PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

September 21, 2011

MINUTES

PRESENT: MICHAEL GRIFFIN, SUPERVISOR

KEVIN BURNS, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

EDMOND O’CONNOR, DEPUTY SUPERVISOR

ANTOINETTE KOPECK, TOWN CLERK

JAY HOGAN, TOWN COUNSEL

ABSENT: JOSEPH CAPASSO, COUNCILMAN

Salute to the Flag and Roll Call.

Supervisor Griffin called the Patterson Town Board meeting to order at 7:30 p.m. with 45 in attendance.

AUDIT OF BILLS

Mrs. Nacerino made a motion to accept Abstract No. 18 as written:

General Fund $42,623.77, Highway Fund $96,281.14, Waste Water Treatment Plant $14,570.46, Capital Fund $40,000.00, Putnam Lake Light District $1,495.73, Patterson Light District $1,701.53, Patterson Refuse District #2 $33.60, Patterson Park District $558.28, Alpine Water District $4,355.21, Dorset Hollow Water District $1,019.16, Fox Run Water District $32.09, Trust & Agency $1,520.25, Grand Total Abstract $204,191.22.

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

HIGHWAY DEPARTMENT WOOD STOVE – DISCUSSION

Mr. Griffin stated back in January of this year we received a memo from the Highway Department regarding the wood stove that has a serious leak in the water jacket. They asked the Board to consider replacing it. We looked into alternative ways to heat the building and basically we came back to the conclusion that there isn’t a more economical way to do it than the wood stove system. Russ do you have any comments on this.

Mr. Goff stated this is the time of year we should be looking into this. We did look into alternative fuels and it was six (6) gallons an hour for natural gas.

Mr. Griffin stated I see we have a couple of quotes from alternative heating supplies, are there any other companies that make this type of product.

Mr. Goff stated there are a couple of other companies and we are looking into them. There is one in Connecticut but they haven’t gotten back to us yet.

Mr. Griffin stated does the Town Board want to move forward with replacing this.

Mr. O’Connor stated if it has to be replaced, we would be foolish not to replace it. We have a lot of wood.

Mr. Griffin stated it would be about $100,000.00 to bring natural gas down there. I spoke to NYSEG about it. Russ if you will meet the procurement policy we will move this at the next meeting.

Mr. Goff stated okay.

COMCAST FRANCHISE RENEWAL – DISCUSSION

Mr. Griffin stated Comcast has contacted us and they would like to start renegotiating their franchise agreement. If any resident of the Town has any gripes, complaints or issues please let my office know. While we are in negotiations there are things we will ask for and if there are service issues that the Town isn’t aware of, I would like to be made aware of them. There is also a draft proposal that I would like the Board to take a look at and give me some feedback on it. We can put that up on line. Counsel could you also give me some advice on that.

Mr. Hogan stated okay.

NYS COMPTROLLER AUDIT – CORRECTIVE ACTION PLAN

Mr. Griffin stated did everyone get a copy of this. The submittal to the State is our response to their audit. There were seven (7) findings in their audit of significance which personally I didn’t find that significant. It had to do with the computer use, computer policy, password and a variety of issues. We adopted a new computer use for the Town. That was one response. They felt they were uncomfortable with the methodology that we used in the past for Professional Services. We modified and adopted a new Procurement Policy. There was a comment about contracts with all of our professional services. I sent them copies of all the contracts, many of which existed before their audit. The State once again isn’t ahead of the curb.

