PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

JULY 25, 2007

MINUTES

PRESENT: MICHAEL GRIFFIN, SUPERVISOR

GERALD HERBST, COUNCILMAN

ERNEST KASSAY, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

EDMOND O’CONNOR, COUNCILMAN

ANTHONY MOLÉ, TOWN COUNSEL

ANTOINETTE KOPECK, TOWN CLERK

Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 11 in attendance.

Salute to the Flag and Roll Call.

REPORTS

None

AUDIT OF BILLS

Mr. Herbst made a motion to approve the following bills chargeable to 2007:

General Fund $216,399.62, Highway Fund-Item 1 General Repairs $40,446.93, Highway Fund-Item 3 Machinery $2,225.98, Highway Fund-Item 4 Miscellaneous $2,228.94, Highway Fund – Employee Benefits $19,399.47, Highway Fund-Contract $913.50, Putnam Lake Light District $869.72, Patterson Light District 1,818.52, Putnam Lake Refuse District #1 $5.00, Patterson Refuse District #2 $6,552.10, Patterson Park District $3,762.23, Alpine Water District $965.60, Dorset Hollow Water District $706.76, Fox Run Water District $1,494.97, Capital Fund $195,879.96. Grand Total $493,669.30.

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

GERALD HERBST

RECREATION REQUEST – FLOOR REFINISHING

Mr. Herbst stated Paul Fava, Building Operations Maintenance Supervisor, brought to their attention that the hard surface floors would need refinishing.

Mr. Herbst made a motion to allow Jim Ingeneri to refinish the hard floors on Sunday, July 29, 2007 not to exceed $1,265.00.

VACATION REQUESTS

Mr. Herbst made a motion to approve the vacation requests as written.

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

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 2

TOWN BOARD MEETING

STAR EXEMPTION - ANNOUNCEMENT

Mr. Herbst advised audience members that an application for the 2007 Middle Class STAR Rebate Program will be sent out to all applicable residents. This year differs from last year. The deadline is November 30, 2007 for the application to be returned.

EDMOND O’CONNOR

ASSESSORS CONTRACT

Mr. O’Connor introduced the following Resolution to Appoint Assessor to Six Year Term of Employment

R-0707-06

WHEREAS, the Town of Patterson has been involved in a Coordinated Assessment Program with the Town of Kent, Putnam County, New York, by Agreement dated December 29, 1998, in which Christopher G. Boryk provided Assessor services to the Towns of Kent and Patterson with respect to said program, and

WHEREAS, on June 18, 2006 the Town of Kent adopted legislation opting to terminate the aforementioned Coordinated Assessment Program pursuant to the terms of the aforementioned Agreement, and

WHEREAS, the Town Board of the Town of Patterson desires to appoint a full time Assessor to the Town of Patterson for a term of six (6) years commencing on October 1, 2007 in accordance with Section 24 of the New York State Town Law and Section 310 of the New York State Real Property Tax Law, and

WHEREAS, the Town Board of the Town of Patterson feels that CHRISTOPHER G. BORYK is the most qualified individual to hold the position of Assessor;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints CHRISTOPHER G. BORYK to the position of Assessor of the Town of Patterson at an annual salary of Eighty Two Thousand Five Hundred ($82,500.00) Dollars, which position shall commence on October 1, 2007, and which position shall be subject to the personnel policies of the Town of Patterson.

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

Mr. O’Connor stated for the record this appointment is different then the last time. We hired Mr. Boryk as an Assessor under a contract. This time we are hiring him as a town employee. He shall be subject to all personnel policies of the Town of Patterson.

BROADVIEW UPDATE

Mr. O’Connor stated he supplied information to Verizon and they are in the process of sending him a proposal. There is not much more to say. A firm decision will be made when we receive the paperwork from Verizon and we see if the numbers justify a change.

HARBY HOUSE

Mr. O’Connor stated there is a possibility that the Town will be purchasing the Harby House at 22 Leibel Place. I spoke with the appraiser we used previously to inquire about his fee to appraise this house. He told us the cost would be $800.00.

Mr. O’Connor made a motion to prepare to purchase the property of the Harby House and to hire Shawn Roche, of Patterson who is a certified appraiser for the sum not to exceed $800.00.

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 3

TOWN BOARD MEETING

Seconded by Mr. Herbst. All in Favor: Aye. Carried.

