* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] WELCOME TO OUR [ PLEDGE OF ALLEGIANCE] TOWN BOARD MEETING. TODAY IS WEDNESDAY, JANUARY 28TH AT SEVEN, UH, ALMOST 20. UM, AND, UM, WE'RE GONNA START THE MEETING WITH THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS FOR ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. PLEASE REMAIN [ MOMENT OF SILENCE In memory of Minnesota's Renée Good, an award-winning poet, and Alex Jeffrey Pretti, an ICU nurse dedicated to our veterans, who were tragically taken from us for standing up for civil/immigration rights and free speech. We hold their families, friends, and their community in our thoughts during this difficult time of grief and stand together in unity and peace. In memory of those around the world who have perished as victims of war, disease and natural disaster. Our hearts are with all who needlessly suffer.] STANDING. AND WE HAVE A MOMENT OF SILENCE IN MEMORY OF MINNESOTA'S RENEE GOODE, AN AWARD-WINNING POET. AND ALEX JEFFREY PRETY AND ICU NURSE, DEDICATED TO OUR VETERANS WHO ARE TRAGICALLY TAKEN FROM US, STANDING FOR UP FOR CIVIL, UH, IMMIGRATION RIGHTS, AND FREE SPEECH. WE HOLD THEIR FAMILIES, FRIENDS, AND THEIR COMMUNITY, AND OUR THOUGHTS DURING THIS DIFFICULT TIME OF GRIEF AND STAND TOGETHER IN UNITY AND PEACE AND, UM, IN MEMORY OF THOSE AROUND THE WORLD WHO HAVE PERISHED AS VICTIMS OF WAR DISEASE, A NATURAL DISASTER. OUR HEARTS ARE WITH ALL THOSE WHO NEEDLESS NEEDLESSLY SUFFER. THANK YOU. AND NEXT ON, UH, THE LIST WE'RE GONNA BE HONORING, UM, ROLL CALL. THE RETIRED ROLL, ROLL CALL. [ ROLL CALL: Town Clerk Lisa Maria Nero] A ROLL CALL. . GOOD EVENING, SUPERVISOR. FINER HERE. COUNCILMAN. SHE PRESENT. COUNCILWOMAN JACKSON. PRESENT COUNCILWOMAN HABER. PRESENT, COUNCILWOMAN HENDRICKS, PRESENT TOWN ATTORNEY PARLIAMENTARY, MR. JOE DANKO PRESENT. AND I'D JUST LIKE TO NOTE THAT COUNCILWOMAN HABER IS ATTENDING VIA ZOOM IN COMPLIANCE WITH ALL STATE TOWN LAWS, UM, BECAUSE WE HAD A PHYSICAL QUORUM PRESENT IN THE BUILDING RIGHT NOW, WHICH WAS PUBLICLY NOTICED. SO SHE CAN VOTE ON ALL MATTERS TONIGHT. THANK YOU. THANK, THANK YOU. AND WE'RE GONNA START THE [ PRESENTATIONS (Maximum 10 minutes each) Honoring Retired Mayors from Ardsley, Dobbs Ferry, Hastings, and Irvington Commmunity Service Efforts through the Sewa Program (Dr. Mudhakar Srivatsa) Greenburgh Chamber of Commerce's Business of the Month Award - GOLDEN KRUST] MEETING BY PAYING TRIBUTE TO, UM, RETIRING MAYORS. UM, THERE'S FOUR, UM, RETIRING MAYORS, LEY DOBS FERRY, UM, UH, HASTINGS AND IRVINGTON. AND WE WANNA SALUTE, UH, ALL THE MAYORS AND THANK GOD THEM FOR THEIR, UH, EFFORTS AND DEVOTION TO THE COMMUNITY AND THEIR COMMITMENT, UH, OVER, OVER THE YEARS. UM, NANCY KABUL, UM, UH, RECENTLY RETIRED AS MAYOR OF THE VILLAGE OF ARDSLEY. UM, UH, SHE WAS, UM, MAYOR, UM, FOR, UM, EIGHT YEARS, UM, TRUSTEE FOR FOUR YEARS. AND, UM, DURING HER REMARKABLE 12 YEARS OF DEDICATED SERVICE, UH, NANCY SHOWED A DEVOTION TO THE WELLBEING AND FLOURISHING OF THE COMMUNITY. UH, SHE RECEIVED NATIONAL RECOGNITION FOR HER EFFORTS, HELPING THE MIGRANTS AND IMMIGRANTS AND ASYLUM SEEKERS, AND REALLY, UH, HIGHLIGHTED, UM, WHAT COMMUNITIES SHOULD DO. BECAUSE INSTEAD OF TAKING SOMETHING THAT COULD HAVE BEEN CONTROVERSIAL, SHE BROUGHT THE COMMUNITY TOGETHER. THERE WERE MANY VOL, MANY PEOPLE IN THE COMMUNITY, UM, UM, WHO EMBRACED THE ASYLUM. UH, YOU KNOW, SEEKERS, THEY HELPED THEM, THEY VOLUNTEER, THEY DON'T NEED THEIR TIME. IN OTHER COMMUNITIES, THE MAYORS WOULD'VE SAID, WE DON'T WANT IMMIGRANTS. UH, WE WOULD'VE, THEY WOULD'VE FOUGHT, UH, WHAT HAPPENED? AND SHE EMBRACED THEM, WELCOMED THEM, AND MADE THEM FEEL REALLY GOOD AND TREATED THEM LIKE HUMAN BEINGS. SO I REALLY APPRECIATE WHAT SHE DID, AND SHE'S REALLY A ROLE MODEL FOR, YOU KNOW, THE NATION. UM, UM, AND, UM, YOU KNOW, SHE'S DONE SO MUCH MORE. YOU KNOW, THE ODDSLY, UM, HIGHWAY GARAGE WAS BUILT UNDER HER ADMINISTRATION. WE HAVE A DIVERSITY, UM, UH, COMMITTEE. UH, SHE EMBRACED DIFFERENT CULTURES. SHE'S DONE SO MANY GREAT THINGS. AND WE JUST WANNA SAY THANK YOU FOR EVERYTHING YOU'VE DONE. SO I'LL GIVE YOU, AND OUR WELCOME PACKAGE IS ACTUALLY DEV DEVELOPED RIGHT AFTER ARTS LEASE. AND IF YOU WANT TO SAY ANYTHING, THANK YOU VERY MUCH. THANK, APPRECIATE LOTION ON YOU COULD SAY ANYTHING YOU WANT ABOUT THE A BUDGET, BECAUSE YOU ALREADY GOT THE PROCLAMATION. WE CAN TAKE IT AWAY FROM YOU. OH, WOW. OKAY. I JUST WANNA SAY THANK YOU VERY MUCH. UM, AND, UH, AND, AND, UH, THANK YOU FOR ALL OF YOUR HARD WORK AND CIVIL SERVICE, UM, TO OUR COMMUNITY. I THINK IT'S IMPORTANT THAT, UH, WE ALL WORK TOGETHER FOR THE BENEFIT OF ALL OUR RESIDENTS. SO I REALLY APPRECIATE IT. I REALLY ENJOYED MY 12 YEARS ON THE BOARD, MY EIGHT YEARS AS MAYOR. I WAS HAPPY NOT TO BE MAYOR WHEN THE SNOW CAME THIS YEAR, . SO, THANK YOU VERY MUCH, . THANK YOU, NANCY. THE NEXT, UH, MAYOR WE'RE GONNA RECOGNIZE IS VINCENT, UH, OW. UM, WHO RECENTLY RETIRED AS THE MAYOR OF THE VILLAGE OF [00:05:01] DUFFS FERRY. UM, HE HAD, UH, SERVED THE VILLAGE, UM, AS MAYOR FROM 2019 THROUGH 2025. PREVIOUSLY SERVED AS 2011 TO 2019. AND, UM, HE DID AN AMAZING JOB MODERNIZING THE VILLAGE INFRASTRUCTURE, ADDRESSING REPAIRS TO ROADS AND UNDERGROUND, UM, SYSTEMS, UM, FOCUSED ON ENVIRONMENTAL SUSTAINABILITY, UH, LEADING DOS AREA TO ACHIEVE A CLIMATE SMART SILVER CERTIFICATION. UM, AND I KNOW THAT EVERY TIME I GO ON ASHFORD AVENUE AND SEE, UH, GOULD PARK, I GET JEALOUS, UH, BECAUSE IT'S, IT'S REALLY A REMARKABLE, UH, NEW, NEW PARK. UM, YOU KNOW, ONE OF THE NICEST NEW PARKS, YOU KNOW, I'VE, I'VE SEEN, AND THAT'S BECAUSE OF YOUR, YOU KNOW, YOUR LEADERSHIP. AND, UH, I JUST REALLY AM VERY IMPRESSED WITH WHAT YOU KNOW, WHAT YOU'VE DONE. YOU'VE HELPED, UM, UH, THE DOWNTOWN BUSINESS AREA. UH, YOU'VE, UM, FOUNDED THE HUMAN RIGHTS AND DIVERSITY COMMITTEE IN, IN, YOU KNOW, IN DOPPS FERRY. UH, YOU FOCUSED ATTENTION ON BLACK LIVES MATTER. UH, YOU'VE SHOWN EMPATHY, DEEP COMMITMENT, UH, TO THE PUBLIC. GOOD. UM, AND WE JUST WANT TO SAY THANK YOU FOR YOUR SERVICE. AND I FORGOT TO MENTION THAT NANCY ALSO, UH, OVERSAW A NEW PARK, UH, THE MCDO, UH, AND, UM, AND, UM, AND LEY, THEY RENOVATED JUST A SPECTACULAR PARK NEAR THE ALEY MIDDLE SCHOOL. SO WE WANT TO THANK YOU FOR THAT ALSO, AND I, I FORGOT TO MENTION THAT, THANK YOU. THOUSANDS AND THOUSANDS OF INJURED WORKERS. IT WAS MOSTLY THAT , DO YOU WANNA SAY ANYTHING? IT'S FUNNY STANDING ON THIS SIDE AS OPPOSED TO THAT SIDE, BUT I JUST WANNA SAY THANK YOU VERY MUCH. YOU KNOW, YOU ARE ALL UN, WE'RE ALL UNSUNG HEROES WHEN IT COMES TO, UH, GOVERNMENT, YOU KNOW, ELECTED OFFICIALS. SO WE APPRECIATE EVERYTHING THAT YOU DO AND THE TIME YOU SPEND. SO, THANK YOU. THE NEXT MAYOR WHO WE'RE GONNA RECOGNIZE IS JONATHAN SIEGEL, WHO RETIRED, UM, AS MAYOR OF, UM, IRVINGTON. HE DID SUCH A GREAT JOB AS MAYOR THE FIRST TIME THAT THEY ASKED HIM TO COME BACK, . UM, AND, UM, AND, UM, YOU KNOW, HE REALLY IS ONE OF THE MORE DEVOTED, UH, PUBLIC, UH, YOU KNOW, SERVANTS. AND, UM, HIS, UM, STYLE, HE ENCOURAGED TRANSPARENCY, UH, GOOD FISCAL, UM, RESPONSIBILITY. HE PROMOTED ACTIVE COMMUNITY INVOLVEMENT, AND IRVINGTON IS AN ATTRACTIVE, AFFORDABLE, AND ACCESSIBLE, UH, YOU KNOW, COMMUNITY. AND HE'S TACKLED MANY, MANY CHALLENGES, ADDRESSED INFRASTRUCTURE IMPROVEMENTS, UH, STRATEGIC FACILITIES PLANNING, AND, UM, ENVIRONMENTAL STEWARD STEWARDSHIPS. AND HE PARTICIPATED IN THE MAYOR'S MONARCH PLEDGE, WHICH, UH, ACTIVELY SUPPORTS LOCAL CONSERVATION EFFORTS. UM, HE IMPLEMENTED MANY, MANY, UH, NEW INITIATIVES, TRANSITION OF ESSENTIAL VILLAGE PERSONNEL, FACILITATED, UH, CRUCIAL COMMUNITY DISCUSSIONS ON SIGNIFICANT TOPICS SUCH AS, UM, THE UTILIZATION OF NORTH BROADWAY CORRIDOR AND STRATEGIES FOR DEALING WITH DEER MANAGEMENT. SO WE SAY, UH, THANK YOU. AND, UM, MAYBE AT SOME POINT YOU'LL BE BACK AS MAYOR AGAIN. , COME ON BACK. . THESE AREN'T EULOGIES, THEY'RE JUST PROCLAMATION. I, I JUST, I'LL ECHO MY, UH, FELLOW MAYORS IN, IN, IN THANKING YOU FOR YOUR PUBLIC SERVICE. AND, UH, SINCE YOU'VE, UH, CALLED OUT THE CREATION OF PARKS ON, ON BOTH THEIR PARTS, I MAY HAVE TO COME BACK FOR A THIRD TERM PARK. AND THE LAST MAYOR WE'RE GONNA RECOGNIZE IS, UH, NIKKI AT ARM CUSS. UH, NIKKI IS, UM, A VERY SPECIAL MAYOR BECAUSE IF THERE'D BE LIKE A MAYOR OF ALL THE MAYORS IN WESTCHESTER, SHE WOULD BE THAT SHE'S THE HEAD OF THE WESTCHESTER MUNICIPAL OFFICIALS ASSOCIATION. SO THERE'S ONLY ONE PERSON WHO'S A CHIEF ELECTED OFFICIAL IN THE COUNTY, WHO IS HONORED AS LIKE THE NUMBER ONE ELECTED OFFICIAL, UM, IN THE COUNTY. AND THAT'S, UH, NIKKI. NANCY HAD THAT JOB, UM, UM, [00:10:01] A WHILE BACK. UM, AND, UM, AND NOW, UH, NIKKI IS, UM, LEADING THE EFFORT OF MUNICIPAL OFFICIALS IN THE COUNTY AND IS A GREAT ADVOCATE FOR, UH, UH, FOR LOCAL GOVERNMENTS. UM, SO WE'RE RECOGNIZING HER ON HER RETIREMENT AS MAYOR OF THE VILLAGE OF HASTINGS. SHE STILL IS THE HEAD OF THE, UH, WASHINGTON MUNICIPAL OFFICIALS ASSOCIATION. SO MAYBE WE WILL HONOR YOU AGAIN IN A COUPLE MONTHS. UM, UM, BUT, UM, YOU'VE DEMONSTRATED, UH, AN UNWAVERING COMMITMENT, UH, TO SUSTAINABILITY AND ENVIRONMENTAL ADVOCACY, GUIDING THE VILLAGE TO EARN LOTS OF DISTINCTIONS AS A CLIMATE SMART COMMUNITY. UM, IT'S ONE OF RECOGNIZED STATEWIDE, UM, YOU EFFECTIVELY MAINTAIN THE VILLAGE'S ROBUST FISCAL HEALTH. YOU, UM, SUCCESSFULLY ACQUIRED SUBSTANTIAL EXTERNAL FUNDING FOR ESSENTIAL CAPITAL ENHANCEMENTS AND ENSURE THE TAXES REMAIN AFFORDABLE TO RESIDENTS. AND, UM, YOU ADDRESS THE COVID-19 PANDEMIC AND VARIOUS FLOODING EVENTS, UM, DURING YOUR, YOUR TENURE. UM, AND YOU'VE JUST BEEN A, AN EXCELLENT MAYOR, AND YOU'VE, UM, REC BEEN RECOGNIZED BY SERTA AND OTHER, OTHER ORGANIZATIONS. I JUST WANT TO, WE ALL WANT TO THANK YOU FOR YOUR SERVICE AND, AND LEADERSHIP HERE ON THE SIXTH WHEN WE HOST THE LEGISLATIVE DELEGATION FOR THE WESTCHESTER MUNICIPAL OFFICERS ASSOCIATIONS. YES, THANK YOU. I KNOW YOU NOT BE HERE ON THE SIXTH . JUST TO ECHO EVERYONE ELSE, THANK YOU ALL SO MUCH. IT'S REALLY VERY SPECIAL TO BE A RIVER TOWN'S MAYOR. I THINK WE ARE ALL VERY LUCKY THAT WE HAD THAT DISTINCTION, AND WE ARE VERY LUCKY TO BE PART OF THE TOWN OF GREENBURG. SO THANK YOU FOR ALL YOUR SUPPORT FOR ALL OF US. AND IF I MAY, BECAUSE I AM A FORMER RESIDENT OF HASTINGS PROPER, UM, I LIVE ON THE WEST SIDE OF GREENBURG NOW, BUT, UM, I'VE WORKED WITH NIKKI FOR MANY YEARS. UM, SHE DID IN FACT TAKE US OUT OF THE RED AND BRING US TO THE BLACK. AND SHE'S WORK WITH THE DISPLACED MIGRANTS WAS JUST UNBELIEVABLE. AND THE, THE WORK THAT THEY ALL DID DURING SOME VERY TRAUMATIC TIMES DURING COVID AND DURING HUGE STORMS, THEY ALL KEPT THEIR HEAD, THEY'VE ALL MANAGED TO GET, STEER THEIR VILLAGES THROUGH VERY TOUGH TIMES. AND YOU DID A GREAT JOB. AND I THANK YOU, VINNY, JOHN, ALSO GREAT THINGS. THANK YOU. THANK YOU. THANK YOU. Y DON'T WANNA STAY LOVE. I DO WANNA SAY SOMETHING AND THEN WE'RE GONNA TAKE A PICTURE. SURE. WE, WE DID THIS TO THANK YOU, AND EACH ONE OF YOU GOT UP AND THANKED US, WHICH SAYS AN AWFUL LOT ABOUT YOUR CHARACTER, BECAUSE IT REALLY WAS TO THANK YOU, AND WE REALLY DO. UH, BUT WE'D LIKE