PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

JUNE 25, 2008

MINUTES

PRESENT: MICHAEL GRIFFIN, SUPERVISOR

JOSEPH CAPASSO, COUNCILMAN

ERNEST KASSAY, COUNCILMAN

GINNY NACERINO, DEPUTY SUPERVISOR

EDMOND O’CONNOR, COUNCILMAN

ANTOINETTE KOPECK, TOWN CLERK

JENNIFER HERODES, 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 30 in attendance.

AUDIT OF BILLS

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

General Fund $88,785.82, Highway Fund Item 1- General Repairs $53,577.61, Highway Fund Item 3-Machinery $12,512.97, Highway Fund-Item 4-Miscellaneous $1,272.33, Highway Fund – Employee Benefits $16,064.98, Highway Fund – Contract $45.00, Waste Water Treatment Plant $16,702.22, Capital Fund $21,161.12, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $31,545.05, Deerwood Drainage District $15.51, Patterson Park District $1,268.75, Alpine Water District $761.19, Fox Run Water District $1,795.60, Trust & Agency $26,769.00, Grand Total Abstract $300,799.17.

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.

ERNEST KASSAY

VACATION REQUEST

Mr. Kassay made a motion to approve the vacation request dated June 4, 2008.

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

ESCROW RELEASE FOR HIGHWAY

Mr. Kassay stated it has come to my attention that a piece of paperwork has not been generated as of yet regarding the Escrow Release for Highway.

Mr. Kassay made a motion to table the above noted until the next Town Board meeting on July 9, 2008.

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

TOWN COMPTROLLER’S BUDGET TRANSFER REQUESTS

Mr. Kassay made a motion for the Town Board to approve the Budget Transfer Requests dated June 25, 2008 except for the Budget Transfer Contractual for Highway. Because we tabled the Escrow Release for Highway the Budget Transfer request for them will not take place at tonight’s meeting.

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

ADVERTISE PUBLIC HEARING STOP SIGN SOUTH STREET & WEST STREET

Mr. Kassay stated last Wednesday, June 18, 2008 I had a meeting with the Highway Superintendent, Mr. Charlie Williams and Mr. Tom McGinn from the engineer’s office. We did site walks on stop signs on South and West Streets, Couch Road, Cornwall Hill Road and revisited Jill Court.

Mr. Kassay made a motion to authorize the Town Clerk to advertise a Public Hearing for a Four Way Stop Sign at South Street and West Street for July 9, 2008 at 7:30 p.m.

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

Ms. Herodes stated you are going to put four on every one.

Mr. Kassay stated yes.

ADVERTISE PUBLIC HEARING STOP SIGN WEST STREET AND JILL COURT

Mr. Kassay made a motion to authorize the Town Clerk to advertise a Public Hearing for one stop sign going Northbound on West Street for July 9, 2008 at 7:30 p.m.

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

ADVERTISE PUBLIC HEARING STOP SIGN COUCH ROAD AND CORNWALL HILL ROAD

Mr. Kassay made a motion to authorize the Town Clerk to advertise a Public Hearing for a stop sign at Couch Road and Cornwall Hill Road specifically opposite 190 Couch Road for July 9, 2008 at 7:30 p.m.

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

GINNY NACERINO

LIBRARY REQUEST – DUMPSTER

Mrs. Nacerino stated in accordance with the contract agreement that we have with the library we agreed to authorize to provide a dumpster for them. Apparently, the dumpster they have now is in deplorable condition and they asked the Town Board to replace it. I spoke with Frank Farrell, Recycling Center and he had given me two quotes to purchase a new one. This afternoon Mr. Farrell told me he had a dumpster that we could give the library. I will inform Ms. Patti Haar and the Library Association that a dumpster will be forthcoming very shortly.

EXECUTIVE SESSION PERSONNEL

Mrs. Nacerino stated I will defer my Executive Session Personnel to the end of the meeting.

MICHAEL GRIFFIN

BIG ELM SUBDIVISION DRAINAGE DISTRICT

Mr. Griffin stated there was a meeting with the homeowners at Big Elm subdivision, which is located off Big Elm Road, Bradley Court, and Jennifer Lane. They have a stormwater management pond that has fallen into disrepair. It was the responsibility of the Homeowners Association. They have been inactive for a very long period and we

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asked them to come to a meeting. The general opinion of the homeowners was that they did not wish to reestablish the HOA instead they would like to have the Town form a drainage district and maintain the pond and they would be billed in their taxes.

Mr. Griffin asked Ms. Herodes to work with Mr. Williams, Town Planner to prepare the paperwork to create the district.

CURTISS, LEIBELL, HERODES & MOLÉ CONTRACT

Mr. Griffin stated in the second section you refer to “Civil Litigation” and then later on you refer to “General Litigation” is there a difference.

Ms. Herodes stated no.

Mr. Griffin stated “Civil Litigation” is everything other than criminal, right.

Ms. Herodes stated yes. We could change them both to “General.” I think they are just trying to distinguish that you realize that it encompasses the Town with an entity and not just the Town with a person.

Mr. Griffin stated the rate has been raised to $125.00 per hour. Section 8 talks about the law firm; properly maintain a detailed log and time and disbursement records relative to and temporarily with all the services rendered. What we are looking for is to keep track of the contractual portion, how many hours you are working on that.

Ms. Herodes stated I can’t speak for the entire firm on this point. I will take that up with my partners. We can certainly do that but there is a lot of time involved in keeping your time. I will get back to you on that.

Mr. Griffin stated ok. The contract also says you will represent us in Civil and General Litigation etc., and on a number of occasions we need a special counsel because of conflicts of interest, and in the past, we always pay for that bill. If that is a basic service you are supposed to be providing to us and because you are in a conflict of interest situation and we need special counsel is there any consideration that you will pay those bills.

