PATTERSON TOWN BOARD MEETING
PATTERSON TOWN HALL
1142 ROUTE 311
PATTERSON, NEW YORK 12563
October 24, 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 27 in attendance.
Mr. Griffin stated we are going to deviate from the agenda a little. The girl scouts are here tonight regarding the Wings of Silver Project and we will move this up to the first item.
WINGS OF SILVER PROJECT RECOGNITION
Mrs. Nacerino stated tonight I would like to introduce three very special young ladies who are among Patterson’s finest. These three young ladies are Marisa Stefano, Jessica Block and Eliza Fisher. They have been engaged in their cadet girl scout Wings of Silver Project whereby they created a butterfly garden on West Street. I attended their ribbon cutting ceremony which was held on October 8th. These young ladies worked very long and hard on this project. It is a pleasure to have young women of this caliber in Patterson who has devoted so many hours towards community service and towards the betterment of our quality of life here in Patterson. I would also like to extend a thank you to Rick Saracelli who was also instrumental in helping these young girls.
I would like to introduce Jessica Block who is eager to speak.
Ms. Jessica Block stated what we did was the Silver Award which is the highest award that a cadet girl scout can get. A cadet girl scout is basically in the age range from about 10 to 14. What we had to do was put 50 hours of work into whatever community project we wanted to do. This project was to improve our environment and community so we chose a garden because it would make the Town healthier.
Ms. Marissa Stefano stated as Jess said we had to do 50 hours and we had to plan and get all the work done. We can have help but we all have to put in the 50 hours. As you can see from the pictures it does take a lot of work and a long time to have a successful garden and make it prosper in the environment.
Ms. Eliza Fisher stated the project has to be one that is sustainable so that we don’t have to be around to maintain it all the time. We established a garden that would eventually take care of itself after a year of hard work. Right now we have a large gap in our garden and that is because we are getting a donation of a lot of plants and we will plant them later in the year.
Mrs. Nacerino stated on behalf of the Patterson Town Board I would like to present these young girls with a Certificate of Achievement for your efforts and for improving our life here in Patterson. We thank you for our time and efforts. This is a wonderful project.
ORPS EXCELLENCE IN EQUITY AWARD PRESENTATION
Mr. Griffin stated for as many years as I can count, the Office of Real Property Services has recognized the Town of Patterson’s Assessor for Excellence in Equity Award.
Mr. John Petrino stated Supervisor Griffin and members of the Town Board I am here tonight to present the 2012 Excellence in Equity Award to the Town of Patterson and Assessor Christopher Boryk. The Excellence in Equity Award has been presented to the Town of Patterson every year for the last 12 years. This is one of the Town’s that is out there doing what we in the state are advocating that all towns everywhere do, assess at 100 percent and maintain equity. The name of the award has the name equity in it. Equity is when everyone in the Town is paying their fair share of the property tax, no more or no less. That can only be done when the Assessor does a good job in maintaining the role and when the Town supports him and continues to maintain that role. Chris and the Town of Patterson congratulations again.
Mr. Christopher Boryk stated I would love to say that this is all for me and my office but obviously the Town Board gives us the funds to maintain our assessment role and provides excellent staff and training. It is a team effort and I appreciate the support I get from the Town Board. I’m accepting it but it is a team effort and I appreciate you.
Mr. Griffin stated congratulations, you have done such a good job we are farming you out to Pawling.
AUDIT OF BILLS
Mrs. Nacerino made a motion to accept Abstract No. 19 as written:
General Fund $39,456.64, Highway Fund $31,008.78, Waste Water Treatment Plant $2,310.92, Putnam Lake Light District $1,533.73, Patterson Light District $1,750.32, Putnam Lake Refuse District #1 $20,454.55, Patterson Refuse District #2 $886.57, Deerwood Drainage District $18.35, Patterson Park District $921.33, Alpine Water District $362.56, Dorset Hollow Water District $17.99, Fox Run Water District $1,050.99, Trust & Agency $2,465.00, Grand Total Abstract $102,237.73.
Seconded by Mr. Burns. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.