ZBA RECOMMENDATION – TWO FAMILY HOMES

Mr. O’Connor stated we have been addressing the problems with two family houses for sometime. We have done investigations into the houses that have been used as two family houses and to see how we can determine whether or not they were pre-existing legally before the code. If I explain this wrong, Mr. Williams or Mr. Molé can interrupt me and explain it correctly. An estopple would not be a problem for the Town. An estopple is a term that means if you let something go by long enough you can’t come along and change your mind. An estopple can not be used against a municipality for enforcing laws. If someone years ago had been neglectful, that doesn’t mean you can stop the current people from enforcing the law. The Law is the law. So, we don’t have to worry about estoppel. We could possibly amend the Accessory Apartment Laws to make it more applicable for some of the situations that we encounter without violating the spirit of the Accessory Apartment Law. We can take a look further into this and discuss it at the August 14, 2007 meeting.

Mrs. Nacerino asked wasn’t one of the issues establishing proof of pre-existing houses.

Mr. O’Connor stated yes there are dates. We need expectable proof. It is mentioned what is expectable in the memo from the Zoning Board of Appeals.

ERNEST KASSAY

AWARD WASTE WATER TREATMENT PLAN PROPANE BID

Mr. Kassay introduced the following Resolution for Acceptance of Propane Bid for Patterson Wastewater Treatment Plant

R-0707-07

WHEREAS, the Town Board of the Town of Patterson has duly advertised for Bids for supply and delivery of liquefied petroleum (LP) gases (Propane) for the Patterson wastewater treatment plant for the period September 1, 2007 through December 31, 2008, and

WHEREAS, only one bid was received for the items that were advertised, and

WHEREAS, PARACO GAS, 800 Westchester Avenue, Rye Brook, New York 10573 has submitted the lowest responsible bid for supply and delivery of liquefied petroleum (LP) gases (Propane) for the Patterson wastewater treatment plan for the period September 1, 2007 through December 31, 2008 for the sum not to exceed Two Dollars and Twenty Five cents ($2.25) per gallon, and

WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid submitted by PARACO GAS;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid of PARACO GAS for supply and delivery of liquefied petroleum (LP) gases (Propane) for the Patterson wastewater treatment plant for the period September 1, 2007 through December 31, 2008 for the sum not to exceed Two Dollars and Twenty Five Cents ($2.25) per gallon, in accordance with the bid submitted by the bidder herein, and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents necessary to give effect to this resolution.

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 4

TOWN BOARD MEETING

Mr. Griffin stated for everyone’s information the back up generator is going to run on liquid Petroleum LP gas. Paraco Fuel was the only bidder but their bid based on research was very responsible, so that is what we are moving forward with tonight.

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

PUTNAM LAKE FIRE DEPARTMENT LETTER OF JULY 13, 2007

Mr. Kassay stated Mr. Peter Maycott, Membership Chairman of the Putnam Lake Fire Department sent a letter dated July 13 informing the Town that Mr. Peter Kunz from Wooded Hills Park Lane, Patterson has been accepted to the Putnam Lake Fire Department.

Mr. Kassay asked Antoinette Kopeck, Town Clerk if the insurance paperwork was completed.

Ms. Kopeck stated the paperwork is completed.

PATTERSON FIRE DEPARTMENT LETTER

Mr. Kassay stated Antoinette Kopeck, Town Clerk received a letter dated July 17, 2007 with the following individuals who have been accepted as new members in the Patterson Fire Department. Their insurance paperwork is also completed.

Karl Brenner

John Morris

David Oritici

Chris Brown

Jack Bambace

Christine Von Dietsch

Kurt Von Dietsch

ROSE LANE UPDATE

Mr. Kassay stated one week ago today Anthony Molé, Town Attorney, and myself met with the residents of Rose Lane. We had a very fruitful meeting. They have been updated continuously by Mr. Molé on the progress. We are at the juncture on whether or not we will be going to court with the preliminary conference, or if the people who own the road are going to ante up what’s left on the road so that the Town could take it over. This is were we stand now. Somewhat similar to Country Hill Road. That road is probably about three weeks ahead of this one. It all depends on whether or not we will be going to court.