Ms. Herodes stated I will have to bring that up with the firm. That is the way our contract has always been.

Town Board members, Ms. Herodes and Mr. Williams continued to discuss the contract with the law firm.

Mr. Griffin asked Ms. Herodes to research special counsel and provide us with the answer at the next Town Board meeting.

COUNTY PRISON REQUEST - RECYCLING

Mr. Griffin stated since the County ceased doing recycling the County Jail wanted to know if we would be interested in taking their recyclables. They figured about one pickup truck load every two weeks. It would consist of cans and plastic. I spoke with Mr. Frank Farrell, Recycle Center and he said there is no money in cans or plastic but if the Town Board wants to provide the service to the County we can either ask them for money, we can do it out of the goodness of our hearts or we can tell them sorry we just can’t help you.

Mr. Kassay stated I like the latter.

Mr. Griffin stated is that the consensus of the Board.

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Mr. Capasso stated exactly, we shouldn’t take it for nothing.

Town Board members do not think it would work.

NEW COURTHOUSE/CELL TOWER/JEANNITON PROPERTY/QUEST PROPOSAL/EMINENT DOMAIN

Mr. Griffin stated a few meetings ago we had tabled the Quest asbestos abatement specifications preparation and bidding process because of some confusion. The Town Planner has sent us a memo; The Town has received an estimate providing asbestos abatement services from Quest Diagnostics. The proposal submitted was for Houses 14, 16, 18 and 20. There has been some confusion since the house numbers referenced by Quest do not match the house numbers on other documents or those used by the Town. A description of each property by house number can be found in the Predemolition Reports dated March 28, 2007 also completed by Quest. In preparing the reports Quest utilized the house numbers that were and currently are still posted on each of the structures. I have reviewed each of the reports and can attest that all the houses represent the three structures on the two Jeanniton parcels identified as Tax Map Nos. 3.16-1-22 and 3.16-1-23. The property owned by Clayton Harbby at #22 is not included in the proposal.

Mr. Griffin introduced the following Resolution Authorization to Engage the Services of Quality Environmental Solutions and Technology Inc. for $18,764.00 as a starting point for asbestos abatement pre-bid for the demolition of the properties at 22 Leibell Place.

R-0608-03

WHEREAS, the Town of Patterson desires to obtain environmental consulting and remediation services for the asbestos abatement specification preparation and bidding process relating to the property intended to be acquired by the Town of Patterson for the construction of a new courthouse, and

WHEREAS, QUALITY ENVIRONMENTAL SOLUTIONS & TECHNOLOGIES, INC., 1376 Route 9, Wappingers Falls, New York 12590, has offered to provide said services at the cost shown on the May 2, 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 QUALITY ENVIRONMENTAL SOLUTIONS & TECHNOLOGIES, INC., 1376 Route 9, Wappingers Falls, New York 12590, to provide said services at the cost shown on the May 2, 2008 proposal, a copy of which is attached hereto and made part hereof, and

BE IT FURTHER RESOLVED, that the Town Board of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution, including authority to sign an agreement with QUALITY ENVIRONMENTAL SOLUTIONS & TECHNOLOGIES, INC. on the behalf of the Town of Patterson.

Seconded by Mr. O’Connor.

Mrs. Nacerino stated discussion. Is there a cap on this.

Mr. Griffin stated no, if you read Quest’s proposal it talks about actual costs or job specifics based on asbestos contractors scheduling shifts, number of work areas etc. clients will be charged for actual services provided and samples analyzed.

Mr. Capasso stated is that for all the removal too.

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Mr. Griffin stated the demolition is not included. They will supervise the removal of the asbestos because they have to do air monitoring, samples and they have to ensure the contractors properly dismantle the buildings and properly dispose of it. They have to produce a significant amount of reports to the Department of Labor.

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

Mr. Raines asked that his office get a scope of work so he can make sure it will follow DOL and OSHA.

Mr. Griffin stated yes.

NEW COURT HOUSE

Mr. Griffin asked Mr. Williams if he received an offer from Verizon for a contract to place a cell tower on the Harbby property.

Mr. Williams, Town Planner stated we were looking at options to try to fund the courthouse project. Verizon approached the Town and they were looking to site a cell tower in the area. They have come up with a couple of different locations. They came to the Board and asked them if there was any interest. The Board expressed an interest. We received contracts and we sent them to the Town Attorney strictly for review. I did receive a call from Verizon inquiring whether the project was going to go forward or not. I don’t have an answer at this point. I understand there are some reservations at this point.

Mr. Griffin stated the project is definitely going to move forward. The question is whether or not we want to pursue the Harbby property. My general consensus in talking with my colleagues on the Board is that the cell tower is not something they are interested in. Just be aware they are actively pursuing a location on Peckham’s property as well and they are very aggressively looking for a property in the Hamlet area.

Mr. Williams stated are we saying no to the Harbby property.

Mr. Griffin stated that is something that the Board is going to have to discuss in Executive Session.

Ms. Herodes stated do you have that on for Executive Session.

Mr. Griffin made a motion to add Executive Session Legal to the agenda.

