1142 ROUTE 311
MINUTES
PRESENT: MICHAEL
JOSEPH CAPASSO, COUNCILMAN
ERNEST KASSAY, COUNCILMAN
GINNY NACERINO, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
TIM CURTISS, TOWN COUNSEL
Salute to the Flag and Roll Call.
Supervisor
NEW COURTHOUSE PRESENTATION
Mr. Griffin stated in 1994 Patterson’s Court House was in the old Town Hall in the basement and the Patterson Library was on South Street in a fourteen hundred foot residential home and the prior Town Board had acquired the rights to the old Fire House. Mr. Kassay and I are the only two originals left that started this whole program and we decided that the most cost effective method used for that building at the time would be to move the courthouse there. We had some resistance from some residents that thought that bringing criminals into the Hamlet was an extraordinarily bad idea. We also recognized that many of the people going through the courts came from the Hamlet in the first place. The traffic violations were coming from Route 84 and we didn’t see them as a major threat. Someone else came up with the idea that we had twenty six hundred square feet of building that we weren’t going to be using at the time and the idea was why don’t we offer it to the library and rent the building to them. We knew we would eventually need a bigger library and courthouse.
Mr. Griffin stated in 2003 we met with the library a few
times and accepted the fact that the library was not serving the needs of the
public the best that they could. We also
met with the judges and they felt it was time for a bigger courthouse since
they couldn’t fit everyone in the building anymore. We started discussing options and started a
very extensive search for possible relocations of either the courts or the
library. We looked at a piece of
property on
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 2
Board as to where we stand on the progress of the
courthouse. The Town Planner will talk about
the site plan and budget and I will go over the actual building.
Mr. Williams described a map of the Town Hall, the surrounding area and where the courthouse will be located. We will be providing approximately forty-nine new parking spaces to add to the sixty-five spaces we already have. The idea is to share the parking so that we are not over creating parking for both facilities. The site will require some fill to be brought in. As it is designed right now, a four-foot retaining wall going down along the edge of the Harbby property still provides an access coming in. We need to raise the grade so that we can get drainage to come back here and still have enough pitch to bring the drainage back to the stormwater pond up here on the site plan. There is also some discussion about buying the Harbby property behind here. If we do that it helps us save some of the site costs because we no longer need to bring the fill in or raise it up above the ground we could bring it back to here and put stormwater management facilities on the Harbby property and bring it the other way rather than come back forward with the drainage. The building could also be shifted back. Right now, the building is about five feet off the Harbby property line, which is somewhat of an imposition to the property owner.
Mr. Semo stated how close is that corner to the property line.
Mr. Williams stated it is about five feet, it is very close.
Mr. Griffin stated the actual building itself is a little less than seventy five hundred square feet. We had to shrink it a bit. When we had it reviewed by the building inspector told us we had to put sprinklers in. Anything over a one hundred person seating capacity has to have sprinklers and because we don’t have Town water we decided to reduced the courthouse room to ninety-nine people and added a spill over area and a conference room. This are will serve a dual purpose. We were asked by Senator Leibell who has the Historical Society sharing space in his building now because they have no official home so we found that the building had enough space to give them a small office for them to use. We set it up that these doors would remain locked all the time so that anyone who uses the facility could not gain access to the court but could use this larger room to do presentations or have larger meetings. They would also have access to the bathrooms. Because this cost has been a primary consideration in this building, we are going to build it similar to the way the Town Hall has been built. There will be no basement partially due to the drainage problems and the high water table. We designed a mechanical room and put in a firewall, which helps us to eliminate the sprinkler needs. It makes this a separate consideration. The architect has listed this as the front elevation.
Mr. Griffin referred to the map, described the way to drive in and out of the parking lot and how to access the rooms in the courthouse, and described each room in the courthouse.
Mr. Semo stated what is the cost for this.
Mr. Griffin stated I will let Mr. Williams discuss that.
Mr. Robert O’Dell stated are they hiring any more people and who is going to run the metal detector and the holding cells.
Mr. Griffin stated absolutely not. We have a court officer and he handles that. It is a small hand held one. Everyone will walk through the main one. The holding cells will be held by the police when they bring in the perpetrators. That is what I have been told by the judges.
Ms. Patricia Ploeger, Treasurer Historical Society, stated I am a little amazed to see that we have a new office planned. I think we were unaware of it. Be that as it may, we are
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 3
at the
Mr. Griffin stated 15 x 18 almost 16 x 19.
Ms. Ploeger stated we heard some rumors that there was going to be a museum on the top floor but that was the last we heard.
Mr. Griffin stated there was a discussion and we ran numbers for a second story and the numbers ballooned tremendously in terms of cost. Originally, the courts wanted a storage area downstairs and when we looked at the drainage issues and what it would involve to keep them in a conditioned state with a dehumidifier, air conditioning etc, and the cost spiraled. Mr. Williams will be discussing all of this.
Ms. Ploeger stated your receptionist Jane Cronin and I meet
once a week at the
Mr. Griffin stated when having conversations with Senator Leibell, he expressed to us that he wanted to find the Historical Society a more permanent home of your own.
Ms. Adrianne Kavelle stated it wasn’t fear so much at the library it was the fact that children might see and watch these criminals come through.
Mr. Griffin stated the other half of it is on almost any given court night there are four or five Deputy’s or State Police there. The place is not over run with criminals and out of control. If you want to speak to the library and ask them to give you a room that is fine with us. We could put this room to good use.
Mr. Curtiss stated right now the
Mr. Griffin stated there are calendar call nights as well.
Mr. Curtiss stated I don’t think he does it for traffic anymore. He does everything during the day.
Mr. Griffin stated there would be three or four nights a month. There is nothing on the weekends. You would have more than reasonable access to the building without worrying about the courts. I am not aware of the library having any incidences.
Mr. Williams stated the big issue is what is this going to
cost us as taxpayers. We have been
working with the architects, the site engineer and the construction management
firm that the Town Board retained to do valued engineering to make sure we are
getting the most cost effective building that we could and to develop numbers
on what potentially this is going to cost us.
Certainly, nobody is certain of the numbers until this is put out to bid
and we see how the bids come back. The
bad news is the economy is getting soft.
The good news is that makes contractors hungrier so hopefully we will
get some good prices on doing this.
Right now, we are looking at approximately $3.2 million dollars and
change for project costs that include the design, land acquisition, construction,
and construction management. We have
received a commitment from the Dormitory Authority of the State of
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 4
million dollars in revenue to offset the project costs. That leaves a balance to be funded by the
Town of $1.4 million dollars and that will be bonded over a twenty or thirty
year period. We haven’t worked up the
numbers of what it will cost each individual taxpayer. That is something we still have left to
do. Everyone is very concerned about the
cost of this building and about a year ago, I was approached by Tectonic
Engineering who is looking to site a cell tower within the Hamlet. They were looking at a number of different
sites and made inquiries about this site that we are on now as well as
Mr. Jason Lieberman stated where is the Peckham property.
Mr. Williams stated it is about six hundred feet straight behind us. There is a quarry back there that has been mined for years.
Ms. Christine Rizzo stated where is the quarry property in proximity to where this building is going.
Mr. Williams stated the quarry is behind us. The new courthouse is going to be right behind us.