MICHAEL GRIFFIN
2013 FINAL BUDGET-DISCUSSION/ADOPTION
Mr. Griffin stated there will not be an adoption tonight. I had a meeting with Russ Goff, Highway Superintendent today and we still have some real concerns about whether we can manage our Highway Department with 12 or 13 people. One of the things that the Board needs to do is deliberate on that a little bit more. The anticipated cost to keep that 13th body is somewhere north of $110,000.00. We really need to consider that. There are a few other little items to be considered. I was hoping to get a memo out to you today about it but unfortunately so many other things came up and I did not get to it. I will bring this up for resolution at the November 14, 2012 meeting. If anyone has any input they would like to give me on the Highway Department or the other issues I would appreciate it.
2013 TOWN BOARD MEETINGS SCHEDULE – SET DATES
Mr. Griffin stated Antoinette did you have a chance to review the schedule.
Mrs. Antoinette Kopeck, Town Clerk stated yes, I did and it is okay.
Mr. Griffin stated we will post this on the website.
ESTABLISH & EXTEND THE HAMLET SEWER DISTRICT – RESOLUTION
Mr. Griffin introduced the following Town Board’s Resolution and Order Approving the Extension of the Patterson Hamlet Sanitary Sewer District in the Hamlet of Patterson:
R-1012-03
WHEREAS, the Town Board of the Town of Patterson is in the process of considering the extension of the Patterson Sanitary Sewer District in the Hamlet of Patterson, which district would service 3103-3113 Route 22 (Tax Map No.4.-l-34), and
WHEREAS, a certified copy of the Order of this Board calling for a hearing thereon, which order is dated the 26th day of September 2012, was duly and regularly published in the Putnam County' Courier on October 4, 2012, and certified copies thereof were duly posted in accordance with law, and
WHEREAS, a public hearing was held at the Patterson Town Hall, 1142 Route 311, Town of Patterson, Putnam County, New York on October 10, 2012 on, or about 7:30 p.m., at which all persons interested in this matter were heard, and
WHEREAS, the proposed action constitutes an unlisted action under 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act (SEQRA)) of the Environmental Conservation Law, and
WHEREAS, the Patterson Town Board has considered the relevant areas of environmental concern related to the expansion of the Hamlet Sewer District and on September 26, 2012 did render a determination of environmental non-significance.
WHEREAS, there are no one or two-family residential units proposed in the Patterson Hamlet Sanitary Sewer District Extension.
NOW, THEREFORE, ON MOTION OF Michael Griffin, Seconded by Ginny Nacerino, all members present voting thereon, it I hereby:
FOUND, ORDERED AND DETERMINED, by the Town Board of the Town of Patterson, that notice of the hearing was published and posted as required by law, and is otherwise sufficient; that it is in the public interest to extend the Hamlet Sanitary Sewer District; that all of the property and property owners within said proposed extension are benefitted thereby; and that all of the property and property owners benefitted are included within the limits of the proposed extension, and it is further;
ORDERED, that the sewer extension shall encompass 3103-3113 Route 22 (Tax Map No.4.-1-34), and it is further;
ORDERED that the cost of construction for the extension of the sewer lines, pump stations and other accouterments shall be borne by Martin Associates, as owner of the aforementioned property, and at no cost to the Patterson Hamlet Sanitary Sewer District, and it is further
ORDERED that there is no cost for the extension to a typical one-bedroom residential unit or to a typical two-bedroom residential unit; and it is further
ORDERED that there will be no hook-up fees payable to the District, and it is further;
ORDERED that the subject property shall be assessed an annual charge commensurate with 33.3 benefit units, which is the number of benefit units for a discharge of 10,000 gallons of sewage per day; and it is further
ORDERED that the extension is hereby approved and shall be designated as Extension Number Two to the Hamlet Sanitary Sewer District and shall be bounded and described as 3103-3113 Route 22 (Tax Map No.4.-1-34), upon the following conditions:
1. Execution of an agreement with Martin Associates for the construction of the
improvements, transfer of the same to the Patterson Hamlet Sanitary Sewer District, and such other financial considerations as are found reasonable and necessary, and it is further
ORDERED, that this Resolution shall be subject to permissive referendum pursuant to Article 7 of the Town Law of the State of New York, and that the Town Clerk is hereby authorized and directed within ten days after the adoption of this resolution to cause to be published at least once in the Putnam County Courier, a newspaper designated as the official newspaper of the Town for such publication, and posted on the sign board of the Town, a notice which will consist of this resolution in its entirety including any attachments and schedules.
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Burns, yes; Mr. Cook, yes; Mr. McCarthy, yes; Mrs. Nacerino, yes; Mr. Griffin, yes.
