received from this fundraiser will go to support community programs, such as the senior citizens, little league, etc. They would like us to waive all fees associated with using the Recreation Center since they are a non-profit organization. It will allow the Lions Club to donate more money to these worthy programs.

Mr. O’Connor made a motion to waive all fees charged by the Recreation Center for the Patterson 22 Lions Club to have their pancake breakfast on June 15, 2008.

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

SPRING CLEAN UP RECAP

Mr. O’Connor stated the spring clean up went well. We gave out a lot of bags but we had a little problem with advertising for the event. Somehow, it never made it into the paper. I will have to concentrate better next time on the publicity. We had the Boy Scouts, the Veterans, three or four churches, PLCC and individuals. At first, we were giving out bags at the firehouse and the library but the market was much better. Next year it will be the Post Office and the market. There is much more traffic. I would like to see this become an ongoing program. Patterson looks great. We are lucky in Patterson with the men we have working at the Recycling Center and we should be proud of them. They did a great job.

DELLABADIA-REQUEST

Mr. O’Connor stated Mr. DellaBadia was unable to attend tonight’s meeting.

Mr. David Raines, Code Enforcement Officer, stated just for the record Mr. DellaBadia was due in court two weeks ago. He showed up at Town Court and his case for his multiple Town Zoning Court violations was moved for trial. Following that he sent a letter to the Town Board requesting to be heard. As a matter of practice, we couldn’t have discussed it anyway since he was going to trial. Unless he wanted to talk about something else. I know he was unhappy about the fact that his case was turned over to trial.

Mr. O’Connor stated I think he was unhappy with the number of complaints.

Mr. Raines stated this isn’t the venue for him to complain.

Mr. O’Connor stated that is what he wants to talk about. He feels some of the complaints are unreasonable. I drove by his house today and it didn’t look unreasonable to me.

PATTERSON TOWN BOARD MAY 14, 2008 PAGE 3

TOWN BOARD MEETING

MEDINA REQUEST

Mr. O’Connor stated Ms. Julisa Medina would like to address the Town Board for reasons not stated. She is not in attendance so we will move on.

MS4 ANNUAL REPORT SET PUBLIC HEARING

Mr. O’Connor made a motion to set a Public Hearing on the MS4 Annual Report for May 28, 2008 at 7:30 p.m. at the Patterson Town Hall and to authorize Antoinette Kopeck, Town Clerk to advertise the Public Hearing.

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

ADVERTISE BIDS SLUDGE REMOVAL

Mr. O’Connor made a motion to authorize Antoinette Kopeck, Town Clerk to advertise the bids for the Sludge Removal to open on May 27, 2008 at 10:00 a.m.

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

CONSERVATION ADVISORY COMMITTEE – TOWN OF KENT REQUEST

Mr. O’Connor stated the Town of Kent has passed a resolution regarding Expanded Container Deposit Law. They would like us to take a look at it and seriously consider passing a resolution to endorse the Expanded Container Deposit Law. I have a copy of their resolution and I would ask the Town Board to review it and let me know what you think of this. With the Board’s permission, I will bring this up again at the next Town Board meeting and we can vote then.

Town Board member’s agreed.

ERNEST KASSAY

PUTNAM COUNTY HOUSEHOLD HAZARD WASTE DAY

Mr. Kassay stated I noticed that there are fliers for the Putnam County Household Hazard Waste Day by the reception desk. It is to be held May 17, 2008 at 9:00 a.m. to 1:00 p.m. Pre-registration is required. If you are interested, please pick up a flier.

Mr. Griffin stated we received notice from Rob Morris today from the Putnam County Health Department that the County has contracted with a company that will collect electronic equipment, computers, cell phones and they will provide us with a dumpster at the Recycling Center that will be for Town residents only. You will still need a recycling permit to enter into the facility. The County will haul it out from the Patterson Recycling Center at their expense. Frank Farrell, Recycling Center, will be meeting with Mr. Morris tomorrow to discuss this.

Mr. O’Connor stated we also received our two recycling bins back at Town Hall and the Recreation Center.

DUFFLE BAG INC. LETTER – APRIL 29, 2008

Mr. Kassay stated I received a letter from the Duffle Bag, Inc. He is located right here on Route 311 and he would like to have his letter read and entered into the minutes of the Town Board.

Town Board

Town of Patterson, NY

PATTERSON TOWN BOARD MAY 14, 2008 PAGE 4

TOWN BOARD MEETING

Dear Ladies and Gentlemen:

April 26 was the date of the latest Militaria Show at the Patterson Recreation Center. As the producer of this show, I would like to commend some of your Town personnel.