Mr. Griffin introduced the Resolution for Adoption of Corrective Action Plan:

R-0911-05

WHEREAS, the Town Board of the Town of Patterson is in receipt of a Report of Examination for the Town of Patterson dated June, 2011 covering the period of January 1, 2009 to December 31, 2010 (the “Report”) which was prepared by the Office of the State Comptroller in accordance with Article 5, Section 1 of the New York State Constitution and the authority granted to the State Comptroller by Article 3 of the General Municipal Law of the State of New York; and

WHEREAS, pursuant to Section 35 of the General Municipal Law, a “corrective action plan” (“CAP”) that addresses the findings and recommendations in the Report is to be prepared and filed within 90 days of the receipt thereof; and

WHEREAS, the Supervisor has prepared a CAP and presented it to the Town Board for consideration at its regular meeting held on September 21, 2011; and

WHEREAS, the Town Board of the Town of Patterson desires to adopt and approve the CAP as prepared by the Supervisor and presented to it at said meeting,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby adopts and approves the CAP in the form submitted to the Town Board, a full and complete copy of which is annexed to this Resolution; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to submit the CAP to the Office of the State Comptroller and to execute any and all documents and perform any and all other acts as may be necessary or convenient in order to give full effect to this resolution.

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

EAST OF HUDSON BENEFIT CORPORATION

Mr. Griffin stated we have a copy of the comments for the Filtration Avoidance Determination that is being renegotiated with New York City D.E.P. and D.E.C. If the Board would review it and if they have any issues I would like the Town to take a formal position on this. Our Town Planner and our Attorney for the Benefit Corporation had looked at this and these are their thoughts and comments. I would like to say that the Town of Patterson is on board with the comments, particularly the comment where New York City should pay for MS-4.

Mr. Griffin stated I would like to add one item to my agenda regarding Route 311 and 84 Multi-Modal Project. We have a memo from the Town Planner. Construction has begun.

Mr. Griffin made a motion to approve the rental of a bull dozer from Ford Tractor for an amount not to exceed $1,000.00.

Mr. Griffin stated I understand we are doing a second machine.

Mr. Rich Williams, Town Planner stated yes, we are doing a second machine. The estimated price on that is $1,500.00 for the week. It’s because of all the free fill we are receiving to place at that intersection.

Mr. Griffin made a motion to approve the rental of a bull dozer from Burke Whip for an amount not to exceed $1,500.00 per week.

Seconded by Mrs. Nacerino.

Mr. O’Connor stated discussion. Are both of these expenses coming under the reimbursement from the ………..

Mr. Williams stated they are, so they are not actually costing us any…….

Mr. O’Connor stated even though we are spending an extra $2,500.00 it will be reimbursed.

Mr. Griffin stated they also reduced the contract price by $43,000.00.

Mr. Griffin made a motion to add to his agenda the Planner’s request for equipment rentals.

Seconded by Mrs. Nacerino.

Mr. Griffin stated and regarding the previous motions, all in favor.

Town Board Members stated Aye.

EDMOND O’CONNOR

FEMA INFORMATION – HOMEOWNER STORM DAMAGE

Mr. O’Connor stated we finally got FEMA to put Putnam County on the list for reimbursements for damages. We will have information on our website, at Town Hall and I have flyers to handout. Tomorrow morning our Supervisor will be attending a meeting with FEMA regarding an up to the moment briefing. The State started another program regarding your appliances if they were destroyed by the storm.

GINNY NACERINO

PAB REQUEST(S)

Mrs. Nacerino stated I have a Procurement request form from Cari Weizenecker regarding two benches for the Maple Avenue Park.

Mrs. Nacerino made a motion to approve two benches for a base price of $704.00 but one bench will have a memorial plaque installed on it which will be an additional $223.00. The total freight charges will be $284.00. Total for bench two is $927.00 for a total procurement of $1,915.00. Please note that donations were made in the amount of $800.00 to offset the purchase of the bench with the plaque for Shuffles memorial. The benches will be ordered prior to the next Town Board meeting.

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

RECREATION REQUEST(S)

Mrs. Nacerino stated Matt Chibbaro requested to change the agreement with Send In The Clowns Entertainment Corp. to add a cotton candy machine at a cost of $100.00. All Town Board members gave a verbal approval.

Mr. Griffin stated check with the Recreation Center or HUD Radio Station to see if the park will be suitable for Community Day due to all the rain we have been having.

