1142 ROUTE 311
PATTERSON, NY 12563
MINUTES
PRESENT: MICHAEL
JOSEPH CAPASSO, COUNCILMAN
ERNEST KASSAY, COUNCILMAN
GINNY NACERINO, DEPUTY SUPERVISOR
ANTOINETTE KOPECK, TOWN CLERK
TIMOTHY CURTISS, TOWN COUNSEL
Salute to the Flag and Roll Call.
Supervisor
REPORTS
Mr. Griffin made a motion to file the reports as read.
Code Compliance Officer – None
Code Enforcement Officer - November
Dog Control Officer - November
E.C.I. – October and November
Patterson Fire Department – None
SUPERVISOR REPORT
None
MINUTES
Mr. Kassay made a motion to approve the following minutes:
Public Hearing Preliminary Budget Minutes –
Town Board Meeting Minutes –
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
AUDIT OF BILLS
Mrs. Nacerino made a motion to approve the following bills chargeable to 2008:
General Fund $237,773.57, Highway Fund Item 1- General Repairs $5,424.86, Highway Fund Item 3 - Machinery $8,718.25, Highway Fund Item 4 - Miscellaneous $2,508.83, Highway Fund Item 4 – Snow $2,887.10, Highway Fund – Employee Benefits $106,660.10, Waste Water Treatment Plant $18,531.57, Capital Fund $483,113.24, Putnam Lake Light District $1,246.00, Patterson Light District $1,674.33, Patterson Refuse District #2 $66,923.38, Patterson Park District $782.07, Alpine Water District $412.79, Dorset Hollow Water District $150.00, Fox Run Water District $6,297.71, Grand Total Abstract $943,103.80.
Seconded by Mr. Kassay. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
PATTERSON TOWN BOARD
GINNY NACERINO
Mrs. Nacerino stated I wanted to share with everyone tonight
some of the holiday festivities. I would
like to thank the many people who volunteered.
Mr. Capasso was instrumental in realizing our goal to enhance the Town
of
Mr. O’Connor stated the Highway Department made a float of Santa’s workshop. If you haven’t seen it you should go take a look at it. They did a fine job creating it.
TURNYANSZKI E-MAIL
Mrs. Nacerino stated we received an email from Michael Turnyanszki and I will read it into the record:
Mike,
When do you and the Town Council intend on undertaking a full study of all the benefits provided to Town Employees and Council Members with the intent of gaining cost savings to the Town and have all the employees and Council Members contribute to their benefits.
Mrs. Nacerino stated in reply to that email Mr. Griffin did send a reply email back to Mr. Turnyanszki that Bruce Major has suggested and volunteered an independent committee to do a study on this. He would like to make use of this idea and have a group of outside individuals and a few employees work on this problem. I thought this was pertinent to bring up in light of the Budget meeting when we did cut the in-lieu of, however I have always felt very strongly that in addition to cutting the in-lieu of we do need to have a comprehensive plan that would offset medical benefits and balance throughout all employees. I know Mr. O’Connor has mentioned this for years and my reluctance had always been that we didn’t have a comprehensive outlook on how to offset benefits. Yes, the in-lieu of has cut the savings for this year, however fiscally speaking we don’t know that if in years to come it will actually be a cost savings until we do a complete analysis. I applaud Bruce Major for stepping up to the plate and volunteering to do this study for us, however I don’t think that we should arrogate our responsibility as Town Board Members and I feel that we should participate as well. Mr. O’Connor I would like to know if you would like to sit in on a committee with me to do some comprehensive study in the next year along with Mr. Major and anyone else on this Board who would like to be part of the committee.
Mr. Griffin stated two members of the Board are about it because otherwise they have to be legally advertised meetings. If you and Mr. O’Connor want to do it that’s fine.
Mrs. Nacerino stated that is fine. If we want to get a selective committee together that would certainly be acceptable. We will begin this in January 2009.
CONFERENCE REQUEST FORM
Mrs. Nacerino stated I have devised a conference request form. I think it is important that we document our conferences. The procedure that we have in place now is that a letter is sent to the Board requesting to go to a conference and money be allocated to do so. I think it is a cleaner and more precise way to do things so that the Board can see the
PATTERSON TOWN BOARD
rationale for the conference and the monies that will be incurred, including meals, mileage, lodging or whatever the case may be. This will give us an estimate of conference expenses and when they return there is a column where they could fill in the actual conference expenses so we will know exactly what monies are being encumbered for what conference and when. It also gives the Board a good opportunity to really be careful on what conferences we do approve and in this economy it is important that we approve conferences that are only pertinent to and necessary to ones job. I would like the Board to review this and give me your input at the next Town Board meeting and we can finalize this.
Mr. Griffin stated I will make sure Ms. Patricia Brooks; Town Comptroller gets a copy of this as well.
NUISANCE LAW REVIEW
Mrs. Nacerino stated we have in draft form a Nuisance
Law. There were some chronic nuisance problems
on
Mr. Griffin stated Mr. Williams was this sent over to Peter Reibold to be posted on the website.
Mrs. Nacerino stated it is only in draft form right now.
Mr. Griffin stated I understand that but it would be a lot easier for people to review it before the Public Hearing if we could get it up on the website and make sure it is marked draft.
Mr. Williams stated if that is what everyone wants.
Mr. Griffin stated it would be better than making a bunch of copies. Everyone can go to the website at their own convenience. Is that acceptable to the Board to send it to Peter and have him post it.
Board Members all agreed.
ENGINEER-DISCUSSION
Mrs. Nacerino stated the Board has had many conversations about our present Town Engineer and we have incurred excessive costs throughout the year. I think we have discussed on an informal basis the possibility of looking at different proposals with different engineers in 2009. Obliviously it is December 10 and we have not taken any affirmative action towards doing that and I would like to know what the Board wants to do.
Mr. Capasso stated I have contacted a couple of engineering firms and they are putting proposals together. I have one that came in today and I will have one over the weekend. Probably by the next Board meeting I will have some proposals. I don’t know how we have done it in the past but this is something I think we need to look at very much. Our engineering costs are extremely high for this Town, which I don’t understand.
PATTERSON TOWN BOARD
Mrs. Nacerino stated we all felt that way and that was one
of our major concerns. I don’t know if
we will have our Town Engineer in place come
Mr. Bruce Major stated should there be a formal RFP going out to advertise.
Mrs. Nacerino stated that is the purpose of me putting this on this agenda tonight because we haven’t taken any action to do so and I would like to see that happen. I would like to know the opinion of the rest of the Board.
Mr. Griffin stated I agree with Mr. Major. If we are going to advertise for a new engineer you want to compare apples to apples so now the question comes back to who is going to draft the RFP and how quickly can we circulate it. It is not something you are going to do in three weeks.
Mrs. Nacerino stated no, that is the purpose of putting it on the agenda tonight. We informally discussed this but we did not take any formal action. In light of the excessive cost and trying to be as frugal as we can in 2009, I think that it would behoove us not to do an RFP and to get some apples to apples comparisons for next year. Who would prepare the RFP. I think this is quite necessary because we can’t keep having these escalating engineering costs.
Mr. Griffin stated we will talk internally about that. We will get some cost analysis from the Town Comptroller as to what we spent with the Town Engineer’s and what was reimbursable and what wasn’t.
Mrs. Nacerino stated that would all be taken into consideration when we do make that decision for 2009.
Mr. Griffin stated it is a critical part of the decision. If you look at what the engineer’s are reimbursed for, versus special construction, capital projects they bill us for, general engineering costs for the Town Board, Planning Board, Site Walks and Highway Department, I don’t think those numbers are all that staggering. There are two sides to every budget. There is the expense side and the revenue side. A lot of the professional plan review with a few exceptions, which we are going to talk about tonight, most of that money is recouped.
Mrs. Nacerino stated in this economy we need to do our homework and be able to conclude that the engineer we have is the most economical and doing the best job for us.
