PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NY 12563
JUNE 23, 2010
MINUTES
PRESENT: MICHAEL GRIFFIN, SUPERVISOR
KEVIN BURNS, COUNCILMAN
JOSEPH CAPASSO, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
EDMOND O’CONNOR, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
TIMOTHY CURTISS, TOWN COUNSEL
Salute to the Flag and Roll Call.
Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 15 in attendance.
AUDIT OF BILLS
Mrs. Nacerino made a motion to accept the Abstract as written:
General Fund $73,368.01, Highway Fund $31,105.29, Waste Water Treatment Plant $11,680.11, Capital Fund $18,634.18, Putnam Lake Light District $541.17, Patterson Light District $22.88, Patterson Refuse District #2 $7,738.62, Deerwood Drainage District $15.51, Patterson Park District $1,782.58, Alpine Water District $1,652.64, Dorset Hollow Water District $645.67, Fox Run Water District $1,277.73, Trust & Agency $32.50, Grand Total Abstract $148,496.89.
Seconded by Mr. Capasso. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes. Carried.
GINNY NACERINO
RELAY FOR LIFE
Mrs. Nacerino stated on Saturday, June 12, 2010 the Patterson Fire Department hosted the American Cancer Society’s Fund Raiser Relay for Life. Two dozen cancer survivors took the initial lap around the fairgrounds. It was quite emotional to see the men, women and children but I was glad that I was there to witness such a testimony to life. Over 400 people attended and $52,000.00 was raised with more contributions coming in. As a resident I am proud of our Town hosting such a wonderful event for such a worthy cause. Helping one another defines us as a community and brings out the best of who we are. I would like to thank the Patterson Fire Department for hosting the event and to the best of the best who brought this event to fruition: Tammy Smith, Diane Frasinski, Amy Lagan and Willa Wright and to all the organizers of the teams, the participants and the donators. I’m also proud to say the Relay for Life will become an annual event in the Town of Patterson.
TANNINI RESOLUTION
Mrs. Nacerino introduced the following Resolution for Acceptance of Grant of Drainage Easement with Tannini:
R-0610-02
WHEREAS, the Town of Patterson is desirous of entering into the attached Grant of Drainage Easement with Edmund and Victoria Tannini in order to eliminate the flow of water from Freemont Road from depositing onto the Edmund and Victoria Tannini’s property; and WHEREAS, the Town Board has reviewed the attached Grant of Drainage Easement prepared by Curtiss & Leibell, P.C., Town Attorneys for the Town of Patterson and wishes to accept the same; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Grant of Drainage Easement with Edmund and Victoria Tannini and any and all other documents necessary to give effect to this resolution.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino stated I would also like to respectfully add one item to my agenda. This memo was just delivered today from Gene Brandon:
As in years past we have a request from David Keith, Supervisor of Maintenance and Construction for Putnam County Highways & Facilities for a small dump truck load of firewood to be brought to the Putnam County Veterans Memorial Park, on Gipsy Trail Road., in Carmel for the Annual Putnam County 4H Fair taking place on July 23-25, 2010. The wood is just dumped off and the fair staff stacks it. The firewood is used for the chicken BBQ. We would like the Board’s cooperation in continuing the donation of fire wood to this great community organization. Thank you.
Mrs. Nacerino made a motion to authorize Gene Brandon to allow David Keith to pick up fire wood for the purpose of the Putnam County 4H Fair.
Seconded by Mr. O’Connor.
