1142 ROUTE 311
MINUTES
PRESENT: MICHAEL
GERALD HERBST, COUNCILMAN
ERNEST KASSAY, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
TIM CURTISS, TOWN COUNSEL
ANTOINETTE KOPECK, TOWN CLERK
Supervisor
Salute to the Flag and Roll Call.
AUDIT OF BILLS
Mr. Herbst made a motion to approve the following bills chargeable to 2007:
General Fund $205,384.73, Highway Fund-Item 1 General Repairs $8,242.88, Highway Fund Item 2-Insurance $498.00, Highway Fund-Item 3 Machinery $6,062.72, Highway Fund-Item 4 Brush and Weeds $632.11, Highway Fund-Item 4 Snow $16,807.12, Highway Fund-Employee Benefits $88,936.13, Putnam Lake Light District $2,865.00, Putnam Lake Refuse District # 1 $45,771.00, Patterson Refuse District # 2 $29,305.96, Patterson Park District $873.95, Alpine Water District $1,022.54, Dorset Hollow Water District $1,415.00, Fox Run Water District $10.24, Capital Fund $444,458.28.
Total Abstract $852,285.66
Seconded by O’Connor. Roll Call Vote: Mr. Herbst; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
MICHAEL
LIBRARY CONTRACT
Mr. Griffin stated Antoinette, are we clear of the permissive referendum at this point.
Ms. Kopeck, Town Clerk, stated no not yet; another week.
Mr. Griffin stated on the second page, number 8, at the time
of closing seller shall grant purchase of the right to connect the premises to
the Patterson wastewater treatment plant under the conditions. It says pay any and all fees and I think we
should add including legal, capital construction, operation and maintenance
just so we are clear on what all those fees entail. In the lease agreement second page, the
address is wrong. It says block building
located at 167 Route 311; it should be 1167 Route 311. Use of lease premises states tenant hereby
agrees that lease premises shall be used solely for the purpose of the
continuing operations of
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consider a big one on the next page that says building maintenance. Tenant covets and agrees that except for structural repairs, septic system and well which will remain the obligation of the landlord, it will, during the term of this lease and at its own cost and expense, make all necessary repairs to keep the area rented in good order and condition and further agrees to service, repair, replace the heating system and air conditioning systems, if any. What that sounds like to me is we’re going to be responsible for keeping the heat and the air conditioning on. I’m not sure that is necessarily a tenant’s job.
Mr. Curtiss, Town Attorney, stated either the air conditioning or the heating system segregated between the two…
Mr. Griffin interrupted, stating the heating system is not – it’s just shared boiler but the air conditioning systems are separate. The court, the community room and the library has its own air conditioning system. We provide hot water for the boiler to their heating system now.
Mr. Curtiss stated with a common mechanical system the landlord would be responsible for the heat. On the air conditioning, if it just controls their space, they may be responsible for it.
Mr. Griffin stated I’m just throwing some things out for the Board’s consideration because this is kind of timely. The library needs this contract signed very soon. The Board may want to think about that. On the next page where they’re talking about building maintenance it states tenant further covets and agrees to provide snow removal for services for the entire premises to keep same free and clear of accumulations of ice and snow at tenants own cost and expense and I would like to add to that for the duration of our lease, or duration of lease and duration of lease for lawn maintenance also. Regarding waste removal they state the tenant at its own cost and expense will provide a waste container; the landlord is not responsible for (inaudible) garbage waste or waste of the tenant. I’m not sure how I’m reading that but I would assume the library is going to expect us to continue to pick up the garbage. Throughout the duration of the lease we’ll continue to maintain that dumpster.
Mr. Martin Miller stated yes.
Mr. Griffin stated then duration of lease on that would apply there as well. On the following page regarding insurance premiums it states tenant agrees to conduct his business in such a manner as to insure the landlord’s premiums of insurance including but not limited to fire insurance, public liability insurance that shall not be increased as a result of the tenant’s acts or omissions and that’s fine, that makes perfect sense. Also, it states in the event that said premium shall be increased as a result of the tenant’s use of the leased premises, in broadest interpretation and reasonable interpretation, does that mean that only if we do something i.e., running HASMAT or something else...
Mr. Curtiss stated yes, high risk…
Mr. Griffin interrupted, stating the fact that they now have to insure the entire building doesn’t – they’re not going to come back to us and go oh well...
Mr. Curtiss stated a different activity that you do as a community more than a hazard.
Mr. Griffin stated workers compensation benefits, same page, states tenant shall provide and maintain coverage during life of this lease for the benefit of tenant’s employees. Just so we are clear that we are not paying compensation on the library’s people.
Mr. Martin Miller, President, Patterson Library, stated I
want to make the Town aware that our official title is the Patterson Library
Association. The charter was granted to
us by the state of
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documents say Patterson Library Association but the
Patterson Library covers the Town of
Mr. Griffin stated I’m on page 21 and this is probably the stupidest one of all. It has to do with women and minority owned businesses. It states the tenant shall state in all solicitations or advertisements from employees then the performance of the contract or qualified applicants shall be afforded equal opportunity employment. We have to do that already. The next paragraph states the tenant will include the provisions of a, b, and c above in every subcontract over $25,000.00 for construction, demolition, replacement, major repair, renovation, planning or design of real property improvements thereon. It goes on to site section 312 executive law. Skip to the bottom and it states the landlord shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplications or conflicts exist. It sounds to me in my reading of this that we have to go to the library every time we do a project over $25,000.00 to make sure that we’re in compliance with the minority owned businesses. I don’t have a problem if we’re going to do any project or make any changes to that building that we have as tenant space, but the language states, IN EVERY SUBCONTRACT construction, demolition; and then it states the landlord SHALL determine whether the imposition requirements; I’m probably reading way too much into this. I don’t have a problem with changing that to anything to do with the tenant space, but frankly every time we do a building, a court house or a contract I can’t imagine why we need to go to the library to get…
Mr. Curtiss stated this is set up to (inaudible) lease space really.
Mr. Griffin stated the last item has to do with schedule D, last page, miscellaneous number 7 states maximum amount which seller (us) must spend to cure violations etc. is $3,000.00. The building was built and the CO was issued in 1995. The building is probably not in compliance with current codes but because it’s a preexisting building it does not need to be brought up to current codes. Rich pointed out that it should not include the current tenant space because if the library did things that they weren’t supposed to do we are not going to pay to clean up their violations.
Mr. Kassay stated we only received this on January 22nd. There has not been enough time for me to review and scrutinize this contract. I would like more time to look it over because of the magnitude of what is involved.
Mr. Griffin stated there is a timeliness here that has to do
with a grant application the library has pending and the state of
Mr. Herbst stated the end of this month.
Mr. Griffin stated yes, six days away.
Mr. Miller stated the state has been very generous to
libraries this year after many years.