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

JEANNITON PROPERTY

Mr. Griffin stated Ms. Herodes has done an outstanding job of negotiating a price of $465,000.00 down to $372,000.00. At this point, it would eliminate the need for Eminent Domain and that will lead to a short sale:

Mr. Griffin introduced the following Resolution for Authorization to Sign Contracts for the Purchase of Real Property Near Patterson Town Hall;

R-0608-04

WHEREAS, the town of Patterson requires a new courthouse for the Justice Court of the Town of Patterson, and

WHEREAS, a thorough search of the properties available in the Town of Patterson for the construction of a new courthouse revealed that the only suitable property for said

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construction is located behind the Patterson Town Hall, and is designated as Tax Map Numbers 3.16-1-21, 3.16-1-22 and 3.16-1-23, and 12 William Street, respectively, (hereinafter referred to as the “parcels” or the “subject Parcels”) and

WHEREAS, the Town of Patterson wishes to sign the Residential Contracts of Sale to Purchase from William Jeanniton and Linda Jeanniton the properties known as 16 – 18 Leibell Place, Patterson New York 12563, 20 Leibell Place Patterson, New York 12563, and 12 William Street, Patterson New York 12563, and

NOW, THEREFORE BE IT RESOLVED, THAT THE Town Board of the Town of Patterson hereby accepts the terms of the residential Contract of Sale to purchase from William Jeanniton and Linda Jeanniton the properties know as 16 – 18 Leibell Place, Patterson, New York 12563, 20 Leibell Place, Patterson, New York 12563, and 12 William Street, Patterson, New York 12563, in the form attached hereto and made a part hereof, and hereby authorizes the Supervisor of the Town of Patterson to sign said Contracts of Sale, in the form attached hereto and make a part hereof, and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all other documents necessary to give effect to this resolution on behalf of the Town of Patterson, including signing of any and all documents required to close the transaction in this matter.

Mr. Griffin stated this also involves us having a closing on the property next Wednesday.

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

NOBLET VS TOP – APPEAL

Mr. Griffin stated Mr. Noblet is still unhappy about Burdick Farms Subdivision and he has filed an appeal. We will have to respond to the appeal by July 31, 2008.

Mr. Griffin made a motion that we authorize the Town Attorney to respond to the Noblet appeal and take all necessary actions to defend the Towns position.

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

SPECIAL COUNSEL – FOX RUN PHASE II

Mr. Griffin stated we will table this until we decide there aren’t any more conflicts.

PATTERSON VILLAGE INVOICES

Mr. Griffin stated we had a request from Patterson Village that because they had to run their plant for four months this year they would like us to pay their bills. I told them I would look into this and I requested an opinion from the Town Attorney. The Town Attorney stated that unfortunately the way the agreement was written with Patterson Village there is no way the Town could be responsible for their operating costs for the period prior to the start up of the wastewater treatment plant. We will send them a letter letting them know.

PATTERSON HISTORICAL SOCIETY REQUEST

Mr. Griffin stated Patterson Historical Society would like to donate a map of Putnam County. It is an “1854 O’Connor” map and it was obtained from a couple of different sources but it is in one piece. They would like to have it framed and donated to the Town. They have approximately $2,500.00 in their budget and they have not used any of it to date. They have two estimates. The framing shop on Front Street offered to do a

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gold painted wood frame, UV glass and mountings for $500.00. Michaels offered to do a metal frame to match the frames in the Town Hall with the UV glass and mountings for $250.00.

Mr. Griffin made a motion to authorize the Historical Society to have the “1854 O’Connor” map framed for an amount not to exceed $275.00.

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

HIGHWAY CONTRACT – REQUEST NEGOTIATIONS

Mr. Griffin stated the President of the Union has contacted me because their contract is expiring at the end of this year. They would like to start negotiations as soon as possible. I would like to know who would like to be involved in this.

Mr. Kassay and Mrs. Nacerino stated I would like to be involved.

Mr. Griffin stated Ms. Herodes you will have to be involved also.

Ms. Herodes stated ok.

Mr. Griffin stated I will set up a meeting.

JOSEPH CAPASSO

RECREATION COMPUTER SERVER

Mr. Capasso stated we have received a lot of complaints about the server being in a room without air conditioning. I have some estimates for putting an air conditioner in the room but Dave Raines, Code Enforcement Officer and I recommend that we move the server out of that room and put it in a room with existing air conditioning. It would save the Town a lot of money. I would like the Town Board’s approval to research exactly what it would cost to move the server rather than buy an air conditioner.

Mr. Kassay stated yes, I would appreciate it.

Mr. O’Connor stated it sounds logical to me.

Mr. Dave Raines stated Brian O’Hara the acting Fire Inspector is an IT Specialist, Mr. Capasso and myself looked at it and we had some companies come in to give us proposals on putting in an air conditioner. Their costs ran anywhere from $2,000.00 to $3,000.00 to do it properly to code. A good portion of the building is air-conditioned and we do have some space. Brian looked at it from an IT perspective and moving it would be a very nominal cost. We felt that was the way to go versus trying to air condition the space. I am recommending that we evaluate the different spaces that we have and relocate the server.

All Town Board members agreed.

ACCEPT LETTER OF RESIGNATION

Mr. Capasso made a motion to accept Ms. Jean Scigliano’s letter of resignation.

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

Ms. Lagan stated I would like the letter to be read.

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Mr. Capasso read the letter; It has been a pleasure working with you. I appreciate all your efforts to move the Recreation Center forward and to keep me informed during the days and times I was not there.

I spent a good part of yesterday in discussions with Ginny and Mike.

Due to the limitations put on my efforts by the structure of my position and the recent 24-hour a week cap put on my time, I am unable to meet my own goals and expectations for the job and I have resigned the position of “part-time Recreation Supervisor.” Thank you, Jean Scigliano.

EXECUTIVE SESSION PERSONNEL

Mr. Capasso stated I would like to defer my Executive Session Personnel to the end of the meeting.

EDMOND O’CONNOR

MARTINS SUBDIVISION

Mr. O’Connor stated we received a letter from the Planning Board regarding Celeste & Francisco Martins 280-a Open Development Area. The applicant would like to subdivide a thirteen plus acre lot in the R-4 zoning district into three residential lots. There is currently one existing single family dwelling on the site. Access to the existing dwelling is provided by a common driveway. The Planning Board approved a favorable referral to the Town Board for the Martins Subdivision Open Development Area as shown on the Preliminary Subdivision Plat. I received a letter on June 10, 2008 requesting Town Board approval for the Martins subdivision upon discussion and review of the Preliminary Subdivision Plat. Several questions and concerns remain therefore before we can proceed with this matter we would like the Planning Board to provide us with a rational for favoring and recommending an open development area as opposed to a conventional subdivision, which includes a Town road providing access to the lots. I would like to send the Planning Board another letter and await their response.