At the Recreation Center, Melissa and Susan were, as always, very helpful in planning the event. Pat and Laura worked the event and were outstanding and helpful in everything they did. I and my staff wanted for nothing. They were pleasant and efficient and were a big part of making the day run smoothly. Paul Fava does a superlative job in maintaining the building and grounds. He was most helpful with the suggestions he made in reference to signage, table placement, etc.

At the Town Hall, Mrs. Brown, whom I first met at the Recreation Center, has always been my “go to” person when it comes to Town business.

In a time when most people are vocal only when they have a complaint, I want you to hear compliments on the great staff we have here in our Town. Thank you!

Brian Benedict

President

The Duffle Bag, Inc.

RESOLUTION SPEED LIMIT ANALYSIS

Mr. Kassay stated with the Town Boards approval Rich Williams, Town Planner and I received three bids for speed limit analysis regarding the speed limits on Haviland Hollow Road, County Road 68 and Harmony Road, County Road 63 both in the Town of Patterson.

Mr. Kassay introduced the following Resolution to Accept the Proposal of William D. Fitzpatrick, P.C., P.T.O.E.

R-0508-01

WHEREAS, the Town Board of the Town of Patterson recently requested proposals for a qualified engineering consultant to conduct a design speed engineering analysis to assess the speed limit on Harmony Road (CR63) and Haviland Hollow Road (CR68), and

WHEREAS, the Town of Patterson re received three proposals, and

WHEREAS, the lowest proposal was provided by William D. Fitzpatrick, P.E., P.T.O.E. and the recommendation of the Town Planner is that Mr. Fitzpatrick understands the NYS DOT parameters that need to be met for this type of study, and

WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal of William D. Fitzpatrick, P.E., P.T.O.E. to provide the aforementioned services;

NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby accepts the bid of William D. Fitzpatrick, P.E., P.T.O.E. to provide services in accordance with the statement attached hereto, 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.

Mr. Griffin stated what is a P.T.O.E.

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TOWN BOARD MEETING

Mr. Kassay stated I don’t know.

Mr. Kassay asked Mr. Rich Williams for his assistance in this matter. Mr. Harold Garry, Highway Superintendent for the County asked if we could let him know who we were going to assign to the speed analysis. When it is finished, could we send him a copy so he can contact New York State Department of Transportation.

Mr. Williams stated we are going to do a Notice of Award and we are going to send a copy to Harold Garry at the same time so he knows (audible). Then when we get the report back and the Town Board accepts it we will send that on to Harold.

Mr. Kassay stated he will be instrumental in following through with the State and hopefully we will be successful. Thank you for your help on that.

Mr. Mike Semo stated it is a County road, why is the County not doing the analysis.

Mr. Kassay stated late last year the State passed a law that they would no longer do that analysis. We went to the County, Harold Garry, but they do not have the expertise to conduct that speed analysis study. They now pushed it off to the Town. The Town’s have to do it, the information has to be sent to the County, and then the County will send that to the State.

Mr. Semo stated whatever you say but logically it is a County road it should be paid by the County or at least a portion there of. That is my opinion without legal fact.

Mr. O’Connor stated we were surprised and shocked.

Mr. Semo stated have you contact the Legislator representing the District.

Mr. Kassay stated no.

Mr. Semo stated maybe you should do that.

Mr. Kassay stated we went right to the Commissioner of Highway and NYSDOT. We would be wasting our time.

Mr. Semo thanked Mr. Kassay.

PUTNAM LAKE FIRE DEPARTMENT LETTER MAY 7, 2008

Mr. Kassay stated we have two new members in the Putnam Lake Fire Department, Mr. Ryan Blackwell and Mr. John Wolford. Antoinette has all the paperwork gone through the Town Clerk’s office.

Mrs. Kopeck, Town Clerk stated yes it has.

Mr. Kassay stated great, it’s nice to see volunteers stepping up to the plate.

RESOLUTION TO ESTABLISH POSITION OF SENIOR TYPIST

Mr. Kassay introduced the following Resolution to Establish the Position of Senior Typist;

R-0508-02

WHEREAS, the Town Board of the Town of Patterson wishes to create the full-time position of Senior Typist in order to, among other things: perform varied and difficult secretarial and/or office clerical work, familiarity with computer applications for word-processing and data organization, and

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TOWN BOARD MEETING

WHEREAS, the duties and responsibilities of the Senior Typist shall be as set forth on the attached Schedule "A", and

WHEREAS, the Town Board of the Town of Patterson wishes to establish the position starting May 15, 2008,

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby creates the full time position of Senior Typist, and

BE IT FURTHER RESOLVED, the duties and responsibilities of the Senior Typist shall be as set forth in Schedule "A", which is attached hereto and incorporated herein.