Mid-Hudson library system of which we are a part was granted about
$500,000.00 for building, construction, acquisition etc. Mid-Hudson library system in December had to
put in an application. We have 70+
member libraries seeking money from this grant.
We put an application in for $62,000.00 and it was approved by
Mid-Hudson by the end of December. Out
of 25 libraries, 12 or 14 were granted part of this money. Ours is not the largest nor the smallest
grant. It now has to go to an agency in
the state and then it has to go to dormitory authority. The time line is very short. If we do not have this contract signed and in
to
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not, we will lose this money. It is money we hope to utilize for the
library. Since we are a taxpayer funded
entity of the Town of
Mr. Kassay stated can we approve this contract for tonight…
Mr. Griffin interrupted, stating (inaudible) conditional resolution…
Mr. Kassay stated subject to the different – I believe you have to go over it with a fine toothed comb, especially…
Mr. Griffin stated Anthony wrote it.
Mr. Kassay stated that’s alright but you had comments so those questions, and you had quite a few, should be resolved first and all I’m saying is can we vote on it tonight with an affirmative response subject to the Town Attorney’s approval answering your questions between now and February 1st. We could certainly try to cooperate in this way.
Mr. Griffin stated we could authorize her to sign this conditionally.
Mr. Curtiss stated right.
Mr. Kassay stated if we could do that and give a cut off
date of February 1st, because it has to be to
Mr. Curtiss stated it would be subject to the changes discussed by Mike…
Mr. Kassay interrupted, stating, and whatever else we may find, but at least it would give us a week to look at this.
Mr. Curtiss stated and further negotiation of the parties; yes we could do that.
Mr. Martin stated thank you very much.
Mr.
Griffin introduced the following Resolution for Lease and Contract with the Patterson Library Association
R1-0107-04
WHEREAS,
the Town Board wishes to approve the lease and contract with the Patterson
Library Association; and
WHEREAS,
the parties are discussing minor revisions of the lease and contract; and
WHEREAS,
the parties are under a time constraint to submit the lease and contract to
NOW,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson approves
the lease and contract, subject to the revisions discussed at the Town Board
meeting of January 24, 2007 and the approval of the parties’ attorneys as to
language and further authorizes the Supervisor of the Town of Patterson to
execute the lease and contract agreement, subject to the revisions discussed.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
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Mr. Miller stated on behalf of the board of trustees of the
Patterson Library, we want to thank the Town of
BEAR HILL – LEGAL OPINION
Mr. Michael Liguori, Attorney with Hogan & Rossi, stated
I am here on behalf of Bear Hill Associates, LLC in connection with
The argument to the Board that I made two weeks ago was that by virtue of a highway by use that the land was cut up from two lots into four lots. The argument has bolstered quite a bit by having it become a Town road that we believe the property was cut in half from two lots to four lots and I bring the overlay; this is a survey prepared by Kilmeyer, a local surveyor, which shows the actual location of Bear Hill Road as it was built and the location in yellow of Bear Hill Road as it was shown on the Cabin Campfire Corp. filed map that was filed in 1930. It is apparent that the road was not built in the location that it was shown on the filed copy. The tax map shows the road as shown on the filed map because that is the only recorded document in the County clerk’s office. I contacted George Michaud at the Putnam County clerk’s office to find the best way to fix the problem and according to George the best thing to do is record a map amending the Cabin Campfire Corp. map so we would create a new map, we would show the old road with sufficient notation to denote the fact that it was not created or not built in the proper place, to show the road as it was built in its actual place which is this area over here, to show the lots that were created by the adoption of the road, to submit the map to the Putnam County Health Department to get an approval from them for the creation of those lots and also to have it signed by either the chairman of the Planning Board or the Supervisor. I should get Dennis Sant’s opinion to see who the proper party is. It’s not a subdivision plat; subdivision plats are required to be signed by the chairman, but either way we would submit to signing by the chairman of the Planning Board. At the end of the day I feel it’s appropriate to file a map that will solve the problems that have been problems for years. We would certainly show all the driveways that lead up to that Town road, show them as easements. Anthony Branca is the managing member of Bear Hill and he certainly would like to clear up whatever we can do up there on that road as far as being the declarent and being able to declare rights and grant rights on to other people. That’s the proposal that we’re coming to the Board with for this evening which is we create a map, we fix this road location problem, we show that the lots which are – this lot over here, this piece of property over here, this piece of property which comes up here and this remaining piece over here. Formerly they were shown as this piece here, this here is one tax lot and this piece and this piece is one tax lot, these two. By doing that we could fix the title issues that there are and certainly we would quick claim whatever interest we have to a 50 ft. area so 25 ft. from the center line of the road as it exists a new survey would be taken of that road and we would quick claim to the Town any interest that we might have to that 50 ft. (inaudible).
Mr. Williams stated it is very interesting the research that he came up with and it was great. It was clear that the Town actually did accept road A but we are still in the same position. We have a filed subdivision map. On that filed subdivision map we have road A showing and nobody has ever disputed that that is this unbuilt section of the road as
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filed map A. I would put forth that the Town Board is without the authority to take lands that aren’t offered for dedication for road purposes so all they really did is take road A when they passed that resolution. We’re still in the same situation where we need to create a new 50 ft. wide right of way which surrounds what actually got constructed, which has been a road that has evolved by use by the Town. It sounds like what you want to do is create this subdivision map and get somebody to sign it and get it to file over at county and then George will do what he always does when somebody files a map that hasn’t been before the Planning Board; he’ll just create the parcels, but it’s a subdivision by any other name and as far as I’m concerned, and it’s the right thing to do, is to subdivide this and clean this up because the one thing we all agree on is this is a mess and it needs to be cleaned up. Whether you do it as part of the Bear Hill subdivision or you do it as a separate subdivision, I think it’s still a subdivision and needs to follow the same subdivision process with the Planning Board. Certainly I don’t object to cleaning up the situation with the road separately from doing any other subdivision if that’s what you want to do, but I still think it is a subdivision that needs to be approved by the Planning Board.
Mr. Liguori stated the inventory of Town roads list the dimensions of the road as 2,851 ft. I took a ruler to the road as it exists and based on the ruler and the scale on the Kilmeyer survey it’s almost exactly 2,851 ft. I would submit to the Board that what the Town Board did was adopt the road as it exists.
Mr. Williams stated to clarify that, the resolution actually says the Town Board is going to accept road A which is about a mile long. We’re not even close to a mile long on anything that’s shown up there. I also, once I got that inventory, did take a look at that. I measured it out to the cul-de-sac, to the little turn around where everybody goes up there, and it’s about 2,500 lin. ft. which is well shy of the 2,851 ft. that if the Town highway department were going to measure it out would be less. If you go to the property line with the existing road based on the subdivision plat that we have on file, then you’re about 2,700 – 2,750 so you’re getting close.
