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[ TOWN OF GREENBURGH OFFICE OF THE TOWN BOARD 177 Hillside Avenue, Greenburgh, NY 10607 Tel: 914-989-1500 Fax: 914-993-1541 Email: JDudek@Greenburghny.com https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings]
MOTION THAT WE GO INTO EXECUTIVE, WELL, WHY DON'T YOU SAY WHAT THE DATE IS AND EVERYTHING.WE'RE WAITING FOR, BUT WE ARE LIVE.
UH, THIS IS THE TOWN BOARD MEETING.
I'D LIKE TO MOVE THAT WE GO INTO EXECUTIVE SESSION AND TODAY IS, AND TODAY, AND WE'RE GOING THE PURPOSE OF GOING IN FOR DISCUSSION, FOR, TO HAVE A DISCUSSION ON FILE CONTRACT ON A CONTRACT REGARDING MS.
AND WE, AND WE WILL BE BACK AND WE'LL BE BACK.
SO PAUL, YOU MIGHT WANNA JUST MAKE A BRIEF CORRECTION.
YOU SAID THIS IS THE BOARD MEETING? IT'S THE BOARD TO WORK SESSION.
YOU READY? ARE WE GONNA GO TO, WE COULD, WE COULD DO IT HERE, RIGHT? NO, NO, WE'RE LIVE.
WAIT, WE'RE NOT RECORDING YET.
SO THIS IS, UH, TOWN BOARD MEETING, UH, WORK SESSION, UH, OF AUGUST, UH, 10TH.
AND WE'RE REVIEWING, UH, THE AGENDA AND THE CONTINUATION OF THE PREVIOUS, UH, OPEN MEETING.
AND WE'RE BACK FROM EXECUTIVE SESSION REVIEWING AT 6 57.
FRANCIS, IS YOUR MIC ON BY? UH, IT IS, YEAH.
I'M REVIEWING, IT SAYS IT'S GREEN CHECKING.
WE'RE REVIEWING THE AGENDA FOR TOMORROW.
WE CAN THIS AUGUST 11TH MEETING.
GINA, COULD YOU OR TIM, COULD YOU PASS OVER THAT MIC TO THIS ONE? SO IS THERE ANY, UM, TOUCHING IT? IT'S A PROBLEM.
I, SO IN TERMS OF, WELL, YOU KNOW, AGAIN, I THINK IT, IT MAY BE APPROPRIATE TO ADD, UH, A MOMENT OF SILENCE FOR TOM CAEL, WHO WAS A LONGTIME, UM, UH, ETHICS BOARD CHAIR, BUT ALSO A FORMER NEW YORK STATE SUPREME COURT JUDGE, AS WELL AS A FAMILY COURT JUDGE, AS WELL AS A BRIDOR GENERAL WHO LIVED IN THE TOWN, GREENBERG AND WHO RECENTLY PASSED AWAY AT THE AGE OF 92.
AND I WILL SEND OUT SOME INFORMATION TO THE BOARD MEMBERS THIS EVENING.
I AGREE, TIM, THAT SHOULD DEFINITELY BE ON ANY, UH, CONCERNS ABOUT ANY ITEMS ON THE AGENDA? UH, THE AGENDA? I HAVE, I HAVE A BUNCH.
I THINK AS WELL, WE MAY HAVE JUST REGENERON FRANCIS, MAYBE SOME, UH, COMMENTS THERE.
THE, UM, FIRST ON TB ONE, I THINK WE, UH, BASICALLY HAVE A MEETING IN THE MINES ON THE, UM, D P W, UM, HIGHWAY GARAGE BETWEEN, UH, LEY, BETWEEN THE TOWN AND LEY.
I, I, I THINK WE JUST HAVE TO HAVE A FURTHER MEETING IN THE MINDS OF WHAT THE WORD EMERGENCY MEANS.
AND, BUT THAT'S, THAT SHOULD BE EASY TO TAKE CARE OF.
IS THERE, JAMES? YOU COULD HAVE HAD THE MEETING BEFORE, LIKE TOMORROW.
YEAH, NO, IT'LL, IT'LL, IT'LL BE, UH, YOU KNOW, I WAS SPEAKING TO THE MAYOR, UH, TODAY.
UM, I JUST HAVE A LITTLE BIT OF A COMPLICATED LIFE AT THE MOMENT, SORRY.
AND SO WE'LL GET, WE'LL GET IT WORKED OUT BEFORE TOMORROW NIGHT.
YOU'LL BE ABLE TO, IS THE RESOLUTION POSTED OR THE AGREEMENT POSTED YET? OR THAT YET? IT'S NOT POSTED YET.
UM, AND GARRETT'S ON HIS WAY DOWN, BY THE WAY, AND GARRETT'S ON HIS WAY DOWN.
SO WE HAVE, WE HAVE THE DIFFERENT FIRE PROTECTION CONTRACTS.
SO WAIT A MINUTE, DID YOU JUST GIVE TB TWO? UH, THE TB TWO IS THE STANDARD WORKDAY.
WELL, I KNOW THERE'S SOME ISSUES WITH THIS ONE THAT, THAT NEEDS TO BE ADDRESS.
CAN YOU BRING IT A LITTLE BIT CLOSER? OH, I'M SORRY.