KEVIN BURNS
TIME OFF REQUESTS
Mr. Burns made a motion to approve two time off requests as written.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
BUDGET TRANSFERS
Mr. Burns made a motion to approve Transfer Request No. 21 for Recreation Center Program as written:
Recreation Center Program Personnel transferring $55,000.00 from Personnel Services to various programs that are running including softball, ski, sports, bowling, camps, concessions, special events, youth and seniors programs.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried
Mr. Burns made a motion to approve Transfer Request No. 22 for a personnel contract as written:
From: A.7140.100 Recreation – Personal Services ($7,000.00)
To: A.7140.400 Recreation – Contractual $7,000.00
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
MASTER PLAN DISCUSSION
Mr. Burns stated this will probably be discussed under Mike’s agenda under Zoning Timetable Discussion. One of the first things I spoke about as a Councilman on this Board was updating our Master Plan. We have a Master Plan in the Town that provides for zoning throughout the Town and projections of where there is going to be developments, and what we are looking for development in this Town to be. The Master Plan as it is now is outdated. It is 10 or 15 years old now and it needs to be updated. The first step in doing that is having a joint meeting of the Planning, Zoning and the Town Board. As a result of our discussions regarding the zoning time table regarding the Clubs and Research and Development discussion, I would ask that if we are going to schedule a joint meeting that we also put on the agenda some initial discussion regarding the Master Plan.
Mr. Griffin stated I have no objection.
Mr. Burns stated we are looking at that meeting happening on July 26th or 30th or possibly the week before that.
EXECUTIVE SESSION PERSONNEL
Mr. Burns stated I will defer my Executive Session Personnel until the end of the meeting.
JOSEPH CAPASSO
HIGHWAY DEPARTMENT EQUIPMENT DISPOSAL DISCUSSION
Mr. Capasso stated we have used equipment no longer needed at the Highway Department. We are cleaning everything out and getting rid of unused equipment. Five years ago they did the same thing and they had a bid opening. I think that is what we are going to do again this year.
There are 25 items that will be up for bid.
Mr. Capasso made a motion to have Antoinette Kopeck, Town Clerk advertise for Monday, July 12, 2010 at 2:00 p.m. at the Town Hall.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mrs. Nacerino stated just as a side note I would like to add that Joe went down and viewed all the equipment that will be put up for auction and Kevin and I also went to review it and see all the equipment. We have collectively decided that this would be the best for the Town.
Mr. Capasso stated we will have to discuss whatever doesn’t go on auction what we will do with those items.
Mr. Burns stated how are we going to allow them to do the inspection.
Mr. Capasso stated I wasn’t here five years ago when they did it.
Mr. Curtiss stated the equipment can be viewed during office hours at the Highway Garage. They can check in with the secretary and then go and view it.
Mr. Burns stated right now it is somewhat spread out. There would be security issues because we didn’t want people just wandering on the property with the state of affairs down there right now.
Mr. Capasso stated they would have to make an appointment.
Mr. Burns stated it would be helpful if we made it by appointment. They should call Marguax and make an appointment.
Mr. Capasso stated I made them put it all in one spot so they are not walking all around.
Mrs. Nacerino stated I’m sure they will be escorted by a member of the Highway Department as we were when we went down there.
Mr. Capasso stated they made a good amount of money the last time they did this. Tim if we sell this equipment and someone takes it off the property and they put it on the road again and it gets into a fatal accident is there any recourse to us.
Mr. Curtiss stated when we sell it and the bill says “as is” that is it.
Mr. Burns stated the key issue is “as is”. I actually argued a case in the Court of Appeals on that issue. There is an issue as to whether a seller of used equipment is subject to strict products liability in New York. It is an open issue in New York.
Mr. Capasso stated for a previous owner. I know Pepsi and Coca Cola will not sell their trucks.
Mr. Burns stated if we were deemed to be a seller of used equipment potentially that is an open issue of law in New York State where strict products liability could attach.
MICHAEL GRIFFIN
APPOINT TOWN JUSTICE RESOLUTION
Mr. Griffin stated on Monday we interviewed three very good candidates for the position to fill out the remainder of this year due to the passing of Roger Tricinelli. All three candidates interviewed very well. I thought they were all well qualified. Based on the experience levels of the individuals that we discussed at this time I would like to appoint Anthony R. Mole´.