Ms. Kavelle stated are there any private residents in the immediate vicinity of where the cell tower will go.
Mr. Williams stated there are private residents. Williams and
Ms. Rizzo stated is there a nursery school right there.
Mr. Williams stated yes it is next door.
Ms. Amy Lagan stated has there been any consideration as to the blasting of the quarry and this facility being damaged by this.
Mr. Williams stated the architects are aware that there is a quarry back there. Blasting is less of a concern to the design of the building then the train tracks and the train going by which at times can be felt.
Mr. Griffin stated prior to undertaking we did a whole series of studies one of which was we took core samples so we know what type of soil is there. The building is designed to spread footings to accommodate the vibrations. So far, all the soil samples that we have taken clearly indicate that the soils will carry the building.
Mr. Semo stated some time ago the fire department was in discussion about the cell tower (inaudible).
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 5
Mr. Williams stated the fire department was no longer in consideration and I don’t know why.
Ms. Ploeger stated if one of the sites is the Peckham property how would the Town get revenue from something that was on Peckham’s property.
Mr. Griffin stated we won’t. One of the considerations for the acquisitions of the Harbby property is it makes the drainage simple, eliminates the retaining wall, and makes access around the building easier particularly for the fire department and emergency service. At the same token does it make a lot of sense to spend four hundred and fifty thousand dollars to save one hundred thousand dollars that is a decision the Board needs to make. One of the primary concerns about the Harbby property was because it did have the potential for the cell tower location on it. The Board asked the Town Planner to explore the options and Mr. Harbby approached the Town and asked us if the Town would be interested in acquiring his property. We looked at it and we said we didn’t need it for the project. Tectonic Engineers told us they were looking at various locations and the Harbby land was considered. We negotiated with Harbby for the purpose of the cell tower and at this time, we are going to discuss land acquisition options with the attorney’s in Executive Session. To date I have not signed any contract with the Harbby’s relative to land acquisition.
Ms. Ploeger stated regarding the Harbby property and the property you are in negotiations for are they going to be taken off the tax rolls if you buy that property. What is their current contribution to the Town and or County off the top of your head.
Mr. Griffin stated I would guess all three properties between Town, school and County would be about twenty thousand dollars.
Mr. Steve Mandras stated the cell tower is one possible funding solution are there any others.
Mr. Williams stated certainly we are going to continue to pursue grants where we can but with the economy going the way it is going it is unlikely we will see any additional funding from the State. We are looking at doing some energy saving techniques, getting some funding from ISDERA as well as the Justice Court Program. That funding will be minimal compared to the overall project. The only other funding source we have is the taxpayers.
Mr. Mandras stated how many square feet is this.
Mr. Griffin stated approximately seven thousand.
Mr. Mandras stated have you discussed building a new library and making the existing building a courthouse.
Mr. Williams stated that would be the decision of the library. We did look at expanding that building.
Mr. Mandras stated I mean making the whole building just the courthouse and taking the twenty six hundred feet that the library has and building a five thousand square foot building that might be a million dollars instead of one million five.
Mr. Griffin stated we did an extensive land search about
five years ago. We looked at property on
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 6
hundred and twenty thousand dollars in additional funding and failed by a very few votes. The library looked at some additional properties and they looked at expenses. Their general conclusion was that was the best location and best building to be in. I received that feedback from Judy Ferraro.
Mr. Capasso stated why didn’t we keep the old courthouse and the old Town Hall and make that either the library or the courthouse
Mr. Griffin stated it didn’t serve a functional purpose as a
library because any time you have a second floor of a library the costs are
astronomical because of the weight of the books. That building is very small and is only about
five thousand square feet. When we
looked at the renovations to that building as a Town Hall, it actually cost
almost as much as this building which is two thousand plus square foot
bigger. The other purpose of putting the
Town Hall in the Hamlet was for the purpose of trying to revitalize the Hamlet
with various anchors like the
Mr. Capasso stated I mean for the library.
Mr. Griffin stated it is smaller than the other building and it has two floors. You would need an elevator and you would have to dramatically reinforce the floors and from a financial standpoint, it didn’t make any sense.
Mr. Capasso stated did we receive any money for that building.
Mr. Griffin stated we received a little over two hundred thousand dollars. Part of that money went into this building.
Mrs. Nacerino stated at the last meeting we discussed the proposal for engineering services for Stantec for a total of sixty five thousand seven hundred dollars. In that proposal, there were items that were not covered under that amount of money.
Mr. Williams stated he has not gotten back to me yet.
Mrs. Nacerino stated what would be the hidden costs that we might incur in the future with the other vendors that we have here. I think we would like to know a realistic number rather then a guesstimate that might be grossly under what the actual cost might be. Is there any way to foresee that. That is taxpayer’s dollars and we need to know what the actuals are.
Mr. Williams stated these numbers are all based on contracts that we currently have so we know what these numbers are with the exception of the architect. The number for the architect is based on a percentage of the building costs. That is the number based currently on the building cost. Four hundred and fifty thousand dollars we know is a negotiated contact at this point. Three hundred and sixty thousand dollars for the Jenniton parcel is subject to how we are going to acquire that property whether it is going to be eminent domain or short sale so there is a little bit of a gray area in that number. I have all the capital costs, the site walk and the building construction. The site work was reviewed by Stantec who was doing the site but the numbers generally came from Transitional Builders who is doing the value engineering. They gave us a full break down of what the building costs should be. Mike, the Board, Stantec and I reviewed it. That is where all these numbers are coming from. I looked at the numbers and didn’t see anything that jumped out at me that was hidden or missing. Until we get the actual bids in we are not going to know what the contractors are going to bid.
Mrs. Nacerino stated there is always that obstacle that sets you back financially that you encounter or something that is unforeseen but it all translates into dollars and dollars
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 7
translate to people sitting in this audience tonight. It would be prudent for us to try to get the most realistic costs possible.
Mr. Williams stated I agree.
Mr. Griffin stated when we put a budget together and when we know that we have the approvals, that project is within the budget. We put together a budget and we are about three hundred thousand under budget. We used a much higher contingency number for this project and the wastewater treatment plant. Normally the contingency is about five percent. We doubled that and put it in at ten percent.
Mrs. Nacerino stated as a buffer.
Mr. Griffin stated yes, and that is what saved us on the sewer plant because we had a tremendous cost to overrun for dewatering because of the soil type. However, because of the contingency we were able to stay under budget. The one thing I will point out is that we need to speak to Liscum McCormick and VanMorris to get a much tighter commitment from them on terms of construction supervision versus Transitional’s.
Mrs. Nacerino stated to secure the million-dollar construction grant from Senator Leibell are there any time parameters.
Mr. Williams stated I don’t have any information on what is involved in it or what agency is going to be overseeing it. When you issue the State grants it is the Economic Development Corporation. I am not sure what agency is going to do it.
Mrs. Nacerino stated I understand that but I was wondering if there are any restrictions on time. Is time of the essence to secure this grant.
Mr. Griffin stated yes.
Time is of the essence. There is
a very tight situation in
Ms. Ploeger stated talking about cost made we think about the on going maintenance cost of heating, air conditioning, lighting and roofing. What level of lead certification are we going for so that we minimize the energy expenditures in the future.