I KNOW THERE'S SOME ISSUES THAT NEED TO BE ADDRESSED ON THIS RESOLUTION, SO I DON'T THINK THIS IS READY YET.
SO DO YOU WANNA HOLD IT OVER? I NEED TO HOLD IT OVER.
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A QUESTION FOR TB TWO.IS THERE, UH, WHEN I SPOKE TO JUDITH ABOUT THAT SHE HAD CONCERN ABOUT THE, UH, THIS STATUTORY, UH, YOU KNOW, REQUIREMENTS OF DOING THAT, YOU KNOW, TOMORROW? WELL, I GOT THE IMPRESSION I DIDN'T FOLLOW ALL THE EMAILS AT THE TIME CONSTRAINT PERHAPS, BUT I DON'T, I DON'T KNOW.
UH, SO WHAT WOULD, THERE'S, WHAT WOULD BE THE TIME CONSTRAINT? I HAVE TO LOOK AT THE EMAILS THAT YOU FORWARDED.
THE, THE ONLY QUESTION, YOU KNOW, I HAVE IS IF THERE'S, IF, IF THE STATE IS REQUIRING US, UM, YOU KNOW, TO DO IT.
UM, I MEAN THE OTHER THING IS IF IF THERE'S QUESTIONS, IF YOU WANNA HOLD IT UP, AND EVEN THOUGH I'M NOT GONNA BE ABLE TO MAKE THE MEETING, YOU KNOW, NEXT TUESDAY, IF YOU WANT TO HAVE A SPECIAL MEETING, UM, YOU KNOW, YOU COULD ALWAYS, UH, WE COULD DO THAT.
BUT I THINK IT'S MORE COMPLICATED THAN THAT BECAUSE FROM, AND I, I SAW THE EMAIL THAT WAS SENT, THE, UH, UH, SOME OF THE ELECTED OFFICIALS WERE TOLD THAT THEY HAD UNTIL THE END OF SEPTEMBER TO DO THIS AND THEN, UH, IT'S DUE TOMORROW.
SO, YOU KNOW, IT'S NOT FAIR TO THOSE ELECTED OFFICIALS THAT WERE GIVEN UNTIL THE END OF SEPTEMBER.
BUT LET'S SEE WHAT WE CAN WORK OUT.
BUT ONCE, FRANKLY, ONCE WE GO WITH A PARTICULAR ATTORNEY AND WE USE 'EM FOR EXTENSIVE OUT OF COURT MM-HMM.
SO WE REALLY NEED TO HAVE A DOLLAR VALUE.
WE DO HAVE A DOLLAR AMOUNT THAT THEY CHARGE US NOW.
UM, I I THINK, UH, MOST OF THE WORK THAT THEY DO HAS BEEN OUT OF COURT.
I THINK SOMEONE IN MY OFFICE POSTED THERE IS A RESOLUTION, ACTUALLY SAYS FOR THE FIRST TIME EVER A RATE TO BE DETERMINED LATER.
WE'LL, WE'LL GET THAT RATE TONIGHT.
UH, A T TWO IS AN INTERESTING ONE BECAUSE IT RAISED ALL KINDS OF FLAGS.
ONE, BECAUSE IT INVOLVES, UH, PROPERTY DAMAGE CAUSED BY THE TOWN.
AND AT LEAST THE, THE DOCUMENTATION PROVIDED TO THE BOARD DID NOT SPECIFY WHICH EMPLOYEE, UH, CAUSED THE DAMAGE.
AND IT SEEMED LIKE TWO, $2,000 WAS A LOT.
UM, BUT WHEN I WENT TO YOUR OFFICE, UM, I GUESS IT WAS, I HAVE NO IDEA WHAT TODAY IS
SO THEY ACTUALLY HIRED SOMEBODY TO GO IN AND LOOK AT IN THIS MM-HMM.
UH, UNFORTUNATELY THE EMPLOYER EMPLOYEE DID NOT TAKE PICTURES, I GUESS IS FOR YOU, RICH BACK THERE.
THE EMPLOYEE DID NOT TAKE PICTURES MM-HMM.
AND THERE'S GOING TO BE ACCIDENTS, YOU KNOW, YOU KNOW, IT HAPPENS.
AND, UH, AND SO WE REALLY DIDN'T HAVE MUCH TO, TO STAND ON REGARDING THIS.
NOW IN SOME RESPECTS, PUTTING THE CAMERAS ON THE VEHICLES WILL ADDRESS SOME OF THIS.
YOU SPOKE TO RICHARD MARASSI? I DID YESTERDAY ABOUT, I DID, YES.
AND SO WHAT I WAS BASICALLY, BASICALLY SAYING IS, YOU KNOW, GOOD JOB, YOU KNOW, FOLLOWING UP ON THIS BECAUSE IT DID LOOK LIKE $2,000, YOU KNOW, TO, BECAUSE OF DAMAGE TO A SIDE, TO THE, UH, SIDE PANEL OF A VEHICLE WHEN, IF YOU COULD SEE WHERE THE GARBAGE CAN NORMALLY IS.
I COULD SEE THE BACK OF THE VEHICLE, BUT I COULDN'T SEE THE SIDE OF THE VEHICLE.
UH, BUT APPARENTLY, UM, UH, THE EMPLOYEE HAS ACKNOWLEDGED THAT THERE WAS AN ACCIDENT, WHICH IS GOOD.
