PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

SEPTEMBER 9, 2009

 

MINUTES

 

PRESENT:      MICHAEL GRIFFIN, SUPERVISOR

                        JOSEPH CAPASSO, COUNCILMAN

ERNEST KASSAY, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

EDMOND O’CONNOR, DEPUTY SUPERVISOR

                        ANTOINETTE KOPECK, TOWN CLERK

                        TIMOTHY CURTISS, TOWN COUNSEL

 

Supervisor Griffin called the meeting to order at 7:30 with 35 in the audience.

 

Salute to the Flag and Roll Call.

 

REPORTS

 

Mr. Griffin stated without objection I ask the Clerk to file the reports as read.

 

Code Compliance – August 3 – 7, 2009

Code Enforcement – August 2009

Dog Control Officer – August 2009

E.C.I. – None

Putnam Lake Fire Dept. – None

Patterson Fire Dept. – None

 

SUPERVISORS REPORT

 

Mr. Kassay made a motion to table the Supervisors Report for July 2009. As a courtesy to the rest of the board we received it about 10 minutes before the meeting, so we will take care of it at the next Board Meeting.

 

Seconded by Mr. O’Connor.  All in Favor. Aye. Carried.

 

MINUTES

 

Mr. Kassay made a motion to accept the Town Board minutes listed on the agenda of September 9, 2009.

 

Seconded by Mr. O’Connor. All in Favor. Aye. Carried.

 

AUDIT OF BILLS

 

Mrs. Nacerino made a motion to accept the following Revised Abstract dated July 22, 2009 for a total of $613, 361. 62.

 

General Fund $150,662.48, Highway Fund Item – General Repairs $15,397.08, Highway Fund Item 3 – Machinery $3,506.47, Highway Fund Item 4 – Miscellaneous $705.63, Highway Fund – Employee Benefits $16,498.19, Wastewater Treatment Plant $21,713.88, Capital Fund $339,125.91, Putnam Lake Light District $1,611.00, Patterson Light District $ 1,603.00, Putnam Lake Refuse District #1 $28,522.02, Patterson Refuse District #2 $31,066.03, Deerwood Drainage District $15.51, Patterson Park District $477.50, Alpine Water District $508.74, Dorset Hollow Water District $786.40, Fox Run Water District $498.86 Trust & Agency $662.92

Grand Total: $613,361.62.

 

Seconded by Mr. Kassay. Roll Call vote: Mr. Capasso: yes, Mr. Kassay: yes, Mrs. Nacerino: yes, Mr. O’Connor: yes, Mr. Griffin: yes.

 

Mrs. Nacerino made a motion to accept the following special utility abstract dated August 26, 2009 for a total of $ 16,439.27.

 

General Fund $10,825.61, Wastewater Treatment Plant $3,870.06, Patterson Light District $608.65, Patterson Park District $159.68, Alpine Water District $312.08, Dorset Hollow Water District $626.52, Fox Run Water District $36.67.  Grand Total: $16,439.27.

 

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

 

Mrs. Nacerino made a motion to approve the following bills chargeable to 2009.

 

General Fund $79,866.47, Highway Fund Item 1 – General Repairs $185,913.42, Highway Fund Item 3 – Machinery $16,396.64, Highway Fund Item 4 – Miscellaneous $4,357.16, Highway Fund Employee Benefits $ 17,547.29, Wastewater Treatment Plant $3,567.58, Capital Fund $6,258.94, Patterson Refuse District #2 $6,810.04, Alpine Water District $375.00, Dorset Hollow Water District $9,811.00, Fox Run Water District $762.29, Trust & Agency $1,827.55.Grand Total: $333,493.38.

 

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

 

Mr. Griffin stated John would you like to get the festivities rolling.

 

His Honorable Judge John King stated good evening Town Board and ladies and gentlemen in the audience. I am Judge King, Town Justice in the Town of Patterson. Approximately four weeks ago we all met here concerning the new Courthouse. (or not to have a new Courthouse). At that time I was asked by Mr. Capasso if utilizing “this” building would work. I responded at that time yes, with certain reservations. The answer I gave was based on the fact that I have to make due with whatever this Town gives us. I don’t have much of a choice. Is it my first choice, no it is not. I went back over the building and came here a few different times, checked on and saw what I think we need and what I’ve come up with so far.

 

Let me read a letter. I called Mr. Kevin Riley from the Resource Center. He is also part of (inaudible ? Office) Court Administration. Mr. Riley’s job is to go around and look at different sites throughout the State as far as how to utilize Courts and if it was actually offered to them throughout the Towns. He came down yesterday and very graciously took time out of a very busy schedule to fill my request. There is no denying that the Patterson Town Hall is an attractive, modern, climate controlled structure that I’m sure meets the needs of most Town Departments. The facility even appears to provide ample parking for most if not all Town Government meetings and functions. I do, however, have a few concerns, if the Patterson Town Court is relocated to the Town Hall. In specific the Town Board Meeting Room would provide you with a Raised Bench from which to dispense justice. I’m concerned about the size of the room to be used for Court purposes. I explained at the time, that a typical Criminal Court night involves approximates 50 defendants, add in  attorneys, police officers and those individuals that accompany defendants to court sessions and the number is well in excess of over 100. Additionally, we need to have a security window placed behind the proximity of the Court Clerks Office and this he also addressed. This is the same, and it’s another concern I have. It is not uncommon to have 7 or 8 prisoners be brought in during Criminal Calendar night. There didn’t appear to be a space to detain prisoners until they are summoned before the court. Seating room on the general population of the court room is a security threat to everyone occupying the court room. A lawyer-client meeting room and a prosecutor-defense attorney room was also lacking in the potential courtroom area. These rooms provide a tremendous service to the attorneys that serve and frequent your court. I hope you (inaudible) and observations prove helpful. Please do not hesitate to call me on any other referenced matter. Kevin Riley.

 

Going back over what Mr. Riley said, plus what I’ve observed in the courtroom was an easy (inaudible). One of the biggest problems we have here is security. First of all we would have to add more nights to the Court Calendar. The room is just not big enough logistically speaking. You have to take the Criminal Calendars and at least cut them in half in order to accommodate what’s going in. (inaudible) security would require a deputy sheriff downstairs on the bottom floor, a deputy sheriff would be (inaudible) plus the court office. On other nights, Criminal Calendar nights, it gets even worse. We have to have no less than four deputy sheriffs to bring the prisoners in. We can’t use the stairs because of the leg irons and shackles, we have to use the elevator. That would require one deputy to one prisoner, take it from there upstairs turn over to another deputy and back downs again, while another deputy downstairs watches the prisoners. When that’s completed, we come to this room here. Just look around the size of the room we are talking about here. Just about everybody’s been to my courtroom that we have now. It seems to be no place right here now to keep prisoners. We would have to cut the seats back from here. You can’t have people mingling among prisoners because God Forbid, some (inaudible) a weapon would be a real problem. (inaudible) Sloatsburg NY an individual took a manila envelope, cut down a rifle, I don’t know how he did it, but he got inside the Courtroom. It was civil case. He didn’t get back his $15.00 (inaudible) that’s what upset him. The woman who had taken him to Court was in front of me. He fired at her head and missed. It bounced down off the wall and back up and just missed the Judge. (inaudible) there were very few people in the Court Room. A police officer from Sloatsburg, a female officer, turned around and pegged a shot out of a 9 millimeter at the defendant and missed. You could imagine what kind of a situation you have going here. He bolted out the door. To make a long story short, they tackled him outside.  Since that time Office Court Administration has been very stringent of the rules and regulations for our security here.

 

Adding the extra nights that we would have to have, we are talking four times a week for court. Some people have expressed that they don’t want court here in the daytime. We have to have the deputies, we have to have the extra nights for the Court Clerks, and we have to have the extra overtime. Putting all the facts and figures together to make it short and sweet, I would have to add no less than $100,000.00 to my budget which would bring it close to a quarter of a million dollars. That is just for starters. We also have nights where if we have to have a trial who gets the courtroom, us or the Town Board? Once we schedule it, it’s a scheduled night.

 

There are many factors going on here. You can’t say okay fine it’s going to work. I answered that question last month in the best manner that I could because I had no choice but to answer it. Again as I said before I have to work with what you give us. Some people have said I knuckled under, I fell into whatever the Town Board wanted to do. It was the only proper answer to give the taxpayers. To be on the safe side I called the Supervising Judge (inaudible) and he totally agreed that was the only proper answer to give this Town Board, and Taxpayers.

 

That’s what you are looking at here. It’s a lot more nights, you are talking no less than eight more nights a month plus the security part. Benches outside. I’m not sure at what point I could do this. I would strongly suggest that the Town Board defer doing anything tonight, until we can sit down and discuss this one more time. What I truly think is that we should get together. The taxpayers in this town should end this, whether, we should or should not have a courthouse here. Come up and say what you think, if the majority says we want one, fine if they say no, fine.

 

We all need to sit down and have a discussion. We have to talk because nothing is going to happen otherwise.

 

I will bring you up to date so far, as to how busy we are getting right now. So far in the last month we logged in 39 driving while intoxicated cases, just in Patterson. We’ve logged in more than 50 criminal cases just in Patterson. Things are on the upswing around here, it’s getting busier and it’s going to require more time, more hours and more space. I gave you exactly what I think should be done but think is it actually going to work, I don’t know. I can just tell you it would be a very difficult thing to do, but then again we would have to discuss it.

Mrs. Nacerino stated John, I don’t think that any decisions will be made tonight. I don’t think any member of this Board is in the position to make any decisions on this temporary situation. I will speak for myself in saying, absolutely not. I think this is basically informational. Mr. Capasso has plan B on his agenda that he is going to introduce, I don’t know all the particulars of it. I know parts of it, but I don’t think we are going to rush to make any rash decisions this evening.

 

Mr. John King stated that would be my suggestions because this is not something we have to make overnight. A lot of planning is going on here.

 

Mrs. Nacerino stated absolutely.

 

Mr. John King stated does anybody have any questions.

 

Mr. Griffin stated no John are you going to be able to stick around for a while.

 

Mr. John King stated yes I will.

 

Mr. Griffin stated rather to continue to keep the agenda out of order I would rather at this time go back to the regular scheduled agenda. There will be more information on this topic to discuss under Mr. Capasso’s agenda.

 

Mr. John King stated that would be fine.

 

Mr. Griffin stated thank you.

 

MR. KASSAY

 

HAVILAND HOLLOW ROAD & HARMONY ROAD UPDATE

 

Mr. Kassay stated this will be the last update. It has been going on for a while and it took some time to get it done. Just to put a cap on it, on August 16thI went out to Haviland Hollow Road to examine what the County had done. They have complied 100% with everything that was directed by the State. There are four, 45 mph speed limit signs heading west on Haviland Hollow Road. There is one 35 mph sign heading west from East Branch Road to Route 22. Heading east you have one 35 mph sign as you enter off of Route 22 heading east on Haviland Hollow. You have four 45 mph signs heading east to the Ct. line. Then you have one at the end that says the 45 mph limit has now ended.

 

Harmony Road on August 16th, heading north from Route 292 there are four 35 mph signs. Harmony Road at the Dutchess line heading south to Route 292 there are three 35 mph. I want to personally thank Mr. Harold Gary the Commissioner of Highways and Facilities for Putnam County and his Deputy Emma Kounine, for working closely with me to expedite the signs and what had to be done. I did report in the late spring that they had a manpower problem, people were out on disabilities and whatever, but they were able to achieve this for me before school got started and that was the main objective. Again, I want to thank them personally for their assistance, and of course the State.

 

TIME OFF REQUESTS

 

Mr. Kassay stated we have 12 of them this time. I make a motion at this time to approve the 12 Absence requests.

 

Seconded by Mr. O’Connor. All in Favor. Aye. Carried.

 

NYCONN SECURITY CONTRACT RESOLUTION

 

Mr. Kassay introduced the following Resolution NYCONN Security Systems, Inc.:

 

R-0909-01

 

WHEREAS, The Town of Patterson has received the three (3) attached Alarm System Agreements from NYCONN Security Systems, Inc. for the annual maintenance and service of the alarm systems at the Patterson Town Hall, the Patterson Recreation Center and the Waste Water Treatment Plant; and

                       

WHEREAS, The Town of Patterson and NYCONN Security Systems, Inc. wish to enter into the attached Alarm System Agreements; and

                       

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the Alarm System Agreements with NYCONN Security Systems, Inc.; and

                       

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the annual payment in the amount of $500.00 to NYCONN Security Systems, Inc. for the maintenance and service of the alarm system at the Patterson Town Hall pursuant to the attached Alarm System Agreement; and

                       

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the annual payment in the amount of $500.00 to NYCONN Security Systems, Inc. for the maintenance and service of the alarm system at the Patterson Recreation Center pursuant to the attached Alarm System Agreement; and

                       

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the annual payment in the amount of $150.00 to NYCONN Security Systems, Inc. for the maintenance and service of the alarm system at the Patterson Waste Water Treatment Plant pursuant to the attached Alarm System Agreement; and

                       

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the three (3) attached Alarm System Agreements and any and all other documents necessary to give effect to this resolution.