Mr. Griffin stated all the engineers who are doing all the mechanical and electrical are very familiar with NYSDERA requirements and energy grants. There was also discussion about small turbine windmills that could be located on the buildings. There is a variety of different things that we are researching at the moment.
Ms. Ploeger stated we are not trying to build a green building.
Mr. Williams stated we are trying to build it as cost effective as possible.
Ms. Ploeger stated cost effective rather than green.
Mr. Griffin stated if you would like to look at a detailed
set of construction plans I would be happy to sit with you and show you
them. The walls are poured concrete with
a foam forming. We are very energy
conscientious. We are using all the
latest technology for natural gas. The furnace
is the size of a small refrigerator.
Everything is done fully insulated slab on grade. We are not looking at any heat circulators or
pumps.
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2008:
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 8
General Fund $84,759.60, Highway Fund Item 1 – General Repairs $12,283.12, Highway Fund Item 3 – Machinery $2,878.09, Highway Fund-Item 4-Miscellaneous $1,511.75, Highway Fund – Employee Benefits $15,160.93, Highway Fund – Debt Service $13,208.75, Waste Water Treatment Plant $110.52, Capital Fund $53,349.00, Patterson Light District $20.45, Putnam Lake Refuse District #1 $5.00, Patterson Refuse District #2 $6,219.88, Deerwood Drainage District $15.51, Patterson Park District $399.02, Alpine Water District $1,006.45, Dorset Hollow Water District $199.00, Fox Run Water District $24.41, Grand Total Abstract $191,151.48.
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.
MICHAEL
OFFICE OF REAL PROPERTY SERVICES REFUND-LEGAL FOLLOW-UP
Mr. Griffin stated the Town of
Mr. Tim Curtiss, Town Attorney, stated they have received the same bill you received. Once you both appointed a full time Assessor, ORPS considers you out of the program. Whether you opt out or whatever once you do not have a coordinated services program they consider you out. My understanding is neither Town was happy with sharing an Assessor because none of the needs was being met.
Mr. Griffin stated I was happy.
Mr. O’Connor stated I was overjoyed.
Mr. Curtiss stated back in October you would have had to go
to another municipality if Kent was the one saying they wanted to appoint a
full time assessor and done a shared assessment program. You could have stayed in the program, kept
the thirty two hundred dollars, and finished out the program but under the
contract you have with the Town of
Mr. O’Connor stated but the contract we have with the Town
of
Mr. Curtiss stated correct.
No, they passed a resolution in the spring saying they were planning on
opting out and then when the Assessor’s came up for reappointment on
Mr. O’Connor stated if they made the resolution to opt out in the spring it could not, according to the contract, take effect to the following spring. The fact that they withdrew we had to do something.
Mr. Curtiss stated that is correct. You had two options. First was to appoint a full time Assessor and
the second option was to have a Coordinated Assessment Program with either
Southeast or
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 9
Mr. Griffin stated it sounds to me like you are working with the other Town.
Mr. O’Connor stated we were put in this position by the Town
of
Mr. Curtiss stated that could be but ORPS’ position was really the one asking for the money back.
Mr. Griffin stated we will table this until the next meeting.
LETTER FROM SENIORS
Mr. Griffin stated when we receive nice letters from the
public we like to address them at the Town Board meetings. We have a letter from the Golden Age Senior
Citizens of Patterson
On behalf of the Golden Age Senior Citizens of Patterson, I
would like to extend our thanks to the
PLANNER’S REQUEST-MS4/EPRS CONFERENCE
Mr. Griffin stated we have a request from the Town Planner
that he would like to be actively involved in the decision making process for
future general permits. I think it would
be a great idea to have him representing not only the Town of
Mr. Griffin made a motion
to authorize the Town Planner to attend the General Permit Hearings in
Seconded by Mrs. Nacerino.
Mr. Kassay stated this may be a typo but should this be dated 2009.
Mr. Griffin stated yes.
Mr. Kassay stated I wasn't sure if maybe he already attended a seminar already.
Mr. Griffin stated Mr. Williams will use his discretion and if certain meetings are useful he will go and if not he will not go.
Mr. Capasso stated are they overnight meetings.
Mr. Griffin stated no, up in the morning and back in the afternoon.
All In Favor: Aye. Carried.
Mr. Griffin stated Mr. Williams would like to attend a
workshop on
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 10
implemented by the New York City Department of Environmental Conservation for the East of Hudson Watershed for a cost not to exceed $30.00.
Mr. Griffin made a motion to authorize the Town Planner to attend the conference for a cost not to exceed $30.00.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
QuES&T PROPOSAL-ASBESTOS ABATEMENT
Mr. Griffin stated we received a proposal from the Town Engineer with an additional proposal from QuES&T Quality and Environmental Solutions and Technologies relative to the regulations that the State has visited upon us for asbestos abatement.
Mr. O’Connor stated can we make a commitment to this if we don’t have the property.
Mr. Kassay stated not only that don’t they have the wrong street address. Isn’t it 14, 18, 22.
Mr. Griffin stated 14, 16, 18, and 20 is what their proposal is calling for.
Mr. Kassay stated the last house in the back has a 911 number on it that says 22. We have to make sure the document is one hundred percent correct.
Mr. Griffin stated the house number 14, 16, 18 and 20 are property numbers. It is a little strange. A lot of people get confused because there are three buildings and four numbers.
Mr. Kassay stated there are actually four buildings with four separate street numbers. I was just back there. This particular document does not address number 22 at all. I just want to get the numbers right.
Mr. Griffin stated we will correct this and table this until the next meeting.
ANNUAL CONTRACTS – DISCUSSION
Mr. Griffin asked Mr. Curtiss if we don’t have annual professional services contracts in place should we be paying those people without contracts in place particularly if they changed their prices.
Mr. Curtiss stated that depends on your original agreement for services.
Mr. Griffin stated it is usually done on an annual basis.
Mr. Curtiss stated did they render the services.
Mr. Griffin stated yes, you are here.
Mr. Curtiss stated in most cases unless there is some kind of discrepancy.
Mr. Griffin stated if you want us to keep sending you a check, get us a contract.
Mr. Curtiss stated I thought we sent something over in February.
Mr. Griffin stated I didn’t get it. Patricia Brooks, Town Account has been questioning your bills that are outside of your services and she wants to know what is included and what isn’t. She has been working from an older contract.
NEIGHBORHOOD WATCH-SIGNAGE
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 11
Mr. Griffin stated recently a number of residents on
We already contacted the Sheriffs Department and they told us
they do not pay for signage. Does the
Town Board want to consider paying for this.
I sent a letter to our current
Mr. O’Connor made a motion
to approve the cost of the signage for the
Seconded by Mr. Kassay.
Mrs. Nacerino stated discussion. First, I would like to volunteer to be the neighborhood watch Councilperson from this Board. Second, I have no objection to this in one respect but in the other what precedence are we making when we are going to pay for signs for one neighborhood and all other neighborhoods in the Hamlet and Putnam Lake decide to have a neighborhood watch are we going to fund all the signage.
Mr. Capasso stated I don’t think we should but if you do it for one neighborhood you have to do it for all. Let the neighborhood pay for it all.
Mrs. Nacerino stated by doing so we are setting a precedence. I think we need some careful consideration. It is not the $180.00 that is at stake this is probably going to occur more than once in the future.