GINNY NACERINO

WAGON LANE – UPDATE

Mrs. Nacerino stated at the last Town Board meeting residents of Wagon Lane came before us to ask for our assistance with the treacherous conditions of their road. On July 17, she accompanied Ron Gainer, Town Engineer, Tom McGuinn, Town Engineer and Rich Williams, Town Planner on a site walk to Wagon Lane. Wagon Lane is a single lane approximately 11 feet wide with a dirt and gravel surface. The overall length of the road is approximately 1600 feet. There are no defined pull off areas along the road that will allow vehicles to pass one another. While walking the road it was evident that providing long term maintenance would be both expensive and problematic. We met a few of the residents at different times during the walk. After discussing the condition of the road with them we found there are varying degrees of commitment towards ongoing maintenance of the road. We found out that one of the biggest contributors to the consent decline of the road surface is a lack of adequate drainage along the road. At this point the

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 5

TOWN BOARD MEETING

Town Engineer is putting together a technical memo from the site walk estimating the scope of suggested improvements to be issued to the Town Board.

Mr. Williams stated once we had a better idea of what the financial costs were going to be we would sit with the residents and see what their interests are in various options in moving forward. Certainly one of the options they had is creating a special improvement district which would help them defray the cost over a period of time. The Town could use its weight for borrowing money. That is one option we need to talk to them about.

Mr. Griffin stated did we establish clear ownership of the road or the property.

Mr. Williams stated as far as we can tell at this point that road is crossing property that is currently owned by the Nature Conservancy.

Mr. Griffin stated is there easements.

Mr. Williams stated he pulled all the most recent deeds for all the properties that are onto the road. There are easements listed in most of the deeds, not all. I’m sure if you did a deed research over at the County and you went back you would find easements through all the properties.

Mr. Griffin stated have you reached out to the Nature Conservancy.

Mr. Williams stated no.

Mr. Griffin stated would you like me to do that.

Mr. Williams stated if you desire to do so.

Mr. Griffin stated someone has to call Mark Kay and let him know what is going on.

Mrs. Nacerino stated there was a tremendous impact on the residents there and as indicated the commitment isn’t overall and isn’t unified. People who live on the bottom of the road don’t feel they should contribute as much as people who have a long path up to the top of the road. We have a long way to go in trying to establish what recourse we really do have. We will keep you posted.

Mr. Griffin stated he would like a copy for our Wagon Lane file.

APPOINT MARY JANE CRONIN – RECEPTIONIST

Mrs. Nacerino stated in accordance with the County guidelines for personnel it is with pleasure she introduce the following Resolution to Appoint Receptionist

R-0707-08

WHEREAS, the Town Board of the Town of Patterson is in need of an individual to fill the full time position of Receptionist, and

WHEREAS, the Town Board of the Town of Patterson feels that Mary Jane Cronin is the most qualified individual to hold the position of Receptionist;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Mary Jane Cronin to the position of Receptionist, and

BE IT FURTHER RESOLVED, that Mary Jane Cronin’s hours, sick leave, vacation time and all other terms of employment shall be governed by the Town of Patterson Employment Policy, and her salary shall be determined by the Patterson Town Board.

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 6

TOWN BOARD MEETING

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

APPOINT FRANK FARRELL – RECYCLING WORKER

Mrs. Nacerino introduced the following Resolution to Appoint Recycling Worker in a non-competitive class.

R-0707-09

WHEREAS, the Town Board of the Town of Patterson is in need of an individual to fill the full time position of Recycling Worker, and

WHEREAS, the Town Board of the Town of Patterson feels that Frank Farrell is the most qualified individual to hold the position of Recycling Worker;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Frank Farrell to the position of Recycling Worker, and

BE IT FURTHER RESOLVED, that Frank Farrell’s hours, sick leave, vacation time and all other terms of employment shall be governed by the Town of Patterson Employment Policy, and his salary shall be determined by the Patterson Town Board.

Mrs. Nacerino stated they are two very valued employees.

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

RECREATION REQUEST – PERSONNEL

Mrs. Nacerino stated based on the memo provided by Cathy Bookless I would like to read for the record the approval of CIT’s and volunteer workers for the Recreation Center. I would like to appoint the following:

Mrs. Nacerino made a motion to approve the counselors that were recommended by Ms. Bookless.

Joseph Verde - Sports Camp

Chris Covert - Sports Camp

Nicole Moccio - Harlem Magic Masters

Heather Bay – Pre-K Camp

Erica Consiglio – Pre-K Camp

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

EXECUTIVE SESSION – PERSONNEL

Deferred until end of meeting.

MIKE GRIFFIN

WYNDAM/WINDSOR WOODS SUBDIVISION – UPDATE/STONEWALLS

Mr. Griffin stated we have a couple of memos from the Town Planner. He asked Mr. Williams if he would like to give the Town Board a brief update on Simon and Lisa Hopkins.