Mr. Kassay and Mr. Capasso stated I agree.

Mr. Griffin stated when was this discussed, did I miss the meeting.

Mr. O’Connor stated it was discussed individually there wasn’t a meeting.

Mrs. Nacerino stated I think we would be fair to give the Planning Board the opportunity to respond. I am curious to know why they are favoring an open development area. I have deep concerns about this matter.

Mr. David Pierro, Vice Chairman, Planning Board stated we made a recommendation to suggest to you the Board that a positive decision be made on the 280-a. It does have frontage on Cornwall Hill Road. There would be one lot that would not have frontage on Cornwall Hill Road. If you remember, not a hundred yards from this specific site there was another 280-a done. I don’t ever want to be confused with being arbitrary and captious, you can do it here but you can’t do it there. I understand Mr. Williams point is that just because we made a mistake a hundred yards away we shouldn’t make another mistake now. That is something that I think this Board should discuss with your Counsel.

Mrs. Nacerino stated each project is case by case. There are deep concerns with having two common driveways with easements in addition to concerns about the driveways and the easements that we would like some clarifications.

Mr. Pierro stated I think you are incorrect. I believe there is one common driveway.

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Mrs. Nacerino stated there is a proposed other common driveway. You have Cassandra Court and………

Mr. Pierro stated there is one common driveway to service two houses. The option for the other lot was to use the existing common driveway, which this applicant owns.

Mr. Williams stated Mrs. Nacerino you might be talking about two different projects.

Mrs. Nacerino stated the Martins subdivision and the map we were looking at yesterday.

Mr. Williams stated that is what you are referring to and he is referring to a different subdivision.

Mrs. Nacerino stated we are on the Martins subdivision.

Mr. O’Connor stated are you talking about the NRA Realty and Development.

Mr. Williams stated I have no problem naming names here. Dave is referring to the (inaudible) subdivision.

Mrs. Nacerino stated as an example. The project before us and the consideration before us tonight are in reference to the Martins subdivision.

Mr. O’Connor made a motion to table the request for the Martins Subdivision 280-a on Cassandra Court until we hear a response from the Planning Board.

MADERI ROAD ABANDONMENT PROCEEDINGS

Mr. O’Connor stated we received a letter from Mr. Williams, Town Planner regarding James Maderi, Brandon Road, Putnam Lake. He has expressed an interest in acquiring the real property interest in the road right of way that runs along side of their house so that he can construct a shed in the right of way. The road in question is a portion of Deerfield Road, which runs between Brandon Road and Andover Road. The actual road in the right of way has never been built, hence a paper road. Mr. Williams discussed the issue with the Town Attorney who initially felt that the Town may have to abandon the portion of the road, but wished to discuss the matter further with Premier Abstract. Mr. Maderi may also need to purchase the rights to the road from the current owner and get releases from all the abutting property owners and the Town of Patterson who have rights in the paper roads. He would then have full rights and interests in the property and could apply for a building permit to construct his shed. Should the Board view the request favorably, the request should be referred to the Highway Superintendent, Mr. Charlie Williams for a recommendation. With a favorable recommendation, the Town Attorney could then prepare the road abandonment proceedings.

Mr. O’Connor stated it would be nice if we could resolve the paper roads in Putnam Lake. I still don’t know what they are. These roads were put on paper and in many cases those roads were impossible to build.

Ms. Herodes stated I wasn’t in the loop on this. I spoke to Mr. Molé about this and he told me Mr. Williams knows what this is about.

Mr. Williams stated Mr. Molé responded to me and in his opinion he thought it was probable that you should do road abandonment proceedings whether we actually own the road or not.

Mr. O’Connor stated it is not a road, how can we abandon it.

Ms. Herodes stated the point is we need the abstract company to tell us who has the rights.

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Mr. Raines stated I went out and looked at the property at the request of the homeowner. There was drainage that was installed there and a question whether the Town installed the drainage and I believe they did. I don’t have any documentation for that. There is a pipe and storm drain and I don’t think the owner pointed that out. I spoke with Connecticut and they don’t have any record of them pointing it out. It is something we will have to address whether we do abandonment or whatever. Someone is going to have to maintain that.

All parties continued to discuss the above topic.

NRA REALTY & DEVELOPMENT

Mr. O’Connor stated this is also from the Planning Board to the Town Board. NRA Realty & Development of Birch Hill Subdivision has a request for a review of a fourteen lot single-family residential subdivision. It is one hundred and fifty one acres and lots ten and eleven are proposed with fifty feet of road frontage instead of one hundred and twenty five required. Lot ten has three point two acres and lot eleven has two point eight acres. The maximum allowed in open development is one point eight four. Lots ten and eleven do not meet the minimum road frontage. The applicant would like to obtain a variance from the Town Board pursuant to138.53. A meeting held on June 5, 2008 the Planning Board by a vote of three to two approved in favor to refer to the Town Board for variances. The dissenting opinion felt the referral was premature and should be delayed after the current violations of the property have been satisfied. I’m not sure what the current violations are.

Ms. Herodes stated this is the cabin right.

Mr. Williams stated yes.

Mrs. Herodes stated that has been resolved.

Mr. Raines stated no, it was denied.

Ms. Herodes stated resolved meaning they made their decision.

Mr. Raines stated this case was before the Zoning Board for illegal structures on this property that may or may not be incorporated into this proposed subdivision. The Zoning Board denied all the variance requests at the meeting last week and now there stands several violations on these structures that exist within this proposed subdivision.