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

RESOLUTION TO APPOINT SENIOR TYPIST

Mr. Kassay introduced the following Resolution to Appoint Senior Typist;

R-0508-03

WHEREAS, the Town Board of the Town of Patterson has recently established the full-time position of Senior Typist, and

WHEREAS, the Town Board of the Town of Patterson feels that MELISSA BRICHTA is the most qualified individual to hold the position of Senior Typist;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints MELISSA BRICHTA, temporarily to the position of Senior Typist for a term of six months (6), and

BE IT FURTHER RESOLVED, that MELISSA BRICHTA shall commence her position immediately, and that the salary of said position shall be as set by the Town Board of the Town of Patterson, and

BE IT FURTHER RESOLVED, that the terms of MELISSA BRICHTA’s employment shall be as set forth in the attached job description (Schedule “A”), the personnel policy of the Town of Patterson, and as further set forth by the Patterson Town Board.

Seconded by Mrs. Nacerino. All In Favor: Aye. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.

EXECUTIVE SESSION PERSONNEL

Mr. Kassay stated he would defer his Executive Session Personnel to the end of the meeting.

Mr. John Taylor stated I have a question regarding the last transaction. Is the Senior Typist a Civil Service position.

Mr. Kassay stated yes it is.

Mr. Taylor stated is the Senior Typist on the Civil Service list.

Mr. Kassay stated yes it is.

Mr. Taylor stated was that person you appointed placed high enough on that list to be considered in…….

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Mr. Kassay stated no, that person placed…..

Mr. Taylor stated that is all I asked I don’t need anything else.

Mrs. Nacerino stated just for your clarification this appointment is temporary.

Mr. Taylor stated that was not mentioned earlier.

Mrs. Nacerino stated for your clarification it is a temporary establishment of a Senior Typist position.

Mr. Taylor stated I think you have to establish that when you make the position temporary (inaudible).

Ms. Herodes stated it is in the resolution that it is temporary.

Mr. Kassay stated I introduced the resolution as read. Feel free to ask all the questions you would like and we will have all the answers.

Mr. Taylor stated thank you.

Mr. Kassay stated I am going to exclude my Executive Session Personnel from my agenda.

GINNY NACERINO

RESOLUTION TO AMEND SECRETARY TO THE ZONING BOARD

Mrs. Nacerino stated we had some discussion at the last Town Board meeting about the Resolution to Establish the Position of the Secretary to the Zoning Board of Appeals and the need to amend the resolution. The language wasn’t clear.

Mrs. Nacerino introduced the following Resolution to Establish the Position of Secretary to the Zoning Board of Appeals and move the resolution as written and the language that needed to be clarified was;

Whereas the Town Board of the Town of Patterson wishes to amend the previously adopted resolution as follows,

Now Therefore Be it Resolved that the Town Board of the Town of Patterson hereby creates and establishes the full time position of the Secretary of the Zoning Board of Appeals to provide support to the Zoning Board of Appeals as authorized by Town Law Section 2672 and in accordance with Civil Service Law Section 41C.

R-0508-04 – Amended

WHEREAS, the Town Board of the Town of Patterson has created the full time position of Secretary to the Zoning Board of Appeals of the Town of Patterson in order to provide the Zoning Board of Appeals with a Secretary to perform all of the duties and responsibilities as listed in the description of said position annexed hereto and made a part hereof as Schedule “A”, and

WHEREAS, the duties and responsibilities of the Secretary to the Zoning Board of Appeals shall be as set forth on the attached Schedule "A", and

WHEREAS, the Town Board of the Town of Patterson wishes to amend the previously adopted resolution as follows,

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NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby creates and establishes the full time position of Secretary to Zoning Board of Appeals to provide support to the Zoning Board of Appeals as authorized by Town Law Section 267(2) and in accordance with Civil Service Law Section 41(C).

Seconded by Mr. Kassay.

Mr. Griffin stated discussion. The Zoning Board is the one to hire and fire on this.

Ms. Herodes stated Anthony Molé spoke with Sherona on this on what the details were. I know we have a copy of that section, which I don’t have with me. I think what she is trying to do is mesh the two to please them on what they wanted for Civil Service and not make it say “serve at the pleasure of”. I have to check that section.

Mr. Griffin stated the original problem was that it said “to serve at the pleasure of the Supervisor” which was wrong.

Ms. Herodes stated and they wanted it to say, “to serve at the pleasure of the Zoning Board” and that was incorrect.

Mr. Griffin stated we didn’t think it was correct.

Mrs. Nacerino stated theoretically it is correct but it is still under the auspice of the Town Board and I think that is what this language reflects.

Ms. Herodes stated which is that section of Town Law but I have to check that section, which was my understanding from Anthony.

