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SO, UH,

[00:00:01]

FIRST WE'LL DO THE ROLL CALL.

[ TOWN OF GREENBURGH OFFICE OF THE TOWN BOARD 177 Hillside Avenue, Greenburgh, NY 10607 Tel: 914-989-1525 Fax: 914-993-1541 Email: JDudek@Greenburghny.com https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings ]

OH, FIRST WE'RE OPENING UP THE MEETING.

IT'S, UH, MAY 17TH.

AND, UM, IT'S FOR THE PURPOSE OF VOTING ON RESOLUTIONS HELD OVER FROM LAST WEEK'S MEETING.

AND, UM, UH, SO JUDITH, YOU WANNA DO THE ROLL CALL? THANK YOU.

YES.

TOWN SUPERVISOR PAUL FINER.

HERE.

COUNCILWOMAN ELLEN HENDRICKS.

PRESENT COUNCILWOMAN GINA JACKSON PRESENT.

COUNCILMAN FRANCIS SHEEN.

PRESENT AND COUNCILMAN KEN JONES IS ABSENT THIS EVENING.

TOWN ATTORNEY TIM LEWIS, UH, PRESENT.

GREAT.

SO, AND PAUL, CAN YOU JUST MAKE THAT AS A MOTION JUST TO MAKE IT OFFICIAL THAT WE'RE AMENDING THE RULES FROM FIVE MINUTES TO THREE MINUTES AND WE'RE ALLOWING PEOPLE TO SPEAK ONE TIME JUST SO WE HAVE IT FORMAL.

OKAY.

OKAY.

I MAKE A MOTION THAT WE LET P AMEND THE RULES TO ALLOW PEOPLE TO SPEAK.

UM, UP TO THREE MINUTES.

UM, ONE TIME.

IS THERE A SECOND? SECOND.

ALL IN FAVOR? AYE.

AYE.

OKAY.

ANYBODY WANT TO SPEAK ON ANY OF THE ITEMS, UM, ON THE AGENDA? GOOD AFTERNOON.

I'M HERE TO TODAY.

I'M SPEAKING, I GUESS ON BEHALF OF THE EDGEMONT CORPORATION COMMITTEE AND ON BEHALF OF THE THOUSANDS OF EDGEMONT RESIDENTS, WHO OVER THE LAST FEW YEARS HAVE SIGNED PETITIONS TO, UH, CALL FOR A VOTE ON INCORPORATING EDGEMONT AS GREENBERG'S SEVENTH VILLAGE.

UH, WHAT YOU'RE PROPOSING TO DO TODAY, UM, IS, UH, ASK THE STATE LEGISLATURE TO EXTINGUISH OUR RIGHTS TO DO THAT FOR A PERIOD OF UP TO 18 MONTHS.

UH, AND EXTINGUISHING OUR RIGHTS AND REMOVING THE PROTECTIONS WE HAVE UNDER STATE LAW IS A RATHER SUBSTANTIAL INFRINGEMENT ON OUR RIGHTS.

SO, THEREFORE, I MUST TAKE EXCEPTION TO THE FACT THAT YOU DID NOT NOTIFY US OF THE RESOLUTION THAT YOU'RE GONNA BE VOTING ON IN A FEW MINUTES UNTIL 1:36 PM TODAY.

SO RESIDENTS HAVE ONLY BEEN ABLE TO SEE IT FOR A FEW HOURS AT BEST, UH, THAT ISN'T APPROPRIATE.

UH, YOU SHOULD BE, YOU SHOULD HAVE ALLOWED US AMPLE TIME TO LOOK AT THIS, ALLOW IT TO BE CIRCULATED THROUGHOUT THE EDGEMONT COMMUNITY.

AND IF YOU'RE GOING TO BE SPEAKING TO ALBANY, WHY NOT ASK THE RESIDENTS WHO ARE GONNA BE DIRECTLY IMPACTED BY IT, WHETHER THEY BE FROM EDGEMONT OR OTHER PARTS OF UNINCORPORATED GREENBERG OR PERHAPS OTHER VILLAGES, IF THEY HAVE ANY THOUGHTS ABOUT THIS MATTER.

BUT YOU HAVEN'T DONE THAT.

AND WHAT'S EXTRAORDINARY ABOUT THIS IS THAT YOUR RESOLUTION CONTAINS SEVEN.

WHEREAS CLAUSES ABOUT A NEED FOR A STUDY, NO CLAUSES ABOUT A NEED FOR A MORATORIUM ON OUR RIGHTS TO PETITION FOR A RIGHT UP TO VOTE ON INCORPORATION.

THAT'S EXTRAORDINARY.

THERE'S NOT ONE SINGLE FINDING ABOUT THAT.

SO THIS IS WHY IT'S SO IMPORTANT TO GET INPUT FROM THE PUBLIC BEFORE YOU PUT SOMETHING TO A VOTE, ESPECIALLY AS IMPORTANT AS THIS.

AND LET ME SAY, UNFORTUNATELY, THIS IS NOT THE FIRST TIME I'VE HAD TO COME BEFORE YOU TO TALK ABOUT A LACK OF, OF, OF PROCESS, OF FAIRNESS.

THE RESIDENTS OF EDGEMONT SEE WHAT YOU'RE DOING.

THEY SEE THAT THIS IS A CONTINUATION OF ALL OF THE PRIOR EFFORTS TO SQUELCH EDGE MOUNT'S, ATTEMPT TO GET A VOTE ON INCORPORATION, WHETHER IT BE HIRING PRIVATE DETECTIVES TO GO TO PEOPLE'S HOMES OR WHETHER IT BE, UH, UH, UM, UH, USING TOWN RESOURCES TO FINANCE ANTI INCORPORATION EFFORTS IN EDGEMONT, WHETHER IT BE, UH, UH, REFUSING TO ACCEPT A PETITION WHEN IT'S BEEN FILED.

ALL OF THESE THINGS, EDGEMONT RESIDENTS SEE YOU AND THEY KNOW WHY EDGEMONT INCORPORATION IS SUCH A COMPELLINGLY IMPORTANT THING TO DO.