Mrs. Nacerino made a motion to authorize Kathryn Haughney’s title be changed from Junior Staff to Senior Staff at a rate of $10.00 per hour.

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

Mrs. Nacerino made a motion to authorize the hire of Christopher Santos for the position of Junior Staff at the Recreation Center at the rate of $8.50 per hour.

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

KEVIN BURNS

COMMUNITY SURVEY – FOLLOW-UP

Mr. Burns stated I’ve spoken about this in the past regarding updating our Master Plan. I just want everyone to know one will be coming out. My praise to Rich Williams for putting this together. This is a survey you will be getting in the mail. It will say “Official Town Business” to the occupant. There are a series of questions like information about your family, what types of things you would like to see in Patterson in the future, what types of developments are you in favor of, what types do you oppose, some general planning questions etc. It’s important to receive as much feedback from our citizens as we can. Mail it back to Town Hall and you don’t have to put your name on it.

CLOVER LAKE – FOLLOW-UP

Mr. Burns stated it is my understanding from conversations with Counsel the proposal that we were going to make was rejected.

Mr. Hogan stated it was not going to be acceptable.

Mr. Burns stated on that basis, I had some informal discussions with the Town Board members and they were not inclined at this time to look at alternative proposals because we spent considerable time looking at that proposal and coming up with that. I will table this for the foreseeable future.

Mr. Major stated Mike you were supposed to recuse yourself and someone else on the dais should be addressing the community.

Mr. Burns stated it’s tabled but if we are going to have discussion on it……

Mr. O’Connor stated all activity on Clover Lake has been tabled but if you would like to make a comment you can.

Audience member stated I realize that I am testing the patience of all who are here on the Board but as a citizen and a humanitarian and also a very experienced business man, I guess I am asking you to make what is the most difficult business decision you have been asked to make in the last few years. That is to grant traditional IDA tax abatement benefits to the Plaza at Clover Lake. The reasons are numerous, which you have heard before. We obviously have 65 residents there who have been very happy there. We have the ability with the assisted living provisions to add 65 people which would enable the Plaza to establish profitability sometime around 2019 or sooner. I have also been advised tonight that the principles in Center Management have been able to begin the negotiations on the mortgage replacement, which would be at a lower rate so we could save in excess of $40,000.00 a month in terms of interest on that loan, which would help the profitability. It would add 65 jobs. I have a list of hospitals here in and around the lower Hudson Valley. There is nothing within 30 or 40 miles of where we are now that has 24 hour physician care, Alzheimer care and other things that this organization would provide. I told you before that I had visited the Syosset Center Management Facility and found it to be exceptional. I know we are asking you to go way beyond. I understand it and I don’t like asking you to do that, but I also recognize that if we do not take action the mortgage in California will balloon and will absolutely drive this organization into bankruptcy. We have the copy of the financials. It cannot survive but with the Assisted Living portion, with 24 hour physician and nursing care, with rehab care, there are so many positives to it and I fear that if it falls into bankruptcy it will become vacated an ultimately become a Section 8 or some other kind of hotel.

Audience member continued to discuss Clover Lakes.

Mr. Burns stated I’m going to cut you off right there. It is the same presentation you have made every time you stood up and spoken in favor of this. I fully understand your position. We have fully considered your position. We have been to the site and looked at the financials and our Town’s financial health and we made a proposal as to what we are willing to do. That proposal was rejected. We are not going to have an ongoing negotiation here, so it is tabled. If there is new information you want to present, we can certainly entertain that. I haven’t heard any new information and if you want to come back if there is something new we can present that otherwise we have to move on.

Audience member stated we have a letter on file that indicates that in the Assisted Living compliment, Putnam County residents would be privileged.

Mr. Burns stated we have been down that path. We went through that when we met in person.

Audience member stated no, but they received precedence.