Mr. O’Connor stated yes it will.
Mrs. Nacerino stated are we prepared to fund and post the signs throughout this Town.
Mr. Kassay stated no, it could become rampant where it could cost thousands of dollars before it’s done. We probably should table this and if you are going to take on the responsibility as the liaison for the Town Board, you can meet with Jerry, he can fill you in, and you will have a better idea of what to do. There could be many hidden costs that we don’t know about.
Mr. Curtiss stated the other Town’s do provide signs with a cap not to exceed $250.00 per neighborhood.
Mrs. Nacerino stated that is an option.
Mr. Kassay made a motion to table the neighborhood watch signs until we have a better understanding on how to make this work.
Seconded by Mrs. Nacerino.
Town Board members continued to discuss the neighborhood watch signage issue.
Mr. Rich Williams stated one of the reasons I have proposed this was if the signs are going to go up they have to go up in the Town right-of-way. You can’t set them up on private property. Assuming that the residents decide to pay for the signs does anyone have a problem with the highway department putting them up in the Town right-of-way.
Mr. Kassay stated we would have to ask for the Highway Superintendent’s permission.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 12
Mr. Williams stated but no one has a problem with this. If the Highway Superintendent doesn’t want to put the signs up, he won’t put them up.
Mrs. Nacerino asked Mr. Mandras how many houses are in your
development on
Mr. Steve Mandras stated thirty-one.
Mrs. Nacerino stated and there must be twenty more on
Mr. Mandras stated this is very frustrating. You are making an assumption that every person in this Township is going to want to kick off a neighborhood watch. That is a bunch of …... We are talking about $180.00.
Mr. Capasso stated I don’t have a problem with the $180.00 I’m worried about what it is going to create in the rest of the Town.
Mr. Mandras stated so what happens if you spend one thousand dollars on making our neighborhood safer. That is nothing. That is a bunch of baloney.
Mr. Kassay stated I would like to speak to the Sheriffs Department or the State Police and find out why South and West Streets are not safe. How many calls have been made to the police. That is what I would like to know and until that information is provided, I don’t see any reason why a neighborhood watch is warranted. Supply me with the facts and the back up of why the signs should be put up. I want a report from the police department.
Mr. Mandras stated would you like me to provide it to you.
Mr. Kassay stated sure. Make sure it is a signed report from the State Police.
Mr. Griffin stated am I understanding that we have to come to a certain level of crime before we can preemptively act here.
Mr. Kassay stated this is saying that there is crime on South and West Streets.
Mr. Griffin stated maybe some people want to make sure that it doesn’t happen.
Mr. Kassay stated well that is called overreacting.
Mr. O’Connor stated neighborhood watch is not an overreaction.
Mr. Kassay stated that’s fine. Then let the neighborhood pay for the signs themselves. Why should we have to subject the rest of the taxpayers in the Town to pay for this.
Ms. Amy Lagan stated many of the incidences that we are
talking about on South and West Streets comes from one of your buildings. The
Mr. Kassay stated I think you missed the point on this. I think you are circumventing the police department reporting crimes. That is what their job is. They have people who will work for you.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 13
Ms. Lagan stated they are coming
Mr. Kassay stated great.
Let them address this situation.
I would like to know the statistics on the amount of crime at the
Audience members and the Town Board continued to discuss the neighborhood watch.
All In Favor: 4 – 1. 1 – Opposed.
NYCONN PROPOSAL-WWTP FIRE ALARM COMMUNICATOR & MONITORING
Mr. Griffin stated NYCONN Security System Inc., is the Town current monitoring and securities system company. They reviewed the situation at the Wastewater Treatment Plant and is recommending that we add a silent night six zone fire alarm communicator with built in chargeable batteries to tie into the existing fire panel at the facility for an amount not to exceed $600.00 and monthly monitoring with daily testing at $32.00.
Mr. Griffin introduced the following Resolution to Accept the Proposal of NYCONN Security Systems, Inc. for Wastewater Treatment Plant Alarm System:
R-0508-09
WHEREAS, the
Town of
WHEREAS, NYCONN SECURITY SYSTEMS, INC., P.O. Box 427, Bedford Hills, New York 10507, has offered to provide said services at the cost shown on the May 20, 2008 proposal, a copy of which is attached hereto and made a part hereof, and
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the proposal of NYCONN SECURITY SYSTEMS, INC., P.O. Box 427, Bedford Hills, New York 10507, to provide said services at the cost shown on the May 20, 2008 proposal, a copy of which is attached hereto and made a part hereof, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
JOSEPH CAPASSO
NO AGENDA
Mr. O’Connor stated based on the need to move ahead with the Recreation Center Management Plan I would like to make a motion to appoint a full time Recreation Director. The Town Board feels that Jeanne Scigliano is the most qualified to hold the position of Recreation Director and that she be appointed full time subject to six months probation.
Seconded by Mr. Griffin.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 14
Mr. Griffin stated she is part time with a salary of $29,000.00. If she goes full time what salary are we recommending.
Mr. O’Connor stated I am recommending that her salary be double of her part time salary and that would be $58,000.00.
Roll Call Vote: Mr. Capasso; no, Mr. Kassay; no, Mrs. Nacerino; no, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote 2-3.
Mr. Capasso stated I would like to make a motion to cap Jean Scigliano’s hours to no more than twenty-four hours.
Mr. Griffin stated sorry Sir, but you are out of order.
Mr. Capasso stated sorry.
CONSERVATION ADVISORY COMMITTEE-TOWN OF
Mr. O’Connor stated at last months meeting I handed out a
Conservation Advisory Committee booklet from the Town of Kent recommending to
the State to expand the bottle bill to water bottles and non-carbonated
beverages. I wasn’t too sure of how I
felt about it until I came here tonight and I was counting the number of water
bottles on the way, particularly on the bottom of Empire Drive and
Mr. O’Connor made a motion
to put the Town of
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
AWARD SLUDGE BID
Mr. O’Connor stated we sent out proposals for acceptance of bids for sludge removal from the Patterson Hamlet Wastewater Treatment Plant. We received four bids that were received and opened in a timely fashion. Based on the bids that were opened Stuart Bates Incorporated was the lowest qualifying bid.
Mr. O’Connor introduced the following Resolution for Acceptance of Bid for Sludge Removal for the Patterson
Hamlet Wastewater Treatment Plant;
R-0508-10
WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for the removal of sludge from the wastewater treatment plant located at 470 Cornwall Hill Road, Patterson, New York, and
WHEREAS, STUART W. BATES INC., 114 Starr Ridge Road, Brewster, New York 10509 has submitted the lowest responsible bid to perform the removal of sludge from the wastewater treatment plant located at 470 Cornwall Hill Road, Patterson, New York for a sum not to exceed $0.13 per gallon, and for emergency sludge removal in an amount not to exceed $0.15 per gallon plus $150.00 dumping fee, and
WHEREAS, the
Town Board of the Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid of STUART W. BATES INC. to perform the removal of sludge from the wastewater treatment plant located at 470 Cornwall Hill Road, Patterson, New York for a sum not to exceed $0.13 per gallon, and for emergency sludge removal in an
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 15
amount not to exceed $0.15 per gallon plus $150.00 dumping fee based upon the terms contained in the bid specifications and proposal, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of
BE IT FURTHER
RESOLVED, that the Town Board of the Town of
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
BURNING PERMIT FEE
Mr. O’Connor stated some time ago we changed what had been for many years a free burning permit to a $25.00 fee. I had some people come to me saying they didn’t know there was now a charge. They accepted the change and it was not our intention to charge the people $25.00 each time they renewed the permit. We meant for it do be $25.00 annually. The permit must still be renewed every month.