TO TAKE A JOINT PICTURE WITH EVERYBODY. YEAH. PLEASE. WHILE YOU'RE GATHERED FOR THE PICTURE. I JUST WANNA ALSO EXPRESS, UH, MY, MY RESPECT AND ADMIRATION FOR ALL FOUR MAYORS WHO ARE, HAVE, ARE BEEN UNIQUE AND SPECIAL AND STRONG AND, UH, IN, IN DIFFERENT WAYS, BUT HAVE WORKED SO WELL TOGETHER AND WISH THEM ALL THE BEST IN EVERYTHING THAT THEY'RE GOING TO DO GOING FORWARD. GREAT. LEMME GET JOE OUT OF THE, I WAS GONNA SAY, DON'T GET ME IN IT. CAN YOU GET, CAN YOU GET JOY? OH, NO, SHE'S HAVING, WE'LL, WE'LL, WE'LL, WE'LL, THERE'S NOT ROOM BETWEEN LISA AND PAUL. OKAY. I'LL, I'LL, I'LL SEE YOU. I'LL WAIT FOR MY HOLIDAY CALLS. OKAY. SHE ALWAYS CALLS, SHE ALWAYS CALLS FOR THE HOLIDAY. GREAT. NEXT, UM, UH, WE WOULD JUST LIKE TO, UM, RECOGNIZE, UH, THE COMMUNITY, THE COMMUNITY SERVICE EFFORTS THROUGH THE CWA PROGRAM, UH, PROGRAM. AND DRM KARSKA IS HERE, AND YOU JUST ARE GONNA TELL US A LITTLE [00:15:01] BIT ABOUT YOUR PROGRAM. SURE. UM, IF YOU COULD GO UP TO THE PODIUM, I CAN USE IT. YEAH. OKAY. AND DO I NEED TO COLLECT SOMEWHERE, UH, TO PROJECT? YOU NEED TO SIGN INTO ZOOM. OKAY. UH, I DON'T HAVE THE ZOOM. GUESS YOU DIDN'T, UH, SET THIS UP IN ADVANCE, TERRANCE. YOU KNOW WHAT, UH, ACTUALLY WE COULD DO THE GOLDEN CRUST AND THEN, UH, WE SHOULD WE ASK, WE GET THE ZOOM. I A, WE'LL WORK ON THE ZOOM. NO WORRIES. SO WE HAVE, UM, SOME, UH, LOCAL BUSINESSES AND, AND RECENTLY WE STARTED A PROGRAM, UM, A BUSINESS OF THE MONTH, UH, PROGRAM HONORING, UM, EXCEPTIONAL, UM, UNIT BUSINESSES, UM, IN THE TOWN. AND WE ROTATE ONE MONTH. UM, IT'S THE CHAMBER, GREENBURG CHAMBER OF COMMERCE, AND THE, UH, FOLLOWING MONTH, IT'S, UM, THE RIVER TOWNS, UH, ROTARY. AND, UH, THIS MONTH, UM, WE'RE GONNA BE HONORING GOLDEN CRUST AND, UM, TRUDY HOLLAND, UM, WHO IS THE HEAD OF THE GREENBERG CHAMBER OF COMMERCE, UM, IS GOING TO, UM, IS GONNA TALK ABOUT WHY WE ARE SELECTING, UH, GOLDEN CRUST AS THE HONOREE. GOOD EVENING. AS PRESIDENT OF THE GREENBERG CHAMBER OF COMMERCE, IT GIVES ME GREAT PLEASURE TO BE HERE TODAY TO RECOGNIZE AND CELEBRATE ONE OF THE OUTSTANDING MEMBERS OF OUR LOCAL BUSINESS COMMUNITY. OUR BUSINESS OF THE MONTH IS GOLDEN CRUST, A BELOVED CARIBBEAN RESTAURANT THAT HAS BEEN SERVING NOT JUST INCREDIBLE FOOD, BUT ALSO HEART GENEROSITY AND COMMUNITY SPIRIT. TODAY WE PROUDLY CELEBRATE CHARMAINE AND HERBERT GOLDEN, WHO HAVE BEEN THE DEDICATED OWNERS OF THE GOLDEN CRUST FOR THE PAST 20 YEARS, AND WHOSE COMMITMENT TO THIS COMMUNITY GOES FAR BEYOND THEIR DOORS. CHARMAINE AND HERBERT TRULY BELIEVE THAT FEEDING THE HUNGRY IS ESSENTIAL TO UPHOLDING MORAL AND ETHICAL VALUES. THEY UNDERSTAND THAT PROVIDING FOOD FULFILLS A HUMANITARIAN DUTY, CARING FOR VULNERABLE INDIVIDUALS, PREVENTING HUNGER AND FOSTERING OVERALL COMMUNITY WELLBEING. OVER THE YEARS, THEY HAVE CONSISTENTLY GIVEN BACK TO VARIOUS CHARITABLE ORGANIZATIONS, INCLUDING SCHOOLS AND CHURCHES, MOST NOTABLY, EACH THANKSGIVING ON THE SUNDAY BEFORE THE HOLIDAY, GOLDEN CRUST DONATES OVER 400 MEALS TO THOSE IN NEED. THESE MEALS ARE DISTRIBUTED THROUGH TICKETS GIVEN OUT AT CHURCHES AND HOMELESS CENTERS, AS WELL AS TO INDIVIDUALS WHO COME DIRECTLY INTO THEIR RESTAURANT ON THANKSGIVING DAY. THEY PARTNER WITH CHRIST TEMPLE CHURCH, WHERE THEY HOST A THANKSGIVING MEAL FOR MORE THAN 200 PEOPLE, MANY OF WHOM MIGHT OTHERWISE NOT HAVE A MEAL OR A PLACE TO GO. THEY CONTINUE THIS SPIRIT OF GENEROSITY DURING CHRISTMAS SEASON AS WELL, DONATING MEALS TO THOSE IN NEED. TODAY, WE ARE HERE TO CELEBRATE YOUR ACCOMPLISHMENTS AND RECOGNIZE YOUR BUSINESS FOR THE MEANINGFUL CONTRIBUTIONS YOU HAVE MADE TO OUR COMMUNITY. CHARMAINE AND HERBERT, THANK YOU, THANK YOU, THANK YOU FOR BEING A SHINING EXAMPLE OF WHAT MAKES OUR LOCAL BUSINESS COMMUNITY SO SPECIAL. WE TRULY APPRECIATE ALL THAT YOU DO, AND WE ARE HONORED TO CELEBRATE YOU AS OUR BUSINESS OF THE MONTH. CONGRATULATIONS. AND I HAVE, UH, CONGRATULATIONS. CONGRATULATIONS. AND I HAVE A CERTIFICATE. I'LL BRING IT DOWN. CONGRATULATIONS. HE'S GONNA COME SEE YOU. WELL, THIS IS APPRECIATED. AND WE DO THIS NOT THE COST OF THE RECOGNITION, BUT IT'S SOMETHING THAT WE DO FROM OUR HEART. AND, UM, EVEN WHEN I STARTED MY BUSINESS, MY HUSBAND KNOWS I GIVE, AND HE WOULD SAY TO MY MANAGER, MAKE SURE SHE DON'T GIVE AWAY EVERYTHING. AND, UM, IT'S SOMETHING THAT WE THINK IT'S IMPORTANT THAT IF YOU HAVE ENOUGH TO SHARE, AND GOD BLESS YOU, YOU SHOULD. AND I THINK GREENBERG IS A, A GOOD COMMUNITY TO BE A PART OF, BECAUSE THE APPRECIATION THAT WE GET FROM THE CUSTOMERS, AND I CAN TELL YOU WHEN WE GIVE IT COMES BACK. THAT'S RIGHT. AND WE ARE SEEING THE FRUIT OF THAT. THANKS. THAT'S RIGHT. I JUST WANT YOU TO MENTION ONE OTHER THING. I REMEMBER WHEN I WAS YOU GROWING UP, UH, I LEARNED THAT THERE WAS SOMEBODY BY THE NAME OF MAIMONIDES AND HE SAID THAT THE, THE HIGHEST FORM OF CHARITY IS WHEN SOMEBODY DOESN'T SEEK THE RECOGNITION. AND [00:20:01] YOU SORT OF REPRESENT, UH, WHAT THE, YOU KNOW, THE BEST OF SOMEBODY WHO, UH, GIVES BACK TO THE COMMUNITY BECAUSE YOU GIVE BACK AND YOU NEVER ASK FOR THE RECOGNITION. UM, YOU KNOW, I'VE GONE TO, UH, YOUR, UM, YOUR EVENT, THE THANKSGIVING DINNERS, AND YOU KNOW, YOU'RE ALL, YOU'RE SO MODEST AND YOUR MODESTY IS REALLY AN INSPIRATION. AND YOU KNOW, I THINK THAT, UH, EVERYBODY ELSE WHO GIVES GIVES BACK SHOULD FOLLOW YOUR EXAMPLE. THANK YOU. THANK YOU, THANK YOU. OH, AND I JUST WANNA MENTION CLIFF ABRAMS. UH, ALSO OVER THE PAST NUMBER OF MONTHS, UH, HAS BEEN SAYING WE HAVE TO HONOR GOLDEN CRUSTY. YOU KNOW, HE'S BEEN HIGHLIGHTING, UH, THE, WHAT A, A FANTASTIC, UH, BUSINESS, UH, YOU RUN. GOODNIGHT. THANK YOU SO MUCH. GOODNIGHT. YOU WANNA JUST REINTRODUCE, RIGHT? SO, UH, WE'RE JUST GONNA, UH, UH, REINTRODUCE SIWA PROGRAM AND DR. KAR VAA IS HERE TO TELL US A LITTLE BIT ABOUT YOUR, YOUR FANTASTIC INITIATIVE. THANK YOU. JUST WAITING FOR THE SCREEN TO SHOW UP. IT'S SHOWING UP ON MY SIDE. IS THAT SAYING LOADING? LOADING? LET, LEMME GO CHECK THE TURNS. YOU ACTUALLY HAVE SOMETHING DISPLAYED ON YOUR SCREEN. YES, I DO. I DO. SO IT'S JUST A MATTER OF SETTING IT TO DISPLAY. THERE WE GO. THERE IT IS. OH MY GOD. UH, YES. IS THERE AUDIO WITH THE VIDEO? UH, NO. UH, I CAN SPEAK THROUGH IT. UH, OKAY. YOU WERE, IT SAYS YOU'RE SHARING YOUR DISPLAY TO A DESKTOP COMPUTER. NO, I'M NOT. UH, ARE YOU CONNECTED TO LIKE ANOTHER IT'S MONITOR? NO, IT'S OKAY. IT'S OKAY. UH, LET ME DO IT WITHOUT, UH, UH, THE PRESENTATION, IF THAT'S OKAY. OKAY. OKAY. ALRIGHT. UM, HOW BIG IS THE PRESENTATION AND SIZE? A FEW CHATS. SIX CHATS. SIX SLIDES. DO YOU WANT TO EMAIL IT TO ME AND THEN I CAN DISPLAY IT? OR IF YOU WANNA JUST TALK THROUGH, IT'S FINE, I'LL JUST TALK THROUGH IT. I'LL JUST TALK THROUGH IT. JUST GIMME A MOMENT. SORRY FOR THE DELAY. ALRIGHT. UM, UH, NAMASTE. UH, THANK YOU EVERYBODY, UH, THE GREENBERG TOWN HALL FOR GIVING ME AN OPPORTUNITY TO SPEAK HERE. I'M SPEAKING ON BEHALF OF THE HINDUS YANG, UH, WHICH IS AN ORGANIZATION, UH, IN THE US. SO, VERY BRIEFLY, HSS HINDUS YANG IS A 5 0 1 C3 NONPROFIT, VOLUNTARY ORGANIZATION. UH, THE KEY VISION IS UNIVERSAL PEACE, ONENESS, AND PROMOTION OF DERMA OR RIGHTEOUSNESS, RIGHT? SO THEY OFFER STRUCTURED PROGRAMS, VALUE BASED EDUCATION PROGRAMS FOR A WIDE RANGE OF HINDU AMERICANS, ALL THE WAY FROM TODDLERS TO, UH, THE, UM, YOU KNOW, ANY, ANY AGE, ESSENTIALLY. SO, HSS IS THE NATION'S LARGEST HINDU AMERICAN ORGANIZATION. IT IS SPREAD INTO ABOUT 232 CHAPTERS NATIONWIDE. UH, IT COVERS ABOUT 171 CITIES, 31 STATES, AND THERE ARE, UH, SIX, UH, BRANCHES IN, IN NEW YORK STATE. UH, AVERAGE WEEKLY, YOU KNOW, WE GET ANYWHERE UP TO 1 25 TO 150 DIFFERENT ATTENDEES, ABOUT 50 DIFFERENT FAMILIES ATTENDING ON A, ON A REGULAR BASIS IN NEW YORK STATE. SO, UH, WE PERFORM A, A, A WIDE RANGE OF COMMUNITY ACTIVITIES. I'M GOING TO TALK ABOUT A FEW OF THEM. AND IN PARTICULAR, TALK ABOUT THE ALI, WHICH WAS THE MOST RECENT ACTIVITY THAT WE DID IN Q4 OF LAST YEAR. SOME EXAMPLE ACTIVITIES INCLUDE, UH, SERVING SOCIETY, ESPECIALLY DURING NATURAL CALAMITIES, WHICH RANGED FROM KATRINA, HARVEY SANDY TO THE MOST RECENT COVID-19. NOW, I'LL TALK ABOUT THE THREE EVENTS VERY BRIEFLY AND THEN DIVE INTO ALI. THE FIRST EVENT I WANT TO TALK ABOUT IS, UH, THE SYRIA NAMASKAR MARATHON, WHICH IS, UH, YOGA FOR HEALTH, HEALTH FOR, UH, [00:25:01] HUMANITY. SO THIS IS AN INITIATIVE THAT WAS STARTED IN 2006. UH, IT'S A 16 DAY EVENT AIMED TO CREATE AWARENESS ABOUT YOGA, MENTAL HEALTH, PHYSICAL HEALTH, UM, MIND AND BODY TOGETHERNESS. SO IN 2025, LAST YEAR, WE REACHED AT 150 SCHOOLS. AND THIS YEAR, YOU KNOW, WE OF COURSE WILL PLAN TO REACH OUT TOMORROW. ANOTHER PROMINENT PROGRAM THAT WE CONDUCT IS THE GURU ANDANA PROGRAM. IT'S A TEACHER'S APPRECIATION PROGRAM THAT'S TYPICALLY CONDUCTED IN THE FIRST WEEK OF MAY, SOMETIMES IN JUNE. IT'S CONNECTED, ESPECIALLY DURING TEACHER'S APPRECIATION WEEK. AND IT'S OUR WAY OF ACKNOWLEDGING AND APPRECIATING THE LIFE, THE, THE ROLE OF GURUS IN OUR LIVES, ROLE OF TEACHERS IN OUR LIFE. IT IS HELD VERY HIGHLY IN OUR CULTURE, TRADITIONALLY. SO IT IS SOMETHING THAT WE ARE SO GLAD THAT WE ARE ABLE TO RECIPROCATE, EXPRESS OUR GRATITUDE TO THE TEACHERS. IT CAN BE TEACHERS IN PRIMARY SCHOOL, TEACHERS IN COLLEGES, OR TEACHERS FROM MY MARTIAL ARTS PROGRAM, RIGHT? SO IT'S ALL OVER, UH, THE PLACE. THE THIRD PROGRAM I WANT TO VERY BRIEFLY TALK ABOUT IS THE UNIVERSAL ONENESS DAY OR THE AKAN. SO THIS IS A PROGRAM WHERE, UH, UH, WE SHOW OUR GRATITUDE TO THE CIVIC, UH, SERVICE PEOPLE, WHETHER IT'S POLICEMEN, ER, DOCTORS, UH, FIREMEN. UM, SO THIS IS A, A WAY OF SHOWING OUR BOND LOVE AND PROTECTION TO THOSE THAT PROTECT US, RIGHT? I MEAN, UH, THEY ARE THE ONES THAT ARE, UH, HELPING US SLEEP WELL AT NIGHT, UH, WALK IN THE STREETS AT ANY TIME OF THE DAY. SO UNIVERSAL ONENESS DAY IS ALL ABOUT SHOWING OUR GRATITUDE, UH, TO THE CIVIC LEADERS, PUBLIC SAFETY OFFICERS, AND SO ON. FINALLY, UH, THE NEXT MAJOR EVENT TO ALI. I'M GONNA SPEND, UH, MAYBE TWO MINUTES, UH, TALKING ABOUT THIS. SO, SE DIWALI IS A NATIONWIDE PROGRAM, UH, YOU KNOW, LED BY VARIOUS HINDU DHARMIC ORGANIZATIONS. DIWALI, AS YOU KNOW, IS A FESTIVAL OF LIGHTS. IT SYMBOLIZES REMOVAL OF DARKNESS. IT SYMBOLIZES VICTORY OF, UH, GOOD OVER EVIL. UH, AND IT'S A WHOLE LOT OF FUN WITH, UH, FOOD, SWEETS, UH, AND CULTURAL ACTIVITIES. SO, ALONG WITH ALL THE FUN, UH, YOU KNOW, UH, SOMETHING THAT WE DO IS TO ORGANIZE A FOOD DRIVE. UH, SO WE, UH, NATIONWIDE COLLECTED WELL OVER 600,000 POUNDS OF FOOD THIS YEAR, THIS YEAR, MEANING 2025. UH, AND IN NEW YORK STATE, WE COLLECTED ABOUT WELL OVER 18,000 POUNDS OF FOOD IN COLLABORATION WITH 21 PARTNER ORGANIZATIONS. AND THIS FOOD WAS DISTRIBUTED TO 10 DIFFERENT BENEFICIARIES IN NEW YORK STATE. SO I DON'T HAVE THE TIME TO LIST ALL THE ORGANIZATIONS THAT PARTICIPATED IN SE DI VALLEY, BUT IT WAS A CONGLOMERATION OF OUR 20 PLUS ORGANIZATIONS IN NEW YORK STATE THAT CAME TOGETHER, PLUS MANY MORE, UH, IN THE COUNTRY. AND, UH, WE ORGANIZED A FOOD COLLECTION, DRIVES AT, UH, UH, STOP AND SHOP INDIAN GROCERY STORES AND MANY PLACES. AND, UH, THE COLLECTION IN THIS, UH, EFFORT, WE HAD PARTNERS, LIKE I SAID, STOP AND SHOP, UH, INDIAN GROCERY STORES, THE