 

Seconded by Mr. O’Connor.

 

Mr. Griffin stated discussion. Is this going to remain on a month to month basis for the Courthouse.

 

Mr. Kassay stated I spoken to Mr. Fava about that today, and to your confidential secretary Sue yesterday and that’s going to remain the way it was. We would just go with what the resolution dictates.

 

Mr. Griffin stated very good.

 

Roll Call vote: Mr. Capasso: yes, Mr. Kassay: yes, Mrs. Nacerino: yes, Mr. O’Connor: yes, Mr. Griffin: yes

 

MRS. NACERINO

 

HEALTH SCREENING RESOLUTION

 

Mrs. Nacerino introduced the following Resolution for Authorization for Excused Leave for Breast Cancer and Prostate Screening:

 

R-0909-02

 

WHEREAS, the New York Civil Service Law provides that all Town employees shall be entitled to four (4) hours annually of paid excused leave to undertake screening for breast cancer and prostate cancer; and

 

WHEREAS, the Town of Patterson desires to comply with the New York Civil Service Law; and

                       

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes Town employees to have paid excused leave, not to exceed four (4) hours annually, to undertake screening for breast cancer and prostate cancer pursuant to Sections 159-b and 159-c, respectively, of the New York Civil Service Law; and

                       

BE IT FURTHER RESOLVED, that this excused leave shall not be charged against any available sick, vacation, personal, compensatory or other leave accruals to which the Town employee may be entitled, unless such absence exceeds four (4) hours annually; and

                       

BE IT FURTHER RESOLVED, that should said absence exceed four (4) hours annually, such time shall be charged against the employee’s available sick, vacation, personal, compensatory or other leave accruals or shall be unpaid; and

                       

BE IT FURTHER RESOLVED, that no compensation shall be made to employees who undergo screenings outside the employee’s regular work schedule; and

                       

BE IT FURTHER RESOLVED, that an employee who intends to undergo screening during his/her regular work schedule shall complete the Request for Leave Time for Breast and/or Prostate Cancer Screening form, submit the form to his/her department head for prior approval, have the physician or service provider complete the form, and return the fully completed form to the Town Supervisor prior to the date of such screening; and

                       

BE IT FURTHER RESOLVED, 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

 

MARSHALL & STERLING/EMPLOYEE BENEFIT UPDATE

 

Mrs. Nacerino stated on August 18, 2009 the Comptroller Patricia Brooks and Susan Brown, Confidential Secretary to the Supervisor and with a member of Marshall & Sterling met  in reference to seeking out some quotes for our Health Insurance. Marshall & Sterling is also the carrier for our Town Insurance. He has requested certain information from both the Comptroller and from the Confidential Secretary in order to give us a fair and equitable quote. I just wanted to bring everyone up to speed, to know that we are working on trying to seek some alternative Healthcare Benefit quotes.

 

PARK ADVISORY BOARD MEMO

 

Mrs. Nacerino stated this is in regard to a memo that I sent to the Town Board. As the Board is well aware, John Taylor, Chairman of the Park Advisory Board, has requested a leave of absence for the months of August and September, 2009. During this time, Carri Weizenecker, has assumed all responsibilities of the Park Advisory Board Chairperson. This has included, but is not limited to supervising life guards, supervising the Caretaker, overseeing the park conditions, following up on park issues and complaints, Shuffle’s Memorial, Community Day and chairing the meetings. Since the Park Advisory Board Chairperson is a paid position, I feel it’s appropriate for Carri to be paid accordingly for the months of August and September 2009. 

 

Mrs. Nacerino introduced the following Resolution for Authorization for Payment of Salary to Acting Park Advisory Board Chairperson:

 

R-0909-03

 

WHEREAS, the Town Board of the Town of Patterson has received a request for a leave of absence from John Taylor, Park Advisory Board Chairperson, during the months of August and September, 2009; and

                       

WHEREAS, during the said leave of absence of John Taylor, Cari Weizenecker has assumed all responsibilities as Acting Park Advisory Board Chairperson; and

                       

WHEREAS, since the position of Park Advisory Board Chairperson is a paid position within the Town of Patterson, the Town Board of the Town of Patterson wishes to make payment of a salary to Cari Weizenecker for the months of August and September of 2009, and any additional time expended by Cari Weizenecker in connection with her role as Acting Park Advisory Board Chairperson; and

                       

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes payment of a salary to Cari Weizenecker for the months of August and September of 2009, and any additional time expended by Cari Weizenecker in connection with her role as Acting Park Advisory Board Chairperson; 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. Kassay. All in Favor. Aye. Carried.

 

RECREATION REQUESTS

 

Mrs. Nacerino stated I have a memo dated September 3, 2009 from Ray Blanar requesting “Something New” the Beatles Tribute Band for Patterson Community Day on September 27, 2009. I make a motion to have “Something New” as our live band for Community Day for a two hour show at a cost of $1,000.00

 

Seconded By Mr. Kassay. All in Favor. Aye. Carried.

 

Mrs. Nacerino stated the second request , also for Community Day, is for Send in the Clowns Corporation. I make a motion to approve Send in the Clowns Entertainment Corporation for a fee of $4,350.00 for five hours from 11:00 to 4:00 pm.

 

Seconded by Mr. Kassay. All in Favor. Aye. Carried.

 

Mrs. Nacerino stated I have a request from Mr. Paul Fava, for a concession popcorn unit replacement. The current popcorn unit at the Recreation Center was determined to be no longer serviceable and could be a hazard to use in its current condition. We have allocated $1,400.00 for concession equipment for the 2009 Budget. I am respectfully requesting the approval of the Town Board to purchase new popcorn. At this time I would like to make a motion to approve the purchase of a popcorn unit not to exceed $1,400.00.

 

Seconded by Mr. Kassay. All in Favor. Aye. Carried.

 

Mrs. Nacerino stated this is another memo dated September 2, 2009 from Ray Blanar to hire Gina Rollands as the new Zumba instructor. The current instructor, Veronica Beltran will no longer be available for employment. I make a motion to appoint Gina Rollands as the replacement at $45.00 per one hour class.

 

Seconded by Mr. Kassay. All in Favor. Aye. Carried.

 

Mrs. Nacerino stated another memo from Ray Blanar, dated September 2, 2009. This is to hire two recreation assistants, Shannon Martinez and Britney ???, they will be the two assistants for a fee of $7.50 per hour.  I make a motion to appoint Shannon Martinez and Britney Keshiel ? at $7.50 per hour each.

 

Seconded by Mr. Kassay.

 

Mr. Griffin stated discussion. Sue do you have paperwork on those folks.

 

Mrs. Sue Brown stated no.

 

Mr. Griffin stated Raymond we need paperwork. This is government, this is what we do.

 

Mr. Blanar stated I know. I can drop them off to you tomorrow morning.

 

Mrs. Nacerino stated I would like to re word that motion to be contingent upon all the paperwork being in the Supervisor’s Office, so moved.

 

Seconded by Mr. Kassay. All in Favor. Aye. Carried.

 

Mrs. Nacerino stated we have another memo from Ray Blanar. This serves as notification that the part time clerk Christina Rizzo is to have an increase in hours due to the assistance that she will be providing on Community Day and the start up of the fall programs. Ray I call on you to tell me how many hours and for what length of time.

 

Ray Blanar stated due to all the fall programs getting started and Community Day at the end of the month, no more than five to ten hours additionally per week, probably lasting to first week of October. She’s allotted twenty hours per week currently,  I’m looking at twenty-five to thirty hours as we get down to the last week before Community Day.

 

Mrs. Nacerino stated I make a motion to allow Christina Rizzo to increase her hours not to exceed more than 10 hours in any given week until October 1, 2009.

 

Seconded by Mr. Kassay. All in Favor. Aye. Carried.

 

Mrs. Nacerino stated I make a motion to place an additional item on my agenda under Other Business.

 

Seconded by Mr. Kassay. All in Favor. Aye. Carried.

 

Mrs. Nacerino stated thank you and I will defer my last item to Executive Session.

 

MR. O’CONNOR

 

PCDOH LETTER – TOWN HALL WATER

 

Mr. O’Connor stated the Putnam County Health Department came and found that our water had a high coliform content and said we had to disinfect it, and we did. I have been playing phone tag with them leaving messages back and forth. There are a number of things we have to do. We have the signs up on all of our taps saying that the water is non potable and not to drink the water. We don’t have any other places. The only kitchen facility we have is right next door here and employees do use it, but we provide them with paper plates and plastic spoons and forks and knives. We have provided all the places where a person could wash their hands with Purell, the hand sanitizer instead of just relying on soap and water. I spoke to them and they said they would entertain a request for a waiver, but they would have to send it to Albany. They said they don’t usually approve waivers, but a waiver would give us more time. They gave us almost no time. They want a plan for a disinfection unit put in, and they want the plans by September 15th. Some of the other problems that I had with timing was that if the total cost exceeded $5,000.00 it would require an engineering study, instead of just hiring a plumber to put something in. The only bid we have so far is in excess of $6,000.00. Maybe you could go to 10 if we have to put in a (?descaling) unit. The longer we can postpone this by a series of practical efforts to show that we are not having people drink bad water.  We did have the well disinfected and the next few results might be fine. People do occasionally have their wells at home disinfected because of some problem and that problem does not re occur. We will just keep on top of it and hope that it is not something that requires a measure out way in the future. I’ve been in places where they used ultra violet light disinfection that sometime worked and sometimes didn’t work. I will keep in touch with the Department of Health and do whatever we have to do at the most reasonable cost to the taxpayer and the most stringent rules required to provide safety. If you see a sign in the bathroom or the sink and it says the water is non potable, do not drink it.

 

BIG ELM – CREATION OF DISTRICT

 

Mr. O’Connor stated I make a motion to adopt the resolution for the Big Elm Drainage District as written.

 

Seconded by Mrs. Nacerino.

 

Mr. Kassay stated discussion. Tim, I gather we all received your letter dated August 24, 2009 to a Mr. Phillip K. Tassi, I do not have a response that that letter in its entirety is okay with them. Do you have anything back.

 

Mr. Tim Curtiss, Town Attorney stated I didn’t get anything back from them at this point.

 

Mr. Kassay stated if you gentlemen read the second paragraph of the Town Attorney’s memo of August 24th, I had brought that up at a meeting way prior. As a matter of fact, it was tabled at the July 8, 2009 meeting because I found something in that letter that I didn’t think was appropriate and now that the Town Attorney has sent the letter to Mr. Tassi, I feel as though we should have an acknowledgment back that the Town is not going to be held liable. That’s my comment on it at this point.

 

Mr. O’Connor stated in the letter to Mr. Tassi which says, I write to advise you that the Town was not negligent in maintaining the catch basins. The additional sediment was the product of natural causes and did not reflect poor or neglective maintenance on the part of the Town. I believe what Mr. Kassay is worried about is until they say that that is the case maybe we should…

 

Mr. Curtiss stated I will reach out to Mr. Tassi and make sure that happens.

 

Mr. O’Connor stated I make a motion to amend my motion to postpone this decision until such time as the people in the area of the Big Elm Subdivision respond and agree that it is not our fault.

 

Seconded by Mr. Kassay. All in Favor. Aye.

 

WAGON LANE – FOLLOW UP

 

Mr. O’Connor stated Wagon Lane is a dirt and winding road, on top of the hill there are about a half a dozen houses. Some of the houses have frontage but they can only access it from Wagon Lane. The attorney found that the Nature Conservancy owns most of the right of way. I would think that the owners would have a claim to an easement by use.

 

Mr. Curtiss stated by prescription.

 

Mr. O’Connor stated because they have been doing this from the 40’s or 50’s. But there are a number of things to be done. The Nature Conservancy could in its generosity change it from and easement by use to an easement in writing.

 

Mr. Curtiss stated I agree.

 

Mr. O’Connor stated or they could actually make the easement wider and grant somebody…As it is now it’s a very narrow maybe only ten feet wide. It washes out. If it’s another bad winter they are going to have to be buying a small tank to get up and down. I believe that now we are coming to a better understanding as to who owns it and to what some of the possibilities are of  making it a wide right of way and somebody would own it and pay for turning it into a highway or a road that then could be offered up for dedication. That would be very expensive. I won’t go into the possibilities because we don’t know that there might be others. I think the Town Attorney has put a lot of time into finding out what we can do and I think the obvious thing to do is to get together with, if they are willing, the half a dozen people who live there.