Mr. O’Connor introduced the following Resolution for Amendment of Schedule of Fees:
R-0508-11
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
WHEREAS, said Schedule of Fees may be amended from time to time by resolution of the Town Board 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” as attached hereto in order to establish a policy concerning fees for disabled persons, 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
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.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 16
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 pursuant to 6 NYCRR Part
617.7 issues a NEGATIVE Determination of Significance, and
BE IT FURTHER RESOLVED that the fee for the initial burning permit pursuant to Section 68-10 in any calendar year shall be established as $25.00; and
BE IT FURTHER RESOLVED that monthly renewals for a burn permit within that same calendar year which are made by the original property owner requesting the initial burn permit, and for the same property on which the initial burn permit was issued shall be exempt from an additional $25.00 burning permit fee, and
BE IT FURTHER RESOLVED, that other fees shown in the Schedule of Fees shall remain unchanged and in effect.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
LOCAL LAW TAXIS AT TRAIN STATION – DISCUSSION
Mr. O’Connor stated we have had
a request to put a taxicab stand down at the
Mr. Curtiss stated they want to be able to park at the train station and do they want to have a booth there or do they want to be able to pull up and park.
Mr. Griffin stated they want to be able to solicit.
Mr. O’Connor stated I presume they would need some sort of signage.
Mr. Curtiss stated is there a fee or do you want this to be a Local Law.
Mr. O’Connor stated what kind of permit do they need.
Mr. Curtiss stated they usually get a permit from the local municipality to park.
Mr. O’Connor stated we would have to discuss that with the railroad. We wouldn’t want to take parking spaces away where they are needed.
Mr. Curtiss stated you will have to discuss it with the MTA as part of the process. They have set regulations that they will make you conform to so everyone is uniform.
Mr. O’Connor stated if you could find out exactly what they would need as far as permits and what the fees would be I will get in touch with the MTA and speak to them.
Mr. Curtiss stated ok.
Mr. Mike Semo stated would that sign contain something on the order of Taxi/Limousine.
Mr. O’Connor stated if you mean car service, no. We are not talking about people who
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 17
hired a limousine to use the space. We are thinking of just a taxi stand.
Mr. Semo stated they have a taxi stand at the train station in Brewster.
Mr. Kassay stated there are
places in
Ms. Tammy Smith stated I live on Front and First Streets and parking is already an issue there because of the café and the post office. Now we are going to allow taxi’s to park there. I think it is an issue already. You people are worried about the loitering and neighborhood watches and allowing taxis to park there and sit there I don’t think this is helping the situation at all. I want people to get off the train and go. I don’t want to look at a taxi stand outside my back door.
Mr. O’Connor stated I know but if there was a cab waiting they would get off the train and go.
Ms. Smith stated I think they do
get off the train and go. I never see
anyone hanging around looking for a taxi.
We already have a number of issues on
Mr. O’Connor stated I know I see it when I drive down by Magnolia’s.
Ms. Smith stated I don’t think
any of you have young children who live right in the Hamlet but I have
two. I see Town employees, residents and
people attending those programs at the
Mr. O’Connor stated nothing is
as simple as it sounds at first. I never
heard of complaints of speeding on
Ms. Smith stated I have called the Sheriff’s Department and asked them to come and sit at Metro North. Normally if you see a Sheriff’s car you are going to slow down. You are welcome to sit in my driveway on any given day and you will see them speeding.
Mr. O’Connor stated we haven’t received complaints because there are so few residents there.
Ms. Smith stated you put stop
signs on
Mr. O’Connor stated if you put stop signs on street A people will go to street B so we will have to do something about street B. He thanked Tammy.
Mrs. Nacerino stated I think your points are well taken and I think the consideration for this Board should be based upon whether this request comes from the commuters themselves or the owners of the taxicabs and I think it is the owners of the taxicabs.
Mr. Kassay stated the
Supervisor’s office will send a letter to the Sheriff and State Police advising
them of the complaint we received here tonight about speeding in the area
including school buses. We may also have
to address the issue of stop signs on
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 18
Ms. Amy Lagan stated my Mother
lives on
Mrs. Nacerino stated a few
months back Mr. DeStefano was here and expressed the same sentiment that you
have tonight and it was my suggestion then that he write to the Supervisor of
Transportation of the
SENIOR’S REQUEST – TRIP
Mr. O’Connor stated we have a
request from the senior’s to obtain a bus trip under their budget. We have three prices for transportation for
the Annual Statewide Senior Outing, which will be a big event. It is held on
Mr. O’Connor made a motion to authorize to hire a bus from JTR and to pay out of the budget for the Seniors of Putnam Lake and Patterson for a total of $791.00.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Ms. Lagan stated we asked for $180.00 for signage for our neighborhood watch to keep our neighborhood safe and you turn around and pay $791.00 to pay for the seniors to go on a bus trip. Why can’t they pay for it.
Mr. O’Connor stated the Senior
Citizens group in
Ms. Lagan stated that is in our Town budget.
Mrs. Nacerino stated yes.
Ms. Lagan stated then we need a neighborhood watch budget.
Mr. O’Connor stated we do. I said before I would be supportive of more rather than less neighborhood watches.
Ms. Lagan stated where are they going on these bus trips, casinos.
Mr. O’Connor stated they go to various places.
Mr. Griffin stated this trip is
to
Ms. Lagan stated this is an absolute abuse of our taxpayer dollars. I am disgusted by it.
Ms. Rizzo stated she seconds that.
Ms. Lagan stated the
Mr. Griffin stated we had an opportunity to put a full-time person in charge and it didn’t get approved.
Ms. Lagan stated you blew it.
Mr. Griffin stated just keep in mind who voted it out.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 19
Ms. Lagan stated we do.
Mr. Kassay stated we also have
to keep in mind what the expense is. Speaking
of the seniors, we will have to find how much the Town spends on the luncheons
they give them. The Golden Age Seniors
just sent a letter commending the work that the people in the
Ms. Lagan spoke but unable to transcribe.
Mr. Kassay stated I raised four daughters and I didn’t let them play in the street and I didn’t let them play where it was dangerous. I as a parent took one hundred percent responsibility for my children and their safety. In this day and age in this Country, some of the younger parents should consider taking full responsibility in taking care of their children. We wouldn’t have the problems today if that was the case. That is my opinion as a father.
Ms. Smith stated just so you know, I am a young mother and I do pay attention to my children and I’ll tell you right now Front and First Streets are a problem.
Mr. Kassay stated good for you, I’m proud of you. It is not the Town’s job to address this problem, it is the police department. Get you neighbors and friends to call them everyday five times a day.
Ms. Smith stated you approved to let the restaurant Magnolias to go in there.
Mr. Kassay stated what is wrong with commercial business in this Town.