Mr. Liguori stated based on the Kilmeyer – I did this right before the last meeting – I took the ruler and I got up to about here at 2,800. I marked up 1 in. areas to make sure I wasn’t off.
Mr. Williams stated sure and I did the same thing today so I think the point here is measurements vary depending on who is doing the measurements. Maybe that 2,800 ft. is a good number, maybe it’s not and I don’t think that’s really a controlling factor in all of this. Like I said, the resolution said we’re going to take road A which is about a mile and clearly there isn’t anything on this that’s a mile.
Mr. Liguori stated the only response I have to the “about a mile” is I think that was a mistake. That’s the only way I could explain it. The resolution states motion by Mr. Simpson, seconded by Mr. Gaebler that road A at Bear Hill Estates to be taken over as a Town road, there having been filed with the Town Clerk, the required application and releases. Maybe I could find the application. I was able to get the minutes.
Mr. Griffin stated Tim, what do you think.
Mr. Curtiss stated the issue is pretty clear that the existing road is either by a highway or by use and the real issue is how we are going to draw out the rest of the lots. The best thing to do, although I don’t know if the applicant wants to, is just refer it to the Planning Board and have them take a look.
Mr. Griffin stated the whole point of the exercise is to stay away from the Planning Board.
Mr. Liguori stated we’ve been in the Planning Board process and the client – what the client did, and we’ve been up front about this, is with the five lots before the subdivision
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you trigger a number of requirements including the DEC’s requirements, DEP’s requirements to treat stormwater runoff; both for quality and quantity with the obligation to treat the quality it requires piping from the top of the road down to the bottom of the road which is a significant expense and would require the ripping up of the road. That’s the exercise. The question was do we have any rights here; is there any way to do this without having to subdivide it. When we took a look at it, we said it looks like a highway by use. I didn’t know until hours before the last Town Board meeting that I would get the F.O.I.L. back with the inventory to show the road. That was a surprise to me. I certainly would never have spent the amount of time I did doing research had I known it was there.
Mr.
Mr. Curtiss stated that’s true. We could have gotten it by use and the fact that we’ve maintained it for…
Mr. Griffin stated then it was a good political move to plow and maintain the road because there were voters there.
Mr. Williams stated I took a look at that list and that list
didn’t say road inventory. That list
said roads dedicated to the Town of
Mr. Curtiss stated lets assume it’s an existing Town road that has been dedicated and accepted back in the 1940’s (inaudible) part of the resolution. Would it trigger any stormwater requirements at this point.
Mr. Williams stated probably not. If the lots were already created they would be separate and taken out of the process. The problem I have though is we’re making that assumption that it would be the areas outside of that 50 ft. wide right of way; now we’re talking about just the road width and we don’t have any 50 ft. wide right of way that that sits in so now we’re talking about the only thing that was accepted by the Town was an 18 – 20 ft. wide road bed and now because it’s not a road by use we don’t have the state law to fall back on to do anything outside of that so that opens up a whole jar of worms for the Town. I’ve seen nothing that says that land outside of that right of way was ever offered to the Town for dedication therefore my opinion would be, non-legal opinion, is the Town had no authority to take it. Nobody ever said here’s my land, take it.
Mrs. Nacerino stated but they did take it, is that correct.
Mr. Curtiss stated apparently they did, yes.
Mrs. Nacerino stated so that’s the catch 22 here isn’t it.
Mr. Williams stated but what that resolution said is we’re going to take road A as it’s shown on the subdivision plat, not we’re taking somebody else’s land, not that we’re taking Bear Hill Road as it exists today, but we’re taking road A on that subdivision plat. I think there’s enough ambiguity to give us cover to run from that we can say that we still have a mess and we need to find the best way to clean it up.
Mr. Liguori stated I think that the roads dedicated and accepted would be the fact that the length in the roads dedicated and accepted to me I think that’s enough proof to show that they adopted the road that is out there. I understand the argument over this. There is certainly some ambiguity (inaudible) resolution because they make reference to the map road but the highway department, and this is where I got the information from, the highway department; to get the highway records with a fairly accurate reference to the road length I feel is conclusive.
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Mr. Griffin stated what exactly are you asking the Board to do for you.
Mr. Liguori stated I’m saying to the Board that these lots have been created; this isn’t an issue of creating new lots today. These lots were created in 1949; that’s what I’m saying that these things are out there. What we do know is that there are issues as to – because of the ambiguity there are some title issues on the road because there’s this map that’s of record that doesn’t show the road that’s really out there. That’s the real issue because there’s this old map out there that doesn’t show the right road and I’m saying look these three lots were created in 1949 but we’ll go through – we’ll do what we have to do to fix that map that’s as of record by amending the old map to show the location of the road where it actually is and to confirm that these three lots that were created in 1949 are in fact out there but what that does by doing that there are (inaudible) that we could not get around which are going to the health department which we certainly would do and getting the signature of the chairman of Planning Board because that’s a necessary requirement to filing any map in the county at the clerk’s office. I don’t know if there’s any way to not do it.
Mr. Curtiss stated assuming that’s what you had to do once you bring it in to the Planning Board for the Planning Board chairman’s signature doesn’t he have – well I guess it’s a preexisting subdivision.
Mr. Williams stated the Planning Board chairman can’t sign a plat that hasn’t been authorized by the Planning Board.
Mr. Curtiss stated and then the DEP and all the…
Mr. Williams stated if we’re going to step in and fix the problem with the road and forget about everything else, I don’t know that we have to go anywhere other than the Health Department for non-jurisdictional sign off and the Planning Board and then after that’s done if they want to go do something else, subdivide something that’s a whole different thing and I don’t have a problem going down that road but I just don’t see procedurally how it’s not a subdivision, how it doesn’t have to go before the Planning Board.
Mr. Liguori stated the argument is that it happened. It’s already subdivided.
Mr. Curtiss stated you feel you are just legitimizing what happened in 1949.
Mr. Kassay stated I can’t figure out why they didn’t stay on track with the original road. Why did they change it so drastically.
Mr. Curtiss stated I think they got in there with a grade to get up that hill and they probably followed the contour when they did that road.
Mr. Williams stated they just walked behind the horse.
Mr. Griffin stated if we go ahead and clean up the road and remap it, are we going to wind up with the road bed or are we going to wind up with the road bed and right of way.
Mr. Williams stated this is what I’ve been maintaining right along; we need to create a 50 ft. wide right of way which the existing road bed lies in and that needs to be created from the parcels that are surrounding it. If we do that and file that as a subdivision map then that’s created, we now have a road with that right of way and now from what Mike has shown us there’s been some acceptance of road A and we need to do an abandonment procedure. It cleans it up a little bit.
Mr. Curtiss stated you can do an abandonment of the old road bed.
Mr. Liguori stated I spoke with George Michaud about doing an abandonment of the old road bed and we were trying to hash that out a few weeks ago that’s what I had presented.