Mr. Capasso stated I have been looking at the engineering bills myself and Stantec so far has gotten $300,000.00 to date from this Town. Yes, some of it is recouped from the applicant but if we have an in-house engineer, which I tried to propose, I think we would make money and not cost the Town money. We would make that $300,000.00.
Mr. Griffin stated a lot of the money that was paid to the Town Engineer was for the sewer plant and work on the Court House, so whatever engineer we are paying someone is going to collect that pay. Whether we need to pay salary and benefits or we pay as a consultant.
Mr. Capasso stated an in-house engineer could cost us maybe $100,000.00 to $120,000.00.
Mr. Griffin stated we have to look at the scope.
Mr. Capasso stated and that is not the only engineering firm we are paying. There are three or four other engineering firms that have received money from this Town. Face it, we spend a lot of money on engineering.
PATTERSON TOWN BOARD
Mrs. Nacerino stated yes we did.
Mr. Griffin stated keep in mind that an in-house engineer is going to be one dimensional. It would be a Civil Engineer. There are times we would need Structural Engineers, HVAC, Electrical and Mechanical and there are times we are going to have to bring in other engineers. We have to think this through.
CARRY OVER REQUESTS
Mr. O’Connor made a motion that all nine carry-over requests for vacation time be approved.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
PARTNERS IN SAFETY CONTRACT
Mr. O’Connor introduced the following Resolution or Renewal of Agreement with Partners in Safety, Inc. for the Year 2009:
R-1208-01
WHEREAS, PARTNERS IN SAFTEY, INC. has submitted the attached Drug and Alcohol Testing Agreement for renewal, which is to be entered into between PARTNERS IN SAFETY, INC. and THE TOWN OF PATTERSON for the period commencing January 1, 2009 and terminating on December 31, 2009; and
WHEREAS, the Town Board of the Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the
Town of
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Drug and Alcohol Testing Agreement and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
ZBA REQUEST FOR SPECIAL COUNSEL
Mr. O’Connor stated the Zoning Board of Appeal’s received an
application for a Special Use Permit concerning
Mr. Griffin stated the Planning Board has Special Counsel and it would make sense to use the same one.
Mr. O’Connor made a motion to retain Mr. Mangione, Esquire to be not only the attorney for this matter for the Planning Board but also for the Zoning Board of Appeals.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
CONDITO E-MAIL – SETTLEMENT
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. O’Connor stated we received a letter from Mr. Condito regarding the ending of his project for Burdick Farms. He was forced to sell and he used the proceeds of the sale to pay off some of the debts owed by Vista Development. He is requesting that instead of us proceeding against Vista or himself for monies that he owes us for fees, he would like to make an offer of $5,000.00 that he very rightly calls a token offer, as well as to give the Town the full rights to the above mentioned property in exchange for the Town not to chase him personally for the debt. Was Vista Corporation disbanded.
Mr. Timothy Curtiss, Town Attorney stated it has not been
disbanded but his representation has no assets.
That email was in response to an affidavit of confession of judgment
that we sent Mr. Condito in September or October for the balance of the escrow
fees, which he acknowledged at time he was going to pay. He attempted to transfer the property which
he did on
Mr. O’Connor stated that is the reason he calls the $5,000.00 a token amount.
Ms. Pat Ploeger stated why wasn’t the property liened when we knew there was a problem.
Mr. Curtiss stated there is no legal basis for the Town to obtain a lien. We are not a mechanic or material, we did not improve "per sé" the property. We are like a regular creditor we can’t just go out prejudgment and get a lien on the property. Fortunately we did something better which is lien on the money.
Ms. Edie Keasbey stated how did this amount of money add up.
Mr. Curtiss stated these were escrow fees that were progressed as a result of the Town Engineer reviewing his plans. I don’t know how much money he spent on planning the subdivision but it was substantial. I would say $200,000.00 to $300,000.00 and normally what happens is towards the end of the project you collect all the fees when the subdivision map is filed. He got right to the very end within forty-eight hours of having to file on these extensions and he called us and said he couldn’t because of the economy he couldn’t finalize it. He assured us he was going to pay us and that was the result of the email.
Ms. Keasbey stated that was at the end. I thought the normal way of doing things was you don’t take on more review costs unless you are paid up on previous costs.
Mr. Curtiss stated that is the procedure but this one happened to be one of those rare situations that at the very end they had to do a lot of review because he had drainage easement and this easement and that easement to go through and it was all within the last thirty to sixty days.
Mr. Rich Williams, Town Planner stated in 2005 we changed to an escrow based professional plan review fee. This project was in before we made that change so it has always been bill as you go. That is where we ended up with the problem. Towards the end he just stopped paying the bill. We were in crunch time and we issued a conditional final and had no choice but to finish the review, otherwise we would have caused him to lose the subdivision and been liable for further damages.
Mr. Curtiss stated we have a statue. It is no longer pay as you go. You pay now and we bill against it and if you don’t replenish that escrow account there is no more review.
Ms. Keasbey stated what do you do about a developer who comes in and says I can’t put up that amount of money.
PATTERSON TOWN BOARD
Mr. Griffin stated we are going to discuss that a little further down on the agenda.
Mr. Curtiss stated that is on the bond. On the escrow fees they have to pay, period.
Ms. Keasbey stated good. No one should get away with that. If they can do a big project they should have big money.
Mr. O’Connor stated I am glad to hear we are intending to chase Mr. Condito.
PUTNAM
Mr. O’Connor introduced the following Resolution of Acceptance of Employment Contract Town of Patterson Agreement with the County of Putnam:
R-1208-02
WHEREAS, THE TOWN OF PATTERSON and THE COUNTY OF PUTNAM recognize a need for linkage to County agencies for residents of the Town of Patterson who are over the age of 60 years; and
WHEREAS, THE COUNTY OF PUTNAM has submitted the attached Employment-Contract-Town of Patterson Agreement, which is to be entered into between THE COUNTY OF PUTNAM and THE TOWN OF PATTERSON for the services of an outreach worker to be furnished to the TOWN OF PATTERSON by THE COUNTY OF PUTNAM in order to provide elderly residents within the geographical area of the Town of Patterson who have problems with health, finance, or are in need of government assistance with guidance and assistance in contacting and obtaining services from the proper governmental agencies and other sources; and
WHEREAS, the Town Board of the Town of
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute the attached Employment-Contract-Town of Patterson Agreement and any and all other documents necessary to give effect to this resolution.
Seconded by Mrs. Nacerino. All In Favor: Aye. Carried.
Mr. Griffin stated this is a contract with the County for $2,500.00. They provide outreach senior citizen services to the Town through the Office of the Aging.
CHANGES TO PERSONNEL POLICY
Mr. O’Connor stated there are a number of resolutions involving changes to the Personnel Policy regarding medical insurance premiums, buy-out and retirees. I think they reflect the understandings that we arrived at during the Budget Hearings and I would like the Board to go over them.
MICHAEL
SET MEETING DATES 2009
Mr. Griffin stated we have a revised schedule for meetings
for next year. The one from
PATTERSON TOWN BOARD
There were number of people who had a problem with Friday,
so I am asking the Board to accept the change to
Mr. Griffin made a motion
without objection to ask the Town Board to adopt the proposed meeting
schedule for 2009 as revised on
Seconded by Mrs. Nacerino.
All In Favor: Aye. Carried.
TRACTOR SUPPLY – BOND & FEES
Mr. Griffin stated Mr. Curtiss we seem to have a couple of issues here.
Mr. Curtiss stated yes we do. There has been an issue with some of the commercial projects within the Town. When we set the bonds for restoration and we set them at a figure, as if the entire project was completed, we would have to take it all down and restore the site to its state before the project started.
