PATTERSON TOWN BOARD MEETING

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

December 22, 2010

MINUTES

PRESENT: MICHAEL GRIFFIN, SUPERVISOR

KEVIN BURNS, COUNCILMAN

JOSEPH CAPASSO, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

EDMOND O’CONNOR, DEPUTY SUPERVISOR

ANTOINETTE KOPECK, TOWN CLERK

TIMOTHY CURTISS, TOWN COUNSEL

Salute to the Flag and Roll Call.

Supervisor Griffin called the Patterson Town Board meeting to order at 8:45 p.m. with 20 in attendance.

AUDIT OF BILLS

Mrs. Nacerino made a motion to accept the Abstract as written:

General Fund $52,062.84, Highway Fund $12,851.17, Waste Water Treatment Plant $10,752.40, Capital Fund $198,599.04, Patterson Refuse District #2 $24,888.12, Deerwood Drainage District $17.35, Patterson Park District $336.34, Alpine Water District $619.70, Dorset Hollow Water District $786.40, Fox Run Water District $125.00, Grand Total Abstract $301,038.36.

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

GINNY NACERINO

ADVERTISE FOR RECREATION LEADER

Mrs. Nacerino stated at the last meeting we approved the position of a part-time Recreation Leader. I would like to authorize the Town Clerk to advertise for this position and Antoinette if you could advertise for this position and have the resumes go to Ray Blanar’s attention.

SWEARING IN CEREMONY FOR JUDGE MOLE´

Mrs. Nacerino stated on January 1, 2011 will be the swearing in for the Honorable Judge Anthony Mole´. All are invited to attend at 11:00 a.m. at the Town Hall.

HOLIDAY FESTIVITIES RECAP/THANK YOU

Mrs. Nacerino stated on December 11, 2010 we held breakfast with Santa down at the Recreation Center. It was the best attended so far. Close to 200 families. Ray Blanar wrote a

memo to thank all who helped.

RFP FOR ATTORNEY

Mrs. Nacerino stated two weeks ago Rich Williams was asked to prepare the request for proposals for legal services. We advertised and the Board has had a chance to peruse the request for the proposal. It has been sent out and is now ready to be posted on the website. I don’t think we will be appointing on January 1, 2011 at the Organizational Meeting so that will be tabled until all who want to submit proposals and then we will prepare interviews.

RECREATION REQUEST(S)

Mrs. Nacerino made a motion to approve the request from Recreation for ten (10) 60” round folding tables from HD Supply Company for $1,621.88. Two quotes were obtained. Supervisor Griffin and Paul Fava obtained a grant which was sponsored by Senator Rubin Diaz.

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

Mrs. Nacerino made a motion to approve forty (40) beige vinyl chairs. Two quotes were obtained. The lower quote was $759.60 from CSN Stores.com.

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

Mrs. Nacerino made a motion to approve Steven Dinucci for a sum not to exceed $1,303.00 for 114 basketball jerseys. Two quotes were received.

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

Mrs. Nacerino made a motion to approve 37,090 copies of winter flyers. Two quotes were obtained the lower being $979.92 from AVP.

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

Mrs. Nacerino made a motion to approve 4,450 program flyer packets for schools for $979.92 from AVP.

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

Mrs. Nacerino made a motion to approve $6.45 for a total of $612.75 for trophies from Crown Awards.

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

Mrs. Nacerino made a motion to support the recommendation of Ray Blanar to upgrade the title of Justin Langlois from Junior Staff to Senior Staff at $10.00.

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

HIGHWAY REQUEST(S)

Mrs. Nacerino made a motion to approve the purchase of the copy/fax machine for the Highway Department from Newbauer AVP for $1,221.04 and $201.04 for the paper tray and $195.00 per year for the service contract per year.

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

Mr. Capasso stated for how many years.

Mrs. Nacerino stated four years.

Mrs. Nacerino stated I have a memo from Gene Brandon regarding purchasing Tenco Parts. Tenco was the least expensive. We would like to order a gear box, shaft, sprocket, coupler for a total of $645.99.

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

Mr. Griffin stated for your information, Trish and I went over the Highway budget year to date and they are doing very well. Unless we have a major calamity over there, we will finish with a substantial amount of money left in there.