PLCC SETTLEMENT/EMINENT DOMAIN-RESOLUTION
Mr. Griffin stated we had a meeting on Friday with the Putnam Lake Community Council in an effort to move the process to conclusion. One of the things that came up at that meeting was the PLCC had requested that the amount for consideration for their legal fees be raised from $2,500.00 to $5,000.00. I’m not going to make any comment on it other than to say that after discussions with the Town Attorney and Town Planner it seems pretty apparent to me that Eminent Domain proceeding will probably take considerably more time and resources than we would like to commit.
Mr. Griffin introduced the following Resolution for Authorizing Payment for and/or Taking Through Eminent Domain of Property from Putnam Lake Community Council, Inc. and Providing for Public Notice and Hearing:
R-1012-04
WHEREAS, the Town of Patterson is in the process of negotiating a contract with the Putnam Lake Community Council, Inc. (the "PLCC") for the transfer of certain real and personal property owned by the PLCC in the State of New York (the "PLCC Property") to the Town consistent with the purpose and formation of the Putnam Lake Park District; and
WHEREAS, the Town Board has authorized that compensation be paid to the PLCC in the amount of $5,000.00 in consideration of the expenses and costs incurred by the PLCC in negotiating said transfer; and
WHEREAS, in the event the Town and the PLCC fail to reach an agreement regarding the transfer of PLCC Property to the Town, the Town Board will be compelled to commence proceedings to take the PLCC Property pursuant to the Eminent Domain Procedure Law (the "EDPL");
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes and approves the payment to the PLCC of the amount of $5,000.00 upon transfer of the PLCC Property to the Town, said payment to be a cost to be assessed as District charge; and
BE IT FURTHER RESOLVED, that in the event the Town and the PLCC fail to reach an agreement regarding the transfer of PLCC Property to the Town for no additional compensation, the Town Board of the Town of Patterson hereby authorizes and directs the Town Attorney to take all necessary steps to commence an eminent domain proceeding to acquire title to the PLCC Property pursuant to the EDPL, including the setting of a public hearing; and
BE IT FURTHER RESOLVED, that the Town Board will hold a public hearing outlining the purpose, location, and other pertinent information relating to the PLCC Property to be taken by the Town pursuant to the EDPL at the Town Hall, in the Town of Patterson, New York on November 2012 at 7:30 o'clock P.M., or as soon thereafter as the matter can be
heard; and
BE
IT FURTHER RESOLVED, that the Town Clerk shall publish, or cause to
be
published, a public notice of said public hearing in at least
five successive issues of the official newspaper of the Town of
Patterson and in at least five successive issues of a daily newspaper
of general circulation at least ten but no more than thirty days
prior thereto, to serve notice of the public hearing on the PLCC at
least ten but no more than thirty days prior thereto, and to post
such notice as required by law.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
HIGHWAY PERSONNEL SETTLEMENT AGREEMENT – RESOLUTION
Mr. Griffin stated we had a Highway employee who did not pass a screening test and at this point we have agreed to a resolution where we will compensate the employee $3,000.00. He will sign a Hold Harmless Agreement and we will not go through an Article 75 proceeding which would then turn into an Article 78 proceeding if the Union decided to contest our decision. We had one day of hearings and spent over $1,600.00 on the Hearing Officer and our consultant. Financial considerations being one of the primary motivators this will save us a considerable amount of time and money.
Mr. Griffin introduced the following Resolution Highway Personnel Settlement Agreement:
R-1012-05
WHEREAS, the Patterson Town Board has determined that it is in the best interests of the Town of Patterson to enter into a Settlement Agreement with Richard Maher, an employee of the Town of Patterson Highway Department (the "Employee"), regarding the terms of his resignation of employment with the Town of Patterson (the "Settlement Agreement"); and
WHEREAS, the Town of Patterson and the Employee wish to enter into a Settlement Agreement consistent with the terms set forth in the draft Agreement annexed hereto; and
WHEREAS, the Settlement Agreement shall provide that the Employee will take an unpaid leave of absence effective upon the execution of the Settlement Agreement, and resign effective the earlier of December 31, 2012 or the date upon which the Employee receives "disability retirement" from the New York State Retirement System, in exchange for the Town of Patterson's payment to the Employee of $3,000; and
WHEREAS, the Settlement Agreement shall provide for the Employee's unconditional and general release of the Town of Patterson, and his agreement to hold the Town of Patterson harmless from any claims arising from his employment or resignation;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Patterson hereby authorizes and approves the Settlement Agreement between the Town of Patterson and the Employee on the terms set forth in the Agreement annexed hereto and in a form deemed satisfactory to the Town Supervisor and the Town Attorney, 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.