Ms. Smith stated it is not a problem but the parking is an issue.
Mr. Kassay stated you will have to address that issue with the Planning Board. They approved the site plans on that. Go to the right agency to make your complaint.
Ms. Smith stated to live in the Hamlet I would hope that my children could ride their bike on the sidewalk.
Mr. Kassay stated maybe you can’t in that location. Not every location in this Country is as safe as the next one. You have to guide yourself as to what you do with your children. If a crime is being committed or speeding is occurring on your street you have the right as a taxpayer to call the police twenty five times a day if you feel it is necessary to rectify the problem. Don’t take it out on the Town Board we are trying to be helpful to you.
Ms. Smith stated don’t take it out on me as a parent either.
Mr. Kassay stated I addressed you as one parent to another. That was my opinion as a Father. You don’t have to agree with it. I didn’t address you as a Town Board member.
Ms. Christina Rizzo stated no disrespect to what you were saying, but my question goes back to spending that kind of money for the seniors to take a bus trip when as an ex-employee of the Recreation Center they do pay a fee for the luncheon, do they pay any kind of a fee for the bus trip or are we funding the whole thing.
Mr. O’Connor stated for this event they are paying $25.00 for the ticket for the Statewide Seniors get together.
Mr. Griffin stated they are not paying anything for the bus ride other than the gratuity to the driver.
Ms. Rizzo stated and you feel that is a good way to spend our money.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 20
Mr. Kassay stated for the senior citizens, without a doubt. They paid their dues to society. The least that society could do is take care of them and I am for them one hundred and ten percent.
Ms. Rizzo stated I am not saying we shouldn’t take care of our senior citizens but spending $800.00 seems like a lot. This is my first Town Board meeting how many times a year does this transpire.
Ms. Nacerino stated they take a few bus trips throughout the year. It is something that is in our budget within our consideration. Every community has something very similar in their budget as well. It is not just the taxpayers in Patterson in the County of Putnam that are funding activities for the senior citizens this is something that is universal throughout the United States and certainly Westchester and Putnam.
Ms. Rizzo stated ok are you going to give them a budget line for neighborhood watch.
Mrs. Nacerino stated I think the point has to be reiterated once again, we are not opposed to the $180.00 for the signs what we are saying is that the point of consideration is if we do it for one neighborhood we have to do it for all. I don’t know how to make that any clearer for people to understand it or except it.
Audience members and the Town Board continued to discuss the above.
PATTERSON ROTARY REQUEST-WAIVER OF FEES
Mr. O’Connor stated the
Patterson Rotary and Brewster Interact Club would like to request a waiver of
rental fees at the
Mr. O’Connor made a motion to allow the seniors to have
their Senior Prom and to waive the fee for the room at the
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
ERNEST KASSAY
HIGHWAY SUPERINTENDENT’S
LETTER –
Mr. Kassay stated I have a
letter dated
VACATION/PERSONAL DAY REQUEST
Mr. Kassay made a motion to grant a vacation day and personal day for
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
TOWN CLERK REQUEST
Mr. Kassay stated that Antoinette Kopeck, Town Clerk is requesting from the Town Board an appointment to the Town Clerk’s Office.
Mrs. Kopeck stated I would like to appoint Eileen Seirup as
a part-time
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 21
Clerk at $13.50 per hour
starting on
Mr. Kassay stated we know you have the money in your budget and we thank you for notifying the Board of your intensions.
EXECUTIVE SESSION-PERSONNEL/LEGAL
Mr. Kassay stated I would like to defer my Executive Session-Personnel/Legal to the end of the meeting.
GINNY NACERINO
RECREATION REQUEST-SUMMER HOURS-DISCUSSION
Mrs. Nacerino stated I received a memo from the Recreation Supervisor, Jeanne Scigliano with regards to summer hours. I will read it into the record.
We seem to have a unique
situation here at the
Mrs. Nacerino stated the
question for discussion is whether or not our summer hours are applicable to
the full-time employees down at the
Mr. Curtiss stated it is becoming a problem. The State Comptroller has started to rule that in essence the only way you can create summer hours from 9-4 is to shorten the workday and you would have to pass a resolution. It comes to forty-five hours a year and you would have to take that and state they are only going to work two thousand hours and shorten the hours otherwise you are giving them a benefit that they are not entitled to under their Personnel Policy or under the labor agreement. You can make the hours 8-4. It is a very complex issue. Some Towns have gone to an 8-4 workday, but it’s not very popular or they have shortened the work year. They figure out that one hour for the two months and they say they will work a shortened work year.
Mrs. Nacerino stated this would apply to all employees.
Mr. Curtiss stated yes, once you pass it for one it has to be uniform for everybody. That is something you should think about. It has been a policy by the County and has recently been brought up by the Comptroller because there was an inquiry about it.
Mrs. Nacerino stated could there
be a separation for
Mr. Curtiss stated yes, because
the nature of the job is different. The
Mr. Griffin stated we never provided that benefit to the Highway or Sanitation Departments.
Mr. Curtiss stated right, the union employees never had that benefit.
Mrs. Nacerino stated they are CSEA union contract workers. We are talking about
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 22
clerical workers here versus
clerical workers at the
Mr. Curtiss stated yes. You can classify different work responsibility if the building is closed. You would have to amend your Personnel Policy to reflect different job classifications.
Mrs. Nacerino stated this is a little difficult because we don’t have anything in our Personnel Policy that addresses this. I don’t know how we can act on something that we don’t have written policy on.
Mr. Curtiss stated you can’t. You will have to set policy.
Mrs. Nacerino stated this is basically a mute point for this summer because our policy doesn’t stipulate one way or the other.
Mr. Curtiss stated I don’t think
it addresses the
Mr. Kassay stated is it possible to get that legal opinion in writing.
Mrs. Nacerino stated we might have to revise this for all Town employees.
Mr. Kassay stated is it mandatory that it takes effect this year or do we have some latitude.
Mr. Curtiss stated you have some latitude. It is an opinion; it is not a regulation that you have to do it. It’s their opinion on how you should handle it if you are going to do it.
Mr. Kassay stated when we do the budget in August maybe we could work that in or do whatever action needs to be taken in 2009 and this way we are not disregarding what their opinion is.
Mrs. Nacerino stated if we have full-time workers at the Recreation Center and their hours have no impact on the part-time shift that comes in for the daily operations do we not honor what we honor for Town Hall employees without any written policy defining which direction we are going to take.
Mr. Curtiss stated that is the policy decision you would make.
Mr. Kassay stated we couldn’t address the Recreation employees per the budget but is there a way to give them compensation. If they were supposed to get five hours for that week but the schedule at the center didn’t allow that to take place because of what was going on could they be paid for that time.
Mr. Curtiss stated you can pay them but you are entering a slippery slope. It will be really hard to keep track of. The wiser thing to do would be to set the policy for all the clerical workers the same and then say the needs of the job for the other people that have to be there to staff it is that they have to work a regular day.
Mr. Kassay stated they are going to say it is unfair and we will have grievances on that.
Mr. O’Connor stated well life is unfair.
Mrs. Nacerino stated if we are
giving five free hours to Town Hall employees is it fair not to offer that perk
to
Mr. Curtiss stated the larger issue is do you really have the authority to offer the perk.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 23
Mr. Kassay stated we could also end summer hours.