Mrs. Nacerino stated I don’t see how we could proceed in any way with existing violations on this property.

Ms. Herodes stated this was a difficult situation. There is a lot of acreage here and there was a cabin. The cabin definition was actually written for this structure. The new owner came in and expanded the structure with an addition and by raising the heights of the variances. They were before the Zoning Board for the expansion and the height because now they did not fit the definition of a cabin under the code anymore. The reason that the Town Attorney suggested that this was the route to take was because although a subdivision plan is circling until this cabin is converted to a single family home on one of the lots it currently is in violation because it is not a single family home and it is not a cabin. That is the issue. It came before the Zoning Board and they denied the variances. Thereby leaving the applicant no other choice but to go back to convert to a single family home or be in violation.

Mrs. Nacerino stated what is the intent of the property owner.

Mr. Raines stated my letter to them dated today was to go back to the Planning Board and the Town Planner and discuss what course of action should be taken.

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Mr. O’Connor stated does this structure have a Certificate of Occupancy.

Mr. Raines stated no.

Mr. Williams stated there are a couple of choices he has at this point. He will have to bring it up to a single-family structure whether the subdivision goes forward or not. The subdivision could take two to three years. I would imagine he is going to have to do that as the subdivision process goes forward. They are proposing a new subdivision road higher up. His options are meeting the building codes for the cabin plus putting a septic and a well in for the structure. As far as the Planning Board is concerned it is whether they are going to make him pave the road and tear it up later or give him a temporary waiver until the subdivision goes through and he will immediately have to put it in from another direction.

Mr. O’Connor stated it does not have a C.O., septic, well, or electric power. Is there anything legal about this house.

Mr. Raines stated correct. It was a cabin that was illegally converted without a building permit. We found out about it through a citizen in Patterson. We investigated it and then determined that they had done all this work while they were going for a subdivision approval. My recommendation is not to take any action until the property owner approaches the Town and states what he wants to do.

Mr. O’Connor stated I think it is premature that we move forward and we should wait until we get clarification from the Planning Board as to what they should do.

Mr. O’Connor made a motion to table the request until the Planning Board can work this out further.

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

NEW COUNTY LITTER LAW

Mr. O’Connor stated by a unanimous vote last week, the Putnam Legislature approved an amendment to the County’s code by adding a new section titled “Littering.” Violators of the County’s new littering law face a fine of $500.00, thirty days in jail and twenty hours of community service for first time infractions. Second time offenders will be fined $750.00, as well as being sentenced to thirty days in jail and forty hours of community service while repeat violators within a one-year period can expect to pay a fine of $1,000.00. The more people know this is unacceptable the better off we are.

PUTNAM LAKE WATER QUALITY DISCUSSION

Mr. O’Connor stated we had a meeting this morning with both the Putnam Lake Community Council and the concerned citizens of Putnam Lake. We went to Lost Lake last week and Mr. Williams, Town Planner is in the process of working on an Aquatic Plant Management Plan because you can’t do anything without a plan according to the DEC. This will not happen tomorrow but we are working on it.

Mr. Kassay stated there was an article in the paper today regarding Lake Carmel. They can’t put the carp in there now even though they had a grant because it is too warm. Early spring is when they have to be put in.

Mrs. Nacerino stated I went to Warren Beach and Barbara See, President, PLCC gave me a boat ride on Putnam Lake. It is a beautiful lake and as the people of Putnam Lake have joined forces for a common goal and hopefully with the support of the Town, we will be able to clean up the lake and improve the water quality in the future. This season we are a little behind and it cannot be done in such little time but with so much support and so

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many people researching and trying to save the lake I’m sure by next year we will be in much better shape.

OTHER BUSINESS

None

PUBLIC RECOGNITION

Ms. Amy Lagan, Patterson, stated Mr. Capasso brought up the resignation of Jean Scigliano and I first want to start by saying Jean’s premature departure is really sad for the Town of Patterson and the Recreation Center. As per Mrs. Nacerino’s words, Jean was the best candidate. We have now lost her and there is no getting her back. Jean gave us a lot of hope for a positive direction for the Recreation Center. In the interim until you find another Recreation Supervisor, I assume that the job has been posted.

Mrs. Nacerino stated we are in the process of preparing the postings.

Ms. Lagan stated you are hiring a Recreation Center Supervisor part-time.

Mrs. Nacerino stated if we post it as a Recreation Director, which is what Jean wanted that would be full-time. We were in the process of going through the final reviews to vote on a full-time position before Jean quit. We were all disappointed that we put in so much time and energy in this provisional appointment and it is unfortunate for the Town and for Jean that she had chosen to quit before we made a final decision.

Ms. Lagan stated who is now in charge of the Recreation Center.

Mrs. Nacerino stated Raymond Blanar is presently the Sports Supervisor. As of July 1, 2008, he will be full-time for July and August, which was Jean’s request. His hours are flex and not to exceed forty hours. He will be the person to go to until we sort out the postings and actual job titles.

Ms. Lagan stated when the time comes, who will be a part of the interview process.

Mrs. Nacerino stated that is yet to be determined.

Ms. Lagan stated who will hire this person.

Mrs. Nacerino stated the Town Board.

Ms. Lagan continued to ask questions regarding the Recreation Center and Mrs. Nacerino answered them.

Ms. Lynn Andretta stated this Recreation Center is a Town Recreation Center and I don’t think people should keep looking at it as for just children and Seniors. There is a whole range of people in between those two age groups that could also be using this center that presently are not served.

Mr. Richard Armistead, Patterson, stated the property that you are going to build the courthouse on there is a rumor going around that there was a $450,000.00 (inaudible) property that you have renegotiated to $372,000.00 and there was also $75,000.00 (inaudible) to take the buildings down. Is that right.