Mr. Griffin stated ok.

All In Favor: Aye. Carried.

PAB REQUEST-LIFEGUARD STAFF

Mrs. Nacerino stated Mr. Taylor is with us this evening because it is that time of year again. In accordance with the 2008 budget I would like to make a motion to approve the slate of lifeguards with Carrie Rothacher, Supervising Lifeguard $19.31 per hour; Andrew McNulty, Supervising Lifeguard $17.51 per hour; Samantha Cloon as Supervising Lifeguard $17.51; McIan Campbell, Lifeguard $11.37; Morgan Chichester, Lifeguard $11.37; Michael McNulty, Lifeguard $10.92; Athena Shuffley, Lifeguard $10.92; Anna Eisenstein, Lifeguard $10.30; Thomas Jennings, Lifeguard $10.00.

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

FASHION SHOW RECAP

Mrs. Nacerino stated the Recreation Center is one of the nicest things we have in the Town of Patterson. Many of the communities envy us and the mission of the Recreation Center is to provide events and services that enhance our community. I am proud that the Fashion Show is one of those events. This is the second year in a row that I have spear headed this and I have had glowing accolades for the show for the fact that it brings the community together and draws different diverse groups of the community and we share the common bond of being residents of the Town of Patterson. This year it was in memory of Kirsten Henry. It was very successful with well over one hundred and thirty people in attendance. The proceeds of this event will be donated to charity in her name. The amount was approximately $1,800.00. With the proceeds, we would also like to donate to the Recreation Center as well.

ESTABLISH POSITION OF ACCOUNT CLERK

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Mrs. Nacerino introduced the following Resolution to Establish the Position of Account Clerk;

R-0508-05

WHEREAS, the Town Board of the Town of Patterson wishes to create the full-time position of Account Clerk in order to, among other things: perform financial record keeping involving the analysis and compilation of figures in support of regular reporting requirements and to fulfill departmental objectives, and

WHEREAS, the duties and responsibilities of the Account Clerk shall be as set forth on the attached Schedule "A", and

WHEREAS, the Town Board of the Town of Patterson wishes to establish the position starting immediately,

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby creates the full-time position of Account Clerk, and

BE IT FURTHER RESOLVED, the duties and responsibilities of the Account Clerk shall be as set forth in Schedule "A", which is attached hereto and incorporated herein.

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

APPOINT ACCOUNT CLERK

Mrs. Nacerino introduced the following Resolution to Appoint Account Clerk in accordance with Civil Service rules and regulations;

R0508-06

WHEREAS, the Town Board of the Town of Patterson has recently established the full-time position of Account Clerk, and

WHEREAS, the Town Board of the Town of Patterson feels that JANET RAVO is the most qualified individual to hold the position of Account Clerk;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints JANET RAVO to the position of Account Clerk, and

BE IT FURTHER RESOLVED, that JANET RAVO shall immediately commence her position, and that the salary of said position shall be as set by the Town Board of the Town of Patterson, and

BE IT FURTHER RESOLVED, that the terms of JANET RAVO’s employment shall be as set forth in the attached job description (Schedule “A”), the personnel policy of the Town of Patterson, and as further set forth by the Patterson Town Board.

Seconded by Mr. Kassay. All In Favor: Aye.

Mr. O’Connor stated just for the record I did call the references today and the one that was most important was a previous job working for a CPA firm and it was a glowing recommendation. She was unemployed due to the fact that her mother was very ill.

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

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MICHAEL GRIFFIN

STANTEC PROPOSAL-NEW COURTHOUSE

Mr. Griffin introduced the following Resolution for Authorization to Sign Agreement with Stantec Consulting Services, Inc.,

R-0508-07

WHEREAS, the Town of Patterson has requested proposals for professional services associated with design and construction phase engineering concerning the required site design elements for the new courthouse proposed on the present Town Hall site., and

WHEREAS, Stantec Consulting Services, Inc., 1450 Route 300, P.O. Box 3228, Newburgh, New York 12550 has submitted to the Town a proposal to provide the aforementioned services to the Town of Patterson, and

WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposal of Stantec Consulting Services, Inc., and

WHEREAS, at this time the Town Board of the Town of Patterson desires to engage the services of Stantec Consulting Services, Inc. for the aforementioned project, and

WHEREAS, the Town Board of the Town of Patterson desires to authorize the signing of an Agreement with Stantec Consulting Services, Inc. upon the terms provided in the proposal submitted;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the terms of the aforementioned proposal submitted by Stantec Consulting Services, Inc., a copy of which is attached hereto and made a part hereof, at a total cost for material and labor not to exceed SIXTY FIVE THOUSAND AND SEVEN HUNDRED DOLLARS($65,700.00), 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, including authority to sign an agreement with Stantec Consulting Services, Inc. upon the terms contained in the aforementioned proposal.

