PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

AUGUST 10, 2011

MINUTES

PRESENT: MICHAEL GRIFFIN, SUPERVISOR

KEVIN BURNS, COUNCILMAN

JOSEPH CAPASSO, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

EDMOND O’CONNOR, DEPUTY SUPERVISOR

EILEEN CORBLEY, DEPUTY TOWN CLERK

JAY HOGAN, 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 23 in attendance.

REPORTS

Mr. Griffin asked the clerk to file the reports as read.

Code Compliance – July

Code Enforcement – July

Dog Control Officer - July

E.C.I. - July

Putnam Lake Fire Dept.-None

Patterson Fire Dept.-None

SUPERVISOR REPORTS

Mrs. Nacerino made a motion to approve the Supervisor’s Report as written for July 2011.

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

MINUTES

Mrs. Nacerino made a motion to approve the following minutes:

Bid Opening – Recycled Materials Garbage District No. 2 – July 18, 2011

Bid Opening – Roadway Improvements Route 311 & I-84 - July 25, 2011

Bid Opening – Liquefied Petroleum (LP) Gas – Propane – August 4, 2011

Public Hearing Minutes – Zoning Chapter 154 Gas Stations – July 13, 2011

Public Hearing Minutes – Fees – July 27, 2011

Town Board Meeting Minutes – July 13, 2011

Town Board Meeting Minutes – July 27, 2011

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

AUDIT OF BILLS

Mrs. Nacerino made a motion to accept Abstract No. 13 as written:

General Fund $140,927.28, Highway Fund $30,998.26, Waste Water Treatment Plant $7,961.55, Capital Fund $63,144.46, Patterson Light District $23.96, Putnam Lake Refuse District #1 $20,454.55, Patterson Refuse District #2 $34,493.08, Patterson Park District $2,909.18, Alpine Water District $498.95, Dorset Hollow Water District $195.00, Fox Run Water District $232.04, Grand Total Abstract $301,838.31.

Seconded by Mr. Capasso. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.

KEVIN BURNS

LIQUEFIED PETROLEUM – AWARD BID

Mr. Burns made a motion to award the Liquefied Petroleum bid to Paraco Gas Corporation for the Patterson Hamlet Wastewater Treatment Plant for an amount of $2.88 per gallon. The price of $2.88 will be good from September 1, 2011 to August 31, 2012.

Seconded by Mr. O’Connor. 4-1. 1-Abstain.

JUSTICE COURT GRANT – RESOLUTION

Mr. Burns introduced the following Resolution for the 2011 Justice Court Assistance Program Grant Application:

R-0811-01

WHEREAS, the Patterson Justice Court has identified the need for the purchase of certain equipment to improve efficiency and security at the Patterson Court facility, and

WHEREAS, the Town Board of the Town of Patterson has prepared and wishes to submit an application under the New York Justice Court Assistance Program for the purpose of providing this equipment for the Justice Court facility, and

WHEREAS, purchase of equipment is a Type II action pursuant to 6 NYCRR Part 617, and not subject to further review under the SEQRA regulations;

NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby authorized the submission of the grant application under the New York Justice Court Assistance Program in the amount of $24,100.00 for the purchase of video surveillance equipment, a computer, a copier and tables, and

BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson hereby appoints the Supervisor, Michael Griffin, as the representative authorized to act on behalf of the Town Board in submission of the New York Justice Court Assistance Program application. The Supervisor is further authorized to make application, execute any required contracts related to the application, submit Project documentation, and otherwise act for the Town Board in all matters related to the Application for the Project;

(2) Cameras in Courtroom plus independent recorder $3,200.00

(2) tables in Courtroom for Prosecutor & Defense Counsel $1,400.00

(1) table for Court Reporter $600.00

(1) Computer for Judge $1,900.00

(1) Printer/Fax/Scanner/Copier $17,000,00

Total $24,100.00

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

TIME OFF/CONFERENCE REQUEST(S)

Mr. Burns made a motion to approve three (3) time off and one (1) conference requests.

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

BUDGET TRANSFER(S)

Mr. Burns made a motion to approve Budget Transfer Request No. 28 through 30.

Budget Transfer Request No. 28

From: A.7146.107 Recreation Programs PS – Ski (400.00)

A.7146.407 Recreation Programs Cont – Ski (385.00)

A.7146.408 Recreation Programs Cont – Sports (415.00)

To: A.7146.108 Recreation Programs PS – Sports 400.00

A.7146.414 Recreation Programs Cont – Camps 800.00

Budget Transfer Request No. 29

Increase: DA.2665 Sale of Equipment (7,800.00)

Revenue Account

Increase: DA.5130.200 Machinery Equipment & Capital Outlay (7,800.00)

Expense Account

Budget Transfer Request No. 30

From: A.8010.450 Zoning Board – Training (245.00)

To: A.8021.450 Planning Board – Training 245.00

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

CLOVER LAKE - DISCUSSION

Mr. Burns stated I left a memo in everyone’s mailbox regarding an update on our discussions with the Clover Lake project. Mike I didn’t leave one for you because you are conflicted out on this. Ginny and I have met with members of Clover Lake along with Patricia Brooks, Comptroller. I don’t think we have a consensus as to what to do. I have a sense of where we are going to go, if we are going to do anything at all. I would suggest you review the memo and at the next meeting we can discuss it.

Mr. Burns made a motion to add two items to his agenda on the Reed property and Historical Society Revolutionary graveyard.