TEMPLE, THE DURKA TEMPLE, THE LEY HIGH SCHOOL, THE LEY PUBLIC LIBRARY, DOBS BURY PUBLIC LIBRARY, SCARSDALE PUBLIC LIBRARY CANNOT THANK MANY OF THESE LIBRARIES AND SCHOOLS ENOUGH BECAUSE THEY LET US, UH, CONDUCT THESE FOOD DRIVES, UH, COLLECT ALL THIS FOOD THAT, YOU KNOW, WE COULD DONATE. AND ULTIMATELY, THIS FOOD WAS DONATED TO A WIDE RANGE OF ORGANIZATIONS RANGING FROM FEEDING WESTCHESTER AND ELMSFORD PEOPLE TO PEOPLE IN NUE, DOBS FERRY, FOOD PANTRY, FREE FIRST PRESBYTERIAN CHURCH, UH, IN YORKTOWN ST. MARY'S CHURCH IN MAHOPAC, UH, ING FOOD PANTRY, UH, WEST HARRISON FOOD PANTRY AND SO ON. SO, UH, WE REALLY APPRECIATE THE OPPORTUNITY GIVEN TO, UH, SHARE, UH, THIS KIND OF NEWS, UH, WITH, UH, YOU KNOW, THE TOWN HALL AND REALLY APPRECIATE THE SUPPORT, UH, THAT YOU ALL HAVE GIVEN US YEAR ON YEAR FOR THE LAST, UH, MANY, MANY YEARS. THANK YOU. AND THANK YOU FOR EVERYTHING YOU'VE DONE, AND YOU'RE PART OF OUR COMMUNITY. THANK YOU. THANK YOU. GREAT. UM, [ TOWN CLERK COMMENTS AND PUBLIC ANNOUNCEMENTS ] NOW, UM, UH, THE TOWN CLERK, YOU HAVE, UM, SOME COMMENTS. UM, ARE WE FORGOING THE, UH, REPORTS? YES. OKAY, TERRANCE, THANK YOU. UM, UM, FIRST WE HAVE, UM, UH, WE HAVE THE NARAL BALL OF KEN JENKINS, UH, FOR, UM, THE WESTCHESTER COUNTY EXECUTIVE. UM, HE IS, UH, HAVING HIS BALL ON SATURDAY, JANUARY 31ST FROM 7:00 PM TO 11:00 PM AND, UH, YOU CAN FIND THE INFORMATION, UM, ON THE WESTCHESTER UH GOV.COM, UM, WEBSITE. UM, NEXT ON SUNDAY, FEBRUARY 1ST, UH, THE GREENBERG, UH, DEMOCRATIC TOWN COMMITTEE INVITE YOU TO JOIN MAJORITY LEADER, UH, ANDREA STEWART COUSINS AND KEN JENKINS, AS WE HAVE, UH, [00:30:01] OUR 2026 ANNUAL FUNDRAISER WHERE WE ARE HONORING, UH, DEMOCRATIC VICE CHAIR LEAL DAVIS, AND FOR ALL OF THE WORK THAT HE'S, HE'S DONE WITH, UH, FEEDING WESTCHESTER. AND OF COURSE, UH, A PORTION OF THE PROCEEDS WE'LL BE GOING TO THE, THE VANESSA MERTON FELLOWSHIP OF IMMIGRATION JUSTICE, UM, AT PACE UNIVERSITY, AND ALSO IN THE NAME OF, UM, UH, MILLIE CORTEZ. SHE, THAT WILL BE ON SUNDAY FROM FEBRUARY 1ST FROM 3:00 PM TO 5:00 PM AND THAT'S GONNA BE AT SORENTO ITALIAN RESTAURANT. AND THE CHAIR OF THIS, UH, EVENT IS, OF COURSE, UH, OUR OWN DYLAN PINE, AND OF COURSE, COUNCILWOMAN GINA JACKSON. WE HAVE, UM, ON, ON, UM, I'M SORRY, WHEN YOU'RE READY. THE, THE, UM, ANDREA STEWART COUSINS, UM, IS, UH, I'M SORRY, UH, NEW YORK STATE SENATOR MAJORITY LEADER, ANDREA STEWART COUSINS. SHE'LL BE HAVING AN IN-PERSON BUDGET FORUM ON WEDNESDAY, FEBRUARY 18TH, LOCATED HERE AT GREENBURG TOWN HALL FROM 4:00 PM TO 6:00 PM AND, UM, THAT IS GOING TO BE THE, UH, THE WESTCHESTER STATE SENATE DELEGATION. AFTER THAT, WE HAVE, OF COURSE, OUR VERY OWN, UH, VINNY BAGWELL, UM, WHO IS NOT ONLY A GREENBERG RESIDENT. UM, SHE'S ALSO A MORGAN STATE, UH, ALUMNI, UH, THE GREENBERG BLACK HISTORY MUSEUM INITIATIVE, ALONG WITH GREENBERG PUBLIC LIBRARY, THE KINDLE COMMUNITY, THE NEW YORK COMMUNITY TRUST. THIS IS A, AND ALSO IN, IN PARTNERSHIP WITH WESTCHESTER HUMAN RIGHTS COMMITTEE. AND OF COURSE, WE ALSO HAVE, UH, THE STEERING COMMITTEE OF THE FAIRVIEW EMPOWERMENT GROUP. AND OF COURSE, IN CONJUNCTION WITH, UM, HONORABLE MARY JANESKY ASSEMBLY MEMBER WHO HAVE, WE ARE GOING TO HAVE AN ARTIST TALK WITH THE VINNIE BAGWELL. UM, UM, IT'S ENTITLED ART AND POWER. THAT'S GONNA BE ON WEDNESDAY, FEBRUARY 4TH AT 7:00 PM AT THE GREENBURG PUBLIC LIBRARY. AGAIN, ALL OF THIS INFORMATION CAN BE FOUND ON OUR WEBSITE. ALSO, THE, UH, THE GREENBERG, UH, GREENBERG HISTORY, GREENBERG BLACK HISTORY MUSEUM INITIATIVE, UM, IS GOING TO HAVE THEIR BLACK HISTORY MONTH RECEPTION. UM, AND IF YOU CAN JOIN, UH, THE, THE COM, THE COMMITTEE AT GREEN, UH, THE GREENBERG THEODORE D YOUNG COMMUNITY CENTER, THAT'S GONNA BE HELD ON THURSDAY, FEBRUARY 20TH FROM 7:00 PM. UM, AND THAT'S 32 MANHATTAN AVENUE. AND OF COURSE, UH, IT IS A FREE EVENT AND, UH, YOU JUST NEED TO RSVP. AND THIS IS IN CONJUNCTION WITH OUR COMMUNITY PARTNERS. IT IS NEW YORK COMMUNITY TRUST, GREENBURG PUBLIC LIBRARY, THE HARTSDALE GREENBERG, UH, HART GREENBERG HARTSDALE GREENBURG, RIVERTOWN ROTARY CLUB, SCARSDALE ROTARY CLUB, WESTCHESTER ROTARY CLUB, AND WHITE PLAINS ROTARY CLUB, AND OF COURSE, WITH T-D-Y-C-C AND THE, UH, THE STEERING COMMITTEE OF FAIRVIEW EMPOWERMENT GROUP. AND OF COURSE, IN CONJUNCTION WITH MARY JANESKY, UH, ASSEMBLY MEMBER, UM, AND THE BLACK HISTORY, THE GREENBURG BLACK HISTORY MUSEUM INITIATIVE IS REALLY GONNA BE ACTIVE BECAUSE THEY'RE ALSO HAVING A HISTORY UNVEILED, UH, EVENT. AND THAT'S GONNA BE FEBRUARY 27TH, UH, 2026 AT 7:00 PM AT THE GREENBURG PUBLIC LIBRARY. AND OF COURSE, IT'S IN CONJUNCTION WITH THE TOWN OF GREENBURG, THE NEW YORK COMMUNITY TRUST, GREENBURG PUBLIC LIBRARY, HARTSDALE, GREENBURG, RIVERTOWN, SCARSDALE, WESTCHESTER, AND WHITE PLAINS ROTARY CLUBS, THE STEERING COMMITTEE OF THE FAIRVIEW EMPOWERMENT GROUP, AND OF COURSE, MARY JANESKY, UM, ASSEMBLYWOMAN. AND, AND WE ARE ALSO GOING TO HAVE OUR BLACK HISTORY, UH, PROGRAM ON THE, UH, THE LAST WEDNESDAY OF THE MONTH. AND THAT WILL, OF COURSE FEATURE THE GREENBERG MUSEUM INITIATIVE. AND LAST BUT NOT LEAST, UM, IF YOU GO TO OUR WEBSITE, YOU WILL BE ABLE TO DOWNLOAD, UM, THE FORENSIC AUDIT, UH, THAT WAS, UH, BY OUR, UH, VENDOR OF EFPR GROUP CPAS, AND THAT ALSO CAN BE FOUND ON OUR WEBSITE. [00:35:01] THANK YOU SO MUCH FOR YOUR TIME. UH, ARE THERE ANY ANNOUNCEMENTS? , AREN'T YOU FORGETTING SOMETHING? I WAS, I WAS THINKING OF SAYING . OKAY, NEXT. THANK YOU. SO [ To consider a site plan application by Thalle Industries Inc. (“Thalle”) as it relates to an existing rock crushing and aggregate reclamation facility located at 50 Warehouse Lane South (P.O. Elmsford, NY 10523) [TB 25-06]] NEXT, UH, WE'RE GONNA HAVE THE PUBLIC HEARINGS. UH, THE FIRST, UH, HEARING, I'D LIKE TO MOVE THAT WE OPEN THE HEARING TO CONSIDER A SITE PLAN APPLICATION BY FAIL INDUSTRIES AS IT RELATES TO AN EXISTING ROCK CRUSHING AND AGGREGATE OUR RECLAMATION FACILITY LOCATED AT 50 WAREHOUSE LANE, SOUTH ELMER. I'D LIKE TO MOVE THAT WE OPEN UP THE HEARING. SECOND. ALL IN FAVOR? AYE. AYE. LET'S JUST ALLOW BARBARA AN OPPORTUNITY TO SET UP, PLEASE. COUNCILWOMAN JACKSON, I HEARD YOU SECOND IT, CORRECT? YES. THANK YOU. UH, DAVID KICK THINGS OFF. OKAY. I'M SORRY. YOU PRESENTING FROM THERE? UH, I'M NOT SURE. OKAY. YEAH, WHEN SHE'S READY. I'M GONNA START THOUGH. OKAY. HAPPY MOOD . SET. GOOD. ALL RIGHT. GOOD EVENING, SUPERVISOR. FINER MEMBERS OF THE TOWN COUNCIL FOR THE RECORD. GARY DUQUE, COMMISSIONER OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION. THIS HEARING IS A CONTINUATION FROM THE PUBLIC HEARING HELD ON OCTOBER. OKAY. CAN YOU HOLD ON ONE SECOND? COMMISSIONER, I, RICH FA I THINK WE HAVE TALK, UH, SPEAKING, WE HEAR FROM YOU AND WHATEVER'S ON THE SCREEN RIGHT NOW, IS THIS PART OF YOUR PRESENTATION, GARRETT? I THINK TERRENCE IS QUEUING UP FOR THE APPLICANT, BUT, UM, OKAY. SO TERRENCE, YOU CAN, UH, STOP SHARE AT THE MOMENT. DO YOU HAVE ANY, IF YOU DON'T MIND, DO YOU HAVE ANYTHING TO PUT ON THERE? NO. RIGHT, I WILL. AND I'LL, I'LL BE ALL SET. OKAY. TO ASSIST LIZ WHO WILL FOLLOW ME. OKAY. OKAY. ALRIGHT, GOOD TO GO. GOOD TO GO. SO THIS IS A CONTINUATION OF THE PUBLIC HEARING HELD ON OCTOBER 22ND, 2025, AND IS RELATED TO A SITE PLAN APPLICATION OF FAIL INDUSTRIES, INC. THE SITE OPERATOR RELATED TO A PROJECT INVOLVING MODIFICATIONS TO AN EXISTING ROCK AGGREGATE AND RECLAMATION FACILITY LOCATED IN THE GI GENERAL INDUSTRIAL DISTRICT AT 50 WAREHOUSE LANE IN THE ELMSFORD PORTION OF THE TOWN. IT'S A 14.3 ACRE SITE SINCE THE OCTOBER 22ND, HEARING SUBMISSIONS HAVE BEEN RECEIVED FROM THE APPLICANT AND TOWN STAFF AS FOLLOWS, DALE SUBMITTED ON 1118 2025, AS WELL AS 12 5 20 25. THE BUILDING DEPARTMENT SUBMITTED REVIEW MEMOS ON 10 24, 20 25, 12, 4 20 25, JANUARY 5TH, 2026, AND JANUARY 28TH, 2026. TODAY, THE TOWN ENGINEER SUBMITTED REVIEW MEMOS ON, UH, JANUARY 15TH AND JANUARY 28TH OF THIS YEAR. THE DPW COMMISSIONER SUBMITTED A MEMO ON JANUARY 26TH OF THIS YEAR, 2020 JANUARY 26TH, 2026, AND LEGAL DID A MEMO ON JANUARY 28TH, 2026. THE ELMSFORD FIRE DISTRICT SUBMITTED A MEMO ON 11 20 20 25. ALL OF THOSE MEMOS WERE SUBMITTED TO THE APPLICANT AS WELL AS THE TOWN BOARD. PROCEDURALLY, THEY RECEIVED UPDATED SPECIAL USE PERMIT APPROVAL FROM THE ZONING BOARD OF APPEALS ON MARCH 13TH, 2025, RELATED TO ITS CURRENT USE. THE REMAINING APPROVALS THAT ARE APPLICABLE ARE SITE PLAN APPROVAL FROM THE TOWN BOARD AREA, VARIANCES FROM THE ZONING BOARD, AND A PLANNING BOARD STEEP SLOPE PERMIT. THE COMMENT LETTERS THAT I NOTED PRIOR FROM STAFF IN THE ELMSFORD FIRE DISTRICT COLLECTIVELY SEEK TO ENSURE COMPLIANCE WITH LOCAL AND STATE CODES ENHANCED SAFETY, ENSURE ACCURACY ON APPLICATIONS AND SUBMISSIONS, PROVIDE APPROPRIATE AND BASIC ENVIRONMENTAL PROTECTIONS AND REFUTE STATEMENTS MADE BY THE APPLICANT THAT WERE ENTIRELY FALSE. AS I MENTIONED AT THE OCTOBER MEETING, THE PROCESS TO DATE HAS LED TO MANY PROPOSED IMPROVEMENTS FROM THE APPLICANT, SOME OF WHICH ARE SECONDARY ENTRANCE TO THE SITE FOR EMERGENCY VEHICLES, FENCING AROUND THE PERIMETER OF THE OPERATIONS [00:40:01] AND INTERNAL CIRCULATION IMPROVEMENTS AMONG MANY MORE. WHAT I'D LIKE TO DO NOW IS YIELD TO DEPUTY INSPECTOR LIZ ELIZABETH GARRITY, AND SHE'S GONNA COMMENT AND BRING YOU UP TO SPEED ON SOME OF THE BUILDING DEPARTMENT REVIEWS. DEPUTY BUILDING INSPECTOR. DEPUTY BUILDING INSPECTOR, I APOLOGIZE. GOOD EVENING. MEMBERS OF THE BOARD. LIZ, YOU NEED TO MAKE, IS THE MIC ON? YES, IT'S GREEN. IS IT BETTER FOR THE RECORD? MY NAME IS LIZ GARRITY. I'M THE DEPUTY BUILDING INSPECTOR FOR THE 10 OF GREENBERG TURN. YOU DON'T HAVE TO TURN THE MIC, BUT THE, AT LEAST THE MIC, THE, UH, TOP RIGHT, THAT'S IT. THAT'S, IS THAT BETTER? THAT'S BETTER. THAT'S GOOD. OKAY. I'M SPEAKING TONIGHT ON BEHALF OF THE BUILDING DEPARTMENT. FOR THE RECORD, THE BUILDING DEPARTMENT'S JANUARY 28TH, 2026, MEMO AND SUPPORTING MATERIALS HAVE BEEN SUBMITTED AND ENTERED INTO THE RECORD. I AM SUMMARIZING IT HERE AND DO NOT INTEND TO GO BEYOND THE CONTENTS OF THAT WRITTEN SUBMISSION TONIGHT. MY COMMENTS TONIGHT ARE LIMITED TO TOWN CODE NEW YORK CODE REQUIREMENTS AND SAFETY MATTERS WITHIN THE BUILDING DEPARTMENT'S JURISDICTION, BECAUSE SEVERAL MEMBERS OF THE BOARD MAY NOT HAVE BEEN INVOLVED WITH THIS PROPERTY IN EARLIER YEARS. I WANNA WALK YOU THROUGH STEP BY STEP WHY THIS APPLICATION IS BEFORE YOU, WHAT THE BUILDING DEPARTMENT HAS REVIEWED AND HOW WE ARE REQUIRED TO EVALUATE THE SITE UNDER THE CODE. TYPICALLY, PROPERTY OWNERS OBTAIN TOWN BOARD SITE PLAN APPROVAL AND BUILDING DEPARTMENT PERMITS BEFORE UNDERTAKING SITE IMPROVEMENTS. IN THIS CASE, THOSE APPROVALS WERE NOT OBTAINED PRIOR TO CONSTRUCTION AND SITE WORK. NOW PRESENT, THIS APPLICATION HAS BEEN DESCRIBED AS A CONFIRMATORY SITE PLAN. THAT CHARACTERIZATION IS INACCURATE. THERE IS NO TOWN BOARD SITE PLAN APPROVAL ON FILE FOR THIS SITE. ACCORDINGLY, THE BUILDING DEPARTMENT CANNOT TREAT THE EXISTING SITE CONDITIONS AS REVIEWED, APPROVED, OR LAWFUL FOR PURPOSES OF CODE COMPLIANCE. SITE PLAN REVIEW IS REQUIRED BECAUSE THE SCOPE AND INTENSITY OF DEVELOPMENT CURRENTLY PRESENT ON THE SITE TRIGGER