[ 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]
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WELCOME TARA TOWN BOARD OUR WORK SESSION.UH, TODAY IS, UH, JANUARY 18TH AT 4 51, UM, UNIT PM SO, UM, WE'LL START WITH THE AGENDA AND, UM, I THINK THE FIRST, UM, ITEM IS WHETHER, UH, IS, UH, THE APPEAL FROM MR. SAMS? TIM IS, MR. SAMS ON, UH, IS, YES.
MR. SAMS, SO YOU HAD TWO APPEALS.
I DID SEE YOUR, UH, EMAIL RESPONSE TO ME MAYBE FIVE MINUTES AGO RELATED TO FOIL APPEAL NUMBER 2 56, WHICH RELATED TO THE BOARD OF ETHICS AND MINUTES AND AGENDAS.
AND I'VE ADVISED THE BOARD THAT, UM, I DID SEND YOU SOME DOCUMENTATION THAT I THINK WAS PREVIOUSLY SENT TO, WAS SENT OUT, BUT YOU NEVER RECEIVED IT.
YOU HAVE NOW RECEIVED IT AND THAT APPEAL IS MOOT, CORRECT.
NUMBER 2 56, CORRECT? CORRECT.
SO THE REMAINING APPEAL IS, UH, 2 75, WHICH PERTAINS TO SOME REPORTS FROM THE BUILDING DEPARTMENT.
AND DID YOU WANT TO MAKE A STATEMENT ABOUT THAT? AND YES, AND YOU CAN BEGIN.
I'M NOT QUARRELING WITH THE TOWN CREATING THIS REPORT, BUT IN NOVEMBER, THE TOWN BOARD RESOLVED A THIRD PAYMENT TO THE FIRM THAT THEY HIRED TO CONDUCT THIS EVALUATION OF THE BUILDING DEPARTMENT FOR WORK, WHICH WAS COMPLETED IN OCTOBER.
SO I PRESUME THAT THE DOCUMENT NOW EXISTS SOMETIME IN DECEMBER AND I CAN SEE NO REASON AND WE, THE TOWN HAS SUNK OVER $90,000 INTO THIS CONTRACT.
UM, SO I CAN SEE NO REASON WHY IT'S BEING DENIED TO THE PUBLIC AND I RECEIVED NO RESPONSE WHATSOEVER.
I MEAN, THE PROCESS OF A FOIL APPEAL IS RESIDENTS OR ANYONE IS ALLOWED TO REQUEST WRITTEN INFORMATION FROM THE TOWN AND THE TOWN'S OBLIGATION IS TO RESPOND IN SOME MANNER.
IT CAN PROVIDE THE INFORMATION REQUESTED, IT CAN DENY THE REQUEST FOR SOME REASON, OR IT CAN SAY THAT THEY NEED ADDITIONAL TIME.
THE TOWN TO DATE HAS EXERCISED NONE OF THOSE OPTIONS AND JUST IGNORED IT.
AND I HAVE A CERTAIN DEGREE OF CURIOSITY WHAT GOES ON IN THE BUILDING DEPARTMENT IN THAT NOT ONLY WAS THE BUILDING INSPECTOR FIRED WITHOUT EXPLANATION, WHICH THE PUBLIC IS ENTITLED TO UNDER FOIL, BUT ALSO MR. FINER HAS REQUESTED AND RECEIVED TWO OPINIONS FROM THE BOARD OF ETHICS ON BUILDING DEPARTMENT MANAGEMENT.
AND I PRESUME AT LEAST ONE OF THOSE HAS BEEN DONE WITH INFORMATION THAT HE GLEANED FROM THIS REPORT.
ALL I'M ASKING FOR CERTAINLY AT THE BEGINNING IS ONE OF THOSE THREE ANSWERS.
AND HAVING DENIED ANY RESPONSE WHATSOEVER IN THIS APPEAL, I'M REQUESTING AGAIN TO EITHER, IF IT'S A VERY LENGTHY REPORT THAT I'LL COME IN AND VIEW IT, AND IF IT'S A SHORT REPORT UNDER 50 PAGES TO BE SENT AS I'M ALLOWED TO BE SENT UNDER, FILE A COPY OF THIS REPORT, AND THAT'S WHERE IT STANDS.