UH, IT'S NOT GOOD THAT THERE WAS AN ACCIDENT, BUT IT'S GOOD THAT WE HAVE VERIFICATION OF IT.
UH, DIDN'T THINK THAT IT ROSE TO THIS AMOUNT.
UH, BUT THE TOWN ATTORNEY'S OFFICE ACTUALLY, YOU KNOW, LOOKED INTO IT.
BUT WE REALLY NEED TO TRAIN OUR EMPLOYEES THAT IF THERE'S AN ACCIDENT, IT'S AN ACCIDENT, BUT BETTER TO DOCUMENT AT THE TIME, AS OPPOSED TO HAVING ONE OF OUR INVESTIGATORS GO OUT AND TAKE A LOOK, YOU KNOW, WEEKS LATER.
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THOUGHT DIDN'T WE VOTE TO GET AN AFTER THAT? YOU KNOW, ISN'T THAT WHAT WE VOTED ON? BUT YOU, YOU NO, I THINK IT'S THE CAMERA THAT WE VOTED FOR, BUT THERE, YOU HAVEN'T BEEN INSTALLED.THERE'S STILL, THAT'S THE REPORT STUFF WHEN SOMETHING ON THE THAT'S THE APP.
YEAH, THAT'S, WE'RE IN THE PROCESS OF DOING THAT NOW.
IT'S STILL IN THE YEAH, BECAUSE THIS WOULD FALL NICELY INTO THAT.
AND WE'VE TOLD ALL STAFF THAT IF THERE IS AN INCIDENT TO CALL THE FOREMAN, GENERAL FOREMAN TO GO OUT ON SITE.
'CAUSE UNFORTUNATELY, YOU KNOW, THE LAST FEW WEEKS WE'VE HAD A FEW.
UM, BUT IN GENERAL THEY'LL, THEY'LL ALWAYS CALL IF IT WAS SOMETHING THAT THEY THOUGHT WAS SOMETHING THAT DIDN'T CAUSE ANY ISSUE, I'M SURE THEY WOULD'VE MM-HMM.
ARE YOU FAMILIAR WITH THIS CLAIM AT ALL? NO.
BUT, BUT THE REPORT SAYS THAT THE CAN ROLLED OUT IN THE DRIVEWAY AND IT WAS A, IT'S A FLAT DRIVEWAY.
I MEAN, YOU CAN'T GET A FLAT OR DRIVEWAY AGREEMENT.
THE ONE THAT REALLY GETS ME IS A T FOUR.
UH, THE MATTER OF GRAY ROCK ASSOCIATES, THIS IS A PROPERTY THAT WE ACTUALLY SOLD.
IT WAS FOR FORECLOSURE AND WE SOLD IT.
AND WHY ARE WE STILL INVOLVED IN LITIGATION IF WE SOLD IT? DIDN'T, DIDN'T WE DO OUR USUAL QUICK CLAIM DEEDED AND TRANSFER ANY, ANY LIABILITY ONTO THE NEW OWNER? WE DID, BUT THE, UM, THE ADJACENT OWNER, UH, FILED A LAWSUIT AGAINST THE TOWN, UH, AS WELL AS THE, UM, THE NEW OWNER OF THE PROPERTY.
SO WE HAVE TO DEFEND THE LITIGATION.
AND SO THAT, UM, AMOUNT IS, UM, TO DO AN APPRAISAL, I BELIEVE, OF THE AMOUNT OF DAMAGE.
AND TO BE FRANK, THAT'S THE INITIAL AMOUNT.
WHEN I SPOKE TO RICHARD MORSI ABOUT IT, IT'S $6,000, OF WHICH I THINK THE TOWN PAYS 3000 AND THE OTHER DEFENDANT PAYS 3000.
BUT IT COULD BE A TOTAL AMOUNT OF, UH, 15,000 ALTOGETHER.
BUT
DURING THE TIME WE OWNED THE BUILDING.
YOU MAY RECALL THAT THERE WAS A GENTLEMAN WHO WANTED TO BUY THE BUILDING WHEN WE WERE GONNA AUCTION IT FOR A CERTAIN PRICE.
AND WE ULTIMATELY GOT DOUBLE THE AMOUNT OF THE PRICE THAT HE WAS WILLING TO OFFER.
AND, UM, HE ENDED UP SUING US FOR THE WATER DAMAGE ISSUE.
SO IT'S, IT'S TO HIRE A CONSULTANT.
YOU FOR THE TOWN TO HIRE A THAT'S FINE CONSULTANT.
BUT SO IF, I'M SORRY, GO AHEAD.
SO I, BUT BEFORE HE PURCHASED, THAT PROPERTY ISN'T SUPPOSED TO DO SOME SORT OF INSPECTION.
ISN'T THAT DONE? OR DO WE DON'T PUT ANY A CLAUSE IN THERE AS IS SO WE CAN TAKE THE RESPONSIBILITY OFF OF US? WE DO, BUT BUT THIS IS NOT THE PERSON WHO BOUGHT THE BUILDING THAT WE SOLD.
THIS IS AN ADJACENT PROPERTY OWNER ON CENTRAL AVENUE WHO WANTED TO BUY THE BUILDING.
BUT WAS OUTBID AT THE AUCTION.