Mr. Burns stated we exhaustedly discussed that and the bottom line was if someone comes out of Putnam Hospital and they live in Yonkers and they want to come to this facility, you can’t say no. They can’t come here because we are going to wait for a Putnam County resident to come. That is where we ended up. Let’s move on to the next point.

Audience member stated can you give us some idea when you will take it up for an up or down vote.

Mr. Burns stated we were willing to vote tonight for the proposal we discussed. Our Counsel was directed to prepare a resolution. In the interim, our Counsel was contacted and advised that the resolution was not going to be acceptable. Until we have an acceptance of it, we have nothing to talk about.

Audience member stated the reason they are looking for additional tax abatement is to help with the $1.5 million that will have to go in leasehold improvements to make the building viable for assisted living.

Mr. Burns stated who is going to help the 12,000 citizens in the Town of Patterson when we slowly exhaust our General Fund and have no more money to rely on to supplement our budget and raise taxes 10% to 15%.

Audience member stated you know I don’t have an answer for that.

Mr. Burns stated okay that is why we are up here making those difficult decisions. We are trying to come to a middle ground, which we thought was reasonable for the Town. We weren’t entirely comfortable with it but we thought it was a reasonable compromise. We certainly aren’t comfortable with the IDA proposal based on the financials and income projects for that facility we saw and I think we did our due diligence with our Comptroller.

Audience member stated thank you.

Mr. Charles Gros, Managing Partner of Center Management Group stated who rejected it, because I don’t know of anyone who would have rejected a proposal.

Mr. Hogan stated they told me they weren’t interested in the proposal. I have the emails with me. I asked you to outline in an email what it is you wanted us to do for you because you said you didn’t want the 50, 25, 25, 25, 0 if you could do better with the IDA. That is a rejection if you ask me. I asked you to please let me know what you wanted to do so that I could then present it to the Town Board.

Mr. Gros stated I did not speak to Counsel after the IDA. The IDA was looking into whether the fact that it had previously been approved and not used and would allow it to be used again and the question of whether the resolution would be to support the IDA for the specific amounts. I don’t believe we rejected it. We really appreciate everything that you have done and the amount of times you have come down. We understand where you are and we thank you for your time. We would like you to support it and vote for it.

Mr. Burns stated we spoke by phone and it was after I received an email from Counsel. The email I understood from Counsel was you were looking for us to support the IDA proposal. That is what you asked me in our phone conversation and I indicated to you, no, we have been down that road; we are not supporting the IDA proposal. I didn’t come away from that phone conversation having an understanding of if that is all you can do then we will take it. If you are telling me that now, we can put this on the agenda for the next meeting and have a resolution.

Mr. Gros stated we are not looking to negotiate. We are looking for you to support the IDA and besides, I think the wording is a question. Where Bert got involved, he needs you to support the IDA benefits besides the actual numbers that you have agreed upon.

Mrs. Nacerino stated can you clarify what you are saying, because you are losing me.

Mr. O’Connor stated if you are saying to support the IDA’s old system of benefits, we wouldn’t do that.

Bert stated which ever proposal you ultimately come up with, the IDA will be involved.

Mrs. Nacerino stated why couldn’t the IDA take a more active role from the beginning. We seem to be taking one step forward and two steps back. Are you saying the IDA is going to get involved in supporting our proposal.

Bert stated yes, the IDA cannot move without your proposal but if you propose tax abatement it has to go through the IDA.

Mr. O’Connor stated that is sort of new.

Mrs. Nacerino stated last week Charles was saying you are working for the IDA and you stand up here week after week saying that you are representing yourself just as a citizen and not the IDA and now we have proposals coming from the IDA. This is getting convoluted.

Bert stated it is convoluted. I was misled by our legal Counsel originally and I have gotten it straightened out, I apologize.

Mr. Burns stated why don’t we table this and have the IDA contact our legal Counsel and we can put this on the agenda for the next meeting

TIME OFF/CONFERENCE REQUEST(S)

Mr. Burns made a motion to approve four (4) time off requests and three (3) conference request.