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

REED PROPERTY

Mr. Burns stated there has been a commitment to go forward with the demolition on the Reed property.

HISTORICAL SOCIETY REVOLUTIONARY GRAVEYARD

Mr. Burns stated my son is a senior at Carmel High School who did community service at the revolutionary graveyard that is taking place in our Town on Route 311. He worked with Ron Taylor of the Historical Society. He found it to be a very fulfilling program.

JOSEPH CAPASSO

SOUTHEAST MECHANICAL CORP’S PROPOSAL – DISCUSSION

Mr. Capasso stated Southeast Mechanical has been awarded the bid for our HVAC at the Recreation Center. They are doing a superb job. We do not have a contract with HVAC for the Town Hall, Recreation Center or Wastewater Treatment plan.

Mr. Capasso made a motion to approve Southeast Mechanical as our HVAC supplier and contractor for the rest of the season.

Seconded by Mr. O’Connor.

Mr. Burns stated discussion. Were they the ones who came out when we had a problem here.

Mr. Capasso stated yes. That is why we want to keep them on for the rest of the year.

Mr. Griffin stated do you have an hourly rate Joe.

Mr. Capasso stated I have an hourly rate for the contracts but I don’t want to accept the contracts yet because I want to get three prices. It was $121.00 I think.

Mr. Griffin stated there is a number $121.30 on here. Is that what we are going to approve.

Mr. Capasso stated it was $121.00. That’s what Paul told me. We will just use them for the rest of the season.

Mr. Griffin stated if we don’t set a rate, Trish will have something to say. So do we want to use the $121.00 figure.

Mr. Williams stated yes, especially when it comes down to the wastewater treatment plant. They did a phenomenal job, better than anyone in the past. I’m in favor of them. We are going to use them for emergency service but if I have a case by case basis and I feel I can shop around and get a better price, I will still be able to do that.

Mr. Capasso stated that is fine with me.

Mr. Griffin stated basically what we are talking about is the rest of the cooling season.

All In Favor: Aye. Carried.

LETTER FROM SENATOR BALL – VETERANS

Mr. Capasso stated I have a letter from Senator Ball stating on November 10, 2011 the Veterans Hall of Fame for the New York State Senate’s 40^thDistrict will enshrine its first class of honorees, recognizing one veteran from each Town or City within the Senate District. There is a nomination form to fill out with the nomination of one veteran within Patterson for induction to the Hall of Fame.

MARSHALL & STERLING HEALTH INSURANCE PROPOSAL - DISCUSSION

Mr. Capasso stated Kevin and I met with Marshall & Sterling regarding our health insurance. We are looking into possibly changing our health insurance to save money. My concern was that we will be able to continue to use the doctors that are in our network. We have a form that will be circulated to the employees to list their doctors so we can make sure they are in the network. I don’t feel that senior citizens or people who are using their doctors for thirty years are going to want to change. There is a substantial savings. There will be a possibility of us saving $200,000.00 to $260,000.00.

Mrs. Nacerino stated we have been wrestling with this for a couple of years now. We need not compromise the benefits for the employees.

Mr. Capasso stated they did that for us. If we do go with them and pick one of those plans, we could possibly add on dental and still save a substantial amount of money.

Mr. Burns stated this is an anonymous form. This is not something they will be providing us with their information, we are just asking for the names of the doctors.

Mr. Capasso stated currently we are paying $547,286.00 per year. We could reduce that anywhere between $200,000.00 and $260,000.00.

Mr. Griffin stated more than a few details will have to be worked out on that. It was a good presentation.

MICHAEL GRIFFIN

PROCUREMENT POLICY – RESOLUTION OF ADOPTION

Mr. Griffin introduced the following Resolution for Town Procurement Policy for Goods and Services Pursuant to Section 104-B of General Municipal Law:

R-0811-02

WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are not subject to the bidding requirements of General Municipal Law 103, or any other law; and

WHEREAS, the Town Board of the Town of Patterson adopted a policy for the procurement of goods and services for the Town of Patterson on April 22, 1992, and

WHEREAS, the Town Board of the Town of Patterson wishes to amend said policy to address changes to State Law and provide a more comprehensive procurement policy,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson does hereby adopt the following procurement policies and procedures, which shall replace in its entirety the policy adopted on April 22, 1992, and

BE IT FURTHER RESOLVED, that these policies and procedures shall be used by all Town of Patterson Departments and personnel in making purchases effective immediately.

1.0 Purpose

Goods and services must be procured in a manner so as to assure the prudent and economical use of public moneys, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, to encourage fair and open competition and to guard against favoritism, improvidence, extravagance, fraud, and corruption.

Goods and services purchase pursuant to a public works contract, or which exceed a specific dollar amount must meet certain State-mandated requirements for those purchases. Goods and services which are not required by law to be procured pursuant to competitive bidding or other State-mandated requirements should still be purchased in a manner that comports with the aforementioned purpose of this procurement policy.

To further these objectives, the Town Board of the Town of Patterson has adopted these policies and procedures governing all purchases of goods and services. It is the responsibility of each designated and authorized purchaser to follow the guidelines established within this policy and to make every attempt to stay within the framework of the approved and/or amended annual budget when considering expenditures.

2.0 Applicability

This policy and procedure applies to all commodity, service, and professional service contracts procured for the Town of Patterson by any Department thereof, or any employee or Elected Official or Appointed Official.

3.0 Definitions

Best value - Typically the basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis.