TOWN BOARD, SITE PLAN REVIEW, AND TOWN ISSUED PERMITS UNDER THE TOWN CODE AND NEW YORK STATE CODES. THE ORIGINAL ZONING BOARD OF APPEALS SPECIAL USE PERMIT ZERO ONE DASH 35 ISSUED IN 2002, APPLIED TO VACANT PROPERTY AND APPROVED A LIMITED USE FOR PROCESSING OF ROCKING CONCRETE. THAT APPROVAL DID NOT AUTHORIZE RAISING SITE GRADE, INSTALLING BUILDINGS OR ACCESSORY STRUCTURES, INSTALLING FUEL TANKS OR FUELING SYSTEMS, INSTALLING ELECTRICAL OR PLUMBING INFRASTRUCTURE, OR CONSTRUCTING ACCESS ROADS OR MODIFYING CIRCULATION. THOSE ITEMS WERE NEVER REVIEWED BY THE TOWN AND WERE NEVER PERMITTED BY THE BUILDING DEPARTMENT. SINCE THAT APPROVAL FROM THE ZONING BOARD, THE SITE HAS BEEN SUBSTANTIALLY ALTERED BASED ON TOWN INSPECTIONS, RECORDS AND SUBMITTED PLANS. THE SITE NOW INCLUDES SIGNIFICANT PLACEMENT OF MATERIALS, RAISING THE ELEVATION OF THE SITE TO WHAT IS NOW REFERRED TO AS THE WORKING PLATFORM, MULTIPLE STRUCTURES AND ACCESSORY FACILITIES, APPROXIMATELY 14,000 GALLONS OF FUEL STORED AND DISPENSED ON SITE, HAZARDOUS MATERIALS STORED IN SHIPPING CONTAINERS, EXPANSION AND MODIFICATION OF THE SITE ENTRANCE, INSTALLATION OF HIGH VOLTAGE ELECTRICAL SERVICE, BOTH OVERHEAD AND UNDERGROUND INSTALLATION OF PLUMBING INFRASTRUCTURE AND PERIMETER BARRIERS ALONG WAREHOUSE LANE THAT FUNCTION AS RETAINING STRUCTURES. THESE IMPROVEMENTS WERE UNDERTAKEN WITHOUT TOWN BOARD APPROVAL, WITHOUT INSPECTION, AND WITHOUT BUILDING DEPARTMENT PERMITS. UNDER TOWN CODE AND NEW YORK STATE LAW CONSTRUCTION OR SITE WORK PERFORMED WITHOUT THE REQUIRED APPROVALS DOES NOT ACQUIRE VESTED RIGHTS. UNDER TOWN CODE. IN NEW YORK STATE OPERATIONAL LOAN DOES NOT CONSTITUTE LEGAL APPROVAL. ACCORDINGLY, THESE CONDITIONS CANNOT BE TREATED AS LAWFUL EXISTING CONDITIONS, AND THE BUILDING DEPARTMENT IS REQUIRED TO EVALUATE THE SITE AS VACANT LAND WITH NEW CONSTRUCTION PROPOSED FOR PURPOSES OF TOWN AND STATE CODE COMPLIANCE. THIS REVIEW RE APPROACH IS REQUIRED BY CODE AND IS NOT DISCRETIONARY. IN MARCH, 2025, THE ZONING BOARD OF APPEALS ISSUED SPECIAL USE PERMIT 2321 WITH CONDITIONS. THOSE CONDITIONS ARE EXPLICIT. THEY MUST BE REFLECTED IN THE SITE PLAN AND SATISFIED THROUGH TOWN BOARD, SITE PLAN APPROVALS AND TOWN ISSUED PERMITS UNLESS MODIFIED BY THE ZONING BOARD OF APPEALS OR A COURT, THOSE CONDITIONS REMAIN IN EFFECT AND ARE PART OF THE TOWN'S OFFICIAL RECORD. THE BUILDING DEPARTMENT DOES NOT HAVE THE AUTHORITY TO WAIVE OR ALTER THEM AND MUST ENSURE THAT THE SITE PLAN REFLECTS THEM FOR COMPLETENESS AND COORDINATION. THE APPLICANT HAS REFERENCED APPROVALS OR OVERSIGHT BY OTHER AGENCIES. HOWEVER, THOSE APPROVALS DO NOT REPLACE TOWN BOARD SITE PLAN APPROVAL, DO NOT AUTHORIZE CONSTRUCTION WITHOUT TOWN PERMITS AND DO NOT OVERRIDE TOWN CODE OR NEW YORK STATE CODE. [00:45:01] THE TOWN RETAINS AUTHORITY OVER ITS LAND USE SITE SAFETY, FIRE ACCESS, AND STRUCTURES, AND THE BUILDING DEPARTMENT IS OBLIGATED TO ENFORCE THOSE REQUIREMENTS INDEPENDENTLY. SINCE JUNE, 2025, THE BUILDING DEPARTMENT HAS ISSUED SIX REVIEW MEMOS AND IS COORDINATED WITH THE ELMSFORD FIRE DISTRICT REGARDING FIRE ACCESS AND EMERGENCY RESPONSE. THE FIRE ACCESS REQUIREMENTS IDENTIFIED IN THOSE REVIEWS HAS REMAINED CONSISTENT THROUGHOUT THE PROCESS. THE FIRE CODE OF NEW YORK STATE REQUIRES A FIRE APPARATUS ACCESS ROAD THAT IS CAPABLE OF SUPPORTING EMERGENCY VEHICLES, PROVIDES A STABLE UNIFORM, ALL WEATHER SURFACE AND MEETS WITH GRADE CLEARANCE AND TURNING REQUIREMENTS. COMPACTED FILL CONSISTING OF DIRT, GRAVEL, OR SITE MATERIALS HAS NOT BEEN ACCEPTED BY THE AUTHORITY HAVING JURISDICTION, THE BUILDING INSPECTOR OR THE ELMSFORD FIRE DISTRICT AS COMPLIANT. FIRE ACCESS SERVICE FOR THE SITE AS FAULT OR CONCRETE IS REQUIRED BECAUSE IT PROVIDES A PREDICTABLE, DURABLE SURFACE CAPABLE OF SUPPORTING HEAVY EMERGENCY VEHICLES UNDER ALL CONDITIONS. BARRIERS SHOWING SITE ALONG THE SITE PERIMETER, INCLUDING WAREHOUSE LANE SOUTH, ARE CURRENTLY FUNCTIONING AS RETAINING WALLS WHERE MIRROR MATERIAL IS BEING RETAINED. PERMANENT RETAINING SYSTEMS ARE REQUIRED. ENGINEERING CERTIFICATION BY NEW YORK STATE LICENSED PROFESSIONAL ENGINEER IS REQUIRED AND TAU PERMITS ARE REQUIRED WHERE CODE THRESHOLDS ARE MET. THESE REQUIREMENTS ARE CONSISTENT WITH TOWN CODE, STATE CODE AND PRIOR ZBA APPROVALS. THE BUILDING DEPARTMENT'S ROLE IS TO APPLY ADOPTED CODES CONSISTENTLY AND TO IDENTIFY THE MEASURES REQUIRED TO BRING A SITE INTO COMPLIANCE. MY COMMENTS TONIGHT ARE INTENDED TO EXPLAIN WHY SITE PLAN APPROVAL IS REQUIRED, HOW THE SITE MUST BE EVALUATED UNDER THE CODE, AND THE SAFETY RELATED ITEMS THAT MUST BE ADDRESSED THROUGH SITE PLAN AND THE PER PERMITTING PROCESS TO ASSIST THE BOARD. I HAVE PRO I HAVE A VERY BRIEF VISUAL SUMMARY DRAWN FROM TOWN RECORDS THAT ILLUSTRATES THE SITE CONDITIONS REFERENCED BY MY COMMENTS. GARY, YOU WOULD PULL THOSE UP. OKAY. YOU JUST LET ME KNOW WHEN YOU WANT ME TO ADVANCE TO GO TO SLIDE ONE. OKAY, GOING BACKWARDS. OKAY. OKAY. SO TH THIS SLIDE SUMMARIZES THE, THE LIMITED SCO OF, AS I EXPLAINED OF THE BUILDING DEPARTMENT'S REVIEW, WHICH IS CONFINED TO TOWN CODE NEW YORK STATE UNIFORM CODE AND SITE SAFETY WITHIN OUR JURISDICTION. NEXT SLIDE. THESE IMAGES SHOW THE SITE IN ITS EARLIER CONDITION WHEN THE SPECIAL USE PERMIT APPLIED TO THE SITE WITHOUT STRUCTURES, UTILITY AND GRANTING SHOWN TODAY. NEXT, THIS IS A RECENT AERIAL IMAGE. IT IS PREVENT PRESENTED TO ILLUSTRATE THE SITE CHANGES OVER TIME AS REFLECTED IN THE TOWN'S RECORDS. NEXT SLIDE. THIS SLIDE FURTHER DOCUMENTS THE SITE'S CONDITION PRIOR TO THE INSTALLATION OF STRUCTURES, UTILITIES, AND GRADING, SHOWN IN LATER IMAGES. THIS WAS THE, UM, SITE PLAN THAT THE ZONING BOARD USED WHEN THEY APPROVED THE SPECIAL USE PERMIT IN 2001. NEXT SLIDE. ARE YOU ANNOUNCING WHAT THE TITLE OF THE SLIDE IS SO THAT IT LINKS UP WITH THIS SONOGRAPHER? I I WILL SUBMIT THE POWERPOINT INTO THE RECORD. UM, BUT I CAN, I CAN DO THAT IF YOU'D LIKE. SLIDE SIX. YOU GOT THE NEXT ONE. GOOD. YEP. NEXT ONE. THERE WE GO. THESE ARE NON PERMITTED ACCESSORY STRUCTURES THROUGHOUT THE SITE. THESE IMAGES SHOW THE ACCESSORY STRUCTURES, FUEL TANKS, ELECTRICAL AND PLUMBING INSTALLATIONS, ALL OF WHICH REQUIRE TOWN PERMITS AND FIRE CODE COMPLIANCE. NEXT SLIDE IS SLIDE SEVEN. THIS SHOWS THE FIRE ACCESS ROAD. ON THE LEFT OF THE SLIDE IS THE APPLICANT'S PROPOSAL, UM, WHICH IS SHOWS A COMPLIANT FIRE ACCESS ROAD. THE ISSUE HERE IS THE SURFACE OF THE ACCESS ROAD, WHICH IS REQUIRED TO BE EITHER CONCRETE OR ASPHALT TO PROVIDE A DURABLE, SAFE, UM, SURFACE FOR THE FIRE DEPARTMENT TO ACCESS. ON THE RIGHT HAND SIDE WHERE THE ARROW IS POINTING IS AFTER A STORM, BUT IT DOES SHOW A MUDDY CONDITION, UM, WHERE FIRETRUCK WOULD NEED TO TRAVERSE. NEXT SLIDE. SLIDE EIGHT IS THE CURRENT CONDITION OF THE SITE. THESE PICTURES WERE ACTUALLY, UM, PROVIDED BY THE APPLICANT. THEY DO SHOW, UM, THE JERSEY BARRIERS THAT ARE RETAINING MATERIALS. UM, THE ZONING BOARDS CONDITION AND THE APPLICANT, UM, PLANS DON'T MATCH UP TO THIS. UM, THERE IS A SITE SAFETY INSPECTION BAR, UH, AREA THAT HAS TO BE BETWEEN WAREHOUSE LANE AND THE RETAINING WALLS AND MATERIALS. EXCELLENT. SO THIS IMAGE SHOWS IS THE BARRIERS AND RETAINING WALLS, WHICH I JUST [00:50:01] REFERENCED, THAT SAFE SAFETY INSPECTION AREA WHERE THAT GRAVEL IS CURRENTLY SITTING THAT HAS TO BE CLEARED, UM, TO ALLOW ACCESS THE FUEL TANKS AND STORAGE, WHICH IS SLIDE 10. THIS SLIDE ADDRESSES FUEL STORAGE AND SPILL CONTAINMENT UNDER NEW YORK STATE CODE AND ZBA CONDITION FUELING AREAS REQUIRE PAVEMENT, IMPERVIOUS CURVED CONTAINMENT TO THE SATISFACTION OF THE BUILDING INSPECTOR. CURRENTLY UNDER THE FUEL DISPENSING EQUIPMENT, THERE IS A SPILL PAD, BUT THERE IS A GRAVEL AREA THAT WOULD ALLOW ANY INADVERTENT SPILLS, UM, IF THE PAD IS TO BE REMOVED, TO ENTER THE EARTH UNDER THE MUDDY AREA. IN THE IN BETWEEN, THE APPLICANT HAS CLEANED THE SITE. THERE IS AN ASPHALT AREA, UM, CURRENTLY THERE AND THEY HAVE PLACED THE HAZARDOUS, UM, MATERIALS AND STU AND, UM, MATERIAL STORAGE THAT'S IN THE CONTAINMENT SYSTEM ON SPILL PADS. NEXT SLIDE. THIS IS, UH, THE SUMMARY FOR THE CURRENT STATUS OF THE BUILDING DEPARTMENT'S REVIEW AND THE THREE OUTSTANDING ITEMS IDENTIFIED IN OUR RECENT SUBMISSION. AN ALL WEATHER SURFACE FOR FIRE APPARATUS ACCESS, ROAD OF ASPHALT OR CONCRETE REMOVAL OF MATERIALS RETAINED BY JERSEY BARRIERS AND PERMANENT SPILL CONTAINMENT BENEATH FUELING AREAS. WHICH LIGHT IS THAT? THIS IS SLIDE 11. THE BUILDING DEPARTMENT HAS SUBMITTED ITS REVIEW MEMO DATED JANUARY 28TH, 2026, AND THOSE MATERIALS TO BE ENTERED INTO THE RECORD. WE WILL RELY ON THOSE SUBMISSIONS AND DO NOT INTEND TO INTRODUCE ANY NEW INFORMATION. THANK YOU. THANK YOU. IS RICH FA ON STILL? I THINK HE WANTED TO CLARIFY SOMETHING THAT WAS DISCUSSED AT THE LAST COMMISSIONER HEARING. YEAH, I'M ON JOE, ARE THEY HEARING ME? YEAH. YES, WE COULD HEAR YOU. SOMEBODY'S EMAILING ME. GOOD EVENING, RICH FINE. COMMISSIONER OF PUBLIC WORKS AND I BELIEVE, UH, DOMINIC ON 4 56. WAS DOMINIC THERE? YES, HE IS. EXCELLENT. HE'S HIDING. SO THERE WERE SOME ACCUSATIONS MADE ABOUT OUR THAT WORKED FOR THE TOWN OF GREENBERG ABOUT DUMPING MATERIAL ON AN ELMSFORD PROPERTY. MYSELF AND DEPUTY COMMISSIONER FRANK MORDO HAVE VERIFIED THROUGH VIDEO AND TALKING TO THE VILLAGE OF ELMSFORD THAT THIS WAS NOT THE TEAMSTERS OF GREENBERG, BUT YET THE VILLAGE OF ELMSFORD. SO THERE WERE ACCUSATIONS MADE DURING THE LAST MEETING THAT WE HAD DUMPED MATERIAL ILLEGALLY, WHICH IS COMPLETELY INACCURATE AND I KNOW OUR TEAMSTERS ARE LOOKING FOR AN APOLOGY. IT WAS NOT US. WE ARE ACCUSED OF THINGS THAT WE DID NOT DO, AND DOMINIC KNOWS BETTER THAN ANYBODY THAT WE HAVE ENOUGH PROBLEMS WITHOUT PEOPLE MAKING FALSE ACCUSATIONS. I THINK THE LETTER THAT WAS SUBMITTED SPEAKS FOR ITSELF, BUT YOU NEED ANY FURTHER CLARIFICATION, PLEASE LET ME KNOW. RESPECTFULLY, DID SOMEBODY READ HIS LETTER? WHO HAS IT? OKAY, SO THIS IS A LETTER ADDRESSED TO THE TOWN BOARD. I BELIEVE THE APPLICANT HAS A COPY OF IT FROM RICHARD FA DATED JANUARY 26TH, 2026. THIS MEMORANDUM IS SUBMITTED TO CORRECT THE FACTUAL RECORD REGARDING STATEMENTS MADE DURING THE APPLICANT'S OCTOBER 22ND, 2025 TESTIMONY, WHICH SUGGESTED THAT A TOWN OF GREENBURG VEHICLE OR TOWN EMPLOYEES WERE INVOLVED IN THE DUMPING OF ASPHALT ON VILLAGE OF ELMSFORD PROPERTY. FOLLOWING THE STATEMENTS MADE AT THE OCTOBER 22ND MEETING, TOWN BOARD HEARING, I PERSONALLY REVIEWED THE MATTER AND UNDERTOOK THE FOLLOWING ACTIONS CONFIRMED THAT THE VEHICLE REFERENCED BY THE APPLICANT WAS NOT A TOWN OF GREENBURG VEHICLE. CONFIRMED THAT THE VEHICLE WAS OWNED AND OPERATED BY THE VILLAGE OF ELMSFORD, NOT THE TOWN OF GREENBURG PERSONALLY VISITED THE REFERENCE LOCATION AND OBSERVED THAT THE SITE WAS SECURED, LOCKED AND INACCESSIBLE TO TOWN OF GREENBURG VEHICLES OR PERSONNEL. ADDITIONALLY, THE VILLAGE OF ELMSFORD DISCLOSED THAT IT RECEIVED A DEC CITATION RELATED TO THE ACTIVITY IN QUESTION. AFTER AN ANONYMOUS COMPLAINT WAS MADE BY AN INDIVIDUAL WHO OBSERVED THE VILLAGE VEHICLE ON THE PROPERTY, THE VILLAGE ADDRESSED THE MATTER DIRECTLY WITH THE DEC. AT NO TIME WAS THE TOWN OF GREENBURG, THE