PATTERSON TOWN BOARD

PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NEW YORK 12563

September 26, 2012

MINUTES

PRESENT: MICHAEL GRIFFIN, SUPERVISOR

KEVIN BURNS, COUNCILMAN

CHARLES W. COOK, DEPUTY SUPERVISOR

ROBERT MCCARTHY, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

ANTOINETTE KOPECK, TOWN CLERK

MICHAEL LIGUORI, TOWN COUNSEL

Salute to the Flag and Roll Call.

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

Mr. Griffin stated there will be a slight deviation from the posted agenda. We have Under Sheriff Peter Convrey here tonight who would like to update the Town Board and residents on some of the activities that are going on locally.

Under Sheriff Peter Convrey stated Supervisor, Town Board I would like to thank you for having me tonight. There were a couple of events that had transpired this past month and I just wanted to give you an update. Sheriff Smith asked me to come. We had an incident on September 6, 2012 that developed from the Town Hall and Town Court of an individual who possibly had an explosive device placed in the Town Hall.

State Police arrested an individual on a traffic infraction. He got a ticket and became irate at the female trooper and she arrested him after he made threats to her. He lived in Brooklyn and he took the train up and he is what is called a sovereign citizen. These are individuals who go throughout the country who don’t believe in government.

He came back to Judge King’s court a week ago. Judge King served him with 30 days in court with contempt of court. Right now he is in a Putnam County jail so everyone is safe here in Patterson. Every now and again this will happen not because of Patterson but because of the interstate coming through. The only thing I would recommend is if you see something call 911 right away. Between the state police and us you will get a very rapid response and I think it will eliminate the situation.

The only other thing is the detour out here on the bridge we are checking on it on a regular basis and it looks like it is working very well. We are committed to the Town. We have been assigning resident Deputies who live here in the Town. We have enhanced our services. On behalf of Sheriff Smith thank you for letting me have a few moments of your busy schedule.

Mr. Griffin stated thank you Under Sheriff. I think the Sheriff’s Department, State Police, MTA and everyone else that their response was extremely professional. I feel very comfortable that we have outstanding law enforcement in this community. Thank you again.

PUBLIC HEARING – CODE OF ETHICS (CONT’D)

See Public Hearing minutes.

PUBLIC HEARING – VETERANS’ MEMORIAL PARK INTRO LOCAL LAW NO. 7

See Public Hearing minutes.

PUBLIC HEARING – PUTNAM LAKE PARK DISTRICT INTRO LOCAL LAW NO. 8

See Public Hearing minutes.

PUBLIC HEARING – QUAIL RIDGE ROAD DEDICATION

See Public Hearing minutes.

AUDIT OF BILLS

Mrs. Nacerino made a motion to accept Abstract No. 17 as written:

General Fund $40,539.81, Highway Fund $40,252.71, Waste Water Treatment Plant $3,503.65, Putnam Lake Light District $1,533.73, Patterson Light District $1,622.61, Patterson Park District $4,175.65, Fox Run Water District $2,766.10, Trust & Agency $852.50, Grand Total Abstract $95,246.76.

Seconded by Mr. Cook. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.

CHARLES COOK

ADOPTION OF LOCAL LAW – ETHICS CODE

Mr. Cook stated we had a couple of comments earlier relative to the appointment of the Ethics Board and expanding the participation of folks who are Town Officials and employees. We were asked to consider significant others and family members that live in the same household. I don’t know how the Board feels. I’m okay on leaving it as is and if it turns out that we have a number of issues or the expansion becomes necessary we could modify the code.

Mr. Griffin stated it would be considered a minor change.

Mr. Liguori stated I don’t think it would warrant another Public Hearing. I was thinking it should be a Domestic Partner.

Mr. Cook stated so we will say “spouse, children or domestic partner or family member living in the same household”.

Mr. Griffin stated I think domestic partnership covers it in the definition. I think there is sufficient language throughout the document that it is pretty explanatory who you can’t have business dealings with and who you can. In the particular case cited, I don’t know that the individuals were living together. They may have been business partners but I don’t think they were cohabitants.

Mr. Major stated if that is the case then Tim Curtiss gave bad advice to the Councilmen. If they were business associates he would have had to recuse himself as he did later on according to your previous Ethics Code.

Mr. Liguori stated it is very clear if it is your business partner. That is in here. The question is what if you are not married and you live together.

Mr. Cook stated so we can put in domestic partner.

Mr. Liguori stated yes.

Mr. Cook stated the question came up about “may establish a Board of Ethics” and it should say “shall establish a Board of Ethics”.

Mr. Griffin stated that was what was requested and I’m not sure I go along with that.

Mrs. Nacerino stated I agree with you Mike. We spent a lot of time going through this. As you stated in a previous email we really never had any severe cases that came before the Town that the Town had to recognize and to now say that it is mandatory to have an Ethics Board I think perhaps based on the past that would be at the Town Board’s discretion in the future.

Mr. Griffin stated there is also something in this Ethics Law that I have an issue with too. It talks about if sufficient evidence is brought against someone or fabricated against someone or made up they are entitled to counsel. That comes out of their pocket. If someone came in and said I saw Kevin selling chances on a camero when he was on Town time and he twisted another Town Board members arm to buy a ticket, I think that is an ethics violation. If someone had an axe to grind with someone politically, Kevin would now have to defend himself, hire an attorney and take money out of his pocket. If he is exonerated; he is still out of pocket. If we are going to put an Ethics Board in place we better be very careful what we put in place. Saying we “shall” have an Ethics Board, I’m a little leery of that.

Mr. Burns stated I understood that we would have to refer it to the Ethics Board.

Mr. Griffin stated negative. If I read this law correctly they can act on their own motion, momentum, and inertia.

Mrs. Nacerino stated that could also be interrupted as politically motivated too. We run the risk that it might not be an unbiased Board.

Mr. Major stated the rules of evidence on an administrative issue and a criminal issue are different. What I am suggesting is whether you do the investigation or an Ethics Board does the investigation, the same rules Mike that you are concerned with (inaudible). If you decide to conduct an investigation and I’m the target of that investigation, I am going to have to pay for those minutes. Clearly one would hope that the five of you would be able to come up with three outstanding citizens who would do the right thing. Other Town’s have Board’s. The fact that you are concerned that it may get political that sort of suggests maybe you’re insecure in your positions. I don’t know.

Mr. Griffin stated it is up to the Town Board. Is “may” going to become “shall”.

Mr. Cook, Mr. Burns, Mr. McCarthy stated they will go with “shall”.

Mrs. Nacerino stated if that is the consensus of the Board, I don’t know if I totally agree. Bruce I do not understand what you are saying in terms of what takes precedence. Are you saying that an Ethics Board would supersede what the State Police said.

Mr. Major stated I want to thank you because we got three “shall”. If you had an Ethics Board, you folks would have to respond as to whether or not a conversation took place during Executive Session in which the Supervisor advised you of the pending arrest of the Highway Superintendent, if that in fact took place. You have to tell your Ethics Board.

Mrs. Nacerino stated you tell the State Police that.

Mr. Major stated I interviewed the State Police and they said that they were not told. There may have been some political decisions behind that as well, I don’t know.

Mr. Griffin stated the State Police are absolutely told. I spoke to the Investigator personally.

Mrs. Nacerino stated and so did I.

Mr. Major stated the information they gave me was not the same. You were aware of the observations almost immediately, what the highway people saw, who showed up, what car, the fact that this councilperson was coming down to tell him who ratted on him, that individual went outside, they saw them in conversation and he came back in and ran up to them. You had two bites of the apple and you chose not to do anything.

Mrs. Nacerino stated would a sworn affidavit be necessary in conducting any investigation.

Mr. Griffin stated end of the day, what is the foul, what is the penalty. It is hard to pry an Elected Official out of office.

Mr. Major stated if the facts are accurate, a group of individuals were placed at risk.

Mr. Capasso stated I would like to clear one thing up. Bruce doesn’t have all the facts. I was asked by the Board to go down and talk to Charlie. Did you know that.

Mr. Major stated no.

Mr. Capasso stated so then watch what you say. I was asked to go down and talk to Charlie by this Board and that is what I did.

Mr. Burns stated I don’t recall that.

Mr. Griffin stated he wasn’t asked to go talk to Charlie about that specific issue.

Mr. Capasso stated exactly. Let’s get it straight. No one else on the Board would go down

and talk to Charlie, they were afraid.

Mr. Cook made a motion to approve the amendments for Chapter 17 Code of Ethics with the two modifications that we spoke about tonight adding the term “domestic partner” and changing the formation of the Ethics Board from “may” to “shall”.

Mr. Cook introduced the following Resolution of Adoption Local Law No. 6 of 2012

Code of Ethics:

R-0912-07

WHEREAS, an amendment to Patterson Town Code Chapter 17, entitled "Code of Ethics", has been introduced before the Town Board of the Town of Patterson, as Local Law I-6 of 2012, and

WHEREAS, a public hearing was held on September 12, 2012, upon notice duly published and posted, and

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

WHEREAS, the proper operation of the Town government requires that its officers and employees be independent, impartial and responsible to the people, and

WHEREAS, public office must not be used for personal gain, and public officers and employees should observe in their official acts the highest standards of ethics and discharge faithfully the duties of their public office regardless of personal consideration, and

WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 17, entitled "Ethics, Code of", which amendment will replace Chapter 17 in its entirety to establish new standards and guidelines for ethical conduct of officers and employees.

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Patterson hereby amends Chapter 17 of the Patterson Town Code by replacing Chapter 17 thereof in its entirety with the text of the “Code of Ethics” which is annexed hereto and hereby made a part hereof so as to establish new standards and guidelines for ethical conduct of officers and employees, and

FURTHER BE IT RESOLVED, that Introductory Local Law I-6 of 2012 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 6 of 2012 of the Town of Patterson, and

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

Seconded by Mr. McCarthy. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, no.

Chapter 17

CODE OF ETHICS

§17-1. Declaration of policy

§17-2. Definitions.

§17-3. Standards of conduct.

§17-4. Eligibility for appointment to boards.

§17-5. Board of Ethics.

§17-6. Powers and duties.

§17-7. Penalties for offenses.

§17-8. Distribution of code.

§17-9. General

[HISTORY: Adopted by the Town Board of the Town of Patterson: Art. 1, 12-22-70 as L.L. No. 1-1970; Art. 11, 12-22-70 as L.L. No. 2-1970. (readopted 4-13-2005 by L.L. No. 9-2005); Amended in its entirety 9-27-12 by L.L. No. 6 of 2012. Amendments noted where applicable

§17-1.Declaration of policy.

The proper operation of the Town government requires that its officers and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; that public officers and employees observe in their official acts the highest standards of ethics and discharge faithfully the duties of their public office regardless of personal consideration; and that the public have confidence in the integrity of its government and the officers and employees thereof.

It is the policy of the Town of Patterson and the purpose of this chapter to establish standards and guidelines for ethical conduct of officers and employees. Though assurance of such conduct will continue to rest primarily on personal integrity and community vigilance, the establishment of standards is another step toward providing the highest integrity of public administration for the Town and ensuring that government decisions are made impartially and free of conflict of interests, thereby increasing confidence in public officials. It is also the purpose of this chapter to protect officials and employees from unwarranted assaults on their integrity by separating real conflict from the inconsequential, recognizing that for local government to attract and hold competent administrators, public service must not require a complete divesting of all proprietary interests. In recognition of these goals, there is hereby established a Code of Ethics for all officers and for all employees of the Town of Patterson. In the event of any conflict between the provisions of this code and provisions of Article 18 of the General Municipal Law, the latter shall control.

§17-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BOARD OF ETHICS - The Board of Ethics as may be created under this chapter.

CONFIDENTIAL INFORMATION - Any information, proprietary or otherwise, which by law, rule or regulation, or by agreement, is not available to the public.

CONFLICT OF INTEREST - When a Town official or employee uses, or receives an application, petition, request or invitation to act in, his official office or position for the purpose of obtaining a pecuniary and/or other benefit for himself, or any other person to the detriment, or potential detriment, of the interests of the Town.

CONTRACT - Any claim, account or demand against or agreement with the Town, express or implied.

INTEREST -

A. A participation, connection or involvement of any sort, whether direct or indirect, pecuniary or non-pecuniary, which may result in a benefit, of whatever type or nature. For the purposes of this chapter, the interests of a Town official or employee shall be deemed to include the interests of:

His spouse, domestic partner or children.
Any person with whom he has a substantial debtor-creditor or other financial relationship.
Any person by whom he is employed or of which he is an officer, director, stockholder or member.
Any person, other than an individual, of which the stock or other legal or beneficial ownership is owned by him; provided, however;

B. For the purpose of this chapter, a Town officer or employee shall also be deemed to have an interest in a matter if he or any person described in Subsection A(l) through (4) above is a party to an agreement, expressed or implied, with any applicant before any board of the Town, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or contingent upon the favorable approval of any such application, petition or request by any Town Body.

OFFICIAL ACT OR ACTION - Any legislative, administrative, quasi-judicial, appointive or discretionary act of a Town officer or employee or a Town Body.

PERSON - Any individual, firm, sole proprietorship, corporation, partnership, limited liability company, limited liability partnership, association, venture, individual appointed to and acting in a representative or fiduciary capacity, estate, trust or other entity.

TOWN - The Town of Patterson.

TOWN BODY - The Town of Patterson or any board, commission, district, council or other agency, department or unit thereof.

TOWN OFFICER OR EMPLOYEE - Any officer or employee of the Town, whether full- or part-time and whether or not compensated for his services, including members of any Town body. No person shall be deemed to be an officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a Fire Chief or Assistant Fire Chief.

TRANSACTION - Any activity, application or proceeding which requires or may require an official act or action of a Town Officer or Employee or a Town Body.

§17-3. Standards of conduct.

No Town Officer or Employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in conflict with, or might reasonably tend to conflict with, the proper discharge of his duties in the public interest. Any Town Officer or Employee who has a direct or indirect financial or other private interest in any matter before any Town Body shall publicly disclose in writing on the official record of such Town Body the nature and extent of such interest prior to participating in the discussion or before making a recommendation or giving an opinion to such Town Body on such matter.
No Town Officer or Employee shall represent private interests before any Town Body, nor represent private interests in any action or proceeding against the interests of the Town or in any litigation to which the Town is a party. The preceding sentence shall not preclude any such Town Officers or Employees from appearing in the performance of public or civic obligations or on their own behalf with respect to matters of a personal nature. All persons appearing parties before any Town Body shall make a disclosure as provided under §_809 of Article 18 of the General Municipal Law. Every application, petition or request submitted to a Town Body for any approval, license, variance or permit pursuant to any provision of the Patterson Town Code or as otherwise authorized by law in which a Town Officer or Employee has an interest as defined in this chapter shall state the name, residence and the nature and extent of the interest of any Town Officer or Employee, in connection with such application, petition or request.
No Town Officer or Employee shall, directly or indirectly, solicit, accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, from any person, firm or corporation which is interested directly or indirectly in any manner whatsoever in business dealings with the Town or under circumstances in which it could reasonably be inferred that the gift was intended to influence him or could reasonably be expected to influence him in the performance of his official duties or was intended as a reward for any official action on his part. Nothing contained herein shall be deemed to prohibit any Town Officer or Employee from borrowing money from any bank or banks designated as depositories by the Town Board. The $75 limit applies to an aggregate total of gifts made over a period of 12 months.
No Town Officer or Employee shall:
1. Accept employment or engage in any business or professional activity which will require him to disclose confidential information gathered in connection with the performance of his duties in his capacity as a Town Officer or Employee.
2. Disclose any confidential information or use confidential information gathered in connection with the performance of his duties in his capacity as a Town Officer or Employee to further his personal interests or the personal interests of others.
No Town officer, employee or appointee shall invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction which he has reason to believe may be directly involved in decisions to be made by him or which will otherwise create a conflict between his public duty and his private interest.
No Town Officer or Employee shall take official action upon any application, petition, transaction, contract or questions in which he or any member of his immediate family has an interest, and shall recuse himself from any discussion, vote or decision on any such matter. This provision shall not preclude such Town Officer or Employee from participation in any public hearing or discussion on such a matter provided that (i) he removes himself from the dais at which the Town Officers or Employees sit in consideration of such matter; and (ii) states clearly for the record that he is commenting on such matter in his individual capacity only.
No Town Officer or Employee, whether paid or unpaid, shall engage in or accept private employment, render services for private interests, or enter into contracts when such employment, service, or contract is in conflict with the proper discharge of his official duties.
No Town Officer or Employee shall accept employment by any person with whom or which he, or his department, office or agency is engaged with on behalf of the Town in the transaction of business which is or may be affected by his official action. The provisions herein shall be limited to a period of one (1) year for any Town Officer or Employee after termination of service or employment. No Town Officer or Employee shall, after the termination of service or employment with the Town, appear before any Town Body in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.
No Town Officer or Employee shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others, or grant any special consideration, treatment or advantage to any citizens beyond that which is available to every other citizen.
No Town Officer or Employee shall, by his conduct, give reasonable basis for the impression that any person can unduly influence him, or improperly enjoy his favor in the performance of his official duties, or that he is affected by the kinship, rank, position or influence of any party or person.
No Town Officer or Employee shall direct or cause any Town Officer or Employee to do or perform any service or work outside of the scope of his official duties or employment, or accept any such service or work, nor shall any Town Officer or Employee offer to or perform any such service or work for any person outside the scope of his official duties or employment.
No Town Officer or Employee shall request or permit the use of Town-owned vehicles, equipment, materials or property for personal convenience or profit. When such vehicles, equipment, materials or property are provided as Town policy and by order of the Town administration for the use of such Town Officer or Employee, they may be used only in the conduct of official business.
No Town Officer or Employee shall directly solicit, accept or receive any contribution to or for any political party or any candidate for public office including himself from any other Town Officer or Employee or from any person which is interested, directly or indirectly, in any manner whatsoever, in business dealings with the Town.
The Town Attorney or Town Counsel shall accept no employment from any person, firm, partnership, corporation, municipality or other entity which will create a conflict of interest or the appearance of a conflict of interest with the interests of the Town.

§17-4. Eligibility for appointment to boards.

A. Any person who holds an office or leadership position (defined as chairman, president, vice chairman, vice president, treasurer, comptroller, secretary or any other title or position of authority whose duties include those commonly recognized as the duties of those official titles or positions) in a political party, as defined in the Election Law of the State of New York, §_1-104, Subdivision 3, specifically excluding official positions and titles of authority in political party structures on the state or national level, shall not be eligible for appointment to the Planning Board, the Zoning Board of Appeals, the Board of Assessment Review, the Environmental Conservation Commission or the Board of Ethics of the Town of Patterson.

B. Any person who holds the chief executive position (defined as chairman, president or any other title or position of authority whose duties include those commonly recognized as the duties of those official titles or positions) in any organization, a purpose of which is to represent the interests of a geographic area that is inclusive of part but not all of the Town of Patterson, shall not be eligible for appointment to the Planning Board, the Zoning Board of Appeals, the Board of Assessment Review, the Environmental Conservation Commission or the Board of Ethics of the Town of Patterson.

§17-5. Board of Ethics.

The Town Board shall establish a Board of Ethics, pursuant to §_808 of Article 18 of the General Municipal Law, to be composed of three (3) members, none of whom may be Town Officers or Employees. The members of the Board of Ethics shall be appointed by the Town Board to serve at the Town Board's pleasure and shall receive no salary or compensation for their services as members of such Board. Should the Town Board not establish a Board of Ethics, the Town Board may exercise and discharge all powers and duties of the Board of Ethics until such time as a Board of Ethics is established under this section, and the term "Board of Ethics" as used herein shall be read as the "Town Board" until such time as a Board of Ethics is duly established and constituted.

§17-6. Powers and duties.

A. The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the Town Officers and Employees, pursuant to a written request, with respect to Article 18 of the General Municipal Law.

B. The Board of Ethics shall render advisory opinions to Town Officers and Employees with respect to this code pursuant to a written request by a Town Officer or Employee. In no event shall the identity of the Town Officer or Employee requesting such an opinion be disclosed.

C. An advisory opinion regarding this Code of Ethics shall be provided to the person requesting same. Opinions shall be forwarded by the Board of Ethics to the Town Supervisor and Town Councilpersons following the rendering of such opinion.

D. In addition to the other powers and duties granted to the Board of Ethics, the Board shall have the authority to receive from any person a written complaint questioning the compliance of any Town Officer or Employee with the provisions of this article. The Board of Ethics may prescribe a form for such complaint. The Board of Ethics may on its own motion conduct an inquiry of a Town Officer's or Employee's alleged noncompliance with the provisions of the Code of Ethics upon receipt of substantial, reliable evidence, including, but not limited to, documents, written material, or other forms of proof. The Board of Ethics shall also have the power to initiate complaints as a result of information discovered during the course of its duties.

E. The Board of Ethics shall have the authority to take testimony under oath under possible penalties of perjury.

F. The Board of Ethics may promulgate its own rules and regulations as to its forms and procedures and shall maintain appropriate records of its opinions and proceedings in compliance with state statute. All such rules and regulations shall be in compliance with applicable state statutes, shall guarantee due process and shall be reviewed and approved by the Town Counsel.

The procedure for receipt and investigation of complaints shall be as follows:

The written complaint must be signed, must include the individual complainant's address, telephone number and electronic mail address, and set forth reasonable detail and documentation, if any, of the facts alleged to constitute the violation(s).
The written complaint shall be filed with the Board of Ethics. Upon receipt of said complaint, the Board of Ethics shall acknowledge receipt to the complainant and forward the complaint simultaneously to the Town Officer or Employee who is the subject of the complaint; the Town Counsel and the Town Clerk. In the event that a Board of Ethics has been created and duly constituted, the complaint shall also be forwarded to the Town Board.
The Board of Ethics shall then conduct a preliminary analysis of the complaint and determine in writing whether there is probable cause for the complaint. In the event that the Board of Ethics finds no probable cause to support the allegations in the complaint, the complaint shall be dismissed by the Board of Ethics sua sponte. The Board of Ethics shall then notify the complainant, the Town Officer or Employee who is the subject of the complaint and the Town Board of the disposition of the complaint.
In the event that the Board of Ethics should find probable cause for the complaint, the Board of Ethics shall forward to the Town Board a copy of its probable cause decision together with any information and documentation acquired by the Board of Ethics regarding the complaint.

The Board of Ethics shall then conduct an investigation and hearing on said complaint.
Upon the request of a majority vote of the total voting membership of the Board of Ethics, the Board of Ethics may issue subpoenas to compel the attendance of necessary witnesses and the production of documents and other materials pertinent to the investigation. The Town Counsel will assist the Board of Ethics in the preparation and issuance of subpoena(s).
The Town Officer or Employee who is the subject of the complaint shall have the right to notice of and to be present at all deliberations of the Board of Ethics and be represented by counsel at any required appearance before the Board of Ethics.
A copy of the transcript of the testimony of the Town Officer or Employee who is the subject of the complaint shall be provided to the Town Officer or Employee at his cost and expense.
The Board of Ethics may require a written, sworn response from the Town Officer or Employee who is the subject of the complaint in lieu of an appearance before the Board of Ethics.
After the complaint has been filed and prior to any investigation undertaken of a complaint before the Board of Ethics, no member of the Board of Ethics or any of the Board's authorized agents may communicate directly or indirectly with any party or other persons about any issue of fact or law regarding the complaint, except that:

The members of the Board of Ethics may obtain legal advice from the Town Counsel or special counsel as the case may be;
The members of the Board of Ethics may conduct private deliberations regarding the complaint; and
If any person attempts to influence a Board of Ethics member regarding the pending compliant, the Board member shall report the substance of the communication to the Board of Ethics at the next regular meeting of the Board of Ethics.

(11) At the conclusion of its investigation and hearing on said complaint, the Board of Ethics shall then furnish the complainant, the Town Officer or Employee who is subject of the complaint and the Town Board with notice of the disposition of the complaint andits recommendation for action made to the Town Board. The Town Board shall determine whether to take, and the nature of, any official action on such recommendation within thirty (30) days of receipt and shall, immediately following the taking of such action, make it, including the recommendation of the Board of Ethics, public.

G. All actions, decisions and recommendations of the Board of Ethics shall be by majority vote of the fully constituted Board of Ethics.

H. The Town Board of Ethics shall have such other powers and duties as shall be provided by or pursuant to Article 18 of the General Municipal Law of the State of New York.

I. Except as otherwise provided herein, to the extent allowed by law, the Town Board of Ethics shall be exempt from the Freedom of Information Law and from the Open Meetings Law.

J. Discussions held in Executive Session shall remain confidential and will not be disclosed.

K. Except to the extent such records must be disclosed under the Freedom of Information Law and except as provided in §_17-6F(11), the complaint, records and other proceedings related thereto shall remain confidential.

L. The members of the Board of Ethics shall have the right to obtain opinions from qualified people other than themselves, provided that the majority of the members of the Board of Ethics agree with such a course of action and the names of the individuals involved in the complaint are withheld.

§17-7. Penalties for offenses.

In addition to any penalty contained in any other provision of law, any violation of the provisions of this Code of Ethics shall constitute cause for suspension or removal from Town office or employment or such other disciplinary action as the Town Board may consider advisable after any hearing required pursuant to law currently in effect.

§17-8. Distribution of code.

The Town Supervisor shall cause a copy of Article 18 of the General Municipal Law and this Code of Ethics to be distributed to every Town Officer and Employee within twenty (20) days after the effective date of this Chapter. Each Town Officer and Employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. Every Town Officer or Employee shall sign a written receipt indicating receipt of said documents. Said original receipts shall be filed in the Town Clerk's office and a photocopy shall be filed in the Town Officer's or Employee's personnel folder and with the Board of Ethics.

§17-9. General

The masculine number as used herein is for convenience only and shall be read as the feminine or neuter gender whenever the context hereof requires and as necessary in order to give full effect to the terms and provisions hereof.

Mrs. Nacerino stated I’m glad we had the discussion and you clarified some of the pertinent issues.

GRANT REQUEST – PUTNAM LAKE

Mr. Cook made a motion for the Town Board to authorize the Supervisor to sign a grant request to our state Senator Greg Ball for funding for the installation of an aeration system and biologic treatment of Putnam Lake. The lakes water quality has deteriorated due to nutrients. The amount of the grant request is $175,000.00.

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

TOWN PLANNER’S MEMO-PUTNAM LAKE DRAW-DOWN

Mr. Cook made a motion to approve James Gagliardo Excavating Contractors LTD to draw down Putnam Lake to evaluate the beaches and make any safety improvements required for an amount not to exceed $6,000.00.

Seconded by Mr. Burns.

Mr. McCarthy stated discussion. Does this have to go out for a bid or is the price $6,000.00.

Mr. Cook stated I have been advised by the Town Planner that this was the contractor who was willing to do this work.

Mr. McCarthy stated there is only one.

Mr. Cook stated it seems to be the trend.

Mr. McCarthy stated do we have to get two or three quotes.

Mr. Williams stated this is a contractor that I am well familiar with and the prices are reasonable. It does not have to go out for bid. We are following the Procurement Policy but be aware I have a high comfort level with Mr. Gagliardo because this is something as we are drawing down the lake we are going to have to react quite rapidly and he has made the commitment that he can be there on very short notice and get the work done.

Mr. McCarthy stated he has good history with the Town.

Mrs. Nacerino stated absolutely.

Mr. Griffin stated and he has the equipment.

Mr. Scotty Cariney stated who is paying for the draw down.

Mr. Griffin stated the Park District.

Ms. Dede Lifgrin stated could you explain why the District would pay for the removal of the rock that is clearly in the bottom of the lake.

Mr. Griffin stated because it is a swimming hazard.

Ms. Lifgrin stated ok, whether it is a hazard in the bottom of the lake or in the lake, it significantly makes a difference where it lies.

Mr. Griffin stated I get where you are going with this. Being that the Town owns the lake bottom the Town should take care of the rocks at the Towns expense and not the District expense. I don’t know if the Board wants to take a different look at this.

Ms. Lifgrin stated even if it was done ten years ago, the rock still would be in property that the Town owns.

Ms. Pat Ploegher stated this is the rock that is within the rope lines on Jackson Beach.

Mr. Griffin stated I’m not sure. I was told by an individual from the PLCC that they had been readjusted after the incident. After the incident there was a drowning and then someone else almost drowned. Jackson Beach is a designated swimming area.

Mr. Williams stated the plan right now is to draw the lake down four to five feet and to evaluate both Warren and Jackson Beach and to see what impediments there may be to those beaches. The Town wants to open those beaches and make sure they are safe.

Ms. Ploegher stated so you are just evaluating and removing any impediments that you find. You realize that the Department of Health comes out every year and looks over our beaches and gives them a green light. Is this an expense for the Park District for this year.

Mr. Griffin stated if the Board draws the lake down and the Town Board determines that the rocks present a potential danger to swimmers then they may take that course of action to remove the rocks.

Ms. Laurie Byrne stated I think that was quite a grossly negligent statement. The unfortunate incident in where the woman drowned she was quite inebriated and a non swimmer. She was not out on the dock, she did not dive in and crack her head open, she died in four feet or so of water. That was a rumor started by someone who didn’t know better. To make that statement, I can’t believe that came out of your mouth. That woman was never out on that dock.

Mr. Griffin stated I never said she was on the dock.

Ms. Byrne stated that was the premise that she dove off the dock.

Mr. Griffin stated there was no premise. The premise was she hit her head on a rock when, from what I understood of the incident, trying to rescue a small child, she hit her head on an object in the water and drowned.

Ms. Byrne stated the rock was said to be out by the raft and the woman being a non-swimmer was never out to the raft.

Mr. Griffin stated I never even mentioned the word raft.

All In Favor: Aye. Carried.

Mr. Cook introduced the following Resolution for Lowering of the Water Level of Putnam Lake.

R-0912-08

WHEREAS, the Town Board of the Town of Patterson finds it beneficial to conduct a drawdown of the Lake to evaluate the beach areas and for other beneficial purposed or activities that may be necessary for maintenance of the Lake, and

WHEREAS, 6NYCRR Part 617.5(c)(1) provides that the "maintenance or repair involving no substantial changes to an existing structure or facility" is a Type II action under the State Environmental Review Act.

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson finds that the proposed action is a Type II action and requires no further review pursuant to 6NYCRR Part 617; and

BE IT FURTHER RESOLVED, that the Town Board of the Patterson hereby directs the Town Planner and such other Town employees and Officials as may be required to lower the water level of Putnam Lake, and

BE IT FURTHER RESOLVED, that the drawdown of Putnam Lake shall not continue past November 30, 2012.

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

ROBERT MCCARTHY

LIFELINE DISCOUNT TELEPHONE SERVICE PROGRAM

Mr. McCarthy stated this is something to benefit all of us. The New York State Public Service Commission is joining other state agencies, local human services organizations and local telephone companies to promote Lifeline Awareness Week. Lifeline discount telephone service is a program designed to make basic telephone service more affordable for income eligible consumers. The Lifeline discount can be applied to either home, land line, or wireless service but it is available for only one line per household. There is information downstairs and it can save you about $250.00 per year.

PUTNAM LAKE BULK-PICK UP SATURDAY, OCTOBER 27TH

Mr. McCarthy stated the Putnam Lake Bulk-Pick Up is schedule for Saturday, October 27, 2012. Please have all your refuse out no longer than one week before. There are still fees for certain items and no chemicals allowed.

WWTP PUMP STATION-SPARE PARTS

Mr. McCarthy made a motion to approve two (2) Sigma Control model pumps for the Waste Water Treatment Plant not to exceed $2,984.00.

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

MICHAEL GRIFFIN

INTER-MUNICIPAL AGREEMENT ASSESSOR- RESOLUTION

Mr. Griffin introduced the following Resolution Approving Inter-Municipal Agreement Between the Town of Patterson and the Town of Pawling Regarding Assessment Services:

R-0912-09

WHEREAS, the Town of Patterson received a request from the Town of Pawling to enter into a cooperative agreement to share real estate assessment services; and

WHEREAS, New York General Municipal Law 119-o authorizes Towns to enter into cooperative agreements and New York Real Property Law 576 authorizes a person serving as Assessor in one Town to also serve as Assessor in another Town pursuant to such a cooperative agreement; and

WHEREAS, the Town of Patterson and the Town of Pawling wish to enter into the Inter-municipal Agreement Between the Town of Patterson, New York and the Town of Pawling, New York Regarding Assessment Services (the “Agreement”), a full and complete copy of which is annexed hereto; and

WHEREAS, the Agreement provides that the Town of Patterson Assessor shall spend two (2) days per week in the Town of Pawling in exchange for the Town of Pawling’s payment of $49,375. to the Town of Patterson for the period September 17, 2012 to December 31, 2013; and

WHEREAS, the current Town of Patterson Assessor, Christopher G. Boryk, has expressed his consent to the terms of the Agreement;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes and approves the Inter-municipal Agreement Between the Town of Patterson, New York and the Town of Pawling, New York Regarding Assessment Services; and

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

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

SEWER EXTENSION SEQRA – SET PUBLIC HEARING

Mr. Griffin introduced the following Resolution Patterson Commons Sewer Extension SEQRA Determination of Significance:

R-0912-10

WHEREAS, Martin Associates owns Patterson Commons, a retail center located at 3103-3113 Route 22, and also identified as Tax Map Parcel No. 4.-1-34, and

WHEREAS, the subsurface sewage treatment system for the Patterson Commons, including the system servicing the Dunkin Donuts business has failed, and

WHEREAS, an application has been made to the Town Board of the Town of Patterson to extend the sewer district for the Patterson Hamlet Sanitary Sewer District in order to permit the Patterson Commons to discharge 10,000 gallons per day of wastewater to the Sewer District’s wastewater treatment plant, and

WHEREAS, the improvements to extend the sewer collection system will include the construction of three pump stations on the Patterson Commons site, and a 3" force main from the shopping center, along the NYS Route 311 right of way for approximately 2,700 lf, all constructed at the expense of the property owner, and at no cost to the current District, and

WHEREAS, the Town Board of the Town of Patterson circulated notice of its intent to assume lead agency status on August 15, 2012 and no other agency involved in review of the action has objected to the Town Board of the Town of Patterson to act as lead agency; and

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

WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the Patterson Commons Sewer Extension as well as other supporting documentation for the project,

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

1. There will be no substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.

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

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

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

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

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

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

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

Mr. Griffin introduced the following Resolution Town Board’s Order Adopting Map Plan and Report and Setting a Public Hearing to Establish and Extend a Sewer District in the Hamlet of Patterson:

R-0912-11

The following order was proposed Mr. Michael Griffin, who moved its adoption to wit:

In the matters of the petition of owners of more than one-half of the assessed valuation of all the taxable real property in the proposed extension of the Patterson Hamlet Sanitary Sewer District in the Town of Patterson, County of Putnam and State of New York and according to the latest completed assessment roll of the said Town for the extension of the Patterson Sanitary Sewer District

WHEREAS, a written petition dated September 18, 2012 has been presented to and filed with the Town Board of the Town of Patterson from Martin Associates praying to extend the Patterson Hamlet Sanitary Sewer District to include that land situated in the Town of Patterson, County of Putnam and more particularly bounded and described as follows: 3103-3113 Route 22 (Tax Map No.4.-1-34), and

WHEREAS, the improvements proposed for the extension of the Sanitary Sewer District include the construction of a pump station and collection system that will collect and treat wastewater from the above-mentioned parcel, and

WHEREAS, the maximum amount proposed to be expended for the cost of construction said improvements shall be paid for by the Owners of said parcel, and shall not be assessed, collected or levied against the several properties of the District, and

WHEREAS, the operation and maintenance expense occasioned by the extension of the Patterson Hamlet Sanitary Sewer District shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom,

WHEREAS, Design Concepts Engineering, P.C. has prepared a Map, Plan and Report dated September, 2012 which sets forth the scope of the project as well as the proposed expenditures, and has duly filed said map, plan and report in the office of the Town Clerk of the Town of Patterson, and

WHEREAS, the Town Board of the Town of Patterson is considering the extension of the Hamlet Sewer District (a sanitary sewer district) in the Hamlet of Patterson, which district would service the above-mentioned parcel.

NOW ON MOTION of Michael Griffin, seconded by Kevin Burns, all members present voting therefore, it is:

ORDERED that the extension of the sewer district that is proposed for the Hamlet of Patterson shall encompass only the parcel identified as 3103-3113 Route 22 (Tax Map No.4.-1-34) ”, and it is further;

ORDERED that the property owner will construct said improvements at their own expense, and at no cost to the District, and it is further;

ORDERED that the cost to the property owner shall be based upon the annual sewer rates for said District and shall be initially $35,410.00, and

ORDERED that there are no costs of the District to a one or two family home, and it is further;

ORDERED that there will be no hook-up fees for the extension of the district, and it is further;

ORDERED that the Map Plan and Report dated September 2012 which was prepared by Design Concepts Engineering, P.C., having been filed with the Town Clerk of the Town of Patterson, is available for inspection during Town Hall’s regular business hours, and it is further;

ORDERED that the Town Board of the Town of Patterson will hold a public hearing at 7:30 p.m. on October 10, 2012 at the Patterson Town Hall located at 1142 Route 311, Patterson, New York, 12563 to consider said petition and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation to such petition as may be required by law, and it is further

ORDERED that the Town Clerk of the Town of Patterson give notice of such hearing by publishing same in the official Town papers, by posting a copy of this order on the sign board of the Town of Patterson, and by posting certified copies of this order in five public places within the proposed sanitary sewer district in the Town of Patterson not less than ten (10) nor more than twenty (20) days before such hearing.

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

FEMA FLOOD INSURANCE PROGRAM – DISCUSSION

Mr. Griffin stated we have received notification from the Federal Government that they have updated all of their flood mapping and if we want to keep our ISO rating, rates for people who do need flood insurance in the Town of Patterson, we have to amend our Local Law. I have spoken to the Town Planner and he is willing to move forward with it. There are a number of steps in the process. Basically what happens is money stays in the community instead of being spent on insurance premiums. Residents pay their premium and they are reminded that the community is working to protect them from flood losses etc. At this time if the Board is in agreement I will work with the Town Attorney and Town Planner to upgrade the Local Law for the purposes of maintaining our flood insurance rating.

Mrs. Nacerino stated why did they not incorporate these four parcels.

Mr. Griffin stated they changed the elevations of the flood mappings.

Mrs. Nacerino stated okay.

NO U-TURN REQUEST - UPDATE

Mr. Griffin stated Rocco’s Pizza sent us a request for No U-Turns. To my utter amazement the DOT went along with it and the signs are up.

APPOINT HEARING OFFICER RESOLUTION

Mr. Griffin introduced the following Resolution Designating a Hearing Officer to Consider Civil Service Law Section 75 Disciplinary Charges:

R-0912-12

WHEREAS, on September 12, 2012, in accordance with Section 75 of the Civil Service Law, disciplinary charges for violation of USDOT Omnibus Transportation Employee Testing Act and violation of the Town of Patterson Drug-Free Workplace Policy were filed against Richard Maher, an employee in the Town of Patterson Highway Department; and,

WHEREAS, on September 19, 2012, Richard Maher notified Town Supervisor Michael Griffin that he was exercising his rights under Section 75(2) of the Civil Service Law; and,

WHEREAS, Section 75(2) of the Civil Service Law provides for a hearing upon the stated charges be held by the officer or body having the power to remove the person against whom such charges are preferred, or by a deputy or other person designated by such officer or body in writing for that purpose; and,

WHEREAS, Town Supervisor Michael Griffin has recommended the appointment of Tia Denenberg, of Gallatin, New York as a designated hearing officer;

Now therefore let it be resolved, that the Town Board does hereby appoint Tia Denenberg as its designated hearing officer pursuant to Section 75(2) of the Civil Service Law to hold a hearing on the charges and specifications set forth in the Notice of Discipline (attached) which were presented by Town Supervisor Michael Griffin against Richard Maher and dated September 12, 2012; and

Be it further resolved, that Tia Denenberg is to make a record of such hearing which shall, with her written recommendations, be referred to this Town Board for review and decision; and,

Be it further resolved that the Hearing Officer, Tia Denenberg, be paid her usual and customary fee for services rendered in this matter.

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

QUAIL RIDGE SPECIAL IMPROVEMENT DISTRICT – RESOLUTION

Mr. Griffin introduced the following Resolution for Town Board’s Order for Public Hearing on Construction of Quail Ridge Street Improvement in the Town of Patterson:

R-0912-13

WHEREAS, pursuant to Town Law Section 200, the owners of real property constituting a majority of the frontage fronting or abutting upon either side of Danand Lane, Phillard Road and Phillard Court (hereinafter the Quail Ridge Subdivision Roads), private roads in the Town of Patterson which are used for access to the premises of said owners, have petitioned the Town Board of the Town of Patterson to improve said street by construction and paving of such private road and other necessary improvements, and

WHEREAS, the Town Board of the Town of Patterson duly adopted on the 12^rd day of September, 2012 an order reciting in general terms the filing of said petition, the improvements proposed, the maximum amount to be expended and the area benefitted as stated in Schedule "A" attached hereto, and specifying that said Town Board shall meet at the Town Hall, 1142 Route 311, Patterson, New York on the 26^th day of September, 2012 at 7:30 p.m., to consider said petition and hear all persons interested in the subject matter thereof, concerning the same, and

WHEREAS, the Town Engineer has prepared an estimate to improve the roadway to minimum structural and drainage standards, and

WHEREAS, the improvements to the Quail Ridge Subdivision Roads identified by the Town Engineer include, but are not limited to repair and replacement of asphalt pavement, installation of signs, and maintenance of drainage structures, and

WHEREAS, a survey showing the proposed right-of-way being at least three rods in width and showing the lines and grades thereof and including a profile of the grade has been prepared and filed in the Office of the Town Clerks, and

WHEREAS, the maximum amount proposed to be spent for said improvements is $150,000.00, and

WHEREAS, pursuant to Town Law Section 202(2), the expense of said improvements shall be borne by local assessment upon the aforementioned lots and parcels of land especially benefitted by the improvements and the Town Board will allocate the cost of said improvements among the benefitted properties in accordance with Section 202(2) of the Town Law, and

WHEREAS, subsequent to completion of said improvements it is proposed to accept said road for dedication to the Town by the property owners; and

WHEREAS, a public hearing was duly held on the 26^th day of September 2012 at 7:30 p.m. at Town Hall for the Town of Patterson at 1142 Route 311, Patterson, Putnam County, New York for the formation of a street improvement district pursuant to Town Law Section 200, and

WHEREAS, the Town Clerk published the Notice of Public Hearing at least once in the official newspaper of the Town , the first publication being not less than ten nor more than twenty days before the date of the aforementioned hearing, and posted a copy of the Notice of Public Hearing on the sign board of the Town maintained pursuant to Section 30 subdivision six of the Town Law of the State of New York, and

WHEREAS, the Town Planner posted a copy of the Notice of Public Hearing in at least five public places along the private road know as Quaker Manor Lane no less than ten nor more than twenty days before the date of the aforementioned hearing and

WHEREAS the Town Engineer has prepare definite plans and specifications and made a careful estimate of the cost of such work; and

WHEREAS, the Town Engineer has been notified by the Highway Superintendent that the Town Highway Department will execute the work and that the Highway Superintendent has examined the plans and specifications already prepared and they are satisfactory to him and that the Town Engineer's estimate of the work is sufficient to do the work; and therefore, the Town Engineer has not prepared a proposed contract for the execution of the work; and

WHEREAS, the Town Board has had the opportunity to examine such plans, specifications and estimate prepared by the Town Engineer and to make such modifications and changes as it deems necessary and desirable;

NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Patterson hereby determines it is the public interest to establish the Quail Ridge Improvement District in accordance with the plans, specifications and estimate prepared by the Town Engineer subject to the Town's, and the Quail Ridge Homeowners Association's agreement on the following;

A license agreement to allow the decorative walls to remain in the road right of way.
A license agreement for the parking area at the end of Phillard Road assigning maintenance of the area to the Quail Ridge Homeowners Association.
Execution of easements for the utilities that will be located in the road right-of-way including water lines and sewer lines and fire tanks.
Completion of a title report acceptable to the Town Attorney.

BE IT FURTHER RESOLVED that the Quail Ridge Improvement District is hereby established and that the area benefitted shall consist of the parcels identified by Tax Map Number as shown on Attachment "A", and

BE IT FURTHER RESOLVED that the estimated cost to each property owner shall be on a benefit basis with an annual cost to the typical single family residence of $416.67.

BE IT FURTHER RESOLVED that the Town Board of the Town of Patterson determines it is in the public interest to make the road improvement provided for in the plans and specifications prepared by the Town engineer and hereby authorizes the Highway Superintendent to acquire so much land as may be necessary to lay out such highway and to take and complete, if necessary, any condemnation proceedings necessary; and

BE IT FURTHER RESOLVED that the Highway Superintendent is hereby authorized to make the improvements shown on the plans and specifications; and

BE IT FURTHER RESOLVED that upon completion of the improvement as shown on the plans and in the specifications and its dedication to the town by the property owners, Quail Ridge Subdivision Roads, as so improved shall be maintained as a public highway under the applicable provisions of law.

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

Mr. Griffin made a motion to add one item to his agenda and it has to do with a Change Order for the roof at the Recreation Center.

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

Mr. Griffin introduced the following Resolution for Approval of Change Order No. 1 to Contract for Recreation Center Roof Replacement; this changes the amount of the contract to $63,076.00:

R-0912-14

WHEREAS, the Town Board of the Town of Patterson by Resolution R-0912-05 duly accepted the bid of Top Hammer Construction Corp. for the replacement of the west roof on the Patterson Recreation Center for the amount of $57,326.00; and

WHEREAS, the Town and Top Hammer Construction Corp. entered into a contract for the Project dated September 19, 2012; and

WHEREAS, Top Hammer Construction Corp. has submitted a Change Order pursuant to the Contract, namely Change Order No. 1 providing for the performance of additional work under the Contract for an addition to the Contract Sum of $5,750.00, a full and complete copy of said change Order No. 1 being annexed hereto; and

WHEREAS, the Town Board of the Town of Patterson wishes to accept the proposed Change Order No. 1 as submitted;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves Change Order No. 1 as submitted;

Seconded by Mr. Cook. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.

GINNY NACERINO

ADOPTION OF LOCAL LAW – VETERANS MEMORIAL PARK DISTRICT

Mrs. Nacerino introduced the following Resolution Local Law No. 7 - Veterans Memorial Park District:

R-0912-15

WHEREAS, an amendment to Patterson Town Code Chapter 115, entitled "Parks", has been introduced before the Town Board of the Town of Patterson, as Local Law I-7 of 2012, and

WHEREAS, a public hearing was held on September 26, 2012, upon notice duly published and posted, and

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

WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 115, entitled "Parks", which amendment will provide for the establishment of the Veterans Memorial Park Advisory Board and provide standards for the use of certain parklands within the Town of Patterson, and

WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the amendments to Chapter 115, Parks as well as other supporting documentation for the project,

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

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

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

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

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

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

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

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

AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 115 entitled "Parks" in the form and manner as provided below, which amendment will provide for the establishment of the Veterans Memorial Park Advisory Board and provide standards for the use of certain parklands within the Town of Patterson, and

BE IT FURTHER RESOLVED, that Introductory Local Law I-7 of 2012 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 7 of 2012 of the Town of Patterson, and

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

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

MUNICIPAL SHELTER INSPECTION REPORT-DL-90

Mrs. Nacerino stated we received a notice for the annual inspection for the Municipal Shelter Inspection Report from the NYS Department of Agriculture and Markets for our Dog Control and Animal Control. We received a stellar report and I would like to offer accolades to Alan Jacknick who always does a superb job in keeping our standards so high. Year after year we get great reports.

PAB REQUEST(S)

Mrs. Nacerino made a motion to approve John Penny Construction to renovate the Caretaker’s kitchen. Brian Burdick received four quotes with Penny Construction being the lowest including cabinets for an amount not to exceed $5,124.54.

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

RECREATION REQUEST(S)

Mrs. Nacerino made a motion to approve the request of Matt Chibbaro, Recreation Director to hire Michelle Ederer as the Cheerleading Director at a pay rate of $35.00 per hour. Also he is requesting to hire two Cheerleading Assistants at a rate of $9.00 per hour.

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

JUSTICE COURT COPIER

Mrs. Nacerino made a motion to approve the request by the Justice Court for a new copier/scanner and fax machine in the amount not to exceed $1,351.63.

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

KEVIN BURNS

ADOPTION OF LOCAL LAW – PUTNAM LAKE PARK DISTRICT

Mr. Burns introduced the following Resolution of Adoption Local Law No. 8 of 2012 – Putnam Lake Park District:

R-0912-16

WHEREAS, an amendment to Patterson Town Code Chapter 116, entitled “Putnam Lake Park District”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-8 of 2012, and

WHEREAS, a public hearing was held on September 26, 2012, upon notice duly published and posted, and

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

WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 116, entitled “Putnam Lake Park District”", which amendment will add Chapter 116 to the Patterson Town Code to provide for the operation of the Putnam Lake Park District and the various rules and regulations applicable to the use of lands and improvements within said District, and

WHEREAS, the Town Board of the Town of Patterson has reviewed the Environmental Assessment Form submitted for the “Putnam Lake Park District” local law, as well as other supporting documentation for the project,

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

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

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

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

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

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

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

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

AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 116, entitled “Putnam Lake Park District” in the form and manner as provided below, which amendment will add Chapter 116 to the Patterson Town Code to provide for the operation of the Putnam Lake Park District and the various rules and regulations applicable to the use of lands and improvements within said District.;, and

BE IT FURTHER RESOLVED, that Introductory Local Law I-8 of 2012 of the Town of Patterson is hereby enacted by the Town Board of the Town of Patterson as Local Law 8 of 2012 of the Town of Patterson, and

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

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

Mrs. Nacerino stated with the adoption of this Local Law comes a very big change for the residents of Putnam Lake and I think it shouldn’t go unnoticed that the PLCC spent over 70 years working for the benefit of the people of the community. They worked hard, I know Chris Lawlor was out there last Sunday still working on the docks. There were so many people who were committed, passionate and love what they did that really sustained the community for so long. Their deeds and actions should really be commended.

MEN’S ROOM CEILING REPAIRS – AWARD BID

Mr. Burns made a motion to approve repair of the men’s room ceiling for an amount not to exceed $750.00 Andrew Estate Services.

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

CONFERENCE REQUEST(S)

Mr. Burn made a motion to approve four conference requests.

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

Mr. Burns stated there is a 5^th conference request that we received for a representative from the Justice Court to attend a conference sponsored by the New York Association of Town’s for Court Clerks. Basically we would allow that person to attend but on a modified basis by staying there Monday night and coming home on Tuesday. The amount originally submitted was for $927.00 but that included an additional two night’s stay. We only see the need for a one night stay and we would pay $436.00 of the $491.00 cost, which would be consistent with our policy, which is to pay 75% of the cost.

Mr. Griffin stated there is a grey area in there on the reimbursement factor that we will need to work out.

Mr. Burns made a motion to approve the conference request as modified to include only one night of training and to approve 75% of non-essential training.

Mr. Griffin stated we need to clarify the code. Does it include lodging or not. It doesn’t really specify. In the Personnel Policy it simply says 75% and you can’t charge the employee and make him take a 25% cut on mileage. Until we really address it and clear it up I would be comfortable in supporting the $491.00 which is the conference fee of $50.00, the hotel for one night at approximately $180.00, the meal allowance for two days would be $130.00, mileage is $121.00, tolls come to about $10.00 and the total would be $491.00.

Mr. Burns amended his motion to approve the conference request for one night for training for a total amount of $491.00 to include all the above.

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

SICK BANK AUTHORIZATION

Mr. Burns made a motion to approve the offers to transfer sick bank time consistent with our policy as the employees submitted.

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

Mr. Cook stated I would like to compliment those employees who willing transferred time to an individual who could use it and who is out with an injury.

Mr. Griffin stated he had surgery and he is doing just fine.

BUDGET TRANSFER(S)

Mr. Burns made a motion to approve Budget Transfer No. 40 through 48.

Budget Transfer No. 40

Increase: A.2801.001 Interfund Revenues $30,000.00

Revenue Account

Increase: A.1420.440 Special Counsel $30,000.00

Expense Account - Contractual

Budget Transfer No. 41

From: A.1910.400 Unallocated Insurance ($1,062.00)

A.9030.800 Social Security ($1,500.00)

To: A.9040.800 Workers Compensation

Insurance $2,562.00

Expense Account – Contractual

Budget Transfer No. 42

From: DA.9060.800 Hospital & Medical Insurance ($5,949.00)

DA.9040.800 Workers Compensation Insurance $5,949.00

Expense Account - Contractual

Budget Transfer No. 43

From: RP.1910.400 Vehicle & Liability Insurance ($956.00)

RP.8160.200 Equipment & Capital Outlay ($2,000.00)

RP.9060.800 Hospital & Medical Insurance ($1,900.00)

To: RP.9040.800 Workers Compensation Insurance $4,856.00

Expense Account - Contractual

Budget Transfer No. 44

From: SP.9010.800 State Retirement ($93.00)

To: SP.9040.800 Workers Compensation Insurance $93.00

Expense Account - Contractual

Budget Transfer No. 45

From: A.1990.400 Contingency Account ($3,598.00)

To: A.1989.400 Other Contractual $3,598.00

Expense Account - Contractual

Budget Transfer No. 46

From: GWTP.8130.400 Sewer Treatment Contractual ($1,500.00)

To: GWTP.8130.405 Sewer Treatment Service Contracts $1,500.00

Expense Account - Contractual

Budget Transfer No. 47

Increase: H.0902 Fund Balance Designated Cap

Project $27,608.93

Increase: H.8989.014 Special Services WWTP

Construction $27,608.93

Expense Account - Contractual

Budget Transfer No. 48

Increase: H.0902 Fund Balance Designated Cap

Project $92,018.00

Increase: H.1620.200 Buildings - TH Equipment &

Cap Outlay $28,518.00

Increase: H.1623.200 Recreation Center - Equipment &

Cap Outlay $63,500.00

Expense Account - Contractual

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

OTHER BUSINESS

Mr. Cook made a motion to schedule a Work Session on October 10, 2012 at 6:30 p.m. and asked the Town Clerk, Antoinette Kopeck to advertise for this meeting.

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

Mr. Griffin stated I would like to mention to everyone that the Dormitory Authority Grant for $100,000.00 secured by Senator Ball for the Town of Patterson for the Recreation Center is money in the bank. It only took a year but it was well worth waiting for. Joe would you pass on our appreciation to the Senator and thank him for all his hard work. Rich thank you for all your hard work and continuing to stay on top of that.

MRS. NACERINO’S read her Environmental Tip.

PUBLIC RECOGNITION

Ms. Adrianne Kavelle stated I miss all of this, this was just great and I can’t wait to come back to every meeting. I want to thank all of the people of Patterson. They are wonderful and we had a marvelous book sale. We were able to find homes for more than 9,000 books. We charged one dollar for a hardcover and .50 for a soft cover. You can imagine how many people attend, it was just great. I wanted to recognize some of the people that helped us. We partnered with Peterson’s Nursery, they gave us the land on which to put the tent that Cartwright and Daughter’s gave us. The Town of Patterson, of course is always helpful. Sacred Heart Church, Patterson Baptist Church, Patterson and Putnam Lake Fire Departments, the Recreation Center and the Highway Department. Also, the Sheriff who was able to send us a couple of nice strong inmates who helped us take everything down and package everything up. There are certain people who really, really helped in this Town with the library at all times. Michael Sherman and Joan Graham who are not here, Maryann O’Connor who I could never be without, Dede Lifgrin who is marvelous and Judy Pitura, I want to thank all of you. Thank you.

ADJOURNMENT

There being no further business, Mr. Burns made a motion to adjourn the Town Board meeting at 9:50 p.m.

Seconded by Mr. Cook. All in favor: Aye. Carried.

Respectfully Submitted,

__________________________

Antoinette Kopeck, Town Clerk