I KNOW NOTHING, RIGHT? SO THE TOWN CLERK HANDED ME, UM, A RESPONSE FORM THAT INDICATES THAT YOUR REQUEST, MR. SAMIS WAS DENIED, UH, ON, UH, LOOKS LIKE DECEMBER 16TH, 2021.
AND EXCUSE ME, IT WAS DENIED ON THE BASIS THAT THERE WAS NO RESPONSE GIVEN.
WELL, IT SAYS HERE IS DENIED NEED TOWN ATTORNEY'S PERMISSION, BUT I I I'VE NEVER RECEIVED THAT DOCUMENT, SO I I CERTAINLY DIDN'T DENY IT ON THAT BASIS.
I'M NOT SURE WHAT THE DOCUMENT IS, BUT IT LOOKS LIKE THERE WAS A RESPONSE ON DECEMBER 16TH.
I DON'T KNOW IF IT YOU RECEIVED IT, BUT I DEFINITELY HAVE A FORM INDICATING THAT IT WAS, UM, IT WAS DENIED.
NOW, TIM, YOUR, IF YOU'VE SEEN THE TOWN CLERK'S RESPONSES AND WHAT SHE'S RESPONDING ON THE BASIS IS HER DEPARTMENT DOES NOT RESPOND TO THE FORMAL REQUEST ON THE BASIS OF WHY OR ANY RESPONSE.
OTHER THAN THAT, IF THERE IS NO RESPONSE, THAT'S AN AUTOMATIC INTERPRETATION BY HER DEPARTMENT
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THAT IT'S BEEN DENIED.MR. SIMONUS, I JUST NEED TO CLARIFY THIS.
UH, AT, AT, UH, PLEASE BE INFORMED THAT THERE WAS A NOTE ATTACHED TO THIS FOREIGN RESPONSE TO THE CLERK'S OFFICE STATING, UM, DO NOT FORWARD THE RESPONSE TO MR. SO LET HIM APPEAL IT.
SO GIVEN THAT KIND OF, UH, ANY KIND OF A DENIAL, SO WHAT YOU ARE DOING IS YOU ARE APPEALING THE, THE ABSENCE OF A RESPONSE FROM THE DEPARTMENT HEAD IS EXACTLY A DENIAL.
SO YOU ARE NOW APPEALING THAT ABSENCE OF RESPONSE.
THE CLERK'S OFFICE WAS INSTRUCTED BY THE DEPARTMENT HEAD TO NOT RESPOND TO YOU, TO PUT YOU IN THE POSITION OF APPEALING TO, TO, YOU KNOW, THEN, WHICH WOULD THEN PUT YOU IN THE POSITION OF, OF APPEALING.
I DON'T KNOW WHY THAT WAS THE POSITION THAT WAS TAKEN.
HOWEVER, YOU ARE DOING THE RIGHT THING AT THIS MOMENT.
YOU HAVE CONSIDERED THE ABSENCE OF A RESPONSE TO BE A DENIAL, AND SO YOU ARE APPEALING IT, AND THAT DEPARTMENT HEAD SHOULD PRESENT AT THIS MEETING TO OFFER, UM, UH, UH, TO ELABORATE ON WHY HE TOOK THE POSITION THAT HE TOOK ON THIS FOIL MATTER.
SO YOU MENTIONED THAT YOU MIGHT HAVE SOMETHING THAT YOU WOULD, GIVEN THAT'S BEING HELD FOR REVIEW, AND MAYBE THE TOWN BOARD CAN TAKE A LOOK AT THAT AND MAKE A DECISION ONE WAY OR THE OTHER, AND THEN WE CAN ISSUE A DECISION.
WELL, I, ALL I'M SAYING HERE IS THAT I HAVE WHAT'S IN FRONT OF ME AND THAT IS DENIED BY ROBERT DAM EXPLANATION, ME TOWN ATTORNEY'S PERMISSION.
UM, AND SO THIS, BUT YOU DON'T HAVE ANY RECORDS RESPONSIBLE FOR THE REQUEST AT AT THIS, AT THIS POINT.