Mr. Griffin introduced the following Resolution for Appointment of Anthony R. Molé as Town Justice:
R-0610-03
WHEREAS, the Town Board of the Town of Patterson wishes to appoint a Town Justice to fill the vacancy resulting from the recent passing of the Honorable Roger A. Tricinelli, such appointment will expire on December 31, 2010; and
WHEREAS, Anthony R. Molé, Esquire, wishes to be appointed as Town Justice and has submitted his resumé for the Town’s consideration;
WHEREAS, the Town has conducted interviews for the Town Justice position and has determined that Anthony R. Molé, Esquire is the most qualified candidate to serve as Town Justice; and
WHEREAS, the Town Board of the Town of Patterson wishes to appoint Anthony R. Molé, Esquire as Town Justice, said appointment shall become effective immediately and shall continue through December 31, 2010.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Anthony R. Molé, Esquire as Town Justice of the Town of Patterson to fill the vacancy through December 31, 2010; and
BE IT FURTHER RESOLVED that the appointment of Anthony R. Molé, Esquire as Town Justice shall become effective immediately and shall continue through December 31, 2010; and
BE IT FURTHER RESOLVED, that the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns: no; Mr. Capasso: yes; Mrs. Nacerino: yes; Mr. O'Connor: yes; Mr. Griffin: yes. Carried.
Mrs. Nacerino stated I would like to echo Supervisor Griffins comments regarding the candidates. Each of them possessed a strong ability and commitment to our community. All the candidates are outstanding and had an impressive background making this a very tough decision to make while taking all of this into consideration, for me the factors that contributed to my decision to select Anthony Mole´. As a past member of the Zoning Board of Appeals and presently the Town Board, I have had the opportunity to work and know Anthony when he was our Town Attorney. He is familiar with zoning and land use issues and our Town Code. He has integrity and is well respected by the Town Board, Planning Board and the Zoning Boards. Anthony possesses a professional demeanor at all times and he is intelligent and articulate. Becoming a Judge in a small Town and dealing with issues affecting people’s lives is no easy task. It also requires one to be somewhat compassionate and empathetic while still working within the frame work of the law. I believe Anthony Mole´ will make a wonderful Judge and I am delighted to second the nomination.
Mr. Burns stated briefly just an explanation for my opposing this. While I believe Mr. Mole´ is qualified, there were three candidates who were interviewed. One of them was Scott Auster. It is my personal belief that Scott Auster based on his experience and his involvement in the community was more qualified than Mr. Mole´. Anthony I think was admitted to practice in 2000 so he practiced for about 10 years and Scott Auster I believe has been in practice for about 34 years. He’s practiced not only in the Justice Courts, the Appellate Division and has extensive Federal Court experience. He also has involvement in the communities. He is head of the Board of Directors at Camp Herlich, he’s an Umpire for Little League and he is a member of the Patterson Little League and a coach as well. It’s not that I believe Mr. Mole´ would be unqualified I just felt Scott Auster, in my book, had a little bit of a leg up based on his years of experience.
ZONING TIMETABLE - DISCUSSION
Mr. Griffin stated we have a memo from the Town Planner that talks about the proposed zoning amendments for Clubs and Research facilities. On the second page of the memo Rich laid out a time frame for task accomplishments so that we can stick to the Moratorium Interim Development Law as opposed to having to extend it. Has everyone had an opportunity to look at this.
July 14, 2010 Draft Local Laws are prepared and distributed for review. Referral made to the Planning Board.
July 26-30, 2010 Meeting between the Town Board, Planning Board and Zoning Boards to discuss local laws.
Mr. Griffin stated we need to discuss setting that date tonight.
August 5, 2010 Planning Board issues report on proposed Local Laws.
August 11, 2010 Set Public Hearing on Local Laws for Research and Development Facilities and Clubs for September 15, 2010. Refer Local Laws to Putnam County Department of Planning and Development. Send notice to adjacent municipalities.
