Putnam Valley Residents Press for Public Comment Ability During Town Meetings
by Edward Paul Greiff

During the public comment period at the Putnam Valley Town Board meeting held July 16, 2008, John Cohen stood at the podium and directed his remarks towards Supervisor Bob Tendy saying that if he was not going to allow people to speak during the meeting when issues are being discussed, then perhaps they should have another meeting just for public comment where people can speak. "What's the sense of coming to a meeting if you can't say something," said Mr. Cohen. He stood there waiting for a reply, and then he asked, "What's the next step?"

Mr. Cohen's comment stemmed from an incident at the Town Board's July 9 work session when Dawn Powell, who was sitting in the audience, tried to comment about a topic being discussed. At that time Supervisor Tendy quickly told her, "This is a work session and public comments are not permitted."

At that same work session Councilwoman Wendy Whetsel read into the record a letter written by Councilwoman Priscilla Keresey. In the letter Councilwoman Keresey expressed her objections to Supervisor Tendy using his opening comments portion of the meeting to express his personal political viewpoints. Keresey wrote that Tendy inferred that his viewpoints were also the opinions of the Town Board.

Supervisor Tendy responded to the letter at the July 9 meeting by saying, "I agree, if you want you should have equal time to express your viewpoints, and if you want, you can also issue a disclaimer, but don't try to censure me, I have a right to say what I want." The same letter was again read into the record at the July 16 Town Board meeting by Keresey.

The message that seems to be emerging from these two meetings is that residents want to be part of the discussion process when a topic is brought up at a meeting. They neither want to wait until the public comment period, nor wait for a Public Hearing on the issue.

The last speaker during the public comment period of the July 16 meeting was former Councilman Dan Ricci. As he got up to speak and move towards the podium he made note of the time and commented how quickly tonight's meeting was going. He said his meetings never went this fast and inferred that Supervisor Tendy runs an efficient meeting.

"This never happened when I was on the Board," said Ricci. He also reminded Supervisor Tendy that when Tendy took office in January, he took an oath to uphold the Constitution of the United States, the First Amendment and Freedom of Speech. Ricci went on to explain how he believes it is important, in a democratic and free society, to allow people to express themselves even though they may sometimes cross over the line.

Tendy responded by saying that although some people would like to see a time limit set for public comment, he does not put a limit on what a person has to say during the public comment period.

Tendy compared meetings under his administration to the previous Supervisor's meetings. He said that they had been three and four hours long, but the public had ample opportunity to speak during the meeting. His own meetings are one to two hours long, and the public has ample opportunity to speak, just during the public comment period, and at public hearings.

The July 16 meeting was a short one with little business actually transacted due to two members of the Board being absent, and the Town Attorney, Bill Zutt being on vacation. However, Supervisor Tendy, Councilman Bob Cinque, and Councilwoman Keresey did discuss the following items and they are scheduled to be on the agenda for the August Town Board meeting:

Open Air Furnaces: residents are looking towards open air furnaces as a supplemental heating device. However, with those devices comes the potential for all sorts of problems such as what can you burn as fuel? What type of unit will provide the minimum and maximum safety features? What can the Town legally regulate, and enforce?

Supervisor Tendy said he has been receiving calls from people who would like to purchase one of these units but before they do they want to know what the Town laws are regarding such devices.

Littering: Walt Thompson, from Keep Putnam Beautiful, has been campaigning for a tougher County littering law. He would like to see the minimum mandatory fine for littering increased to $250. He would also like to see the courts impose mandatory community service time in addition to the fine. Mr. Thompson said that Putnam County Sheriff Don Smith has been very cooperative. Sheriff Smith has a policy that if you call the Sheriff's office with the license plate number of a car you observed littering, they will send a friendly reminder to that person that "we don't litter in Putnam County."

Supervisor Tendy questioned the legality of being able to impose mandatory community service, saying that was up to the judge. He also questioned who was legally responsible if you impose community service, and the person, while cleaning up the road, is hit by a car. These are issues to be discussed in August.

A Septic System Maintenance Law is something Lake Oscawana and Lake Peekskill residents in particular have been wanting for quite some time. The Town suggests that as part of good maintenance, homeowners should pump out their septic system once every two or three years. The problem is enforcing such a suggestion. "You can't just trespass on someone's property and inspect their septic system," says Tendy. "You know when a septic system has gone bad; it smells and sometimes the fields bubble over. Some type of law is needed, but this too is plagued with legal issues."

A Public Hearing has been set for Wednesday, August 13 at 6pm prior to the start of the Town Board Work Session to hear public comment regarding a new proposed law that would have the Town Board impose a civil penalty on all those seeking a variance from the Zoning Board of Appeals for construction completed without obtaining a building permit. Supervisor Tendy explained that many times a new person in town is not familiar with the laws and acts first instead of inquiring as they should. He feels that a modest civil penalty seems to be the answer.

The Planning Board would still like to see a law allowing them to approve minor site plan changes without going through the whole Site Plan approval process. This issue will be on the August agenda but Councilwoman Priscilla Keresey is still questioning "how you define minor?"

Marie Zarcone provided the humorous note of the evening when she read a political satire written by local artist Mario Mercado. Mr. Mercado humorously raises the question, "have we legislated ourselves to the point where nothing can be accomplished?"

Ms. Zarcone begins her story, "God asked Noah, who lives in Putnam Valley, to build an Ark, and to stock it with two of each type of species before He sends down 40 days and nights of rain. The day comes for the rain to begin and God asks Noah why he hasn't built the Ark. Noah replies that Putnam Valley has a tree law so he couldn't cut down any trees to build the Ark. The environmentalists prevented him from gathering the animals…. and so on. The next day, the sun shines bright and the sky is clear. Noah asks God why? God replies that Putnam Valley has already built its Tower of Babble."