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

BUDGET TRANSFERS

Mr. Burns made a motion to approve Budget Transfer No. 34 and 35

Budget Request No. 34

From: A.1990.400 Contingency Account ($2,500.00)

To: A.1989.400 Other – Contractual $2,500.00

Budget Request No. 35

From: DA.9060.800 Hospital & Medical Benefits ($1,000.00)

To: DA.9070.800 Union Welfare Benefits $1,000.00

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

OTHER BUSINESS

Mr. O’Connor stated the bulk pick-up day for Putnam Lake is Saturday, October 22, 2011.

Mrs. Nacerino read her Environmental Tip.

PUBLIC RECOGNITION

Mr. Tim Murphy stated my issue is two-fold. It’s my understanding as a resident of Patterson, I can’t bring brush into the Patterson Town dump. All well and good. When I paid my NYSEG bill the other day in person, I inquired of NYSEG when they were going to pick up the trees that they cut on Route 22 and other places in the Town of Patterson. This was done by Nelson, a firm out of Texas. This was done after the power was restored. No tree trimming or brush removal was done until the power was restored. Their chainsaws ripped up everything in sight. It ripped through wires too. NYSEG told me they wouldn’t clean it up. It becomes a fire hazard now. I would like the Town Board to either go after NYSEG because I believe they should be responsible for this or allow the residents with any regulations you want to impose to be able to bring the brush from your own property, not commercially, and let me dispose of that in the Town landfill.

Mr. O’Connor stated why don’t we take anything vegetative at the landfill that would ordinarily decompose in time.

Mr. Russ Goff, Highway Supervisor stated I’m not sure what their rules are over there.

Mr. O’Connor stated I know it’s not your department, its sanitation, I just thought maybe you would know.

Mr. Goff stated we did clean up after the storm. I have quite a bit of branches and debris at the yard which I was going to see if I could call the Fire Department and light it up in a couple of months. Maybe we could extend that to the residents if they want to bring it in.

Mr. Griffin stated that’s a good thought for this particular situation. If we could work something out with the D.E.C. and Fire Marshall and do a controlled burn. We haven’t done it in the past because it gets overwhelming.

Mr. Rich Williams stated NYSEG made the mess and if they don’t clean it up, we should be contacting the Public Service Commission.

Mr. Bruce Major stated four weeks ago Counsel you indicated that you were going to put together a package in reference to a Board of Ethics for the Town. I was wondering where you are with that.

Mr. Burns stated I thought we agreed to use the Putnam……

Mr. O’Connor stated the County Board of Ethics.

Mr. Major stated but Counsel also indicated that he looked at several different Towns and that clearly the rules for this Town where at best insufficient and he would put together a package for your review.

Mr. Hogan stated I got the legislation for two or three different Towns. One is very comprehensive. It would be a question whether the Board wants to go down that road and review various ethics and laws from different Towns or whether you would fall back on the County’s Ethic Board.

Mrs. Nacerino stated I think we decided we would use the County.

Mr. Burns stated we didn’t pass a resolution on it.

Mr. Major stated should you confer with the County Board of Ethics and then have a resolution.

Mrs. Nacerino stated we can put that in place. I think the Board thought that would be sufficient.

Mr. Major stated I would like to see it move forward whichever way you want to do it.

Mr. Major stated I sent a letter last week in reference to a letter that was sent out by the Assessor and I was wondering if you were going to forward that to Town Counsel for his clarification and clarity on that issue.

Mr. O’Connor stated we certainly will. I spoke to the Assessor about it and he disagrees with the interpretation. We will have to run that by our Attorney.

ADJOURNMENT

There being no further business, Mr. Burns made a motion to adjourn the meeting at 8:15 p.m.

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

Respectfully submitted,

___________________________________

ANTOINETTE KOPECK, TOWN CLERK