SO NOW HE, AND SO HE'S SUING THE NEW OWNER WHO BOUGHT THE BUILDING PLUS THE TOWN WHO OWNED THE BUILDING AT THE TIME.
HE CLAIMED THE DAMAGE OCCURRED.
SO WE'RE BEING SUED BY THAT INDIVIDUAL OKAY.
AND TRY TO DEFEND THE LAWSUIT.
SO THEY'RE BEING SUED NOT BY THE PERSON WHO BROUGHT THE BUILDING, BUT BY THE PERSON WHO OWNS OKAY.
SO OUR DEFENSE B THAT WE SOLD YOU THE BUILDING AS OPPOSED TO DOING ENGINEERING STUDIES REGARDING THE MATTER.
WELL, OKAY, WELL THE THREE PARTIES, RIGHT.
THE PEOPLE WE SOLD IT TO, RIGHT.
AND THE, THE, THE BUSINESS THAT IS CLOSEST TO CENTRAL AVENUE YES.
AND THE BUSINESS CLOSEST TO CENTRAL AVENUE IS SAYING THEY'RE GETTING WATER DAMAGE FROM THE PROPERTY WE USED TO OWN.
AND, AND SO ONCE WE SOLD IT, HOW DID OUR, HOW DID THAT NOT, I ASSUME AS IS OR QUICK CLAIM, UH, HOW DID NOT THE LIABILITY, IF ANY, TRANSFER IT TO THE NEW OWNER? AND IF THEY ARE SUING US SAYING THAT IT'S STILL ON US, WHY AREN'T WE GETTING THAT, THAT THAT CLAIM DISMISSED BECAUSE WE TRANSFERRED IT TO YOU? UM, YOU KNOW, TRANSFERRING THE LIABILITY.
WELL, THAT MAY BE ONE OF OUR DEFENSES.
BUT RIGHT NOW WE'RE STILL BEING SUED.
AND, AND SO WE GOTTA EVALUATE, YOU KNOW, FIRST OF ALL, IS THERE REALLY ANY DAMAGE? 'CAUSE THERE MAY NOT BE ANY DAMAGE.
AND AS A MATTER OF FACT, WE FIXED THAT PROBLEM EVEN BEFORE THE PROPERTY WAS SOLD
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BECAUSE WE IDENTIFIED IT AS A POTENTIAL ISSUE.SO WE TRIED TO ADDRESS IT AND APPARENTLY THE PLAINTIFF WAS NOT SATISFIED WITH THE REPAIR THAT WE MADE.
UM, BUT WE WOULD PERHAPS ARGUE THAT IT'S THE RESPONSIBILITY OF THE NEW OWNER, BUT I THINK THE COMPLAINT ALLEGES THAT THE DAMAGE OCCURRED EVEN BEFORE WE SOLD IT.
NO, THE DIFFERENT, I GUESS THE CONFUSION, WELL, NOT CONFUSION.
YOU SAID THAT, THAT CLAIMING THAT THE PROPERTY BEFORE WE SOLD, BUT MM-HMM.
SO YOU RECEIVED THE PROPERTY AS IS.
SO THEN THAT LIABILITY WOULD NOT FALL ON US.
IT WOULD FALL ON, IT WOULD IF THE DAMAGE OCCURRED BEFORE WE SOLD.
BUT IT, BUT, BUT WE, WHEN WE SOLD IT.
BUT IF THAT'S NOT THE PERSON SUING US, IT'S THE ONE NEXT DOOR THAT'S SUING US.
I, THAT'S THE PART, THAT'S THE PART.
THAT WAS THE PART I KEEP FORGETTING THAT PART.
OH, I THOUGHT IT WAS THE NEW OWNER.
THE BUILDING SUING NO, THE, THE NEXT DOOR NEIGHBOR SUING WITH US.
THE OUR, AND THAT'S WHY WE'RE ONLY PAYING HALF OF THAT AMOUNT.
SO IF THE OWNER ISN'T SUING US, THE NEW, THE NEW OWNER IS NOT SUING US.
AND IT'S THE PRIOR PROPERTY OWNER.
WHY AREN'T WE MOVING TO DISMISS? BECAUSE WE NO LONGER OWN IT.
BECAUSE YOU SHOULDN'T DISCUSS LEGAL STRATEGY OUT IN THE OPEN.
BUT WE ARE, BECAUSE THEY'RE PUTTING ON THAT WE'RE GOING TO GO INTO AGREEMENT WITH THE NEW OWNER AND SHARE LIABILITY, UH, TO DEFEND THE LAWSUIT.
THIS IS ABOUT HIRING A COMPANY, RIGHT.
TO BUILD A DEFENSE IN A LAWSUIT IN WHICH WE ARE CO-DEFENDANTS, RIGHT.
BUT WE DON'T HAVE ANY CHOICE UNLESS WE'RE A DEFENDANT.
WE'RE WE'RE SHARING THE COST OF AN EXPERT.
SHARING THE COST OF AN EXPERT.
UH, LET'S SEE, WEST COMP, YOU KNOW, WE STILL HAVE THE ISSUE WITH THE PREVIOUS YEAR AS WELL.
THEY HAVE NOT INCREASED THEIR COST IN A DECADE.
WHICH IS, WHICH IS COMMENDABLE, BUT THEY ALSO HAVEN'T CHANGED THEIR AGREEMENT IN A DECADE.