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George felt that by amending the filed map that you would, in fact, abandon the old. I looked at the highway law. There is a provision other than abandonment which is the discontinuance which technically already happened. There is a provision in the law where if a road is laid out on a map and not used within six years then it’s effectively gone.
Mr. Williams stated yes, by operation of law.
Mr. Liguori stated that is section 207 of the highway law. That really forms the legal basis for amending the subdivision plat.
Mr. Williams stated Mike, correct me if I’m wrong, even in section 207 says if it’s discontinued it’s abandoned by operation of law it still suggests that the highway superintendent file some sort of certificate with the Town Board and some type of action is also needed by the Town Board. You file something with the Town Clerk.
Mr. Liguori stated there needs to be a petition to have the requested discontinuance thereof.
Mr. Williams stated from the highway superintendent.
Mr. Liguori stated from the Town superintendent.
Mr. Griffin stated in the interest of getting this moving, why don’t you figure out what it is we need to do and again, what exactly is the Town Board being asked to do in this matter.
Mr. Curtiss stated at this time, all they’re really doing is moving to create or amend the filed subdivision map.
Mr. Liguori stated when I first came to the Board there was a question as to whether or not it was a highway by use and what rights…
Mr. Curtiss stated right and whether they had to actually take it for dedication at that point. They have resolved that issue; it has already been dedicated apparently and it’s already been taken over by use so that’s takes you out of the equation.
Mr. Griffin stated so why are we even discussing this.
Mr. Curtiss stated the last time Mr. Liguori was here the issue was is it dedicated or non dedicated and there was an issue whether…
Mr. Griffin stated so we’re going to need a legal opinion from you as to what we have and you are going to have to recommend a course of action based on what you, Rich and Mike decide.
Mr. Curtiss stated we should get together and hash it out.
Mr. Williams stated if you want to sit in a room and hash it out that’s fine, but I think I’m clear and I think Mike’s clear.
Mr. Liguori stated my client’s argument is that these lots are created; they are already out there and they were created in 1949. The best collaboration that I could come up with is to do a map, show the old filed mapped road and then show the road as it exists and that way when someone comes along to buy a new lot they can see where everything is and it is recorded in the County clerk’s office. There would be no title (inaudible) their neighbors don’t have easements across their property, etc., etc.
Mr. Griffin stated Tim, you and Anthony going to get together and come up with an idea.
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Mr. Liguori stated I am going to try to find the application and the releases.
Mr. Williams stated bottom line, can’t we file a map that changes property boundaries without Planning Board approval and sign off.
Mrs. Nacerino stated I think there is also some credence to the official records of 1949 as well. There is some merit to those records that were kept and maintained and saying that the road was dedicated and it was a Town road. That does carry some weight.
Mr. Williams stated and what was the Town road. If that’s the Town Board’s position that that town road was created, it was created without a 50 ft. wide right of way.
Mr. O’Connor stated it says 50 ft. right of way on it.
Mr. Williams stated no, that’s the problem, it doesn’t.
Mr. O’Connor stated it says Bear Hill Estates Road A 2,851 ft. by 50 ft. wide.
Mr. Williams stated that’s correct and that’s what Road A was, but that’s not what got built.
Mr. O’Connor stated it would appear the people who approved it thought that was Road A because they didn’t go out and look. Whoever gave them the piece of paper saying this is what Road A looks like was wrong.
PAA ACT – FOLLOW-UP
Mr. Griffin stated on or about January 8th we received a letter from New York State Public Authority Accountability Act from Putnam County Board of Ethics and my question to Anthony was what constitutes a local authority and who would be responsible for filing financial disclosures and what are the “other”.
Mr. Curtiss stated your not for profit organizations who contract with the towns who get public funding i.e., fire departments, library, humane society, etc. These are public benefit corporations who have never filed any disclosure documents and yet they are primarily funded by public funds. It doesn’t apply to you because you’re scrutinized by the comptroller every year; you have to do your audit, your financial reporting, etc. They don’t have to do any of that. This act apparently is trying to bring all of those organizations, which are the not for profits that use 100% or 99% public monies under the disclosure requirements that the town and county government are now under. That’s what this was set up to do.
Mr. Herbst stated so we don’t have to do anything.
Mr. Curtiss stated the Town is set up because you get audited every year by the comptroller’s office and all of your financial reports are public record so that’s all disclosure. The library, the fire department’s, etc. don’t necessarily have audited financial statements every year, they don’t disclose necessarily to the public what their books are and that’s what this is supposed to do; bring all of those organizations under…
Mr. Griffin interrupted, stating that was my question to Anthony; who in fact falls under this umbrella and what are the other complex and burdensome and expensive compliance duties that are involved here.
Mr. Curtiss stated they are going to have to start supplying to the state and to you, as their budget officers, an audited financial statement every year. When they come in with their budget requests, supposedly under this act, they are supposed to submit to you an audited financial statement from an accountant showing how much they have in their budget,
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where their money is, what do they actually need so you could make an informed decision as to do they actually need that kind of…
Mr. Griffin stated I can’t wait for you to tell the fire department they have to do this. They want us to advise them of the names of any and all local authorities of our municipalities and post office addresses of all board members, officers, employees, of such local authorities. So if you’re telling me that the fire department, the library and the animal shelter…
Mr. Curtiss stated the animal shelter is at the county level.
Mr. Griffin stated at some point we have to sit down and go through this.
Mr. Curtiss stated I spoke with Anthony to sit down with you and draft a form letter that you as a Board are comfortable with as to what disclosure is required and that this requirement is being placed on you so therefore you have to request the following information be provided to you.
EXECUTIVE SESSION – LEGAL AND PERSONNEL
Deferred until end of meeting.
GERALD HERBST
PATTERSON CROSSING – SPECIAL COUNSEL
Mr. Herbst stated has the Board read the letter regarding acquiring a special attorney and what is your opinion.
Mr. Griffin stated Tim have you seen Rich’s memo or Mr. Camarda’s letter.
Mr. Curtiss stated no, I haven’t seen them.
Mr. Griffin stated Mr. Camarda is looking for a legal opinion relative to putting a septic system on the lots that had been rezoned to residential and he wants us to have our attorney provide the legal opinion. Our position is to have him use his own attorney for a legal opinion and then we would have you look at it.
Mr. Curtiss stated I don’t see why we should be doing a legal opinion for his project. If he feels he has the right to do it, and he needs to justify it then his attorney’s should be doing the legal opinion.
Mr. Griffin stated I will respond to Mr. Camarda and let him know that…
Mr. Curtiss stated we wouldn’t even have the information necessary to do this anyway.
Mr. Griffin stated we’ll tell him that our special counsel will be more than happy to review his attorney’s legal opinion on the matter.
CONTRACT WITH TOWN ATTORNEY
Mr. Herbst stated does anyone have any comments regarding the contract.