DEPARTMENT OF PUBLIC WORKS OR ANY TOWN EMPLOYEE INVOLVED IN THE ACTIVITY REFERENCED BY THE APPLICANT. FOR CLARITY OF THE RECORD, ALL TOWN OF GREENBURG, DEPARTMENT OF PUBLIC WORKS VEHICLES ARE CLEARLY MARKED WITH TOWN EMBLEMS, ARE ASSIGNED TO TOWN OPERATIONS [00:55:01] AND ARE OPERATED UNDER ESTABLISHED DEPARTMENTAL CONTROLS AND OVERSIGHT. THE APPLICANT'S STATEMENTS INCORRECTLY IMPLICATED TOWN STAFF AND DPW OPERATIONS IN CONDUCT THAT DID NOT OCCUR AND WAS NOT SUPPORTED BY VERIFIED FACTS. THOSE STATEMENTS WERE INACCURATE AND IMPROPERLY SUGGESTED MISCONDUCT BY TOWN EMPLOYEES. THE DEPARTMENT OF PUBLIC WORKS EXPECTS THAT THE APPLICANT FORMALLY CORRECT THE RECORD AND RETRACT STATEMENTS THAT EGREGIOUSLY AND WITHOUT FACTUAL BASIS MISATTRIBUTED THE DUMPING AND BURIAL OF ASPHALT TO TOWN PERSONNEL AND FURTHER MISUSED THAT FALSE ATTRIBUTION TO ADVANCE THE APPLICANT'S ARGUMENT REGARDING ASPHALT ACCEPTANCE AT THE SITE. MISCHARACTERIZATION MIS, I'M SORRY, MISCHARACTERIZING THE ACTIONS OF ANOTHER MUNICIPALITY AND FALSELY IMPLICATING TOWN OF GREENBERG EMPLOYEES IN CONDUCT, THEY DID NOT PERFORM AS SERIOUS, MISLEADING AND UNACCEPTABLE SUCH CONDUCT UNDERMINES THE INTEGRITY OF THE PUBLIC HEARING PROCESS, DIVERTS THE BOARD'S ATTENTION FROM THE MERITS OF THE APPLICATION AND UNFAIRLY BESMIRCHES THE PROFESSIONALISM AND LAWFUL CONDUCT OF TOWN EMPLOYEES WHO ARE NOT INVOLVED WHATSOEVER. THIS MEMORANDUM IS SUBMITTED TO ENSURE THAT THE TOWN BOARD'S RECORD IS ACCURATE AND COMPLETE AND THAT THE TOWN OF GREENBURG PERSONNEL ARE NOT IMPROPERLY ASSOCIATED WITH ACTIVITIES FOR WHICH THEY WERE NOT INVOLVED. THANK YOU. I I'D LIKE TO ADD TO THAT. UM, I ALSO HAD A CONVERSATION WITH THE APPLICANT AT THE LAST HEARING WHERE I WAS TOLD I COULD SHOW MORE YOU MORE VIDEOS WITH THE TRUCKS. I HAVE THE TRUCK NUMBERS ON THEM, I'VE GOT TRUCKS. IT'S GREENBERG TRUCKS. WE HAVEN'T BEEN PROVIDED ANYTHING SINCE THAT HEARING, ESSENTIALLY THREE MONTHS AGO. AND AS WE'VE STATED, THAT WAS NOT A GREENBERG TRUCK. GREENBERG TRUCKS HAVE ORANGE AND GREEN ON THE SIDE. THAT TRUCK IN THE VIDEO AT THE TIME CLEARLY DID NOT. IT WAS ALL WHITE. I QUESTIONED IT AT THE TIME, AS WAS JUST RIGHT INTO THE RECORD. UM, AND DISCUSSED BY COMMISSIONER FOND. WE'VE CONFIRMED IT WAS NOT A GREENBERG TRUCK, SO WE DIDN'T REALLY APPRECIATE, UM, BEING TOLD IT WAS US. I'D LIKE TO CLARIFY A FEW OTHER THINGS FROM THE LAST HEARING AS WELL. UM, STATE WITNESS WAS MADE, UH, OPEN QUOTE, THERE WASN'T REALLY A LEGITIMATE JUSTIFICATION IN JULY OF 2023 TO SHUT THIS PLACE DOWN. END QUOTE. UM, THAT IS FALSE. THERE WAS A JUSTIFICATION NOTICE OF VIOLATION WAS GIVEN TO THE APPLICANT OVER 30 DAYS IN ADVANCE OF THE STOP WORK ORDER BEING SUBMITTED. UM, I KNOW OUR BUILDING DEPARTMENT WELL, AND I KNOW THAT IF GOOD FAITH EFFORTS ARE TAKEN TO REMEDIATE ANY ISSUES THEY HAVE AT THE SITE, THAT IT WON'T BE NECESSARILY ON THE 30TH DAY. THE PLACE IS SHUT DOWN HERE. WE SAW NO GOOD FAITH EFFORTS WHATSOEVER. UH, LONG AMOUNT OF TIME HAD PASSED. IT'S THE DUTY AND RESPONSIBILITY OF THE BUILDING INSPECTOR AND THE DEPUTY BUILDING INSPECTOR TO ISSUE A STOP WORK ORDER AT THAT TIME. UM, DID THE CONVERSATION STARTED WITH THE APPLICANT? UH, IT, IT REOPENED TEMPORARILY BASED ON THE SUBMISSION THAT THEY HAD PUT INTO THE RECORD WHERE THEY PUT THE TOWN IN A POSITION THAT WE WOULD HAVE TO, UH, DECLARE BASICALLY A, AN EMERGENCY ORDER TO RESHUT FAIL DOWN THE BUILDING DEPARTMENT CHOSE NOT TO DO SO. WE WANTED TO WORK COLLABORATIVELY TO RECTIFY THESE ISSUES. THE TOWN NEVER HAD ANY INTENT OF HARMING EMPLOYEES OR, OR HURTING THE BUSINESS. THIS HAS NOTHING TO DO WITH THIS IS A, A GOOD BUSINESS OR A GREAT BUSINESS OR THE BEST BUSINESS. THIS IS ABOUT, UM, FOLLOWING TOWN CODE AND STATE LAW AND TOWN STAFF ENSURING THAT WE FEEL THE PROPERTY IS SAFE AND THAT THE SURROUNDING, UH, RESIDENTS ARE SAFE AS WELL. UH, ANOTHER QUOTE FROM THE PREVIOUS HEARING WAS WE'VE HAD NO RECORDED COMPLAINTS IN MORE THAN 25 YEARS OF OPERATION. CLOSE, CLOSE QUOTE. UM, THAT IS ALSO FALSE. THERE WERE ACTUALLY FIVE, UH, PREVIOUS NOTICE OF VIOLATIONS, THE FIFTH BEING THE ONE THAT LED TO THE STOP WORK ORDER AND, AND STARTED THIS WHOLE PROCEEDING. UM, ONE STATEMENT WAS MADE THAT A FEW NEW TOWN STAFF DECIDED THAT THEY WERE BAD GUYS DOING SOMETHING WRONG, DOING SOMETHING BAD. END QUOTE HAS NOTHING TO DO WITH PERSONALITIES. UH, IT HAS ABSOLUTELY EVERYTHING TO DO WITH ENFORCING THE TOWN CODE AND TREATING THA JUST THE SAME WAY WE TREAT ANY OTHER RESIDENT OR, UM, OPERATION WITHIN THE TOWN. AND, UM, I'VE SUBMITTED A FEW OTHER MINOR CHANGES. I THINK THOSE WERE THE BIG ONES I WANTED TO TOUCH ON TONIGHT. I'M HAPPY THAT WE'RE FINALLY LOOKING AT THE SITE PLAN. I KNOW, UM, DEPUTY BUILDING INSPECTOR GARRITY PROPOSED LATE 2023, EARLY [01:00:01] 2024 TO PUT IN THE SITE PLAN. I THINK IT'S AN AN IMPORTANT PROCESS AND I THINK WE'LL ALL BE HAPPY WHEN THIS IS FINALLY LAID TO REST AND, AND A DECISION IS MADE BY THE TOWN BOARD. IS THERE ANYBODY ELSE WHO WOULD WISH TO SPEAK ON THE TOWN'S BEHALF OR THERE ANY QUESTIONS FROM THE TOWN BOARD? THE ONLY QUESTION I HAVE IS, UM, YOU KNOW, I'VE BEEN IN TOUCH WITH, UH, THE APPLICANT'S ATTORNEY FOR THE PAST, YOU KNOW, FEW MONTHS, AND THEY CONSISTENTLY JUST ASKED FOR A MEETING. UM, AND I SORT OF FEEL THAT, YOU KNOW, SO MUCH OF GOVERNMENT COULD BE, UH, SO MANY CONTROVERSIES COULD BE RESOLVED IF WE JUST SAT DOWN. WE MET AND WE TRIED WORKING, YOU KNOW, THINGS OUT. AND, YOU KNOW, I PERSONALLY HAVE BEEN DISAPPOINTED THAT, YOU KNOW, THE BUILDING DEPARTMENT WON'T MEET WITH, UH, YOU KNOW, THE APPLICANT BECAUSE I FEEL THAT IF THERE'D BE, INSTEAD OF HAVING LIKE THESE FORMAL MEETINGS AND EVERYBODY'S INSULTING, YOU KNOW, OR BEING CRITICAL OR UH, BEING NEGATIVE, I FEEL THAT IF WE JUST SAT DOWN AND ALL OF US SAT DOWN IN A ROOM AND, UH, YOU SAID, THIS IS SOMETHING THAT WE DON'T LIKE AND WE'LL MEET AGAIN, YOU KNOW, THEN GIVES THEM, GIVE VALE AN OPPORTUNITY TO CORRECT IT, THEN WE CAN MEET A WEEK OR TWO LATER. AND I, I FEEL THAT WE COULD HAVE, WE COULD RESOLVE THIS, UH, YOU KNOW, QUICKLY BECAUSE, UM, FROM THE LAST TEARING THAT WE HAD, YOU KNOW, PRACTICALLY EVERY MAJOR COUNTY ORGANIZATION HAS BEEN VERY POSITIVE ABOUT, YOU KNOW, THIS BUSINESS. YOU'VE HAD THE ENVIRONMENTAL GROUPS, YOU HAVE THE PARKS AND RECREATION, UH, YOU KNOW, GROUPS. YOU HAVE THE BUSINESS COUNCIL OF WESTCHESTER. SO THIS IS NOT A BUSINESS THAT I FEEL SHOULD BE, UM, YOU KNOW, CONDEMNED OR, UH, OR, OR, OR, YOU KNOW, CRITICIZED. I THINK THAT WE SHOULD BE WORKING TOGETHER TO, UH, HELP THE BUSINESS, UM, UH, FEEL WELCOME. SO I, AT THE SAME TIME, NOT, WE'RE NOT, NOBODY'S ASKING THAT WE LOOK THE OTHER WAY. SO NOBODY'S ASKING FOR SPECIAL TREATMENT. NOBODY'S SAYING THE CODE SHOULDN'T BE COMPLIED WITH. ALL WE'RE SAYING IS LET'S SIT DOWN, LET'S HAVE A MEETING, LET'S HAVE MEETINGS, AND LET'S SEE IF WE COULD WORK THINGS OUT AND, UM, AND, YOU KNOW, RESOLVE THIS AND THEN WE CAN MOVE. YOU KNOW, I I REALLY BELIEVE IF WE HAVE A SERIES OF MEETINGS, WE COULD WORK THIS OUT JUST LIKE WE'VE WORKED OUT PRACTICALLY EVERY MAJOR CONTROVERSY, LAND USE CONTROVERSY SINCE I'VE BEEN SUPERVISOR, IT ALWAYS WORKS BETTER THAT WAY THAN JUST HAVING THESE HEARINGS. SO THIS HAS BEEN ONGOING SINCE LATE SUMMER OF 2023, AND WE HAVE HAD MANY, MANY MEETINGS WITH THE APPLICANT, INCLUDING BUILDING INSPECTOR, UH, DEPUTY BUILDING INSPECTOR, AND, UM, TOWN ENGINEER PLANNING COMMISSIONER. UM, I THINK WE'VE HIT AN IMPASSE. I I DID, I DID SEE THE REQUEST FROM THEIR COUNCIL. WE HAD A NICE CONVERSATION. I BROUGHT IT TO THE ATTENTION OF TOWN STAFF. THEY FELT THAT IT WOULD NOT BE BENEFICIAL BECAUSE THEY HAD, UH, REACHED AN AREA THAT THEY COULDN'T COMPROMISE SAFETY ANY FURTHER. THEY, THEY'VE GONE TO THE LIMIT OF WHAT THEY THINK IS ACCEPTABLE. UM, AND, AND I'LL SAY I COMMEND BOTH THE TOWN STAFF AND THA FOR COMING TOGETHER THOSE MANY TIMES AND TRYING TO FIND AS MANY COMMON GROUND AREAS AS POSSIBLE. BUT THE ONES THAT ARE OUTSTANDING, I'M BEING TOLD BY TOWN STAFF, UM, THEY ARE, ARE NOT WILLING TO BEND ON THOSE FINAL MATTERS. AND THAT'S WHY WE'RE IN THESE FORMAL HEARINGS HERE TODAY. ANY OTHER QUESTIONS FOR TOWN STAFF BEFORE BAIL PRESENTS? NO. OKAY. YOU CAN GO, UH, TERENCE, IF YOU COULD PUT THEIR SCREEN, IF, ARE YOU READY FOR THAT OR NO? ARE YOU, DO YOU WANNA SHARE RIGHT NOW? NOT YET. OKAY. GOOD EVENING, MR. SUPERVISOR MEMBERS OF THE TOWN BOARD STAFF MEMBERS OF THE PUBLIC. DAVID STEINMETZ FROM THE LAW FIRM IS AARON STEINMETZ WITH THE AUSPICIOUS TASK OF REPRESENTING THE INDUSTRIES TONIGHT. THERE'S AN AWFUL LOT FOR ME TO UNPACK IN TERMS OF THE PRESENTATIONS THAT WERE MADE. UH, JOE'S COMMENTS, I'M GONNA DO THE BEST I CAN TO DO SO IN A THOUGHTFUL, UH, CALM AND DELIBERATE AND HOPEFULLY INFORMATIVE FASHION. I'M JOINED TONIGHT BY GLENN PANA, UH, PRESIDENT AND CEO OF FAIL, SEVERAL OF THE SENIOR OFFICIALS, UH, FROM FAIL. PETER OLA FROM CLA, OUR, UH, PROJECT ENGINEERING, LANDSCAPE ARCHITECTURE AND ENVIRONMENTAL CONSULTANTS. AND KEN KEN WESNER. UM, 30, 35 YEARS, UH, SENIOR LEVEL MANAGEMENT, UH, AT, AT THE DEC UM, IS HERE AS WELL AS I THINK YOU ALL UNDERSTAND, WE'RE HERE TONIGHT IN CONNECTION WITH THE SITE PLAN APPLICATION. WE WOULD LIKE TO GET A SITE PLAN APPROVED BY THE TOWN SO THAT THIS BUSINESS, WHICH HAS BEEN IN THE TOWN FOR NOW 27 YEARS, OPERATING AS IT BELIEVES LAWFULLY HIGHLY REGULATED BY THE DEC WESTCHESTER COUNTY, OSHA, [01:05:01] UH, NAME IT. UH, THEY HAVE BEEN THROUGH THE RINGER FOR 27 YEARS. UH, WE WOULD LIKE TO CONTINUE TO DO THAT. OUR TEAM IS HERE. WE'RE GONNA TRY NOT TO COVER THE SAME THINGS THAT WE COVERED ON OCTOBER 22ND. UM, BUT I NEED TO AT LEAST START, UM, AND I APPRECIATE SOME OF THE INTRODUCTORY COMMENTS THAT WERE MADE AT FIVE 30 TONIGHT. I RECEIVED TWO MEMOS DATED TODAY, UM, JANUARY 28TH, 2026. WE STOOD BEFORE YOU ON OCTOBER 22ND, 2025, MORE THAN 90 DAYS AGO. WE SUBMITTED SUPPLEMENTAL MATERIALS TO YOU IN NOVEMBER AND IT'S JUST IMPORTANT FOR YOU TO UNDERSTAND AND FOR THE RECORD TO REFLECT THAT WE RECEIVED THOSE MEMOS, LITERALLY AN HOUR AND A HALF, UH, BEFORE THE MEETING BEGAN. IN ADDITION, ON FRIDAY, JANUARY 23RD, I RECEIVED AN EMAIL FROM COMMISSIONER DUQUESNE AND I GENUINELY APPRECIATE GARRETT'S COMMENTS APOLOGIZING ON JANUARY 23RD THAT HE WAS PROVIDING ME WITH A MEMO DATED JANUARY FIVE AND A MEMO DATED JANUARY 15. I SAY THAT BECAUSE YOUR TOWN BOARD NEEDS TO UNDERSTAND THAT WE'RE TRYING TO WORK COOPERATIVELY, WE'RE TRYING TO RESPOND, AND THERE ARE ELEMENTS OF WHY ARE WE RECEIVING THINGS, LITERALLY IN SOME INSTANCES 90 DAYS MORE AFTER WHEN THEY COULD HAVE BEEN PROVIDED. AND I'LL COME BACK TO THAT 90 DAY COMMENT IN A MOMENT. I APPRECIATE THE SUPERVISOR'S COMMENTS. UM, AT THE LAST MEETING, WE DID HAVE A NUMBER, YOU KNOW, WE HAD A NUMBER OF SUPPORTERS HERE. UH, I DON'T GET TO GO TO A LOT OF MEETINGS WHERE, UH, THE WESTCHESTER COUNTY PARKS DEPARTMENT SENDS OFFICIALS IN SUPPORT OF MY APPLICATION WITH LEAGUE OF CONSERVATION VOTERS, SENDS SOMEBODY IN SUPPORT OF, UH, THE APPLICATION WHERE LOCAL UNION LEADERS ARE ACTUALLY HERE IN SUPPORT OF, UH, AN APPLICATION, LET ALONE THE FOLKS WHO WORK AT VALE. TONIGHT. WHAT