GINNY NACERINO
RECREATION REQUEST(S)
Mrs. Nacerino made a motion to approve a non-bid procurement request form for T-shirts and sweat shirts. Three quotes were obtained the lowest being Steve Dinucci for an amount not to exceed $957.00.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
Mrs. Nacerino made a motion to approve Star Cheerleading uniform shirts for an amount not to exceed $250.00 from Steve Dinucci being the lowest of three quotes.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
Mrs. Nacerino made a motion to approve $9.99 for 150 football jerseys. Three quotes were obtained, YBA Shirts being the lowest for an amount not to exceed $1,498.50.
Seconded by Mr. Cook. All In Favor: Aye. Carried.
KEVIN BURNS
FEDERAL RAILROAD ADMINISTRATION – QUIET ZONE DISCUSSION
Mr. Burns read a memo from Howard Permut, Metro-North Railroad in response to the sound level of the railroad horns.
The letter states that the Town can seek to establish a quiet zone for the grade crossings through the FRA. The Town is the only party that can initiate this process. The Town would need to follow the steps set forth by the FRA’s Rule to establish a new quiet zone and the Town would be responsible for all costs associated.
Mr. Burns stated this sounds like this will not likely be a feasible solution for us because of the location since it is an unguarded crossing. We would be responsible for making safety improvements at those crossings which we think would be a very significant expense. We have acquired a decimal meter and will do some readings. We are also reaching out to the MTA’s Industrial Hygienist Safety Consultant to seek their assistance if anything else could be done.
Mr. Griffin stated I don’t know if we could consider applying for the “Quiet Zone” because we have had an accident at that crossing in the last five years. If you have had an accident it is automatically disqualified.
BUDGET TRANSFERS
Mr. Burns mad a motion to approve Budget Transfer No. 53 through 55.
Budget Transfer No. 53
From: DA.5110.400 General Repairs Contractual $(675.00)
To: DA.5130.200 Machinery Equipment and
Capital Outlay $ 675.00
Expense Account - Contractual
Budget Transfer No. 54
Increase: H.0902 Fund Balance Designated
Fund Balance Cap Project $2,911.00
Increase: H.1623.200 Recreation Center – Equip &
Cap Outlay $2,911.00
Expense Account – Equipment & Capital Outlay
Budget Transfer No. 55
From: A.1670.400 Central Print & Mail $(135.00)
Contractual
To: A.1330.400 Receiver of Taxes
Contractual $ 135.00
Expense Accounts - Contractual
Seconded by Mr. Cook. All In Favor: Aye. Carried.
THIS PAGE AMENDED NOVEMBER 6, 2013
CODE COMPLIANCE OFFICER’S MEMO – SIGNS AND PLACARDS
Mr. Burns stated I have a memo from the Code Compliance Officer requesting an amendment to our Town Code regarding posting of signs in the Town of Patterson. Signs are left up for too long and some are not taken down until the weather deteriorates to the point that they fall down. If the signs were supplied with a phone number, the responsible party could be contacted and we could have them remove them. This would include tag sale signs. Election time is the biggest problem. All political signs are supposed to be taken down by the Sunday following the election but many are never removed until I take them down. This takes many hours and sometimes days of our Town’s time and resources. He is asking that signs require phone numbers so we can call them.
Mrs. Nacerino stated the biggest culprit are political signs that are from out of Town candidates. My only concern is how would this be enforced. Even if there was a phone number on the sign and you called a candidate that is based in Yorktown or somewhere else how would they be forced to comply.
Mr. Burns stated like a notice of violation, you get 48 hours to remove them or we will issue a notice of violation.
Mrs. Nacerino stated are there any fines imposed with this.
Mr. Burns stated I guess if we rewrote the code to say that there are.
Mr. Griffin stated when does a political sign go from being a political sign to litter. We have some pretty serious fines for littering.
Mr. Chris Lawlor stated I find them all the time from everyone from the Town, the County and the State. When I walk my dog they are in the leaves and on the side of the road. You people put your signs out and you never pick them up until the weather takes them down and then you disregard it. You have to talk to your parties or whoever is in charge of this. If you want to make this a code this would be very interesting because I would dig up all kinds of signs and they would be getting all kinds of fines. If you really want to enforce this code, I would be more than happy to help you with that.