KEVIN BURNS

BUDGET TRANSFER(S)

Mr. Burns made a motion to approve Budget Requests No. 59 through 68 as written:

No. 69

From: A.1110.450 Justices – Training ($360.00)

To: A.1110.400 Justices – Contractual $360.00

No. 70

From: A.7146.109 Recreation – Bowling Program.PS ($800.00)

A.7146.114 Recreation – Camps.PS ($2,050.00)

A.7146.101 Recreation – Softball.PS ($200.00)

To: A.7146.108 Recreation – Sports.PS $800.00

A.7146.120 Recreation – Special Events.PS $200.00

A.7146.136 Recreation – Children’s Programs.PS $2,050.00

No. 71

From: SP.7110.100 Park Personal Services ($500.00)

To: SP.7110.400 Park Contractual $500.00

No. 72

From: A.1355.400 Assessor Contractual ($300.00)

To: A.1355.200 Assessor Equipment $300.00

No. 73

From: A.7140.200 Recreation – Equipment ($2,000.00)

A.7146.450 Recreation – Training ($2,000.00)

To: A.7146.108 Recreation – Sports.PS $1,000.00

A.7146.136 Recreation – Childrens Programs.PS $2,000.00

A.7146.137 Recreation – Senior Programs.PS $500.00

A.7146.420 Recreation – Special Events Contractual $500.00

No. 74

From: A.6772.420 Putnam Lake Program for the Aging ($200.00)

To: A.6722.400 Senior Citizen Outreach Program $200.00

No. 75

From: A.2116.300 Engineer Plan Review ($60,000.00)

Revenue Account

To: A.1441.400 Engineer Review Contractual ($60,000.00)

Expense Account

No. 76

From: A.3089.004 Recreation Grant – Office of the Aging $5,000.00

Revenue Account

To: A.1623.200 Buildings – Equipment $5,000.00

Expense Account

TIME OFF/CONFERENCE REQUEST(S)

Mr. Burns made a motion to approve five (5) time-off requests and one (1) carry-over as written.

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

QUARRY ACCESS ROAD – DISCUSSION

Mr. Burns stated I have a memo from the Patterson Fire Department which is accompanied by signatures of residents of Burdick Road:

The residents of Burdick Road are requesting the fire department in order to make it more livable for us on this road to allow Peckham Blacktop Plant easement access to cross the property owned by the department to connect with Quarry Road. The new company RCA Industries has leased the plants and will be running the plant on the continuous operation making a cold patch material. There will be huge increase in truck traffic in and out of Burdick Road. This alternate road will take the traffic off Burdick Road and divert it into Quarry Road. Both Peckham Industries and RCA have agreed to this and it will be a solution to the traffic problem on Burdick Road and will help the fire department. We met with Supervisor Griffin and Building Inspector Nick Lamberti and Rich Williams of the Planning Board and they also endorse the plan.

Mr. O’Connor stated it seems like the obvious thing to do.

Mr. Griffin stated I think it is incumbent on Peckham or their lessee to generate the plan. It will have to go to the D.E.C. for approval and as of right now I don’t know if we got a response from the Fire Department.

Mr. Williams stated it boils down to being a site plan issue. They are going to have to amend their site plan to show an alternate driveway access. They are also going to need wetland permits from the D.E.C. and the Town of Patterson. I believe the engineer record for the property is currently reviewing potential access points. He is going to take a look at it. When he gets something more concrete, he will come to the Planning Board seeking to move it forward.

BACKUP FOR SERVER

Mr. Burns stated we have a memo from the Town Planner. Apparently there is a problem they encountered when they upgraded the backup software from Symantec 10 to Symantec 12.5. The newer version is more sensitive and requires a SQL agent to run properly. Since we do not have this agent once the backup identifies a SQL database it skips the database and reports an error. Laserfische used by the Town is a SQL based database. The software add-on to correct this issue is $685.00 and will take approximately 15-30 minutes for Wayne Frick to install.

Mr. Burns made a motion to authorize the Town Planner to expend a sum not to exceed $685.00 to purchase the software.

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

FOX RUN PHASE II ZONING CHANGE

Mr. Burns stated I have a memo from the Planning Board:

At a Planning Board meeting held December 2, 2010, a recommendation was made to consider a zoning change for the Fox Run Phase II Development. The Planning Board requests that the Town Board favorably consider changing the zoning from R-4 to Multi-family zoning, with the request that the multi-family housing be limited to age restrictive development.

Mr. Griffin stated we can put this on for January 12^th and start the process at that point.

Mr. Williams stated we have done the basis of the work but there is still a lot that needs to be done.

Mr. Burns made a motion to authorize the Town Planner to move forward and work with Town Counsel as outlined.

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

JOSEPH CAPASSO

HIGHWAY WOOD STOVE POLICY – DISCUSSION/ADOPTION

Mr. Capasso stated the wood stoves at the Highway Department have to be manned during the weekend to keep the heat going. Previously they were doing this on a voluntarily basis. Things have changed and they want to get paid for it now. Mr. Griffin had a meeting with the Union Delegate and the Highway Department. We are going to have a man come in for two hours on Saturday in the morning and the same man come in on Saturday night. It has to be manned twice a day for an hour each. They will be compensated with time off but only during the summer months, a compensation time exchange.