Mr. Griffin stated the bond is for the entire cost of construction which would mean that if we took the bond we would be inclined to finish the project, which were never our intentions. What a lot of builders have balked at is if the Town intends to build out the project and the answer is no we do not. A question was raised about doing a restoration bond so that the Town could go in and stabilize the site and make sure there were no environmental, safety or hazard issues and at that point that is the way the site would be left. Mr. Raveson from Tractor Supply is one of the latest individuals who have requested that the Town consider using a restoration bond methodology where the Town would estimate the cost to restore or stabilize the site. We have done that in the past and then Counsel determined that it wasn’t entirely legal because the inspection fee was based on the total dollar amount of the bond. If we went with a restoration bond of $25,000.00 to $40,000.00 on what would have normally been a $450,000.00 construction bond our inspection fees would be significantly reduced. While we are still going to need to do all of the inspections and pay the engineer to do them if we based it on restoration bond the inspection fee would only be a few thousand dollars. That was the dilemma and why we went back to the code and changed it to full value bond and now it is back up with some of the developers particularly in this economy and the difficulty borrowing money. Is there a methodology in which the Town could consider using a restoration bond methodology and ask Counsel to come up with a scenario.
Mr. Curtiss stated what Mr. Rich Williams, Town Planner and I have looked at was a restoration bond with an escrow type statue where the engineer would estimate what his inspections fees would be. If the developer agreed he would then be placed in escrow to be drawn down against by the engineer as they were doing their inspections. If it needed to be replenished we would notify the applicant and he would have to replenish the fee. Our question was do you want to make statutory change that way or do you want me to try to do a contractual agreement with developers on a case by case basis.
Mr. Griffin stated my personal opinion would be let’s do a statutory change because if we are going to do it, it should be the same for everyone or don’t do it at all. I’m assuming this would be voluntary and if they chose not to do an escrow you would have to post the full amount of the performance bond and pay the fee up front.
Mr. Curtiss stated correct. It would be their option.
Mr. O’Connor stated we are keeping the existing law in case they wish to go that way.
Mr. Curtiss stated yes because we can’t impose that statutorily but if they are willing to agree to it…..
Mr. O’Connor stated so there will be another statue in which it would be an option.
PATTERSON TOWN BOARD
Mr. Curtiss stated yes.
Mr. Griffin stated that would involve a change to the current code, which will involve drafting up a local law and public notice which you will have to read at sometime.
Mr. Curtiss stated yes.
Mr. Dave Raines, Acting Building Inspector stated you might have thought of this already. In the event that there is a misestimate of what should be held in escrow and when we get to a critical path in the project where the engineer has to come out and there is no money there, what is the remedy.
Mr. Curtiss stated the remedy would be certificate of occupancy for the building. If they have to go back out you are not going to issue the certificate of occupancy until everything is done. If we are talking about something with a site plan the Planning Board has to sign off on the site plan and they have to bring in as-built so the Planning Board doesn’t sign off on the site plan until the fees are paid.
Mr. Raines stated my only other concern would be if the Town is in a situation where the engineer just went out and we find the escrow account depleted, but yet now somebody owes the engineer money.
Mr. O’Connor stated in the unlikely event that a Candito repeats itself.
Mr. Kevin Burns stated could you remedy that by putting in a minimum replenishing amount.
Mr. Curtiss stated that is the other way you can do it.
Mr. O’Connor stated that seems like the easy way to do it.
Mr. Capasso stated who is going to monitor this.
Mr. Curtiss stated Mr. Williams does it now and I would assume he would continue because he is involved in both scheduling the inspections and the applicants are in front of him.
Mr. Capasso stated but he won’t process the inspection unless the money is there.
Mr. Williams stated I would like to follow up on Dave Raines question. If we have a project that is under construction and a developer says he won’t replenish the escrow account, how do we actually stop doing the inspections out there.
Mr. Griffin stated under the current situation what do we do when the fees run out anyway.
Mr. Williams stated it is a flat fee. If it runs out you eat it. That is why we try to make sure we have enough money to cover it.
Mr. Griffin stated that flat fee isn’t going to change. For example, with Tractor Supply his escrow is going to be $22,650.00. That is his minimum starting amount.
Mr. Williams stated his inspection fees. That is his number.
Mr. Griffin stated right. That is going to have to be agreed on by the Town and the Planning Board is going to have to make a recommendation to this Board and we will have to except that. That to me would be the minimum fee. Currently if we run out we run out. Under the new scenario we have an ability to ask for more.
PATTERSON TOWN BOARD
Mr. Williams stated I just want to make sure everyone is ok with we run out and he doesn’t replenish the project gets closed down until it gets replenished.
Mr. Griffin stated I am not saying that. What I am saying is that we would hold the certificate of occupancy.
Mr. Williams stated then we are going to do all of the inspections and get all the way to the end to the certificate of occupancy and…….
Mr. Griffin stated he is going to have to pay the fee.
Mr. O’Connor stated why can’t we just stop the inspections.
Mr. Griffin stated at the end of the day we are going to be no worse off then we are now.
Mr. Williams stated most of the inspections are to make sure that he is doing what he is supposed to be doing. Once the project starts we can’t stop.
Mr. Raines stated I think tracking is going to be critical. We are going to have to put a mechanism in to track this.
Mr. Capasso stated that is what I just said. Who is going to monitor it. Someone has to monitor it so that the money gets replaced before they do an inspection so that we are not held liable for the inspection.
Mr. Raines stated I’m not sure if the Planning Board is going to have a good handle (inaudible, Mr. Raines is speaking without the use of a microphone).
Mr. O’Connor stated my E-Z pass replenishes every month. Once it goes down they refill it.
Mrs. Nacerino stated what they are saying is at what point does it have to go back up again.
Mr. O’Connor stated you pick a number.
Mrs. Nacerino stated at what junction in the process of the project.
Mr. Capasso stated it can’t fall below twenty percent.
Mrs. Nacerino stated there seems to be a lot of loop holes with this.
Mr. Bruce Major stated Kevin Burns had a great suggestion. A minimum escrow. I think it should be higher than $2,000.00. Maybe it should be $5,000.00. If it gets down to that is has to be replenished. It is very simple. If I haven’t paid my fees you hit me with a stop work order and I can’t go forward with the project. That is going to get me to pony up the money. So you don’t have to chase people with the money.
Mr. Capasso stated you shouldn’t have to chase people.
Mrs. Nacerino stated I think that is what Mr. Williams said as well.
Ms. Edie Keasbey stated with the economy the way it is and it will probably get worse before it gets better, I would hope that what ever you do don’t let a person say because of the economy I can’t give you so much. If they can’t give you what you are due, they can’t use that as an excuse. If they can’t do it they shouldn’t be doing it in this economy.
Mr. Griffin stated every project we do now the applicant’s engineer comes up with an estimate for construction cost and a bond. It is reviewed by the Town Engineer and accepted and approved by the Planning Board and a recommendation is made to the
PATTERSON TOWN BOARD
Town Board. At no time would I ever consider supporting anything that says you are going to put less than what that would have been in the past.
Conversation continued regarding Tractor Supply with all the above parties.
WWTP-LIFT STATIONS MAINTENANCE/CHANGE ORDERS
Mr. Griffin stated I have a memo from the Town Planner:
I have been notified by Allied Pollution Control that the lift station for the Hamlet Waste Water Treatment Plant will be requiring periodic maintenance and sludge removal. Initially Allied Pollution would like to have solids and grease removed from each lift station twice a year. Stuart Bates who was awarded the bid for sludge removal from the Waste Water Treatment Plant has submitted the attached estimate for pumping out the lift stations. I would like to request the Town Board’s authorization to allow Stuart Bates to provide sludge disposal services for the Patterson Hamlet Waste Water Treatment Plant lift stations.
Mr. Griffin made a motion for the Town Attorney to amend our contract with Stuart Bates to reflect that prices for Patterson’s lift stations:
1,000 gallons for $250.00 emergency basis would be $500.00
2,000 gallons for $400.00 emergency basis $800.00
3,000 gallons for $540.00 emergency basis $2,080.00 I think, it’s a little blurry.