 

Mr. Curtiss stated we have reached out to the people who are adjacent to the road to see if they would be willing to dedicate at least a portion of the easement so that everyone would have joint access up and down. The second step would be to have Charlie to go out and take a look with the Town Engineer, as to what it would cost to get it back into shape. Then if they wanted to proceed further, get it into shape and then ultimately offer it for dedication to the Town.

 

Mr. O’Connor stated Charlie is very familiar with it. I asked him about when he had to go up and down it many years ago when it was in the garbage district, so he knows it well. It would not be easy to put it back into drivable shape. To put it into something that would be driveway condition would be substantial, to put it into something that would be considered a dedicated road would be…

 

Discussion ensued between Mr. O’Connor and Mr. Curtiss regarding Wagon Lane.

 

FIRE TRAINING CENTER – FUNDING

 

Mr. O’Connor stated The Fire Training Center. It has fallen into disrepair and they are trying to raise money to pay for part of it. The County is paying for most of it and the Towns were asked to make a contribution. The Town Board expressed willingness to make a contribution but that the volunteer fire department is a corporation and we can’t just write them a check.

 

Mr. Curtiss stated a gift.

 

Mr. O’Connor stated we can’t make gifts to anybody even if it’s something as important as the Volunteer Fire Department.

 

Mr. Curtiss stated I sent a letter to Mr. Bondi to ask him if I could use the services of the County Attorney and myself to draw up an Intermuniciple Agreement where they would agree to allow us to use it for training purposes. In consideration, we would put some money towards it with the availability that our Fire Departments could use it for an extended period of time. I did get a call back from someone on the staff. He was somewhat busy with the budget this week but he is going to get in touch with me and the County Attorney and together we will draw up an Intermuniciple Agreement. It is shared services basically where we will make a contribution and they will let us use the facility for training purposes.

 

Mr. O’Connor stated I believe the agreed upon amount was that we would work out something. They would ask for 10, so we would do 5,000

 

Mr. Curtiss stated $5,000.00 was the number I had proposed, but you can always be more generous.

 

Mr. O’Connor stated we are the smallest of the Towns and even though that we are probably the most generous that doesn’t mean that we should be the biggest contributor. Maybe we should just put this off until we have that Agreement instead of making it contingent.

 

Mrs. Nacerino stated we did question the legality of doing this and you did say from the get go, that an Intermuniciple Agreement was the way to go.

 

BUILDING DEPARTMENT LETTER OF 8-26-2009

 

Mr. O’Connor stated this is from an Inspection and Testing Service for homeowners.

 

Dear Mr. Supervisor,  

 

I am compelled to write you in admiration of the expedience, explanatory completeness and thoroughness of your Building Department Officials.

 

I provide services to homeowners throughout Putnam  County, Dutchess as well as upper Westchester in assisting with the applications, inspections and approvals for certificates of compliance with regards to typical building issues.

 

I deal with all the Building Departments and I find the Town of Patterson to be particularly efficient.

 

Cheryl and Nicholas are extremely experienced and offer information needed right up front, avoiding the return visits. Cheryl is a multi-tasker genius able to work on an application while assisting several homeowners with issues on the phone while still completing the required forms needed in perfect detail.

 

I know that you get complaints by homeowners who do not understand the process and that you may hear from them.

 

I offer these comments on behalf of your Building Department.

Joseph Cmar

Inspection and Testing Services of Carmel, NY

 

Mr. O’Connor continued. It’s no secret that we have the best municipal staff in Putnam County. I thank Mr. Cmar for going to the trouble of writing and thank Cheryl and Nick for being the kind of people that they are.

 

Mr. O’Connor stated Performance Bond for Paddock View Estates. I’d like to make a motion to add it to my agenda.

 

Seconded by Mr. Kassay. Roll Call vote: Mr. Capasso: yes, Mr. Kassay: yes, Mrs. Nacerino: yes, Mr. O’Connor: yes, Mr. Griffin: yes.

 

PADDOCK VIEW ESTATES

 

Mr. O’Connor introduced the following Resolution for Establishment of Performance Bond for the Paddock View Estates Subdivision:

 

R-0909-04

 

WHEREAS, the Patterson Development Corp. own a parcel of land at 14 Route 292 identified as Tax Map No(s).3.19-1-4, 3.19-1-5 and 3.15-1-2. and

 

WHEREAS, the Planning Board of Town of Patterson has received an Application for subdivision approval from the Patterson Development Corp. in order to construct various improvements, as shown on a set of drawings entitled Paddock View Estates Subdivision prepared by Daniel J. Donahue, P.E and Link Land Surveyors, P.C.. ; and

 

WHEREAS, the Town Engineer has recommended that the cost of a bond, sufficient to cover the improvements necessary for the subdivision, is determined to be in the amount of $605,000.00, with an inspection fee of $30,250.00, and

 

WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation made by the Town Engineer;

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby establishes  the amount of the performance bond sufficient to cover restoration of the site should the developer fail to complete the site improvements for the Paddock View Estates Subdivision, pursuant to the Town Code of the Town of Patterson as $605,000.00, with an inspection fee of $30,250.00, and

 

BE IT FURTHER RESOLVED, that the bond posted for the project be subject to prior approval by the Town Attorneys, CURTISS & LEIBELL, P.C., as to sufficiency and form.

 

Seconded by Mr. Kassay. All in Favor. Aye. Carried.

 

Mr. Curtiss stated what was the amount of the Bond.

 

Mr. O’Connor stated the Bond was $605,000.00.

 

MR. CAPASSO

 

BACK UP GENERATOR RFP

 

Mr. Capasso stated currently there are twelve generators for our Town for back up power source. If the power goes out, we need theses generators. It’s very important to keep these generators in good running and maintenance condition. Paul and I, together with Richie have come up with a Resolution to put it out for Bid, because we thought we could save some money on the maintenance.

 

Mr. Williams, Town Planner stated there are a couple of questions to be addressed by the Board before we put this out to bid. One is you need to pick a date and a time on which this is returnable.

 

Mr. Curtiss stated it’s usually a Friday before your meeting date, at noon, so you will have time to go over them. Probably in October, it will be either your first or second meeting in October.

 

Mr. Griffin stated I would recommend the 23rd.

 

Mr. Curtiss stated 12:00 noon or 2:00 pm.

 

Mr. Capasso stated I don’t want it to get into the winter. This needs to be done before.

 

Mr. Curtiss stated if you do it on Friday you can look at it on Monday and Tuesday and know what you want to do on Wednesday.

 

Mr. O’Connor stated what time do you want to put it on the agenda.

 

Mr. Kassay stated October 23, 2009 at 2:00 pm.

 

Mr. Curtiss stated and award it on the 28th.

 

Mr. Williams stated the next question that I have is regarding an option within the bid that this is good for one year with the potential for awarding it for two additional years upon mutual consent. Is the Board okay with that or do you want to stick with the straight one year.

 

Mr. Griffin stated I would prefer to keep it at that or even offer it as a three year bid. They do this stuff every year.

 

Mr. Williams stated that’s why I put in mutual consent, the parties can extend for two additional one year periods.

 

Mr. O’Connor stated if you tell them right up front that it’s three years sometimes they…

 

Mr. Griffin stated sometimes they have to fatten the number because you don’t know what’s going to happen in a year or two years down the road.

 

Mr. Capasso stated give them an option to renew it.

 

Mr. Kassay stated you can ask for a one, two or three year quote if you want. It’s whatever you want to ask for.

 

Mr. Williams stated the thing is by saying mutual consent they are usually a little more willing to go out on a limb and give you a lower price. Where as if you are locking them in for a three year period, they don’t know what it is going to be two or three years down the road, so they are liable to give you a less favorable price.

 

Mr. Kassay stated if you do one, two or three years in the quote, isn’t that going to achieve the same thing.

 

Mr. Williams stated no, it would put a different spin on it. I’m looking to do it by mutual consent in that the Town and the Contractor can agree if they want to extend it for two additional one year periods rather than lock them in right up front to a three year contract and lock us into a three year contract.

 

Mr. Capasso stated I agree with Richie.

 

Mr. Kassay stated okay.

 

Mr. Williams stated the third question was about the anti freeze.

 

Mr. Capasso stated the anti freeze is by manufacturer specifications. It has to be.

 

Mr. Williams stated that’s not typically what everybody uses around here.

 

Mr. Capasso stated no, it has to be what the manufacturer recommends because if there is a problem they are not going to warrantee it if we put the wrong anti freeze in it.

 

Mr. O’Connor stated I don’t think they recommend any particular brand.

 

Mr. Williams stated (inaudible) warrantee at this point anyway.

 

Mr. Capasso stated we have a bunch of new ones, don’t we, with the Wastewater Treatment Plant

 

Mr. Williams stated yes but what are the warrantees on them. With something like that they usually run a year.

 

Mr. Capasso stated no the engines are usually five years. That is what the anti freeze protects.

 

Mr. Williams stated (inaudible) usually one year or two years.

 

Mr. Capasso stated I don’t know if there are extended warrantees on them either Rich, I wasn’t here at the time.   Did we buy extended warrantees.

 

Mr. Williams stated I’ll go back and check.

 

Mr. Griffin stated they weren’t offered at the time.

 

Mr. Capasso stated then nobody asked, because there are extended warrantees on all equipment. You can buy warrantees for three more years or whatever. So there could be a five year warrantee on the engine anyway. But you have to follow the specifications.

 

Mr. Williams stated it’s not that big of a deal between ethylene and propylene. It’s just that everybody uses the ethylene anti freeze.

 

Mr. Capasso stated when you have these diesel engines it is a big deal because they are expensive to repair. Gas engines are a lot different. That’s all I’m saying. We need to put the right anti freeze in. It’s important. Paul and I discussed that it should be in there. Is that it, we can advertise this now.

 

Mr. Capasso made a motion to advertise for the Bid Opening of the Back-Up Generator for October 23, 2009 at 2:00 p.m..

 

Seconded by Mrs. Nacerino.  All in Favor. Aye. Carried.

COURTHOUSE PLAN B

 

Mr. Capasso stated I went out and tried to get some designs and plans for office space so that the Court Office Clerks can be moved out of the Library, since the new courthouse is on hold temporarily. This is all based on Judge King’s recommendation that he could use this facility for a court. I don’t know how much further I can go without Judge King telling me yes, we could use this. Otherwise, I’m just wasting my time. I’m sorry but that was what I based it on. You said at the last meeting that you would make this work. You did say, I will make this work if I have to. If we need to get a meeting together with the six of us then we must do it. I’m not going to go out and try to get proposals or plans or anything if it’s not going to work here, I’m just wasting my time. If you say yes, we’ll make this work, then we’ll go forward with this, otherwise I’m not going to go forward.

 

Mr. O’Connor stated I believe what His Honor said at the last meeting was that he is an employee of the Town and a servant of the People and that whatever he had to do, he would do his very best to make it work.

 

Judge King stated I have no choice. I ask myself is it going to work. Do we have to look a little more closely. The plans that you gave are not going to work.

 

Mr. Capasso stated this is just an option.

 

Judge King stated this requires myself, Judge Tricinelli and this Town Board getting together. Again I am going to tell you what my needs are and hat we are going to have to do. Are you going to budget this money. We are talking about a quarter of a million dollars that is going to be needed to run this court if we come in here. I go where you send me. I’ll give you my opinion then you make the decisions.  We are going to have to sit down and you are going to have to tell me what we are going to do.

 

Mr. Capasso stated I based it on that you said that we could use this, but you did not say it was going to cost us another half a million dollars.

 

Judge King stated no, I told you at that time. Let’s face facts Joe. You are going to add more nights and more days and more personnel. I’m not working for nothing. Just on salaries alone it is going to increase. The security, as I explained before, is no less than three police officers at $55.00 per hour. Some nights it is four police officers, that’s not cheap. That comes out to about $40,000.00 a year. We just can’t say it’s going to cost the same amount of money as before. I was very happy in that building over there. When the Town decided to sell it I had no choice or say. Two things that you control for me is my budget and where we have the Court. Other than that I run the Court and so does Judge Tricinelli. For you to expect that it’s not going to cost more money is foolish. You are going to add eight more nights a month and you have the same amount of money, I don’t think so. I already explained that to you once before.

 

Mr. Capasso stated yes, I know. I’m only basing this on that you claimed that you could…

 

Judge King stated yes I did with reservations I said I would look into it and get back to this Town Board.

 

Mr. Capasso stated and now you’re telling me it’s going to cost a lot of money, extra money now, then maybe we need…

 

Judge King stated what do you think, that we are going to work eight more nights and it’s not going to go up. Are we going to have police officers who are going to work for free. What are you thinking here.

 

Mr. Capasso stated I didn’t say that.

 

Judge King stated you told me this now.

 

Mr. Capasso stated you said that.