Mr. Griffin stated the basic price for the Harbby property was $350,000.00 and we agreed to pay him an additional $75,000.00 to demolish the buildings and give us a clean lot.

Ms. Herodes stated the number Mr. Armistead is quoting is for the Jennitons property.

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Mr. Armistead stated ok, its $75,000.00 to take down how many houses.

Mr. Griffin stated the estimate for doing the demolition on that property is going to be significantly higher than $75,000.00.

Mr. Armistead stated the speakers you have here are absolutely useless. There is nothing coming out of them that is why you have, and this has nothing to do with you, inaudible in your tapes. If you read the Town Board minutes…..

Mr. Griffin stated if you will forgive me, the tapes are made off of the microphone that you are not speaking into right now and that makes it a problem to hear. Everyone in the room can hear you fine the problem is you have to use the microphone to pick up what you are saying.

Mr. Armistead stated when you go into an Executive Session and you come back out, the public meeting is not over, is that correct.

Mr. Griffin stated correct.

Mr. Armistead stated if you have made any decisions in the public meeting and it was supposed to be put in the regular meeting what those decisions are, am I right. Any votes that were given.

Mr. Griffin stated any discussions that turn into voting matters are voted on when we reconvene the meeting after the Executive Session.

Mr. Armistead stated I have been going through the minutes on my computer back to 2007. I probably could have gone back further but I noticed Mr. Griffin that there is never anything that comes out of an Executive Session. I’m sure you folks go back there and you talk Town business and you do the Town bidding on a lot of issues that go on in this Town. I can’t understand why there is no decisions of any kind put into the minutes after you have had an Executive Session. Like I said, I have gone back two and three years. I can’t understand why. I’m sure you don’t just go in there and talk. I’m sure you make very logical decisions in there but it is never put in the Town minutes.

Mr. Griffin stated occasionally there are instructions given to the Town Attorney’s, there is advice given from the Town Attorney’s to us relative to dealing with personnel and issues relative to land acquisition etc.

Mr. Armistead stated I agree with you one hundred percent.

Mr. Griffin stated quite often, there are no decisions that come out of Executive Sessions. Mostly they are discussions how to handle personnel problems.

Mr. O’Connor stated I do recall fairly recently after Executive Session we made a decision to increase the hours for someone. Anything that has to be voted upon is done after we leave Executive Session.

Mr. Armistead stated I stand corrected.

Mr. O’Connor stated there aren’t many but I recall some.

Mr. Armistead stated tonight just before I came to the meeting I looked at the Town Board minutes and they were from May 14, 2008. As a citizen of this Town and I don’t make the meetings I rely heavily on the Town Board minutes about what is going on in my community. It seems that these Town Board minutes are always a month or more late. I believe when you vote on the minutes of the meetings they are already posted and Antoinette you can correct me if I am wrong, but I believe that she can put on the computer a draft of the Town Board minutes to give the public a oversee of what has

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gone on at the Town Board meeting. If there are any corrections just like you do in any business you correct it at the next meeting and the correction is noted. If there is a mistake in a newspaper you’ll see it on maybe page 98 but it will be in there. By the time you get to the next Town Board meeting it is already over from the one five weeks before that. I think there should be something done. They are supposed to be done in two weeks. I would like to see the minutes posted a little earlier.

Mrs. Nacerino stated I understand your desire to have the minutes posted sooner then we have been. I am not sure we can actually post minutes until they have been formally approved.

Mr. Armistead stated yes you can. You can mark them draft. There are three titles you can give them to show they haven’t been approved yet.

Mrs. Nacerino stated I have never seen that on any Town web site as any common practice. I’m not entirely sure that is true.

Mr. Armistead stated the Town’s people seem to be so behind all the time on what is going on at the Town Board meetings.

Ms. Jean Hockney, Patterson, stated I would absolutely encourage this Board to reach out to the Town and its residents. Getting the communication out there, good, bad or indifferent you have a responsibility to all of us as taxpayers to let us know what is going on. I would absolutely say whatever you need to do to update that website, do it and put it up as a draft. Does the Board support video taping of this as other Towns do for our local cable channel. You can only read so much. You can gather so much more from the actual video tape. There are so many of us that work in this community we can’t get to every meeting. Do you support that.

Mr. Capasso stated I do.

Mr. Kassay stated you are asking two questions, one about the minutes and one about taping the meetings. Are you aware that we went down this road twice already.

Ms. Hockney stated which road.

Mr. Kassay stated we found it to be very political. There were items on the agenda that were stacked. Comcast would only come here and video the Town Board meeting for the first two hours. After that anybody else’s agenda or any kind of rebuttal was taken away from us. It was a dog and pony show that is what happened. The Town of Carmel restricted the public something terrible. Here in the Town of Patterson we do not have a work session. Since 1994 we have had two Town Board meetings per month with no work session. In other words you come in here and we will stay here with you until 4:00 a.m. You can come into the Town Hall at anytime with concerns and we will address them. I would not be in favor of video taping the Town Board meetings because of past experiences. Regarding the Town Board meeting minutes, the Town Clerk’s office is in charge of the minutes. We certainly can hire another two, three or four people as long as the public is willing to pay for it.

Ms. Hockney stated to do what.

Mr. Kassay stated to do the minutes. You can’t do these minutes in three or four hours. It takes time for a person to go through these tapes when there are four or five tapes per meeting and to try to get it as accurately as possible. The Town Clerk’s Deputy Town Clerk can do nothing else but minutes.

Ms. Hockney stated what do other Towns do to get them out.

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Mr. Kassay stated they probably have more personnel. If the folks in the Town want these minutes in three or four days, let her hire somebody just to do minutes.