Mr. Williams stated Mr. & Mrs. Hopkins approached Mr. Griffin about one week ago about a drainage complaint they had at the Deerwood Subdivision now called Windsor

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 7

TOWN BOARD MEETING

Woods. Water is running down the hill from the adjacent property down an embankment created by the original sub-divider and is eroding away their property. We took a look at the property. He stated he worked with Ron Gainer and Tom McGinn, Town Engineer’s to come up with a scenario where we would divert the run off before it hit the hillside and bring it over to the Town drainage system. We would need to install a drain inlet. We did meet with the sub-divider yesterday to discuss that and other road issues. After a much heated discussion, he did agree that they would seriously consider putting the drain inlet in if the property owner would agree to provide what other conveyance they thought was proper to get the water to the drain inlet. Mr. Williams stated he left a message with the property owners to see if that would be acceptable to them. We will keep the Town Board informed.

Mr. Griffin stated it is limited to how much we can push this position with the individual lots. Especially considering that eighteen months to a year have gone by on a lot of these problems.

Mr. Molé stated they are alleging that the property owner did some things on the property themselves after they finished their work that caused (inaudible). He would prefer they review the matter with the Town Engineer and Mr. Williams, Town Planner. (Inaudible).

Either way they really didn’t do what they were supposed to do out there. They are willing to try to work with the homeowner to get it resolved one way or another.

Mr. Griffin asked Mr. Williams if he would update the Town Board on the stone wall.

Mr. Williams stated as we were reviewing the as built drawings for the road dedication for the Deerwood Subdivision we became aware that a couple of stone walls had been constructed within the Town right away. Typically the Town Board’s policy is we do not take any improvements, such as that, as part of the road dedication. However, these stone walls have minor incursions into that road right-of-way. One of them has been used as a retaining wall to hold back the fill from the septic system that got shifted from the approved location. Mr. Molé has been working with the property owners to develop a licensing agreement. I’m not sure what the status is on that.

Mr. Molé stated the stone wall is extended about (inaudible).

Mr. Williams stated so we have plenty of room for a snow shelf.

Mr. O’Connor stated the regular shoulder……

Mr. Williams stated they are not right on the road way.

Mr. Griffin stated actually one is about eight feet and the other is about nine feet off the road. I went out and looked at them. Mr. Charlie Williams, Highway Superintendent, also took a look at them. The general consensus is that it will not present any major problem for plowing or road maintenance. Rather than ask the homeowners or have the homeowners remove the stone walls Mr. Molé and I discussed the possibility of how we get out of this legally. Mr. Molé suggested doing a licensing agreement.

Mr. Griffin made a motion to authorize Mr. Molé to negotiate a licensing agreement with the two property owners and lots 7 and 30.

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

LOSAP

Mr. Griffin stated at the last meeting we have been contacted by both fire departments. They are interested in revisiting the terms and conditions of the Length of Service Awards program. If you recall, back in May 2005 I met with representatives of both

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 8

TOWN BOARD MEETING

departments, representatives of VFIS and Marshall and Sterling to discuss the possibility of increasing their retirement benefit from $20 per month to $30 per month. There was also a discussion regarding fire department members that are over 65 and if they could still accrue points for the program. Basically the fire department dropped it shortly there after. It has not been revisited since. I have contacted the VFIS, (inaudible) Insurance Agent and I also asked the Town Attorney to give us some guidance on time lines. This would have to be voted on by all Town residences at a general election. He stated he will reissue the memo to the Town Board for 2005. He doesn’t know if there is any point of reissuing the fund balance statements and the plan specifications. They are going to be updated by VFIS shortly. When he receives that he will pass that along. He asked Mr. Molé what the situation relative to the referendum is.

Mr. Molé stated he did not get a chance to look into that today.

Mr. O’Connor stated does that have to be by petition to get on the ballot.

Mr. Griffin stated it has to be done one of two ways. It can either be done by petition or by what the library is doing now. They are currently circulating a petition to get on the ballot for an increase for $222,000.00, or something along those lines, or the Town Board could support it and authorize it to put it on the ballot. He asked Mr. Molé if he could give us that information very soon since we do not have much time. We only have one meeting in August. If we are going to do it we have to be prepared to do it then. I don’t know if it is 60 or 90 days advance notice.