Could you please amend our current contract with Mr. Bates.
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Griffin stated regarding the Change Orders that we have from Laws, Counselor I think we are going to have to table this because it may involve litigation down the road.
ESTABLISH POSITION OF OFFICE MANAGER
Mr. Griffin introduced the following Resolution for Creation of Office Manager Position:
R-1208-03
WHEREAS, the Town of Patterson has requested from the Putnam County Personnel Department classification for the creation of the position of Office Manager of a department or program within the Town of Patterson; and
WHEREAS, after careful review by the Putnam County Personnel Department of the duties and responsibilities described, the Putnam County Personnel Department has recommended a competitive classification for the position of Office Manager of a department of program within the Town of Patterson with the job specifications and qualifications as attached hereto; and
WHEREAS, the Town Board of the Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby creates the competitive class position of Office manager of a department or program within the Town of Patterson with job specifications and qualifications as attached hereto; and
PATTERSON TOWN BOARD
BE IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mr. O’Connor.
Mr. Capasso stated discussion. What are the duties of the Office Manager.
Mr. Griffin stated for the
Mr. Capasso stated what offices are down there that she will be managing.
Mr. Griffin stated offices, operations and programs. We have a recommendation request from the Recreation Director that he would like to have that position created and filled.
Mrs. Nacerino stated this was the designated title after
Mr. Capasso stated does Putnam County Personnel know we only have one office down there.
Mrs. Nacerino stated it is not necessarily the office but
all the clerical work. There are a lot
of part-time staffers and that person would be the go-to person so there is
some supervisor responsibility as well as managing from a support staff
perspective at the
Mr. Griffin stated the way the process works is that the
Town of
Mr. Capasso stated I know the process, but I just didn’t understand the title.
Mr. Griffin stated this was the title given to us by Putnam County Personnel Department.
Mr. O’Connor stated we do have a letter here from Mr. Blanar saying that the individual will be responsible for all budgeting aspects, payroll, creating flyers, and any other clerical work that I may see fit and he recommends that we need the position of Office Manager to do that work.
Mr. Kassay stated I noticed in the memo that the salary would be starting at $43,000.00 including full medical benefits, vacation etc. I know we only did the interviews a week ago yesterday.
Mr. Griffin stated no that was two weeks ago.
Mr. Kassay stated I stand corrected. Two weeks ago yesterday. I didn’t know there was a candidate selected. When did that occur.
Mr. Capasso stated I have no idea.
Mr. Griffin stated kind of like what happened with the Recreation Director. We all talked amongst ourselves and voted on it. I objected at the time because I wasn’t comfortable with the process. We all discussed it the night of the interviews and I thought we all came out with a clear consensus as to whom we felt was the best candidate and we were ready to move on it. If you are uncomfortable with it please fell free to vote no.
PATTERSON TOWN BOARD
Mr. Kassay stated I thought we told the candidates that they would not be hired or appointed until the first of the year.
Mr. Griffin stated I take absolute disagreement with that. We clearly discussed with them that we would most likely be making this appointment on the tenth and that they would start work on the first of the year.
Mr. Kassay stated with the discrepancy of this I will make a motion to table this.
Mr. Griffin stated motion has been made and seconded.
Mr. Kassay stated yes and I am going to make a motion to table this as far as the Creation of the Office Manager position and the Appointment of the Office Manager position.
Seconded by Mr. Capasso.
Mr. Griffin stated can I have a Roll Call please.
Roll Call Vote: Mr. Capasso; yes….
Mr. Kassay stated is this on the table.
Mr. Griffin stated yes.
Mr. Kassay stated I didn’t think you had to vote on the motion to table.
Mr. Griffin stated you have to vote on a table.
Mr. Kassay stated Mr. Attorney.
Mr. Curtiss stated what rules do you follow. Do you follow any rules, Roberts Rules, any procedure.
Mr. Griffin stated a vote has to be by the majority of the Board.
Mr. Curtiss stated I don’t know what policy you have set in the past.
Mr. Griffin stated the policy of the Town Board in the past is State policy that the majority of the Board votes and the majority rules.
Mr. Kassay stated not on a table.
Mr. Griffin stated majority rules.
Mrs. Nacerino stated what is the purpose of tabling it.
Mr. Kassay stated because I want to talk with the Personnel Committee. I want to know how we came to the conclusion that Tracey Buckley was picked. I wasn’t aware of that.
Mr. O’Connor stated we haven’t picked Tracey Buckley.
Mr. Kassay stated well according to the recommendation that you mentioned.
Mr. O’Connor stated that is Mr. Blanar’s recommendation who sat in on the interviews.
Mr. Kassay stated does it mention a name in the resolution that we will be appointing.
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Mrs. Nacerino stated part of the responsibility of the Recreation Director is to entrust his judgment. He sat in on the interviews and his input is of great significance and I think the Office Manager Position was directed not only from a desk audit but also the person sitting in that desk giving the input to formulate what this job title would be. At this point in time I don’t see the need to procrastinate in something that is inevitable.
Mr. Kassay stated all I am saying is there was not a candidate selected to be best of my knowledge. They were told they would start work after the first of the year.
Mr. Griffin stated no they were not.
Mrs. Nacerino stated I recall they were told after the first of the year.
Mr. Griffin stated Mr. Kassay why are you stonewalling this. We have to pick a candidate in front of the public. We need to move this process forward.
Mr. Kassay stated the policy of this Board has always been if there is a motion to table with a second that would be the end of the issue until it gets brought up on the agenda at the next meeting.
Mr. Griffin stated I am chairing the meeting and that is not how it is going to work. If you want to hire a lawyer and sue the Town go ahead.
Mr. Kassay stated we have a lawyer right here.
Mr. Griffin stated Counsel does a meeting go on the majority rule of the Board or not. We have not adopted a policy.
Mr. Curtiss stated then you would have to go on majority vote. Roberts Rules would have to come back and you would have to vote on it at the next meeting. You can’t do it indefinitely.
Mr. Kassay stated we have tabled issues three and four times. All I am saying is I was not aware of the candidates.
Mr. Griffin stated you were there at the interviews.
Mr. Kassay stated are you going to mention all the candidates’ names.
Mr. Griffin stated no. I will mention the one candidate we all felt was the most qualified. We have a recommendation from the Director and I support it. If you don’t agree vote no.
Mr. Ray Blanar, Recreation Director stated basically I just want to get this over with. I have the end of the year budgeting coming up. Patricia Brooks, Town Comptroller is going out on maternity leave so there will be no head accountant. I would like to get someone in the position and let them know how things are run. We are budgeted for this position. It was under my assumption based on talking with everyone that we were all on the same page and we felt that that person was the best candidate out of everyone that we interviewed. I moved forward and made a recommendation and recommended a salary within the range that we discussed. I would like to move on this rather than beat around the bush and drag this out any longer.
Mr. Kassay stated I understand what you are saying but we need to be very careful because we have been down this road before.
Mr. Griffin stated we hired a receptionist and we interviewed her on Tuesday and hired her on Wednesday. We didn’t have one scrap of paperwork on this individual and we
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had no background check and no application no nothing. We appointed her the next night.
Mr. Kassay stated and she resigned.
Mr. Griffin stated vote no if you don’t agree. I am not accepting a table and a second as the end of this. We are going to vote on this. I am chairing this meeting. If you want to bring legal action against the Board feel free to do so.
Mr. Kassay stated I will against you.
Mr. Griffin stated roll call please.
Mr. O’Connor stated this is on the vote to table.
Mr. Griffin stated yes.
Mr. Kassay; yes, Mrs. Nacerino; no, Mr. O’Connor; no, Mr. Griffin; no. Roll Call Vote: 3 to 2.
Mr. Griffin stated motion has been made and seconded to Create the Position of Office Manager. Roll Call Vote: Mr. Capasso; no, Mr. Kassay; no, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: 3 to 2.