Mr. Griffin stated normally any time you come outside of the normal work hours, it is a standard four hour call out. They have waived that. After having a discussion with Trish you have to pay them what would be the normal rate of pay for that period of time.

Mr. Curtiss stated which would be time and a half or double time.

Mr. Capasso stated but they are not asking for time and a half or double time.

Mr. Griffin stated if they work an hour to load the stove they will be compensated two hours of comp time.

Mr. Capasso introduced the following Resolution of Acceptance of Agreement For Maintenance of Wood Stove at Highway Department:

R-1210-08

WHEREAS, the Town Board of the Town of Patterson has received the attached Memorandum of Agreement regarding compensation of the employee scheduled to maintain the wood furnace at the Patterson Highway Department; and

WHEREAS, said Memorandum of Agreement has been approved by the Union and the Supervisor; and

WHEREAS, the Town Board of the Town of Patterson wishes to approve the Memorandum of Agreement; and

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the attached Memorandum of Agreement regarding compensation of the employee scheduled to maintain the wood furnace at the Patterson Highway Department; and

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

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

Mr. Capasso stated there are two wood stoves at the Highway Department and the bigger one has developed a leak. It needs to either be replaced or we come up with an alternative heating method. I don’t know if I would go with the wood stove again. I would like to come up with an alternative like waste oil, natural gas or propane. Mike is going to call NYSEG to see if they will move the gas line down to the facility for us. That would be much cheaper and a more effective way to heat that building. It would eliminate the pollution that people are complaining about. The cost to replace the old one is about $15,000.00.

Mr. Russ Goff stated you have to add water to it every third day, maybe more than 100 gallons. The leak is in the jacket. We get the wood for free. You would have to do the math and figure it out. It is about $15,000.00 for the stove and they only last 10 years and that is about how old this one is. It would be about $1,500.00 a year or a little more.

Mr. Capasso stated plus the manpower.

BONIELLO RELEASE OF BOND

Mr. Capasso introduced the following Resolution for Reduction of a Performance Bond for the Gus Boniello a.k.a. 311 Group Subdivision:

R-1210-09

WHEREAS, Gus Boniello, owns a parcel of land on Fair Street identified as tax map #23.-1-2, and

WHEREAS, the Gus Boniello Group has posted a bond in the amount of $118,000.00 as surety to guarantee the construction of certain improvements, including road work and drainage as shown on the final subdivision plat and construction drawings approved by the Patterson Planning Board on September 26, 1985 entitled 311 Group Subdivision; and

WHEREAS, the Town Engineer has certified that construction of said improvements has been completed, and

WHEREAS, the Planning Board on September 3, 2009 made a recommendation to reduce the performance bond to 10% of the original bond amount to act as surety as a maintenance bond for a period of one year, and

WHEREAS, Mr. Gus Boniello as the owner of the 311 Group Subdivision has requested that the bond or other surety for the 311 Group Subdivision be released

WHEREAS, more than one year has passed since the Town Board reduced the performance bond to 10% of the original amount, and.

WHEREAS, the Planning Board has reviewed the condition of the subdivision improvements and has recommended that the performance bond be released in its entirety.

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby directs that the remaining performance bond or security posted for the 311 Group Subdivision be released, and

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

MICHAEL GRIFFIN

YEAR END RESOLUTION

Mr. Griffin introduced the following Year End Resolution:

R-1210-10

BE IT RESOLVED that all bills audited by the Town Board of the Town of Patterson be paid and authorization be given for bills and encumbrances that might arise through December 31, 2010, and

BE IT FURTHER RESOLVED that all transfers be automatically approved by the Town Board subject to their review at the new Town Board Meeting. Budget transfers as of December 31, 2010 are to be attached in the Minute book.

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

CAMARDA AGREEMENT - RESOLUTION

Mr. Griffin stated I presume everyone had time to read and review this. Tim and Rich have worked on this over and over again. Does anyone have any questions.

Mr. Curtiss stated I have one concern. It deals with both agreements, the Camarda and the Interstate. I got the documents from the D.O.T. and I wasn’t aware that in their resolution we actually have to put up $1.5 million and designate the fund that we are taking it from.

Mr. Griffin stated we have to designate where the money is coming from. We don’t have to go out and borrow the money yet.

Mr. Curtiss stated that is true. You have to designate how you are going to get the money. I spoke to Trish today to do the resolution because I have to know where the funds are coming from and she wasn’t sure but it would probably be a Revenue Anticipation Note.

Mr. Griffin stated that is correct.