WASTE WATER TREATMENT PLANT CHANGE ORDER

Mr. Griffin introduced the following Resolution Authorizing Change Orders of NYSEG Related to the Patterson Wastewater Treatment Plant

R-0707-10

WHEREAS, the Town Board of the Town of Patterson has approved the construction of a wastewater treatment plant and collection system, hereinafter known as the Hamlet Sanitary Sewer System, that will provide wastewater treatment for several users including Patterson Village Condominiums, Cornwall Meadows Townhouses, Covington Greens Townhouses, twelve parcels on Front Street and the Carmel Central School District (hereinafter referred to as the “project”), and

WHEREAS, the Town Board has entered into a contract with Stearns & Wheler, LLC, Environmental Engineers and Scientists, 35 Corporate Drive, Suite 1000, Trumbull, Connecticut 06611, to provide project management and related services in connection with the project, and

WHEREAS, NYSEG was required to perform work on the project, and

WHEREAS, NYSEG has submitted a change order for its work on the project, a copy of which is attached hereto, in the sum of Nineteen Thousand Nine Hundred Dollars and Ninety Six Cents ($19,900.96), and

WHEREAS, Stearns & Wheler, LLC has reviewed said change order request, and has approved the change order request in the total amount of Nineteen Thousand Nine Hundred Dollars and Ninety Six Cents ($19,900.96), and

WHEREAS, the Town Board of the Town of Patterson wishes to approve the aforementioned change order;

NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby approves the change order submitted by NYSEG in the total amount of Nineteen

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 9

TOWN BOARD MEETING

Thousand Nine Hundred Dollars and Ninety Six Cents ($19,900.96) for the work performed by NYSEG on the project, which includes vehicles, labor and materials, and

BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby approves the payment to NYSEG in the sum of Nineteen Thousand Nine Hundred Dollars and Ninety Six Cents ($19,900.96) for the aforementioned change order, and

BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute any and all documents and to take any and all action necessary to give effect to this resolution.

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

Roll Call: Mr. Herbst; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin.

LUCAS PINE TREE

Mr. Griffin stated Mr. & Mrs. Lucas are here tonight. They have purchased the property to the North of H. Ted Bauman Park and right at the edge of their property sits approximately an 80 foot tall white pine. The branches extend over their driveway and partially over their house. They have expressed a concern because the driveway is about 8 to 10 inches from the base of the tree. I know that white pine trees do not have significant root systems. It looks like there could be three possible courses of action. The first is to take no action. The second is to offer the property to the Lucas’ so then it would be their pine tree to do with as they will or for the Town to come in and get a contractor or have our current contractor Hawthorne Tree service to come in and remove the tree. The tree sits amongst the power lines and sits over the driveway where they park both their cars. With high winds and heavy snow it could topple over onto their house.

Mr. Molé stated (inaudible)

Mr. Griffin stated we would have to have a contractor that NYSEG accepts to go out and cut it down because it is around the power lines.

Mr. Molé stated (inaudible)

Mr. Griffin stated NYSEG can go out and prune it, but then it would be lopsided to the point where it would be more inclined to fall over. I think the two options in my mind would be to offer the Lucas’ all the property north of the fence, which would give you a significant side yard and it would become your tree to do as you wish, or the Town should get an estimate from Hawthorne Tree Services to what it would cost to have it removed.

Mr. O’Connor stated if the tree fell the other way into the park how far would it reach.

Mr. Lucas stated but it is leaning toward the house.

Mr. O’Connor stated we certainly don’t want it to fall toward your house and we also don’t want it to fall into H. Ted Bauman’s playground.

Mr. Griffin stated he doesn’t think it would reach the playground but it would reach the picnic area. Mr. Williams and I were out there and we do agree the tree does present some potential problems, because under heavy snow white pines do tend to break branches. The tree does look to be very healthy. He asked the Lucas’ if they would be interested in the property if the Town were to give them a lot line adjustment. The property would be yours up to the fence at the Towns expense.

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 10

TOWN BOARD MEETING

Mr. Lucas stated sure we will take it.

Mr. Griffin stated then it is your tree to do whatever you would like to do with it.

Mr. & Mrs. Lucas stated they would get someone to take care of the tree and make sure that they are insured.

Mr. Griffin stated that will become an issue between you and NYSEG.

Mr. Kassay stated with the lot line adjustment will the fence still be on Town property.

Mr. Griffin stated we could either make that the property line or give ourselves six inches.

Mr. Kassay stated so we don’t have to touch the fence.

Mr. Griffin stated no. Hopefully when the tree comes down the fence will stay. It will be quite a trick to take down that tree.

Mr. Art Connolly stated what about the line going through the tree.