APPOINT OFFICE MANAGER
Mr. Griffin introduced the following Resolution for Appointment of Office Manager Position within the
Recreation Department:
R-1208-04
WHEREAS, Tracy Buckly meets the qualifications set forth in the attached job specifications as provided by the Putnam County Personnel Department for the competitive class position of Office Manager of a department or program within the Town of Patterson; and
WHEREAS, the Town of Patterson, as appointing authority, wishes to appoint Tracy Buckly as Office Manager of the Recreation Department of the Town of Patterson with the job specifications as attached hereto; and
WHEREAS, Tracy Buckly wishes to accept the appointment to
the competitive class position of Office Manager of the Recreation Department
of the Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby appoints Tracy Buckly to the competitive class position of Office Manager of the Recreation Department of the Town of Patterson with the job specifications as attached hereto; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mr. O’Connor.
Mr. Kassay made a motion to table this appointment.
Seconded by Mr. Capasso.
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Mr. Griffin stated can I have a roll call on the motion to table.
Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; no, Mr. O’Connor; no, Mr. Griffin; no. Roll Call Vote: 3 to 2.
Mr. Griffin stated motion has been made and seconded to Appoint Tracey Buckley to the Office Manager to the Recreation Department.
Roll Call Vote: Mr. Capasso; no, Mr. Kassay; no, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: 3 to 2.
Mrs. Nacerino stated I would just like to add that the entire Board did sit in on the interviews. We did conclude what we thought was the best candidates but I also would like to say that when we gave Raymond Blanar Director of Recreation title we entrust him in this position. We also entrust his judgment and that was his recommendation and I respect that decision.
Mr. Griffin stated I think that we let the
Mr. Griffin stated I have a request from Mr. Blanar:
I am writing this memo to respectfully request permission to hire the following individuals as junior staff at the rate of $7.50 per hour: Kathryn Haughney, Benny Torres, Austin Pritz, Alex Guerci, Robert Farese, Emily Seirup and Chandler Walters. I would also like to hire Justin Langlois on a per diem basis at the rate of $7.50 because he turns 18 in March. With the rapid increase in programs and special events, there is a much greater need for additional junior staff. I currently have four and two of them play winter and fall sports.
Mr. Griffin stated you did a background check on all the above. Make sure Sue gets all the paperwork.
Mr. Blanar stated yes.
Mr. Griffin made a motion to approve Mr. Raymond Blanar, Recreation Director to approve his hiring of Junior Staff.
Seconded by Mrs. Nacerino. All In Favor: Aye. Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
ESTABLISH POSITION OF DIRECTOR OF CODES ENFORCEMENT
Mr. Griffin introduced the following Resolution for Creation of Director of Codes Enforcement Position
within the Building Department:
R-1208-05
WHEREAS, the Town of Patterson has requested from the Putnam County Personnel Department classification for the creation of the position of Director of Codes Enforcement within the Building Department of the Town of Patterson; and
WHEREAS, after careful review by the Putnam County Personnel Department of the duties and responsibilities described, the Putnam County Personnel Department has recommended a competitive classification for the position of Director of Codes
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Enforcement within the Building Department of the Town of
WHEREAS, the Town Board of the Town of
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby creates the competitive class position of Codes Enforcement within the Building Department of the Town of Patterson with the job specifications and qualifications as attached hereto; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mr. O’Connor.
Mr. Kassay stated discussion. The Personnel Committee was just given a letter this evening from our acting Code Enforcement Officer that is dated today. I would like to read it into the record.
In the event that the Town Board does not move forward with the Appointment of Director of Codes Enforcement for the Patterson Building Department at the December 10, 2008 Town Board meeting, I will remain in my current part-time hourly role as the acting Code Enforcement Official for the Town of Patterson. I ask that the Personnel Committee and the Town Board as a whole continue to pursue filling this position as I pledged to assist in the transition. I concur with your concerns that none of the top candidates have the training or experience to meet the proposed position of Director of Codes Enforcement and that the current volume of construction and new permits may not necessitate a full-time Director at this time. David Raines, Code Enforcement Officer.
Mr. Kassay made a motion to table the establishment of that position and the appointing of any Director of Code Enforcement on a full-time basis.
Seconded by Mr. Capasso.
Mr. O’Connor stated Mr. Raines we had some discussion over this matter.
Mr. Raines stated I had a meeting with the Personnel Committee yesterday to discuss the candidates that were interviewed. There seems to be no concurrence in what direction the Personnel Committee was going to take. With that I drafted that memo so that if you don’t take action you will still have a Code Enforcement Officer. That is all I’m telling you.
Mr. Kassay stated in the second paragraph you state that in your opinion no one is qualified.
Mr. Raines stated based on the job description we wrote none of the top three candidates were interested in the position.
Mr. Kassay stated I appreciate your recommendation as the Department Head, like our Recreation Director’s recommendation. You opinion is no one is qualified and you would be willing to stay on as a part-time Code Enforcement Director and Fire Code.
Mr. Raines stated as long as we continue to pursue this.
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Mr. Griffin stated the County has given us a list of people
who are qualified as far as they are concerned.
There are five people on that list and two have declined the appointment. They are not going to decertify that list
anytime soon. We have three candidates
to choose from. A majority of this Board
has a consensus of who we felt most comfortable with. With regard to part-time, full-time I think
we have enough work for Director of Codes Enforcement. To say that we don’t have the need for a
full-time Code Enforcement Officer right now because of the volume of work in
the building department may be a blessing in disguise. If you are going to bring someone in who has
limited knowledge of the Town, Town Codes and Town procedures what better time
to train him then in a period when it is slow.
We have time and money to invest in the education of this individual, we
could get him up to speed on the building permits that we have, get him up to
speed on
Mr. Raines stated I agree with everything you said with the exception of the majority of the Board concurs on the candidate. I spoke to all four Board members and they don’t agree. If the Board chooses to move forward that would be great.
Mrs. Nacerino stated one other thing needs to be
addressed. While having time on our side
is an advantage to training one of the discussions that ensued last night with
Mr. Kassay, Mr. Raines and myself is that time is not of the essence to fulfill
this position. In light of the fact that
it is a slow period, I think careful consideration must be taken to the fiscal
accountability. We can be saving a lot
of tax dollars having Mr. Raines sit in as our part-time per diem Building
Inspector/Fire Codes Enforcement Officer and doing just what he is doing at
this point in time simply because things are so slow. I don’t think there are any open building
permits to build not one house in the Town of
Mr. Griffin stated Mr. Raines has a full-time job with IBM.
Mrs. Nacerino stated how is that relevant to what we are saying.
Mr.
Audience Member stated why don’t we just save some tax dollars once in awhile. I’m sure Mr. Raines will help the guy.
Mr. Griffin stated I’m sure he would if he happens to be
here. What if Mr. Raines is transferred
to
Mr. O’Connor stated I spoke with Mr. Raines without the Personnel Committee yesterday and asked him if he would be willing to stay with us and he expressed to me that he would not.
Mr. Raines stated I am here because we hired an individual who should not have had this job. I don’t know what happened in 2005 with the hiring process but I do not want that to happen again. You interviewed each candidate for twenty minutes and nobody has done anything else. It is too important to just say we have to have one tonight. If you want to
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hire him in January do it but please at least do the right thing. I worked really hard to straighten this nonsense out. Take some time talk about and figure out who the right candidate is. That is all I’m asking. I don’t want to do this another twelve months part-time, don’t mistake me.
Mr. Kassay stated I agree with you. We only interviewed for the Codes Director a week ago yesterday and I’m not sure.
Mr. Griffin stated what is it going to take to be sure Mr. Kassay.
Mr. Kassay stated there is a motion on the floor to table this and there was a second and that is where we are at.
Mr. Joe Tierney stated the Code Enforcement Officer is that position a trainee now or is it Code Enforcement.
Mr. Griffin stated anyone who takes a job is going to have a learning process to go through.
Mr. Tierney stated what is the salary.