AND SO THE ISSUE LAST YEAR WAS WE HAD A PANDEMIC AND THEY WEREN'T PURCHASING GOWNS FOR GRADUATION 'CAUSE THERE WERE NO GRADUATIONS.
AND SO WE, WE HAD ASKED COULD YOU, YOU KNOW, REVISE THE WORDING SO THAT, YOU KNOW, 'CAUSE I'M SURE THEY DID A LOT OF THINGS DURING THE PANDEMIC TO HELP THE NEEDY, BUT TO USE THE SAME WORDING THAT THEY'VE USED FOR 10 YEARS AND SAY THIS IS WHAT WE DID DURING THE PANDEMIC.
AND IT SEEMS LIKE THAT'S THE SAME THING THAT'S HAPPENING THIS YEAR.
MATTER OF FACT, THIS YEAR STATES THAT IT'S, IT SAYS AT TOP THAT IT'S THE SCOPE OF SERVICE FOR 2021, BUT AT THE BOTTOM IT SAYS 2020.
SO THAT'S ALL WE NEED TO DO IS TO HAVE, I'M SURE THEY HAVE, I'M SURE THEY HAVE, YOU KNOW, VALID THINGS THAT THEY DID TO PROVIDE IT.
BUT I, I DON'T THINK A BOILERPLATE CONTRACT POST PANDEMIC AS THE SAME AS AS PRE PANDEMIC.
SO I, I THINK I RECALL DONOVAN MITCHELL, THE EXECUTIVE DIRECTOR AT THE TIME, COMING INTO A ZOOM MEETING.
'CAUSE YOU HAD ASKED, YOU HAD EXPRESSED CONCERN, WHAT DID YOU DO? AND I THINK HE HAD MENTIONED WE ACTUALLY PROVIDED MORE SERVICES DURING THE PANDEMIC THAN WE NORMALLY WOULD.
UM, SO I KNOW WE DISCUSSED THAT ISSUE AS EXACTLY AND ALL, AND THE END RESULT OF THAT WAS, OKAY, COULD YOU WORK WHAT YOU JUST SAID INTO THE AGREEMENT? RIGHT.
AND THAT'S WHERE, I DON'T KNOW IF THAT'S EVER HAPPENED.
I DON'T KNOW IF THAT'S 'CAUSE ALL IT'S VERBAL.
IT'S VERBAL IN A BACK ROOM AS OPPOSED TO, UM, YOU KNOW, ACTUALLY BEING MEMORIALIZING.
UH, AND WE HAD SPOKEN ABOUT THIS WHENEVER WE WERE SPEAKING ABOUT IT.
SO THE DRUM ROAD LITIGATION HAS CONCLUDED, UM, BUT THERE WAS STILL SOME OUTSTANDING EXPENSES.
UM, I THINK THOSE ARE FOR MAYBE APRIL AND MAY.
AND ALTHOUGH WE HAVE THE MONEY TO PAY THOSE EXPENSES, WE DON'T HAVE A RESOLUTION THAT AUTHORIZES THAT
THE RESOLUTIONS ARE AGAIN, BOILERPLATE AS IF WE'RE CONTINUING TO RETAIN THEM FOR ONGOING LITIGATION.
SO, UH, THAT'LL BE CHANGED FOR TOMORROW NIGHT WITH THE BOARD'S AGREEMENT THAT WE WANT TO MAKE IT CLEAR THAT THIS IS NOT GONNA BE A REOCCURRING APPEARS ON THE, ON THE, UH, I TRIED TO MAKE IT AMBIGUOUS INSTEAD OF SO BECAUSE I DIDN'T KNOW IF IT WAS THE FINAL PAYMENT OR NOT.
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JUST STAY.WE ACTUALLY HELD OFF ON A RESOLUTION UNTIL WE KNEW WHAT THE FINAL AMOUNT WAS SO WE DIDN'T HAVE TO HAVE ANOTHER RESOLUTION.
UH, CD EIGHT IS GONNA BE HELD OVER AT, UH, GARRETT YOU WANT TO COME UP PEN? NO.
YOU GOT ONE? JOHN, ARE YOU THERE? CD 80? HI.
ARE YOU, ARE YOU GETTING THESE, UH, WHAT'S HELD OVER? YES, I'M OKAY.
IF YOU JUST REPEAT THAT, FRANCIS, I'M TRYING TO DO IT CORRECT YOU THERE, UH, REGARDING CD EIGHT? YEAH.
UH, IT'S BEING HELD OVER AS GARRETT'S ABOUT TO EXPLAIN WHY, UH, TO THE NEXT MEETING.
SO CD EIGHT IS A, UH, AMENDED SITE PLAN, UH, THAT WAS APPROVED.
IT'S ASSOCIATED WITH AN AMENDED SITE PLAN THAT WAS APPROVED BY THE TOWN BOARD SEVERAL YEARS AGO FOR PROSPERO NURSERY UP ON NORWOOD ROAD.
UM, AT WHAT THE RESOLUTION WAS, WAS A REQUEST FOR A RETROACTIVE EXTENSION.
THEIR APPROVAL LAPSED IN THE MIDST OF, UH, COVID.
UM, THEY STILL SEEK TO BUILD THE PROJECT.
I'VE BEEN IN CONSTANT COMMUNICATION WITH THEM RECENTLY.