Mr. Burns stated ok.
CHARLES COOK
PUTNAM LAKE PARK ADVISORY BOARD - APPOINTMENT
Mr. Cook made a motion to approve the following individuals for the Putnam Lake Advisory Board:
Dede Lifgren – 7 year term - Chairperson (1 year term)
William Sutton – 6 year term
John Logue – 5 year term
Dru Allard – 4 year term
Duane Holze – 3 year term
We still have two openings that we are working on.
Seconded by Mr. Burns. All In Favor: Aye. Carried.
Mr. Cook stated I would suggest to the Chairperson of the Putnam Lake Advisory Board to call for a meeting as soon as possible and consider naming a secretary in keeping minutes, setting meeting dates, times and a location and I would also ask Rich Williams to continue to be the focal point for this board as we go on.
PURDY REQUEST – WAIVER OF FEES
Mr. Cook made a motion to approve the Code Enforcements request to waive the building permit fees for a deck due to certain hardships at that location.
Seconded by Mr. McCarthy. All In Favor: Aye. Carried.
Mr. Griffin stated the deck was put onto the house prior to the individual buying the house. There was no money taken in it is just money we are not going to charge. The individual is seriously ill.
ROBERT MCCARTHY
PUTNAM LAKE BULK PICK UP REMINDER
Mr. McCarthy stated Saturday, October 27, 2012 is the Bulk Pick-Up for Putnam Lake. All items must be curbside no later than Friday, October 26, 2012. The following items will not be accepted at curbside:
Construction material, driveway sealer and roofing cement pails, oil tanks and propane tanks, hazardous materials, oil based paint cans, latex paint if the paint is used up and the residue is air dried, yard waste, no regular household garbage. There are other fees for other big items. You can get the permit at the Town Hall.
COMCAST SCHOLARSHIP ANNOUNCEMENT
Mr. McCarthy stated Comcast Leaders and Achievers Scholarship Program recognizes students who thrive in and out of the classroom who serve as models for their fellow students. Our youth face many challenges today including rising education costs and that is why we award a one-time grant of $1,000.00 to use toward their pursuit toward higher education. For more information contact ISTS at 855-670-4787 or email Comcast@applyists.com.
OTHER BUSINESS
Mr. Cook stated is there anything new on the Co-op Electric Business with the County.
Mr. Griffin stated the rate was $06.3 per kilowatt. I felt it was a better rate and it is locked in for 3 years. I thought it was a good deal and I spoke to Trish about it and she agreed. I signed the contract and it has been fully executed. It has fluctuated from 5 to 8 over the last couple of years.
Mr. Cook stated the work that was done at Town Hall and the Recreation Center does it meet with our approval.
Mr. Griffin stated yes it was completed in about a week and a half. Paul Fava, Rich Williams and I inspected it and found it to be professional and exactly what was agreed upon. We have had 3 major rainstorms and the roof hasn’t leaked, so that’s good news.
Mr. Griffin stated I would like to apologize to the folks on South Street. I was remiss in putting them on my agenda for tonight and I apologize for making you sit here all this while. They would like to talk to us. Russ did us a big favor and took down the dead dying trees that were falling on people’s cars.
Mr. Brian Callahan stated thank you Russ for removing the trees, they were hazardous. Many years ago when the concept of the Recreation Center was being discussed, this was only in the discussion phase; a sketch had been drawn of the landscaping that went around the perimeter including what would be the parking lot. Some of the neighbors would love to enter into a partnership with the Town monetarily and also in a discussion phase about what kind of landscaping would be appropriate where those trees were removed. It would be a nice buffer and would fit in the fabric of a nice tree lined street. We would be willing to help with whatever finances we could.
Mr. Griffin stated Mr. Williams is a tree expert. Would you be willing to work with Mr. Williams and Mr. Callahan to work on a landscaping and screening plan for the Recreation Center.
Mr. Cook stated we should involve Ted Kozlowski.
Mr. Griffin stated I had some discussion with Rick Saracelli about it and I think there are some good suggestions. I think it would be good.
Mr. Callahan stated thank you.
Mrs. Nacerino read her Environmental Tip.
PUBLIC RECOGNITION
Ms. Marguerite Short stated the $5,000.00 the PLCC is asking for payment will that have to come out of the budget.