Mr. Kassay stated it starts at $65,000.00.
Mr. Tierney stated that would be the salary from day one and he is not qualified to do a number of things.
Mr. Griffin stated we could debate what the qualifications
are or aren’t. All three individuals are
certified by the State of
Mr. Tierney stated what is the recourse if this guy doesn’t work out.
Mr. Griffin stated there is a six month probationary period and if after six months we are not comfortable with the individual we can terminate his employment. After six months you have to file Civil Service process.
Conversation continued on the above topic with all parties involved.
Mr. O’Connor stated we should establish the Position of Codes Enforcement and not table that and move on to the Appointment of Codes Enforcement and table that.
Mr. Curtiss stated you are creating a position it doesn’t mean you are filling it.
Mr. Kassay stated right, but the table was on the creation of the position so now we need to take a vote on whether or not we are not going to establish the position.
Mrs. Cheryl Smith, Administrative Assistant to Building Department stated I would like to say I hope you will take your time. Mr. Raines and I have spent a lot of time correcting that office. I have been there for a long time and spend a good part of my life in there. I don’t want to see it go down the tubes. I don’t want to fill the position just to fill the position. It may be a good idea and I don’t have any say in it, but would it be so
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terrible to introduce the candidates and have them come into the office and see what it is like. Once they see it maybe they won’t want it.
Mrs. Nacerino stated it is not uncommon to have call backs for second interviews. I think that would be a wise decision. We were teetering between one and two.
Mrs. Smith stated I wouldn’t want someone appointed to the position, and three months down the road either he decides that this isn’t for him, or I don’t like the people we work with, or whatever, and then we have to start all over again. I want it to be right.
Mr. Griffin stated I would be more than happy to have second interviews and have you meet them.
Mr. Robert Lichtenberger stated we talked about Mr. Raines’ salary, we talked about the new person be full-time maybe the question that could be posed to this new individual would be part-time for three months. This way we are not doubling up the salaries on the training. Keep Mr. Raines for three months and then after the three months the new person can become full-time and we save on the budget which is what people are asking for. There are two people on the Personnel Committee and there should be three.
Mr. Griffin stated we can’t. If you have three then every meeting has to be advertised and has to be opened to the public.
Mr. Lichtenberger stated it’s hard with two people with two different opinions; maybe the third person could make it a little easier.
Mr. Kassay stated if an employee has a problem they will request to speak with us and a lot of times that goes under Executive Session Personnel and that is a matter not open to the public.
Mr. Kassay made a motion to withdraw my motion to table the Establishing of the Director of Codes Enforcement.
Mr. Griffin stated the resolution was put forward to create the position of Director of Codes Enforcement.
Roll Call Vote: Mr. Capasso; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote: Carried.
APPOINT DIRECTOR OF CODES ENFORCEMENT
Mr. Griffin stated I am not going to bring this up.
NEW COURTHOUSE - SET DATE/DISCUSSION
Mr. Griffin stated there was a discussion at the Budget
Hearing that we were going to set a date for an informational meeting. We will set the meeting for
Judge John King stated as far as the meeting is concerned I spoke with the Supervising Judge in the Ninth Judicial District and he would be happy to come down to that meeting. Either he or the Administrative Judge will be there. That might answer a lot of questions regarding the court. I prepared a short statement so I wouldn’t skip any points.
Judge King proceeded to read his statement:
Recent media reports containing statements made by members
of the Town Council and concerned Patterson residents has prompted me to come
here tonight. I wanted you to hear first
hand the needs of the
PATTERSON TOWN BOARD
Any previous discussion or suggestions concerning this topic were based on speculation and assumptions certainly not on facts since the discussion was made by individuals who have no idea what it takes to run a court of law and who never asked either justice what we thought of an alternative plan to building a new courthouse.
In September, a meeting was called by the Town Supervisor, asking both Judges to attend. In addition to the Town Board, Town Planner, Building Inspector, Mr. Griffin, Mr. O’Connor, Mr. Raines, Mr. Williams, Judge Tricinelli and myself were present. Final plans were discussed and agreed upon as a full vote was to be taken that evening, which it was taken and passed by a unanimous vote.
It should be noted that only the necessities to run a busy court, taking into consideration certain necessary security measures were applied to this project.
I would like to tell you some facts and figures you as taxpayers should be aware of. Many new residents moved here from urban areas. Some people I talk to state they do not even lock their doors. That is a big mistake. Because those of us in the Criminal Justice system keep a watchful eye on the safety of the public, does not mean that you should be lulled into a false sense of security.
In recent survey conducted by the Putnam County Magistrate’s
Association rated our Court the third busiest in the County in caseload and
revenue. We are ranked by the Division
of Criminal Services in the top twenty percent of the busiest Courts in
I reviewed the number of arraignments I have done in the
last three years for non-scheduled court appearances. These arraignments were done on holidays,
weekends and weekdays to include arraignments after
When the Town sold the Court building to the library it was in anticipation of constructing a new Court building. I do not know how many people could have predicted that this country would be in such a financial crisis as it is.
It should be noted that the caseload of this court will not get smaller, but larger. Crimes of burglary, robbery, larceny and assault are on the increase in addition to domestic violence cases.
Some people have mentioned we should move Court business to
the Town Hall and add additional sessions to the Court. The Town Hall presently is half the seating
we now have and has no areas for Court Staff and records. The building lacks jury deliberation rooms,
rooms for attorney’s to speak with their client in a confidential setting and
is a security nightmare, which would require no less than three additional
police officers along with the Court Officer.
A shooting in Sloatsburg Criminal Court whereby the Judge and litigant
were nearly shot in a civil case and whereby shots were fired at the suspect by
police, has changed the security of all Justice Courts in
We presently are carrying in excess of one hundred criminal cases on our calendar from burglary, robbery, assault, weapons charges and numerous other felonies that may or may not remain with this Court. It should be noted that more than 80% of all felonies stay with the Local Criminal Court. In past years this Court has brought in revenues in excess of $100,000 a year to the Town.
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On December 18th, we will be having our criminal
calendar whereby presently fifty-five criminal cases will be heard by this
Judge beginning at
One more thing I wish to say in response to joining forces
with other Towns and their Courts. That
part of the Dunne Commission hearings was directed at upstate
Mr. Griffin stated does anyone have any questions for the Judge.
Mr. Robert Odell stated how many people will you have to hire for the new Courthouse.
Judge King stated none.
Mr. Odell stated one Court employee would handle the whole crowd of people walking through the metal detectors etc.
Judge King stated that may require one more Police Officer, as it stands now.
Mr. O’Connor stated would it be a Police Officer or a Court Officer.
Judge King spoke but unable to transcribe.
Mr. Griffin stated would you need that for the volume of what you have now.
Judge King stated we could use one other Police Officer now.
Mr. Odell stated actually you would need two in case a female goes through the metal detector.
Judge King stated no. Southeast is using (inaudible)
Mr. Odell stated how much does that all cost.
Judge King stated I don’t know what a Police Officer’s salary is.
Mr. O’Connor stated we wouldn’t be hiring a Police Officer.
Mr. Kassay stated that is what the informational meeting is going to be about.
Mr. Griffin stated the point I am trying to get at is you have them in a building here or you stay where you are. The existing Court House is too small and you have people in and out of the building and there is a security issue. Chances are you could use more personnel now than what you have currently.
Judge King stated definitely. If you have fifty-five cases with Attorney’s, friends and family members the amount of people could reach over one hundred people which would be controlled by one officer. I make sure no one gets hurt. If someone gets hurt inside this building, we are liable.
Mr. Kassay stated that is totally understandable. Beside the cost of what the court would cost to erect all these other factors need to come into play and we need to know what the monetary figure will be for all the things that are needed for the court.
PATTERSON TOWN BOARD
Judge King stated I would estimate that it would be an extra $7,000.00 or $8,000.00 a year.