Mr. Griffin stated NYSEG does allow approved contractors to work around their lines. They have to be approved contractors. The Town can’t touch anything that is within 10 or 20 feet of NYSEG power lines. The contractor that the Town has a contract with is licensed to take down trees around the power lines. Once the tree belongs to the Lucas’ it becomes a matter between the homeowner and the power company.

Mr. O’Connor stated if you convince the power company that it is a threat to their lines, they will trim away the branches and make it easier for the guy who will remove the tree.

Mrs. Lucas spoke but unable to transcribe.

Mr. Connolly stated his son had a situation like that in Connecticut. The lighting company had to take the lines down and then they took the tree down.

Mr. Griffin stated giving away the property and the tree is a better deal for the Town. He asked Mr. Molé what we need to do.

Mr. Molé stated we need a description.

Mr. Williams stated we need to get an entire survey and draw up (inaudible) lot line adjust plot. (Inaudible)

Mrs. Lucas stated she would like to get a copy of that.

Mr. Griffin stated you will have to sign it and you will be a party to the agreement.

Mr. Lucas stated will we have to pay for this survey.

Mr. Griffin stated no. This will be paid by the Town. We will move forward on the lot line adjustment. Once that is approved you will be able to do whatever you want with the tree.

HARMONY ROAD – SPEED LIMIT REDUCTION

Mr. Griffin stated he received calls from concerned residents because as of right now Harmony Road is not posted for a speed limit, which in the state of New York automatically makes it a 55 mile per hour road. For any of you who have ridden on

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 11

TOWN BOARD MEETING

Harmony Road, 55 miles an hour is very fast. He asked if Mr. Kassay would take a look at that.

Mr. Kassay stated we will have to do a local law. He will look into it and take care of it.

EXECUTIVE SESSION – LEGAL

Deferred until end of meeting.

OTHER BUSINESS

Mr. O’Connor stated we are going to be doing a work shop on Violence in the Workplace. We will be scheduling a firm who specializes in this to come to Town Hall and speak to us. The pamphlet they provided me with explains what will take place. I have made a few changes. They have suggested one contact person and I think it should be more than one person. The Town Board members should be the contact people.

Mrs. Nacerino stated it should be a male and a female.

Mr. O’Connor stated in case someone is uncomfortable speaking with someone they could always go to another Town Board member. Please take a moment to read through this. I will be going to a seminar on August 1 and would like to give a class right after the August meeting.

PUBLIC RECOGNITION

Mr. Bob Odell stated why are you giving the Assessor a contract. Why isn’t he a regular employee like you said he would be.

Mr. Griffin stated we are not giving him a contract. He will be a regular employee like we said he would. The State of New York requires us to appoint him for a term of six years.

Mr. Odell stated can you fire him next week if he does something wrong.

Mr. O’Connor stated by cause.

Mr. Griffin stated yes for a cause we can fire him.

Mr. O’Connor stated we received a letter from the State stating we have two choices. We can make it a six year contract or an appointment that is six years. Previously he had a six year contract. We decided it would be easier to treat him as a regular employee. There is no contract, but the six year term is mandated by law. He can be fired for cause at anytime.

Mr. Odell stated who does he report to.

Mr. Griffin stated the Town Board.

Mr. Odell stated all of them.

Mr. Griffin stated yes.

Mr. Odell stated you are the one that gets the gripes.

Mr. Griffin, O’Connor & Kassay stated yes.

Mr. O’Connor stated I’m afraid that is the case.

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 12

TOWN BOARD MEETING

Mr. Art Connolly stated what about the violations. You sent the guy for a refrigerator and stove and it is still there. It has been over a month. The door on the refrigerator is closed. It’s right on the corner.

Mr. Griffin stated did you show Alan Jacknick all of this.

Mr. Connolly stated is he one of your boys.

Mr. Griffin stated it is such a pleasure to see you. I sent Mr. Jacknick there and violations were issued. Is it on Town property or private property.

Mr. Connolly stated private.

Mr. Griffin stated then it is a little more complicated. If we take it then it is considered stealing.

Mr. Connolly stated why is it so complicated. Unbelievable.

Mr. Griffin stated if I can take his refrigerator then I can take your refrigerator. Do you want me to come to your house and take your refrigerator.

Mr. Connolly stated the door is still on the refrigerator.

Mr. Griffin stated it is a major concern. I will ask the Sanitation Department to pick it up.

Mr. Connolly stated there we go again. Why should they be involved.

Mr. Griffin stated who else is going to do it. Do you want to give me a hand.

Mr. Connolly stated no. I don’t work for the Town.