Mr. Griffin stated section 5 states should copies also go to the Town Clerk, Planning Board, Zoning Board and any other person named but not later than five days.
Mr. Kassay and Mrs. Nacerino asked what section Mr. Griffin was reading from.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated fifth section which states “Law firm shall report to the Town Board or it’s designees and shall send copies as soon as practical of all papers served and/or filed in any action proceeding to the Supervisor’s office.” Do we want to do that or do we want to have them also submit copies to the Town Clerk, Planning Board, Zoning Board and any other person named in terms of what’s practical vs. five days.
Mr. Curtiss stated if we get a lawsuit in that names the Zoning Board, we would serve them so they are aware of it and we always have to serve the Town Clerk because she is the repository of all the records and the Supervisor. If somebody individually is named then we would send them a copy. In other words, do you want us to circulate it or do you want to circulate it internally by the Town.
Mrs. Nacerino stated what has been past practice.
Mr. Curtiss stated if it comes through us we would circulate it; if it comes through Antoinette, she would circulate it.
Mr. Kassay stated keep it the same way.
All Board members agreed.
Mr. Griffin stated number seven states “For professional services rendered to the Town, Planning Board, Zoning Board including but not limited to attendance at all Town Board meetings, Planning Board meetings, etc. drafting all resolutions, correspondence, requesting opinions, findings, research, related work” do we want to add to that review title reports, review of prepared conservation easements, acceptance of roads, review of deeds for takings as part of subdivisions, etc.
Mr. Curtiss stated if you want to add that in that’s fine because we do that anyway.
Mr. Griffin stated number sixteen states “The law firm shall solely be responsible to designate and assign special counsel to represent the Town in those instances when conflicts of interest arise or due to the specialized nature of services required.” Do we really want to give them this kind of authority.
Mr. Curtiss stated I don’t think we’ve ever done that.
Mr. Griffin stated if we sign this contract the way it is, we are giving up the right to pick attorneys.
Mr. Curtiss stated this is from a long time ago. We should put it in the contract that the Town Board…
Mr. Griffin interrupted, stating that the Town Board shall make recommendations.
Mr. Curtiss stated we make the recommendations…
All Board members speaking at once; unable to transcribe.
Mr. Herbst made a motion giving the Supervisor authority to sign the contract with the necessary changes discussed.
Seconded by Mr. Kassay.
Mr. Kassay stated in order to be fair and equal to everyone, let’s take a five day window of opportunity to address any other issues we might have with the contract.
Mr. Herbst amended the motion giving the Supervisor authority to sign the contract after five days to address any other issues the Board may have with the contract.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Seconded by Mr. Kassay. All In Favor: aye. Carried.
CODE ENFORCEMENT OFFICER’S REQUEST – WAIVER OF FEE
Mr. Herbst made a motion to grant the Code Enforcement Officer’s request to waive the fee of Thomas and Johanna Reale.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
HUNTING ON TOWN PROPERTY
Mr. John Taylor, Park Advisory Board Chairman, stated Jerry
and I attempted to visit with the county sign maker today to no avail. The reason for the visit was to order no
hunting signs to be posted around the perimeter of the
Mr. Kassay stated is the park property surrounded by private property.
Mr. Taylor stated there is private property surrounding all of Town property on four sides.
Mr. Kassay stated if there is private property surrounding all of the Town property, the hunters would have to get permission from the property owner to go on their property so they could get on to Town property which has no signs.
Mr. Taylor stated that’s right.
Mr. Herbst stated park property did have a sign.
Mr. Taylor stated after the incident, I posted signs there, but they were taken down and some were slashed.
Mrs. Nacerino stated what did the signs say.
Mr. Taylor stated it said no hunting. We bought them at Dill’s.
Mrs. Nacerino stated are we going to impose any penalty with the signs. Shouldn’t there be a penalty associated with that.
Mr. Williams stated it’s not in the code.
Mrs. Nacerino stated if we are moving forward with this, shouldn’t we impose a penalty; not just put up a sign.
Mr. Kassay stated there will be a penalty involved.
Discussion ensued regarding posting the property, liability issues, penalties, firearms, etc.
Mrs. Nacerino stated I’m not clear on something. If we pass this local law and somebody does violate it, what is the consequence.
Mr. Herbst stated who sets the penalty and at how much.
Mr. Curtiss stated it’s probably already in the existing code.
Mr. Williams stated I have to check. There should be a penalty section at the end of section 115.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Curtiss stated the code already has a general penalty provision clause which this should apply to.
Mr. Herbst stated if it’s too lenient, could we up it.
Mr. Curtiss stated yes, you could always modify it.
Discussion ensued among Board members regarding modifying the local law to reflect the penalty, specifying Town property, etc.
Mr. Herbst made a motion
to set the public hearing for
Seconded by Mr. Kassay. All In Favor: aye. Carried.
BURDICK BARN – LEGAL AGREEMENT
Mr. Curtiss stated I spoke with Anthony and he has been in touch with the attorney. The attorney is going to send him an agreement next week to review.
SENIOR EXEMPTION – SET PUBLIC HEARING
Mr. O’Connor made a motion
to set the public hearing for increasing the limits of seniors 467 and 459c
exemptions for
Seconded by Mr. Kassay. All In Favor: aye. Carried.
LIBRARY BUILDING APPRAISAL
Mr. O’Connor stated we received an appraisal for the library building within the parameters of what we had hoped.
Mr. O’Connor made a motion to accept that appraisal and to pay the fee in an amount not to exceed $1,350.00.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
ERNEST KASSAY
VACATION REQUEST
Mr. Kassay made a motion
to approve the vacation request dated
Seconded by Mr. Herbst. All In Favor: aye. Carried.
Mr. Kassay stated I received a letter in the mail from Playground Medic regarding the playground safety inspection for a medium sized playground and the preventative maintenance for the playground which we receive a certificate every year.
Mr. Kassay made a motion to approve Playground Medic to go to H. Ted Baumann Park at a future date for a playground inspection for an amount not to exceed $1,300.00.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Deferred until end of meeting.
Deferred until end of meeting.
SHERIFF’S DEPARTMENT UPDATE
Mr. Kassay stated we’re going to start letting the public
know what the sheriff’s department is doing as far as speeding is
concerned. They are working in
conjunction with the state police e.g., the accident on Farm to
Mrs. Nacerino stated who is going to determine where these enhanced areas are. Is the Town going to request it of or to the sheriff’s department or is the sheriff’s department going to let us know what areas they deem to enhance patrol.
Mr. Kassay stated it is going to work both ways. They will target areas based on accidents, complaints, what the officers see as well as the input the Board has as to what we would like to see.
STOP SIGN –
Mr. Kassay stated when you leave Town Hall you’re on
Mr. Williams stated when you have a stop sign or an intersection coming out on a state road you need to get a DOT permission to put the stop sign up. Past policy was they were not allowing stop signs (inaudible).