IT IS NO LESS URGENT TODAY THAN IT WAS YESTERDAY, LAST YEAR, OR IN THE YEARS PAST.

PRECISELY FOR THE REASONS TODAY.

THANK YOU BE BEFORE WE CALL, UM, THE NEXT PERSON.

I JUST REALIZED THAT PAUL, YOU MO MOTION TO AMEND THE RULES, BUT WE DID NOT MOVE TO OPEN THE MEETING.

SO PLEASE, I'D LIKE TO MOVE THE WE OPEN MEETING SECOND.

ANYBODY ELSE WANNA SPEAK? DOES YOU HAVE TO SPEAK AGAIN TO GO DOWN THE RECORD? NO, NO.

STILL ON.

YOU'RE ON THE RECORD.

,

[00:05:01]

GO.

ALRIGHT, NEXT PERSON.

WHO WOULD LIKE TO SPEAK, MR. HIRSH? I'D LIKE TO START BY JUST SAYING THAT I'M REPRESENTING MYSELF, NOT THE INCORPORATION COMMITTEE OR ANYTHING LIKE THAT, JUST THE RESIDENT OF GREENBURG.

AND I'M HERE REALLY TO CALL OUT WHAT TODAY IS.

IT'S A REAL SHAM.

UM, IT'S SIMILAR TO, UM, MANY YEARS AGO WHERE THE FIRST RESOLUTION WAS A HOME RULE RESOLUTION TO NEW YORK STATE THAT WOULD'VE BLOCKED INCORPORATION WITHIN THE TOWN OF GREENBURG ALTOGETHER FOR ANYONE IN GREENBURG THAT WANTED ANY AREA IN GREENBURG THAT WANTED TO INCORPORATE.

I'M LOOKING AT THE RESOLUTION ITSELF.

AND THE RESOLUTION IS ONLY ASKING THAT NEW YORK STATE DEPARTMENT, UH, DEPARTMENT OF STATE TO CONDUCT A STUDY OF EXISTING LAWS AND REGULATIONS REGARDING A CORPORATION.

SO IT'S NOTHING THAT'S GONNA BE DONE HERE TO STUDY IN CORPORATION, IT'S IN, IT'S IN HOPE THAT NEW YORK STATE SOMEWHERE, SOMEONE'S GONNA PICK UP ANOTHER RESOLUTION TO ACTUALLY STUDY IT IN THE FIRST PLACE.

SO BASICALLY IT'S, IT'S JUST THE SHAM.

UM, THE ONLY DOLLARS AND TIME AND MONEY THAT'S BEEN SPENT BY THIS TOWN HAS BEEN HOW DO WE BLOCK INCORPORATION? HOW DO WE BLOCK EDGEMONT FROM INCORPORATING NOTHING'S BEEN DONE ON STUDYING THE ISSUES MANY YEARS HAVE PASSED.

WE'RE NO CLOSER TO HAVING A, UH, SYSTEM IN PLACE THAT'S GONNA THINK ABOUT HOW WILL WE LIVE TOGETHER, SHOULD EDGEMONT INCORPORATE, WE'RE JUST CLOSER TO GIVING YOU MORE TIME SO THAT YOU COULD DO, FIND ANOTHER WAY TO POTENTIALLY BLOCK A VOTE ALTOGETHER.

HONESTLY, YOU'VE GOTTA LIVE HERE TO BELIEVE IT, BECAUSE YOU GOTTA LIVE THROUGH THIS TO REALLY APPRECIATE HOW MUCH WE ARE BEING BLOCKED, UM, EVERYWHERE ELSE WHERE THEY HEAR ABOUT YOUR HOME RULE OR YOUR REQUEST.

IT'S JUST GONNA BE A MOMENT IN TIME.

IT'S JUST GONNA BE THIS LITTLE REQUEST.

AND YOU KNOW WHAT, TO THEM, IT MIGHT EVEN SOUND REASONABLE AND YOU MIGHT EVEN GET A PASSED, BUT WHAT THEY DON'T REALIZE IS THE GAMES THAT ARE BEING PLAYED TO BLOCK PEOPLE FROM VOTING IN THE FIRST PLACE.

AND YOU HAVE TO LOOK AT THE WHOLE SIX PLUS YEARS AS TO EVERY ATTEMPT THAT'S BEEN USED TO THWART OUR VOTE.

AND, UH, I STOPPED COMING BECAUSE I DON'T SEE IT ANYMORE.

I, I JUST CAN'T BE A PART OF IT.

UM, GREENBERG IS, IS REALLY THE POSTER CHILD FOR, YOU CAN'T FIGHT CITY HALL.

IT'S, IT'S A RIGGED GAME.

AND THE, AND UM, THE OPPORTUNITIES, UH, AND THE OPPORTUNITIES FOR SUCCESS ARE MOST DEFINITELY AGAINST US.

YET.

YOU WILL VOTE YES TONIGHT AND PROVE ME WRONG.

UH, OR PROVE ME RIGHT.

AH, VOTE YES TONIGHT AND PROVE ME WRONG.

THERE YOU GO.

I HAD SO LITTLE TIME TO LOOK AT THIS AND PREPARE, BUT I DO HAVE 31 SECONDS.

SO SINCE I WROTE A FEW NOTES, LET ME MAKE SURE I DIDN'T MISS ANYTHING THAT I REALLY WANT TO SAY.

BASICALLY THIS IS A SHAM AND ANOTHER ATTEMPT TO STALL FOR MORE TIME UNTIL SOMETHING COULD BE FIGURED OUT TO THWART THE EFFORTS OF INCORPORATION ALTOGETHER.

THANK YOU.

ANYBODY ELSE WANNA SPEAK? CAREFUL.

PLEASE STATE YOUR NAME WHEN YOU COME TO THE PODIUM.

THANK YOU.

MY NAME IS NANCY ELLIS AND I'M HERE JUST TO TALK ABOUT CAN YOU SPEAK CLOSER? CLOSER.

OKAY.

THIS INCORPORATION WHERE THE EDGEMONT COMMUNITY SIGNED A PETITION AND WHAT THEY SIGNED A PETITION FOR WAS THEY WANTED TO VOTE WHETHER OR NOT TO INCORPORATE.