Mr. Curtiss stated it is still putting taxpayer’s money at risk. What I am concerned about is, in the Camarda agreement you are putting $1.5 million at risk at some point and he is just paying the expenses. That is a very inexpensive loan. You are putting money at risk and you are not getting any return on it. I don’t want you to get criticized because that is a deal that everyone would like to get. I think you will get reimbursed and you will be fine but the bottom line is you have to be aware that the $1.5 million at some point has to be put up. You have to put it at risk.

Mr. Griffin stated if you read the agreement it says he will pay all expenses associated with that (inaudible).

Mr. Curtiss stated that’s true.

Mr. Griffin stated there is no risk for the Town.

Mr. Curtiss stated well, that is what I am concerned about. You can never say never. The issue is going to become if there is some issue in the project or there is a dispute with the State with reimbursement you are in that quandary. My real concern is you are putting up $1.5 million and not getting anything in return other than you expenses.

Mr. Burns stated what would be a remedy for that. Could we require him to post a performance bond to the extent that we get stuck.

Mr. Curtiss stated the bonding part is also true. You’re basically taking taxpayer’s money and putting it at risk without any return. I would like the opportunity to speak to the Comptroller about that because I’m not sure they are going to be on board with that. I know it is a grant and if we were just doing this for the Town, we are really just coming in as a sponsor so this project could get built and I think it should get built. I’m just concerned that you are putting this money at risk without any return whatsoever.

Mr. Griffin stated I’m not seeing what you are seeing in terms of a risk.

Mr. Curtiss stated the risk is you are going to have to go out and borrow the money.

Mr. Griffin stated eventually, after we go to bid and we accept the bid, then we have to make sure we have the assurances that the money is going to be there.

Mr. Curtiss stated you have to have the $1.5 million because you have to pay these bills until you get reimbursed. You have to get the money and have it on hand to pay the contractors until you get reimbursed from the State.

Mr. Griffin stated and all those associated expenses are going to be paid by Camarda Realty. Are you saying he should be paying us interest on top of that.

Mr. Curtiss stated I think that is a viable issue only because no one gets money for free. I would like to talk to the Comptroller about this.

Mr. Griffin stated Tim you had two weeks to do this.

Mr. Curtiss stated no I got the D.O.T. agreement yesterday. The Camarda agreement I don’t have a problem with, it’s the D.O.T. agreement that they are saying you have to put the money up.

Mr. Burns stated what modification can we make to the agreement.

Mr. Curtiss stated I think I would like to have the Comptroller pass muster on this that we can do this and it is ok. Number two; when does the money actually have to be put up. If it is at the time of the award of the bid and it is going to be, as Mike thinks, a pass through that you have to pay these expenses and get reimbursed within 69 days.

Mr. Griffin stated based on the Camarda agreement and everything we negotiated.

Mr. Curtiss stated but you don’t know what the time frame for the pass through is. You are dealing with the State, you are paying the contractor, then you have to submit the vouchers to the State and the State has to pay you. Do we know what that turnaround time is.

Mr. Griffin stated there is double the amount of money in the holding account that we anticipate the cost of borrowing the money to be about $21,000.00. There is $50,000.00 guaranteed by Camarda Realty with a provision in the agreement that says he will put up any additional funds that are required. I’m not seeing what you are seeing. Rich do you have a different take on this.

Mr. Williams stated yes and no. I think Tim is absolutely right. Certainly no matter how you structure this, there is going to be some risk for the Town. Paul Camarda defaults on his agreement, the State defaults on their agreement and we are left holding the bag at some point. Having said that, I think we structured an agreement that is about as safe as anyone is going to make it. We are getting reimbursed and getting reimbursed for the costs of the Anticipation Note for the financing. We have done the best job that we can do at this point with an agreement. You might want to approve it subject to Tim’s getting an approval from the Comptroller on the agreement and we can move it forward. You are not going to get a better agreement than you got now. Tim is right, there is going to be some risk in this but there is nothing you can do to take risk away.

Mr. Griffin stated short of Paul Camarda going out of business, I am struggling to see it.

Mr. Curtiss stated in this market.

Mr. Williams stated there is an escrow account and if I recall correctly there is a letter of credit which is a little bit safer than a bond. If it goes over, he still has to reimburse the Town for anything over what we anticipated. We increased the number from $30,000.00 to $50,000.00 for financing and administration.

Mr. Curtiss stated and another $50,000.00 (inaudible).

Mr. O’Connor stated the only risk we have is if the State of New York defaults.

Mr. Williams stated actually that is Federal Funding.

Mrs. Nacerino stated I thought this project was attractive to the Town because there would be no fiscal impact upon the taxpayer’s. I think we should have Tim check with the Comptroller before we move forward.

Mr. Burns stated we put it out to bid and it comes back and then we award the bid, at that point we then build the project.

Mr. Curtiss stated correct.