Mr. Kassay stated if the stop sign is on Town property, we don’t need the DOT permit as far as I know.
Mr. Williams stated coming out onto the state road I mean I go through this with all the site plans all over…
Mr. O’Connor stated are you talking about driveways.
Mr. Williams stated I’m talking about driveways and/or roads.
Mr. O’Connor stated by law intersections have to be
regulated. This is the only unregulated
intersection that I know of in the Town of
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Williams stated because it’s coming out onto a state road, DOT has (inaudible) the traffic signals…
Mr. O’Connor stated it is a road and all intersections have to be regulated.
Mr. Williams stated they are.
Mr. O’Connor stated this one isn’t.
Mr. Williams stated it is regulated by DOT.
Mr. O’Connor stated by regulated there should be a regulation on where to stop.
Mr. Herbst stated are you talking about a stop sign in the parking lot here.
Mr. Kassay stated at the intersection of
Mr. Herbst stated anybody that doesn’t stop there is stupid.
Mr. Kassay stated there have been situations that I have
observed where people have gone out past where a stop sign would be to observe
in both directions; especially on nights where the visibility isn’t good.
Someone could conceivably come through here and drive right across and go down
Mr. O’Connor stated yes. If that person claims ignorance because they didn’t know then we could have liability issues because we and/or the state did not have a stop sign. You’re allowed to pull up past the stop sign far enough so that you could see, it’s not a lunatic regulation, but it is an intersection of a main road and a secondary road. Since it is a road it has to have a …
Mr. Williams stated I understand and I don’t want you to come away with the impression that I think it is improper to put a stop sign there.
Mr. O’Connor stated we should send the DOT a letter.
Mr. Williams stated every time we have an intersecting road both Gene and I put in our review memo’s that if there is a white stop bar, then a stop sign should be in place. When they go to get the highway work permit from DOT, depending on the engineer that’s reviewing it, one or the other will disappear because you’re coming out onto a state road and they set the regulations for coming out onto a state road. We may need to get a highway work permit to put the stop sign up.
Mr. Kassay stated you said a site plan. There is no site plan involved here.
Mr. Williams stated I said a site plan or a subdivision because that’s generally what we are dealing with.
Mr. Kassay stated that would not apply to what we are doing
here. In the Town of
Mrs. Nacerino stated doesn’t the same problem exist across the street.
Mr. O’Connor stated they have a stop sign across the street.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Kassay stated they have a stop sign across the street. Was there ever a DOT permit applied for that and other stop signs that come out of a state road, I don’t think so unless there’s a subdivision that has a site plan.
Mr. Kassay made a motion
to set a public hearing for a stop sign on
Seconded by Mr. Herbst. All In Favor: aye. Carried.
Mr. Williams stated you’re amending Chapter 135.
Mr. Kassay stated I’ll speak to the attorney’s office.
GINNY NACERINO
2007
Mrs. Nacerino stated with reference to the 2007 holiday
schedule in essence I would like to make a revision which would eliminate
Mrs. Nacerino made a motion to revise the holiday calendar commencing 2007 to reflect President’s Day and the day after Thanksgiving as holidays.
Seconded by Mr. Kassay.
Mr. Griffin stated discussion. Apparently the day after Thanksgiving is considered a personal day.
Mrs. Nacerino stated and that’s where…
Mr. Griffin interrupted, stating a fixed personal day, but that will be eliminated.
Mr. Kassay stated but that’s what she’s saying.
Mrs. Nacerino stated that’s what I’m proposing.
Mr. O’Connor stated it will be a holiday.
Mrs. Nacerino stated it will be a holiday.
Mr. Griffin stated so the taxpayers are actually gaining a day.
Mr. O’Connor stated no, we’ll be closed on…
Mrs. Nacerino stated no they are not getting a day, it’s a trade; it’s a wash.
Mr. Herbst stated no they’re trading off one day for another.
Mr. Kassay stated right, in other words they are still going to have 13 holidays except it isn’t going to be Lincoln’s day, it’s going to be the day after Thanksgiving.
Mr. O’Connor stated 12 holidays.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated the day that was currently a personal day will be eliminated.
Mr. Herbst stated right.
Mr. Kassay stated right.
Mr. Griffin stated so they are losing a day.
Mr. O’Connor stated no.
Mr. Kassay stated no.
Mr. Herbst stated no because they won’t be getting
Mr. O’Connor stated but they were getting the day after Thanksgiving as a holiday.
Mrs. Nacerino stated they will be able to utilize their personal days as whatever they want; it’s not a mandatory personal day.
Mr. Kassay stated they will be able to use their personal day at their own discretion.
Mr. Griffin stated ok well then I’m not going to vote for
that. The day should be eliminated.
Mrs. Nacerino stated well that’s not addressing the – how many – that’s not addressing the amount of personal days that they have…
Mr. Griffin stated sure it is. It’s one more day they got to work and one less day they have off, that’s the bottom line.
Mrs. Nacerino stated it’s a wash as far as I can see.
Mr. Kassay stated no, it’s a wash.
Mr. O’Connor stated no.
Mr. Herbst stated it’s a wash.
Mr. O’Connor stated no, well you still have 12 holidays. You’re making a day…
Mr. Griffin stated you are losing a personal day.
Mr. Kassay stated they’re gaining a personal day.
Mr. Griffin stated no, they are not.
Mr. O’Connor stated they are gaining a holiday.
Mr. Griffin stated if you’re eliminating – if you’re going to take the day after Thanksgiving and you’re eliminating it as a fixed personal day and you’re converting it to a holiday, then that fixed personal day is going away.
Mrs. Nacerino stated what is the difference.
Mr. Kassay stated how many personal days does each employee get.
Mrs. Nacerino stated but what is the difference (inaudible) fixed personal day and it’s a holiday…
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated because you’re taking
Mrs. Nacerino stated correct.
Mr. Griffin stated now we’re working here. We’ve always had the day after Thanksgiving
off anyway; now we’re going to come in and we’re going to work
Mr. O’Connor stated there’s a fixed personal day that comes off your vacation bank.
Mr. Kassay stated no, but here’s my question. How many…
Mr. Griffin stated we are not getting a fourth personal day…
Mr. Kassay stated right, in other words…
Mr. Griffin stated you are back to three personal days.
Mrs. Nacerino stated no you are not. You can use that fourth personal day whenever you want to throughout the year.
Mr. Kassay stated right, that’s the way I interpreted it.
Mr. Griffin stated then all I’m saying is I’m not going to vote for that because I think we should get the day back, plain and simple. Plain and simple, the employees should give up the day and come in and work. They get paid for lunch, they get paid for summer hours, they get paid for all kinds of other things.
Mrs. Nacerino stated ok well…
Mr. Curtiss stated you want to remove it completely.
Mr. Griffin stated the personal day goes away.
Mrs. Nacerino stated so you want three – meaning three personal days.
Mr. Griffin stated yes.
Mr. Kassay stated instead of four…
Mr. Griffin stated yes they got three floating personal days now and a…
Mrs. Nacerino stated well that will reflect with a roll call vote. That’s what I propose.
Mr. Griffin stated ok.
Mr. Kassay stated your proposal is…
Mr. Griffin stated now you’re going to give them a fourth personal day…
Mr. Kassay stated right and the holiday – the
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. Griffin stated that’s fine. What I’m saying is the fourth personal day should then go away and you remain with the three floating personal days. I totally am adamantly opposed to giving them a fourth floating personal holiday.
Mr. Kassay stated ok.
Mr. Griffin stated nobody gets
Mrs. Nacerino stated ok then let me revise my motion then.
Mr. Griffin stated that’s my opinion.
Mr. Kassay stated before you do that the CSEA contract – are
they off on
Mrs. Nacerino stated yes they are, yes they are but my feeling is, and this is only my personal opinion, that CSEA has Lincoln’s Birthday off but that is probably a holiday which every CSEA worker throughout the county has and upon my research most of the towns employees do not have Lincoln’s Birthday off however that would mean that every CSEA highway worker in those respective towns would have it off.
Mr. Kassay stated they have it off per contract.
Mrs. Nacerino stated the town employee’s work but CSEA
whether you live in Phillipstown or Patterson have it as one of their legal
holidays so to me that’s not a conflict with the Town of
Mr. Kassay stated ok, I see what you’re saying. Ok that’s fine.
Mr. Herbst stated but CSEA doesn’t follow us anyway because if we close…
Mrs. Nacerino stated no, but it would be applicable to every
CSEA worker, every highway department worker who is in CSEA union throughout
the county which is Phillipstown,
Mr. Herbst stated right but they also, the highway employees
don’t work on those days – on
Mr. Kassay stated no they don’t.
Mrs. Nacerino stated we’re…
Mr. Griffin stated highway employees don’t get paid for lunch either.
Mrs. Nacerino stated alright, Michael I understand what you are saying so I’m going to revise the motion.
Mrs. Nacerino stated I would like to revise the motion to revise the holiday calendar
commencing 2007 to reflect President’s Day, eliminate
Mr. Griffin stated so leave it the way it is then is what you are saying.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mr. O’Connor stated the number of days.
Mr. Griffin stated as a fixed day.
Mrs. Nacerino stated yes.
Mr. Griffin stated ok so the total number of holidays will remain the same and the fourth personal day will be eliminated.
Seconded by Mr. Griffin.
Mr. O’Connor stated I’ve been involved with stuff like this (inaudible) we have twelve holidays which is traditional in the country; I have the list of them here in front of me and I would vote to keep the twelve holidays as they are. What we did at the, not that it makes any difference, but in order not to have Lincoln’s Birthday inconvenience the public we did – the City still has Lincoln’s Birthday as a holiday but you could – in order to keep the Lincoln’s Birthday and Washington’s Birthday, not forget their two names…
Mr. Griffin stated I’m taking off in September and I’m going
down to
Mr. O’Connor stated you could do whatever you want, but we had a President Washington and a President Lincoln and we’re…
Mr. Herbst stated I’ll let you know a little secret – President Lincoln is not celebrated in the south.
Mr. O’Connor stated we don’t live in the south.
Mrs. Nacerino stated ok but the fact remains that in
Mrs. Nacerino moved the motion
as set forth to eliminate
Seconded by Mr. Griffin.
Mr. Kassay stated discussion.
Mrs. Nacerino stated well we’ve discussed it. I think at this point we…
Mr. Kassay stated well we still need to discuss it further. Past practice – something just entered my mind and I think Mike can probably attest to that but maybe he didn’t see it the same way that I do but past practices have shown, especially that we have a personnel committee in this Town now and there was one back then, because the Town employees don’t belong to the CSEA, there was a working rapport with the Town Board and understanding their situations. In other words, there had been times when they wanted to go to the CSEA. My recommendation would be to stop any kind of a problem here my recommendation would be for the personnel committee to run this by the people who work in this Town even though this Board sets policy here but from past experience I saw what happened here. There were problems. What does it take to sit down and get each employee’s opinion in the Town Hall as to what you want to do and see where it falls. The bottom line is this Board still has the right to make any decision that we see fit but I would certainly check first and that’s all I’m going to say.
Mrs. Nacerino stated Ernie, this Board is the deciding, law making body here and I think that the input from the Town personnel is not appropriate in this situation. I think we are
PATTERSON TOWN BOARD
TOWN BOARD MEETING
setting policy and that’s what we are elected to do. If you want to compare the CSEA contract they have three personal days, I have three personal days with Brewster Central School District; I don’t think it’s unfair, nor do I think it’s unreasonable for what we are setting forth in addition to that I think our objective is to serve the public. That’s our main mission and that’s – the logic behind this is not to punish, nor is it to eliminate or to do anything – a disservice to the employees but rather make ourselves available to the public and I think at this point in time this roll call vote and any…
Mr. Herbst stated can I just add one thing. Ernie to sit down and talk to them – I don’t know of anybody in this building or any other building or any employee who’s going to say yes I agree with you, you should take our day away. I just don’t see it going that way.
Mr. Griffin stated well I’m going to say something else too
because I don’t know any place on the planet that I’m aware of that has more
generous benefit of employment than the Town Hall in the Town of
Mr. Herbst stated you’re right.
Mr. Griffin stated you get paid for an hour a day to eat your lunch. You get paid throughout the summer to go home early – an hour early which is like an extra week’s paid vacation. You have 12 holidays, 12 sick days – you have, well you have 13 and then you have – you have 29 days a year before you start even thinking about how you’re going to take your vacation. You take and you do the math on the hour a day for lunch that’s equivalent to 63 days a year that you are paid not to work. Now if you can’t give back eight hours or seven hours to the taxpayers who pay your salary, then I think there’s something seriously wrong here, something seriously wrong.
Mr. Herbst stated I agree, I’m not arguing that point.
Mr. Griffin stated because I’ve been here on Lincoln’s Birthday and I’ve seen dozens of people trying to get in this building who took time out of their day to come here to get permits, to get things that they need done and they couldn’t get in the building and they’re all standing there going are you kidding me.
Mr. Kassay stated so they must have been off too.
Mr. Griffin stated they took time off out of their day.
Mr. Kassay stated so look they must have took off too.
Mr. Griffin stated so yes, maybe they took the day off; maybe they stayed home; maybe they went in late but the bottom line is I don’t think it’s a lot to ask personally. I think everybody is very well paid here and I think everybody is very well treated here and giving back seven hours out of the whole entire year I don’t think is too much to ask and if anybody’s so upset they want to go to the union and get in the CSEA…
Mrs. Nacerino stated and pay union dues…
Mr. Griffin stated God bless them, I’m all for it. Be my guest; I would love to negotiate a contract with all the employees of the Town. I think it would be in the best interest of the taxpayers so motion has been made and seconded.