September 15, 2010 Public Hearing on Local Laws for Research and Development facilities and Clubs.
September 29, 2010 Local Laws adopted, or second Public Hearing is scheduled for October 13, 2010.
Mr. Griffin stated we should discuss when we can set the meeting. Kevin would like to do it the week of July 19th through the 23rd.
Town Board members agreed on July 20, 2010 to have the meeting.
Mr. Griffin stated Mr. Williams, Mr. Curtiss and myself met with Mr. Steinman. We have a draft memo from that meeting. Please take a look at the memo. Mr. Steinman had a number of questions. Based on Mr. Williams memo one of the things we spoke about was he would like a list of things we would prefer not to have in terms of Clubs. There was a discussion about where to allow them acreage size set-backs, parking and lighting standards. Basically clarify definitions so they are consistent without. Road access, whether they be neighborhoods, cul-de-sac limited to collector roads, major roads or local streets. We need to address something in the code regarding lots that are split by municipal borders. For example; if someone wanted to get access for a Hunting Club through Patterson and the bulk of the property was in Dutchess, it could have a potential negative impact on neighborhoods in Patterson where the traffic would be ours and the rest of the activity would be in another County or State. Indoor facilities and outdoor facilities and limits of indoor activities versus outdoor activities and Research and Development were allotted the same type of questions to what types of activities we would want indoors versus outdoors. The memo lays a lot of this out. We will try to get this memo posted if the Board is acceptable with that and we can get it up on the website so everyone has an opportunity to see what the initial conversations were about. I would like to bring this up at the next Town Board meeting to start getting the Board’s input and fill in the blanks. I would be more than happy to update you on more detail but I think Rich covered it very well in the memo.
COVINGTON GREENS SEWER CONNECTION – FOLLOW-UP
Mr. Tim Curtiss, Town Attorney stated we spoke to the Management Association with regards to putting the money up in escrow. They are considering hiring Counsel to help represent them and I told them it was fine. They will let me know who that is so we can draft up an agreement. On the bigger picture of the de-activation of the tanks, I don’t know anything about that.
Mr. Griffin stated does anyone know what we are talking about. As most of you know, we put in a sewer plant we connected in three condominiums that we connected in Front Street, Town Hall, the Recreation Center and Mathew Patterson Elementary School. As it turns out, when Covington Greens was built one unit didn’t get put into the collection systems. They got tied directly into one of the tanks that were subsequently abandoned when the sewer plant was put in. There has been a lot of back and forth about who is going to connect this guy and whose responsibility it is. There was an understanding when we did the agreement that the Town would have no responsibility for the collection system and we would be responsible from the pump station on. In an effort to try and work with the homeowners and the people involved out there, we agreed we would do it but they made the claim that we don’t feel it is our responsibility we feel it is the Town’s. The Town has a different opinion and we asked that they put a required amount of money in an escrow account so that at some point until the matters decided who is responsible and who is not responsible the Town has the ability to get paid should it be determined that we weren’t responsible. Tim has been working with the management company to try and get the escrow issues resolved.
Mr. Curtiss stated he will continue to work on this and keep us up to date.
REED - DISCUSSION
Mr. Curtiss stated we went back to the statute and went through the notice that had been served by the Building Department and it had a couple of technical flaws. One of which it had to be posted on the property and the actual service they did. We had to redraft a notice, posted it on the property and file it as a lean with the County Clerk’s office, which we all did in the last two weeks. They have a 30 to 60 day window to try to comply with whatever would be necessary. We had some discussions with the property owner. They agreed that the house is beyond repair. They would like to try and salvage the store. We told them we would set a hearing in the last meeting in July or the first meeting in August and then have a Public Hearing on it.
Mr. Burns stated is it a hazard right now. I drove by and there was a ladder up and the door was open.
Mr. Curtiss stated yes, the door was open because their son was up looking at the building. He was in there with Nick Lamberti, Building Inspector. We gave him a copy of the engineer’s survey.