UM, AND, AND AT THAT THEY ACTUALLY SEEK TO BUILD A, A SMALLER BUILDING ON THE SITE THAN, THAN AN INITIALLY, UH, APPROVED.
UM, THE LAG IS THAT I, I HAVE YET TO RECEIVE A FORMAL, UH, SITE PLAN WITH THAT UPDATE.
I HAVE, I DO HAVE THE REQUEST FOR THE, UH, EXTENSION.
I HAVE A NICE RENDERING OF WHAT THE NEW BUILDING WOULD LOOK LIKE.
IT LOOKS ATTRACTIVE LIKE THE OTHER BUILDING.
UM, ALL IN ALL GOOD PROJECT, THERE'S ACTUALLY CONDITION FOR A SIDEWALK ALONG ALL OF PROSPERO'S FRONTAGE FOR NORWOOD ROAD.
THEY ARE NOW MOTIVATED TO BUILD IT.
UM, BUT IN LIGHT OF, UH, THEM COMING A LITTLE LATE, UH, WOULD'VE NEEDED A BIT MORE TIME TO, UH, GET THE PLAN.
IT MAY COME IN TOMORROW MORNING.
I SPOKE WITH THEIR ENGINEER, BUT, UM, IT SOUNDS LIKE IN LIGHT OF THE LATENESS IN THE DAY, UH, THE REQUEST IS TO, UH, HOLD IT OVER.
SO, UM, IF THERE'S EITHER A SPECIAL MEETING IN THE INTERIM PRIOR TO THE MEETING IN SEPTEMBER, UM, IF THAT WERE TO BE CONSIDERED, THAT WOULD BE GREAT.
OTHERWISE, I GUESS IT WOULD DEFAULT TO THE SEPTEMBER MEETING AND, UH, WE'LL JUST WORK WITH THE APPLICANT TO MAKE SURE EVERYTHING'S IN PLACE FOR THAT.
SO THERE'S AN EXAMPLE WHERE WE DON'T HAVE THE DOCUMENTS TO SUPPORT THE, UH, THE RESOLUTION.
SO WE'LL, WE'LL HOLD THAT OVER.
WITH C O ONE, WHY DO WE PAY WESTCHESTER COUNTY FOR ELECTIONS? $10,000, 10,000? UM, 293.
I THINK THAT, UH, THE COUNTY HAS ALWAYS, UH, CHARGED US.
CHARGED US FOR HAVING ELECTIONS.
EVEN THOUGH THEY TAKE, THEY TOOK OVER THE RESPONSIBILITY.
I THINK WE MAKE OUR, I THINK SO WE MAKE OUR ROOM AVAILABLE FOR THEM.
SO THAT CAN START CHARGING MIGHT BE THE ANSWER, BUT I'M SURE SHE'LL TELL US.
UH, LB ONE, I'M NOT REALLY SURE WHAT TO DO.
THE, UH, THE NUMBERS THAT THEY HAVE DON'T ADD UP TO THE TOTAL THAT THEY SAY.
JOAN, COULD YOU FIND OUT TOMORROW? HAVE THEM DOUBLE CHECK THEIR NUMBERS.
LD ONE, JOAN, SORRY, I MUTED MYSELF.
SO IT'S LIKE WE'RE, WE'RE WE'RE HEARING FROM GOD, YOU KNOW, WHEN YOU, WHEN YOU DO THAT
UH, I JUST HAVE TWO MORE THINGS.
ONE IS, UM, ON PO ONE THE RESOLUTION TALKS ABOUT HOW DANGEROUS IT IS FOR SCARSDALE FARM ROAD REGARDING THE DROPPING OFF AND PICKING UP OF KIDS, UH, AND PEOPLE PARKING OR STANDING ON THE ROAD DURING THAT PERIOD OF TIME IN THE MORNING, IN THE AFTERNOON.
BUT IN THE ACTUAL CODE CHANGE, UH, THEY'RE ONLY MAKING THE CODE CHANGE FOR THE AFTERNOON.
AND I DON'T KNOW IF THAT'S AN IN, UH, YOU KNOW, AN ACCIDENTAL OMISSION OR INTENTIONAL.
YEAH, THAT'S A GOOD POINT BECAUSE I WAS, UH, YOU KNOW, AT THE MEETING WITH, UH, WITH, UH, SERGEANT RICKSON AND, UM, YOU KNOW, A COUPLE MONTHS AGO AND I THINK IT WAS CLEAR THAT THEY WANTED TO DO IT.
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WE GET THE CHIEF ON THE LINE? WE COULD.AND, AND THE ONLY THING THAT I HAVE OTHER THAN THAT IS PW ONE.
IT'S KIND OF ANNOYS ME CONSIDERABLY.
UH, THAT'S CHANGE ORDER NUMBER TWO.
RICH, DO YOU WANNA COME UP RICH? YES.
THIS IS ALL THIS, THIS MAY FALL INTO THE CATEGORY INSTEAD OF ASKING FOR PREFER PERMISSION, ASK FOR FORGIVENESS.
NORMALLY WE DO CHANGE ORDERS IN ADVANCE, BUT THIS LOOKS LIKE THEY'RE CLOSING OUT THE PROJECT AND TELLING US AT THE LAST MOMENT WHAT THE CHANGE ORDERS ARE THAT WE'RE DONE ALREADY.
