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Agricultural District Discussion Devolves into Accusation of Misrepresentation
Legislature clarifies position on Butterfield Hospital - 'not interested at this time'
by Margaret Sternberg
The February 6, 2007 County Legislature's Public Hearing concerning the admission of a property into the County's Agricultural District became the occasion of a verbal confrontation between Legislator Sam Oliverio, who represents Putnam Valley, and Putnam Valley Town Supervisor Sam Davis.
The property under consideration was in Patterson and owned by Pietro and Ana Ciotolo. Riverstone Farm in Philipstown had also been under consideration but was later withdrawn for consideration later this year.
Following a number of speakers, including a representative from the Agricultural District Board who supported the addition of the Ciotolo tree-farming property to the District, the Legislature voted for inclusion of the property.
Before the vote, however, Supervisor Davis spoke against inclusion of a property in the District; although he was told the property he referred to was in Putnam Valley and had not been subject for inclusion in the District that evening. Davis continued speaking, reading "it is distressing to me that our letter expressing reservations…" at which point Legislator Oliverio angrily objected to the wording of the letter, saying that the use of "our" implied that the Town Board supported Davis.
Oliverio said that he felt the use of the term misrepresented the feelings, "tenor" and intent of the Putnam Valley Town Board, berating Davis and that Oliverio himself had spoken with the other members of the Board who told Oliverio that "he [Davis] didn't know what he was talking about." Oliverio was then asked to hold his comments until the portion of the meeting for legislators to speak.
Legislator Vinny Tamagna spoke of his support for the District, extolling the benefits to the environment and specifically talking about how the District is vital to the replenishment of the Aquifer System. Tamagna said the development of the area has had a direct impact on how far down wells now need to be drilled and spoke of the extra costs associated with the drilling. Tamagna said the District helps alleviate some of the problems caused by development.
Legislator Oliverio resumed his scathing denunciation of Davis, saying that, "As a legislative body we should be weary and leery of individuals proposing or suggesting that they represent the tenor and the feel of their community or even their seated Town Board. When an individual comes forth and says, 'I don't think that should be made an agricultural district…and that individual is representing him or herself in the position, perhaps, of a Councilperson or a Supervisor, but the rest of the board is not in agreement, to me, that is not the town in favor of denying that request to that farmer, and that has been the situation so far."
Oliverio then asked that people verify whether the Putnam Valley Town Board was either unanimous or "even a majority" that wanted to see the property Davis had referred to excluded from the Agricultural District, adding that Oliverio knew "as a fact" that it was only one individual - and not the Board - who wanted the property excluded, closing with "that is not good governance."
In the subsequent vote, Legislator Robert McGuigan was absent and Legislator Tony Hay voted against the inclusion on the basis that there existed objections from the Town of Patterson that Hay felt should be resolved before the property was included. Hay stated that he felt there exists a conflict with "home rule" and that properties, once included in the Agricultural District, are outside the governance of their town and no longer can be compelled to resolve any disputes with their towns.
During the regular meeting of the Legislature that followed, a resolution was passed supporting the introduction and passage of legislation in the House of Representatives and the U.S. Senate requiring the Nuclear Regulatory Commission to conduct an Independent Safety Assessment of Indian Point that includes a vertical slice" of all operating systems; a "horizontal" review of all plant maintenance; that the review be conducted by independent experts and monitored by local officials, and that there be a "rigorous" reevaluation of the of the feasibility of the Indian Point evacuation plan.
Legislator Tamagna said the legislation represented the start of a "great challenge and a great opportunity." Tamagna decried the precautions taken several years before in the event of an incident at Indian Point, specifically referring to the issuance of Potassium Iodide pills that have since expired. He also opined that the evacuation plans are inadequate and questioned why Putnam County certified a checklist that "allows Indian Point to continue its operations." Tamagna said that he would monitor the issue of Indian Point and suggested the formation of a committee to deal with the energy issue.
Tamagna was joined in his concern by Legislator Oliverio and Legislative Chairman Dan Birmingham, who also cautioned that the issue was far greater and more extensive than county level.
In other business, the Legislature approved a resolution of "intent" with respect to a Request for Proposals ("RFP") from the Hudson Valley Hospital Center for the Butterfield Hospital property in Cold Spring. The resolution, unanimously passed, states that the County is in no financial position to buy the property and that "the County Legislature has no present intention to appropriate any County funds, issue any County indebtedness or undertake any commitment for the purchase of the Property pursuant to the RFP" The resolution also states that the "Legislature has no present intention to acquire any other real interest in the Property, either by leasehold or otherwise."
Also pertaining to Cold Spring, the full Legislature approved the rescinding of the tentative agreement on the Marathon Battery property that had been scuttled by outside counsel advice that was subsequently believed by the county attorney to have been in error. Legislator Tamagna asked legislative counsel Clement Van Ross to research the issue further and abstained on the vote pending further information from an independent counsel source.
The legislature also approved a bond resolution authorizing the county to purchase passenger buses at a maximum cost of $433,900 through the issuance of $433,900 in bonds of Putnam County.
The Legislature approved the granting of office space within the County Office Building to Congressman John Hall. Legislator Tamagna complained about the way the granting of the space had been done, calling it a "debacle" and warned that there was an ongoing reassessment of space needs within county departments that might result in the Congressman's offices being moved at a later date. Legislator Birmingham moved to amend the resolution so that the lease could not be amended without the prior approval of the Legislature, and the resolution was unanimously approved as amended.
The March Meeting of the full legislature will be posted on the PCN&R's website as soon as it becomes available.
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