IT IS INCUMBENT UPON THE TOWN BOARD TO REACH OUT TO THE DEPARTMENT HEAD WHO THEY HOLD RESPONSIBLE FOR RESPONDING TO FILE REQUESTS AND ASK HIM, YOU KNOW, PLEASE EXPLAIN WHAT'S GOING ON WITH THIS FILE REQUEST.
IT, IT'S, IT'S NOT THE CLERK'S RESPONSIBILITY BECAUSE THE CLERK DOES NOT HAVE AUTHORITY OVER DEPARTMENT HEADS.
IT'S THE TOWN BOARD'S RESPONSIBILITY TO HOLD THIS DEPARTMENT HEAD AND ALL DEPARTMENT HEADS RELATED TO FOUR REQUESTS ACCOUNTABLE.
WOULD ADD TO THAT, THAT I REQUESTED THIS INFORMATION AS NAMING THE DEPARTMENTS AS NOT ONLY THE BUILDING DEPARTMENT, BUT ALSO THE TOWN BOARD WHO SOUGHT SUCH A REPORT.
AND I PRESUME THAT THEY'VE GOTTEN A COPY OF IT AS WELL AS THE TOWN ATTORNEY'S OFFICE WHO MAY NOT HAVE A COPY OF IT, BUT RATHER THAN JUST LOAD THE RESPONSIBILITY ONTO MR. DAN AND HIS POSITION NOW AS ACTING HEAD OF THE, UH, BUILDING DEPARTMENT, THE TOWN BOARD, CERTAINLY IF IT PAID OVER $90,000 FOR THIS REPORT, I'M CERTAIN THEY WOULD HAVE READ IT AND BEEN ABLE TO JUDGE THEMSELVES WHETHER THIS DOCUMENT SHOULD BE AVAILABLE TO THE PUBLIC.
SO DID THE TOWN TOWN BOARD LOOK AT THIS DOCUMENT AND MAKE A DECISION TO WITHHOLD IT? SO THE, SO THE PROCESS IS THAT WE WILL, WE NOW, IT'S NOW AN APPEAL AND THE TOWN BOARD HAS TO RESPOND WITHIN 10 DAYS TO THE APPEAL, UM, UH, ADDRESSING THE QUESTIONS THAT YOU HAVE ASKED AND DID THE TOWN BOARD, WE HAVE A, WE HAVE A RECORD READ THIS DOCUMENT, WE HAVE A GOOD RECORD OF RESPONDING WITHIN THOSE 10 DAYS.
WE TOWN BOARD READ THIS DOCUMENT.
WE'RE OBVIOUSLY, WE'RE READING BEFORE WE MAKE A DECISION, WE HAVE TO READ IT.
SO YOU IN OVER A MONTH'S TIME, SINCE YOU SPENT OVER $90,000 OF THE TAXPAYER'S MONEY TO OBTAIN THIS DOCUMENT, NO ONE ON THE TOWN BOARD HAS LOOKED AT IT.
SO HOW WE'RE GONNA GIVE YOU A DECISION WITHIN 10 DAYS.
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DAYS IS BY FRIDAY, BECAUSE THIS, THIS HEARING IS BEING HELD WELL ACTUALLY WITHIN, UM, 1, 2, 3, 4 OF LAST WEEK.SO WITHIN FIVE MORE BUSINESS DAYS IS WHEN HIS RESPONSE IS DUE.
SO HOW, I HAVE ONE OTHER QUESTION.
THE HEARING, WHAT, WHAT I HAVE QUESTION RELATIVE HAL JUST A MINUTE.
I JUST WANNA CLARIFY SOMETHING.
WHEN AN APPLICANT FILES A FOIL APPEAL, IT IS INCUMBENT UPON THE LAW SAYS THAT THE APPLICANT APPELLANT MUST RECEIVE A RESPONSE WITHIN 10 BUSINESS DAYS OF FILING THAT APPEAL.
SO THE HEARING TAKES PLACE AND THE DECISION MUST BE MADE ALL WITHIN 10 BUSINESS DAYS.