Mr. O’Connor stated we will have to look into this further and we will wait for the written opinion.
Mrs. Nacerino stated but it won’t take effect for this summer season. With that being said, I would like to make a motion to have summer hours for the Recreation staff be the same as that of Town Hall for this summer 2008 work schedule.
Seconded by Mr. Kassay.
Mr. Kassay stated how are we going to address getting them off an hour before there is a function.
Mrs. Nacerino stated I don’t
know. We can table this but I don’t
think a secretary or a maintenance worker who leaves at
Mr. Kassay stated as long as this is possible to implement. Are you going to table this.
Mrs. Nacerino stated no I made a motion to honor what we honor for Town Hall
employees.
Ms. Lagan stated so twenty hours a month they are being paid and they are not working.
Mrs. Nacerino stated that is
every employee in the Town of
Mr. Griffin stated what the summer hours comes out to is Town Hall employees get an extra week of paid vacation. It comes to forty hours.
Mrs. Nacerino stated the fiscal
impact isn’t on the shoulders of the three or four full time employees at the
Ms. Lagan stated why don’t you just table this until it is clear. It’s obviously not clear.
Mrs. Nacerino stated whatever
works this summer will go across the board for all employees. I don’t think by virtue of time that we will
have our Personnel Policy in place and adopted before
Mr. O’Connor stated what does the Personnel Policy state in regards to summer hours.
Mr. Curtiss stated it says “summer hours for Town Hall employees”.
Mr. O’Connor stated then what we are doing is amending it.
Mr. Curtiss stated yes.
Mr. Griffin stated we have two more
meetings until
Mr. O’Connor stated I don’t think we can amend the whole Personnel Policy.
Mrs. Nacerino stated that’s my point. Can we do this before this summer.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 24
Mr. Griffin stated absolutely,
we have two more meetings until
Mrs. Nacerino stated you are going to selectively amend one clause in the Personnel Policy.
Mr. Griffin stated sure, we have done it many times before.
Mrs. Nacerino stated I will withdraw the motion and table this until the next meeting.
ACCEPT LETTER OF RESIGNATION – GENTILES
Mrs. Nacerino stated I received
a letter of resignation from Bob and Wendy Gentile the Interim Directors at the
Mrs. Nacerino made a motion to accept their letter of
resignation. I would like to go on
record and thank them for the wonderful job that they did and the time that
they dedicated to the Town of
Seconded by Mr. Kassay.
Mr. Kassay stated I concur wholeheartedly and thank them for everything.
All In Favor: Aye. Carried.
APPOINT ASSESSMENT CLERK
Mrs. Nacerino introduced the following Resolution to Appoint Assessment Clerk for a salary of $34,000.00;
R-0508-12
WHEREAS, the Town Board of the
Town of
WHEREAS, the Town Board of the
Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints AMANDA TOMPKINS to the position of Assessment Clerk, and
BE IT FURTHER RESOLVED, that the
terms of AMANDA TOMPKINS’ employment shall be as set forth in the job
description as approved by the Town Board in establishing the position, the Personnel
Policy of the Town of
Seconded by Mr. Kassay. All In Favor: 4. Opposed: 1.
FOIL
Mrs. Nacerino stated the last couple of weeks we have had some discussions and conversations in reference to the Open Meeting Law, which is commonly known as the Sunshine Law. It is the Town’s ability to process FOIL requests electronically and I would like to share with the Board that there was a law enacted in 2006, which was sponsored by Senator Leibell, Senate No. 5668A and George Laddamer from the Assembly, Assembly Bill No. A7993. This was signed by the governor and enacted into law. To recap I will read what the law states; All entities provided such entity has reasonable means available except requests for records submitted in the form of an electronic mail and shall respond to such requests by electronic mail using forms to the extent practicable and consistent with the forms developed by the committee on open
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 25
government pursuant to subdivision on of the section and provided that the written request do not seek response in some other form.
Mrs. Nacerino stated I have the entire law from Senator Leibell’s office, which I would like to share with the Board and each department within the Town so that the Town follows the letter of the law and complies as best we can with all the provisions set forth.
MEMORIAL DAY – LT. MICHAEL GUMB
Mrs. Nacerino stated we had a
special guest, Lt. Michael Gumb, that attended the
OTHER BUSINESS
Mrs. Nacerino stated in
reference to the Recreation Supervisor I would like to go on record saying we
did not take action to appoint her as a full-time Recreation Director this
evening. That is something that will
probably go into effect in the near future however, at this time my “no” vote
reflected some of the concerns that I may or may not have pertaining to
full-time appointment. I think that I
would be very cautious to make sure that we have the perfect person to do the
job and that the dynamics are right and we are hiring a person full-time for
the right reasons. It is inevitable that
we do need a full-time person and Jean certainly is a fine Supervisor. She was hired as part-time and the original
plan was on or about
Mr. Kassay stated I concur with everything Ginny said. I was also a "no" vote and feel the same way she does.
Mr. O’Connor stated since we are bringing up this subject again I would like to make a comment. We sought applicants for this job and we interviewed with the Personnel Committee. We hired an outstanding candidate. Ms. Scigliano was clearly the top contender. She met with the entire Board and everyone agreed. I didn’t agree with making her a part-time employee but I went along with everyone else. The last thing Bob and Wendy Gentile said was that Jeanne Scigliano is outstanding and we should make her full-time as soon as possible and I agree with them.
Mr. Kassay stated I never interviewed any person for the Recreation Director. I feel as though Jeanne was hired as a Recreation Supervisor part-time and that involved a six-month probation. There are reasons why I voted “no.” If those issues become clear and are rectified I will revisit that situation.
Mr. Capasso stated I think Mr. Kassay and Mrs. Nacerino said it all, I agree with them.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 26
Mr. Griffin stated I totally disagree with them. I think we made a huge mistake this
evening. We have an absolutely
outstanding candidate and we all recognize the fact that there are significant
leadership issues at the
Ms. Lagan stated I came here tonight for this vote. I have asked time and time again for this
Mr. Griffin stated about three million dollars.
Ms. Lagan stated and we can’t pay a highly impressive candidate $58,000.00 to pull that place out of the trenches.
Mrs. Nacerino stated yes we can and nobody said we are not.
Ms. Lagan stated you voted “no.”
Mrs. Nacerino stated we voted “no” to make the position full-time at this time. It doesn’t mean two weeks from now we won’t put her in full-time. I have some serious concerns that I will be discussing in Executive Session.
All parties continued to discuss the problems with the
Mrs. Nacerino stated on a lighter note, I would like to wish Mr. Capasso a belated happy birthday, which was yesterday, and Mr. O’Connor who has a birthday tomorrow.
Mr. Griffin stated we received a request from the Planning Board awhile back about Special Counsel. I spoke with representatives from Drake Sommers Lowe today, they have done work for the Town in the past, and I think they are an exceptional law firm. Jim Lowe is widely recognized as one of the premier land use attorney’s in the State. He lectures, teaches and he does a lot that would be very beneficial for our purposes. They will work for $175.00 per hour, which is a fairly reasonable rate for lawyers.
Mr. Kassay stated which project are you referring to.