Mr. Burns stated whose money are we spending.

Mr. Curtiss stated yours.

Mr. Burns stated and where does that money come from.

Mr. Curtiss stated you have to do a Revenue Anticipation Bond.

Mr. Burns stated okay so now we have a bond for $1.5 million note. We finish the project and eight months later we go to the State and we say pursuant to our agreement, pay us back and they say sorry we are bankrupt we can’t pay you.

Mr. Griffin stated no.

Mr. Burns stated what is the next step. Where does it fall apart.

Mr. Andrew Brodnick, General Counsel of Camarda Realty stated the multi-modal funds are set aside in a separate account in New York State. This is not a situation where the Town would stand as a general creditor making a claim or a request for reimbursement from the State. This money is set aside and earmarked for that purpose for that $1.5 million.

Mr. Burns stated an act of Congress couldn’t remove those funds from the multi-modal account.

Mr. Brodnick stated you are getting a little bit over my head on that one. We have been specifically advised that it is not a situation where the money is coming out of the General Fund.

Mr. Griffin stated the money is in the bank. We are signing a contract with the State of New York. The bottom line is the State is contracting with the Town of Patterson to reimburse us up to $1.5 million for this approved project.

Mr. Burns stated when do they do that.

Mr. Griffin stated as we submit the bills.

Mr. Burns stated when do they become contractually obligated.

Mr. Griffin stated when the Board authorizes me to sign the contract we go to the State and they are contractually obligated to pony up the $1.5 million.

Mr. Burns stated when we put it out to bid and we build it, we sign the contract to accept, you bill and build the project. Do we then go to the State at the same time or do we go six months later.

Mr. Williams stated we have the contracts now, the contracts will be signed shortly. There are two or three resolutions here tonight. One of them is in contemplation of signing the contract.

Mr. Burns stated backing up to Tim’s concern, where does it fall apart for you.

Mr. Curtiss stated I have two issues. When I looked at D.O.T. I didn’t know when we have to pony up this money, how long we are going to be holding this money at risk and how long until we are going to be repaid. The other issue is Camarda Realty falls apart, you are on the hook.

Mr. Burns stated for carrying costs.

Mr. Curtiss stated for the $1.5 million until you get reimbursed.

Mr. Griffin stated no we are not. The State of New York is on the hook for $1.5 million. Camarda Realty is posting to the Town of Patterson $100,000.00. $50,000.00 to pay all the soft costs for the engineering etc. to get us to bid and $50,000.00 to guarantee we can pay all of our borrowing costs and legal fees associated with that borrowing. There is no financial risk to the Town. He has to post all of this before we sign the contracts with the State. That money has to be in place before the Town of Patterson Supervisor will sign one single contract with the State of New York. That money is ours. That will essentially be money in our bank. At that point, I will sign the contract and we will put the project out to bid.

Mr. Curtiss stated ok. I will speak with the Comptroller.

Mr. Bruce Major stated isn’t the benefit the State of New York. Is the State of New York D.O.T. giving you $1.5 million to do improvements on Paul Camarda’s land on State D.O.T. land.

Mr. O’Connor stated State D.O.T., the highway.

Mr. Major stated I understand those improvements assist his project, but the improvements are actually on state land. It’s going to correct the erosion issues coming off of I-84. There are some environmental issues that are going to be taken care of which the D.O.T. has been negligent in taking care of. By them giving you this $1.5 million it is actually assisting them from getting out from under the fact that they haven’t properly maintained their own road.

Mr. O’Connor stated pretty much.

Mr. Griffin stated the other presumption is that it is going to benefit Paul Camarda if and when this project gets built.

Mr. Brodnick stated there will be $100,000.00 that will be posted to protect the Town for any overruns. We are putting our money up and we will cover anything in excess of the $1.5 million.

Ms. Dede Lifgren stated Mr. Camarda is benefiting because he was originally going to pay for it and now the State is going to pay for it.

Mr. Griffin stated he is going to pay for it at a point in time where he builds out his project.

Mr. O’Connor stated that might never happen.

Ms. Lifgren stated but you said he is not going to benefit and if he does do the project it will be a great benefit to him.

Conversation ensued.

Mr. Griffin introduced the following Resolution of Acceptance of Agreement with Camarda Realty Investments, LLC (Multi-Modal Project) subject to Tim’s conversation with the State Comptroller.