Mr. Griffin stated I’m afraid it will.
Ms. Shortt stated why are we leaving two places open on the Advisory Board.
Mr. Griffin stated at the time there were two people that were on the temporary board and they are also active of the PLCC Board and after conversations with the Town Attorney his position was should we need to go to Eminent Domain that would represent a conflict of interest and that would disqualify those individuals for consideration.
Ms. Shortt stated we are holding (inaudible).
Mr. Griffin stated we have two spots. The Board has not made a determination yet but the PLCC still has to agree and sign off on the settlement agreement.
Mr. Chris Lawlor stated so because these people are Board Members there is no democracy here.
Mr. Griffin stated the Town Attorneys advice to the Town Board was if we do have to go to an Eminent Domain proceeding….
Mr. Lawlor stated that wasn’t the question.
Mr. Griffin stated well I don’t know any other way to answer it.
Mr. Lawlor stated because the PLCC Board Members are not allowed to be on this Board.
Mr. Griffin stated no, until the settlement agreement is arrived at there is…….
Mr. Lawlor stated that is beside the point.
Mr. Griffin stated no it’s not, it is exactly the point. If we have to go to an Eminent Domain proceeding the Town Attorneys opinion is the two individuals that are up for consideration happen to also be active PLCC Board Members
Mr. Lawlor stated so they are not allowed on the Board.
Mr. Griffin stated if we go to Eminent Domain it would represent a conflict….
Mr. Lawlor stated if you don’t go to Eminent Domain are they allowed on the Board.
Mr. Griffin stated they could be if the Board considers it.
Mr. Lawlor stated but you are not going to do that are you.
Mr. Griffin stated I am only one vote on the Board.
Mr. Lawlor stated how does this work. My interpretation is, I’m sorry, I was a retired Board Member, and so if I wanted to be on this Board, which I wanted to, evidently I’m not allowed either. So you are not going to allow any Board Member with history of what is going on be on this Board.
Mr. Burns stated no, we had a tentative agreement to reimburse the PLCC $2,500.00 for the legal fees. Then suddenly that number went up to $5,000.00 and there was a new demand on the table. We are at the point where we were going to appoint people that were on the PLCC to a Board that on one side was advocating for more money to come out of the budget and on the other side they were going to be sitting on the Board. So we are saying that until that conflict can be resolved by either the matter is settled, so in other words once the land is transferred the conflict goes away we can appoint them but if the conflict is on-going for 9 months we don’t think that they can sit on the Board and sit on the PLCC because it is an inherent conflict of interest. We are not saying we wouldn’t appoint them, we are saying right now to appoint them there is a conflict of interest. You can’t serve two masters, you can’t sit on the PLCC Board and serve on the Putnam Lake Committee right now with the issues that are on-going the PLCC has not agreed to the settlement that has been proposed.
Mr. Lawlor stated when you took these interviews it had nothing to do with who was on where, you just took the interviews of who was interested. Now all of a sudden you are making it a conflict of interest.
Mr. Burns stated we are just saying with these two individuals who are holding seats, they had a seat on the Executive Board of the PLCC and they are looking for a seat on the Putnam Lake Committee that we are forming and the PLCC has backed out of the proposed settlement. If the settlement was a done deal we were going to transfer the land and you won’t go through Eminent Domain, here’s the $2,500.00 for your legal fees the conflict goes away and they get appointed. There has been on-going negotiations, they backed away from that settlement…..
Mr. Lawlor stated absolutely because there is nothing legalized.
Mr. Burns stated I’m just trying to explain. It’s an issue of you can’t serve two masters. You can’t be on the PLCC Executive Board and……
Mr. Lawlor stated so you can’t be in the Knights of Columbus and you can’t be a Town Supervisor.
Mr. Burns stated there is not a conflict of interest there. Tell me how there is a conflict of interest there. Here I think there was a clear conflict of interest. It was not a matter of we are not going to appoint them we are going to defer it.
Mr. Lawlor stated how is it a conflict of interest.
Mr. Burns stated because on the one hand you are advocating for the interest of the PLCC and on the other hand you are serving on a Board whose funds are going to be depleted because they are negotiating to have more of those funds go to pay attorney fees. So I do think it is an inherent conflict of interest.