Mr. Burns stated so it is secure now. Summer is coming and kids are looking…..
Mr. Curtiss stated when they left it was my understanding that they secured the building.
Mr. Bruce Major stated Mr. Curtiss how long have you been involved with this particular project.
Mr. Curtiss stated the abandoned buildings were started with Nick around April or May.
Mr. Major stated how long has the Town been in court with him.
Mr. Curtiss stated the violations have gone back a couple years at least.
Mr. Major stated has anyone put a fence around their property.
Mr. Curtiss stated no, not to my knowledge.
Mr. Major stated then why would you want to give them an extra month. All you are doing is providing an additional 30 days for someone to get hurt.
Mr. Curtiss stated one of the things that is required is that the property be properly secured. Inaudible.
Mr. Major stated this has been going on for two or three years.
Mr. Curtiss stated at least. Maybe more.
Mr. Major stated I had problems with the D.E.C. with the garage that was falling down across the street. Finally the threat of going to the newspaper got them to come up and put some fencing around it. Safety has to be the issue. I feel bad for the Reed family but the bottom line is if some kid gets in there and they get the minutes of these meetings and read “we will give them an extra 30 days”, I think it creates a problem.
Mr. Curtiss stated it is true. It’s not discretionary it’s under the statute.
Mr. O’Connor stated putting up a fence is not going to keep kids out. It might be better to put heavy orange “Do Not Enter” tape around the building.
Mr. Capasso stated has the building been condemned.
Mr. Curtiss stated not yet. We are in the process of doing it.
Mr. Capasso stated you have to go to court.
Mr. Curtiss stated yes, we have to serve him and file with the County Clerk and do some other things which we are in the process of doing.
Mr. Griffin stated the Town Engineer has determined it to be irreparable, could not be repaired and it needs to be taken down. That has to be a Judge’s decision to allow us to do that.
NAWCA GRANT PARTNERSHIP
Mr. Griffin stated we have a letter from Dr. Utter stating:
I am starting to revise our NAWCA proposal for submission by July 30, 2010. We would again like to have Patterson as a partner in the project. In years gone by we have agreed to loan them our Town Planner and provide them with in-kind services in the amount of $4,500.00.
Mr. Griffin made a motion to once again participate with the Friends of the Great Swamp and agree to their request to apply to North American Wetlands Conservation Act proposal. A partnership contribution from the Town of Patterson and in-kind services in the amount of $4,500.00.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
STERLING PROPOSAL – GAS VENTS
Mr. Griffin stated Paul Fava and I were out on the landfill today and walked the site. It is about 15 acres and has 57 gas vents of which 22 were determined to need repairs or replacement. I have given you a brief selection of photographs to show you some of what you are dealing with. First photo is a minor repair the gas vent is still up but the elbow has been broken off. In the second one there are a number of them that are leaning. As you go through the package some of them are falling down and can’t get up and some were temporarily rewired and falling down again. Some are down and some are gone. We don’t even know where they went. The last picture is one of the vents we found that had no gas vent above ground. We were very fortunate that no one fell in it and got hurt. The company that does our landfill inspections every year, Sterling Environmental has sent us a proposal for an amount of $6,500.00 but that is a guess on their part. I spoke with Paul about it and he thinks it is possible we can accomplish this in house and there are some other things that I would like to try to do in terms of repairs. One of the things that is in Sterling’s proposal is to put posts on either side and wire these things back up. That hasn’t been effective in the past entirely. The other part is that it makes it much more difficult for mowing and maintenance. In one of the pictures you can see there are some trees growing around where the wiring is. Paul came up with an interesting idea of putting a flange around the pipes to give it a little more support and keep the leaves and the growth down. He will research this and we will experiment ourselves and if it is not a big problem we will do it. Sterling will come and inspect it and recertified it prior to the D.E.C. that the repairs are taking place and they are properly operable. I will continue to report back to the Board.