Mrs. Nacerino stated again that isn’t dictated by the physical setting of the Court House. That is dictated by the demands that you have to have the personnel in place.
Judge King stated OCA will come in and if they don’t think it is safe they will dictate what we should have.
Mrs. Nacerino stated what I am saying is whether it is at the old Court House or at the proposed new Court House the manpower is still needed.
Judge King stated yes.
Mr. Kassay stated which would be another cost factor. It is obviously an increase.
Mr. Griffin stated but it would be a cost here or there. You are paying for insurance, heat, garbage and everything else you are paying for now you will be paying for there. Once we are out of that building we are no longer responsible for the rent, the heat, the maintenance and things that we currently contribute to. We won’t be plowing the parking lot or picking up the garbage. That was part of the agreement. Most of the cost with the current Court House will be part of the associated costs we will have for the new Court House. Because this new Court House is going to be new construction it will be more energy efficient the operating costs should probably go down. It is a bigger building but it is designed in a much more energy efficient way. The point we are trying to make is this isn’t just a fly-by-night idea that someone came up with one day. There is a clear significant need for a larger Court House with better facilities and more room for records keeping. Those are the questions and the points that I wanted you to make here tonight so everyone could understand. It is something that is absolutely necessary. Much of it is dictated by the Office of Court Administration and we are not just going out and saying let’s go build a building in the worst economic times. We started this process over two years ago. We had twenty-six votes by this Town Board over that period of time to move this process forward and there were five votes with one exception and that was a meeting that Mr. Kassay was not here for. This plan has been in the process for a long time. We recognized there was a need quite some time ago to provide a better safer facility.
Mr. Kassay stated in all fairness when this project was started over two years ago the economic times were not the way they are now. Everyone is having a hard time because taxes keep increasing. Town Officials are not helping the people out. Maybe the time has come where we can’t get anymore money from taxpayers to build a brand new Court House. We will have to come up with another plan if the Informational Meetings show how much more money it will cost for this brand new building. Every project always cost more then the estimated price. How much more money can we afford to take out of our pockets. I’m hoping the Informational Meetings with help us get all the facts out.
Ms. Atkinson, President of Patterson Library Board stated these informational meetings will hold up your procurement and bid process thus maybe pushing out your April start date for the Court House.
Mr. Kassay stated I can’t answer that question at this point. One hundred people might show up for these meetings with a hundred different questions.
Ms. Atkinson stated what I am hearing from you is that the April date that was given to us at an earlier Board Meeting is no longer going to be accurate.
Mr. Kassay stated I can’t say one way or another at this point.
PATTERSON TOWN BOARD
Mr. Williams, Town Planner stated I can answer that question. The answer is yes. The Board has asked for additional information to further evaluate the project. We haven’t spent a lot of additional money with completing the design or getting the bid process ready. You were going to let us know back in November if we were going to move forward and then we were going to prepare the bid specs and get them out in January. Since you want to take a step back and reevaluate the project to see if it is appropriate at this time, that is all been put on hold. If everyone decides to go forward we will try to pick it up as quickly as we can but we are not going to make an April start date at this point.
Mr. Kassay stated during the budget process the residents of this Town started to object to what it will cost for this new Court House. There were a lot of people who stated they couldn’t afford to pay for another Court House. The people want to have this Informational Meeting. There are questions they want to ask and they want to look at the figures and ask why we spent $600,000.00 so far.
Ms. Atkinson stated first of all the $600,000.00 was recouped by the money the Town received from the library when we purchased the building.
Mr. Capasso stated that is correct but that doesn’t mean we have to waste that money.
Ms. Atkinson stated that the other information that I
would like to impart to you is that the current lease expires
Mr. Kassay stated even if the people say to go ahead and do it, the building won’t be ready for occupancy by the end of August anyway.
Ms. Atkinson stated you sold the building a year and a half ago. It’s been dragging along.
Mr. Kassay stated we had problems and delays that were not expected.
Mr. Lieberman stated that is not the library’s problem.
Mr. Capasso stated yes it is.
Mr. Kassay stated the library is a separate entity. We are not talking about the library we are talking about the new Court House.
Ms. Atkinson stated we are talking about the impact that the new Court House building will have on the future of the library renovations.
Mr. Kassay stated what are you saying by telling us the
lease is up by
Ms. Atkinson stated I am informing you in the interest
of making sure all the information is known and that the current lease expires
on
Ms. Patti Haar, Library Director stated this lease has been in progress for sometime. In my experience ten years of preparation to get to this point with the court and the library and as you said is not something that just came up. We elect you to make all the plans, and make sure that everything is all lined up. Make sure the court is budgeted for in this next year and all the preparations are in place. My confusion with what you are saying Mr. Kassay, is this isn’t new. Certainly the public is entitled to any and all information that we ask for. I don’t understand after ten years of preparation the potential for some people to have questions is going to stop the whole process. We elected you to make sure it happens. Do you follow what I’m saying.
PATTERSON TOWN BOARD
Mr. Kassay stated yes. I don’t recall starting this project ten years ago. Economic conditions are not the way they were years ago.
Mrs. Nacerino stated in my opinion the purpose for the Informational Meetings was to maintain open and transparent government. I think we are asking questions tonight that perhaps we should have asked a very long time ago. We are already into this process. I think we are already invested into it and committed to it. I think the Informational Meetings will be able to enlighten the public to see how we are going to proceed to make sure we will proceed in an efficient and effective way.
Ms. Haar stated let me make sure I understand. There is nothing budgeted in 2009 to handle any of the court building.
Mr. Curtiss stated there is money set aside for the on going…….
Mr. Griffin stated there is also a grant for one million dollars.
Ms. Haar stated which has a deadline.
Mr. Griffin stated the money is still available, however if we don’t move soon we could lose it.
Mr. Don Ferraro, Library Vice President stated I am a little confused. I understand that the Board has met on this on several occasions and voted to move forward with the project. Now what I am hearing from you Mr. Kassay is that you feel that isn’t the case that you are not going to move forward until you hear from the public.
Mr. Kassay stated at the Budget Hearing of November 12 and
Mr. Ferraro stated I sat through all those meetings and I heard three people say that.
Mr. Kassay stated so you are saying three or four people’s opinions doesn’t matter.
Mr. Ferraro stated I am not saying that at all but you move forward and now for some reason you are slowing it up.
Mr. Kassay stated I’m not slowing it up. When that first Informational Meeting is held
on the
Mr. Ferraro stated absolutely. I’m sure there will be questions. When you sold the library to us we paid you $600,000.00 and the purpose of that was for you to eventually build a court and for us to be able to enlarge the library because we are bursting at the seams. In these economic times people use the library. That was the intent and we entered into that contract in good faith with this Board and now I hear you are changing the direction of it.
Mr. Kassay stated I am not changing the direction the economy is changing it.
Mrs. Nacerino stated I thought we already made a commitment to move the process forward.
Mr. Griffin stated I am getting such mixed messages here. I don’t see a majority will on this Board to move this process. You heard the Judge say he absolutely needs a new facility. We spoke about this at the Committee Meeting. The fact that the economy is bad right now doesn’t mean the economy is going to be bad five years from now. This building will get paid for over the next twenty-five to thirty years. The library has the
PATTERSON TOWN BOARD
right to ask us to leave after
Mrs. Nacerino stated what is the issue here. I wholeheartedly support the library.
Mr. Griffin stated so we can take this to bid.
Mrs. Nacerino stated you can take this to bid. The purpose of the Informational Meetings is to keep an awareness.
Mr. Leiberman stated you reached a point where you have no choice. The lease will expire and at this moment I can tell you that the Board of the Library is not inclined to renew the lease, which means the court has to leave the building. Then what will you do. As the Judge said the OCA will come in and build the building for you and hand you a bill, which means that this Town will become bankrupt. Either do it now or suffer the consequences.
All parties continued to discuss the Court House.
Mr. Griffin stated as long as you agree on this we don’t have to vote on anything. Tomorrow morning I will call the Architect.