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

Mr. Capasso stated does this go out to bid at all.

Mr. Griffin stated no. This is the Town Engineer and they did all the preliminary work with Quest and the asbestos abatement, which has all been approved by the Board and is paid through a grant from the State. The State wants hard cold facts and we also wanted hard cold numbers so we didn’t have an open-ended situation. They provided all of the soil samples and tested the original site work, which had also been approved by the Board. Rather than hire a new engineering firm to duplicate much of the service that had already been done it was felt keeping with Stantec would be the most cost effective approach.

Mrs. Nacerino stated there are several items that are not listed within the dollar amounts stipulated here and I would like to know if you have any estimate of what these items that are listed would cost, any site survey; environmental scientist services (wetlands permitting if needed) which is to be incorporated into the engineering design plans; all fees for applications and permits; all services relating to asbestos inspection, abatement and demolition related activities; project architect responsible for the bid forms, general and supplemental conditions, Division 1 of the specifications, and printing of project

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documents. With this list, the dollar amount could exceed significantly and in your opinion how significant do you think the cost will escalate.

Mr. Williams, Town Planner, stated until we really get into it I can’t quantify that number but the reason that they are qualified on that list is Stantec would have very limited involvement in doing that. For example, the wetland permitting, we will be taking care of that through my office. I am going to contact the DEC, have them flag the wetlands, and there will be no cost to the Town in that regard. We will have a surveyor pick it up.

Mrs. Nacerino stated I just don’t want any surprises where this will ultimately wind up costing $120,000.00 versus the $65,000.00. We need to have a good idea of what the cost will be or how far it could go.

Mr. Williams stated I don’t disagree which is why I initiated this. I needed some hard numbers on what they were going to charge us for developing site land and that is what they are proposing to do. Some of the other things that you mentioned they are going to have very limited involvement in. It is impossible to give us numbers for example when they are talking about doing the Division 1 work (inaudible).

Mrs. Nacerino stated that is anticipated but I just don’t want it to wind up being double the cost of what we agree upon tonight.

Mr. Griffin stated if you recall we hired Transitional Builders to do construction estimates. I gave everybody a copy and that identifies a lot of the work. Stantec can’t do the asbestos abatement they make sure that Quest does it, files a proper report, permit, and makes sure that they are in compliance. If you look in the back of the packet from Stantec, there is also a section with a cost estimate from Quest. We do have an estimate from the architect that was given to the Board about a year ago and if you want, I can have that updated.

Mrs. Nacerino stated I’m not saying they are necessary factors all I am saying is I want to know what the expectations are. If there are hidden costs that we have no way of anticipating I would like to know what they are.

Mr. Williams stated understandably but the price you have been given here from Stantec is just for the site plan. If there are any additional costs, they are going to have to come back to the Board for approval. You are asking them to quantify costs that they cannot quantify at this time.

Mrs. Nacerino stated if these things are sited in this proposal, do we have any indication or expectation of what it might cost to do what needs to be done.

Mr. Williams stated if Stantec couldn’t quantify those costs I am certainly not qualified to quantify them.

Mr. Griffin stated any of the other information in terms of fees for applications and permits are naturally waived for the Town. Services relating to asbestos abatement are also detailed in the package. Project Architect responsible for the bid forms is all included in the architect’s fees and I can supply the Board with those numbers.

Mr. Capasso stated do we have plans for this building.

Mr. Griffin stated I gave you a set.

Mr. Capasso stated that was just…

Mr. Griffin stated do you want the whole thing.

Mr. Capasso stated is the construction going out to bid.

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Mr. Griffin stated everything has to follow Wicks Law.

Mr. Capasso stated do we own the property yet.

Mr. Griffin stated that will be the next thing. If you check New York States website you will find Senator Leibell was able to get us one million dollars for construction costs for the Court House on top of the two hundred and fifty thousand dollars he got us to design the plan and it will not be paid by the Patterson taxpayers.

Mr. Capasso stated do we know the estimated cost of this project.

Mr. Griffin stated approximately three million dollars but we are whittling it down day by day. We have six hundred thousand dollars from the sale of the old building and the above mentioned from Senator Leibell. In addition, Mr. Rich Williams is looking into grants. The engineer who is designing the HVAC is going to work with NYSDERA for grants for modern technology and special lighting.

Mr. Capasso stated are we going to take the two houses, what about the third house.

Mr. Griffin stated we are hoping the contract has been signed on the fourth house in the back owned by Harby.

Mr. Williams stated it is an Executive Session item.