Invitation for Bid - A competitive solicitation in which a sealed offer or proposal is submitted by a bidder to provide a product, commodity or service at a stated price for the stated contract term, and where the award is made to a responsible bidder with the lowest price.

Lowest price - Typically the basis for awarding contracts for commodities among responsive and responsible offerers, unless specified otherwise in the solicitation.

Professional Services - Services offered to the Town of Patterson of a professional nature including but not limited to legal services, engineering services or accounting services.

Purchaser - Any department head or other person authorized by the Town Board of the Town of Patterson to make purchases

Purchase Contract - The acquisition by purchase of commodities, materials, supplies or equipment.

Public Works - The construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and decorating of a capital improvement, paid for in whole or in part out of the funds of a public body.

Request for Proposals - A competitive solicitation seeking proposals for a specified service or technology, pursuant to which an award is a made to the responsive and responsible proposer offering the best value.

"Responsible" or "responsibility" means the financial ability, legal capacity, integrity, and past performance of a business entity, or such other qualities which are set forth in Section 8, below or specifically stated in an Invitation for Bid or Request for Proposal.

"Responsive" - means a bidder or other offerer meeting the minimum specifications or requirements as prescribed in a solicitation.

Restricted period - the period of time commencing with the earliest written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method for soliciting a response from offerers intending to result in a procurement contract with a governmental entity and ending with the final contract award and approval by the governmental entity.

Service contract - the purchase of the performance of task or tasks, or of technology.

Sole Source Contract - A purchase in which only one vendor can supply the commodities or services required.

4.0 Procedures for determining whether a procurement is subject to competitive bidding.

A. Every purchase to be made must be initially reviewed by the purchaser to determine whether it is a purchase contract, a public works contract or a service contract. At the same time an assessment shall be made to determine the aggregate amount to be spent on the work, commodity or service, taking into account past purchases and the aggregate amount to be spent in a year. All procurements made by an employee or Officer of the Town of Patterson shall be made as follows:

B. The following procurements are subject to a competitive solicitation and require an Invitation to Bid to be offered:

1. Purchase contracts equal to, or greater than $20,000

2. Service contracts, excepting for professional services or technology contracts equal to, or greater than $20,000

3. Public works contracts equal to, or greater than $35,000

C. The following procurements are subject to a competitive solicitation requiring a Request for Proposals to be offered:

1. Professional Services contracts equal to, or greater than $20,000

2. Contracts for the design of a capital improvement, where the contract for the design may exceed $10,000.

3. Contracts for a consultant to complete a study or evaluation where the

contract amount may exceed $10,000.

D. The following procurements are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law, or a Request for Proposals to be Offered. However, purchase of Items 1 through 3 must follow the procedures described in Section 5.0, below:

1. Purchase contracts under $20,000

2. Public works contracts under $35,000

3. Service or Technology Contracts under $20,000

4. Professional Services Contracts under $20,000

5. Emergency purchases

6. Sole Source contracts

7. Goods purchased from correctional institutions or municipal hospitals

8. Goods purchased from agencies for the blind or severely handicapped

9. Purchased under State and County, contracts

10. Surplus and second-hand purchases from another governmental agency

E. Except for procurements made pursuant to General Municipal Law, section 103(3) (through county contracts) or section 104 (through State contracts), State Finance Law, section 162, Correction Law, sections 184 and 186 (from "preferred sources," including articles manufactured in correctional institutions), or the items excepted herein (see below), alternative proposals or quotations for goods and services shall be secured by use of either written requests for proposals, written quotations, verbal quotations or any other method of procurement that furthers the purposes of the General Municipal Law, section 104-b.

F. The decision that a purchase is not subject to Competitive bidding will be documented in writing by the purchaser. The information gathered and the conclusions reached shall be documented, preserved and filed with the documentation supporting the purchase activity. Acceptable documentation includes:

1. Use of an approved quotation form

2. Written or verbal (noted in writing) quotes

3. Memo from purchaser indicating how decision was made (attach to voucher and invoice)

4. Memo from purchaser detailing circumstances which lead to an emergency purchase, if applicable, (attach to voucher and invoice)

5. For Sole Source Contracts the purchaser must document why the proposed vendor is the only viable source for the commodities and/or services needed.

5.0 Method of purchase to be used for non-bid procurements

A. The following guidelines are to be used in determining the proper method of solicitation to be used for procurements made by the Town of Patterson that are not subject to an Invitation to Bid or a Request for Proposal;

1. For the purchase of a commodity, equipment, a service or equipment:

$500 - $999 At least 2 verbal quotations from 2 vendors. Written documentation on file.

$1,000 - $9,999 A written request for quotations made to at least 3 vendors,

giving each vendor equal opportunity to provide a written quotation in response.

$10,000 - $19,999 A written request for quotations made to at least 4 vendors, giving each vendor equal opportunity to provide a written quotation in response

2. For estimated public works contracts:

$500 - $1,999 At least 2 verbal quotations from 2 vendors. Written documentation on file.

$1,999 - $4,999 A written request for quotations made to at least 2 vendors, giving each vendor equal opportunity to provide a written quotation in response.

$5,000 - $14,999 A written request for quotations made to at least 3 vendors, giving each vendor equal opportunity to provide a written quotation in response.

$15,000 - $34,999 A written request for quotations made to at least 4 vendors, giving each vendor equal opportunity to provide a written quotation in response.

B. All purchases for goods or services must receive prior approval by the Town Board, except that Town Board approval shall not be required in the following circumstances:

1. Any item which is specified in a department budget and thereby given prior approval by the Town Board as part of the approved and/or amended budget.