Mr. Griffin stated if we send the Sanitation Department over there would that be better.

Mr. Connolly stated you are the greatest.

Mr. Griffin stated I give up. Who would you like me to send.

Mr. Connolly stated send it over to Connecticut.

Mr. Kassay stated I read something about that refrigerator.

Mr. Griffin stated it’s on private property and unfortunately that is the way we have to handle it.

Mr. Bob Farese stated regarding the Assessor’s contract what constitutes him falling out of favor with the Town Board.

Mr. Griffin stated it wouldn’t necessarily mean falling out of favor you would have to fire him for cause which would be……

Mr. O’Connor stated the three terms are misfeasance, nonfeasance and malfeasance. Misfeasance means you are doing it badly; nonfeasance means you are not doing it at all, and malfeasance means you are doing it illegally. Those are the three broad categories under which charges for dismissal can be brought.

Mr. Farese stated we did not have a contract like that last time. We didn’t have the choice last time.

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 13

TOWN BOARD MEETING

Mr. O’Connor stated we had a contract with him……

Mr. Kassay stated we had shared services with the Town of Kent.

Mr. Farese stated yes. He asked Mr. Williams if Wagon Wheel was a common drive.

Mrs. Nacerino stated no.

Mr. Williams stated essentially it is, but it is a driveway on the East.

Mr. Farese stated so it is the responsibility of the homeowners.

Mrs. Nacerino stated yes.

Mr. Farese asked how much Frank Farrell’s salary is.

Mr. Griffin stated it is about $14,000.00.

Mr. Kassay stated right now it isn’t even that high. It is somewhere around $12,000.00.

Mr. Farese stated this is not an additional job for him.

Mrs. Nacerino stated no, it is just an appointment in accordance with Putnam County Personnel.

Mr. Farese stated he is a great guy. He does his job well.

Mr. Griffin stated the State came down and audited Putnam County Department of Civil Service. They found a number of discrepancies. Job titles that didn’t exist, people that should be in competitive Civil Service titles that weren’t. They audited all the Towns. They came to Patterson and made a determination. Three employees had to take the Civil Service Exam. Mary Jane Cronin is one. She passed her test; she was in the top three. So now she is Civil Service. They weren’t happy with Frank Farrell’s job title. We called him Administrator to the garbage district and they wanted to call that position Recycling Worker. To be able to re-file our MSD220 with the County we needed to change the job title.

Mrs. Nacerino stated his salary didn’t change. It is in accordance with Putnam County Personnel.

Mr. Farese asked has the Town Board addressed the Hudson Valley Conservation Act.

Mr. Griffin stated it has been looked at but I’m not sure which way we are going to go on that yet.

Mr. Farese stated it will be an open discussion sooner or later.

Mr. Griffin stated yes.

Mr. Farese stated thanks, good job guys.

Mr. Kassay, O’Connor thanked Mr. Farese.

Mr. Raymond Merlotto asked where Harby House is.

Mr. Griffin stated right in the back.

Mr. Merlotto stated what’s the idea of spending $800.00 to have it assessed. What is the driving force behind this.

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 14

TOWN BOARD MEETING

Mr. Griffin stated there are two reasons. One, we are in the process of inquiring some of the property back there for the re-location of the Court House facility. Mr. Harby approached the Town and said he would be interested in selling the Town his property as

well. The Town Board felt it would be a responsible situation to take a look at his property and have it evaluated by the Town Planner. We would also have an appraiser take a look at it and see if his numbers were reasonable and if it made any sense.

Mr. Merlotto asked how big is the property.

Mr. Griffin stated under two acres.

Mr. Merlotto asked where is Wagon Lane.

Mrs. Nacerino stated off Route 164 and Farm to Market Road, it’s right off Farm to Market.

Mr. Merlotto asked who pays for the Waste Water Treatment Plant Change Order.

Mr. Griffin stated that is paid by the District.

Mr. Merlotto asked by the Sewer District.

Mr. Griffin stated yes.

Mr. Merlotto stated a couple of weeks ago I spoke to you about Mr. Dapuzzo’s hours. Do you remember that.

Mr. Griffin stated yes.

Mr. Merlotto stated you told me he had like 900 hours accumulated.

Mr. Griffin stated well he had. I didn’t bring the file with me since I didn’t know we were going to be speaking about this. Sometime back in the late 90’s Mr. Kassay brought up on his agenda that he and Mr. Dapuzzo sat down and agreed to a specific amount of comp time that Mr. Dapuzzo had accrued over his time of employment. The Town Board by Resolution adopted that number to make it part of the record and he has been working off of that since.