THAT'S A PRETTY BIG CHANGE ORDER.
IT'S THREE AND A HALF PERCENT OF THE PROJECT.
UM, I THINK AT LEAST HALF THAT I'M OUT IS ROCK.
UH, THIS IS, UH, DURING THE COURT, THE COURSE OF THE 13 MONTHS OF WORK, THERE WERE A LOT OF SMALLER STUFF, UM, THAT ULTIMATELY DID, DID LUMP INTO ONE, UH, CLOSEOUT.
THERE IS A, A DETAILED BREAKDOWN OF THE VARIOUS THINGS.
MOST OF IT IS WERE THINGS YOU JUST COULDN'T GET AWAY FROM.
UM, SO THIS IS A CLOSEOUT OF THE JOB, BUT IF YOU LOOK AT THE, UH, THE TOTALITY OF THE JOB, IT WAS A, I THINK EXTREMELY WELL RUN JOB.
AND WHEN YOU LOOK AT HISTORICALLY, WHEN YOU GET A JOB OF THIS SIZE, THE EXTRAS USUALLY RUN UP TO 12%.
UM, BUT YES, IT'S A LUMPING END OF, WELL, I GUESS WHAT BOTHERED ME IS I WENT BACK TO CHANGE ORDER NUMBER ONE.
WHICH WAS, WAS, UH, PW 7TH OF NOVEMBER 24TH.
UH, SO THAT CHANGE ORDER CAME IN THE SAME YEAR THAT WE DID THE INITIAL JOB.
AND SO THAT WAS FOR CURBING MM-HMM.
AND SO WE, WE ACTUALLY AUTHORIZED IN ADVANCE THE CHANGE ORDER FOR THAT.
BUT IN THIS CHANGE ORDER, WHICH IS NOW AFTER THE FACT, THEY'RE ACTUALLY ADDING TO THE COST OF THE CURBING THE CONCRETE CURB CURBING.
AND I DON'T UNDERSTAND WHY IN CHANGE ORDER TWO, THEY'RE BASICALLY MODIFYING THEIR CHANGE ORDER ONE WHEN IF THEY GIVE US A PRICE FOR CURBING, THAT SHOULD BE THE PRICE FOR CURBING.
I THINK AS THE PROJECT PROCEEDED, THERE WERE THINGS THEY OCCURRED, YOU KNOW, THAT TOOK PLACE IN THE FIELD THAT WERE UNAVOIDABLE.
YOU KNOW, IT'S, IT'S ONE, IT, EVEN WHEN THEY COME IN AND THEY, THEY TELL YOU YOU'RE GOING FROM X TO Y AND THIS IS WHAT IT'S GONNA COST, IT'S AN ESTIMATED COST.
THEY GET OUT THERE, THEY MIGHT HIT SOMETHING.
UH, YOU KNOW, I KNOW WE HAD ISSUES WITH GAS.
I KNOW THERE WERE AS MU AS LITTLE AS THE COMPLAINTS WE GOT WE'RE SEEING THINGS WE HAD TO ALTER OUT IN THE FIELD.
SO AGAIN, WHEN YOU'RE DOING A CONSTRUCTION PROJECT, THIS WAS A, A 30 INCH WATER MAIN THAT CONNECTED OUR TWO PUMPS.
I MEAN, WHEN YOU THINK THE MAGNITUDE OF THEM BORING UNDER THE, THE PARKWAYS AND THERE WERE THINGS THAT HAPPENED AND SOME OF IT IS JUST, YOU KNOW, WHEN YOU'RE IN THE FIELD LIKE THAT, IT'S UNAVOIDABLE.
SO THIS IS A CLEANING UP FOR THE PROJECT.
BUT IF, YOU KNOW, BASICALLY IT SOUNDS TO ME THOUGH, LIKE IT'S A COST OVERRUN, BUT IT'S UNDER THE GUISE OF A CHANGE ORDER.
LIKE AS IF, YOU KNOW, WE'RE APPROVING SOMETHING TO BE DONE AS OPPOSED TO DO, YOU KNOW, BASICALLY AFTER THE FACT SAYING OKAY, IT'S A, YOU KNOW, I JUST DON'T WANT THERE.
AND I UNDERSTAND THIS IS A PROBABLY THE BIGGEST, I'VE ALWAYS SAID THIS PROBABLY THE BIGGEST INFRASTRUCTURE PROJECT TOWN HAS DONE EVER.
AND SO THERE WILL BE EXTRA EXPENSES.
UH, BUT WE ACTUALLY PAID A FIRM RIGHT.
TO OVERSEE THIS AS WELL AND TO MAKE SURE THAT OUR MONEY WAS BEING USED WISELY.
AND WE'RE BEING TOLD AT THE END THAT, BY THE WAY, SEVEN MONTHS AGO AND EIGHT MONTHS AGO, WE SPENT THIS MONEY.
NOW WE'RE ASKING YOU TO APPROVE US SPENDING IT.
WELL HOW DO WE SAY NO AT THIS POINT? BECAUSE IT'S ALREADY DONE.
SO, SO, AND AGAIN, FOR CHANGE ORDERS, A CHANGE ORDER IS SOMETHING THAT YOU'RE ASKING FOR US LIKE YOU DID WITH THE SIDEWALK.