Roll Call Vote: Mr. Herbst; yes, Mr. Kassay; no, Mrs. Nacerino; yes, Mr. O’Connor; no, Mr. Griffin; yes. Roll Call Vote Carried.
EVALUATION FORM
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Mrs. Nacerino stated last month I gave the Board a copy of the newly created evaluation form.
Mrs. Nacerino made a motion to incorporate the evaluation form into our personnel policy and that all departments receive copies of this form to perform 2006 evaluations accordingly, henceforth all evaluations would be performed in December.
Seconded by Mr. Griffin.
Mr. O’Connor stated I have an evaluation form from another (inaudible) which is more detailed than this form. If we want to keep it simple then the form that we have is probably better to use.
Mrs. Nacerino stated I purposely created a simple form. It is generic in nature. The main objective is to have a baseline in our personnel files, to have an expectation of our employees and have some comments to be made. I think this is really important and it is important to get a 2006 evaluation into the file so we could move forward with this.
Mr. O’Connor stated the form I have is too detailed.
Mrs. Nacerino stated we could certainly revise our form at a later date.
Mr. O’Connor stated there are a few things we should change. On the first one it says maintains content knowledge. I don’t know what that means. It should read maintains knowledge necessary for the position.
Mr. Griffin stated wouldn’t that be the same thing.
Mr. O’Connor stated no. I don’t know what content knowledge means.
Mr. Griffin stated your job.
Mr. O’Connor stated it doesn’t say that. I think it means you would maintain the knowledge needed for the position you hold, not other things. On the fourth item it says quality of work is acceptable. It’s already – not that the quality of work is acceptable because that would answer the question; the quality of work should range from unsatisfactory to exceptional. If it is already acceptable then you’ve answered the question.
Mr. Curtiss stated quality of work is the standard.
Mr. O’Connor stated it should state quality of work and then you can fill in what you want. And the same with the item that says prioritizes work. How do you prioritize work; do you do it exceptionally, good, not good, etc.
Mr. Kassay stated are we going to have five different evaluations for each employee.
Mrs. Nacerino stated no. Each department is going to do the evaluations.
Mr. Kassay stated who is going to evaluate the department head.
Mr. Griffin stated the Town Board.
Mr. Kassay stated if the Town Board is going to evaluate the department head, are we going to have a form like this to refer to our department heads.
Mrs. Nacerino stated it’s pretty basic so it’s – there’s two schools of thought that I have. a. The Town Board evaluates the department heads or
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TOWN BOARD MEETING
b. Management does not need an evaluation form. The department head would be considered management.
Mr. Kassay stated it would seem like the evaluation report is geared more toward a corporation or something along those lines, not a politically appointed Town Board because there is more than one boss here on equal status. It could become complex.
Mrs. Nacerino stated wait a minute, rephrase your question; I don’t understand what you are saying.
Mr. Kassay stated a department head is going to fill this form out but a CEO or someone in charge of human relations is going to be making that evaluation dealing with supervisors in each department. In this particular case you have five bosses here, not just one so how are you going to – are we each going to have to interview each employee and give a different evaluation.
Mrs. Nacerino stated the department heads will evaluate their own employees i.e., Rich will evaluate Missy…
Mr. Kassay stated what happens if we disagree with the department head’s evaluation.
Mr. Griffin stated then you put that on your department head’s evaluation.
Mrs. Nacerino stated I think we should entrust our department heads to evaluate accordingly. I don’t really think that now we’re going to second guess their opinions or what they say. I think every department head in every phase of work is paid to make those decisions and to evaluate properly. I think it would be ridiculous for us to say well I don’t know if they have the ability to properly evaluate. I don’t think that this is something that is just for corporate. I am a civil service employee and every single person in a school district, every bus driver, teacher, secretary and custodian gets a yearly evaluation. I think it’s imperative for us to have a baseline so we have some recourse at some point in time if need be and I think we should learn from past mistakes.
Mr. Williams stated how about the personnel committee evaluate all the employees with the department heads and then the personnel committee can evaluate the department heads and then the Town Board can review it all.
Mrs. Nacerino stated that’s fine. It sounds like a simple solution to me.
Mr. Griffin stated I like it.
All In Favor: aye. Carried.
Mrs. Nacerino stated after making these necessary revisions, Jerry and I are going to meet with the department heads and have these evaluations circulated before the end of January.
Mr. O’Connor stated another item says greet public courteously and provide public assistance. I think I would like to have that changed to greet public courteously and provides the correct assistance.
Mr. Herbst stated I’ve never been in this building where anybody has walked in and asked for assistance where somebody has been outright nasty.
M2D3 CORPORATION – TAX CERTIORARI
Mrs. Nacerino introduced the following Resolution for M2D3 Corporation Tax Certiorari
R0107-05
PATTERSON TOWN BOARD
TOWN BOARD MEETING
WHEREAS, a tax certiorari proceeding was brought on behalf
of M2D3 Corp. for the 2001, 2002, 2003, 2004, 2005 and 2006 tax years,
regarding property designated as Tax Map No. Section 35, Block 4, Lot 62 in the
Town of
WHEREAS, the parties have agreed to settle the tax certiorari proceedings in accordance with the Consent Judgment prepared by Albert & Albert, the attorneys for M2D3 Corp., and
WHEREAS, the Town Board of the Town of Patterson has consulted with the tax assessor of the Town of Patterson and the Town Attorneys in the settlement of this matter, and
WHEREAS, the Town Board of the Town of Patterson wishes to authorize the Town Attorneys, Curtiss, Leibell & Shilling, P.C., to sign said Consent Judgment on behalf of the Town of Patterson, a copy of which is attached hereto, and
WHEREAS, the Town Board of the Town of Patterson further wishes to authorize the Supervisor to seek financing, if necessary, to pay the judgment after entry, at an interest rate not to exceed SEVEN (7%) percent;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Town Attorneys, Curtiss, Leibell & Shilling, P.C., to sign said Consent Judgment on behalf of the Town of Patterson, a copy of which is attached hereto, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to seek financing, if necessary, to pay the judgment obtain by Petitioner at an interest rate not to exceed SEVEN (7%) percent.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
OTHER BUSINESS
None.
PUBLIC RECOGNITION
None.
There being no further business, Mr. O’Connor made a motion
to go into Executive Session at
Seconded by Mr. Herbst. All In Favor: aye. Carried.
Mr. O’Connor made a motion to close Executive Session
at
Seconded by Mrs. Herbst. All In Favor: aye. Carried.
There being no further business, Mr. Herbst made a motion
to adjourn the Town Board meeting at
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
Respectfully submitted,
________________________________________________
ANTOINETTE KOPECK, TOWN CLERK