Mr. Griffin stated it is. Our Executive Session says personnel. I wasn’t sure we were going to be ready to deal with that.

Ms. Herodes stated we can discuss that the contracts are in the hands of the attorney for Harby. They are unsigned but they are ready to sign subject to negotiations and that is what needs to be discussed.

Mr. Griffin stated can we add legal to Executive Session.

Ms. Herodes stated yes, I think you should add legal.

Mr. Griffin stated ok I will.

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

EMINENT DOMAIN – SET PUBLIC HEARING

Mr. Griffin made a motion to set the Public Hearing for Eminent Domain process for the Janitens properties at Leibell Place 16, 18 and 20 for May 20, 2008.

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

Mr. Griffin stated we have spent eighteen months exhausting every possible opportunity to do this through a short sale. We have been very unsuccessful in getting any cooperation what so ever from the banks involved. Even the Judge got to the point where he was so upset with the banks that he said he will now entertain the eminent domain proceeding. At this time Jennifer, Anthony and Jim Randazzo from Santangelo Randazzo and Mangione set the Public Hearing, the paperwork will be filed in County Supreme Court and we will proceed with them post haste with eminent domain.

STEARNS & WHELER – AMENDMENT #3 WWTP

Mr. Griffin stated I have a letter from Stearns and Wheler that I will read;

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TOWN BOARD MEETING

Dear Supervisor,

As hard as we all tried, the actual startup of the wastewater treatment plan did not occur until March 24, 2008, which was roughly two months later than originally planned. The good news is that the plant is producing a quality effluent, which the operator believes can still be improved as the population of bugs increases and minor adjustments to the process are made.

Had the project been finished by March 5, 2008, the completion date for all five contractors, our estimated cost for the Construction Administration and Resident Project Representative Services would have been right on target. Since our Resident Project Representative is still needed occasionally at the plant to follow up on incomplete items and observe progress, we request increasing our hourly Resident Services by $16,000.00 to cover roughly one additional month. Hours not used will of course not be charged. In addition, we ask that our lump sum Construction Administration services be increased by $8,500.00 to provide assistance in the final closeout of the construction contracts. Looking at the total construction cost to date, there is still close to $400,000.00 (see Table 1) remaining in the ten percent (10%) allowance that was part of each contract amount. The picture would have been even better had we not had the $207,000.00 for the site dewatering overrun.

Signed by, William R. Hall, P.E.

Mr. Griffin introduced the following Resolution for Amendment to Agreement with Stearns and Wheler, LLC as per the above letter and attached documentation to this resolution;

R-0508-08

WHEREAS, the Town of Patterson previously entered into an agreement with Stearns & Wheler, LLC dated September 28, 2005 to perform construction administration and resident project representative services for the wastewater treatment plant and Collection System for Patterson Hamlet Sewer District, and

WHEREAS, Stearns & Wheler, LLC has submitted to the Town of Patterson for execution an “Amendment No. 3” to the aforementioned Agreement, and

WHEREAS, at this time the Town Board of the Town of Patterson desires to continue the services of Stearns & Wheler, LLC for the project, and

WHEREAS, the Town Board of the Town of Patterson desires to sign the Amendment No. 3 to the aforementioned Agreement, the terms thereof being acceptable to the Town Board,

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the terms of the Amendment No. 3 to the aforementioned Agreement, in the form attached hereto, 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, including authority to sign the Amendment No. 3 to the aforementioned Agreement, in the form attached hereto, on behalf of the Town of Patterson.

Seconded by Mr. O’Connor.

Mr. Capasso stated what is the estimated cost for the wastewater treatment plant.

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Mr. Griffin stated slightly over ten million dollars which was exactly what we have budgeted and we have about seven million plus in grants and funding from outside sources. We are actually four hundred thousand dollars under budget at this time.

Mr. Griffin continued to update everyone on the wastewater treatment plant.

All In Favor: Aye. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.

RECREATION REQUEST – MAINTENANCE/COMP TIME

Mr. Griffin asked Mr. Raines if he had a chance to talk to NYCON about the cost of cleaning the smoke detectors.

Mr. Raines stated they walked through it with Paul Fava, Building Operations today so I expect by the end of the week we will have a proposal.

Mr. Griffin stated Fire Systems wants $100.00 per hour.

Mr. Raines stated I know and we are not going that route. I wrote a letter in reference to that asking them to hold off because I know we have a $300.00 annual contract for that. Previously I failed to renew…….due to lack of microphone usage, unable to transcribe.

Mr. Griffin stated considering it would take about two days to clean all of the smoke detectors in the gym.

Mr. Raines spoke but unable to transcribe.

Mr. Griffin stated the Town, that is not a problem. They can use our lift as long as they indemnify us.