2. Any procurement to be made by an elected official as long as it is within the limits of the approved budget.

3. Purchases less than $1,500 for the Highway Department and the Special Improvement districts by individuals so authorized to make purchases for the those entities, or

4. Purchases less than $750.00 for all other departments or individuals purchasing a commodity or service for the Town of Patterson

5. Purchases of goods and/or services necessitated by a public emergency arising out of an accident or other unforeseen occurrence or condition whereby circumstances affecting public buildings, public property or the life, health, safety or property of the inhabitants, require immediate action which cannot await competitive bidding, contracts for public work or the purchase of supplies, material or equipment.

The aforementioned exceptions remain subject to the procurement- policy guidelines relative to seeking the best possible quotation

C. A good faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to obtain the required number of proposals or quotations, the purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.

D. Notwithstanding the aforementioned requirements of this subsection, Town Departments may purchase commodities without solicitation of more than one quotation if the commodity or service is one that is offered under a contract price offered under a Putnam County contract or under a contract offered by the New York State Office of General Services or is for a price that is less than the contract price offered under a Putnam County contract or under a purchase contract offered by the New York State Office of General Services and the commodity or service is equal in quality to the commodity or service offered under one of the aforementioned contracts. .

6.0 Required documentation to support procurement of goods or services.

A. All documentation including facts supporting the judgment, required by these guidelines for the specific procurement shall be preserved and kept on file or incorporated into the minutes meeting held by the Town Board.

1. Approved Quotation Form - An official form devised by the Town of Patterson on which can be annotated all pertinent and required information.

2. Verbal Quotations - Telephone log or other notes of a conversation indicating date, item or service desired, price quoted, name of contact.

3. Written Quotations - Vendors should provide at least date, description of item or details of service, price quoted, name of contact. (Attach to invoice and voucher)

4. Requests for Proposals - Usually used for obtaining professional services. Should consider price, experience, staffing, suitability for needs.

7.0 Awards made to other than lowest responsible offerer

The lowest responsible proposal or quote shall be awarded the purchase or public works contract. In the event it is determined that it is in the best interests of the town and its taxpayers to make an award to other than the low bidder, the Purchaser shall submit the relevant documentation and a written explanation setting out the reasons for such determination. If a bid is not deemed responsible, facts supporting that judgment should be documented as well as all such steps taken to assure that the lowest possible price available was obtained.

8.0 Responsible Bidders

In evaluating whether a bidder is a “responsible” bidder, the factors relevant to the bidder’s performance of the work, or ability to deliver the commodity or equipment specified in a solicitation, or such other factors as may be listed in this solicitation shall be considered, including but not limited to

1. Financial and organizational capacity;

2. Legal authority to do business in the State of New York and the County of Putnam;

3. Integrity of the owners/officers/principals/members and contract managers;

4. Past performance of the bidder on prior government contracts;

5. Travel distance from the Town of Patterson;

6. Sufficiency of bidder’s equipment and/or manpower to meet the requirements deliverables of this solicitation.

9.0 Restriction Period

There shall be no contact between any potential bidder and any employee or official of the Town of Patterson during the “restricted period”, except for those individuals so designated by the Town Board, or as may be provided in the solicitation.

10.0 Unintentional failure to comply

The unintentional failure to comply fully with the provisions of General Municipal Law, Section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Patterson or any officer or employee thereof.

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

COMPUTER POLICY - DISCUSSION

Mr. Griffin stated this is another part of our corrective action plan response. We have a computer plan that is proposed in our new handbook that we are about one meeting away from adopting. We have had an alternative computer plan suggested. I would like all Town Board members to look at this. If you have comments let me or Rich Williams know.

Mrs. Nacerino stated has there been any discussion or overtures to unify our email system. Right now people use their private email for work. Has the State cited us in any way that we should have a uniform integrated email system. How does that work in incorporating a policy whereby people are using their private emails. I have been lobbying for this for years.

Mr. Rich Williams stated we haven’t gotten that far in our evolution in getting up to date with computer technology.

Mrs. Nacerino stated everyone should be at pattersonny.org. It shouldn’t be susiesmith@aol.com. It should be a Town email system.

Mrs. Nacerino stated you are right. Everyone at this point has their own email accounts at Pattersonny.org. There are some people who have had long standing email accounts such as myself. I wouldn’t want to see that ended abruptly because I have so many people using it.

Mrs. Nacerino stated at some point you will have to wean your way away from it.

Mr. Williams stated I can set up a meeting with a couple of Board members and Wayne Frick. If you want I can arrange it.

Mrs. Nacerino stated okay.

MS4 BENEFIT CORP. – RESOLUTION

Mr. Griffin introduced the following Resolution for the Formation of East of Hudson Watershed Corporation:

R-0811-03

WHEREAS, the Town of Patterson is a member of the East of Hudson Coalition ("EOH Coalition"), an association of municipalities located in the New York City watershed east of the Hudson River ("EOH Watershed"); and

WHEREAS, the Town of Patterson and the other members of the EOH Coalition are individually subject to General Permit GP-0-10-002 for Municipal Separate Storm Sewer Systems ("MS4 Permit"), pursuant to which municipalities are required to implement stormwater retrofits and encouraged to participate in a regional stormwater retrofit plan; and