SO YOU ARE TRYING TO BLOCK THE PEOPLE JUST TO VOTE YES OR NO.

THERE COULD BE MANY PEOPLE IN EDGEMONT WHO SAY, I DON'T WANNA CORPORATION, THEY'LL COME AND VOTE.

SO JUST LET US, IF WE WANNA INCORPORATE THAT'S, I SAID IF, THEN LET THE PEOPLE VOTE.

THANK YOU.

GOOD EVENING.

I'M ACTUALLY HERE TO CONGRATULATE YOU FOR YOUR EFFORTS, UM, ON THIS AND ALL OF THE THINGS THAT YOU'VE DONE TO DELAY INCORPORATION.

CAN YOU NOT HEAR ME? YOUR NAME? OH, I'M SORRY.

MY NAME IS DAVID DIPIERO.

UM, YOU GUYS HAVE MOUNTED THE MOST SPIRITED ATTEMPT TO THWART INCORPORATION IN THE HISTORY OF OUR STATE.

AND I NEVER THOUGHT I WOULD EVER BECOME A STUDENT OF HOW VILLAGES BECOME INCORPORATED, BUT, UM, YOU HAVE CREATED A ROADMAP THAT WILL BE USED OVER AND OVER AGAIN FOR YEARS TO COME.

UM, YOU BECOME A ROADMAP FOR PLACES

[00:10:01]

THAT WANT TO DISENFRANCHISE COMMUNITIES OF COLOR, UM, COMMUNITIES THAT HAVE OTHER DISADVANTAGES, UM, FINANCIAL DISADVANTAGES.

YOU HAVE CREATED A WAY AND A ROADMAP TO STRIP PEOPLE OF THEIR RIGHTS TO VOTE.

AND, UH, IT TOOK A LOT OF ENERGY, IT TOOK A LOT OF TAXPAYERS MONEY, AND YOU'VE CREATED THIS POWERFUL TOOL THAT IS GONNA HURT MANY PEOPLE, NOT JUST THE PEOPLE AT, OF EDGEMONT.

SO I WANTED TO CONGRATULATE YOU FOR WHAT YOU'VE DONE.

THAT'S WHAT YOU'VE DONE.

I'M SORRY.

PUT SPELL AND DID THAT.

OKAY.

YOU CAN'T DO THAT.

PLEASE.

ANYBODY ELSE WOULD LIKE TO SPEAK? YES, YOU CAN COME UP, MA'AM.

HI, BETSY STERN.

I AM.

HMM.

NO, YOU'RE FINE.

MS. STERN.

I REPRESENT NOBODY BUT MYSELF.

LIVED IN GREENBURG FOR OVER 60 YEARS.

I WAS A MEMBER, A FOUNDING MEMBER OF THE CULTURAL, UH, ARTS AND CULTURE COMMITTEE.

UM, WE HAD THE FIRST, UH, ARTS, UH, EXHIBITION IN THE LIBRARY.

WE BROUGHT CLASS A PERFORMANCE TO GREENBURG WITH THE LEAGUE OF WOMEN VOTERS.

I WENT INTO FAIRVIEW TO GET PEOPLE TO VOTE, I BELIEVE, AND THE RIGHT TO VOTE.

I'VE BEEN ON THE BOARD AT WESTCHESTER COMMUNITY COLLEGE.

WE TOOK THE FOUNDATION THERE FROM $400,000 TO $50 MILLION.

I VERY MUCH THINK THAT WE SHOULD BE GIVEN THE RIGHT TO VOTE.

YOUR ROLE IS TO CONVINCE THE PEOPLE IN EDGEMONT THAT IT'S A BAD IDEA.

YOUR ROLE IS NOT TO DENY US THE VOTE.

THANK YOU.

ANYBODY ELSE? COME ON, SIR.

YEP.

YOU CAN COME UP.

FEW SCHWARTZ, 30 YEAR RESIDENT MONT.

UM, FIRST OF ALL, I THINK THESE FOLKS NEED A HISTORY LESSON.

IT WAS THE COURTS THAT, UH, DENIED THEIR PETITIONS.

THE PETITIONS WERE INADEQUATE.

SO, UH, THEY SHOULD REMEMBER THAT.

AND, UH, MAYBE THEY SHOULD CHANGE THE COURT SYSTEM IN NEW YORK.

HAVING SAID THAT, I DON'T DISAGREE WITH WHAT BOB SAID ABOUT ONE THING.

I THINK YOU SHOULD HOLD THIS OVER.

I THINK YOU SHOULD GIVE PEOPLE A CHANCE TO ACTUALLY READ IT AND UNDERSTAND WHAT THIS IS REALLY ABOUT, WHICH IS REALLY ABOUT MAKING SURE THAT WE CONTINUE TO HAVE OR AT LEAST TRY TO HAVE GREENBERG AND OTHER PARTS OF WESTCHESTER AFFORDABLE ADDITIONS OF MUNICIPAL LAYERS DOESN'T MAKE US MORE AFFORDABLE AND MAKES US LESS AFFORDABLE.

THERE AN ISSUE ON LAND USE.

THERE MAY BE OTHER WAYS OF HANDLING LAND USE THAT COULD BE PART OF THIS COMMITTEE.

THE COMMITTEE COULD BE HOPEFULLY A NON-PARTISAN COMMITTEE.

HOPEFULLY IT WOULD INCLUDE PEOPLE FROM LIKE THE, UH, SUNY PURCHASE, UH, LAND USE INSTITUTE WHO ARE EXPERTS ON HOW TO MANAGE THESE THINGS AND MAY HAVE SOME IDEAS FOR MORE LOCAL CONTROL.

BUT TO CALL THIS ANYTHING OTHER THAN THAT AND TO COMPLAIN ABOUT HOW THE TOWN HAS DELAYED THE RIGHT TO VOTE.

THEY DON'T HAVE A RIGHT TO VOTE.

THEY HAVE A RIGHT TO FILE A LEGITIMATE PETITION, WHICH THEY HAVE NOT DONE TWICE.

TWICE.