311 SIDEWALKS-WEED CONTROL
Mr. Griffin stated the new sidewalks on Route 311 have become a home for weeds and outstanding growth. I spoke with the Highway Department and we came to the conclusion that using Roundup was not a good way to go about it because of the amount involved. They came up with a great idea with using torches that they use with blacktop and they burned everything off.
Mr. Burns stated it looks great.
Mr. Griffin stated hopefully they will do that once or twice more this year. I just want to go on record to thank the Highway Department for a great job in coming up with a very creative and non-toxic idea that was very effective. Kudos to the Highway Department.
Mr. Griffin stated Brian Benedict came up with a great idea. It came up with a concept for an event at the Recreation Center called “Swinging in Patterson”. It is a World War II Hangar Dance. Basically they will have a swing “40’s” band. Paul will serve dinner. You are encouraged to dress in period custom and come and have a great time. I will be collecting the money. The date is Saturday, November 13, 2010.
EDMOND O’CONNOR
RECEIVER OF TAXES REQUEST-PERSONNEL
Mr. O’Connor stated a slight apology to the Receiver of Taxes. This was put on the agenda as a request but it’s more of a notice. I will read her memo:
Dear Mrs. Kopeck:
Due to the resignation of Cindy Puglisi, I hereby appoint Mary Delanoy, 21 Tivoli Road, Patterson, New York to serve in the capacity of Deputy Receiver of Taxes for the remainder of 2010.
In compliance with Town Law #37, this appointment becomes effective when this written instrument is filed in the office of the Town Clerk. Thank you.
Mr. O’Connor stated we are making this part of the record that this is Mrs. Parfitt’s prerogative to appoint her Deputy Receiver of Taxes.
TOWN HALL EXTERIOR TRIM
Mr. O’Connor stated the Town Hall exterior trim is in need of repair. Paul Fava is doing a lot of the research to get prices.
Mr. Burns stated is this a bid for inspection.
Mr. O’Connor stated to inspect and replace.
Mr. O’Connor made a motion to request for bid proposals for inspection and replacement costs.
ZONING CODE AMENDMENT – BONDS
Mr. O’Connor made a motion for a proposed 154-84-G Performance Security on Private Sites to move ahead on making this change to the Town Code.
Mr. Griffin stated I think that since there are no provisions for temporary CO’s we really need to have some sort of action because we had an example with Guiding Eyes. They were ready to move into the building but hadn’t finished all the landscaping and other issues. I think this would be helpful to have this as an option for homeowners.
Mr. Griffin stated motion has been made and second. All In Favor: Aye. Carried.
OTHER BUSINESS
Mr. Griffin stated I have a memo from Gene Brandon regarding catch basin grates:
I would like to notify you of an issue we are having with catch basin grates being stolen. Two weeks ago there were two grates stolen from Devon Road near the Cornwall Hill Road intersection. At that time the Sheriff was called. Yesterday we got a call that another one was missing off of Devon Road and also off of Danbury Road and Fairfield Drive in Putnam Lake. The Sheriff was again notified. I just ask members of the public to please keep an eye out. If you see any missing grates, please notify the Town immediately. It is a serious hazard to pedestrians as well as vehicles. I wouldn’t want to fall in one of them. They are fairly expensive and cost the Town a lot of money to replace.
Mr. Capasso stated I have a piece of property in Mount Vernon and I had five of them stolen at one time.
Audience member stated what do they do with them.
Mr. Capasso stated sell them for scrap. I have seen in other Towns that they are now chaining them down.
Mr. Griffin stated I missed the last meeting when you discussed temporary employment. What was the outcome.
Mr. Curtiss stated I spoke with Glen Blackman. There is a provision that we have at the Teamsters. I am getting a copy of the Memorandum of Agreement that you wanted to take a look at.
Mrs. Nacerino stated CSEA.
Mr. Curtiss stated he wants to see what the teamsters agreed to in other Towns.