WHEREAS, the EOH Coalition was successful in negotiating on behalf of its members Special Condition 34 of the Water Supply Permit issued by the Department of Environmental Conservation ("NYSDEC") on December 24,2010 ("2010 WSP"), which requires New York City (the "City") to provide $15.5 million to the EOH communities to help fund implementation of their regional stormwater retrofit plans; and

WHEREAS, the EOH Coalition has negotiated an agreement with the City (the "Funding Agreement") which will enable the City to transfer the $15.5 million provided for in the 2010 WSP and the $4.5 million provided for in the 2007 Filtration Avoidance Determination ("2007 FAD") to the EOH communities; and

WHEREAS, the 2010 WSP encouraged the formation of a regional stormwater entity ("RSE") to organize, administer and implement the stormwater retrofit projects, by providing that up to $50,000 of the $15.5 million could be used by the EOH communities for the formation of the RSE; and

WHEREAS, the EOH Coalition has drafted articles of incorporation and bylaws for an RSE, which have been favorably reviewed by NYSDEC and the City, to be known as the East of Hudson Watershed Corporation ("EOH Watershed Corporation"), the members of which would be the municipalities located in the EOH Watershed and the Board of Directors of which would be the chief elected officials of the members; and

WHEREAS, the execution of the Funding Agreement and the payment of the $15.5 million by the City under the Funding Agreement cannot occur until the EOH Watershed Corporation is formed; and

WHEREAS, it is in the best interest of the Town of Patterson to authorize the formation of and become a member of the EOH Watershed Corporation for the purpose of jointly organizing, administering and implementing the regional stormwater plans under the MS4 Permit;

NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson authorizes the formation of an consents to be a member of the EOH Watershed Corporation, with articles of incorporation and bylaws substantially in form and substance as annexed hereto; and

BE IT FURTHER RESOLVED, that Michael Griffin, the Supervisor and chief elected official of the Town of Patterson, is hereby designated to serve as an initial member of the Board of Directors of the EOH Watershed Corporation as provided in said articles of incorporation and bylaws.

Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.

PATTERSON COURTHOUSE – BUDGET UPDATE

Mr. Griffin stated I think we can safely say that the Patterson Courthouse is now complete. The warranties still apply but all construction work has been completed. Our Town Planner has been kind enough to give us a memo on the courthouse and the land acquisition:

2009 Preliminary 2011 Final Cost Difference -/+

Budget

Land Acquisition $425,810.00 $428,493.63 +$ 2,683.63

Design Costs: $277,577.00 $268,815.60 -$ 8,761.40

Pre-construction Costs $ 87,620.00 $103,163.47 +$15,543.47

Building Costs: $2,194,494.00 $1,975.156.92 -$219,337.08

Total $2,985,501.00 $2,775,629.62 -$209,871.38

Mr. Griffin stated I think Rich deserves a lot of credit. The Highway Department did so much of the site work. Russ’ crew did the paving and saved the Town a lot of money.

Mr. Williams stated I also want to mention the two girls in my office, Sarah and Michelle who together with the three of us provided the construction management for this. They ran the meetings and the show. They did an outstanding job as well.

Mr. Griffin stated if we can recover the $1.2 million in Dormitory Grants, instead of borrowing $1.9 we will only have spent $900,000.00.

MULTI-MODAL GRANT – AWARD BID

Mr. Griffin introduced the following Resolution for Acceptance of Bid for Roadway Improvements NYS Route 311 and I-84 Interchange-Multi-Modal 4 project pin #8ME047.30A:

R-0811-04

WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for the construction of improvements to the NYS Route 311 and I-84 interchange as shown on certain plans entitled MULTI-MODAL 4 PROJECT PIN #8ME047.30A ; and

WHEREAS, Paleen Construction Corp. of Somers, New York has submitted the lowest bid proposal dated July 25, 2011; and

WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid proposal

submitted by Paleen Construction Corp.;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson

hereby accepts the bid of Paleen Construction Corp. for the construction of improvements to the NYS Route 311 and I-84 interchange as shown on certain plans entitled MULTI-MODAL 4 PROJECT PIN #8ME047.30A; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby

authorizes the Supervisor to execute any and all documents necessary to give effect to

this resolution.

Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes;

Mr. O’Connor, yes; Mr. Griffin, yes.

Mr. Griffin stated Rich do we need to take action on the Insite proposal as well.

Mr. Williams stated yes we do.

Mr. Griffin stated do we have a resolution.

Mr. Williams stated no. The two design engineers on this project are Insite Engineering and John Collins Engineers. We have been utilizing Jeff through the bid process. We are at the point where we need to start construction. We will do this project under three months. We need someone to do inspections required by the D.O.T. It is being paid for by Multi-Modal and Paul Camarda. He has had some input in the selection of the engineer.

Mr. Griffin stated $85,400.00 is the proposal for construction management and inspections by Insite.

Mr. Williams stated yes.

Mr. Griffin made a motion to approve the proposal of Insite Engineering for construction management and inspections for the Multi-Modal project at the interchange of Route 311 and I-84 for an amount not to exceed $85,400.00.

Seconded by Mr. O’Connor. Roll Call Vote: Mr. Burns, yes; Mr. Capasso, yes; Mrs. Nacerino, yes; Mr. O’Connor, yes; Mr. Griffin, yes.