SO IF THEY FILE A LEGITIMATE PETITION, THAT'S ONE THING.

AND I GUESS THE RIGHTS OF THE 40 SOMETHING THOUSAND PEOPLE WHO WOULD BE AFFECTED BY THIS THAT DON'T GET TO VOTE, DON'T COUNT FOR THESE PEOPLE.

AND THAT'S UNFORTUNATE AS WELL.

SO THIS ISN'T TAKING AWAY ANYBODY'S RIGHTS.

THIS IS SITTING BACK AND STUDYING SOMETHING THAT SHOULD HAVE BEEN STUDIED YEARS AGO, NOT NOW, BUT YEARS AGO.

BUT TO MR. BERNSTEIN'S POINT, LET THEM DIGEST IT.

LET THEM COME UP WITH A SUGGESTION FOR HOW TO HANDLE THIS AND PUT IT OFF FOR A WEEK.

GIVE PEOPLE THE TIME TO DO IT AND UNDERSTAND IT AND COME OUT AND COME OUT AND TALK TO YOU FOLKS.

THAT'S WHAT I WOULD DO.

THANK YOU.

ANYBODY ELSE? HI.

HI.

MY NAME'S MANNY REES.

UM, I'M A RESIDENT OF THE UNINCORPORATED PART OF GREENBERG OR

[00:15:01]

THE ALL 45,000 RESIDENTS.

AND, UH, I I WANT TO CONGRATULATE THE BOARD FOR CREATING, CREATING A PROGRAM THAT ALLOWS COMMUNITIES, OUR COMMUNITY TO STUDY THE IMPACT.

IT'S VERY IMPORTANT.

I DON'T THINK YOU MOVE DRASTICALLY TOWARDS CHANGING, CHANGING THE LAW THAT'S BEEN ON THE BOOKS IN NEW YORK STATE FOR OVER A HUNDRED YEARS THAT HAS BEEN DISCRIMINATING WITH DISCRIMINATING COMMUNITIES TO HAVE A SAY IN HOW THEY WANT TO BE GOVERNED.

AND THE TOWN BOARD AND THEIR WISDOM CREATED A MECHANISM FOR THAT TO BE STUDIED.

AND THANK YOU.

AND I HOPE IT GETS PASSED BECAUSE I THINK AT THAT MOMENT WE WILL, WE WILL ALL BE ABLE TO ANALYZE IT.

UM, AND WHAT YOU'RE DOING NOW, IT DOESN'T NEED POSTPONEMENT BECAUSE IT'S, YOU'RE NOT ASKING THE STATE TO OVERTURN ANY EXISTING LAW, BUT YOU'RE ASKING US TO GIVE US TIME TO DO THE STUDIES THAT ARE NECESSARY.

AND I THANK YOU FOR THE 45,000 MEMBERS OF THE UNINCORPORATED AREA AND, AND, AND MAYBE GIVING US A CHANCE TO, TO BE HEARD AND TO BE VOTE TO VOTE ON IT.

THANK YOU.

JUST TO POINT INFORMATION.

WAIT A SECOND, MS. I'M NOT GONNA TALK.

I JUST HAVE A POINT OF CLARIFICATION.

WAIT, HOLD ON ONE SECOND.

HOLD ONE SECOND.

IS THERE ANYBODY ELSE WHO WANTS TO, UM, SPEAK? OKAY, SO PAUL, DID YOU WANT MR. HIRSCH TO MAKE A POINT OF CLARIFICATION? DID YOU WANNA MAKE SOME COMMENTS? HOW DOES THE BOARD WANT TO PROCEED? UM, IT, ONE SECOND.

IF IT'S IT'S ONE SECOND, UM, COME TO MIKE TO MIKE, PLEASE.

I APPRECIATE YOUR THOUGHTS.

THE POINT OF CLARIFICATION THAT I'D LIKE TO UNDERSTAND IS THE BOARD IS NOT ASKING FOR TIME SO THAT GREENBERG CAN STUDY THE ISSUE.

THE BOARD IS ASKING FOR TIME SO THAT THERE COULD BE A NEW YORK STATE COMMITTEE HOPEFULLY FOUND TO STUDY THE ISSUE.

THERE'S NO, THERE'S NO COMMITTEE TODAY THAT'S GETTING READY TO STUDY THIS.

SO WHILE I APPRECIATE YOUR POINTS, I WANNA MAKE SURE YOU UNDERSTAND WHAT IS THE RESOLUTION IS FOR IT.

GREENBERG DOESN'T WANNA STUDY.

GREENBERG HASN'T STUDIED FOR SIX YEARS.

OKAY, SO NOW WE GOING TO THE AGENDA RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GREENBURG, ADOPTING A HOME RULE MESSAGE, SUPPORTIVE ASSEMBLY BILL NUMBER 1 0 3 8 3 A SENATE BILL SS 9 3 2 5.

AND REQUESTING THAT THE NEW YORK STATE LEGISLATURE EXECUTE A TOWN HOME RULE REQUEST AUTHORIZING THE TOWN OF GREENBURG COUNTY OF WESTCHESTER TO ALIENATE AND DISCONTINUE THE USE OF CERTAIN PARKLAND ON SEKER ROAD AND THE TOWN KNOWN AS THE ENTRANCE TO 61 69 SEKER ARDSLEY, WHICH MAY ALSO BE IDENTIFIED AS AND BY SECTION 8 1 6 OH BLOCK 1 0 1, LOT 47 FOR THE PURPOSE OF CREATING AN EASEMENT FOR ACCESS TO A PUBLIC HOUSING AUTHORITY APARTMENT COMPLEX ADJACENT TO THAT SITE.

I'D LIKE TO MOVE OUT.

SECOND, THAT'S GONNA BE AS AMENDED BECAUSE I BELIEVE OH, AS AMENDED BELIEVE IN ONE OF THE, UH, ATTACHMENTS.

THERE'S STILL A REFERENCE TO A, UH, NONOFFICIAL ADDRESS.

OKAY, SO VOTING ON AN A AMEND EVENT TO JUST TO FIX THAT AS AMENDED.

SECOND.

ALL IN FAVOR? AYE.

AYE.