Mr. Griffin stated it’s an ongoing problem because Sanitation is down a guy and so is the Highway Department. We put a lot of extra work on these guys. We need to resolve that really quick.
Mr. Curtiss stated we will.
MRS. NACEIRNO’S ENVIRONMENTAL TIP
Look for outdoor patio furniture made from recycled materials instead of wood or metal. One bench made from recycled material can prevent the equivalent of 2,000 plastic bottles from entering landfills.
PUBLIC RECOGNITION
Mr. Tom Conrad stated I heard at the last meeting there were Federal Agents up here with a subpoena. Is that true.
Mr. Griffin stated yes Sir.
Mr. Conrad stated we don’t know what they were looking for. They are not going to tell us I realize that.
Mr. Griffin stated I can tell you that they subpoenaed records from the Building Department and asked for records from the Planning Department.
Mr. Michael Zarin, Zarin & Steinmetz stated my clients Winding Glades asked me to deliver a statement tonight to the Town Board. I’m sorry it has gotten down to this and I will deliver it as they asked me to and we can go from there. Winding Glades LLC is today withdrawing its application to construct a facility to develop new vehicle technologies that deal with fuel consumption approving automotive dynamics, handing stability. As you know the facility would have been developed no more than 25 acres of its 175 acre property along Route 22 in Patterson. Winding Glades believes that there was a campaign by some to delay the start of the environmental view process long enough so that the Town could enact a moratorium and amend its zoning to include such a Research and Development use on the Winding Glades property. Winding Glades is obviously very disappointed in the treatment it received as a commercial property owner in the Town. It purchased the property that was approved for a far more dense commercial development and proposed what it believed would be a far less impactful use that would leave much of the site undisturbed. The team was prepared to undertake, as you all know, a sophisticated and comprehensive review of the project. From the outset it understood that if it could not establish that the project would meet the Town criteria including mitigating all the environmental impacts that many were concerned about and the application would have been denied. Rather than permitting it to engage the Planning and Zoning Board in a cooperative and public review of the state of the art noise, visual, stormwater and other mitigation measures it was considering, Winding Glades was forced to spend tens of thousands of dollars defending itself against what is sincerely believes was misrepresentations and misconceptions about the project that would profit by various members of the public and frankly certain Town Officials. The Town was obviously predetermined to deny this application unfairly and improperly. Some of you might know that today we signed a stipulation with the Town that we are also withdrawing our law suit. In withdrawing the law suit filed against the Town, Winding Glades continues to believe that this was clearly a deprivation of it’s very basic due process and equal protection rights entitled to all applicants. The cost benefit analysis and prolonged discovery, depositions and potentially a trial weighed against pursuing this claim. It has become clear that even if Winding Glades prevailed in the law suit and both sides suspended tremendous resources, the Town would simply find another method to deny this project. Winding Glades and the family members do not practice to engage in litigation for the sake of litigation. Since purchasing this property it is always sought to be a good neighbor, kept the property open. Despite its unauthorized use by many local residents for riding ATV’s, hunting and other impactful activities. Winding Glades envisioned a discreet private facility that would barely be perceptible from Route 22. It would have generated over $100,000.00 additional tax dollars a year and would have left the majority of the property open and undisturbed and was prepared to demonstrate that. If not it would have gone through the lawful procedures and the Town would have had the right to act accordingly. Winding Glades will continue to be a vocal commercial landowner in the Town and attempt to ensure that all applicants are provided with a fair and impartial review process that it was denied. This could happen to anyone. It is unfortunate that the Town and its reputation for fair business dealing even if the Town had concerns about this application and ultimately might had denied it, it owed this landowner as all landowners fair due process and to be able to go through the duly and active review process like every applicant has gone before it. It is bad for business, in our opinion. Bad for the residents of Patterson to have engaged in the practices that were demonstrated in this case again whether you liked it or didn’t like the application before you. Other companies that looked to bring innovative research projects to the Town and this would have been one of them and would have made this Town proud and would have been a brand for the Town will be discouraged by the treatment it experienced here. These revenue generating developments will look to neighboring communities to spend their tax dollars and what happened here was just unfortunate. I’m sorry it came down to this, I’m sorry the circumstances that we all experience came to where we come today. Winding Glades will continue to be a vocal owner and will use the property according to its enacted laws of the Town. Thank you for your attention.