Mr. Griffin introduced the following Revenue Anticipation Note Resolution of the Town Board of the Town of Patterson Authorizing the Issuance of Revenue Anticipation Notes in Anticipation of the Receipt of Funds Under the Multi-Modal Project Agreement and Determining other Matters in Connection Therewith:

R-0811-05

BE IT RESOLVED BY THIS TOWN BOARD AS FOLLOWS:

Section 1. The Town of Patterson (the “Town”) is hereby authorized to issue revenue anticipation notes in anticipation of the collection of revenues to be received by the Town under the Multi-Modal Project Agreement dated December 27, 2010 by and between the New York State Department of Transportation and the Town for the fiscal year 2011 (the “Notes”).

Section 2. The Notes shall mature within one year and may be renewed from time to time, but each renewal shall be for a period not exceeding one year and in no event shall the Notes, or the renewals thereof, extend beyond the close of the second fiscal year succeeding the fiscal year in which the Notes were issued. The Notes may be issued at any time during the 2011 fiscal year.

Section 3. Subject to the provisions of the Local Finance Law, the power to sell and deliver the Notes, including renewals of such Notes, is hereby delegated to the Supervisor of the Town, the chief fiscal officer of the Town. Such Notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor of the Town, consistent with the provisions of the Local Finance Law.

Section 4. The Supervisor of the Town is hereby authorized to sign and the Town Clerk is hereby authorized to attest the Notes issued pursuant to this Resolution, and the Town Clerk is hereby authorized to affix to such Notes the corporate seal of the Town.

Section 5. This Resolution shall take effect immediately upon its adoption.

Seconded by Mr. O’Connor.

Mr. Griffin stated discussion. For everyone’s general information, the Town will borrow approximately $1.5 million dollars on a short term basis. All of those expenses are part of the agreement that we have with Paul Camarda and there will be no cost associated with any of this to the taxpayer’s of the Town of Patterson. We have $80,000.00 in reserve that Mr. Camarda has committed to. Rich says $100,000.00. We have $30,000.00 on account.

Mr. Williams stated he has to post another $20,000.00 to supplement the $30,000.00 for soft costs and $50,000.00 for project costs.

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

BOARD OF ETHICS – FOLLOW-UP DISCUSSION

Mr. Griffin stated we have been asked by Town residents on how we are handling our Board of Ethics issues. I have asked the Town Attorney to speak on this.

Mr. Hogan stated I reviewed our Code of Ethics and also perused several local adjoining Towns and Municipalities Codes of Ethics. Ours is about 40 years old and comprised of about two pages. There are no definitions in that code so what I have done is pulled a bunch of them. Some are seven pages long and very thorough and appropriate. My suggestion would be to pull different ethics codes provisions and circulate them to the Board and see where the Board wants to go with them.

Mr. Griffin stated I assume if we are going to use the County Board of Ethics that we would have to adopt the Counties Ethics Law.

Mr. Hogan stated you have your own Town’s Ethics Code right now.

Mr. Griffin stated as far as I know the Board has never been seated.

Mr. Hogan stated it’s not comprehensive at all.

Mr. Griffin stated I don’t know that we had a Board of Ethics in place that I recall in the 33 years I have been here.

Mr. Hogan stated I looked at what other Towns have then vetted through those and some are very thorough and very good. They cover everything. I thought I would circulate them to the Board and you decide what direction you want to go.

Mr. Griffin stated I think it is something we should consider, using the County Board of Ethics. The Local Board of Ethics lends itself to a lot of potential politics. The County Board of Ethics doesn’t guarantee that it’s not but at the same time they won’t have a vested interest in the internal politics of the Town of Patterson.

Mr. O’Connor stated I would lean toward the County myself .

BUDGET PROCESS – DISCUSSION

Mr. Griffin stated every Board member will remember in 2008 we agreed to accelerate the budget process to hopefully get it out of the realm of politics in the sense that in years gone by the Public Hearing was never held until after the election and the budget was never adopted until after all the votes were counted. We agreed that in 2008 we would accelerate the process by 30 days which means we will be potentially adopting a budget prior to the election. That presents a problem this year simply because the library has on the ballad initiative for more money. I think it is about $85,000.00. I’m not sure of the exact number. If we adopt a budget prior to the election do we add the $85,000.00 or not. If we add it, it will be in the tax bill. If it doesn’t pass, then they will have a surplus and we will have over charged the residents of the Town. If we do not include it we have a budget shortfall. The question for the Board to consider is how do we want to handle this or do we want to agree on a final budget in October. We have until the 20^th of November to vote. We have a meeting on the 16^th of November. We could hold off on voting for that one issue and keep the transparency that we promised to have a budget in place prior to an election so people knew what they were voting for. Or do we want to adopt a budget and hope for the best. My recommendation would be let’s get a final budget in place with everything but that one piece for consideration and then adopt the final budget on November 16^th with one change that being either add or subtract the money for the library.

Mrs. Nacerino stated I agree. Many people were very happy that they got to see how the Town Board members were voting. They got to view the budget before Election Day and they were very pleased with that initiative that this Board took forth at Mike’s suggestions. We could do the same as promised.

Mr. O’Connor stated can we legally adopt a budget tentatively on October 26^th with a commitment that there would be no additions or subtractions except for that one specific item.

Mr. Hogan stated I believe you can. I will confirm that for you.

Audience Member Bert from Clover Lake stated Mr. Burns in his report to the Board indicated that he had a memo to the Board members concerning a proposal about the Plaza at Clover Lake. I would like to know if we could have access to that information primarily as a benefit it might serve to counsel the residents of the community and or the management. We are not looking for confidential but we are looking for guidance to make sure that we treat as many people as we can and as fairly as we can.