Ms. Laura DeMartino stated I am wondering how can the laws be brought to a vote if the attorney fees were raised. This is coming out of our money now, our tax dollars and it seems like you are blindsiding us by just giving them more money, carte blanche, no explanation to us in why they need it.
Mr. Burns stated when I say it is coming out of the tax dollars it’s coming out of the budget that is being allocated.
Ms. DeMartino stated which is our money.
Mr. Burns stated but it is not something that is subject to referendum.
Ms. DeMartino stated what reason do they give you for needing more money.
Mr. Burns stated I wasn’t at the meeting, but my understanding is the attorney fees…..
Ms. DeMartino stated did you see their bills. Have bills been submitted to prove the fees went up. Shouldn’t that be looked at and reviewed.
Mr. Burns stated I believe they are being reviewed.
Mr. Liguori stated their counsel contact our office and represented to us that their legal fees were roughly $8,500.00 which were more significant than they anticipated and they incurred those fees to understand the conversion process from PLCC to a Park District. That information was brought to the Board. We explained to the Town Board and we spoke to the Supervisor and various Town Board members about what the particular options were in refuting the increasing cost and moving the project forward. One of the methods to move it forward was to go through Eminent Domain. That is the process where the Town would actually take the property of the PLCC as opposed to just negotiating with them. That cost is exponentially higher than the additional $2,500.00. We got to $5,000.00 but the starting point was, my understanding was at $8,500.00. When you compared the cost of going to Eminent Domain versus agreeing to pay the $5,000.00, it was much easier to agree to the $5,000.00. No doubt, no one wants to spend an extra dime on either side of the table.
Ms. DeMartino stated I understand the PLCC has roughly $37,000.00 in their budget. What are they going to do with that in January. Are they keeping that or is it going back to our taxpayer’s. Nothing has been resolved here. It seems to me that we are not anything. We are not park and PLCC is hanging in there, what are we, where are we going, what is happening January 1.
Mr. Cook stated you have to ask the PLCC about their money issues.
Mr. Burns stated which is inherently why there is a conflict of interest here. If you are serving on the PLCC Board and looking to get more money out…..
Ms. DeMartino stated there are other people who have applied for this position not just the two people that are on the Board. Have you considered them and why haven’t any of them been appointed. Why are we just with 4 people instead of 6. It seems to me you are just stalling and not really going forward.
Mr. Griffin stated 5.
Mr. Burns stated the onset of this was to include some PLCC members on the Board because there was experience running the lake and the people who we identified as potential candidates for Board members we thought would be a good mix with the existing Board that it would be a mix of people who were in the lake who had some past PLCC experience and we were comfortable with that but then when this conflict came out we put on the brakes. It may well come to the fact that this matter doesn’t get settled we may appoint two other people who are not PLCC members to that Board.
Ms. DeMartino stated seems to me we are not moving forward and I feel the Town Board has not served the people that signed the petition.
Mrs. Nacerino stated we have, we appointed 5 five tonight Laura that will be able to hit the ground running.
Ms. DeMartino stated I hope.
Ms. Marguerite Shortt stated I didn’t mean to open such a big can of worms. I agree it is a conflict of interest but I also think someone else should be considered because if we have people who do favor or are leaning to one side as opposed to the other perhaps we have to have everyone who fully supports the Park District, especially in the initial birth of it. We need people who want it to succeed and go forward and prosper rather than people who are supporting two masters.
Mr. Burns stated another potential way I see, I don’t know if the Board will agree with this, would be for those individuals to resign from the PLCC Board immediately.
Mr. Lawlor stated what if you are not on the Board.
Mr. Burns stated what is the question.
Mr. Lawlor stated what if you are not on the Board and you apply for this position.
Mr. Burns stated I am talking about the two individuals we were considering for appointment.
Mr. Lawlor stated whatever, you are going to appoint whoever you want.
Mr. Burns stated ok, you are entitled to your opinion Chris, we did our due diligence.
Mr. Lawlor stated you guys are going to do whatever you want to do anyway.
Mr. Griffin stated essentially that is correct. We live in a representative form of government, these are your representatives. It fell to us when other matters couldn’t be resolved and now it is up to us to make the decision and we are going to do that.
ADJOURNMENT
There being no further business, Mr. Burns made a motion to adjourn the Town Board meeting at 8:20 p.m.
Seconded by Mr. Cook. All in favor: Aye. Carried.
Respectfully Submitted,
__________________________
Antoinette Kopeck, Town Clerk