Mr. Bruce Major stated I am personally offended by your
threats to this Town Board basically saying you won’t renew a lease. They have been working hard at moving
forward. Whether or not we get a court
that is another issue. We have a
situation where next year the State budget is looking at a fourteen billion
dollar deficit.
Mr. Griffin stated I didn’t take any of this as a threat. I worked with the Library Board, Patti Haar in particular for fifteen years. We have always worked in good faith with one another. The Town made promises that we were going to make every effort to move forward with this when we sold them the building. That was the first commitment we made to them. I think the only group that isn’t working in good faith right now is the Town Board. There is no doubt in my mind that come the end of August they will not be there with the Sheriff putting our things in the street. There is no doubt in my mind that we will be there until this court opens as long as we are making a good faith effort to move the process forward. Let’s wrap this up.
Mr. O’Connor stated I don’t know anymore now then I did when we started discussing the Court House. I heard all of this before.
Mr. Griffin stated I heard three Town Board members say they want to move this process forward.
PATTERSON TOWN BOARD
Mr. Williams stated the next step is for the Board to review the plans that I have given them, comment on them and see if they are acceptable. We can wrap up the design from there and go to bid or do the bid documents.
Mr. O’Connor stated I would like to go on record to move ahead with this project.
Mr. Nacerino stated I would like to echo Mr. O’Connor’s opinion.
Mr. Kassay stated I want to be fiscally responsible more so then ever in this process because the taxpayers are the ones who put me here and I will do the best I can.
ADVANCE PAYROLL
Mr. Griffin stated I received a memo from the Town
Comptroller. Since this payroll is for
the period of
Mr. Griffin made a motion
to advance payroll at the Town Comptroller’s request. Instead of paying everyone on
Seconded by Mr. Kassay. All In Favor: Aye.
BUDGET TRANSFER REQUESTS
Mr. Griffin made a motion to move all fifteen Budget Transfers from the Town Comptroller.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
JOSEPH CAPASSO
Mr. Capasso stated I would like to present a check to the Town Clerk, Antoinette Kopeck for $450.00 to pay for that Christmas tree that I planted by the 911 Memorial. I spoke with Bruce Major and I will be transplanting that tree in the spring so that I can put the memorial back the way it was. I would like to let everyone know that there is a 911 Memorial at that location and I did not know if was there either. Every year we can have a ceremony there now.
Mr. Kassay stated thank you for the check.
COURT HOUSE
Mr. Capasso stated we already discussed the Court House. I just want to say I am in favor of the Court House but I’m not in favor of the location. I’m a little leery about it being close to the railroad and the Town Hall.
Mr. Williams stated all the samples came back and the building can go there.
Mr. Capasso stated I didn’t know that. I don’t want to be surprised anymore about what is going on.
PATTERSON TOWN BOARD
SERVER
Mr. Capasso stated we have three reports on the server down
at the
Mr. Williams stated the court recently got new computers that were given to them by the State. They had to pull the hard drive so now I have two fairly decent computers with no hard drives. We can reinstall the hard drives plus their old server. I have a room full of stuff we have to talk about disposing of.
Mr. Capasso stated we can’t just dispose of computers that come from governmental agencies.
Mr. Curtiss stated if you are going to dispose them you have to take the information off of the hard drive.
Mr. Williams stated I have two computers. Do you want me to get hard drives and get them running again. I know Chris is interested in one. I think the server was a good server at the time.
Mr. Capasso stated it served its purpose. I would like to ask the Board for another $150.00 for PC Lee Computer to examine that server. Two appointments were cancelled.
Mr. O’Connor stated we are looking to pay him for appointments that did not take place.
Mr. Capasso stated if you don’t want to pay him I will pay him out of my own pocket.
Mrs. Nacerino stated I don’t think you should be paying him out of your own pocket. I think if he made appointments in good faith and they were cancelled due to reasons beyond his control or our control he should be reimbursed for his time.
Mr. Capasso made a motion to pay PC Lee an extra $150.00 on top of the $150.00 that we were already budgeted for.
Seconded by Mr. Kassay. All In Favor: Aye. Carried.
EXECUTIVE SESSION PERSONNEL
Mr. Capasso deferred his Executive Session Personnel to the end of the meeting.
ERNEST KASSAY
NO AGENDA
OTHER BUSINESS
Mr. Kassay stated are we going to ask the Town Clerk,
Antoinette Kopeck when she advertises the Town Board meeting of
Mr. Griffin stated there is that and we will be changing
venue. We will have her advertise that
meeting to be located at the
Mr. Kassay stated do you think there will be more than seventy-seven people coming.
Mr. Griffin stated I don’t know.
PATTERSON TOWN BOARD
Mrs. Nacerino stated can we do a Press Release saying that there will be an Informational Meeting. It is not a Public Hearing. I would be happy to write a Press Release.
Mrs. Kopeck stated I will do it.
Mr. Kassay stated that would be in conjunction with the
regular Board meeting.
Mr. Griffin stated we will put a notice in a Press Release
and we will change the venue of the meeting to the
Mrs. Kopeck stated are you going to have the Informational Meeting before the scheduled Town Board meeting.
Mr. Griffin stated we will do it like a presentation. It will be the first thing on the
agenda. Do we want to bring in a company
to film the meeting. Tonight everyone
was given a copy of the Video Graphic Services bid. I would like everyone to look it over and
give me their comments no later than Monday so that I can ask the Town Clerk to
put this out to the public and we can have services secured by
Mr. Griffin stated we received an update regarding a winter
storm coming our way. If it does hit be
careful. There is a possibility that we
will close Town Hall. If you are looking
for information for the Town Hall, Court or
Mr. Capasso stated is the
Mr. Griffin stated if we have a significant event and the
Mr. O’Connor stated a Town resident inquired about the number of holiday decorations in front of our Town Hall. We will be adding additional decorations to celebrate the holiday.
PUBLIC RECOGNITION
Mr. Kevin Burns stated I expressed an interest if in fact there is a vacancy on the Planning Board and I am not sure what the process was.
Mr. Griffin stated if they choose to the Board can do interviews and can ask for candidates.
Mr. Burns stated would that be an agenda item.
Mr. Griffin stated the Board would have to vote to accept applications or letters of interest and if they chose to do interviews they would have to be done at a Board meeting set up as a public meeting, but the interviews would be done in Executive Session.
Mr. Burns thanked the Board.
Mr. Odell stated Mr. O’Connor the dam at
Mr. Griffin stated that is a very good question. We are trying to work through the process.
Mr. Odell stated this is not rocket science.
PATTERSON TOWN BOARD
Mr. O’Connor stated that is what I said. The kind of world we live in we go by litigation. The theory is if we put the dirt back without an engineer saying it is the right kind of dirt the lawyer would sue us.
Mr. Odell stated it has been six weeks.
Mr. O’Connor stated I know.
Mr. Williams stated I sent out proposals to four engineers
and I received one back for $7,600.00. I
received another one today at
Mr. Griffin stated there is a whole series of issues regarding the dam.
Mr. Odell stated Mrs. Nacerino regarding the Chronic Nuisance Law why would you have Mr. Williams do it when you have Counselor right here to draft a law.
Mr. Curtiss stated we both did it.
Mr. Griffin stated he works cheaper. It is a lot cheaper if he just reads it and says this is good or this is bad than if he drafts the whole thing.
Mrs. Nacerino stated this is not an exception to the rule.
EXECUTIVE SESSION
There being no further business, Mr. Griffin made a motion to go into Executive Session at
Seconded by Mr. O’Connor. All In Favor: Aye. Carried.
Mr. Kassay made a motion
to close Executive Session at
Seconded by Mr. Capasso. All In Favor: Aye. Carried.
Mr. Griffin called the meeting back to order at
ADJOURNMENT
There being no further business the meeting ended at
Respectfully submitted,
___________________________________
ANTOINETTE KOPECK, TOWN CLERK