I REALLY WANT TO TRY TO DO, WORKING TOGETHER WITH OUR PROJECT TECHNICAL TEAM IS IDENTIFY WHAT WE HAVE BEEN THROUGH WITH REGARD TO THE SITE PLAN, WHERE WE HAVE AGREEMENT, AND, AND WHERE WE HAVE SOME ELEMENTS OF DISAGREEMENT. AND, UM, GARRETT, THANK YOU FOR INTRODUCING INTO THE RECORD SOME OF THE THINGS THAT THAS ALREADY INCORPORATED. THEY WERE PART OF THE SPECIAL PERMIT. THERE ARE CLEARLY IMPROVEMENTS TO THIS OPERATION THAT THE ZONING BOARD MEMORIALIZED IN THEIR SPECIAL PERMIT. BUT BEFORE, UM, WE COVER THE SITE PLAN, I WANNA REMIND THE BOARD AND STATE FOR THE RECORD THAT WE SPENT NEARLY TWO YEARS BEFORE THE ZONING BOARD, BEFORE THEY ISSUED THAT SPECIAL PERMIT IN MARCH OF 2025, A NEW SPECIAL PERMIT PERTAINING TO ITS ROCK AND AGGREGATE RECYCLING FACILITY. AND ONE OF THE REASONS, AND I TOUCHED THIS LAST TIME, AND I DON'T THINK IT WAS CLEAR ENOUGH, SO I'M GONNA TRY TO BE MORE PRECISE. ONE OF THE REASONS WE BELIEVE THERE'S A FAIR AMOUNT OF DISCONNECT OR CONFUSION IS THAT THE ZONING BOARD OF APPEALS VOTED ON A RESOLUTION THAT THEY DID NOT HAVE BEFORE THEM THE NIGHT THAT THEY VOTED. I APPEAR IN FRONT OF YOUR ZONING BOARD A LOT. I APPEAR IN FRONT OF TOO MANY BOARDS THROUGHOUT THIS COUNTY, TOO MANY NIGHTS THROUGHOUT THE YEAR. IT WAS AN UNUSUAL PROCEDURAL STEP. AND, AND ONE OF THE REASONS IT WAS UNUSUAL WAS BECAUSE THERE HAD BEEN SO MUCH, AS JOE SAID, BACK AND FORTH BETWEEN THE APPLICANT STAFF AND SOMEONE WHO'S GLARINGLY MISSING, GLARINGLY MISSING FROM TONIGHT'S MEETING, WE SPENT TWO YEARS, MY CLIENT SPENT OVER $50,000 PAYING FOR THE TOWN OF GREENBURG TO BRING IN AN OUTSIDE EXPERT FROM PSNS, A PROFESSIONAL ENGINEER AND A PROFESSIONAL PLANNER WHO VISITED THE SITE MULTIPLE TIMES, WENT TO MEETINGS WITH US MULTIPLE TIMES, WENT TO ZONING BOARD MEETINGS MULTIPLE TIMES, AND ISSUED RECOMMENDED CONDITIONS. I'VE BEGGED YOU GUYS TO HAVE PSNS COME TO ONE OF THESE MEETINGS 'CAUSE I KNOW NONE OF YOU ARE WEARING STRIPED SHIRTS AND YOU KIND OF NEED TO REFEREE SOME TECHNICAL ISSUES THAT ARE NOT EASY ISSUES. I'VE, I'VE WRITTEN TO JOE, TO GARRETT AND TO YOUR BOARD ASKING, WE PAID FOR THEM ALREADY. WE'LL PAY FOR THEM AGAIN, HAVE THEM COME IN AND BE OF SOME HELP. SO IT'S ODD FOR THE RECORD THAT PSNS IS NOT HERE. AND THE REASON IT'S SIGNIFICANT IS BECAUSE THE, THE ZONING BOARD HAD VOTED ON ON MARCH 13TH, 2025 ON A RESOLUTION. IT WASN'T IN WRITING. WE WERE ALL THERE. WE ASKED TO SEE IT. THE ZONING BOARD DIDN'T HAVE IT. IT, IT AROSE EIGHT DAYS LATER ON MARCH 21ST, IT GETS STAMPED IN THE CLERK'S OFFICE. WHY IS THAT, DAVID? WHY IS THAT SIGNIFICANT? BECAUSE THERE WERE THINGS THAT WENT BACK AND FORTH BETWEEN SALE STAFF AND PSNS TECHNICAL THINGS THAT WE HAVE IN WRITING FROM PSNS AND THEY CHANGED IN [01:10:01] THE FINAL VERSION OF THE SPECIAL PERMIT. AND THERE'S SOME SIGNIFICANT ISSUES. WE WOULD LOVE TO SIT DOWN IN A ROOM WITH STAFF AND PS AND S AND HAMMER SOME OF THAT OUT AND ELIMINATE A WHOLE BUNCH OF ISSUES. I'VE, I'VE ASKED REPEATEDLY FOR THAT STAFF LEVEL MEETING AND THE SUPERVISOR'S W RIGHT? I EVEN SAID TO ALL OF YOU IN WRITING, I, I'D RATHER SIT WITH YOU AT A RECTANGULAR TABLE AND HAVE A WORK SESSION WITH ALL OF YOU AND TALK SOME OF THIS THROUGH, RATHER THAN HAVING TO DO THIS TONIGHT AT A PUBLIC HEARING AND TAKE UP TIME ON YOUR AGENDA. BUT I WAS DENIED THAT. SO I'M HERE. I HAVE NO CHOICE ON BEHALF OF MY CLIENT, BUT TO A, TALK TO YOU, B MAKE A RECORD BEFORE YOU. SO IT IS WHAT IT IS. UM, I, I APOLOGIZE. WE'RE GONNA TAKE OUR TIME, BUT THIS IS WHAT YOU GAVE ME. I, I ASK NOT TO DO THIS. I, I KNOW WHAT THE RIGHT WAY TO DO THIS. THIS IS NOT, AS THE SUPERVISOR INDICATED, THIS ISN'T THE BEST WAY TO DO THIS. BUT THAT'S WHAT YOU ALL SEEM TO HAVE WANTED. SO WE GOT AN 11 PAGE DOCUMENT FROM THE ZONING BOARD OF APPEALS WITH 20 CONDITIONS. AND THEY'RE VERY IMPORTANT COMPONENTS OF THE REGULATION OF THIS SITE. JOE, LIZ, GARRETT. THEY CAN ALL TELL YOU THAT THINGS TODAY AREN'T EXACTLY THE WAY THEY SHOULD HAVE UNFOLDED OVER 27 YEARS. THEY CAN KEEP SAYING THAT EVERY SINGLE DAY. IT DOESN'T CHANGE THE PRIOR 25 YEARS THAT THIS TOWN, YOUR TOWN, AND SOME OF YOU WERE ON THE TOWN BOARD THROUGHOUT THAT DURATION, THAT THIS TOWN HAD THIS OPERATION IN EXISTENCE AND KEPT ISSUING 25 TIMES IN A ROW A SPECIAL USE PERMIT FOR THIS OPERATION. LIZ IS RIGHT. I DON'T, I GUESS THERE IS NO SITE PLAN. I WASN'T HERE. I WASN'T COUNSEL 27 YEARS AGO. I GUESS THERE IS NO SITE PLAN ON FILE, BUT TO CONDEMN THIS BUSINESS BECAUSE THERE'S NO SITE PLAN IN EXISTENCE, AND TO TELL THEM NO, FOR THE RECORD TODAY, FOR THE FIRST TIME IN MY NEARLY THREE YEARS ON THIS, THAT LET'S JUST TREAT THIS AS A NEW APPLICATION ON VACANT LAND. COME ON. YOU GOTTA BE KIDDING ME. THEY'VE BEEN OPERATING IN THIS TOWN FOR 27 YEARS. IT'S A VITAL, CRITICAL, CRITICAL BUSINESS IN OUR COUNTY. AND WE'RE GONNA GO BACK 27 YEARS NOW AND TRY TO START OVER AGAIN. IT'S NOT GONNA HAPPEN. IT'S NOT PRACTICAL AND YOU ALL KNOW BETTER. SO LET'S TRY TO GO FORWARD TOGETHER. I DON'T, I, MY SENSE IS, MR. SUPERVISOR NEVER GOTTEN THE SENSE THAT YOU GENUINELY WANTED TO CLOSE THIS BUSINESS. 'CAUSE AS JOE INDICATED, IF YOU WANTED TO CLOSE IT, THE STOCK WORK ORDER WOULD'VE BEEN REISSUED MULTIPLE TIMES OVER THE LAST THREE YEARS. AND IT HASN'T BEEN, I'M AWARE OF THAT. THEY'RE AWARE OF THAT. BUT AS I SAID TO YOU THREE MONTHS AGO WHEN I STOOD UP IN FRONT OF YOU, I KIND OF FEEL LIKE YOU'RE TORTURING THIS BUSINESS SLOWLY. AND I DON'T KNOW WHY, WHY DO I SAY THAT? BECAUSE LET'S LEAVE, TELL LIZ AND GARRETT AND JOE TO GET IN A ROOM WITH P, S AND S AND US AND TELL US NOT TO COME BACK IN FRONT OF THIS BOARD UNTIL WE'VE HAMMERED SOMETHING OUT, BECAUSE THAT'S THE RIGHT WAY TO SOLVE IT. SO LET'S TALK ABOUT WHAT'S HAPPENED OVER THE ENSUING 10 MONTHS. WE GOT A SPECIAL PERMIT IN MARCH OF 2025. GOD, THERE HAVE BEEN A LOT OF MEMOS WRITTEN SINCE MARCH OF 2025. LIZ, THANK YOU FOR IDENTIFYING THEM ALL FOR THE RECORD BUILDING DEPARTMENT, ENGINEERING DEPARTMENT. I GUESS THERE'S SOME LEGAL MEMO THAT JOE WROTE. GARRETT'S CONTRIBUTED SOME THINGS. FIRE DEPARTMENT'S WRITTEN SOME MEMOS. MY TEAM, THEY RESPONDED. THEY KEEP RESPONDING. I CAN'T EVEN FOLLOW THEM. THEY COME OUT IN BLACK INK, THEN THEY GO BACK WITH RED INK, AND THEN THEY COME BACK WITH GREEN INK WHERE THE TOWN ACCEPTS THEM. BACK AND FORTH, BACK AND FORTH, BACK AND FORTH. HERE WE ARE. I DON'T KNOW WHERE IT'S GOTTEN US. IT CERTAINLY DOESN'T SEEM TO HAVE BEEN PRODUCTIVE. I'VE ASKED FOR A STAFF MEETING. I'VE ASKED FOR A WORK SESSION. I'VE ASKED FOR PSNS AND I RENEW THAT REQUEST ON THE RECORD TONIGHT. I REALLY HOPE YOU SEND US HOME WITH A HOMEWORK ASSIGNMENT THAT WE'RE HAVING THAT MEETING. SO LET'S COVER THE SITE PLAN BEFORE THE SITE PLAN GOES UP ON THE, ON THE, ON THE SCREEN. I WANT TO HIT A COUPLE OF HIGH LEVEL POINTS TO MAKE PETER'S PRESENTATION MAKE SENSE TO YOU, DAVID, YOU SAID THERE WERE SOME DISCONNECTS. WHERE ARE THERE DISCONNECTS? BEFORE I GET TO THE DISCONNECTS, LET'S TALK THE DISCONNECTS. LET'S TALK ABOUT WHAT YOU'VE ACCOMPLISHED. FAIL CONCEDED IN ITS MOST RECENT ITERATION OF THE SITE PLAN, WHICH WAS SUBMITTED IN NOVEMBER. AGAIN, I'M GETTING REVIEW MEMOS TONIGHT. FAIL CONCEDED IN ITS MOST RECENT ITERATION. THREE CRITICAL ISSUES. ONE, THERE IS NO REQUIREMENT IN THE DEC IN FAILS, DEC PERMIT OR THE DEC REGULATIONS FOR A TIRE WASH. AND FOR 27 YEARS, THIS SITE IS OPERATED. AND THERE WAS NO TIRE WASH ON THIS PROPERTY. THEY'VE, THEY'VE AGREED, THEY'VE CONCEDED TO GIVE A TIRE WASH. THERE'S NO REQUIREMENT FROM THE DEC AND FAILS DEC PERMIT OR IN THE DEC REGULATION FOR SCALES. AND FOR 27 YEARS, THEY HAD NO SCALES. THEY HAVE CONCEDED IN THAT NOVEMBER ITERATION OF THE SITE PLAN TO PUT [01:15:01] IN SCALES. LIKEWISE, THERE'S NO REQUIREMENT IN THE ZONING BOARD OF APPEALS RESOLUTION OR THEIR, THEIR SPECIAL USE PERMIT FOR A LOOP ROAD. NOR HAS THERE EVER BEEN A REQUIREMENT FROM THE DEC THAT THERE NEEDED TO BE A LOOP ROAD FOR SAFETY PURPOSES. THEY HAVEN'T HAD ONE FOR 27 YEARS. THEY'VE CONCEDED THAT THEY WOULD DO A LOOP ROAD, HOWEVER, AND PETER'S GONNA COVER ALL OF THIS. THERE WERE SOME DISCONNECTS. SO LET'S START WITH THAT LOOP ROAD. START FROM THE PREDICATE THAT MY CLIENT HAS TO PAY WORKERS' COMP INSURANCE, LIABILITY INSURANCE, OPERATE IN A BUSINESS CLIMATE WHERE IT'S IMPORTANT TO DO YOUR JOB AND DO IT WELL. AND THEY'RE REGULATED BY WESTCHESTER COUNTY AND THE DEC AT NO TIME HAS THIS AND GO, GO, GO VET THEM. I'M SURE YOU ALL HAVE THE DE C'S NOT GONNA TELL YOU FAILS, DONE A BAD JOB. THE COUNTY'S NOT GONNA TELL YOU FAILS DONE A BAD JOB. AND NEITHER THE DEC NOR THE COUNTY ARE GOING TO TELL YOU THAT THEY HAVE TO PAVE THEIR LOOP ROAD WITH ASPHALT IN ORDER TO HAVE A SAFE LOOP ROAD. PETER WILL COVER THAT. BUT I WANT YOU TO UNDERSTAND ONE OF THE THINGS THAT WE'VE BEEN GOING BACK AND FORTH ON, WHY ARE WE BEING TOLD TO PAVE THE ROAD IN ASPHALT? THE FIRE TRUCKS? THE FIRE TRUCKS DON'T WEIGH AS MUCH. FOLKS, AS I'M TOLD, LET THE EXPERTS TELL YOU, GO ASK YOUR EXPERT. THE FIRE TRUCKS DON'T WEIGH AS MUCH AS THE TRUCKS THAT COME IN AND OUTTA THAT SITE EVERY DAY WHEN THEY'RE LOADED WITH ROCK. IT'S JUST A FACT. SO THE STRUCTURAL AND THE GEOTECH ENGINEERS WILL TELL US THAT THE SOIL BENEATH THAT LOOP ROAD IS SO MUCH MORE COMPACTED THAN IT THAN YOU GET NO BENEFIT FROM THE ASPHALT. ASPHALT. WE WILL EXPLAIN THE IMPORTANCE OF ACCEPTING ASPHALT. I THINK YOU'VE HEARD THE IMPORTANCE OF ACCEPTING ASPHALT FOR RECYCLING. AND, AND I, AND I DON'T KNOW WHY IN THE LAST ITERATION OF THE SPECIAL PERMIT BETWEEN, IN THAT EIGHT DAYS IT CAME OUT, ASPHALT PARENTHESES FROM EXCAVATIONS ONLY ASPHALT IN SOCIETY THAT COMES TO THIS SITE COMES IN WAYS THAT MAYBE, ARGUABLY IT'S NOT EXCAVATED. I COULD MAKE A GREAT ARGUMENT. IT'S EXCAVATED. BUT WHEN DOT GOES OUT AND SCRAPES OR SCARIFIES, UM, THE ROADS, IT'S NOT REALLY EXCAVATING THE ROAD. IT'S CHOPPING IT. AND THAT'S, THOSE MILLINGS GO TO FAIL. THEY'VE ALWAYS GONE TO FAIL. I WANNA NOTE THAT I, I REALLY DO APPRECIATE THE CLARIFICATION. MEMO FROM COMMISSIONER FOND, UM, ABOUT THE BEARING OF ASPHALT. UM, AND I HOPE RICH IS STILL ON ADJACENT TO PAUL CROSS. THAT WAS ALLEGEDLY DONE BY THE VILLAGE OF ELMSFORD. WE, WE DON'T KNOW THAT IT WAS DONE BY THE VILLAGE OF ELMSFORD. UM, BUT I GENUINELY APPRECIATE THE COMMISSIONER'S MEMO AND EXPLANATION. AND YOU SHOULD ALL KNOW THAT, UM, FAIL SERVED A FREEDOM OF INFORMATION REQUEST SO THAT IT OBTAINS THE INFORMATION ON THE VIOLATION AND THE DE'S INVESTIGATION. A LOT OF PEOPLE COME TO FAIL AND SHARE INFORMATION WITH FAIL AND WHAT THEY THINK HAS HAPPENED. AND, AND OBVIOUSLY, UM, THE COMMISSIONER HAS, HAS INDICATED IN HIS MEMO, THE INFORMATION THAT THEY HAD BEEN GIVEN WAS NOT ACCURATE. ALL FAIL WANTS IS ACCURATE INFORMATION. BUT MORE THAN THAT, WHAT FAIL WANTS IS TO BE ABLE TO ACCEPT ASPHALT SO THAT IT CAN BE RECYCLED AS IT ALWAYS HAS BEEN. YOU FOLKS HAD THE TOWN OF GREENBURG BRINGING ASPHALT HERE. THE FOUR MAYORS WHO SAT HERE, THEY HAD ASPHALT FROM HASTINGS AND DOPPS FERRY IN IRVINGTON. IT CAME TO THIS FACILITY. I DON'T KNOW WHERE IT'S GOING NOW. NEXT ISSUE THAT WE'RE GONNA COVER, WE'RE GONNA COVER SECONDARY CONTAINMENT. THERE ARE FEATURES ON THE SITE AS WE HEARD ABOUT OIL TANKS. THERE'VE BEEN FUEL TANKS ON THIS PROPERTY FOR OVER 25 YEARS. UM, AND MY CLIENTS DON'T BELIEVE ANY PHYSICAL CHANGES SHOULD BE REQUIRED ASSOCIATED WITH THOSE FUEL TANKS. THEY'RE SITTING ON A CONTAINMENT AREA OR A HARDENED AREA. AND PETER WILL EXPLAIN THAT. AND DEAL DEPARTMENT OF HEALTH IN WESTCHESTER COUNTY REGULATES FUEL OIL TANKS NOT TYPICALLY REGULATED BY A LOCAL MUNICIPALITY. THE JURISDICTION FOR THAT IS WITH, IS WITH A DEPARTMENT IN WESTCHESTER COUNTY. SO WHY THE TOWN IS STEPPING OR ATTEMPTING TO STEP INTO THE REGULATION OF THE FUEL TANKS REMAINS PUZZLING. AND WE DON'T BELIEVE THAT WHAT WE'RE BEING ASKED IS REQUIRED. AGAIN, IT'S A PERFECT ISSUE TO LET THE TECHNICAL PEOPLE SIT DOWN AND, AND, AND WRESTLE THROUGH. NEXT, NEXT ISSUE OF DISCONNECT. UM, PETER'S GONNA EXPLAIN THE PURPOSE OF GRAVITY BLOCKS ON THE SITE AND WHY FOR 27 YEARS. THOSE GRAVITY BLOCKS, WHICH ARE BASICALLY HEAVY DIVIDERS, FAIL MANUFACTURERS BY RECYCLING ROCK A LOT OF DIFFERENT PRODUCTS. AND YOU DON'T WANT THE BIG ROCKS MIXING WITH THE SMALLER STONES AND THE SAND. SO YOU PUT DIVIDERS BETWEEN THEM AND THEY HAPPEN TO BE HEAVY CONCRETE GRAVITY BLOCKS. [01:20:01] THEY'VE NEVER BEEN AFFIXED OR PINNED TO THE GROUND. THE TECHNICAL PEOPLE ON OUR SIDE SAY THEY DON'T REALLY NEED TO BE PINNED TO THE GROUND. WE DON'T BELIEVE YOUR EXPERTS THOUGHT THAT THEY HAD TO BE PINNED TO THE GROUND. THE BUILDING DEPARTMENT HAS SAID OTHERWISE, AND IT WAS EVEN REFERRED TO TONIGHT AS RETAINING WALLS. THEY'RE NOT RETAINING WALLS. AT LEAST THAT'S WHAT MY FOLKS TELL ME. THEY'RE NOT RETAINING WALLS, THEY'RE NOT, THEY'RE NOT WEIGHT BEARING. THAT'S NOT WHAT THEY'RE DOING. MANY OF THESE AG THESE DISAGREEMENTS, UM, RELATE TO SAFETY CONCERNS. I, I GET IT. I TOTALLY APPRECIATE THE FACT THAT THE BUILDING DEPARTMENT WANTS TO ENSURE THE SITE IS SAFE. AND I THINK JOE SAID SOMETHING LIKE THAT. AGAIN, IF YOU FOLKS DON'T THINK THA CARES ABOUT SAFETY, YOU ARE REALLY MISSING A MAJOR LINE ITEM IN THEIR PRO FORMA. THEY HAVE TO PAY A SIGNIFICANT AMOUNT TO ENSURE THAT THEIR SAFETY IS A PRIORITY. THEY PRIDE THEMSELVES ON SAFETY. THEY OPERATE A MUCH MORE PRECARIOUS SITE UP IN FISHKILL, WHERE THEY HAVE A MINE AND MACHINERY HUNT. HOW, HOW MUCH, HOW HIGH UP IN THE 200 FEET UP IN THE AIR? AND THERE'S NEVER BEEN AN INCIDENT. AND, AND WHILE I NEVER KNEW ANYTHING ABOUT A WORKERS' COMP MOD, I LEARNED ON THIS MATTER THAT MY CLIENT HAS PROBABLY ONE OF THE BEST WORKERS' COMP MODS OF ANY BUSINESS, LET ALONE A BUSINESS LIKE THIS. THEY HAVE A 0.59 WORKERS' COMP MOD. GO ASK PSNS. THEY KNEW WHAT THAT MEANT. THEY KNEW THAT SAFETY WAS OBVIOUSLY A PRIORITY. SO I, I APPLAUD THE BUILDING DEPARTMENT FOR CONSTANTLY REMINDING US ABOUT HOW IMPORTANT SAFETY IS IN THE TOWN OF GREENBURG. WE GET IT. WE KNOW IT. THEY'RE PART OF SAFETY IN THE TOWN OF GREENBURG. WHY ARE THEY'RE BEING ASKED TO DO THINGS THAT THEY DON'T BELIEVE IS GOING TO GET THEM ANYTHING OTHER THAN THEY'RE BEING KIND OF PUSHED AROUND A LITTLE BIT UNNECESSARILY. AND THEY'RE BEING ASKED TO DO THINGS IN TERMS OF REGULATING THEIR INTERNAL BUSINESS OPERATIONS. AND JOE HAS HEARD THIS FOR THE LAST TWO, TWO AND A HALF YEARS FROM ME. ZONING ALLOWS YOU TO REGULATE LAND USE. IT DOESN'T ALLOW YOU TO REGULATE THE INTERNAL BUSINESS OPERATIONS OF HOW THAT LAND IS USED. AND WHEN YOU GET INTO GLEN, YOU CAN'T JUST PILE YOUR JERSEY BARRIERS, YOUR GRAVITY BLOCKS. YOU GOTTA PIN HIM TO THE GROUND. YOU'RE NOW REGULATING HIS BUSINESS OPERATION. WHEN YOU TELL HIM HE CAN'T MOVE THE BARRIER FROM HERE, 'CAUSE TODAY THE ITEM FOUR IS 20 FEET WIDE TOMORROW, MAYBE IT'S 15 FEET WIDE, AND I NEED TO MOVE THAT GRAVITY BLOCK. YOU ARE REGULATING HIS BUSINESS. YOU'RE TRYING TO REGULATE HIS BUSINESS OPERATIONS. AND YOU, YOU SHOULDN'T BE DOING THAT. I'M GONNA LET PETER, UM, GO INTO THE SITE PLAN AND WE'RE GONNA DO THAT SEQUENTIALLY. NOW, OUR GOAL, AS YOU GET UP, PETER, AND WE BRING UP YOUR PLAN, OUR GOAL IS TO TRY TO LEAVE WITH A MECHANISM IN PLACE THAT WE GET A SITE PLAN APPROVED. WE GO BACK TO THE ZONING BOARD AND, AND I, I PROBABLY SKIPPED THAT ONE LITTLE TECHNICAL POINT I MENTIONED THE FACT THAT WE HAVE THESE QUESTIONS ABOUT THE ZONING BOARD'S SPECIAL PERMIT. YOU MAY KNOW THIS. JOE KNOWS IT. LIZ AND GARRETT KNOW I TRIED TO GO RIGHT BACK TO THE ZONING BOARD IN MARCH OF 2025 INTO APRIL OF 2025. ED LIEBERMAN TOOK THE POSITION AS LIZ TOLD YOU, THERE'S A CONDITION, DAVID, THAT YOU HAVE TO GET SITE PLAN APPROVAL. I WANT YOU TO GO TO THE TOWN BOARD AND GO GET SITE PLAN APPROVAL, FINISH THAT, AND THEN COME BACK TO THE ZONING BOARD. WHY, ED? 'CAUSE I DON'T WANT YOU TO GO GO THERE AND I DON'T WANT YOU TO GO THERE. COME BACK TO US TWICE. I DON'T WANT YOU TO COME BACK TO US IN APRIL OR MAY OF 2025. GO TO THE TOWN BOARD, SOMETHING CHANGES AND YOU'RE COMING BACK AGAIN. SO YOU GET TO COME BACK HERE. I GET ONE RETURN TO THE ZONING BOARD TO CLEAN UP SOME OF THOSE ISSUES. SO I NEED TO GET OUT OF THIS BOARD AS SOON AS I CAN AND GO BACK TO THE ZONING BOARD AND TRY TO CLEAN UP THOSE CONDITIONS THAT, IN THAT EIGHT DAY PERIOD FROM THE 13TH TO THE 21ST OF MARCH, SOMETHING WEIRD HAPPENED. I NEED TO GET BACK IN FRONT OF THE ZONING BOARD, BRING PSNS BACK AND CLEAN UP SOME OF THESE TECHNICAL ISSUES. SO THE SOONER I CAN GET OUT OF THE TOWN BOARD AND GET A SITE PLAN APPROVAL AND GET BACK TO THE ZONING BOARD, MAYBE I CAN GET TO THE END OF THIS AND I CAN TURN THEM LOOSE TO GET THEIR BUILDING PERMITS AND GO ON AND CONTINUE TO TRANSACT BUSINESS FOR THE NEXT QUARTER CENTURY. HOPEFULLY WITHOUT DIFFICULTY WITH THE TOWN. THEY'RE NOT TRYING TO BE DIFFICULT WITH THE TOWN. I, IIII FEEL LIKE THEY'RE BEING PORTRAYED AS BAD GUYS. I KNOW COMMISSIONER FOND THOUGHT THAT, UM, SOME OF THE ACCUSATIONS, UH, THAT WERE WERE MADE, UH, BY OTHERS INDICATED THAT THE TOWN WERE, WERE, WERE BAD ACTORS. OBVIOUSLY, IF YOU ALL HAVE EVIDENCE THAT THAT'S NOT THE CASE, THAT'S NOT THE CASE. IF THE DEC INVESTIGATED THAT AND THERE WERE VIOLATIONS THAT WERE ISSUED ONE OR MORE TO, YOU KNOW, WHOMEVER, THEN THAT MAYBE IS THE, IS THE FINAL WORD. AND THAT'S WHY WE'VE ASKED TO SEE THE DE'S UM, INFORMATION BECAUSE WE WERE, OBVIOUSLY, MY CLIENT WAS OBVIOUSLY PROVIDED OR POTENTIALLY PROVIDED WITH INACCURATE INFORMATION. UM, I LOOK FORWARD AS I ALWAYS HAVE FOR 30 YEARS IN FRONT OF THIS BOARD TO WORKING PRODUCTIVELY WITH YOU. AND I REALLY WANT TO GET [01:25:01] TO THE END OF THIS. LET'S GO THROUGH THE SITE PLAN. OKAY, THANK YOU DAVID. UM, PETER LOYOLA, CLA SITE. AND, UH, I'M GONNA TRY AND SPEAK AS ELOQUENTLY AS DAVID, BUT I DON'T KNOW IF I'M GONNA DO A GOOD JOB WITH THAT. BUT I DO WANT TO TALK ABOUT THE SITE PLAN. AND I DO WANT TO TALK ABOUT, 'CAUSE WE'VE BEEN IN THE TRENCHES. UM, I'VE, I'VE BEEN THE CONSULTANT FOR DALE AT THIS FACILITY FOR OVER 20 YEARS. WE HANDLE THEIR STORM WATER MANAGEMENT PLAN AND, UH, UM, THROUGH DEC, WE'VE BEEN INVOLVED IN ALL THE PERMITTING FOR THE, UH, SPILL PREVENTION COUNTERMEASURE PLAN. UM, WE'VE BEEN HERE WHEN, UM, THE RAINS HAVE COME, WE MAKE IMPROVEMENTS TO THE STORM WATER. THAT'S BEEN THE PRIMARY, UH, JOB THAT, THAT WE PROVIDED. UM, BUT I WANT TO GO OVER THE EXISTING CONDITION, A COUPLE OF CLARIFICATIONS. UM, 'CAUSE THERE WAS SOME MENTION ABOUT THE EXISTING CONDITIONS SITE PLAN AND, AND WHAT WAS APPROVED IN 2002. WE LOOKED AT THAT PLAN. WE, WE DIDN'T HAVE A VERY CLEAN COPY OF IT. BUT, UM, WHAT I WANT TO POINT OUT ON THE PLAN, I DON'T KNOW IF YOU GUYS CAN SEE MY ARROW HERE. UM, COUPLE CLARIFICATIONS, UH, HERE. THE RED LINE IS THE, UH, ENTIRE PROPERTY. IT'S 14.3 ACRES. FAIL HAS LEASED PROPERTY. THAT'S APPROXIMATELY THREE ACRES. AND THAT LEASE PROPERTY STARTS AT THE TOE OF THIS HIGH WALL BECAUSE IT WAS A, IT WAS AN OLD QUARRY, AND THERE'S A HIGH WALL HERE THAT, THAT IS STABLE. IT'S ABOUT 75 50, 75 FEET TALL. BUT WE ARE NOT IN, IN THAT HIGH WALL. WE HAVEN'T DISTURBED IT. WE HAVEN'T TOUCHED IT. WE'RE AT THE BASE OF IT. AND WE'RE IN THIS FLAT AREA THAT'S ABOUT ZERO TO 5% SLOPE. UM, THE, THE GRADES HAVE NOT CHANGED. IF YOU TAKE A LOOK AT, UH, THAT 2002 PLAN THAT WE DID, THAT'S AT A A, A ONE 90 ELEVATION APPROXIMATELY. AND THAT'S WHAT WE ARE, THAT'S WHAT WE HAVE COMING BACK WITH LIDAR INFORMATION AND, AND EVERYTHING WAS REFERENCED AND CO AND, AND CROSS-REFERENCED WITH PSNS. WE WORKED VERY, UH, WELL WITH PSNS AND WITH TOWN STAFF TO GO THROUGH THESE TECHNICAL ISSUES. SO THE BASE INFORMATION THAT WE HAVE HERE IS VERY SIMILAR TO WHAT WAS IN 2002. UM, SO THAT I WANT TO CLARIFY. I ALSO WANT TO CLARIFY THAT, UM, THE THREE ACRES THAT IS UNDER LEASE IS AT THE TOW OF THE, OF THE HIGH WALL. IT COMES AROUND, IT INCLUDES THE ENTRANCE ROAD, AND THEN WE'RE ON THE WEST SIDE, NORTH IS TO THE RIGHT. AND, AND OUR, OUR THREE ACRES OPERATIONALLY ARE ON THE WEST SIDE OF, OF, UH, SOUTH WAREHOUSE LANE. AND THEN IT COMES ALONG THE 25 FOOT SETBACK THAT'S, UH, ALONG THE SOUTH PERIMETER THAT BORDERS PAUSE CROSSING. THE REASON WHY THAT'S IMPORTANT IS THAT'S OUR OPERATION AREA. WE'RE, WE'RE ABOUT THREE ACRES. THAT'S IT. UM, IN ADDITION, UH, FAIL MAINTAINS THE PRIVATE DRIVEWAY. THIS IS A PRIVATE ROAD. THEY MAINTAIN THE PRIVATE DRIVEWAY ALL THE WAY THROUGH TO PAUSE CROSSING. UH, THERE'S BEEN A LOT OF, UH, UH, GOOD GOODWILL BETWEEN PAUSE, CROSSING AND FAIL. THAT'S BEEN ON THE RECORD. UH, AND THEY MAINTAIN THAT. THEY MAINTAIN THE SNOW, THE PLOWING, UH, FOR THEIR OWN USE, BUT ALSO FOR PAW CROSSING AS A PRIVATE ROAD. UH, THEY ALSO MAINTAIN THE STORMWATER, UH, UH, DRAINAGE DITCH THAT'S ON THE EAST SIDE OF SOUTH WAREHOUSE LANE. THAT'S BEEN PART OF OUR STORMWATER MANAGEMENT PLAN FOR, UH, SINCE I, I'VE BEEN INVOLVED 22 YEARS, 23 YEARS. SO WHY IT'S IMPORTANT IS THAT'S WHAT'S IN OUR CONTROL. THAT'S WHAT WE HAVE ON SITE. IT'S A VERY TIGHT SITE. UM, GOING TO, UH, THE REASON I PUT THIS PLAN IN IS BECAUSE THIS IS WHAT, HOW WE'RE OPERATING TODAY. WE'VE MADE SIGNIFICANT IMPROVEMENTS SINCE 2023 WORKING WITH PSNS, UH, GIANNIS AND BRIAN, UM, AND, AND STAFF TO, UM, COME UP WITH A BETTER SITE CONDITION THAN WHAT WAS THERE IN 2023. WE'VE ALREADY DONE THAT. WE'VE PROVIDED ALL THE DOCUMENTATION FOR THE BUILDING PERMITS, UM, IMMEDIATELY WHEN, WHEN THEY WERE REQUESTED. I MEAN, WE HAVE AN INVENTORY OF EVERY SINGLE STRUCTURE THAT'S ON THE PROPERTY NOW. WE'VE IDENTIFIED ALL THE ELECTRICAL, UH, UH, IN PLANS. AND IT'S, AND, AND IT'S, UH, THE LATEST DOCUMENTS, UH, WE SUBMITTED WAS, UH, BACK IN, IN NOVEMBER. BUT WE'VE HAD THESE BUILDING DEPARTMENT PLANS, UH, IDENTIFYING ALL THE BUILDINGS AND ALL THE STRUCTURES FOR ALMOST TWO YEARS NOW. UH, SO THEY'RE READY TO BE, UH, APPROVED OR READY TO BE REVIEWED. UM, FOR SOME REASON THERE SEEMS TO BE, UH, YOU KNOW, SOME DISCONNECT WITH SOME OF THESE ITEMS THAT DAVID TALKED ABOUT. BUT WE HAVE COOPERATED ENTIRELY FROM DAY ONE WITH NOT ONLY, UH, DURING THE, THE, THE SPECIAL USE, UM, PROCESS, BUT ALSO, UH, WITH, UM, THROUGH [01:30:01] THE SITE PLAN PROCESS. UH, SO I WANT TO GO TO, SO THE PROPOSAL, YEAH, LET'S GET TO THE PROPOSED. UM, THIS IS AN ONGOING OPERATION AND WE ARE, WE'RE CONTINUING, WE'VE ALREADY PULLED THE, WE'VE