SO HAL, YOU KNOW, NOT 10 ADDITIONAL DAYS.
SO HAL, GIVEN THE SHORT WORK WEEK, WOULD YOU CONSENT TO US GIVING YOU A DECISION BY THE END OF NEXT WEEK? YES.
ON THIS PROCESS, I HAVE A NUMBER OF BOARD OF ETHICS COMPLAINTS BEFORE THE TOWN BOARD, SOME OF WHICH THE TOWN BOARD HAS NOT REACTED TO SINCE JUNE OF 2021.
DO I HAVE TO GO THROUGH THIS PROCESS EACH TIME TO GET A RESPONSE FROM THE TOWN BOARD?
ALL SOME OF YOU RECENTLY TOOK OATH, SWEARING ALLEGIANCE TO THE CONSTITUTION OF THE UNITED STATES AND, AND NEW YORK STATE.
WE HAVE LAWS IN THIS STATE, WHICH YOU ARE NOT OBEYING.
SO HOW ARE WE GONNA TRY TO ADDRESS THAT, THIS WHOLE PROCESS TO FOIL FOR EVERYTHING? NO, WE'RE GONNA TRY TO ADDRESS THAT IN THE NEXT WEEK.
YOU MAY HAVE SOME OUTSTANDING FOILS, I'M NOT SURE, BUT WE'RE REALLY STARTING A, A, A NEW YEAR, SO WE'RE GONNA REALLY TRY TO ADDRESS YOUR CONCERNS IN THAT RESPECT.
UM, NEXT, UM, IN TERMS OF THE CAPITAL BUDGET, UM, I, UM, HAVE BEEN WORKING WITH ROBERTA AND WITH DEPARTMENT HEADS AND WE'VE BEEN MAKING SOME CHANGES WE THOUGHT WOULD HAVE IT, UM, TODAY, UM, IT SEEMS LIKE WE WON'T, WE STILL HAVE WORK THAT HAS TO BE DONE.
SO, UM, I'M ASKING, SO I'VE CALLED DEPARTMENT HEAD MEETING FOR, UH, NEXT MONDAY AND HOPEFULLY WE WILL FINALIZE THE PROPOSED, UM, YOU KNOW, CAPITAL BUDGET ON, UM, ON TUESDAY.
I ALSO WANTED TO, UH, MENTION, UM, AND I HAVE SPOKEN TO, UH, FRANCIS EARLIER, UH, THIS MORNING, UH, RICHARD BOBBY, UM, WHO, UM, HAS ACTED AS MANAGEMENT CONSULTANT, UH, FOR MANY, UH, BUSINESSES, UM, AND NOT-FOR-PROFITS, UM, IN THE PAST.
UM, HE IS RECOMMENDING THAT WE, UM, ASK DEPARTMENT HEADS TO, UH, PERFECT, UH, WORK ORDER PLANS SO WE COULD HAVE A BETTER TRACKING OF OUR, UM, UM, OF NEW INITIATIVES AND ALSO ACROSS BENEFIT ANALYSIS.
SO KRISTA, MYSELF, RICHARD, WE'RE WORKING ON, UM, UM, A DOCUMENT, UH, THAT I'M GONNA SHARE WITH THE BOARD, HIGHLIGHTING, YOU KNOW, WAYS TO, UM, IMPLEMENT BOTH THE WORK ORDER SYSTEM AND UM, UH, COST BENEFIT ANALYSIS.
AND, YOU KNOW, I THINK THAT IT'S SOMETHING THAT CAN BE USEFUL, UH, TO, UM, THE TOWN BOARD AND TO, UH, THE PUBLIC IN THE FUTURE.
AND THOSE ARE BASICALLY THE ITEMS THAT I HAVE THAT I WOULD LIKE TO DISCUSS.
SO WE NEED A MOTION FOR EXECUTIVE SESSION, PAUL? YES.
I'M MAKING A MOTION TO GO INTO EXECUTIVE SESSION JUST TO DISCUSS, UH, PERSONNEL ITEMS AND CONTRACTUAL, UM, ISSUES OKAY.
INVOLVING PARTICULAR PEOPLE AND LEGAL ADVICE AS WELL.