 

Judge King stated yes, I said it. I told you what it would cost. Now I’m telling you what it’s going to cost. You make the decision on what you want to do and I’ll tell you what I have to do.

 

Mr. Capasso stated right that’s what we need to do. That’s why I met with you. Did I not meet with you twice.

 

Judge King stated yes you did. And I told you I would work with you for whatever has to be done. But to expect that it is not going to cost any money is very foolish. That’s not going to happen and you know it.

 

Mr. Capasso stated if we built the new Courthouse would it still have to have that same security.

 

Judge King stated not as much.

 

Mr. Capasso stated why is that.

 

Judge King stated because it would only require one more person in the Courthouse. You are talking about two floors here. Number one is a police officer downstairs, a police officer upstairs plus (inaudible). You have to have prisoners downstairs. You can’t use leg irons and shackles on the stairs. We have to transport up the elevator, one police officer to one prisoner. Somebody has to watch them downstairs until the transport upstairs is completed and the same when we have to leave.

 

Mr. Capasso stated how many prisoners do we have.

 

Judge King stated we average anywhere from six to eight in leg irons and shackles on a Criminal calendar night. Did everybody here get the memo that I just sent about coming to see what goes on at court.

 

Mrs. Nacerino state yes.

 

Mr. Capasso stated yes.

 

Judge King stated come in and see what goes on and you will better understand. Tomorrow night is 51 criminal cases. That alone is 102 people. As Counsel will tell you, that is a defendant and an attorney, that’s minimum. That is not every (inaudible) friends and relatives, and easily there are 125 people milling around. You can’t do that without security and I won’t do it without security. Show up there and come back on Monday night. Monday is an easy night, 45 vehicle and traffic cases, 14 new arraignments, 10 Town cases and three civil cases. That’s on Monday night. So come and see what is going on and then talk to me about what it is going to cost. Fair enough.

 

Mr. Capasso stated yes, that’s why I met with you.

 

Judge King stated you met with me and I told you the price was going to go up. Don’t act like I didn’t tell you.

 

Mr. Capasso stated you told me a different price was going to go up.

 

Judge King stated no I didn’t tell you a different price of anything and you know what I told you.

 

Mr. Capasso yes I know.

 

Judge King stated what is your question. I told you it was going to go up $100,000.00 after I figured it out.

 

Mr. Capasso stated let me ask you a question, is the new Courthouse going to be big enough.

 

Judge King stated I would think so at this point.

 

Mr. Capasso stated at this point, you don’t know.

 

Judge King stated I can’t tell you what is going to happen ten years down the road. I will tell you that crime is up 26% in the County.

 

Mr. Capasso stated right I know that.

 

Judge King stated I told you that before.

 

Mr. Capasso stated yes.

 

Judge King stated I will tell you that we picked up 40 new criminal cases in the last three weeks. I told you before we have 38 new DWI cases on top of that. I can’t tell you what’s going to happen now or next year or the year after that. There is no way I could do that.

 

Mr. Capasso stated I understand that.

 

Judge King stated if you don’t want to build it at the size that it is now, you sure don’t want to build any bigger. Am I correct?

 

Mr. Capasso stated no, if I’m going to do something then I’m going to do it right.

 

Judge King stated then you are kind of asking a moot point aren’t you.

 

Mr. Capasso stated I would do it right. Like this Town Hall is already too small for us. We are outgrowing it.

 

Judge King stated you are right.

 

Mr. Capasso stated so people better be aware that this has to be expanded too. What I’m trying to say here….

 

Judge King stated the bottom line of this whole thing here is whatever I am given to work out of, I have no choice.

 

Mr. Capasso stated I understand.

 

Judge King stated if you want to have a discussion then we can have a discussion. But first come and see what we do and then talk to me.

 

Mr. Griffin stated as much as I hate to disagree and argue with a Judge, I’m going to take issue with your statement that you are happy in your Courthouse. You may have been happy there, but John, have you not been beating me over the head for the last five years that you have no storage and your Courtroom is too small to accommodate your Court night.

 

Judge King stated yes.

 

Mr. Griffin sated Okay, while you may have been “happy” there, it was clearly inadequate.

 

Judge King stated well I was a lot happier there than I’d be here.

 

Mr. Griffin stated I don’t doubt that because you and I started together in the old Town Hall.

 

Judge King stated that’s like a little pain and a lot of pain.

 

Mr. Griffin stated we started together in the old Town Hall and I’d hate to (inaudible) that way because we spent a lot of time and effort. I think that one thing that everybody can clearly see now is that this courthouse design is not just something that we pulled out of the air without having put some serious thought and effort into this…

 

Judge King stated no, it’s two days of meetings back and forth, changing and making different adjustments.

 

Mr. Griffin stated and we evaluated a lot of properties and we evaluated a lot of scenarios and quite frankly, all of the scenarios we evaluated at the last meeting, Mr. Semo stood up and said he has a free space over at UCP. I researched that. That is absolutely not the case and I also spoke to the President at National Fire Sprinkler who said in all due respect, Mr. Supervisor, but we don’t want your operations in our building. Since they have the final word over the lease that option is now off the table. I was approached by a real estate agent this evening who has an idea for us to buy a building in Robin Hill and wants to come in and address the Board in executive session at the next meeting. I told him I would consider it. The fact of the matter is that this has been three years of thought, three years of design, three years of planning. A lot of effort has been put into this. All due respect to everybody on this Board and other people who are seeking office, but we looked at virtually every possible scenario. We look at buildings being available, properties in this hamlet area, properties on Route 22, and we came back to the same conclusion over and over and over again. I think if you look at this plan, you look at buying other buildings, you look at moving, you look at offices outside moving in here, totally disrupting this building by moving certain members of this Town Hall operation out to another building to open up small office space here, move the Comptroller downstairs, move the tax assessor, tax collector outside, this building functions very well the way it is. The Tax Collector works with the Assessor and works with other departments in this building on a daily basis. The Building and Zoning Departments work together on a daily basis. I work with the Comptroller on a daily basis. This building functions very well the way it is. To bring the Court into this thing is going to be an absolute disaster for the operations of this building. If you’re going to be in here eight or ten or twelve nights a month, we have two Planning Board meetings, two Town Board meetings and one Zoning Board meeting, as of right now. This is going to be a nightmare. The security in this building is going to represent a cost greater than the debt service to operate that building. I keep coming back to the same point, I’m going to say it one more time and then when it gets to my agenda we are going to vote on this new Courthouse issue. We are either going to bury it or we are going to go forward with it or we are going to continue to work on it. I am tired of spending time looking at options that we looked at, or could have been looked at, or should have been looked at over the last three years. We are where we are. Whether or not you want to argue or debate the fact that we should or shouldn’t have sold the building, that’s a whole separate issue. We are where we are. We need to make arrangements. We need to go forward. Paying $15.00 or $16.00 per foot to rent space in a building in Robin Hill makes no sense. If you shrink the building 1000 square feet down to 6000 square feet it stills comes out the $90,000.00 a year for rent without utilities. I don’t’ see where that makes any sense. We have invested over $800,000.00 into this plan. We have sold the building. We have this thing out to bid and ready to go. I just wish that this Board would take the bull by the horns, bite the bullet and do what needs to be done. That’s the last I’m going to say about it and then I’m just going to bring it up for a vote a later date. If there is any member of the audience or the Judge has anymore comments or questions, please feel free.

 

Ms. Amy Lagan stated my question is a year from now, two years from now, three years from now, when our Board, hopefully looks a little bit different, the money that we have invested, the $800,000.00 plus for the new Courthouse, will that be lost money in planning a Courthouse that we need today.

 

Mr. Griffin stated a certain percentage will be lost. The plans will be effective. If we put it back out to bid, it will probably be a $12,000.00 to $14,000.00 cost. The clock is running on the grant. At some point the Dormitory Authority will not consider that a valid grant anymore. Since our State Senator is now a minority Senator the chances of that grant ever re-appearing, whether or not the grant is even going to happen is a totally separate issue.  I can guarantee you that when the clock runs out, there is no opportunity after that. If we pass the bond resolutions that are required to satisfy the Dormitory Authority we will in fact, get a Grant Disbursement Agreement and at a time, when they have the money they will reimburse us. We have run the numbers, we have budget projections, and we have debt service coming off next year, about $40,000.00 in debt service drops off next year.

 

Mr. Capasso stated which one is that Mike.

 

Mr. Griffin stated it’s the debt service for the existing Courthouse.

 

Ms. Lagan stated it just seems like such a waste of money. I have to assume though materials that cost something today or tomorrow, in five years or three years or even a year from now are going to double and triple and quadruple.

 

Mr. Griffin stated if the economy…

 

Ms. Lagan stated we all can agree we need a courthouse so when it gets built is really just a question.

 

Mr. Griffin stated yes if the economy bounces back or the dollar continues to tank, interest rates start to go up, you see some sort of major inflationary issues, your $1,600,000.00 construction that we currently have locked up at bid, could easily balloon to over $2,000,000.00. Contactors are hungry now. I’ve talked to a couple of the contractors, they are willing to hold their prices till the spring.

 

Ms. Lagan stated my next question is that you five, unfortunately make a decision for all of us that pay our taxes. Why can’t we let this go to a vote. I asked you this Mike the other night, why can’t the Town vote on whether we want this courthouse or not.

 

Mr. Griffin stated at this point we would have to do it by special referendum which would probably involve a cost of somewhere between $5,000.00 and $8,000.00 to

 

Ms. Lagan stated we spent so much money already

 

Mr. Griffin stated I am just giving you the facts Amy. I’m not making a judgment one way or the other. Counselor, if I’m correct it has to be at least sixty days prior the general election.

 

Mr. Curtiss stated you are beyond the window.

 

Mr. Griffin stated we are outside of the window for having a referendum vote. We could do it as a special referendum at a later date once we properly did the notifications etc. That’s an option. We can not reject the bids tonight. I can contact all of the various bidders. I know one is absolutely willing to hold his bid, the other one said he would seriously consider it and I haven’t spoken to the other two yet. There’s a possibility that that could take place. Unfortunately because we didn’t do the bonding, we didn’t pursue some of the grants for security issues and some other things we are somewhat behind the eight-ball. It’s not to say that the process couldn’t be restarted. Charlie and the Highway Department have agreed to do all the site prep and the drainage and everything else out there. That is a huge savings to the Town. All of our bid specifications and documentation were put out with that included. There’s a lot of work that’s been done to this point. To restart it, yes, it’s going to cost some money. The plans aren’t completely lost, they can be revived and reused at a later date. Everything would have to be updated. The point you are making about what’s going to happen to construction costs and commodity prices etc. I think it’s highly unlikely that they are going to stay where they are. I think you are absolutely right that as we saw with the County a $4,000,000.00 Courthouse turned into a $26,000,000.00 or $30,000,000.00 Courthouse.

 

Amy Lagan stated I wouldn’t want to be sitting on that bench or even in the audience knowing we are in an unfit facility and the safety for all of us and the criminals are coming in shackles. I think you are asking a lot of the public and for the elected Judges and the cops that are sitting there in an unsafe facility. Would you want to be sitting there in the audience. Joe would you want to be sitting there. Do you carry a gun.

 

Mr. Capasso stated I don’t know. How bad are these prisoners. Are they all murders.

 

Ms. Lagan stated if they are in prison they obviously have a reason to be there. You think this is a big joke, Joe.

 

Mr. Capasso stated I don’t think it’s a joke.

 

Ms. Lagan stated I think that we think that you’re a joke.

 

Mr. Griffin stated please we need…

 

Ms. Lagan stated (inaudible) taxes on this building (inaudible) these criminals, I don’t know they’re in jail.

 

Mr. Capasso stated Amy you have a young family here, you will be paying for this, your grandchildren will be paying for it.

 

Mrs. Nacerino stated I think there are a lot of misconceptions and I think there is a lot of sensationalism that is going into this whole project. First of all, I think we have to be clear. We spent $750,000.00 and we received $600,000.00 for the sale of the building. Nobody is looking to abandon this project. It’s not money that is going down the tubes. One of my primary concerns, and Counselor correct me if I’m wrong, is that when Mr. Griffin says the grant is running out, I am not convinced that we have a grant at all. Even if we passed a resolution to the State Dormitory Authority that is not binding. This project was never meant from its inception to fall solely on the backs of the taxpayers of this community. We lost a quarter of a million dollars and the grant that we are speaking about now is certainly nothing that we can hang our hat on. I said this two weeks ago and I will say it again. We do not have a Grant Disbursement Agreement and even if we did language in that Grant Disbursement would stipulate “should the money be available” and judging by the state of the State today, I would not put all my eggs in one basket.

 

Mr. Griffin stated I would come back to what is Plan B. If we go ahead with Joe’s plan, first of all, I think you would have to make it a little bigger.