THIS IS THE COST AND THIS IS WHY WE THINK THE COST IS VALID HERE.
WE HAVE NO CHOICE BUT TO APPROVE THIS RESOLUTION BECAUSE THE WORK'S ALREADY DONE.
BUT THAT SHOULDN'T BE WHAT WE SHOULDN'T BE PUT IN THAT POSITION.
BECAUSE, YOU KNOW, AS YOU KNOW, WE LOOK FOR EVERY DOLLAR.
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IN THIS CASE WE CAN, AND I WILL TELL YOU THAT WE'VE GOT TWO, THREE, VERY FOUR LARGE WATER PROJECTS COMING UP SHORT TERM.UH, AND WE WILL LOOK TO IMPROVE THE PROCESS.
I HAVE YOU HAVE ANYTHING? I HAVE THE CHIEF ON THE PHONE.
TO HEY, HEY CHIEF, I JUST HAVE TO RUN.
SO WE JUST WANTED SOME CLARIFICATION ON PO ONE, THE RESOLUTION OF DOCUMENT RECOMMENDATION, GREENBURG POLICE DEPARTMENT TO SCARSDALE FARM ROAD.
WE NEED TO MAKE THIS BIGGER AMEND CHAPTER FOUR SEVEN TO THE CODE REGARDING, REGARDING RESTRICTIONS ON SCARSDALE FARM ROAD.
CAN YOU GIVE US SOME BACKGROUND ON THAT, PLEASE? WELL, I KNOW THERE WAS A MEETING OUT IN THE, UH, FIELD SERGEANT RESON ATTENDED IT WITH, UH, WITH SUPERVISOR FINER.
AND IT, SCARSDALE FARM ROAD WAS BEING USED AS A PICKUP FOR DISMISSAL AT ONE OF THE SCHOOLS AS A, AS A CUT THROUGH MM-HMM.
SO, UM, THIS IS A WAY TO ALLEVIATE PEOPLE PARKING THERE.
THIS CAME FROM THE RESIDENCE AND UH, IT MADE SENSE TO US.
SO, UH, THE ISSUE THOUGH, CHIEF IS IN THE, IN THE WAREHOUSE CLAUSES, YOU TALK ABOUT HOW THE RESIDENTS HAVE IDENTIFIED, AND THE POLICE HAVE CONFIRMED THAT THE PARKING OR STANDING OF VEHICLES IN THE MORNING HOURS IN THE AFTERNOON HOURS IS HAZARDOUS.
BUT IN THE ACTUAL CODE CHANGE THAT YOU'RE REQUESTING, YOU'RE ONLY GOING TO BE RESTRICTING STANDING OR STOPPING IN THE AFTERNOON.
WAS THE, WAS IT INTENTIONAL NOT TO DO THE MORNING OR WAS IT AN OVERSIGHT? YOU, YOU KNOW, FRANCIS, I APOLOGIZE.
YOU WERE, YOU WERE CUTTING IN AND OUT.
I DON'T KNOW IF, UM, WELL THAT'S BECAUSE GINA IS HOLDING THE PHONE AND, OKAY.
OF COURSE I GET BLANK EVERYTHING.
IS FRANCIS CLOSE TO THE PHONE? NO.
UH, UH, SO IN THE BODY OF THE RESOLUTION IN ON THE WAREHOUSE CLAUSES, IT STATES THAT THE COMMUNITY HAS IDENTIFIED, AND THE POLICE HAVE CONFIRMED THAT IT IS HAZARDOUS FOR THE STANDING OF PARKING OF VEHICLES IN THE MORNING AND THE DROP OFF AND, UH, MORNING HOURS AND THE PICKUP AFTERNOON HOURS.
BUT IN THE ACTUAL RECOMMENDED LANGUAGE THAT WE SHOULD BE CHANGING OUR CODE, IT ONLY TALKS ABOUT RESTRICTING PARKING OR STANDING FOR THE AFTERNOON HOURS, THE PICKUP HOURS, BUT NOT THE DROP OFF.
AND THE QUESTION IS, WAS THAT INTENTIONAL OR IS IT AN OMISSION? UH, UM, YOU KNOW, CAN I CALL SERGEANT RESON? I, I APOLOGIZE.
I, I I DON'T KNOW THE ANSWER TO THAT.
WAS PAUL IS, IS THE SUPERVISOR THERE? YES, HE IS.
I I, I THINK, DO YOU REMEMBER, YOU WERE, YOU WERE AT THAT MEETING I THINK WITH SERGEANT RESON, MY RECOLLECTION.
YOU REMEMBER? IT WAS BOTH, BOTH TIMES.
SO IT'S, IT'S LIKELY AN OMISSION, BUT IF YOU WANT I CAN CALL SERGEANT RESON AND CALL GINA RIGHT BACK.
ANY OTHER QUESTION? I DON'T HAVE ANYTHING.
DO YOU HAVE ANYTHING ELSE? ANYBODY ELSE HAVE ANYTHING? UM, NO.
AND ROBERTA'S GONNA BE IN TOUCH WITH YOU, FRANCIS, TO EXPLAIN.
SO YOU SHOULD PROBABLY MAKE A MOTION TO ADJOURN JUST TO MAKE IT OFFICIAL.
OH, WELL I'LL SEE EVERYBODY TOMORROW.