Ms. Hockney stated with all due respect, here is what I am seeing the agenda comes out at 4:00 p.m. on the night of the Board meeting and the minutes get delivered six weeks later somewhere in there I see room for improvement.

Mr. Kassay stated Town law says that the agenda is supposed to be ready forty-eight hours before the Town Board meeting. This particular Board depends on home rule. We do not have a Work Session and many things come into the Supervisor’s office or to the attention of the Council Members the day before the Town Board meeting. The Supervisors Secretary usually gives the agenda to the Town Clerk by 12:00 the day of the Town Board meeting. That is the way we do it right now. If we were to go by Town law and have it ready forty-eight hours before we may have to eliminate one Town Board meeting per month and just have a Work Session. A Work Session does not allow the public any input. You can attend but you cannot speak. We feel that we want to give you the opportunity to speak anytime you come in here.

Ms. Hockney stated if we know what is on the agenda.

Mr. Kassay stated you would know about it because of the Work Session, which would take place one week before the Town Board meeting.

Ms. Hockney stated I wish I new the Recreation Center was on the agenda three weeks ago. The decision isn’t going to be made tonight I am just asking all the Board members to consider reaching out to us and making it easy. We all work very hard in this community, there is no doubt about that.

Mr. Kassay stated we will see what we can do.

Ms. Hockney stated I agree wholeheartedly with everything Amy Lagan said. I couldn’t be more disappointed. It isn’t just about kids, I recognize that and support that. It’s about leadership and vision and what that Recreation Center was built to do for all of us. It is not meeting any of those goals. You can stand here today as a Board and say it’s about the last three months it’s not about that. That center has lacked leadership for five years and it’s a huge sum of money. I urge all of you to develop some kind of a committee with the residents of this Town to problem solve that in a very open door way.

Mrs. Nacerino stated I support that wholeheartedly.

Ms. Hockney stated where can I see a condensed version of what is happening at the courthouse. I am interested in what and who is going to be housed over there. How many holding cells, what type of criminals.

Mr. Griffin stated no one is going to be housed in there at all.

Ms. Hockney stated so it is just a holding cell for someone who is picked up for a DWI.

Mr. Griffin stated yes.

Ms. Hockney stated three million dollars seems like an exorbitant amount for the courthouse. I know there is a grant.

Mr. Griffin stated I will send you all the necessary paperwork for you to read.

Mr. Kassay stated anyone that is arrested for DWI would not come to our courthouse they would go to the County jail.

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Mr. Raines stated it is important for the residents of this Town to understand that the use of this facility will be no different then the current courthouse.

Stacy Daminao stated school is about to end on Friday so I wanted to bring up the issue of the sidewalks on South Street. What needs to be done to get this moving in the right direction to get them repaired. I don’t understand how I can’t get my child to school safely. I walked down South Street to pick up my daughter and there were cars parked along the fence. I don’t know how somebody is not going to get hurt. Someone is going to get hurt and god forbid it is one of my children.

Mr. Kassay stated is that fence on school property.

Ms. Daminao stated yes along the baseball field.

Mr. Kassay stated that is school property.

Mrs. Nacerino stated yes that is school property.

Ms. Daminao stated there is not enough parking so the cars pull up on the sidewalk so we have to walk in the middle of the street.

Mrs. Nacerino stated have you spoken to anyone at the Carmel Central School District as well. I will be happy to follow up on that to see what recourse we have.

Mr. Griffin stated the recourse is money. Governor Spitzer had put together a program called the “Safeway to Schools Program.” Mr. Williams filed for a grant. Spitzer is now gone and the program was dissolved and now we are chasing small city grants and some others. It is a financial issue.

Mrs. Nacerino stated I will look into this further.

Ms. Barbara Carlo, Dover Plains, I teach Kick Boxing at the Recreation Center and I would like to clarify what has been going on. Sandy Coe asked me to join the Recreation Center and teach a class. I was really happy with Patterson and the residents of the Town. I couldn’t be more proud of the place. I teach ages fifteen to fifty-eight, men and women. I think it was a great idea that you hired Jean Scigliano on a probation period. From what I saw and I was there from the beginning and it was totally negative. Jean did not have any people skills. Sandy and I got along great. After she left Missy, Sue and Paul where there and everything was going smoothly. For people to say that Jean was a positive person is not true. The residents are the ones we have to keep happy. She was putting to many restrictions on us.

Mr. Kassay stated I would like to thank you and your husband. There were many people that were not happy with the leadership at the Recreation Center over the last three months. This Town Board looked into everything and received many letters regarding the disappointment in how the Recreation Center was being run. In my heart I feel my vote to end that tenure was the correct thing to do and I will stand by it one hundred percent.

Ms. Carlo stated thank you and I believe that was the correct thing to do. People have to see what is going on before they can judge it.

Ms. Amy Lagan stated Ms. Carlo I do not know you but I do know your husband and both of your programs are very successful. You and your husband are leaders and you keep your programs in line and I think that is why they are successful. I do know that Jean Scigliano was brought to that Recreation Center to abide by the integrity of that center. Like looking at people I.D’s. I don’t agree with what you said regarding Jeanne. Mrs. Nacerino you stated that you wanted Jeanne and she was the best candidate and she would eventually be full-time. She was brought in for a reasons and I refuse to have

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someone stand here and say that it is running perfectly. If it was, I wouldn’t be here. I commend Ms. Carlo for coming here. Jeanne was stirring the pot.

Mrs. Nacerino stated she was the best candidate out of the people we interviewed, which was prior to a list being generated by Putnam County. I am more disappointed then any of you because I am the one who sat in for fifteen hours interviewing these candidates.

Ms. Lagan stated you are being paid for that you are not doing that voluntarily.