Mr. Robert Odell stated Mr. O’Connor last week you chaired the meeting right.
Mr. O’Connor stated yes.
Mr. Odell stated Mr. Griffin I know you weren’t here but according to the Putnam County Times you were here. Did you have a vote that we don’t know about. Did you vote by telephone.
Mr. O’Connor stated the reporter made a mistake.
Mr. Odell stated so that motion is still tabled.
Mr. O’Connor stated everything that was said was true. It was not Mr. Griffin making the statement.
Mr. Odell stated you didn’t vote on anything for the Public Hearing.
Mr. Burns stated are you talking about the application for the other Club.
Mr. Odell stated the variance.
Mr. Curtiss stated that got referred to Mr. Charbonneau.
Mr. Odell stated according to the paper you voted on it.
Mr. Burns stated that is inaccurate.
Mr. Griffin stated I was out of the Country at the time.
Mr. Odell stated regarding the subpoena’s, are they on file or were they non-disclosure subpoenas.
Mr. Griffin stated I’m not actually sure. I haven’t seen a copy of them.
Mr. Griffin stated we can check in the morning with Antoinette Kopeck, Town Clerk.
Ms. Kopeck stated I don’t have anything.
Mr. Griffin stated they must be in the Building Department.
Mr. Jim Utter stated I want to thank you for supporting us and being a part of the grant proposal we hope to get in.
Mr. Griffin stated we are more than happy to help you.
Ms. Eddy Keasbey stated I would like to make a comment about the Recycle Center and this in no way casts any dispersion whatsoever on Anthony. I go there almost every week and all I see on the ground around the big dumpsters is more stuff that hasn’t quite made it into the dumpster. It’s overflowing or the wind blew it. It never gets picked up. The way they clean up back there is to bull doze it toward the railroad tracks. That doesn’t seem like a good idea to me. There was one area close to the garage that had stacks of old tires. Some of them look like tractor tires.
Mr. O’Connor stated I’m usually there every other week myself. People have a tendency to leave tires all over Town and I brought them into the Center. They get picked up when there is a certain amount accumulated. Then a company comes and picks them up.
Mr. Burns stated I had an issue with that also. My son plays ball at the ball field and it’s a mess. They come Monday morning and clean it up. I can check with Frank Farrell about the recyclables.
Mr. Rick MacRae stated in Putnam Lake at the site of Justin’s former repair station there are a couple of storage tanks. Is there anything the Town could do to encourage the owner to get rid of them.
Mr. O’Connor stated the Building Department told them they have to go. They have been destroyed on site so they can’t be used as tanks someplace else. I’ll ask them tomorrow when they will get rid of them.
Mr. Major stated I just want to go back to the zoning and timetable discussion. Mike you suggested that when they review that memo they could confer with Mr. Curtiss. If you remember during the work session, Mr. Curtiss recused himself from the process. I think it would be inappropriate for Town Board members to be discussing that particular aspect with Mr. Curtiss because he has recused himself.
EXECUTIVE SESSION
There being no further business, Mr. O’Connor made a motion to go into Executive Session at 8:35 p.m.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. O’Connor made a motion to close Executive Session at 9:40 p.m.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at 9:40 p.m.
Mr. O’Connor made a motion to request that we seek a proposal from HR Consultants for HR Consulting.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
ADJOURNMENT
There being no further business, Mr. Burns made a motion to adjourn the meeting at 9:40 p.m.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Respectfully submitted,
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ANTOINETTE KOPECK, TOWN CLERK