UM, T B TWO, RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GREENBURG AUTHORIZING A HOME RULE REQUEST TO THE NEW NEW YORK STATE LEGISLATURE FOR AN AMENDMENT OF ARTICLE TWO OF THE NEW YORK STATE VILLAGE LAW, SUSPENDING CERTAIN PROVISIONS RELATING TO PETITIONS FOR VILLAGE AND CORPORATION AND THE TOWN OF GREENBURG WESTCHESTER COUNTY UNTIL DECEMBER 31ST, 2024.

UPON THE AFFIRMATIVE VOTE OF A MAJORITY OF THE TOWN BOARD AND DIRECTING THE NEW YORK STATE DEPARTMENT, I STATE TO CONDUCT A STUDY ON EXISTING LAWS AND REGULATIONS REGARDING INCORPORATION.

AND I'D JUST LIKE TO MENTION THAT, UM, THIS IS NOT A POLITICAL EXERCISE.

THIS IS A TOWN BOARD FULFILLING OUR RESPONSIBILITY TO DO EVERYTHING POSSIBLE.

PAUL, PAUL.

PAUL, BEFORE YOU DO THAT, YOU NEED A SECOND.

I'LL GIVE YOU A SECOND.

I'D LIKE TO MOVE THAT, BUT I'D LIKE TO MAKE A MOTION TO TABLE IT BECAUSE, BECAUSE, UM, ONE OF OUR COUNCILMAN IS NOT WELL MEMBERS IS NOT HERE.

WELL, WE, OR AT LEAST TO OVER IT.

WE'VE NEVER DONE THAT.

WELL, WELL, DID WE GET A SECOND OR DID WE NOT GET A SECOND? THERE'S A SECOND.

THERE'S SECOND.

THERE'S A SECOND.

SO WE'RE HAVING A DISCUSSION TABLE.

A MOTION TO TABLE TAKES PRECEDENT.

OKAY.

YEAH.

MOTION TAKES PRECEDENT.

SO YOU HAVE A MOTION TO TABLE.

IS THERE A SECOND TO THAT? MOTION? SECOND.

OKAY.

SO WE'RE GONNA BE ADJOURNING THIS MATTER OR IS ALL IN FAVOR? VOTE.

IT TAKES THE MAJORITY, UH, THREE QUARTERS, UH, TWO THIRDS.

WELL, YOU'RE THE PARLIAMENTARIAN.

YEAH.

OKAY.

SO YOU HAD A SECOND RIGHT? AND NOW YOU'RE TAKING A VOTE ON THE SECOND ON THE MOTION TO TABLE.

ALL IN FAVOR? AYE.

AYE.

OKAY.

I VOTE NO, I VOTE NO.

OKAY.

SO IT'S, UH, TWO TWO, CORRECT? YES.

OKAY.

[00:20:01]

WITHOUT A MAJORITY VOTE, IT DOESN'T PASS.

OKAY.

NOW IT NEEDS MORE THAN A MAJORITY VOTE.

RIGHT? SO, UM, I'D LIKE TO STATE THAT THIS IS NOT A POLITICAL EXERCISE.

THIS IS A TOWN BOARD FULFILLING OUR RESPONSIBILITY TO DO EVERYTHING POSSIBLE TO SAVE THE TOWN.

THIS IS, UH, REAL PROVIDING STUDY AND BETTER INFORMATION TO RESIDENTS ON BOTH SIDES OF THE QUESTION OF INCORPORATION CAN NEVER BE, BE A THING.

AND THAT IS THE INTENT OF THE MORATORIUM TO OFFER PROTECTIONS TO THOSE WHO WISH TO INCORPORATE AND PROTECTIONS TO THOSE LEFT BEHIND.

THAT'S MY STATEMENT.

OKAY.

I HAVE A STATEMENT AS WELL.

UM, I CAN'T SUPPORT THE BILL AT THIS TIME AS THERE IS NO COMPANION BILL IN THE SENATE, AND THEREFORE NO CHANCE OF PASSAGE.

WE HAVE MANY SUBSTANTIVE ISSUES TO TACKLE THAT HAVE MORE, UM, IMMEDIACY, UM, IN THE SHORT TERM.

AND I THINK THERE, AND CERTAINLY THERE IS NO POSSIBILITY AT THIS JUNCTURE FOR THE STATE LEGISLATURE, FOR THE SENATE, UM, WHICH IS GOING TO ADJOURN ON JUNE 2ND.

AND THE COMMITTEES, ALL THE LEGISLATIVE COMMITTEES HAVE ALREADY SHUT DOWN FOR THIS, FOR THIS SESSION.

OKAY.

UH, I DIDN'T PREPARE A STATEMENT.

UH, I THINK STUDIES ARE A GOOD THING.

I THINK THAT WE HAVE BASICALLY WHAT I PERCEIVED, AND MAYBE THERE'S BEEN A LOT OF ACTIVITY ON A NEW PETITION, BUT IT SEEMS LIKE AFTER DECADES, AND IT'S NOT THE LAST 15 YEARS OR FOUR, IT'S BEEN DECADES OF TALK ABOUT INCORPORATION.

UH, THERE'S TIME THAT WE, WE IT'S TIME THAT WE GET SOMEBODY, UM, THAT CAN BE NEUTRAL, THAT CAN LOOK AT THE ISSUES.

AND YES, LOOK AT THIS A HUNDRED YEAR OLD LAW ON THE, UM, FATHER'S DAY MEETING THAT WE HAD WHEN PEOPLE GOT UP AND SAID, UH, WHY WOULD YOU TOUCH IT? IT'S A HUNDRED YEARS OLD, RIGHT? WELL TAKE A LOOK AT SOME OF THE LAWS THAT ARE A HUNDRED YEARS OLD, RIGHT? I DON'T HAVE TO NAME THEM.

I'M NOT GONNA DO THAT.

WHEN THIS VILLAGE LAW WAS PUT INTO PLACE, YOU HAD PEOPLE WHO PUT HOUSES NEAR OTHER HOUSES, NEAR OTHER HOUSES, AND THEY CREATED A VILLAGE.