Mr. Burns stated this was just for discussion purposes. I don’t know that these proposals will be embraced by this Board so there might be false hope in reviewing these proposals. They run the gamut in terms of what abatement would be proposed. What I have suggested is at the next meeting in September that we have a discussion as a Board and see if we can agree on a resolution and that should be the resolution that you should consider or provide feedback on prior to a vote on the following date. I’m certainly open to whatever the rest of the Board wants to do.

Mrs. Nacerino stated we just received this information this evening. We haven’t had a chance to digest it and study it and see if these are viable scenarios. This is a very difficult decision.

Audience member Bert stated I understand that. I wouldn’t want to be in your shoes. One other point for your own information and in order to ask you to hasten because their note comes due and I know they have a balloon payment situation which will force them into bankruptcy in three months. I believe it comes up mid-September so any information or guidance you can give us would be appreciated.

Mrs. Nacerino stated it still wouldn’t be concrete even if any information was brought forth, it still would not be anything that would be tangible that they could bring to the bank. It would just be basically a scenario of a proposal. I don’t know how that would hold water with the bank.

Audience member Bert stated at this point I think we would celebrate a proposal. Thank you for keeping an open mind.

EDMOND O’CONNOR

ADOPT LOCAL LAW FEES-RESOLUTION

Mr. O’Connor introduced the following Resolution of Adoption Local Law No. 6 of 2011 – Fees:

R-0811-06

WHEREAS, an amendment to Patterson Town Code Chapter 87-4, entitled "Fees", has been introduced before the Town Board of the Town of Patterson, as Local Law I-4 of 2011, and

WHEREAS, a public hearing was held on July 27, 2011, upon notice duly published and posted, and

WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and

WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 87, entitled "Fees", which amendment will revise Chapter 87-4.A, “Reimbursement of fees and expenses” to permit the reimbursement by Applicants, of the costs incurred in the review by staff and consultants of certain applications presented to the Planning Board and Zoning Board of Appeals, and

WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes an UNLISTED ACTION, and

WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the Amendments to Chapter 87 as well as other supporting documentation for the project,

THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:

1. The proposed local law will not create a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.

2. The proposed local law will not create a substantial increase in potential for erosion, flooding, leaching or drainage problems.

3. The proposed local law will not create a substantial increase in traffic or the use of existing infrastructure.

4. The proposed local law will not create a removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.

5. The proposed local law will not create a significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources

6. The proposed local law will not create a significant impairment of existing community or neighborhood character.

FURTHER BE IT RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination

AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 87-4, entitled "Fees" in the form and manner as provided below, which amendment will revise Chapter 87-4.A, “Reimbursement of fees and expenses” to permit the reimbursement by Applicants, of the costs incurred in the review by staff and consultants of certain applications presented to the Planning Board and Zoning Board of Appeals, and

BE IT FURTHER RESOLVED, that Introductory Local Law I-4 of 2011 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 6 of 2011 of the Town of Patterson, and

BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.

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

AMEND FEE SCHEDULE - RESOLUTION

Mr. O’Connor introduced the following Resolution for Amendment of the Schedule of Fees for the Town of Patterson:

R-0811-07

Whereas, the Town Board of the Town of Patterson has established a Schedule of Fees which sets forth the fees and costs which shall be tendered to the Town, or an instrumentality thereof, for the processing and administration of permits, appeals, applications, petitions and reviews as established by the Town Code of the Town of Patterson, and

Whereas, said Schedule of Fees may be amended from time to time by resolution of the Town Board of the Town of Patterson, and

WHEREAS, the Town Board of the Town of Patterson wishes to amend by resolution those fees and costs which shall be tendered to the Town for the processing and administration of permits, appeals, applications, petitions and reviews as established by the Town Code of the Town of Patterson and set forth in the “SCHEDULE OF FEES” to permit the reimbursement by Applicants, of the professional plan review costs incurred in the review by staff and consultants of wetland and watercourse applications presented to the Planning Board and Zoning Board of Appeals, and

WHEREAS, the Town Board of the Town of Patterson recognizes that there are administrative costs in excess of those that normally would occur with the review of applications for permits, for those permits where the work that is the subject of those permits has already been completed, and

WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations, the action under consideration constitutes a UNLISTED ACTION.

NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:

1. The establishment of fees as heretofore set forth will not cause a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.

2. There will be no substantial increase in potential for erosion, flooding, leaching or drainage problems.

3. There will be no substantial increase in traffic or the use of existing infrastructure.

4. There will be no removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.

5. There will be no significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources

6. There will be no significant impairment of existing community or neighborhood character.

BE IT FURTHER RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE Determination of Significance, and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby amends the “SCHEDULE OF FEES” in a manner as set forth above.

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

HUDSON VALLEY CEREBRAL PALSY ASSOCIATION REQUEST – SIGNS

Mr. O’Connor stated we have a letter from the Hudson Valley Cerebral Palsy Association that they are having their Walk-A-Thon on September 25^th at their Mount Ebo building in Brewster.

Mr. O’Connor made a motion to allow them to place small signs in the Town of Patterson mostly on Route 22 and Route 311. This is a charity event to raise money for Cerebral Palsy. The dates the signs will be up are from September 1^st until the September 25^th.

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

ADOPTION OF LOCAL LAW NO. 7 – ZONING AMENDMENT - RESOLUTION

Mr. O’Connor introduced the following Resolution of Adoption Local Law No. 7 of 2011 – Zoning – Gas Stations:

R-0811-08

WHEREAS, an amendment to Patterson Town Code Chapter 154, entitled "Zoning", has been introduced before the Town Board of the Town of Patterson, as Local Law I-5 of 2011, and

WHEREAS, a public hearing was held on July 13, 2011, upon notice duly published and posted, and

WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and

WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 154, entitled "Zoning", which amendment will revise the definition of a gasoline station and permit the use as a gasoline station of certain lots along Fairfield Drive near the intersection of Haviland Drive, and of certain lots along Route 311 near the Route 84 interchange., and

WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the proposed revisions to Chapter 154 as well as other supporting documentation for the project,

THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby finds that the proposed action will not result in a significant adverse environmental impact for the following reasons:

1. The proposed local law will not create a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.

2. The proposed local law will not create a substantial increase in potential for erosion, flooding, leaching or drainage problems.

3. The proposed local law will not create a substantial increase in traffic or the use of existing infrastructure.

4. The proposed local law will not create a removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.

5. The proposed local law will not create a significant impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources

6. The proposed local law will not create a significant impairment of existing community or neighborhood character.

FURTHER BE IT RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination,

AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 154, entitled "Zoning" in the form and manner as provided below, which amendment will revise the definition of a gasoline station and permit the use as a gasoline station of certain lots along Fairfield Drive near the intersection of Haviland Drive, and of certain lots along Route 311 near the Route 84 interchange, and

BE IT FURTHER RESOLVED, that Introductory Local Law I-5 of 2011 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 7 of 2011 of the Town of Patterson, and

BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.

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

APPOINT NEW HIGHWAY EMPLOYEE

Mr. O’Connor introduced the following Resolution for Appointment of Nicholas Nikola to Patterson Highway Department:

R-0811-09

WHEREAS, the Patterson Highway Department has a need to fill a vacancy caused by the resignation of one of its employees; and

WHEREAS, the Acting Highway Superintendent, Mr. Russell Goff, has recommenced the hiring of Mr. Nicholas Nikola to fill the position; and

WHEREAS, the Town Board has determined that it would be in the best interest of the Town to accept the Acting Highway Superintendent’s recommendation;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the hiring of Nicolas Nikola as Highway Department employee in accordance with all applicable rules and regulations of the Civil Service Employees Association of the State of New York; and

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

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

EXECUTIVE SESSION - PERSONNEL

Mr. O’Connor stated I will defer my Executive Session – Personnel to the end of the meeting.

GINNY NACERINO

RECREATION REQUEST(S)

Mrs. Nacerino stated there was a verbal quote for Send in the Clowns for $4,350.00 and Just for Fun Entertainment $5,480.28.

Mrs. Nacerino made a motion to approve Send in the Clowns for $4,350.00.

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

Mrs. Nacerino made a motion to approve the lower quote from Steve Dinucci $1,008.00 for various men’s T-shirts and sweatshirts for camp and basketball etc. Select Sports quote was $1,167.00.

Mrs. Nacerino made a motion to hire Junior Staff Sean Florenz, Dylan Antalosky and Samantha Finer at a rate of $7.50 per hour.

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

Mrs. Nacerino introduced the following Resolution for Appointment of Substitute Park Caretaker:

R-0811-10

WHEREAS, the Town Board of the Town of Patterson wishes to appoint Robert H. Arnold to the position of substitute caretaker of the Patterson Town Park to serve during the vacation period of Brian Burdick at a rate of fifty dollars ($50.00) per day compensation;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Robert H. Arnold to the position of substitute caretaker of the Patterson Town Park, to serve during the vacation period of Brian Burdick, at a rate of fifty dollars ($50.00) per day compensation; and

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

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

OTHER BUSINESS

None

Mrs. Nacerino read her Environmental Tip.

PUBLIC RECOGNITION

Mrs. Maryann O’Connor stated I would like to thank Brian Benedict for the wonderful band concert that we had at our Recreation Center. It was wonderful and people enjoyed themselves tremendously.

Mr. O’Connor stated thank you Mrs. O’Connor. We were remiss in not thinking of that. The 42^nd Division Band and the National Guard played from 7:00 p.m. to 9:00 p.m. It was enjoyable and thrilling. It was lovely to see so many people in uniform.

Mr. Griffin stated it was a 60 piece orchestra and they play for over two hours. We had over 300 people in the new gym with the air conditioner. Brian and Jeanie deserve a lot of credit. These people play in some of the most prestigious places in the United States and now they have played in Patterson, New York. The Captain lives in Patterson.

EXECUTIVE SESSION

There being no further business, Mr. O’Connor made a motion to go into Executive Session at 8:45 p.m.

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

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

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

Mr. Griffin called the meeting back to order at 8:55 p.m. Is there any other business any Councilperson wishes to bring forth before the Board at this time.

Mr. O’Connor made a motion to grant Margaux Miller the same summer hours exemption that she had last year and that another employee in the same situation be allowed to take his summer hours on various basis with the permission of the Town Board.

Seconded by Mrs. Nacerino.

Mr. Griffin stated discussion. Do we need to spell out what our offer to Margaux is, since we never did. The Town Comptroller is going to ask me what did you approve.

Mr. O’Connor stated the time cannot be taken in a whole week and would be taken on Mondays and Fridays and would not have to incur the cost of any substitute for her. The same will be for Mr. Chibbaro.

All In Favor: Aye. Carried.

ADJOURNMENT

There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 9:00 p.m.

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

Respectfully submitted,

___________________________________

ANTOINETTE KOPECK, TOWN CLERK