R-1210-11

WHEREAS, The Town of Patterson and CAMARDA REALTY INVEST-MENTS, LLC wish to enter into the attached Agreement in connection with a project to construct additional turning lanes at the Interstate 84 and New York State Route 311 interchange (the “MM#4 Project); and

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the attached Agreement with CAMARDA REALTY INVEST-MENTS, LLC; and

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

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

RT 311/INTERSTATE 84 MULTI-MODIAL CONTRACT - RESOLUTION

Mr. Griffin introduced the following Resolution Authorizing Implementation, and Funding in the First Instance of the State Multi-Modal Program-Aid Eligible Costs, of a Capital Project, and Appropriating Funds Therefore, subject to Tim’s conversation with the State Comptroller:

R-1210-12

WHEREAS, a Project for the additional turning lanes at the I-84 and State Route 311 interchange and improvements to State Route 311 from I-84 to the Patterson Crossing access drive, P.I.N. 8ME047.30A (the “Project”) is eligible for funding (under Title 23 U.S. Code, as amended and) New York State’s Multi-Modal Program administered by the NYS Department of Transportation (“NYSDOT”); and

WHEREAS, the Town of Patterson desires to advance the Project by making a commitment of advance funding of the non-local share and funding of the full local share of the costs of the Project; and

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby approves the above-subject Project; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Town of Patterson to pay in the first instance 100% of the federal and non-federal share of the cost of construction work for the Project or portions thereof; and

BE IT FURTHER RESOLVED, that the sum of $1,500,000.00 is hereby appropriated from h.3505, Capital Fund State Aid Multimodal Transportation Program and made available to cover the cost of participation in the above phase of the Project; and

BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Town Board of the Town of Patterson shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town Supervisor thereof; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Patterson hereby authorizes the Supervisor to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the Town of Patterson with the NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of local share of federal-aid and all Projects costs that are not so eligible, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any required and/or appropriate agreements executed in connection with the Project between the Town of Patterson and the State of New York; and

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately.

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

MS4 – UPDATE/DISCUSSION/ADOPTION OF RESOLUTION

Mr. Griffin stated MS4 is an environmental program. It is municipal separates, stormwater sewer system and basically it is an unfunded mandate by the E.P.A. through the New York State Department of Environmental Conversation to essentially protect New York City’s drinking water. The County of Putnam is partnering with the County of Westchester to file a law suit against New York State and City that we believe New York City is the benefactor of what we are being required to do and are paying virtually nothing for the cost associated. An over ten year program is approximately $190 million. The MS4 Coordinating Committee, Rich Williams in particular has put together a resolution that states our grievances and our reasons for wanting to move forward with a law suit as well as a complete table of who is going to pay how much in the first phase of the litigation aspects, which is $30,000.00 total. The Town of Patterson will be asked to put up $2,545.68 towards that. This is based on a percentage of land in the water shed and is subject to height and regulations.

Mr. Griffin introduced the following Resolution for Putnam County MS4 Coordinating Committee Resolution to Retain Legal Representation:

R-1210-13

WHEREAS, pursuant to General Permit No. GP-0-08-002, as amended, the NYS DEC has mandated that the towns and counties located in the NYC East of Hudson watershed implement a stormwater program which includes a stormwater retrofit program, and

WHEREAS, the Putnam County MS4 Coordinating Committee has identified that the cost to Putnam's municipalities for implementation of just the stormwater retrofit program will exceed $ 190 million, and

WHEREAS, the cost of the MS4 Stormwater Retrofit Program is unaffordable by Putnam's municipalities, and otherwise exceeds the "maximum extent practicable" standard established by the Clean Water Act, and

WHEREAS, the purpose of the Stormwater Retrofit Program is to reduce phosphorus in stormwater runoff to levels sufficient to meet the total maximum daily loads for the New York City Reservoir system, and

WHEREAS, the primary beneficiary of the Stormwater Retrofit Program is New York City, and as such Putnam's Towns and County should be compensated by those primarily benefitted, and

WHEREAS, Putnam's Towns and County wish to jointly participate in retaining legal representation to ensure that any legal rights and obligations including, but not limited to compensation for implementation of the Program are protected, and

NOW THEREFORE BE IT RESOLVED that the (NAME OF MUNICIPALITY) agrees to participate in a fund to retain legal representation to protect the rights of said municipality subject to the following conditions;

1. The contribution of said municipality shall be limited to, and in accordance with the East of Hudson Municipalities Allocation of Expenses Table attached hereto.

2. The financial obligation of any of the municipalities set forth in the Allocation of Contributions Table not wishing to participate shall be equally divided amongst the remaining municipalities participating in the legal action.

3. Attorneys retained to represent the Towns and County pursuant to this agreement shall provide monthly updates to each of the participating municipalities unless a more frequent update is otherwise warranted

4. Each of the towns shall be represented by the Supervisors of said Town and shall be entitled to one vote.

5. The County shall be represented by the County Executive, or such other individual as appointed by the County Legislature and shall be entitled to one vote.

6. Any expenditure, budget, legal agreement or legal strategy shall require a 2/3 majority vote by the Towns and County.

7. The County shall pay all obligations incurred pursuant to this resolution.

8. Each Town shall reimburse the County within thirty days for their portion of the expenses for legal representation incurred which have been duly approved by the Supervisors and the

9. County as set forth herein, upon receipt of an invoice showing the full expense for which reimbursement is sought, and a detailed description of the work performed, and documentation that the invoice has been paid by the County.

The total contribution authorized by this resolution shall not exceed $2,545.68.

EAST OF HUDSON MUNICIPALITIES

ALLOCATION OF EXPENSES*

December 13,2010

"Prepared by the Patterson Planning Department

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

CELL PHONE CALL OUT LIST – DISCUSSION

Mr. Griffin stated we are losing two of our potential emergency responders come January 1, 2011. I am required by the alarm company to give them names of four individuals that can be available on a 24-7 basis. I am one of those people, Dave Raines is another and I need two others. I’m looking for volunteers.

Mr. O’Connor stated what about the other two we had.

Mr. Griffin stated since their cell phones were being removed, one has indicated that he never had a cell phone and has no plans on getting another one and the other individual is uncomfortable because it is his personal phone.

Mr. Capasso stated I will be on the list.

Mr. Burns stated I will be on the list.

Mr. Griffin stated ok.

EXECUTIVE SESSION - PERSONNEL

Mr. Griffin stated I will cancel my Executive Session – Personnel since the Attorney doesn’t have all the answers I was looking for.

EDMOND O’CONNOR

DISTRICT NO. 1 GARBAGE BID – DISCUSSION/AWARD CONTRACT

Mr. O’Connor stated we had a five year contract for $24.50 per month per household. The only bid was from Sanit Pro at $15.65. $187.00 per year compared to $294.00. They offered the same price of $15.65 for either a one year contract, three year contract or five year contract with no inflation. This would be a savings of $110.00 per year if we accept this bid. They do the Town of North Castle, Southeast, Metro North etc. Their references are outstanding. They are the biggest in the area.

Mrs. Nacerino stated can we entertain just one bid since we have nothing to compare it to.

Mr. O’Connor stated yes.

Mr. Bruce Major stated I would like to go over a few things. You are aware that on the 14^th of October I did make comments about the process you were going through. I voiced my concern. This past Monday I did provide to each of you my feelings written out with some documentation. I waited until Monday, because I did not want to interfere with the bidding process, so that is why it was provided to you on Monday. I also provided it to the news print so they would have an opportunity to look at it as well. I do have some questions and concerns. First, I have no problem with Sanit Pro. What I mean by that is this may be the very best bid that you could get, but then again it may not be the very best bid you could get. Back on October 27^th Mike you stated to the Board, “please review the garbage bids and let me know if you have any comments. “ I spoke with Tim Curtis about this and we cleared up a couple of things. One of the things was the bid specification questionnaire. You then went on to say you would like input from the Board and you also indicated that if someone wanted to meet with you or Tim it could only be one other Board member.

Mr. Griffin stated at a time.

Mr. Major stated what I would like to know from each Board member is after reviewing the document that Mr. Curtiss provided to you, did you make any changes to that bid document.

Mr. O’Connor stated no.

Mr. Burns stated I think the only comment I made was whether or not the questionnaire had to be separate or incorporated in the bid.

Mr. Capasso stated Mike and I had a few conversations in his office. I did not change anything.

Mrs. Nacerino stated no I did not.

Mr. Griffin stated Ed and I sat with Tim and we made extensive changes because my comment was you had a bidder information form and questionnaire and there was a great deal of redundancy in the two. The conversation Joe and I had was basically with the same issue. Why are we asking them this question here and this question there. I met with Tim and we did away with the bidder information form. A lot of the redundancy was removed.

Mr. Major stated I’m sure you are aware that I do Foil everything. I Foiled a copy of Southeast’s bid document from 2009 and I requested a Foil of your bid document. What I would like to provide to you right now is a copy of your questionnaire, because that is the area that I had concerns with. From my document you would be well aware of why I had those concerns.

I took both questionnaires, put them side by side and anything that was removed from the Southeast questionnaire is indicated in blue.

Mr. Major continued to discuss his concerns with the garbage bids.

Mr. Griffin stated we have until the end of February to accept their bid. Would you be comfortable holding off until the 12^th of January.

Mr. O’Connor stated yes I’m comfortable with that.

Mr. Burns stated how long is the bid good for.

Mr. Griffin stated 90 days.

Mrs. Nacerino stated what is going to change between now and January.

Mr. Griffin stated a conversation we should have with a different attorney, with all due respect.

Mr. Curtiss stated that is fine.

Mrs. Nacerino stated we have time on our side.