 

Mrs. Nacerino stated I don’t even know what this is.

 

Mr. Griffin stated this is office space but it’s

 

Mr. Capasso stated it’s already bigger than what they have.

 

Mr. Griffin stated it’s bigger than what they have but what the problem is that they need a lot more room for record storage. I’d have to check with Sally to see if she’d actually fit in the other 14 x 14.

 

Mr. Capasso stated I measured her office and she’d fit there. But I didn’t say

 

Mr. Griffin stated you have to understand she’s got storage out in the hall too and she has books in the closets.

 

Mr. Capasso stated we have the Planning that has no room we have the Court and Trish back there that has no room. We have to do something with this Town Hall, we are growing out of it.

 

Mr. Griffin stated you know what Joe, I would suggest that we probably need to pay a lot more attention to electronic management, because if we start doing things much more efficiently in terms of computer storage etc. I think we can reduce space. There’s no question that Trish could probably use some more room.

 

Mr. Capasso stated no question. You go in there, it’s a fire trap. There’s boxes all over the place.

 

Mr. Griffin stated some organizing wouldn’t help but it wouldn’t hurt and some office equipment, change of office equipment wouldn’t hurt also.

 

Mr. Capasso stated I helped Cheryl move a cabinet into a closet so she would have more space. We are out of space.

 

Mr. Griffin stated if we bought the plotter that was recommended for purchase, probably four years ago, a lot of what is in those file cabinets would be in electronic files now and those file cabinets, you wouldn’t need to have as many as you have.

 

Mr. Capasso stated this is the first I heard about that.

 

Mr. Griffin stated we have scanned a tremendous amount of documents, we just haven’t scanned the plans yet.

 

Mr. Williams stated Joe, this started a long time before you. It started with Michelle. The Panning Department actually went to an optical scanning software, so we are scanning all our records in. We are moving our paper records off site. We have electronic copies here. Anybody who wants to review anything, we can print anything out. We’ve also got that software installed in the Accounting Department and they are going to start rescanning all their documents so they can start moving their paper off the site as well. You are right, we are burgeoning at the seams here with all the paper that we have here. But the solution to that is to go to electronic which we are already moving in the direction of doing. We have been. We are keeping up now with all the scanning on the new documents coming in. We are almost complete with everything we have here. We are actually reducing the number of files that we have in the Planning Department. We anticipate that is going to happen in the Accounting Department. We are also scanning everything within the Building Department with the exception of the plans. Except that Cheryl Smith still feels comfortable with having the paper copies on site. So she is not moving anything off site as the rest of us are. That’s the plan so that we don’t outgrow this building.

 

Mr. Williams state Mike brought up a point. A lot of the engineers now are sending us plans in electronic format in PDF so that we can move those plans right off site to begin with. Not all the engineering services that we deal with are doing that but a lot of them are now. That has been a big asset.

 

Mr. O’Connor stated I’d just like to say a couple of things. Now the conversation in the past few minutes has turned around to the inadequate space of this building and the solution seems to be to add a whole Court to it. I am just saying, let me talk. I’m totally baffled by the past few weeks and months on this. We have been working on this for years. By far it seems the best and cheapest thing. Everything we talk about, plan B, D or whatever, when you think about it, it costs more over the period of time and when you are finished with it, you are talking about your grandchildren paying for it until the bond is paid off. If we (inaudible) and build all these little things your grandchildren will still be paying for all of that. They will be paying to rent this or whatever it is, and to change the (inaudible) But when the end of the time comes, when you get your great grandchildren, someone’s going to hand them a pile of paid rent receipts and that’s it. Hopefully, the building will be there for a long time. I’ve about given up. I have not heard a single, what I think of, as a viable alternative to building this. We’ve devoted a lot of time, effort and money to it and it seems like not only, it’s not the only solution, it’s by far the best. I don’t know what all the plans I’ve heard in exchange are spending more to get less. I don’t understand. But, I’ve gone through life not understanding a few things, this is certainly going to be one of them.

 

Mrs. Nacerino stated Ed, I’m thinking that all the options that we are exploring are just temporary measures. This was never meant to be, I don’t know if this plan is, but it was never meant to be a long term permanent plan. This was just that we have twelve months in the Library to end if we were exploring options should we have to vacate, if and we probably would have even if we went forward with the plan because the court we are certainly not going to make a smooth transition from the Library building to a brand new Courthouse. We need to figure out something in the interim. I think that’s what some of these options that we are exploring were. Just a temporary solution. I have been a proponent of this Courthouse and I am just reluctant to move forward at this point in time. We probably will not see that $1,2000,000.00 grant. The downturn of this economy, the upswing with DMV fees, the pension plan and foreclosures in one out of every three of our homes in Patterson, has lead me to be very reluctant to pursue at this time. I just want to be very clear on my statement. I am not opposed to it, I’m just reluctant.

 

Mr. Mike Semo stated our Supervisor, Mr. Griffin and the statement that he had spoken with the owner of the building which sits next to or adjoins the facility utilized by United Cerebral Palsy. The Executive Director, Michael, of United Cerebral Palsy, Mr. Howard Jaegar had expressed a desire to give something back to the community and he was willing to do that free of charge. Just to bring you up to date on that. He is the one who pays the rent on the structure.

 

Mr. Griffin stated excuse me one second, do you have the email that you got from Russ, from Kent. I was just wondering if you could put your hands on it, because I looked in my office and I couldn’t find it today. It’s kind of germane because his assistant sent us, Richie contacted them, he sent us and email back and said, you know we really never seriously considered it. It was more of a passing thought in a conversation.

 

Mr. Semo stated to whom, who was the letter addressed to or the email.

 

Mr. Griffin stated it was between the Town Planner and Howard’s assistant who also happens to work for the Planning Board in Kent.

 

Mr. Williams stated he is the Chairman of the Planning Board in Kent, Russ ?Flemming

 

Mr. Semo stated who

 

Mr. Williams stated Russ Flemming

 

Mr. Semo stated don’t know him. He works for United Cerebral Palsy.

 

Mr. Williams stated no, he works for National Fire Sprinkler.

 

Mr. Semo stated National Fire Sprinkler is the owner of the structure. United Cerebral Palsy is the one that leases that structure.

 

Mr. Griffin stated that’s correct.

 

Mr. Semo stated they were willing to share that space, whether it’s an option available to the owner not to accept that is a separate issue. I never approached that. I just wanted to bring you up to date as to where we are on it. I had brought Joe out to take a look at it. It was his opinion that I did that before bringing Judge King out. It was his opinion that the facility just might not fit what is desirable. I still have not taken the opportunity to discuss it with Judge King and allow him to view the facility. I want it perfectly clear that Mr. Jaeger had offered it directly to us, free of charge. He is willing to give back to the community. That was his purpose of doing it. I don’t think his position is changed one iota. Now, whether that’s in conflict with his current lease, I have no idea. We haven’t approached that. Just to clear it up.

 

Mr. Griffin stated I have approached it with the President of National Fire Sprinkler and while we appreciate Mr. Jaeger’s offer and his generosity to give back to the community, the fact of the matter is, that National Fire Sprinkler expressed, I’m not going to say adamantly, but he was quite unequivocal in that he did not want the Town Justice Court operating in his facility. The reason I am probably not expressing my frustration as well as I could, this is three years in the process. It’s gone so far as to be gone out to bid. Members of this Town Board have been on this Town Board since day one.

 

The frustration is that we have been at this a long time.  We put a lot of time and effort into it.  Now at the last minute, everyone has an issue with it. I applaud Joe for putting in the effort in coming up with a plan.  I see it has a bathroom and a kitchen in it, which means we will have to dig up the parking lot to get utilities to it.  We are going to have to supply water, electric and we will have to tie it unto the sewer line.  If we put a sixty to eighty foot building in here we will take up parking spaces which means we are going to have to extend the parking lot.  We will have to put in the stormwater management to meet the DEP and DEC regulations.  We are almost there in terms of the building.  It is $100,000.00 maybe more; I don’t know what the building costs.  By the time you outfit and put security in it at the end of the day if we are spending $60,000.00 or $70,000.00 a year more for the court to be in this building when we are talking about debt service somewhere between $90,000.00 and $130,000.00 per year. I don’t see how that makes a big difference.  If we go to Robin Hill and pay $80,000.00 or more per year in rent which at $15.00 a foot for 6,000 square feet it is about $90,000.00.  If we rent the building for five years and we pay $450,000.00 to have a space to go to five years.

 

Mr. Semo stated Mike, I think you misunderstood me.  You wouldn’t be putting out $450,000.00 you would be putting out zero.  The investment that you would make, if you would take it and I’m not sure it is even desirable to do.  I know the parking is there.

 

Mr. Griffin stated are you talking about the National Fire Sprinkler.

 

Mr. Semo stated yes.

 

Mr. Griffin stated it is off the table Mike.  The President of National Fire Sprinkler who is the owner of the building and controls who leases the space has told me he does not want us there.

 

Mr. Semo stated that’s fine.

 

Mr. Griffin stated so what are we still talking about this for.

 

Mr. Semo stated the point I was trying to make is it was free of charge.  The second point is, it may not fit or be desirable for what you need.  That is the current update.

 

Mr. Griffin stated thank you.  Getting back to why I am frustrated, we have been working on this for three years.  We spent a very large amount of money and I have yet to see anything whether it be a temporary solution or a permanent solution that is anymore cost effective.  In fact, everything I have heard to date is less cost effective.  Even if we go without the grants.  Next year we have $39,000.00 in debt service coming off.  In two years, 2012 we have another $100,000.00 coming off, by 2015 $90,000.00 in debt service for the landfill comes off.  At that point, even without the grant we will be paying less in debt service with the new court house than we are currently paying today.  We can start this process next year with zero impact to the budget.  I am sitting here at a complete loss as to why we just can’t seem to move this process other than kick the can down the road with temporary solutions.

 

Mr. Steve Mandras stated it is clear we have to do something for the courts.  Mike you threw a number of $1.6 out there and I heard a bunch of groans in the crowd and I groaned inside.  That is a big number for a taxpayer.  Joe you made a comment that our grandchildren are going to be paying for this.  What I would like to know is given all the different options whether it is this building or building a new court house or renting something, what does that equate to us taxpayers on a yearly basis.  What does that really mean to us over time.  Are you going to pay this off in five years, ten years or fifty years when my grandchildren are living here paying for the court house.  I think you have to be a lot more clear so we can make a better judgment call.  I don’t want my grandchildren paying for this.

 

Mr. Capasso stated I am looking at the debt service right now for the Town of Patterson.  The grand total is $6,821,706.00 right now.  That is everything.  That is not the court house.  Do you want to add to that number and make it even higher.

Mr. Griffin stated Joe, Fox Run is a Water District.

 

Mr. Capasso stated I understand but they are taxpayer’s in this Town.

 

Mr. Griffin stated let me finish.  Fox Run is a District, the Sewer Plan is a District all of those Districts……

 

Mr. Capasso stated those poor people are going to be taxed more for the court house.

 

Mr. O’Connor stated that is like my well.  I don’t think their District is anymore my……

 

Mr. Capasso stated but you can’t keep taxing people.

 

Mr. O’Connor stated yes you can.  They are not paying me to run my well or my septic system.  It is a totally separate thing.

 

Mr. Mandras stated I think we all realize that we are all going to pay more for this, but how much.  It is $15.00, $100.00, $1,000.00, what is the number.

 

Mr. Griffin stated in January we did a very large presentation of all facts and figures.  At that time with the two grants in place, one is in place and the other is still debatable; the cost estimate was $14.00 per household per year.  If you double or triple that when you take all the grants out of the picture, maybe it’s about $45.00 per year.  I’m not a fan of borrowing money.  There comes a point in time where you can put a lot of pain all at once or you can do it slowly over time.  If we have an actual budget that we have to add $100,000.00 to use this building and spend $100,000.00 to put a modular out there that’s $200,000.00.  There are a lot of different ways you have to look at these things.  In terms of financial responsibility are we up the creek with out a paddle, yes we certainly are.  Was there a reason for doing that, yes.  Everyone was committed to the project.  We had twenty-six unanimous votes on this project up until this year.  $600,000.00 for the sale of the building was going to cover the acquisition of the property so there would be no $2,000.00 to $4,000.00 in debt service cost for borrowing $400,000.00 to demo those buildings.  We are in the hole $20,000.00 plus.  We have $49,000.00 in disputed charges with the prior engineer.  Do we rent a building in Robin Hill for $90,000.00 or put a temporary solution in the backyard and pay to dig up the parking lot and put in a gas line, electric, phones and then come in here and spend another $60,000.00 a year for the court and security. Doubling the Judge’s salary and doubling the court nights, disrupting the operations of this building.  I don’t see where any of this makes sense.  This is my frustration.  This is not a fly by night idea.  We spent three years working on this.  Any way you slice it until someone can come up with a Plan B that is cost effective and makes sense for a fiscal operation, I don’t see why we wouldn’t do what has to be done.  We know we have to build a court house.  Whether we get the grant or not, if we let it go for a year or two, it is never coming back anyway.  We are not going to be better off three years from now than we are tonight.