Mr. Griffin stated the Planning Board has requested Special Counsel for Patterson Crossing. We spoke with a number of different people. The Town Attorney’s office recommended Greg Folchetti but he is very small and we were looking for a larger law firm. We spoke with Rick O’Rourke and his prices were considerably higher. I would be very comfortable with Drake Sommers Lowe.
Mr. Capasso stated I had a recommendation, were they looked at.
Mr. Curtiss stated I don’t know.
Mr. Capasso stated I gave it to Jennifer Herodes.
Mr. Curtiss stated I apologize I will check with her.
Mr. Capasso stated I will get it to you again if you need it.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 27
Mr. Griffin stated the Planning Board is looking for an appointment two weeks ago.
Mr. Capasso stated we just got the letter tonight. I asked Mr. Williams a couple of weeks ago and he never gave me anything.
Mr. Griffin stated we had discussion two weeks ago about whether the Planning Board was going to make a recommendation.
Mr. Williams stated Mr. Capasso you’re right, I apologize.
Mr. Griffin stated if you want to sit on this for another week, that’s fine.
Mr. Capasso stated I don’t want to sit on anything, I just think I am being snowballed.
Mr.
Mr. Kassay stated if this just came across the Board now I agree with Mr. Capasso that we should wait to vote on it. I would like to hear what the attorney’s have to say about the firm Mr. Capasso just recommended. In all fairness, this is dated today.
PUBLIC RECOGNITION
Mr. Dan Kutcha stated Mrs. Nacerino I would like to thank you for putting FOIL on your agenda and doing research on it. Sounds like you did more research than I have. I didn’t know Senator Leibell was one of the original sponsors for electronic FOIL amendment. Has anything been changed.
Mrs. Nacerino stated I plan to write a cover memo with a copy of this law, circulate it to every department, and hope that every department complies with the letter of the law. It is a law, it’s not a bill and it’s not in limbo. It was passed into law in 2006. What I am bringing forth tonight is awareness. That is my expectation.
Mr. Kutcha stated one of the issues that I have been having and Ms. Kopeck is very familiar with this, is when I make a FOIL request and I request it to be sent by electronic means, I run into this issue that the Town Clerk’s office does not have the document electronically. According to the law, your job as Records Officer for the entire Town is to coordinate the Town’s response, which means you would have to go get the electronic record from the Planning Department or whatever department may have it. I run into some issues there. Is that something that is going to change.
Mrs. Nacerino stated first of all I think Ms. Kopeck was one of the first departments to be proactive in setting up an email address specifically for FOIL’s, so I commend her on that. I think that cooperation is mandatory and if there is a means to transmit electronically I can’t even see why anyone would want to stand at a Xerox machine when all they would have to do is attach an email and forward it to who ever makes the requests. We would be making more work for ourselves rather than less.
Mr. Williams stated Mr. Kutcha has asked for the Public Hearing notice but he doesn’t want the Public Hearing notice that we published in the paper he wants what is coming right off the computer. We are more than happy to give the Public Hearing notice……
Mrs. Nacerino stated I am not addressing the specifics of his request.
Mr. Williams stated I just want to be clear as to what he is looking for. He wants the Public Hearing notice that was typed by my secretary.
Mrs. Nacerino stated what is the difference.
Mr. Williams stated one is published in the paper.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 28
Mr. Kassay stated they are not identical.
Mr. Williams stated they are not identical. One is a work product that goes into the paper and one is what is published in the paper that Ms. Kopeck gets a copy of. We are more than happy giving him the Public Hearing notice but he doesn’t want that one. We have offered to give it to him in many different ways. He wants the one off the computer. That is what is going on here.
Mr. Kutcha stated to a large extent what Mr. Williams just stated is true. However, the document that he types up on the computer that is sent to Putnam County Press is a public record that I am entitled to. That same document appears published out on the bulletin board in Town Hall. That is a public document. I would like to get these public documents before the meeting. They used to be available before on the web site so I tried foiling them before the meeting. The documents that come back from the printer come back weeks after they have been published in the paper. They come back as a hard copy like a photocopy so therefore it is not something you can FOIL electronically.
Mr. Griffin stated why don’t you just pick up the paper, it’s free.
Mr. Kutcha stated it is not that easy. If it is a public document, I am entitled to FOIL it and you have to respond.
Mr. Williams stated if we convert them to an OCR system, which we could do and I drafted a memo to the Board regarding this and I have also had a conversations about it. We can do that, but once we start doing that I am going to need another full-time person in my office because all the documents in the Patterson Crossing file are entitled to be FOILED electronically at zero cost. I have no problem implementing that.
Mrs. Nacerino stated yes they are. That is the law of the State of
Mr. Williams stated I understand but the laws of the State
of
Mrs. Nacerino stated right.
Mr. Williams stated I am telling you right now I do not have the capabilities to send the staff that I have to respond to all the FOIL requests that we are going to get six months from now if we let everyone in this Town know, and I’m not saying we shouldn’t, that they are entitled to any document that I have in that office.
Mrs. Nacerino stated the capabilities are determined by supply and demand. You are making an assumption that you are going to be barricaded with FOIL requests. The bottom line is no one in the Town Hall should be resistant to sending something electronically if it is a feasible way to do it. We have to step up and strive to serve our constituents the best way we can.
Discussion continued on FOIL requests.
Mr. Robert O’Dell stated Mr. Curtiss do you see yourself in a conflict with representing Kent and Patterson over the same matter.
Mr. Curtiss stated yes, are you talking about Patterson Crossing.
Mr. O’Dell stated no I am talking about the resolution regarding the Real Property Services Refund.
Mr. Curtiss stated no, it’s not really a
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 29
Mr. O’Dell stated are you telling
Mr. Curtiss stated yes. Both Boards’ have the same issue that they would like to return as much money as they could (inaudible).
Mr. O’Dell stated what are you going to advise. Are you going to tell them to split the difference and both Town’s send in half.
Mr. Curtiss stated yes. They are requesting the same amount of money from both Town’s.
Ms. Adrianne Kavelle stated the Putnam Lake Community
Counsel brought up in their newsletter a
Town Board Members stated that they will be willing to set up a meeting.
EXECUTIVE SESSION
There being no further business, Mr. Griffin made a motion to go into Executive Session at
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino made a motion
to close Executive Session at
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
Mr. Joseph Capasso made a motion to set Jeanne Scigliano’s hours to no more than twenty-four hours per week.
Mr. Griffin stated ok that is over part-time hours.
Seconded by Mr. Kassay.
Mrs. Nacerino stated we will cap her hours temporarily at twenty-four hours per week.
Mr. Kassay stated she has seventeen and half hours a week and we will need to know why she will be doing twenty to twenty-four hours per week. We should also have her make a log so we can review it that way.
Mr. Capasso stated I wish I had the time to spend down there.
Mr. Griffin stated maybe you should make the time.
Mrs. Nacerino stated maybe she could make a log for anything over the seventeen and half hours. I think it would be unfair to have her make a log for all the hours. We don’t want her to think we have no faith in her.
Mr. Kassay stated that is fair.
All In Favor: Aye. Carried.
PATTERSON TOWN BOARD MAY 28, 2008 PAGE 30
There being no further business, Mr. O’Connor
made a motion to adjourn the meeting at
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK