PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

October 12, 2011

MINUTES


PRESENT: MICHAEL GRIFFIN, SUPERVISOR

KEVIN BURNS, COUNCILMAN

JOSEPH CAPASSO, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

EDMOND O’CONNOR, DEPUTY SUPERVISOR

ANTOINETTE KOPECK, TOWN CLERK

JAY HOGAN, TOWN COUNSEL


Salute to the Flag and Roll Call.


Supervisor Griffin called the Patterson Town Board meeting to order at 7:40 p.m. with 30 in attendance.


PUBLIC HEARING – PRELIMINARY BUDGET


SEE PUBLIC HEARING MINUTES


REPORTS


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


Code Compliance - None

Code Enforcement - September

Dog Control Officer - September

E.C.I. - September

Putnam Lake Fire Dept. - None

Patterson Fire Dept.-None


SUPERVISOR REPORTS


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


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


MINUTES


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


Bid Opening Minutes - Snow Removal - October 6, 2011

Town Board Meeting Minutes - August 10, 2011

Town Board Meeting Minutes - September 7, 2011

Town Board Meeting Minutes - September 21, 2011


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


AUDIT OF BILLS


Mrs. Nacerino made a motion to accept the Abstract No. 19 as written:


General Fund $89,715.85, Highway Fund $42,682.64, Waste Water Treatment Plant $123,816.03, Capital Fund $780.00, Patterson Light District $33.45, Putnam Lake Refuse District #1 $20,454.55, Patterson Refuse District #2 $41,954.15, Deerwood Drainage District $17.44, Patterson Park District $1,427.87, Alpine Water District $1,018.90, Dorset Hollow Water District $333.28, Fox Run Water District $3,762.06, Trust & Agency $2,203.00, Grand Total Abstract $328,199.22.


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


EDMOND O’CONNOR


PUTNAM LAKE PARK DISTRICT – FOLLOW-UP DISCUSSION


Mr. O’Connor stated the Park District petition is in two parts. One has to have 51% of the signatures of the residents and the other part is 51% of the assessed valuation. We have the report on the signatures. There were a total of 1,023 collected. Of those, 831 were verified as being legitimate, 45 were legitimate but not official residents of the Town of Patterson and there were another 147 signatures that were not verified because of duplicates or other reasons. If our legal staff says that the ones that are listed as vacant land owners are counted that is 85.63, even removing that 45 it would appear to meet the requirement of 51% of signatures of people of Putnam Lake. The second part of the 51% is the assessed valuation of the people of Putnam Lake. We are still having some questions on that. I believe our assessing staff is here tonight and we will have to discuss with our Attorney what these definitions mean. I spoke with the Assessor’s Assistant who suggested having a meeting to discuss her questions.


Mr. Hogan stated we can sit down and have a meeting.


PUTNAM LAKE BULK PICK-UP – SATURDAY, OCTOBER 22


Mr. O’Connor stated the Putnam Lake Bulk Pick-up is Saturday October 22, rain or shine. Place items at curbside no later than Friday evening. No construction, hazardous materials, oil based paint, yard waste or regular household garbage.


GOLDEN AGE SENIORS’ REQUEST – TRIP APPROVAL


Mr. O’Connor made a motion to approve the request of the Golden Age Seniors’ $670.00 for Coach Tours for a trip to the Westchester Theater on October 27, 2011 to be taken out of their existing budget.


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


RCA ASPHALT LLC – ESTABLISH SITE RESTORATION BOND


Mr. O’Connor introduced the following Resolution for Establishment of a Site Restoration Bond and Inspection Fee for the RCA Asphalt, LLC Site Plan:


R-1011-01


WHEREAS, RCA Asphalt, LLC is lessee of land at 1084 Route 311 identified as Tax Map No.3.-1-74, and


WHEREAS, the Planning Board of Town of Patterson has received an Application for site plan approval from RCA Asphalt, LLC in order to construct various improvements on the lot, as shown on a final site plan, entitled RCA Asphalt, LLC Site Plan, dated June 21, 2011; last revised August 16, 2011 ; and


WHEREAS, a motion was made and carried by the Patterson Planning Board at its October 6, 2011 meeting recommending that the Town Board of the Town of Patterson find that the cost of a bond, sufficient to cover restoration of the site should the developer fail to complete the site improvements, be established in the amount of $5,690.00, and


WHEREAS, a motion was made and carried by the Patterson Planning Board recommending that the Town Board of the Town of Patterson find that, based on the full cost for completing the site improvements, that an inspection fee of $2,698.50 be established.


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


NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby establishes the amount of the performance bond sufficient to cover restoration of the site should the developer fail to complete the site improvements for the RCA Asphalt, LLC Site Plan, pursuant to the Town Code of the Town of Patterson as $5,690.00, with an inspection fee of $2,698.50, and


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


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


TAX RECEIVER OFFICE COMPUTER


Mr. O’Connor made a motion to approve the purchase of a new computer for the Tax Receiver’s office in the amount of $1,575.00 and a monitor for $185.00 for a total not to exceed $1,760.00.


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


GINNY NACERINO


PAB REQUEST(S)


Bathrooms


Mrs. Nacerino stated I received a memo from Cari Weizenecker regarding renovating the bathrooms at the Maple Avenue Veterans Park. While I applaud the Park Advisory Board for having vision, I don’t know and I seek my colleagues input on this, whether or not we as a Town Board could actually expend monies outside the Park District for the architect.


Mr. O’Connor stated how much would an architect be.


Mrs. Nacerino stated I don’t know what those fees would be.


Mr. Williams, Town Planner stated the answer is no. The architect would be paid for with District Funds.


Mrs. Nacerino stated that is my concern.


Mr. Williams stated the recommendation Mike and I passed on to Cari was that she should solicit proposals from architects for performing the work and then if the Town Board felt the work was appropriate they could then choose amongst the architects.


Mrs. Nacerino stated I agree with you. We will have to sit down with her to explain that. We cannot expend money outside the District for any capital projects, including an architect. I will convey that back to Cari.


Ms. Brooks stated currently in 2012 they do have budgeted about $28,000.00 for the bathroom renovations. Any architectural fees will come off of that. I believe that Ms. Weizenecker wants the Town Board to solicit the architect.


Mr. Williams stated it still needs some clarification from Cari. I will set something up with her and Mike.


Maple Syrup


Mrs. Nacerino stated the PAB was contacted by Brian Hart regarding the Maple Syrup Program for Mathew Paterson Elementary School third grade classes.


Mr. Griffin stated as long as he understands that we are not going to take any responsibility and he has to work with Rick Saracelli on the placement of the tubing so that it isn’t in the trails.


Mrs. Nacerino made a motion to move forward on this and give him permission to continue with the Maple Sugaring Program as he has done in the past contingent on those specifications.


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


RECREATION REQUEST(S)


Mrs. Nacerino made a motion to approve YBA Shirts for a total of $990.45 for 93 shirts which was the lower of the two quotes.


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


Mrs. Nacerino made a motion to approve a variety of sweat shirts, “T” shirts and various clothing with Steve Dinucci for an amount not to exceed $711.00. Two quotes were received, this being the lesser of the two.


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


KEVIN BURNS


TIME OFF AND CONFERENCE REQUEST(S)


Mr. Burns made a motion to approve one time off request and two conference requests.


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


BUDGET TRANSFER(S)


Mr. Burns made a motion to approve Budget Request No. 36, 37 and 38 as follows:


Budget Request No. 36


Increase: A.2006.408 Recreation Center – Sports Programs $7,000.00

A.2006.436 Recreation Center – Youth Programs $7,540.00

Revenue Accounts


Increase: A.7146.108 Recreation Programs PS – Sports $4,700.00

A.7146.136 Recreation Programs PS – Youth $5,300.00

A.9010.800 State Retirement $1,860.00

A.9030.800 Social Security $ 625.00

A.9035.800 Medicare $ 145.00

A.9040.800 Worker’s Compensation $ 800.00

Expense Accounts


Decrease: A.0599 Appropriated Fund Balance $(1,110.00)

Fund Balance Account


Budget Request No. 37


From: SP.7110.200 Park – Equipment & Capital Outlay $(2,500.00)


To: SP.7110.400 Park – Contractual $ 2,500.00


Budget Request No. 38


From: RP.9040.800 Refuse – Workers Compensation $ (10.00)


To: RP.9055.800 Refuse – Disability Insurance $ 10.00


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


GARDENS AT CLOVER LAKE 111 LLC – TAX CERTIORARI


Mr. Burns introduced the following Resolution for Settlement of Tax Certiorari Proceeding

in the Matter of the Application of Gardens at Clover Lake III, LLC, Petitioner, v. the Assessor and the Board of Assessment Review of the Town of Patterson and the Town of Patterson, Respondents Supreme Court, State of New York, County of Putnam Index Nos. 10-2057 (Tax Year 2010/2011) and 11-1730 (Tax Year 2011/2012):


R-1011-02


WHEREAS, the above described matter is currently pending before the Supreme Court of

the State of New York, County of Putnam, affecting premises situated in the Town of Patterson New York shown and designated on the Patterson Tax Map as Map 23, Block 2, Lot 9.2; and


WHEREAS, a proposed settlement of said matter has been negotiated by and among the

Assessor of the Town of Patterson, the Patterson Town Attorney and Counsel to Petitioner, and the Town Assessor has recommend acceptance and approval of the proposed settlement, the terms of which are set forth in a proposed Stipulation of Settlement and a proposed Order in the form presented to the Patterson Town Board at its meeting of even date herewith, full and complete copies of which are annexed to this resolution; and


WHEREAS, the Town Board believes that the proposed settlement as negotiated is in the

best interest of the Town of Patterson;


NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the settlement of the above described matter in accordance with the proposed Stipulation of Settlement and proposed Order in the form annexed hereto; and


BE IT FURTHER RESOLVED, that John J. Hogan of the Firm of Hogan & Rossi, the Patterson

Town Attorney, or any other member of said Firm, is hereby authorized and directed to sign, on

behalf of the Town of Patterson, said Stipulation and Order in the forms annexed hereto or, if

hereinafter modified or amended, in such form as may be deemed satisfactory to the Town Attorney.


Seconded by Mr. O’Connor.


Mr. Bruce Major stated before you vote, could you tell us what the adjustment was on their assessment.


Mr. Burns stated I can’t but I think we have it.


Mr. Major stated I would hope you would vote if you only knew the numbers.


Mr. Burns stated it was approved by the Assessor’s Office.


Mr. Major stated I would still like to know the numbers.


Mr. Hogan stated it was a matter that was litigated since 2010. The original assessed valuation in 2010 was $909,000.00 and was reduced to $700,000.00. The assessment in 2011 went from $864,000.00 to $700,000.00. If you want a copy of this settlement and order, I can give you one.


Mr. Major stated no, I’m just interested in the dollar amounts. What is the payback to Clover Lake.


Mr. Hogan stated the Assessor would have to speak to that.


Mr. Christopher Boryk, Town Assessor stated this isn’t Clover Lake it is the vacant land that is next to it. Maybe $3,000.00 or $4,000.00 is the refund.


Mr. Major stated you are going from what assessment.


Mr. Boryk stated from $909,000.00 to $700,000.00 for a change of $209,600.00 and $864,100.00 to $700,000.00 for $164,100.00, so round numbers is $4,500.00.


Mr. Major stated great, thank you.


Mr. Tim Murphy stated I am very ignorant about this whole Clover Lake thing. I am interested in the dollar amount either that we are refunding to them or what Bruce Major stated that we will have to make up the difference.


Mr. Burns stated there are two Clover Lake tax certioraris. There is Clover Lake the building which everyone knows is an assisted living facility off of Fair Street. This is a vacant property that is adjacent to it. It has nothing to do with the memo Bruce speaks to.


Mr. Murphy stated what I heard from the Assessor is $4,500.00 that we will have to make up. We assessed them too much.


Mr. O’Connor stated whenever there is a certiorari claim made that you have over taxed anyone, if it is settled in the favor of the plaintiff you have to pay back the amount.


Mr. Murphy stated the Town is going to give them money or knock off a partial assessment.


Mr. O’Connor stated either one or the other, whichever one works out.


Mr. Murphy stated so the total amount is $4,500.00.


Mr. O’Connor stated yes.


Mr. Murphy stated thank you.


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


Mr. Griffin stated I will recuse myself since my mother is a resident.


PUTNAM COUNTY NATIONAL SAVINGS BANK – RELEASE OF SITE RESTORATION BOND


Mr. Burns introduced the following Resolution for the Release of a Site Restoration Bond for the Putnam County National Bank Site Plan:


R-1011-03


WHEREAS, the Putnam County National Bank owns land at 5 Front Street identified as Tax Map No.3.20.-1-55, and


WHEREAS, on November 1, 2005 the Planning Board did grant final site plan approval to the above-mentioned site plan, upon condition that a performance bond be posted in the amount of $61,000.00.


WHEREAS, on October 19, 2006 the Town of Patterson received from the Putnam County National Bank Check No. 71376 in the amount of $61,000.00 as a performance bond for completion of the above-mentioned project.; and


WHEREAS, no improvements towards the property in furtherance of the site plan approval have been commenced, and


WHEREAS, the Mr. Wayne Ryder, as owner of the property has indicated that he wishes to abandon the site plan approval and has requested release of the performance bond held by the Town of Patterson, and


WHEREAS, at a meeting held on October 7, 2011 a motion was made and carried by the Patterson Planning Board recommending that the Town Board of the Town of Patterson release the performance bond for the Putnam County National Bank Site Plan in the amount of $61,000.00, and.


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


NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby releases the performance bond for the Putnam County National Bank Site Plan in the amount of $61,000..00, and


BE IT FURTHER RESOLVED, that the Town Clerk and the Town Comptroller return to the Owner such fund as heretofore identified.


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


COMMUNITY SURVEY – ANNOUNCEMENT


Mr. Burns stated the Community Survey has arrived. It probably arrived at your house about two weeks ago. I spoke to Rich Williams and about 127 people have filled it out and sent it back. It is critical to get the feedback from the residents of the Town regarding what they want to see Patterson look like in ten years. It did prove very important to look at the Master Plan. We used it effectively in addressing some issues that we were all familiar with regarding the race track. If you can take 10 minutes out of your day, please get the survey back to us. It is something we do only once every ten years.


JOSEPH CAPASSO


NO AGENDA


MICHAEL GRIFFIN


HIGHWAY DEPARTMENT WOOD STOVE – FOLLOW-UP/APPROVAL


Mr. Griffin introduced the following Resolution for Purchase of Replacement Woodmaster 6500 Wood Stove for Town Highway Garage:


R-1011-04


WHEREAS, the Town Board of the Town of Patterson has received a Memorandum

dated October 11, 2011 from the Acting Town Highway Superintendent (the

“Superintendent”) recommending the purchase of a replacement wood stove for use in

The Town Highway Garage, namely a Woodmaster 6500 model as more

fully-described in said Memorandum; and


WHEREAS, the Superintendent has obtained three (3) quotations for said wood stove ranging from a high of $14,995.00 and a low of $14,495.00, and


WHEREAS, the Acting Highway Superintendent has recommended the purchase of the wood stove from Alternative Heating & Supplies (“Alternative”) as also described in said Memorandum for a total of $14,495.00 plus $1,150.00 for shipping charges for a grand total of $15,645.00;


NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the recommendation of the Acting Highway Superintendent as set forth in his October 11, 2011 Memorandum herein above referred to and the purchase of a replacement Woodmaster 6500 wood stove from Alternative is hereby approved; and


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

authorizes the Supervisor and\or the Acting Highway Superintendent to execute any and all documents necessary to give effect to this resolution.


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


EAST OF HUDSON BENEFIT CORPORATION – FAD COMMENTS


Mr. Griffin stated does anyone have any additional comments.


Mr. O’Connor stated so far so good.


Mr. Griffin stated we do have a series of comments and they probably have already been submitted. I just want the Board to be aware of them and that we are working on it.


NAWCA GRANT WOLGAST PROPERTY – CHANGE OF DEED


Mr. Griffin stated we worked with Friends of the Great Swamp and they preserved a great deal of land in the swamp. Much of which has been turned over to the State and they pay taxes on it which is a good thing. Originally we worked with the Nature Conservancy to acquire property on the east side of the railroad tracks across from Mathew Paterson Elementary School.


Friends of the Great Swamp applied for and received a NAWCA grant to protect lands located within the Great Swamp. The grant required a match of either money, land or staff time. Apparently a portion of the land match was the Wolgast property owned by the Town of Patterson. We were contacted by Dr. Jim Utter of the Friends of the Great Swamp and requested that the attached language be added to the deed for the property. This language was being required by US Fish and Wildlife for lands involved in NAWCA grants. Adding this language will require the approval of the Town Board at the next Town Board meeting and refilling for the deeds of the property.


Mr. Griffin stated Counselor have you had a chance to look at this language.


Mr. Hogan stated I have the deeds with me.


Mr. Griffin stated are you satisfied that the language is of no real concern or effect on the properties.


Mr. Hogan stated no, we are good to go. I have the confirmation deed.


Mr. Griffin made a motion that we approve the language requested by the Friends of the Great Swamp.


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


2012 TOWN BOARD MEETING SCHEDULE – DISCUSSION/ADOPTION


Mr. Griffin stated any questions on the schedule.


Mr. Burns stated last year we met as a Board and had a work session following the proposal of the Tentative Budget. I found it awkward this year having no work session and having to individually discuss the budget with Trish. I really think this Board would benefit from a work session somewhere.


Mrs. Nacerino stated absolutely. I agree with you wholeheartedly. Next year we will have two new Board members on the Board.


Mr. Griffin stated let’s table this.


Mr. Burns stated I would propose doing a work session on October 3, 2012.


Ms. Brooks stated usually the week before the Budget hearing we like to have it out to the people so they have time to look at it. This year we had it out on the Thursday before the hearing. So you want a week before that. I think that is when I met with everyone.


Mr. Griffin stated we will table this and discuss it.


PUTNAM COUNTY BICENTENNIAL CELEBRATION – DISCUSSION


Mr. Griffin stated we have a letter from Putnam County and they are delighted to announce the celebration of its Bicentennial in the year 2012. We would like to invite you to participate. They want the Town to do a chapter in their book. I met with Ron Taylor and they want it by December 15, 2011. Ron will talk to the Historical Society and see what they can come up with. If anyone has any good ideas for the Bicentennial please feel free to let us know what they are.


EMPLOYEE MEDICAL INSURANCE – DISCUSSION


Mr. Griffin stated as a lot of you know, including the employees there has been some suggestions made as to revamping how we provide medical insurance to the employees. There was some savings involved which is why we decided to look at it. However, there are some major decisions that the Town Board needs to make if we are going to proceed forward. One is how much of the premium is the Town prepared to pay and how much of the co-pay is the Town prepared to pay. We also received correspondence from the employees with some serious concerns. As a Board do we want to come up with a time and a place to meet with the employees and Marshall and Sterling.


Mrs. Nacerino stated I would like to have a special meeting were the Town Board could meet with the employees and also with Marshall and Sterling to address their concerns. We are looking at the insurance change from a fiscal standpoint. It costs a lot of money but by no shape or form do we want to compromise the plan for the employees. We do recognize that as well. If it’s not an apples to apples plan, it’s just not going to be feasible.


Town Board members set the meeting for Monday, October 24, 2011 at 3:30 p.m.


Mrs. Nacerino stated Sue can you do a memo advising all the employees.


Mr. Griffin stated I would like to bring up one more subject. I had a meeting today with Jerry Cartwright, Rich Williams and myself to talk about the possible purchase of the Benfield building. The Cartwright family does tents and catering and they want to buy the building so they can wash, maintain their equipment, promote their catering business and possibly a bridal shop. They have tent washers which would be inside the building. They would hang the tents out to dry in the back of the building. They already agreed that they would hang nothing higher than the roof line of the building so they wouldn’t be visible. Nothing would be washed or handled out in the front yard. They need the sewer extension. We spent a great deal of time and money getting the approvals for the sewer extension. We have all the approvals at this point, we just don’t have the funding to build it. We are working with the Cartwright’s who said he would be willing to fund all or part, depending on the price. He would like some tax abatement to recoup his costs over a period of time. I told him I would bring this to the Town Board. I know it’s off the cuff. If you want some time to think about it, that’s fine. Please give it some thought.


Mr. Burns stated what is Benfield’s position toward making a contribution given that they want to sell the building.


Mr. Griffin stated Benfield stated other than signing the easement they have no interest because they want out. The Town’s estimate for the extension is somewhere around $120,000.00 to $130,000.00. We are hoping the private sector could do it cheaper because of the process we have to follow. Mr. Cartwright is in the process of getting prices. They want to open a retail shop and employee 18 to 20 people from the Town. We have another meeting on the 27th. Any questions you have I will get you an answer as quick as possible.


Mr. O’Connor stated Benfield would be foolish not to make a slight contribution. Three and a half years that building has been sitting empty.


Mr. Major stated you indicated that he is considering undertaking the costs of either a portion or all of it, is that just for his section or also for the library.


Mr. Griffin stated the library would tie in but we would probably be asking the library for some sort of a contribution as well. The library’s portion is simple.


Mr. Major stated but the pump station is on the Benfield property.


Mr. Griffin stated yes.


Mr. Major stated although the library section is basically piping, they still need that pump station.


Mr. Griffin stated yes. There would have to be a consideration from the library as well as an annual fee for usage.


Mr. Capasso stated is there a well on that property they are going to be pumping from.


Mr. Griffin stated yes.


Mr. Capasso stated and that is going to be adequate for the washing they are going to be doing.


Mr. Griffin stated as far as I know, from what they told me.


Mr. Capasso stated how are we going to tax them for their sewer.


Mr. Griffin stated based on flows. We estimated about $7,800.00 a year, give or take.

If we have to fund it, costs would go back to them and the library as well as the usage fee. If we can find a way to make it work, great, otherwise I don’t know if he is financially able to pull this project off without some consideration. He needs to put some money into the building.


Mr. Capasso stated I had a similar problem in Florida. They made me pay for it and they didn’t want to hear anything. It cost me $25,000.00 for an impact fee and $80,000.00 for a pump station.


Mr. Griffin stated I hope the Town of Patterson will be a little more cooperative.


Mr. Capasso stated I don’t think the taxpayers should be paying for it. It’s a business, let them fund it themselves.


Mr. Griffin stated the only concern I have is the building will sit that way for many more years.


Mrs. Nacerino stated I’ve dealt with them through the Brewster Schools. They are a very reputable company and I would be receptive to hearing more about this project. In these tough economic times it’s not like they are beating the door down to put something on that property. It’s few and far between when the next suitable person or business might come along so we really need to take a hard look at this.


Mr. Griffin stated would you like me to invite him to the next Town Board meeting.


Mrs. Nacerino stated sure.


Mr. Griffin stated Ryder put his property up for sale. If anyone is interested in moving to the Hamlet of Patterson, the property is now available. The sewer connection is available. There are about 40 parking spaces dedicated to that block on the street.


OTHER BUSINESS


Mrs. Nacerino stated I would like to recognize our recycling program that has been put into place in Garbage District No. 2. I would like to thank Frank Farrell and all the employees that work down there who worked so hard to implement this program. It is working out beautifully. We have had such positive feedback from so many residents.


Mr. Griffin stated we are getting $18.00 per ton for recyclables and we are paying about $92.00 per ton for tipping. We brought in $2,500.00 for September which doesn’t sound like a lot but if you think about how many tons would have went in to a landfill at $92.00 it is a huge turnaround.


PUBLIC RECOGNITION


Mr. Bruce Major stated about three weeks ago I submitted a letter asking what is the status of the tax certiorari for Clover Lake Living Center. Ginny do you have any idea.


Mrs. Nacerino stated I do not know at this point in time.


Mr. Major stated I know Tim Curtiss is the Attorney of record and that is why I was curious and that is why I sent in my request.


Mr. Hogan stated it is one of those matters that we did not retain. Tim kept it.


Mr. Griffin stated I think there is a number that has been agreed on. There was a reduction of around $9,000,000.00. I would have to check with Chris. Donna do you have an answer.


Ms. Donna DiPippo, Data Collector stated I am not sure of the status of that.


Mr. Griffin stated I’m not sure of the status of that either.


Mr. Major stated how old is that tax certiorari. When was it originally filed.


Ms. DiPippo stated I would have to look it up. I don’t have any paperwork with me. I’d be happy to provide it to you.


Mr. Major stated I will stop by tomorrow. Thank you. Back in April you received a letter from our County Legislature indicating once the Health Department worked out the septic clean out program she would come here and do a presentation and explain to us how the program is going. I know the Health Department has finally approved its form, they have done instructions or training sessions for the haulers. There is no information on the website for the public. It might be helpful to invite her back to do a presentation. Clearly we have a large community in Patterson which is going to have the greatest negative impact from that program in the County.


Mr. O’Connor stated you believe they have a new form compared to the one we looked at last time.


Mr. Major stated they now say they have an official form, whatever that means. There was no mention on the agenda of the Ethics Board. This evening I will submit to the Town Clerk a letter requesting an ethics investigation. I will provide that to her at the end of the meeting.


Mr. Tim Murphy stated I called the Public Service Commissioner and they were not extremely helpful. They took my complaint and gave me a complaint number and forwarded it over to the Executive Branch of NYSEG. He called me back within the hour and we were going around with semantics. The power was restored three days after Hurricane Irene. After three days you are no longer in restoration mode, you are in a preventative mode. What they did was they gave me back my power and then two days later Nelson came through and decimated all the trees on Old Route 22. Bad tree removal, the telephone company had to come out and replace 700 feet of wire because they chewed it up with their chainsaw, but they dropped the trees and left them there. They were deciduous trees which then died and now they have brown leaves and we have a fire hazard. The whole thing boarders on what they consider to be preventative and restorative of the nature of their work. On the positive side our own Highway Department with the whole crew that we have to pay for came by and took all the refuse out of Old Route 22. That was a lot of work. I want to congratulate the Highway Department. Thank you.


Mr. Griffin stated Russ or Margaux if you have some time could you figure out how many man hours went into cleaning that up, I would appreciate it. We can make a formal complaint even though it wouldn’t go anywhere.




ADJOURNMENT


There being no further business, Mr. O’Connor made a motion to adjourn the meeting at 8:45 p.m.


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


Respectfully submitted,




___________________________________

ANTOINETTE KOPECK, TOWN CLERK