 

Judge King stated to answer the question of the young woman in the back, the majority of people in leg irons and shackles are felons.  Eighty percent of all felons that come into the court come back to us as misdemeanors.

 

Mrs. Nacerino stated I think Steve has a great point.  I think we owe it to the taxpayer’s of this community to be able to bring forth a clear and concise payment of what this is going to cost.  The presentation that went on eighteen months ago the factors have changed.  You can’t get blood from a stone folks and we all know it.  People can only afford so much.  We are dismissing the $1.2 million dollar grant and putting that back into the equation. People want to know what that is going to cost.  We should really give those hard numbers to the community.

 

Mr. Mandras stated on the flip side you have all said these other options are temporary.  We are paying to pay more later.

 

Mrs. Nacerino stated it is going to be a temporary measure no matter what.  Even under the best set of circumstances come August of next year we are not moving into a brand new court house.  We need to figure something out.  We also need to know if this grant, which I don’t believe in my heart, is ever going to be issued for $1.2 million dollars.  It will be absorbed into the taxpayer’s of this community, what does that really mean.  In all fairness we need to know what this is going to cost.  I always spoke about a temporary solution.  Judge King said he was on board if it had to work here.  I was under the assumption that was always going to be temporary, that we would make things work.  What are we going to do come September.  Can anyone answer that.  Where are we going and what are we doing.

 

Judge King stated I have to make it work no matter what happens here.  I don’t have a choice.

 

Mrs. Nacerino stated but you also said these conditions even temporarily are not feasible.

Judge King stated I am going by the recommendation we had that came down from Albany.  As it stands right now, it is very difficult to do what we are trying to do.

 

Mrs. Nacerino stated we know that.

 

Judge King stated at some point you are going to do whatever you want to do, but I have no choice but to work with it.

 

Mrs. Nacerino stated we are not going to do what we want to do.

 

Judge King stated you represent the people.  At some point, you are going to make a decision.

 

Mr. O’Connor stated we are going to do what the taxpayer’s want to do.

 

Mr. Capasso stated let it go to a vote.  Don’t do that to me.

 

Mr. O’Connor stated don’t say nonsensical things and don’t resort to…….

 

Mr. Capasso stated don’t tell me I don’t know what I am doing.

 

Mr. O’Connor stated I don’t think you know what you are saying.

 

Mr. Capasso stated I think I’m pretty successful.

 

Mr. O’Connor stated here or in other places.

 

Mr. Capasso stated wherever.

 

Mr. O’Connor stated our system of government is representational government.  I am put here to study and make my own decision.  That is how our system works.  Senators don’t go and take polls constantly for every vote.  You elect people and you trust them and they make the best decision they can make based on the information that they can collect at the time. 

 

Mr. Bruce Major stated I am aware of the twenty-six votes and I am aware that most of you have voted in favor of this going down.  Now I understand that there was some confusion.  The one thing that I find kind of disturbing is only one or two individuals on the Town Board have actually come up with alternate proposals.  What I would really like to see this Board do is each member of the Town Board report back to us at the next meeting and put up numbers of what your plan is for the temporary solution for a court house.  In addition, has any one approached the library and ask them if they would extend the use of the library for the court.  Eventually they are going to have to come to us because they are going to need money to do the expansion for the library.  If they see that the Town Board is doing something to get this corrected, then I’m sure there will be some wiggle room.  Clearly the way you are acting now, most of the people are confused.  I want to see numbers from you folks.  You are getting paid.  In fact, you are looking for a raise next year.

 

Mr. O’Connor stated I am. Who said that.

Mrs. Nacerino stated who said that Bruce.

 

Mr. Major stated according to the proposed (inaudible).  What I am asking you to do is do some homework.  Come up with some real numbers and know exactly what you are doing.

 

Mr. O’Connor stated I am not looking for a raise.

 

Mr. Kassay stated I heard everything everyone is saying.  Our number one priority is two fold.  We have to get another place for the court to do their business.  We know that the library lease runs out in August 31, 2010.  My belief is that the library wants to move forward and they do not want the court in that building a day longer then is necessary.  I also believe there are no options at this point.  The Town Attorney and the library’s attorneys are working on things to make sure the court is out of that building by August 31st.  I will stand corrected that if library personnel are going to tell me that there is no problem we will extend the lease with no problem. I for one do not believe that.  Debt service may come off but it will be put back on again.  You are always going to have a debt service.  What guarantee do we have that in a couple of years the economy will be better and we will have money.  I think all the ideas that we are throwing out here are preliminary and baseless on most of the comments.  We need to focus on two things.  Help the library to get their building back to it’s entirety by August 31, 2010 and to continue day in and day out to come up with a plan for the court.

 

Ms. Patti Atkinson, Patterson Library Board of Trustees President stated to confirm the lease does expire August 31, 2010 and we have plans to start our renovation in that existing area on September 1, 2010.  If we want to cut back on taxpayer’s expenses we probably shouldn’t be running the air conditioner and the heat at the same time.

 

Mr. Kassay stated are they both on.

 

Mr. O’Connor stated there is a computer that runs this system and they aren’t always efficient.

 

MICHAEL GRIFFIN

 

NEW COURTHOUSE – BID RESOLUTION

 

Mr. Griffin read the Resolution for Authorization for Refection of Bids and Return of Bid Bonds for the Patterson Court House Project.

 

Mr. Griffin stated is there a second. 

 

No one responded.  No action taken.

 

Mr. Griffin stated I guess we are not rejecting the bids.

 

TENTATIVE BUDGET – PRESENTATION

 

Mr. Griffin stated we handed out copies of the Tentative Budget.  First, I would like to thank Councilman Ed O’Connor and Councilwoman Ginny Nacerino for their input and cooperation in putting together this budget.  As with any year, putting together a Town-wide budget involves the coordination of many working parts.  This year has been a particularly difficult year.  Revenues are down, many costs are up and the State has more unfunded mandates than ever.  Many departments are looking to improve their services to the public, which often translates to increase costs.  As you look through this budget, I would also like to thank Patricia Brooks our Town Comptroller for an outstanding job she has done in reformatting the budget and also in the help with crunching the numbers.  Last year many residents requested a budget with more detail and an explanation of costs.  Prior year’s budgets ran approximately twenty-eight pages.  This year’s budget is fifty-four pages.  I hope you will find the information and the layout helpful.  This budget represents a 1.8% increase over last year. 

 

In this budget, the CSEA Unionized employees are by contract receiving a 4% salary increase.  All other employees in this budget, and this was my decision and my decision alone, I put in a 3% increase for all non-unionized employees across the board.  Actually Ginny and I spoke about what percentage of increase for the employees.  We did not discuss percentage of increase for the Town Board.  All Town Board members are in agreement for a zero percent raise.  I will take out the 3%, which will probably represent a savings of a few thousand dollars. 

 

However, there is currently no provision in this budget for a number of potential Capital Projects.  No budget request was submitted for H. Ted Bauman Park so Ernie and I will have to work a little longer on what dollars we need to make sure the park is safe and that all the repairs and improvements are accomplished.  That will be reflected in the Preliminary Budget. 

 

The Recreation Center did include a budget request for air conditioning for $80,000.00, which I have taken out with no supporting documentation of cost.  I had discussions with Councilman Capasso, but as of the printing of this budget, we had no hard numbers to plug in.  We will have to continue to work with that. 

 

With regard to the carp gate for Putnam Lake, the issue has been raised as to whether or not the Town can expend money for that purpose.  Pending an opinion from the Town Attorney, no monies have been allocated for that project. 

 

The last major Capital Project in question is the new court facility.  I have included $8,000.00 in this budget for moving expenses but as of this date, I am unaware of any workable Plan B having been identified or the associated costs defined.

 

I will be happy to try to answer any questions this evening.  I hope to have a Tentative Budget on line prior to this evening, but unfortunately due to time constraints it will most likely be posted by Friday.  This is a new budget for me and everyone else.  I may not be able to answer all questions, however it will be on the next meeting agenda and the Public Hearing has been schedule for October 14th.  We will have the Town Comptroller here that evening to answer any or all questions and we will stay as long as we  want.

 

Mr. Griffin stated Antoinette Kopeck, Town Clerk asked me a question today that I didn’t have an answer to.  I would like to ask the Board for an opinion.  I asked if she had advertised for the Public Hearing and she said not yet, where are we having it.  I said that is a really good question.  I don’t know if we will be able to accommodate the hearing in this room or we should schedule it in the Recreation Center in anticipation of a repeat of last year.  I don’t anticipate a repeat of last year, I don’t know what the Preliminary Budget is going to look like.  What is the Boards opinion.

 

Mr. Kassay stated does anyone recall what it costs to have it at the Recreation Center.

 

Mr. Griffin stated if we do it with the dais, and I don’t know if we need it with the dais again, I think it was $3,000.00 to $4,000.00.  I don’t know if there was any additional costs with having additional bodies there for clean up etc. I would rather be safe than sorry and let’s go to the Recreation Center.  We don’t need the dais and hope for the best.  I don’t see this as a hugely controversial budget.  I would be more than happy to answer any questions.

 

Mr. Steve Mandras stated thank you for breaking things out.  It is much better.

 

Mr. Griffin stated ninety percent of the credit has to go to Trish.

 

Mr. Mandras stated thank her.  The only thing that is missing in each of the breakouts we are not seeing the associated costs across the original and adjusted 2009 budgets and the 2008 and 2007 numbers.  You are still only seeing those numbers across the bottom for the subtotal.  I would be good to see what your salary was over the last four years.

 

Mr. Capasso stated I asked Trish that question today.

 

Mr. Griffin stated this has been a new process for everyone and I think she has done an outstanding job.  There is a lot more detail in here.  There are also a lot more numbers that need to be plugged in.  There is a column in there on what is requested.  Some Budget requests were in the twenty percent range.  I met with Charlie Williams, Highway Superintendent and we whittled it down considerably.  Those are big numbers to bring down when you are talking about twenty percent of $2.6 million.  That’s about hundreds of thousands of dollars to reduce the budget by.  When you are talking about twenty seven percent increase for the Building Department it was pretty simple.  The new truck went out the window.  I’m hoping Joe will go to an auction and save us some money there.  We focused a lot more time and effort in getting the numbers reasonably comfortable.  You will notice that the mortgage tax is at a number that we haven’t seen since 1996.  Year to date we are through eleven months.  We are looking at about $300,000.00 plus in total so we will have about $100,000.00 shortfall that will have to be made up from Fund Balance.  We committed about $276,000.00 to Fund Balance to get to this number and we will be okay to continue to use a number of that size for the next couple of years even if we don’t see a huge rebound.  Take some time to go over it and it will be on my agenda again in two weeks.

 

Ms. Dede Lift grin stated there was an issue in the past about money being allocated for the sedimentation ponds for Putnam Lake and their vortexes.  I was wondering do we have to see this specifically in here for that.

 

Mr. Griffin stated no that is in General Maintenance.

 

SANITATION VEHICLE – PACKER – AWARD BID

 

Mr. Griffin introduced the following Resolution for Acceptance of Proposal for Sanitation Vehicle:

 

R-0909-05

 

WHEREAS, the Town Board of the Town of Patterson has duly advertised for bids for a sanitation vehicle; and

 

WHEREAS, the Town Board of the Town of Patterson has received the attached bid proposal from SANITARY EQUIPMENT CO., INC. for the purchase of one (1) sanitation vehicle in accordance with the specifications contained in the bid documents for the sum of Seventy-One Thousand Eight Hundred Thirty-Two Dollars ($71,832.00); and

                       

WHEREAS, the Town Board of the Town of Patterson wishes to accept the bid proposal submitted by SANITARY EQUIPMENT CO., INC.;

                       

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the bid proposal of SANITARY EQUIPMENT CO., INC. for the purchase of one (1) sanitation vehicle for the sum of Seventy-One Thousand Eight Hundred Thirty-Two Dollars ($71,832.00); 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. Kassay.  Roll Call: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes.  Carried.

 

BROOK FARM AGREEMENT – RESOLUTION

 

Mr. Griffin stated about three years ago we stopped working with the Putnam Humane Society.  We were able to save about $11,000.00 per year by dealing with Brook Farm Veterinary Center on Route 22.  We continued to appreciate the significant savings.  I would like the Board to continue with Brook Farm and save money.