Mrs. Nacerino stated I am paid for that but my hours are quite excessive for dedicating my time here. I spent a lot of time interviewing candidates and my assessment was that Jeanne was the best however, since then there has been a list…….

Ms. Lagan stated she was sabotaged by the little click down there that doesn’t want change and they don’t want to step forward. You should spend more time down there.

I am looking for my Town Board to go toward in a positive direction for the Recreation Center.

All parties continued to discuss the above topic.

Mr. Ray Blanar, Danbury, Ct., stated I am the temporary Recreation Supervisor. Anything you would like to know about me or about what previously happened you are more than welcome to come down to the Recreation Center to discuss with myself, or if you would like a meeting Ms. Nacerino, Mr. Capasso, Mr. Kassay or anyone else on the Board I am perfectly open to that. I graduated from the University of Connecticut with a degree in coaching and administration as well as concentration in recreation. I too was going for the Supervisor position but I had a lack of experience. The previous women that were there had a lot of experience. The moral in that building was unbelievablely bad. I am a positive person and you couldn’t tell if I was having a bad day. I grew up on South Street and I wish I had a Recreation Center when I was a kid. All this negative energy being pushed toward the Recreation Center is not good. I am very excited for the opportunity to turn the place around and make it a positive place and I am looking forward to the summer. Maybe down the road a full-time position will be offered to me or maybe it won’t. Nobody knows that. I hope I’m here long enough to turn this Recreation Center around. I want to give it to the people, which is what it is there for, and I think I am well capable of doing that based on my experience. Give me the opportunity to do this. Please don’t bash the Recreation Center, don’t bash the staff. I had a staff meeting to regroup and I can’t even tell you how many smiling faces and better attitudes were within that meeting compared to previous meetings while everything else was going on.

Town Board members thanked Mr. Blanar.

Mr. Steve Mandrass, Patterson, stated thank you Mr. Kassay for the Public Hearings and getting that going. Did you say that on West Street and Jill Court you are only going to put one stop sign on the north bound side of West Street.

Mr. Kassay stated yes. The Highway Superintendent, Town Engineer and myself looked at the location again and we felt there was no need for a three way stop sign.

Mr. Mandrass stated I think it would be better for the Town to invest money into something all ages of people could go to and benefit from as opposed to a courthouse. Let’s rip the library out of where it is now, update it and get new computers. That wouldn’t cost four millions dollars to do that.

Mr. Griffin stated it could cost considerably more than that. We invest $432,000.00 a year right now. That is the annual taxpayer contribution to the library. Unfortunately or fortunately, depending on how you look at it they asked for another $222,000.00 a year. It would have taken them over $660,000.00 a year. That referendum did not pass. The

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Town isn’t under any obligation to provide library services and we are under state mandate to provide proper court facilities. We have been told for years by the judges that the facilities of the courthouse are inadequate. We all recognize that a twenty six hundred square foot library to serve thirteen thousand residents is totally inadequate. The library has expressed repeatedly that they wanted to stay in that location.

Mr. Griffin continued to speak on the library and the courthouse.

Mr. Mandrass stated given that it looks like we are not going to be getting $5,000.00 per month from a Verizon cell tower I asked about alternatives to being able to fund this project without it coming out of our pockets. Is there any news on this.

Mr. Griffin stated we are still looking. The new governor has put an end to many programs. I was surprised we kept our CHIPS money. The grant programs have been slashed.

Mr. Mandrass stated Mr. Capasso there has been a lot of attention on this server at the Recreation Center, do you know what it is used for and what does it do.

Mr. Capasso stated it runs the computers.

Mr. Mandrass stated so it is like the file server.

Mr. Dave Raines stated it networks.

Ms. Stephanie Fox, Rose Lane, stated my road is supposed to be dedicated eventually and it is not on the agenda. I was in contact with Mr. Curtiss who said it would hopefully be on the agenda. I would like to know when my road will be paved and I can put my mailbox at the end of my driveway.

Ms. Herodes stated all that is left to be done is for the road dedication documents to be signed and filed. The stipulation has been signed, the litigations are all done and we just need to do paperwork. It should be signed any day now.

Ms. Fox stated what is the next step after that.

Mr. Kassay stated the Highway Superintendent is already on board with building the road. He can’t schedule anything until we have the last document.

Ms. Herodes stated we have to do some resolutions and we hope to have it on the agenda for the July 9, 2008 meeting.

Ms. Tammi Smith stated at last months meeting I also addressed a speeding issue on Front Street and I didn’t see that addressed tonight. I don’t want to take anything away from West Street or Jill Court because I know that is an issue but we have an issue on Front Street. Someone needs to address this issue.

Mr. Kassay stated please compose a letter regarding the tree and the speeding and send it to me. I will copy the Highway Superintendent and Engineer and set up a meeting with him.

Mr. Kassay and Ms. Smith continued to discuss the issues on Front Streets and South Streets.

Ms. Smith stated you have to make the programs at the Recreation Center more affordable for the community.

Ms. Stacy Damiano stated when we moved here we specifically asked about the school buses going through our neighborhood and I was told the school buses are not allowed on

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West Street, which they do not do. I was told that all school buses need to go down South Street because that is where the stop signs are. I have seen the buses flying by Magnolia’s, cars will be leaving there, the bus just swerves around it, and it is a very close call. Is it possible to request that all buses go down South Street.

Mr. Griffin stated it is a very difficult turn for the buses to make onto South Street when you are going east. If someone is waiting to pull out onto Route 311 they cannot make that turn.

EXECUTIVE SESSION

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

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

Mrs. Nacerino made a motion to close Executive Session at 11:52 p.m.

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

Mr. Griffin called the meeting back to order at 11:52 p.m.

ADJOURNMENT

There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 11:52 p.m.

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

Respectfully submitted,

___________________________________

ANTOINETTE KOPECK, TOWN CLERK