AND WHAT WAS LEFT WAS FARMLAND, ALMOST ENTIRELY FARMLAND.

AND THEREFORE, THIS VILLAGE LAW A HUNDRED YEARS AGO DID NOT PROVIDE FOR THE FARMLAND TO VOTE.

WELL, THAT FARMLAND HAS NOW BEEN DEVELOPED.

AND WHEN WE HEAR YOU'RE DEPRIVING US THE RIGHT TO VOTE, WELL, IF YOU'RE TAKING THE POSITION THAT SOLELY THE, THE PEOPLE WHO WANT TO INCORPORATE SHOULD VOTE, WHEN IT HAS A VERY SIGNIFICANT IMPACT ON THAT FARMLAND, WHICH NOW HAS PEOPLE ON IT AND HOUSES AND INDUSTRY, THAT NEEDS TO BE TAKEN INTO CONSIDERATION AS WELL.

BUT THERE'S NO TALK ABOUT LET THEM VOTE TOO.

AND I REALLY DON'T LIKE THIS US VERSUS THEM.

AND SO THAT'S WHY I WOULD PREFER IT NOT TO BE IN, YOU KNOW, BASICALLY THE TOWN BOARD DOING A STUDY AND AND SO FORTH.

BECAUSE FRANKLY, AND ONE OF THE REASONS WHY I'M TAKING THE UNUSUAL STEP FOR ME IN THIS SITUATION AND VOTING THE WAY I AM, IS BECAUSE WHEN THERE WAS DATA PUT OUT ASSOCIATED WITH A PRIOR PETITION AND THE TOWN BOARD REBUTTED SOME OF IT, WE WERE VERY QUICKLY TOLD BY THOSE WHO WANTED TO INCORPORATE NO, NO TOWN BOARD.

YOU CAN'T GET INVOLVED LIKE THAT.

AND THEY PRODUCED A CONTROLLER'S OPINION, WHICH SUPPORTED THAT POSITION IS THAT WE CAN'T TELL, WE CAN'T ADVOCATE ON THE, ON THE PART OF THOSE IN THE UNINCORPORATED AREA.

THAT WOULD REMAIN WHAT WE BELIEVE THAT DATA REALLY SHOWS.

AND SO WHY NOT HAVE SOMEBODY WHO'S NOT THE TOWN BOARD, WHO'S NOT THE ONES THAT ARE, UH, PART OF THE, THE PEOPLE NO, I'M SORRY.

WHY HAVE EVERYBODY PROVIDE DATA TO AN IMPARTIAL SOURCE RIGHT NOW? IT'D BE UP TO OUR COUNTY LEGISL, UH, OUR STATE LEGISLATORS TO COME UP WITH SOME,

[00:25:01]

UH, SOME PEOPLE OR GROUP THAT COULD BE ABLE TO DO THAT.

NOW, THE LIKELIHOOD IS THAT THIS BILL WILL NOT GO FORWARD BECAUSE IT WILL HAVE LEGISLATORS THAT'LL SAY THAT THERE'S NO TIME AND THERE MAY BE NO TIME, BUT AT LEAST IT GETS THE DISCUSSION GOING.

AT LEAST IT GETS THE DISCUSSION GOING.

NOW, IT MAY BE THAT THERE'S SOME PETITION OUT THERE THAT WE HAVEN'T HEARD ABOUT, BUT WHAT THIS DOES IS IT TALKS ABOUT, WELL, THERE'S NO PETITION TO HAVE THIS STUDY GO ON.

AND SO THAT'S WHY I'M TAKING THE POSITION THAT I'M TAKING IS, IS TO LEAST HAVE THIS DISCUSSION.

AND WHEN I HEAR PEOPLE SAY, YOU KNOW, YOU ARE DEPRIVING US OF THE RIGHT TO VOTE, AS WAS STATED BY A SPEAKER, YOU HAVE A RIGHT TO VOTE WHEN YOU EARN A PLACE ON THE BALLOT.

YOU HAVE NOT EARNED A PLACE ON THE BALLOT YET.

NOW THE SUPERVISOR IS THE ONE, IT'S A VERY UNUSUAL LAW.

THE SUPERVISOR'S THE ONLY ONE WHO COULD REALLY CHALLENGE YOUR PETITION AND THE TOWN BOARD IS OUT OF IT.

BUT THEN COURT CASE AFTER COURT CASE HE WON.

AND SO WHEN YOU DISMISS WHAT THE JUDGES ARE SAYING, THAT YOU DON'T HAVE A RIGHT TO VOTE 'CAUSE YOUR PETITION IS INVALID.

AND THEN YOU INSTEAD TURN AROUND AND SAY, THE TOWN BOARD, YOU'RE DEPRIVING US OF OUR RIGHT.

THE LEGAL SYSTEM IS DEPRIVING YOU OF THE RIGHT, 'CAUSE YOU DIDN'T FILE A VALID PETITION.

NOW YOU MAY TRY AGAIN AND DO IT AGAIN, AND MAYBE YOU'LL GET IT RIGHT AND YOU'LL HAVE THE RIGHT AND YOU'LL THEN HAVE A BALLOT.

THAT'S THE WAY THE SYSTEM WORKS.

BUT IT'S NOT FAIR TO MAKE STATEMENTS LIKE LET THE PEOPLE VOTE.

LIKE AS IF WE CAN CONTROL THAT.

UNLESS YOU THINK WE SHOULD JUST ALLOW YOU TO FILE INVALID PETITIONS.

RIGHT? YOU HAVE CREATED A ROADMAP TO DISENFRANCHISING PEOPLE FROM VOTING.

MANY OF US BELIEVE EVERYONE WHO'S AFFECTED SHOULD BE ABLE TO VOTE.

ARE YOU WANTING TO DISENFRANCHISE THE OTHERS? SO WE NEED BASICALLY, YOU KNOW, STEP BACK, TAKE A DEEP BREATH.

WHILE THERE DOESN'T SEEM TO BE , WHILE IT DOESN'T SEEM TO BE ANYTHING GOING ON, AT LEAST TO OUR KNOWLEDGE AND HAVE SOMEBODY COME IN STATE, SEEMS LIKE A GOOD PLACE TO DO IT.