 

Mr. Griffin introduced the following Resolution for Acceptance of Agreement Between the Town of Patterson and Brookfarm Veterinary Center:

 

R-0909-06

 

WHEREAS, the Town of Patterson is required to provide animal shelter services in accordance with the provisions of Article VII of the Agriculture and Markets Law of the State of New York; and

 

WHEREAS, the Town of Patterson desires to contract with a veterinarian to receive and hold dogs that are captured by the Patterson Dog Control Officer pursuant to the Patterson Town Code and the Agriculture and Markets Law of the State of New York; and

 

WHEREAS, by resolution dated December 26, 2007, the Town Board of the Town of Patterson accepted the proposal of Brook Farm Veterinary Center to receive and hold dogs that are captured by the Patterson Dog Control Officer pursuant to the Patterson Town Code and the Agriculture and Markets Law of the state of New York; and

 

WHEREAS, on December 31, 2007 the Town of Patterson and Brook Farm Veterinary Center entered into a formal Agreement, which terminated on December 31, 2008; and

 

WHEREAS, the Town of Patterson and Brook Farm Veterinary Center wish to renew said Agreement for the period commencing January 1,2009 through December 31, 2010; and

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the attached Agreement between the Town of Patterson and Brook Farm Veterinary Center for the period commencing January 1, 2009 through December 31, 2010; and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Agreement between the Town of Patterson and Brook Farm Veterinary Center and any and all other documents necessary to give effect to this resolution.

 

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

 

COURT AUDIT – RESOLUTION

 

Mr. Griffin introduced the following Resolution for Acknowledgment and Approval of 2009 Annual Audit:

 

R-0909-07

 

WHEREAS, the Unified Court System of the State of New York requires that the Town of Patterson conduct an annual audit of its Justice Court records and dockets in accordance with Section 2019-a of the Uniform Justice Court Act; and

                       

WHEREAS, the Town Board of the Town of Patterson conducted its annual audit on January 13, 2009; and

                       

WHEREAS, the Town Board of the Town of Patterson wishes to acknowledge and approve the minutes of the annual audit conducted on January 13, 2009, a copy of which is attached hereto.

                       

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby acknowledges and approves the minutes of the annual audit conducted on January 13, 2009; 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. Kassay.  All In Favor: Aye: Carried.

 

LETTER FROM DON SMITH

 

Mr. Griffin stated several years ago the State Police decided they would no longer prosecute traffic violations.  At that point in time, all the local Towns had to use their Town Attorney’s to prosecute all the tickets.  That has been working very well.  In the past when State Troopers or any police office didn’t show up, the Judges are obligated to dismiss the tickets.  We have solved that problem with the State police however; we have been requesting the same from the Sheriff’s Department.  I received a letter back.

 

To Mr. Curtiss from Sheriff Smith:

 

This is a brief note to thank you for your letter dated July 31, 2009 pertaining to prosecution of traffic tickets in Patterson Justice Court.  I already had a preliminary discussion with the District Attorney Adam Levy on this subject and I will get back to you as soon as we make a final determination on this subject.  Thank you for everything you do to make Putnam County a better and safer place.  Best wishes and keep the faith. Sincerely, Don Smith.

 

Mr. Griffin stated Counselor that letter was from August 7, 2009.  Why we received it on the 24th I’m not sure, and I’m not going to pick on the post office but is there any update on this.

 

Mr. Curtiss stated I spoke with the District Attorney and he is going to send the recommendation to the Sheriff’s Department that they probably would be better served if we prosecuted their tickets.  What happens is we have them on cell phones.  We don’t have to bring them into court.  If someone wants a trial we simply contact them by cell phone.  They come in and we do the trial.  If they don’t want a trial or they want to plea bargain that is acceptable also.  It works well.  It’s worked for the State Police too.  The Judges have been very cooperative in scheduling.

 

Mr. O’Connor stated how do they work it out with the police and their cell phones when they are on duty.

 

Mr. Curtiss stated they get a duty roster and schedule the tickets when the Troopers are on duty, most times.

 

Judge King stated absolutely not.  We don’t schedule trials by the police officers.  We schedule a date and they get notified when they want into appear.  We don’t go by their schedules.  I don’t have to track anyone down.  That is not our position.

 

Mr. Curtiss stated we confirm that they get the notice and if they are available.

 

Mr. Griffin stated Judge how much do you think has walked out of the Town because of failure to prosecute.

 

Judge King stated around $75,000.00 this year alone.  The State Police never could prosecute.  Throughout the years, it became a habit and then it was fine until three or four years ago.  When they weren’t going to have it, I called the Colonel and got together with the Legal Attorney for the State Police and they said we are not going to prosecute anymore.  At that point, we brought on a Town Prosecutor and it is working out fine.

 

QUAKER LANE-UPDATE

 

Mr. Griffin stated I don’t want this to fall through the cracks because if this isn’t dedicated by September it doesn’t get dedicated for another year.

 

Mr. Rich Williams, Town Planner stated that is for a typical road subdivision.

 

Mr. Griffin stated so being this is a slightly different situation Charlie could accept this if he chose to at a later date. 

 

Mr. Williams stated in this instance we would be accepting the road per District Law Section 200, which is a horse of a different color.  If the Board follows through with a proceeding, the road would be accepted for dedication by the proceeding act.

 

Mr. Griffin stated as I understood it there was supposed to be a survey done.

 

Mr. Williams stated that is the question.  We need to get a survey so we could do a subdivision and create the road right-of-way.  The homeowners initially had someone who was going to do that survey but that has fallen through the cracks.  I have been working with the homeowners and I have been soliciting proposals.  I contacted the original surveyor.  He never got back to me with a price.  I contacted three other surveyors and finally one called me and gave me a price.  That was thanks to Christina Rizzo.  She has contacted a number of other surveyors.  I’m still waiting on the other two.  Once we get that final number then we can get the property owners to do the petition knowing what the costs are going to be and we can start the proceeding.  I have talked to Tim tonight and with the Board’s approval you can authorize Tim to assist us in preparing the petition that the homeowner’s need to circulate and sign.  That would be appreciated as well.

 

Mr. Griffin made a motion to authorize the Town Attorney to assist in the preparation of the petitions for Quaker Lane.

 

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

 

Mr. Griffin stated is there any other steps we can be taking here tonight.  When I was on the Planning Board, I seemed to recall those lots crossing the street.  Can you have the same lot on two different sides of a public road.

 

Mr. Williams stated we will have to put legal mechanism in place on the subdivision plat and deed restrictions to ensure those lots stay as a unified parcel.  We are aware of that.

 

Mr. Kassay stated they have different tax map numbers.

 

Mr. Williams stated they will.

 

Mr. Griffin stated hopefully by the next meeting we will have the surveyor.

 

Mr. Williams stated and the petitions and we will get going.

 

CARLEON/CLEMENT ROAD - DISCUSSION 

 

Mr. Griffin stated I received a call from some of the residents that live on Clement Road and they are having a problem with one of their neighbors and a paper road issue.  To complicate matters even further Morris lives in New York and the person that owns the house that is in question lives in Connecticut.  What happened was for many years Clement Road was a dead end road and was maintained by the homeowners.  They chipped in to pave the road and put a hammerhead on the road where this paper road existed.  A developer bought the property and totally ignored the paper road and built a driveway over the top of the paper road to the house.  Then sold the house.  The new owners said “we don’t want you in our driveway, don’t come in here anymore.”  The argument goes back and forth that they do not have the right to extinguish a paper road.  I met with all participants and everyone is very passionate in their positions.  I spoke to the homeowner who owns the home in Connecticut and gave us the name of his attorney.  Tim Curtiss got in touch with him and I would like you to update the Board.

 

Mr. Curtiss stated I spoke with Mr. Saffie.  He had unfortunately no knowledge of what a paper road was or what everyone’s rights over the paper road are.  I asked him if he obtained a title policy when he purchased this house and he did.  I asked him if he had a survey and he thought he did but he was going to check his file and make sure.  I told him that on the survey it will show that these lots were encumbered by that paper road.  If that is the case then all the neighbors have the right to cross that and you will have to reinstall the hammerhead.

 

Mr. Griffin stated I received an email from a resident of New Fairfield who actually lives in the back of Carleon Road.  It reads:

 

My family has lived at 11 Clement Road since 1968.  The year we moved in Carleon Road was a wash out by a storm and never made passable again.  My family and several neighbors maintained Clement Road and the first twenty-five feet of Carleon Road is the turn around filling in the holes and ruts as needed.  My wife and I purchased the home from my mother in 1990 and at the time it was a dirt road and we used Item 4 and gravel brought in whenever there was a major storm.  In 2000, the neighbors got together and paved Clement Road and approximately a twenty-five foot section of Carleon Road as it was used as a turn around point for several families, emergency vehicles, utilities, and deliveries.  Clement Road is a dead end with no turn around point without having to go into private property.  A new house was completed in 2009 directly across the street from 11 Clement Road (inaudible) on top of the paved section of Carleon Road.  The house is 1 Carleon Road.  The new owner insisted the neighbor’s could no longer turn around at the bottom of the driveway even though they clearly don’t own that area as evidence by the surveyors stakes set around the property.

 

Mr. Griffin stated how do we move this from this point on to get this resolved.  Before we have a problem with needing an ambulance or fire equipment etc. and nobody can negotiate the road, what do we do.  How do we get legal rights.

 

Mr. Curtiss stated is Carleon Road in Connecticut or New York.

 

Mr. Griffin stated I believe it is entirely in Connecticut.

 

Mr. Curtiss stated I will probably have to get a hold of the Town Attorney over in New Fairfield.  We would not be able to enforce it here in New York.

 

Mr. Griffin stated anything you can do to move this process because winter is coming.

Morris is there anything you would like to add to this tonight.

 

Mr. Mele stated most recently we had an accident there.  A woman came in and she had to turn around and it was so narrow she hit the car all because we don’t have the turn around.  The builder took the whole fifty feet. There is only five feet from the garage.  It’s going right into the paper road.  I don’t understand how they can get away with this.  I went to New Fairfield and they threw us out of the office.  They said they have nothing to do with the roads.  I said “what are you talking about.”  It has been there since I bought the property in 1950 and that was there.  All this time we always used it. I can’t understand how they can do that. 

 

Mr. Griffin stated thank you Morris.  The Town Counsel will pursue this.  I’m not sure how this is going to get resolved but we are going to do what we can to work with the Town of New Fairfield.  The level of cooperation between the two Towns has been minimal.  We will take whatever legal steps we have to.

 

Mr. Morris stated I appreciate that.

 

FAIR STREET SELF STORAGE – BOND REDUCTION

 

Mr. Griffin introduced the following Resolution Reduction of a Performance Bond

for the Gus Boniello a.k.a. 311 Group Subdivision:

 

R-0909-08

 

WHEREAS, Gus Boniello, own a parcel of land on Fair Street identified as tax map #23.-1-2, and

 

WHEREAS, the Gus Boniello Group has posted a bond in the amount of $118,000.00 as surety to guarantee the construction of certain improvements, including road work and drainage as shown on the final subdivision plat and construction drawings approved by the Patterson Planning Board on September 26, 1985 entitled 311 Group Subdivision; and

 

WHEREAS, the Town Engineer has certified that construction of said improvements has been completed, and

 

WHEREAS, Section 138-14.F(1) provides that where construction of road improvements has been completed the performance bond amount may be reduced to 10% of the original bond amount, and

 

WHEREAS, the Planning Board on September 3, 2009 made a recommendation to reduce the performance bond to 10% of the original bond amount, and

 

WHEREAS, Mr. Gus Boniello as the new owner of the 311 Group Subdivision has posted with the Town a bond or other surety in the amount of $118,000.00 to ensure the completion of improvements for the 311 Group Subdivision;

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby directs that the  performance bond or security posted for the 311 Group Subdivision in the amount of $118,000.00  is  reduced to $11,800.00, and

 

BE IT FURTHER RESOLVED, that the bond or security posted for the project be subject to prior approval by the Town Attorneys, CURTISS & LEIBELL P.C., as to sufficiency and form.

 

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

 

BREWSTER PLASTICS-ESTABLISH PERFORMANCE BOND

 

Mr. Griffin introduced the following Resolution for Establishment of a Performance Bond for the Brewster Plastics Amended Site Plan:

 

R-0909-09

 

WHEREAS, Highland Group, LLC. own a parcel of land at 60 Jon Barrett Road identified as Tax Map No.24.19-1-2, and

 

WHEREAS, the Planning Board of Town of Patterson has received an Application for site plan approval from Highland Group, LLC. in order to construct various improvements on the lot, as shown on a set of drawings entitled Brewster Plastics amended Site Plan prepared by  LADA, P.C. Land Planners and BVH Integrated Services Inc., dated June 16, 2009, and last revised August 25, 2009; and

 

WHEREAS, a motion was made and carried by the Patterson Planning Board at its September 3, 2009 meeting recommending that the Town Board of the Town of Patterson find that the cost of a bond, sufficient to cover restoration of the site should the developer fail to complete the site improvements, is determined to be in the amount of $24,800, with an inspection fee of $17,755.00, and

 

WHEREAS, the Town Board of the Town of Patterson wishes to follow the recommendation made by the Patterson Planning Board;

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby establishes  the amount of the performance bond sufficient to cover restoration of the site should the developer fail to complete the site improvements for the Brewster Plastics amended Site Plan , pursuant to the Town Code of the Town of Patterson as $24,800.00, with an inspection fee of $17,775.00, and

 

BE IT FURTHER RESOLVED, that the bond posted for the project be subject to prior approval by the Town Attorneys, CURTISS & LEIBELL, P.C., as to sufficiency and form.