Mr. Raines continued to speak without a microphone.

Mr. Griffin stated we have updated the computer systems and added a new server in the server room at the Recreation Center. After monitoring the temperature in the room it has been determined that it is too hot for the equipment to work effectively. We have been asked by the Recreation Supervisor, Jeanne Scigliano and Building Operations, Paul Fava to install a portable air conditioner. I would like to discuss this with the Code Enforcement Officer, Dave Raines before we approve this and buy something we may or may not be allowed to put in there.

Mr. Capasso stated is the air conditioning system for the whole Recreation Center on a major unit.

Mr. Raines stated no the Recreation Center is not air-conditioned.

Mr. Capasso stated are the offices air-conditioned.

Mr. Griffin stated the locker rooms, the front and back offices are. The gym, storage closet, boiler room and garage are not.

Mr. Capasso stated when the system was put in, did they know where the computers where going to be.

Mr. Griffin stated when the system was put in, the computer system that was anticipated wasn’t really a problem. The heat and the temperature in there didn’t become an issue. It was partially my fault because at the time I never envisioned the amount of computer horsepower we were going to need.

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Mr. Capasso stated did anyone check the duct system to see if there was any baffles in to put more air into that room.

Mr. Griffin stated I have had some discussion with our maintenance contractor and his general opinion was we could possibly consider it but the system was designed to cool the rooms that it was designed to cool. If we could run duck work from the conference room supply side into that closet…….

Mr. Capasso stated there is a company that will do that. They put in ballasts and air conditioning systems. I didn’t know if anyone looked into that or not instead of buying a new unit.

Mr. Griffin stated it was looked at and it is a possibility but you would also have to get a return into the room.

Mr. Raines stated you could pump more cold air in but……unable to transcribe.

Mr. Griffin stated we will table this until the next meeting.

Mr. Griffin stated I received a letter from Jeanne Scigliano, Recreation Supervisor regarding compensatory time build up. According to the memo, Mr. Fava has accumulated 88.75 hours and wanted to know how he can use this. He asked if he could take Mondays and Fridays off. I spoke with Jeanne and said they would have to work out some kind of work schedule so that the required work doesn’t suffer at the Recreation Center. They are in the process of working out when he will be taking the time. I wanted to bring this to the Board’s attention. Ginny do you have anything you would like to add.

Mrs. Nacerino stated one of the things that Jeanne said was that Mondays and Fridays all summer might have an adverse impact on the operations of the Recreation Center therefore she wasn't suggesting that he have them both off. Mr. Fava was very agreeable to that and they are going to decide amongst themselves what would work best. Fridays all summer might have an adverse impact on the operations of the Recreation Center therefore, she wasn't suggesting that he have them both off.

OFFICE OF REAL PROPERTY SERVICES REFUND

Mr. Griffin read a letter from the Office of Real Property Services;

The Town of Patterson entered into a coordinated assessment program (CAP) with the Town of Kent beginning on the 1999 assessment roll. The Office of Real Property Services has been notified that the CAP was terminated effective with the 2008 assessment roll.

The Town received $35,315.00 in Consolidation Incentive Aid in 1999 for entering into the CAP. Real Property Tax Law Section 1573(3(d) addresses the termination of a CAP and provides for the return of a prorated portion of the aid received if the CAP terminates within ten years after receipt of the aid.

Since the Town of Patterson received Consolidation Incentive Aid on the 1999 assessment roll and the CAP terminated effective with the 2008 roll, the Town must return ten percent of the aid received, or $3,53150. Please send a check to my attention in the amount of $3,531.50 payable to the Office of Real Property Services.

Mr. Griffin stated the Town of Patterson did not break the CAP. The Town of Kent broke the CAP. As a matter of fact, they stiffed us for everything they owed us for most of last year. I spoke with Mr. Tim Curtiss, Town Attorney and he has been very helpful but not forth coming with any money and we have yet to resolve this situation. At this time Counselor, I would like your recommendation as to how we get our money out of

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the Town of Kent to satisfy the Office of Real Property Services and to pay us for monies they did not pay us in 2007 that we feel they owe us.

Mr. O'Connor stated the original agreement said that either party had to give one-year notice. It lasted the whole ten years .....

Ms. Herodes stated and if it didn't then Kent pays.

Mr. O'Connor stated but it did and it was in existence for that whole year which means we don't owe the State anything and Kent owes us.

Ms. Herodes stated I apologize if this has been sent over because I have not seen or heard of this so if I can have a copy I would like to review this and render an opinion to the Board on what we think you should do.

Mr. Griffin stated that is fine I wanted to get this on the record that we don't think this is our bill since it was them who wanted to bail out of the CAP and they still haven't paid us. My opinion is they should pay us right up until May of 2008. I will give you all copies of the file and you can review this.