'CAUSE THEY ALSO DEAL WITH OTHER KINDS OF INCORPORATION ISSUES AND SEE WHAT HAPPENS FROM THAT.

THERE MAY BE A STATE, YOU KNOW, A SPECIAL SESSION YOU DON'T, NOBODY KNOWS.

BUT IF WE DON'T, AT LEAST IF WE DON'T AT LEAST START THE PROCESS OF HAVING THAT DISCUSSION, UH, I I THINK WE'RE JUST GOING TO KEEP GOING THROUGH THIS DECADES.

THIS IS WELL BEFORE I EVEN CAME ON THE BOARD DECADES OF TALK ABOUT INCORPORATION.

AND I, AND I THINK IT'S BETTER AT BEST FOR EVERYBODY INVOLVED.

YEAH, I JUST WANNA SAY SOMETHING, YOU KNOW, UM, THE TWO INCORPORATION HEARINGS THAT I PARTICIPATED IN WERE TWO OF THE MOST DIVISIVE HEARINGS THAT I PARTICIPATED IN IN MY 19 YEARS AS TOWN ATTORNEY.

AND I REALLY WOULD NOT LIKE TO GO THROUGH THAT AGAIN.

AND I'M HOPEFUL THAT SOME OF THE BRIGHT PEOPLE THAT HAVE SPOKEN, YOU KNOW, INCLUDING MR. HIRSCH AND MR. MR BERNSTEIN AND MS. STERN AND MANNY AND HUGH SWARTZ, YOU'RE REALLY BRIGHT PEOPLE.

YOU HAVE DIFFERENT PERSPECTIVES AND I'M HOPEFUL THAT YOU'LL GET TOGETHER AMONGST YOURSELVES AND MAYBE FORM A SMALL COMMITTEE AND JUST HAVE A DISCUSSION.

MAYBE IT'S NOT GONNA BE A FRUITFUL DISCUSSION, BUT IF YOU GET PEOPLE IN A ROOM TALKING, YOU NEVER KNOW WHAT'S GONNA HAPPEN.

BECAUSE THE WAY WE'VE BEEN DOING IT SO FAR IS JUST VERY DIVISIVE AND VERY PAINFUL, IRRESPECTIVE OF WHAT SIDE YOU'RE ON.

SO I WOULD ENCOURAGE YOU TO TRY TO DO THAT.

I SEE BOTH SIDES OF THE ARGUMENT AND IT'S ALWAYS WORTH A TRY.

AND I JUST FELT THE NEED TO REALLY EXPRESS THAT.

YEAH.

I JUST WANT TO, BUT BEFORE YOU GO, PAUL, CAN I JUST HAVE A SECOND PLEASE.

SO I JUST HAVE TO SAY THAT THE REASON WHY I HELD THIS OVER OR I TABLED IS BECAUSE I DO AGREE THAT SHAME ON US THAT THE AGENDA ITEM WASN'T UP ON TIME.

THAT YOU GUYS DIDN'T, THAT YOU WERE NOT ABLE TO REVIEW THE AGENDA AND TO REALLY LOOK AT WHAT IS BEING ASKED.

UM, I HAD A, I HAD A VERY GOOD CONVERSATION, UM, EARLIER THIS MORNING AND I WAS ASKED WHAT I FELT ABOUT THIS RESOLUTION AND WHY, WHAT I SEE IN THIS RESOLUTION, I DON'T SEE ANYTHING WRONG.

I DON'T SEE ANYTHING WRONG.

AND LET ME TELL YOU WHY I DON'T SEE ANYTHING WRONG, BECAUSE ALL WE ARE DOING IS ASKING A STUDY TO SEE THE IMPACT THAT IT'S GOING TO HAVE ON THIS COMMUNITY.

THAT'S ALL WE'RE, THAT'S

[00:30:01]

ALL WE'RE ASKING FOR IS JUST TO SEE WHAT THE IMPACT IS GOING TO BE.

BECAUSE NOT ONLY IS THIS GOING TO IMPACT EDGEMONT, IT'S GOING TO IMPACT ALL THE OTHER RESIDENTS AND UNINCORPORATED GREENBURG AND, AND AS EASY AS COMFORTABLE.

AND AS, AND I UNDERSTAND THAT THIS HAS BEEN ON THE BOOKS FOR 20 WHATEVER YEARS IT'S BEEN ON THE BOOKS FOR AND YOU KNOW, WE WANT YOU GUYS, OR I WON'T SAY YOU GUYS THAT YOU WANT TO, UM, INCORPORATE, I JUST THINK THAT WE, IT WOULD BE IN OUR BEST INTEREST IF WE JUST HAD AN INDEPENDENT STUDY JUST FOR EVERYONE TO SEE EVERYONE TO SEE HOW IT'S GONNA IMPACT.

'CAUSE I DON'T THINK IT'S FAIR FOR IT TO JUST BE ONE-SIDED, RIGHT? SO THAT IS IN, AND THEN WITH COUNCILMAN JONES NOT BEING ABLE TO, UM, EXERCISE HIS VOTE AS WELL.

BUT I THINK I REALLY WANT AS, AS YOU REALLY LOOK AND YOU REALLY READ THIS RESOLUTION, PLEASE UNDERSTAND IT'S NOT TO HOLD OR DENY ANYONE'S VOTING, RIGHT? BUT IT IS TO WANT TO SEE EXACTLY WHAT THE IMPACT IS GOING TO BE TO THIS TOWN.

AND, YOU KNOW, I JUST WOULD WANNA MENTION THAT EXISTING MUNICIPALITIES HAVE LIABILITIES INCLUDING BOND DEBT, OUTSTANDING PAYABLES, POST-EMPLOYMENT OBLIGATIONS, PENSIONS.

WHAT PERCENTAGE OF THOSE OBLIGATIONS REMAIN THE RESPONSIBILITY OF THE PROPOSED VILLAGE AS, UH, THESE LIABILITIES WERE ACCRUE, ACCRUED DURING THE PERIOD THE PROPOSED VILLAGE WAS STILL A PART OF THE LARGE MUNICIPALITY.

HOW SHOULD THEY BE PAID AND WHEN THESE ARE ISSUES THAT COULD BE ADDRESSED DURING THE MORATORIUM, BECAUSE EVERYBODY RIGHT NOW IS GIVING DIFFERENT ANSWERS AND WE NEED CLARIFICATION FROM THE STATE.

MUNICIPALITIES HAVE ASSETS.

DOES A NEW VILLAGE HAVE THE RIGHT, DOES ANY PORTION OF THESE ASSETS? THAT'S SOMETHING THAT THE STATE COULD GIVE AN OPINION ON.

BECAUSE IF WE DO THIS CORRECTLY AND EVERYBODY KNOWS WHAT THE RULES ARE, UM, THEN THERE'S GONNA BE NO SURPRISES AND WE'RE GONNA REDUCE THE POSSIBILITY OF LITIGATION LATER ON.

DO RESIDENTS OF EDGEMONT HAVE A PARKING PRIVILEGES? YOU KNOW, THAT'S BEEN A CON A CONTENTIOUS ISSUE WITH SOME PEOPLE SAYING THE PARKING AUTHORITY COULD TAKE IT AWAY.

OTHER PEOPLE SAY NO.

SO WE COULD GET, UH, DEFINITE ANSWERS, UM, MUNICIPALITIES OWN PROPERTY AND OPERATE PROGRAMS WHICH MAY EXIST WITHIN THE GEOGRAPHIC BOUNDARIES OF A NEW VILLAGE WHO WOULD OWN AND OPERATE AND PAY FOR THESE PROPERTIES POST INCORPORATION.

HOW AND AT WHAT COST WOULD THESE PROPERTIES TRANSFER IF THEY DID, THAT'S ANOTHER ISSUE.

UM, YOU KNOW, WE COULD GO ON AND ON.

UM, BUT AGAIN, YOU KNOW, MY GOAL IN SUPPORTING THIS RESOLUTION IS TO GET ANSWERS, NOT TO PREVENT ANYBODY FROM VOTING, UM, NOT TO STOP THE INCORPORATION EFFORT, BUT YOU KNOW, IF THERE'S AN INDEPENDENT, UH, IF THE STATE DEPARTMENT OF NEW YORK, WHICH DOESN'T HAVE A, A STAKE IN, YOU KNOW, THEY'RE NOT FOR OR AGAINST IT.

IF YOU HAVE AN INDEPENDENT ANALYSIS AND WE COULD GET ANSWERS TO QUESTIONS, THEN AT THE TIME THERE'S A VOTE BY EDGEMONT RESIDENTS, THERE'LL BE MORE CLARITY AND CERTAINTY AS TO WHAT THE RAMIFICATIONS ARE.

THAT'S WHY I FEEL SO STRONGLY, YOU KNOW, YOU KNOW, YOU KNOW ABOUT THIS.

SO WE MOVE A SECOND.

AND, UH, I JUST WANNA SAY PAUL HAS SAID THAT, UH, HE SAID HE CAN GO ON AND ON AND WE KNOW HE CAN.

UM, ONE OF THE CONCERNS I HAD IS WHEN, UH, WOULD, WOULD THE STUDY THAT WE'RE TRYING TO HAVE DONE INDEPENDENTLY BE TRULY INDEPENDENT? AND HE HAS, UH, ASSURED US THAT HE WOULD, HE HE WOULD NOT BE SENDING EMAILS EVERY DAY REGARDING INCORPORATION OR ANYWHERE NEAR THAT.

UH, BECAUSE OBVIOUSLY IF IT'S NOT TRULY AN INDEPENDENT STUDY YEAH, THEN WE WOULD BE WASTING OUR TIME AND NOBODY WANTS TO DO THAT.

GREAT.

SO JUDITH, WOULD YOU CALL THE QUESTION, WOULD YOU CALL THE ROLL? YES.

THE TB TWO.

WELL, DIDN'T WET TWO, WE DOING TB 2, 2 3.

DO A ROLL CALL? NO, NO, NO.

COUNCIL WOULDN'T BE CORRECTED.

NO, WE, WE, WE ARE HAVING RIGHT NOW, WE'RE NOT INTERRUPTED.

WE, WE CALLED JUDITH.

COULD YOU CALL THE QUESTION WE, WE, UM, GOT THE JUDITH PLEASE CALL THE QUESTIONS.

NO, NO.

JUDITH, PLEASE CALL THE, PLEASE CALL THE VOTE.

JUDITH.

JUDITH.

YES.

ANY NEW PETITION, BUT THAT WAS, YOU START THE OTHER END TWO COUNCILWOMAN ELLEN HENDRICKS.

I'M SORRY.

UM, WE'RE

[00:35:01]

DOING A RULE.

YOU VOTE ON THE, THE MAIN MOTION.

NA ELLEN HENDRICKS.

SHE SAID NO.

I SAID NO.

COUNCILMAN GINA JACKSON? NO.

COUNCILMAN FRANCIS SHEEN? YES, THOUGH IT FAILS.

OKAY, SO WE'LL MOVE ON TO THE NEXT THING.

IT DOES NOT PASS.

NOT A MAJORITY.

IT FAILS.

IT FAILED.

THE RESOLUTION FAILED TO PASS.

OKAY, THANK YOU.

NEXT ON THE AGENDA, YOU GOT ONE MORE RESOLUTION.

C ONE C ONE RESOLUTION.

C ONE RESOLUTION, SCHEDULING A PUBLIC HEARING FOR WEDNESDAY, MAY 25TH TO CONSIDER A LOCAL LAW CREATING NEW CHAPTER OF THE CODE OF THE TOWN OF GREENBURG.

CHAPTER 3 74 ENTITLED LEAF BLOWERS REGULATION OF YARD AND LEAF BLOWERS TO RESTRICT, PROHIBIT THE USE OF LEAF BLOWERS IN THE TOWN OF GREENBURG.

I'D LIKE TO MOVE THAT SECOND.

ALL IN FAVOR? AYE.

AYE.

YOU GONNA CLOSE THE MEETING? I'D LIKE TO CLOSE THE MEETING A SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.