 

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

 

BUDGET TRANSFER REQUESTS

 

Mr. Griffin stated No. 22 and 23 from the Town Comptroller, Patterson Highway Department Bucket Truck Repair.  The following budget transfer is necessary to reallocate funds per Highway Superintendent’s request dated August 21, 2009:

 

Move from DA5110400 General Repairs to DA5130400 Machinery Contractual in the amount of $10,000.00.

 

Mr. Griffin made a motion to approve the Budget Transfer request No. 22 from the Town Comptroller.

 

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

 

The following Budget Transfer is necessary to reallocate fund to the Engineering Contractual line.  Move $6,000.00 to Contingency 1990-.400 to 1440-400 Engineering contractual in the amount of $6,000.00.

 

Mr. Griffin made a motion to approve the Budget Transfer request No. 23 from the Town Comptroller for the amount of $6,000.00

 

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

 

CSEA REQUEST

 

Mr. Griffin stated in 2002 the CSEA Employment Benefit Fund created a Retiree Dental Plan to fill the need for employees who where previously covered by the fund for dental benefits through their collective bargaining agreement and that covered into retirement for dental benefits.  The plan would serve as an important and valuable benefit for retirees.  The member agreement does not obligate the employer, that would be the Town, in any way as it relates to financial or administrative duties.  The benefit is provided to the retiree at no cost to the employer.  It is the fund responsibility to provide all information regarding the plan to the potential participant.  Enrollment and billing of these participants will also be done by the fund and will not require any involvement by your personnel office.  Thank you in getting the MOA signed.  Please return it to my attention and the fund will have the document signed by the Labor Relation Specialist.  A fully executed copy will be sent for your records.

 

Mr. Griffin stated some of the reasons that they asked to move this with some alacrity is that if I read this correctly if any retiree who let’s this lapse because their COBRA lapses will no longer be eligible for the plan.  Tim have you reviewed this.

 

Mr. Curtiss stated no I haven’t seen that.

 

Mr. Griffin stated can you take a look.  I wouldn’t want anyone to lose their dental benefits.

 

Mr. Griffin made a motion to approve the CSEA request to authorize the Supervisor to sign the MOA for Retiree Dental Plan.

 

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

 

EXECUTIVE SESSION LEGAL

 

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

 

OTHER BUSINESS

 

Mr. Kassay stated I have a letter dated September 4, 2009 from Charlie Williams, Highway Supervisor addressed to me regarding an update on H. Ted Bauman Park:

 

Today, Friday, September 4, 2009 the safety surface was put in place at H. Ted Bauman Park.  We also removed the rotted wood by the gazebo, the sandboxes, and the sand.  If you need any further assistance, please don’t hesitate to call my office.

 

Mr. Kassay stated I would like to thank Charlie and the guys for a wonderful job they did out there on Friday.  I also want to thank Playground Medic and Jim the Certified Inspector.  The four brand new swings are all up.  The kids love it.  There are new chains on the climbing wall.  I spoke with the Vice President of the company and we are up to speed for 2009.  There are no dangers at all.  Come next year we will address whatever comes up then.

 

Mr. Griffin stated I have a request from Jim Lowe representing the Patterson Fire Department Ambulance Corp:

 

To the Patterson Town Board, I would like to respectfully request the use of the Patterson Town Hall on Sunday, October 4, 2009 from 12:00 to 6:00 p.m. for the purposes of conducting a training exercise for Patterson Carmel Ambulance Corp. 

 

Mr. Griffin stated basically what they want to do is practice moving bodies up and down staircases.  Since we have open staircases here, it would be very good for them to practice on.  What would the Board like to do.  We would have to request insurance certificates identifying us as also insured prior to any activity.

 

Mr. O’Connor stated the day might come that they will have to drag you down that stairs.  You will want them to know how to do it.

 

Mr. Griffin stated as long as we have insurance I don’t see a problem with it. 

 

Mr. Kassay stated we should run it by Marshall & Sterling to see that they are comfortable with it.  They can send us back a response in writing that everything is okay.

 

Mr. Capasso stated who is going to open it up and close it.

 

Mr. Griffin stated I will take responsibility for it.

 

Mrs. Nacerino introduced the following Resolution to Increase Town Budgetary Allowance for the Patterson Library:

 

R-0909-10

 

WHEREAS, the Town Board of the Town of Patterson has received a proposal from the Patterson Library Board of Trustees for an increase of the annual contribution from the Town of Patterson for the Patterson Library; and

           

WHEREAS, Patterson Library Board of Trustees proposes that the current annual contribution from the Town of Patterson in the amount of Four Hundred Thirty-Four Thousand Dollars ($434,000.00) be increased to Five Hundred Fourteen Thousand Two Hundred Ninety-Three Dollars ($514,293.00); and

           

WHEREAS, the Town Board of the Town of Patterson has investigated the proposal and finds that said proposal would be in the best interest of the Town; and

           

WHEREAS, the Town Board of the Town of Patterson wishes to have the proposition placed on the November ballot for the general election;

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes that the following be placed on the November ballot: 

 

SHALL THE ANNUAL CONTRIBUTION OF THE TOWN OF PATTERSON FOR THE PATTERSON LIBRARY BE INCREASED BY EIGHTY THOUSAND TWO HUNDRED NINETY-THREE DOLLARS ($80,293.00) TO THE SUM OF FIVE HUNDRED FOURTEEN THOUSAND TWO HUNDRED NINETY-THREE DOLLARS ($514,293.00) ANNUALLY.

 

BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to file the proposition with the Putnam County Board of Elections.

 

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

 

Mr. Griffin stated discussion.  Does anyone have any problem with this.

 

Mr. O’Connor stated this is one of those times that it is not representational government.  It is the will of the people.

 

Roll Call: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O'Connor; yes, Mr. Griffin; yes.  Carried.

 

Mr. Griffin stated I will vote yes on this but I do have to express my sincere disappointment to the Library Board that should we be in construction or we need slightly more additional time to use the facility that after all the years that we worked together so well we will have a hard and fast August 31, 2009 out the door.  I find that very disappointing after all these years that there is no flexibility.  I will vote yes because the voters should have the opportunity.

 

Mr. O’Connor stated I know the people in the library well and I don’t think that they are that hard and fast.  They certainly aren’t going to tell us to take an extra couple of weeks because then we would take an extra couple of weeks.  That’s the way human nature is.  I think if we were close to the date and we needed more time I would be very surprised if they weren’t reasonable.

 

Mrs. Nacerino stated on Friday, September 11, 2001 American Airlines Flight 11 flew into the North Tower of the World Trade Center.  At 8:46 a.m., United Flight 175 was flown into the South Tower.  At 9:02 a.m., American Airlines Flight 77 was flown into the Pentagon.  This marks the eighth anniversary of the 911 attacks.

 

Mrs. Nacerino stated to commemorate those who lost their lives and those who were deeply effected I would like to make a motion have all Town Hall employees and anyone else who wishes to participate to gather outside the Town Hall 911 Memorial for a moment of silence at 9:37 a.m.  If anyone wishes to speak, please contact the Supervisor’s office.

 

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

 

Mr. Griffin stated I think that is an excellent idea and I fully support that.

 

Mrs. Nacerino’s Environmental Tip:

 

Avoid using rubber bands if you can.  About three-quarters of rubber bands are synthetic made from crude oil.  When these are incinerated at the dumps significant health effects can result.  In North America, 2.2 million metric tons of synthetic rubbers are used per year.  Next time use a paper clip.

 

 

 

 

PUBLIC RECOGNITION

 

Ms. Pat Ploegher stated thank you very much for letting us know about the long awaited repairs to Club Court at H. Ted. Bauman Park.  Thanks to someone else for the work done on Haviland Hollow in particular but on Harmony in getting the signs up.  The second Wednesday of July at this Board meeting a friend of mine who was also attending with the Library Board told me that her husband was almost killed that afternoon.  She lives on Haviland Hollow Road.  He was making a left turn into his driveway, had a car behind him, and saw his turn indicator. The car in back of that car did not see it and proceeded as traffic slowed down as he slowed down to make the turn to whip around over the double line and almost got him in the side of the car.  His reflects were strong enough and he was okay.  This really bothered me.  The next day since I thought it was an illegal traffic violation, I called the Sheriff’s office.  I didn’t know what the license plate number was.  I wanted to know if there was anything the Sheriff’s office could do.  Don Smith said to me we will get a patrol car out there as soon as possible.  Not only did he get a patrol but that afternoon he had a speed wagon and his Deputy’s reported back to him that indeed traffic was going at a high clip for that road but they were within 55 MPH because the 45 MPH signs haven’t been put up yet.  What he did was called and sent a written request over to the Commissioner’s office asking for the signs to be expedited over there and on Harmony Hill.  A couple of weeks later he called me to let me know that the signs were up and that his Deputy’s were out there.  The speed-reader was backing up again and they had ticketed three people already that day.  He said if you have any friends on that road, please let them know.  Thank you to Sheriff Smith.

 

Ms. Patti Haar, Patterson Library stated the library (inaudible) is the size of a two to three bedroom ranch house that typically a family of up to five live in.  We serve between two and three hundred people a day.  Unfortunately, in a situation like that you can’t really provide a library that serves everyone’s needs in the Town.  People come in and need quiet space.  It gets really disruptive in that small place.  Residents are upset that this is taking so long.  I have to tell them it will be another year before the library would be changed.  I just wanted you to be aware that this is a personal thing.

 

ADJOURNMENT

 

Mr. Don Ferraro, Library Board, stated I have to say Mike I am disappointed in your comments.  You are making the library out to be the bad guy in this issue when you have in your own admission been working on this for three years.  We bought the building from you with an understanding.  We put in one extension and have given you another extension and tried to meet you half way.  The rent we have charged you is way below the prices you have been quoting.  You say $15.00 a square foot it was something like $4.00 square foot.  We really tried to work with the Town Board so don’t make us out to be the bad guy.

 

Mr. Griffin stated I understand that Don and I think that over the years we have had a very good working relationship and I am not going to back off from what I’ve said.  It is unfortunate that if the Town Board now started to go forward with the construction of a court house, you also forced us to come up with a Plan B no matter what.  If we needed a couple of more months to complete the court house and get it ready that is no longer an option.  It sounded to me tonight that August 31, 2009 is a drop dead date and we are gone.  If the Board agreed tonight and we started construction even this winter and it wasn’t going to be completed until September or October, you are telling us we have no option but to find an alternate place to hold court for what could be a very brief time and generate a very significant cost to the taxpayer’s.  We took you out of a 1,400 square foot situation over there.  We’ve paid the garbage bills, plowed the parking lot, shoveled the sidewalks, maintained the grass, paid half of the utility bills and everything else.  It has been a really good working relationship for everyone.  I’m sorry it is taking as long as it has.  Some of it has been our fault and some has been issues that are out of our control with the foreclosures and acquisitions.  I feel like you put us in a tough spot.

 

Mr. Ferraro stated I don’t think we forced you.  This was the action of your Board and it’s been going on for a long time.  You sold the building to us with the understanding that we would have that building so that we could provide the residents of Patterson the kind of library they deserve.  I really resent the fact that you are taking that position at this time.  I’ve been sitting at these Board meetings listening to this.  Any conclusion that I would come to at the end of this time is that there is no intention to build this court house (inaudible).  You can give lip service to it but it is very obvious.  We at the library have to protect the residents and ourselves and provide the services that they deserve.  I’m sorry you feel that way but I also resent the fact that you would use this forum to do that.

 

EXECUTIVE SESSION

 

There being no further business, Mr. O’Connor made a motion to go into Executive Session at 10:15 p.m.

 

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

 

Mr. O’Connor made a motion to close Executive Session at 11:00 p.m.

 

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

 

 Mr. Griffin called the meeting back to order.

 

ADJOURNMENT

 

There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 11:05 p.m.

 

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

 

 

                                                                        Respectfully submitted,

 

 

                                                                        ___________________________________

                                                                        ANTOINETTE KOPECK, TOWN CLERK