Mr. Griffin made a motion to add Legal to the Executive Session and strike Personnel.

Seconded by Mr. O'Connor. An In Favor: Aye. Carried.

OTHER BUSINESS

Mr. O'Connor stated I distributed a draft letter I wrote to Mr. Bondi.

Town Board members stated they received it.

Mr. Capasso stated where do we stand with Patterson Crossing.

Mr. Williams stated it is currently under review by the Planning Board. Unable to transcribe.

Mr. Capasso stated how long is that going to take.

Mr. Williams stated I cannot speak for the Planning Board .....unable to transcribe.

Mr. Capasso stated ok.

Mr. Griffin stated I understand there is a discussion that the Planning Board wants to consider Special Counsel for the project.

Mr. Williams stated they are changing their Legal Counsel. They did it through resolution at the last meeting. I am waiting for Michelle to finish typing before we can send a memo to the Board ..... due to lack of microphone usage, unable to transcribe.

Mr. Griffin stated are they going to ask the Town Board or are they going to make a recommendation to the Town Board.

Mr. Williams stated I believe it is the former rather than the latter.

Mr. Griffin stated the decision win be ours one way or another. I just wasn't sure if they wanted to interview attorneys and ask them land use questions that we may not ask and or make a recommendation. If they want us to handle the whole matter I hope we do better the second time then we did the first time.

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Mr. Williams stated would you like me, Anthony and Jennifer to come up with a short list of names.

Mr. Griffin stated Jennifer is our lead attorney so let's just work through her.

Mr. Williams stated my understanding was that Anthony was still taking care of Planning Board issues.

Mr. Griffin stated if they want us to take care of it then Jennifer is our attorney.

PUBLIC RECOGNITION

Mr. Semo stated regarding the speed limit under Mr. Kassay's agenda, why is this being pursued.

Mr. Kassay stated the Supervisor was contacted about the speed limits on Harmony Road and he asked me to look into it.

Mr. Semo stated were there complaints.

Mr. Kassay stated yes from residents on Harmony Road.

Mr. Griffin stated there were some concerns expressed by the farm and two private residents who were the spokespersons for the problem. Both individuals along with Mr. Frost had expressed concern that the road is not posted therefore it is considered 55 miles per hour. As soon as you hit Dutchess County the speed limit is posted at 35 miles per hour. We contacted the County and they said we do not handle that you have to go to the NYSDOT. The NYSDOT stated they have a new policy and they do not do those studies anymore. If we want them to consider it we have to do the study and then they will review it and they will tell you what they think. Mr. Kassay took charge because of his background and we contacted the Commissioner. I will send Mary Conklin a letter to help us out.

Mr. Semo stated there were a number of complaints on Farm to Market. We set up this piece of equipment, which is owned by the Sheriff's Department. Ernie and I worked on it. It gives the time, the speed, etc. Did anyone contact the Sheriff's Department to ask if they could borrow it.

Mr. Kassay stated I have a folder full of information on this project you can look at it after the meeting.

Mr. Griffin stated the components to this are; vehicle speed data, field observation by the Engineer, field speed data collections, radar, representative samples, minimum one hundred vehicles as defined by New York State practices, spot speed investigation relative to eight fifth percentile vehicle speeds, accident data and on and on and on. The Sheriff's Department would not have the necessary expertise however, if the Sheriff s Department could provide one portion it could save us money.

Mr. Dan Kutcha, Patterson, stated regarding the Stearns and Wheler amendment about the fence at Covington Greens, you said they didn't do all the odds and ends on the fence.

Mr. Griffin stated the gates weren't done.

Mr. Kutcha stated which company was this.

Mr. Griffin stated Duke Fencing. I don't know if they have completed it.

Ms. Lynn Andretta stated did you establish the position of full time Recreation Director.

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Mr. Griffin stated that position was already established sometime ago. It was held by Sandy Coe. She resigned and the position has been vacant for eight or nine months.

The Town established that position and we choose to table it tonight until the next Town Board meeting to further discuss it.

Ms. Andretta stated is that position in the budget.

Mr. Griffin stated yes.

EXECUTIVE SESSION

There being no further business, Mr. Griffin made a motion to go into Executive Session at 8:55 p.m.

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

Mrs. Nacerino made a motion to close Executive Session at 9:25 p.m.

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

ADJOURNMENT

There being no further business, Mr. O'Connor made a motion to adjourn the meeting at 9:25p.m.

Seconded by Mr. Kassay. All In Favor: aye. Carried.

Respectfully submitted,

___________________________________

ANTOINETTE KOPECK, TOWN CLERK