Mr. Merlotto stated what you are telling me is that he accrued this time back in the late 90’s and we are going to be paying him the rate he is receiving in 2007. Back then he was getting $8.00 an hour and now he is getting $17.50. That is a pretty nice raise. I wish I could get a raise like that. I don’t know what you are doing, but I hope you know what you are doing.

Mr. Griffin stated this is labor law. You can either take things like that in terms of overtime or you can take it as comp time.

Mr. Merlotto stated he is a part-timer. He gets vacation and an expense account. He does nothing. Show me something he did good. He couldn’t even get the garbage off the guy’s driveway. It’s been more than a month.

Mr. Griffin stated it has nothing to do with Joe. First of all it is on private property.

Mr. Merlotto stated it’s on Town property.

Mr. Griffin asked Mr. Connolly is it on Town property.

Mr. Connolly stated yes.

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 15

TOWN BOARD MEETING

Mr. Griffin stated then the Town can take care of it.

Mr. Connolly stated the road is 50 feet. 25 from the (inaudible). Am I right.

Mr. Griffin stated yes, some roads.

Mr. Connolly stated up there they are.

Mr. Griffin stated you didn’t clarify it. Tell me what road it is or do you want me to talk to Alan.

Mr. Connolly stated are you kidding or what.

Mr. Griffin stated I’ll talk to Alan.

Mr. Connolly stated you sent your boy over, he wrote it down.

Mr. O’Connor stated he never saw it.

Mr. Connolly stated yes.

There being no further business, Mr. Griffin made a motion to go into Executive Session at 8:30 p.m.

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

Mr. O’Connor made a motion to close Executive Session at 8:55 p.m.

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

Mr. Griffin introduced the following Resolution for Authorization to Sign Stipulation Relating to Town Violation Pending in Patterson Justice Court

R-0707-11

WHEREAS, an Appearance Ticket dated July 3, 2007 has been issued by David I. Raines, Code Enforcement Officer for the Town of Patterson in the above-captioned matter regarding the property owned by Patterson Materials Corp. and designated as Tax Map No. 3.-1-74 in the Town of Patterson, Putnam County, New York; and

WHEREAS, the aforementioned Appearance Ticket, a Supporting Deposition, and a Patterson Quarry History have been submitted to the Justice Court of the Town of Patterson; and

WHEREAS, the aforementioned Appearance Ticket has been issued for an alleged violation of Section 154-26 of the Patterson Town Code; and

WHEREAS, a disposition has been reached between the Town of Patterson, Putnam County, New York (hereinafter referred to as the “Town”), and Patterson Materials Corp. c/o John Peck ham (hereinafter referred to as “Defendants”) to resolve the matter without further court proceedings, and

WHEREAS, a Stipulation has been prepared by the Town Attorney for the Town of Patterson and negotiated with the attorney representing Patterson Materials Corp., in the form attached hereto, and

WHEREAS, the matter came before the Patterson Justice Court on Monday, July 23, 2007, at which time Patterson Materials Corp. signed the Stipulation in the form attached

PATTERSON TOWN BOARD JULY 25, 2007 PAGE 16

TOWN BOARD MEETING

hereto, and the Court approved the Stipulation contingent upon the Town Board of the Town of Patterson’s approval, and

WHEREAS, the Town Board has consulted with its Town Attorneys, Curtiss, Lei bell & Shilling, P.C., in this matter and wishes to resolve the matter pursuant to the terms of the Stipulation attached hereto and made a part hereof, and

WHEREAS, the Town Board finds that it is in the best interest of the Town to enter into the Stipulation in the form attached hereto and made a part hereof;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves of the terms of the Stipulation attached hereto and made a part hereof, and

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Supervisor of the Town of Patterson and David I. Raines, the Code Enforcement Officer of the Town of Patterson, to sign the Stipulation on behalf to the Town of Patterson, in the form attached hereto and made a part hereof, and authorizes the Town Attorneys to submit the fully executed Stipulation to the Patterson Justice Court to be So Ordered by the Court.

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

Mrs. Nacerino made a motion to accept the letter of resignation from Margie Picciano as Camp Director and appoint Trisha Toussant to fill in for the rest of the term, which is July 30 through August 17 as Day Camp Director.

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

ADJOURNMENT

There being no further business, Mr. Herbst made a motion to adjourn the Town Board Meeting at 9:00 p.m.

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