Mr. O’Connor made a motion I would like to postpone accepting the bid for Garbage District No. 1 until the meeting on January 12, 2011.

COURTHOUSE FURNITURE

Mr. O’Connor made a motion to approve the purchase of seventy-eight (78) barrel back chairs from Sauder Furniture for $11,381.54.

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

Mr. O’Connor made a motion to approve Tri-County Window coverings for four (4) levolor 1” blinds for $518.20.

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

TOWN HALL/COURTHOUSE PARKING LOT – TEMPORARY PAVEMENT MARKINGS

Mr. O’Connor made a motion to contact A-1 Line Painting for a total of $736.00 to line the entire parking lot parking spaces and handicapped spaces for the Town Hall and Courthouse.

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

DEFENSIVE DRIVING SAFETY COURSE – EMPLOYEE CLARIFICATION

Mr. O’Connor stated there have been some questions as to whether or not the Defensive Driving Safety Course was appropriate. I would like to make a few comments. It is for personal gain of the employee. The state lowers points, the insurance companies lower the costs. A lot of employers that I know provide the classes for New York City. Statistically people take this course on a subscribed basis. We asked Tim Curtiss and it is legal to do it exactly the way we did. The great majority of the people who took the class do drive on either regular or an occasional basis. Even Antoinette Kopeck, Town Clerk drives everyday to the post office. We did have a few outsiders take the class and they paid for all the expenses. By having more people in the class it benefits us because we get a better price. The cost is $8.30 per year for each employee over the three years. I think it is a good decision to do it this way. This is the way we have been doing it for years.

Mrs. Nacerino stated I have a few comments since I’m the one who challenged this. It is not because I think this is a program that shouldn’t be offered. I signed a voucher three years ago approving this but unbeknownst to me I was remiss in not realizing that the employees were taking this course during the work day. My question was more geared whether it was appropriate to allow employees to take a day off from work. The personal gain is realized in their own car insurance rate. I know there is an advantage of safe driving. The County does offer this and I acknowledge that. There are over 75% of the employees who use County vehicles as part of their job descriptions. I don’t see a lot of reimbursements for people who use their personal vehicle on the Town level. I asked Tim what his opinion was and should we be going forward to offer this course. I think we should offer the course but do we offer it in-lieu of a work day.

Mr. Curtiss stated Public Sector Human Resources Consultants, stated yes, it is a good course and yes the employees should take it but it should be on their own time.

Mr. O’Connor stated it is an opinion.

Mr. Curtiss stated yes, it is an opinion.

Mr. Nacerino stated we could call the Comptroller, we are getting audited. We all have our opinions and I am of the opinion that we should not use a work day to take a course such as this which is not related to a specific job.

Mr. O’Connor stated you can’t just say that if a person doesn’t submit mileage that they don’t drive.

Mrs. Nacerino stated it is not evident to me that they drive.

Mr. O’Connor stated I have worked with this Town for over 20 years and I have never put in for a nickel of mileage. When I was the Assessor and I have driven hundreds of miles, I never put in for it.

Mrs. Nacerino stated I understand that.

Mr. Griffin stated the Town Board needs to develop a policy on this. There has been a lot of confusion and it opens up a whole plethora of questions as to what we should or shouldn’t be paying for, what training we should or shouldn’t or professional memberships or organizations or magazines. This needs some debate.

OTHER BUSINESS

Mr. O’Connor stated the Highway Department will be picking up Christmas trees on January 13th and 14^th, 2011. The snow date is January 20^th and 21^st, 2011.

Mr. O’Connor stated we would like permission from the Board to close Club Court for the months of December, January and February and open it up in March.

Mrs. Nacerino stated do you want to post a sign saying that.

Mr. O’Connor made a motion for permission from the Board to close Club Court and put up signs stating the closing for December, January and February and open up in March.

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

ENVIRONMENTAL TIP

Cut back on wrapping paper waste by placing gifts in reusable bags or baskets. It you prefer to use wrapping paper, try to find a brand that uses recycled content and reuse large pieces to wrap presents next year. Between Thanksgiving and New Years Americans reduce an extra two billion pounds of garbage per week, much of which is gift packaging. If 40% of US households reduce their holiday paper consumption by just two sheets this year, the savings could gift wrap Manhattan Island.

Mrs. Nacerino stated I wish everyone on behalf of the Town Board a Happy Holiday, Merry Christmas and a Happy New Year.

PUBLIC RECOGNITION

Mr. David Johnson, V stated Merry Christmas and Happy New Year.

ADJOURNMENT

There being no further business, Mr. Burns made a motion to adjourn the meeting at 10:45 p.m.

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

Respectfully submitted

___________________________________

ANTOINETTE KOPECK, TOWN CLERK