ALREADY PULLED THE STOCKPILES BACK. SOME OF THE PICTURES THAT, UM, WE PROVIDED SHOW THAT WE'RE MAKING AN EFFORT TO PULL STOCKPILES BACK. WE'VE ALREADY DONE THAT ON SITE. WE'VE ALREADY IN, WE'VE ALREADY INCLUDED SOME STORMWATER STRUCTURES, UH, IN THE, ON THE SITE TO HELP WITH STORMWATER BEING CONTAINED IN THE SITE. IT'S AN ONGOING SW WE'RE, WE'RE OBLIGATED TO DO THAT ON AN ONGOING BASIS. WE'RE NOT GONNA WAIT TWO, THREE YEARS UNTIL WE GET PERMITS BY, BY INDUSTRIAL SECTOR STANDARDS. UM, IT'S AN ONGOING PERMIT. SO GETTING TO THE, UH, PROPOSED, UH, LET ME ZOOM IN HERE. OKAY. THE LOOP ROAD, UH, WAS A MAJOR CONCESSION, OBVIOUSLY, BECAUSE WE FELT WE HAD A, A A, AN ACCESS ROAD THAT MET ALL THE SAFETY REQUIREMENTS. BUT WE CONCEDED, WE BUILT THE, WE BUILT THE, AND DESIGNED THE LOOP ROAD. WE HAVE, UH, WE DID A DIAGRAM THAT'S IN YOUR DRAWINGS AND YOUR DRAWING PACKET. WE CAN GO THROUGH THAT IF WE NEED TO. BUT WE DID A TURNING RADIUS, UH, FIRE APPARATUS THAT WAS PROVIDED BY THE TOWN OF ELMSFORD. AND WE DID A TURNING RADIUS ANALYSIS. UH, WE MEET ALL THE REQUIREMENTS FOR THE LOOP ROAD. UM, WE, WE HAVE, UH, UM, OUTSIDE CONSULTANTS STANDING BY ON THE GEOTECH SIDE TO, TO TALK ABOUT THE STABILITY OF THE ROAD AND THE, UH, THE EFFICACY OF THE ROAD. UH, AND, UM, WE'VE MOVED THE, WE'VE MOVED THE STOCKPILES BACK. WE HAVE A DETAIL THAT SHOWS THAT, UH, WE INCLUDED THE TIRE WASH. WE INCLUDED THE SCALE. UM, ONE OF THE THINGS THAT, UM, UM, WE MISREPRESENTED TO SOME DEGREE WAS THE ASPHALT PAD THAT'S ALREADY THERE, UH, IN FRONT OF AND, AND SURROUNDING THE, UH, UM, THE BULK PETROLEUM STORAGE AREA. UM, WE HAVE ALL THE SECONDARY CONTAINMENT IN PLACE. I HAVE, UH, OUR, OUR CONSULTANT, UH, PAUL ADELE, WHO'S ENVIRONMENTAL ENGINEER. HE'S IN CHARGE OF THE SPILL PREVENTION AND COUNTERMEASURES AT, AT THE, UM, HE'S HERE TO SPEAK TO THAT. AND, UH, THE, THE, UM, UM, THAT WE'RE IN COMPLIANCE WITH THAT. UH, AND THEN THE STOCKPILES THEMSELVES. I MEAN, WE'VE PUSHED THOSE BACK. I HAVE A DETAIL THAT I WANT TO SHOW YOU, UM, IF I CAN WORK THE, THE DRAWING ON THIS. OKAY. UM, OKAY. SO THIS IS THE DETAIL. UM, SO IN THIS SET OF DRAWINGS IN, IN NOVEMBER, UM, WE ADDED THE TIRE WASH. WE ALREADY HAVE A TRACK PAD THAT'S, THAT'S ON SITE. AND WE ADDED THE SCALE TO THE SET OF DRAWINGS. SO THAT'S PART OF THE SITE PLAN SUBMISSION. UM, WHERE WE'RE, WHERE WE'RE AT, A LITTLE BIT OF AN IMPASSE HERE IS JUST, UM, THIS WAS A DETAIL, UH, LET ME GO TO IT. LET ME ZOOM IN HERE, MOVE IT DOWN A LITTLE BIT, IF I CAN DO THAT. THIS IS A DETAIL FROM SOUTH WAREHOUSE LANE, AND THIS IS WHAT WE PROPOSED, AND THIS IS WHAT PS AND SCLA SITE AND THE TOWN, UH, STAFF CAME UP WITH AS A DETAIL, UM, ALONG SOUTH WAREHOUSE LANE, BECAUSE THAT WAS ONE OF THE PRIMARY ISSUES IS THAT THE STOCKPILES WERE GETTING A LITTLE BIT TOO CLOSE TO SOUTH WAREHOUSE LANE. SO OUR DETAIL SHOWS, UH, A JERSEY BARRIER. WE'VE AGREED TO A NON-SCALABLE PERIMETER, PERIMETER SCALE, UH, SECURITY FENCE, 10 FEET FOR INSPECTION, AND THEN GRAVITY BLOCK TO HOLD BACK THE MATERIAL IN STOCKPILE. THAT'S GONNA BE NO FUR, NO CLOSER TO THE SOUTH WAREHOUSE LANE THAN 10 FEET. UM, THIS DETAIL SHOWS, UH, STORM CHAMBERS THAT WE, UH, INSTALLED, UH, TWO YEARS AGO, UH, IN AN EFFORT TO HELP WITH SOME OF THE STORM WATER THAT, UH, RUN OFF, UH, IN THE SITE AND ALONG THE PERIMETER OF THE SITE. THIS WILL BE COMPLETELY ACCESSIBLE FOR INSPECTION. PETER, CAN YOU EXPLAIN ONE OF THE ISSUES THAT IS THE GRAVITY BLOCK ISSUE? CAN YOU EXPLAIN IN YOUR, IN YOUR PROFESSIONAL OPINION, DO THE GRAVITY BLOCKS NEED TO BE PINNED AND AFFIXED OR NOT, AND WHY? UH, YEAH. AND WE, WE, WE DO HAVE A STRUCTURAL ENGINEER THAT'S, UH, THAT'S WAITING TO SPEAK IF WE, IF WE PUT 'EM ON. BUT THE GRAVITY BLOCK IS JUST USED FOR SEPARATION. UM, I'VE BEEN, UH, INVOLVED IN THE MINING INDUSTRY FOR OVER 30 YEARS NOW, AND I, I REPRESENT MINING COMPANIES ALL OVER NEW YORK STATE. AND, AND THOSE, THOSE GRAVITY BLOCKS WORK, THEY, THEY CONTAIN STOCKPILES. UM, MOST OF THE GRAVITY BLOCK, UM, BLOCK SYSTEM GOES WAY HIGHER THAN JUST TWO GRAVITY BLOCKS. WE'RE PROPOSING JUST TWO GRAVITY BLOCKS. SOME OF THE GRAVITY BLOCKS THAT, THAT WE'RE INVOLVED WITH GO UP AT LEAST FOUR COURSES, SOMETIMES FIVE COURSES. AND WHEN YOU SAY GO UP, YOU MEAN THEY'RE STACKED, THEY'RE STACKED UP ON TOP OF EACH OTHER. THREE, FOUR, AND FIVE, UH, FIVE HIGH WITHOUT PINNING, WITHOUT PINNING. UM, THEY'RE [01:35:01] VERY, VERY HEAVY BLOCKS. THEY'RE TWO BY TWO. THEY'RE KEYED IN AND THEY'RE, THEY'RE MAN, THEY'RE MANEUVERED AROUND. THEY'RE USED, THEY'RE RUN INTO, AND THEY'RE STABLE, VERY, VERY STABLE. THE KEY WITH THIS IS THAT THEY ARE, THEY'RE NOT CONSIDERED A RETAINING WALL BECAUSE THEY'RE SE THEY'RE PROVIDING SEPARATION, AS DAVID MENTIONED TO THE, TO THE STOCK FILE MATERIAL. SO, UM, WE HAVE, UH, LOUIS ANO, WHO'S A STRUCTURAL ENGINEER THAT REVIEWED OUR DETAIL. UM, AND, UH, HE CAN SPEAK TO THAT, UH, AS NECESSARY, UM, WHEN WE'RE, WHEN WE'RE THROUGH HERE. BUT, UM, WE FEEL WE'RE IN COMPLIANCE ALL THE WAY AROUND ON THIS, UH, WITH, AND WE'VE SPENT A LOT OF TIME, UM, IMPROVING THE SITE. PETE, PETER, IF I WERE ON THE TOWN BOARD, I, I'D, I'D ASK, WHAT'S THE BIG DEAL? WHY, WHY NOT PIN IT? WHAT, WHY IS PINNING AN ISSUE? WHY ARE WE OBJECTING TO PING? UH, BECAUSE IT JUST, IT, IT, UM, DETERS FROM THE OPERATION. THESE STOCKPILES ARE MEANT TO BE MOVED BIGGER, SMALLER. THE GRAVITY BLOCK IS MOVED AROUND ON A CONTINUAL BASIS. WHEN MATERIAL COMES IN AND THERE'S A CALL, A NEED FOR MORE CONCRETE MATERIAL, THEN THOSE PILES HAVE TO GET A LITTLE BIT BIGGER. WE'RE NOT GONNA EVER GO CLOSER TO SOUTH WAREHOUSE LANE, BUT WIDTHWISE, WE NEED TO GO A LITTLE BIT WIDER IN ORDER TO, TO ACCOMMODATE, UH, THE MATERIAL THAT'S COMING IN ON THE SITE. AND THEN WHEN THE MATERIALS, YOU KNOW, LEAVING THE SITE, THOSE GRAVITY BLOCKS CAN GET, UH, MOVED, UH, YOU KNOW, TIGHTER IN TO MAKE ROOM FOR OTHER PRODUCTS. SO IT, IT HAS TO BE A FLEXIBLE, UH, GRAVITY BLOCK SYSTEM, UH, SEPARATION SYSTEM. AND THEY JUST TAKE THEIR BACK. THEY, THEY TAKE THEIR FORKLIFTS, THEY PICK THESE MASSIVE PIECES OF BLOCK UP, THEY SET 'EM DOWN, THEY KEY 'EM IN, AND THEY'RE GOOD TO GO. UM, WE ARE, WE ARE PROPOSING THAT, UM, THE GRAVITY BLOCK NOT BE, UM, HIGHER THAN TWO COURSES. THEY CAN, THEY CAN CERTAINLY BE TWO COURSES. AND WE HAVE A, LIKE I SAID, A STRUCTURAL ENGINEER WHO KNOWS INDUSTRY STANDARD, AND, AND HE'S HERE TO, YOU KNOW, SPEAK TO THAT, PETER, BACK UP ON THE LOOP ROAD. 'CAUSE I LET YOU KEEP GOING. AND I REALLY WOULD LIKE YOU TO KIND OF GO ONE TOPIC AT A TIME. SO LET'S TALK ABOUT LOOP ROAD. THE LOOP ROAD. YOU'VE NOW, CAN YOU GO BACK TO YOUR DRAWING WITH THE LOOP ROAD? SURE. SO FOR 20 SOME ODD YEARS, YOU HAD NO LOOP ROAD. YOU GUYS, YOU AND PHIL THOUGHT YOU HAD ACCESS TO THE WHOLE SITE. YOU GOT YOUR MACHINERY IN AND OUT, EVERYBODY WAS ABLE TO TURN AROUND AND GET OUT THERE, AND YOU THOUGHT YOU HAD A SAFE SITE. NONETHELESS. YOU'VE GOT THE LOOP ROAD. WHY WON'T YOU ASPHALT IT? WHAT, WHAT'S, WHAT'S THE SIGNIFICANCE OF THE ASPHALT AGAIN? THE, THE, THE ASPHALT, UM, THE, UM, THE COMPACT, I MEAN, THERE'S DIRT ROADS ALL OVER WESTCHESTER COUNTY, AND THEY'RE SERVICED BY FIRE TRUCKS AND, AND RESIDENTIAL COMMUNITY THROUGHOUT WESTCHESTER COUNTY. IT'S VERY SIMILAR. IT GETS COMPACTED, UM, VERY, VERY TIGHTLY IF WE PUT ASPHALT ON IT. UH, IT, IT, FIRST OF ALL, IT'S AN, IT'S AN, UM, A MAINTENANCE HEADACHE BECAUSE THE TRUCKS ARE RUNNING OVER IT. IT ASPHALT'S FLEXIBLE, IT'S BASED ON IT, IT, ITS STABILITY IS, UH, DIRECTLY RELATED TO THE SUB BASE BELOW. SO IT'S NOT NECESSARY TO PAVE, UM, SOMETHING THAT'S COMPACTED SO TIGHTLY. UH, AND DURING ANY KIND OF WEATHER, THESE TRUCKS COME IN AND THEY COME AND THEY GO OUT. UM, IF THEY HAVE TO BE MAINTAINED OR IF THEY HAVE TO BE REGRADED. AND, AND, AND YOU, YOU KNOW, DT DPW DOES THIS ALL THE TIME ON DIRT ROADS. THEY HAVE TO SCRAPE A LITTLE BIT AND THEY ADD A LITTLE BIT OF MATERIAL AND THEY PACK IT DOWN AGAIN. AND, UH, IT'S, IT'S MORE MANAGEABLE. HAVING AN ASPHALT SURFACE ON THAT DOES IS, IS JUST NOT NECESSARY. CREATES A LITTLE BIT OF A SAFETY ISSUE AS WELL, BECAUSE NOW YOU HAVE, YOU KNOW, A HARD, UM, ASPHALT SURFACE, UM, THAT, THAT, UM, NOW YOU HAVE MATERIAL ON THE OUTSIDE EDGE OF THE ASPHALT MATERIAL, AND THAT'S A LITTLE BIT SOFTER THAN THE EDGE OF THE ASPHALT. AND WHEN YOU'RE MANEUVERING TRUCKS AROUND, NOW THEY HAVE TO MANEUVER AROUND SOME PAVEMENT THAT NOW GOES INTO A SOFT SHOULDER, AND THAT CREATES SOME ISSUES. PETER, I MADE A COMMENT THAT I LEARNED EITHER FROM YOU OR FROM FAIL, THAT THE TYPICAL FIRE ENGINES IN THE ELMSFORD FIRE DEPARTMENT WEIGH LESS THAN THE TRUCKS WITH ROCK. IS THAT, IS THAT AN ACCURATE STATEMENT? YEAH, ABSOLUTELY. I YOU'RE, YOU'RE, WE'RE, WE'RE, WE ARE CERTIFYING THAT THIS ROAD WILL MEET 75,000 POUNDS AND WE, WE WILL PUT, WE PUT OUR STAMP ON IT. UM, WE HAVE A GEOTECH, UH, GENTLEMAN THAT'S IN THE WINGS WAITING, UM, TO TALK ABOUT THE FACT THAT THROUGH HIS EXPERIENCE, THEY, THEY DID A, A, AN ANALYSIS, ADVANCED TESTING CAME IN. UM, AND, AND AGAIN, UH, WE BELIEVE IN STANDBY THE FACT THAT, YOU KNOW, YOU'RE GONNA HAVE, UH, THE ABILITY TO MEET 75,000 POUNDS. UM, WE JUST BUILT LONG DRIVEWAYS, UH, IN, IN SARATOGA COUNTY, UM, THREE, YOU KNOW, ALMOST HALF A MILE DRIVEWAYS, AND MET THE REQUIREMENT FOR 75,000 POUNDS WITH TURNING RADIUSES. AND, UM, AND, UH, [01:40:01] NO ISSUE WITH THE FIRE DEPARTMENT IN THOSE LOCATIONS, COMMERCIAL OPERATION OR, UM, THESE WERE HAPPEN TO BE RESIDENTIAL, BUT THEY'RE IN, UM, AND ALSO COMMERCIAL APPLICATIONS, BECAUSE IT'S BEEN, BECAUSE THE ROADS ARE, ARE, ARE EVERY DAY BEING RUN OVER BY, UH, TRUCKS THAT ARE WEIGHING HEAVIER THAN 75,000 POUNDS. THEY'RE COMPA, THEY COMPACT. UH, IT, IT, IT'S NOT, THE ASPHALT IS NOT NECESSARY. IF YOU GO BACK TO, YOU MENTIONED PAUL ADELE MIGHT BE ON, AND I, AND MAYBE YOU CAN SPEAK TO IT, THE SECONDARY CONTAINMENT. I TALKED ABOUT THE SECONDARY CONTAINMENT. AND DURING THIS PROCESS, YOU ALL LEARNED THAT THERE WAS SECONDARY CONTAINMENT THAT WAS UNDERNEATH THE DIRT THERE. WELL, CAN YOU SPEAK TO THAT AND, AND, AND THE FUEL, THE FUEL CONTAINER? YEAH. UM, SO, UM, WITH THE SPILL PREVENTION, UH, FIRST OF ALL, DEC, EVERYTHING THAT WE, WE HAVE, WE HAVE, UM, WE HAVE DOUBLE, DOUBLE LINE TANKS. WE HAVE SECONDARY CONTAINMENT UNDER ALL OUR BULK PETROLEUM PRODUCT. UM, EVERYTHING IS, FOR THE MOST PART COVERED. UM, WE HAVE FUELING AREAS. UH, WE DO HAVE AN ASPHALT PAD THAT IS IN FRONT OF ALL OUR FUELING AREAS. UM, THE, THE, AND PAUL CAN SPEAK TO THIS IF WE NEED TO. UH, THE, THE, THE BIGGEST POINT OF CONTACT IS WHEN YOU'RE FUELING AND, AND REFUELING. UM, WE HAVE SPILL DRIP PADS THAT ARE, UH, CURRENTLY UNDERNEATH OUR, OUR GAS PUMPS, UH, THAT IF THERE'S ANY DRIPPING OF, OF, UH, GAS OR PETROLEUM IN THE FUELING AND REFUELING, UH, THEY SPILL ON THE DRIP PADS. WE HAVE A CONTRACTOR THAT HAULS OFF USED OIL. THAT'S PART OF THE, THAT'S PART OF THE BUSINESS OF, UH, OF SPILL OF, UH, SPILL PREVENTION. UM, WE USE OIL ALL THE TIME. OIL GETS BROUGHT IN, OIL COMES OUT. WE HAVE CONTRACTORS THAT COME IN AND TAKE THE USED OIL. UM, IF THERE HAPPENS TO BE ANY DRIPS ON THOSE DRIP PADS, THEY GET REMOVED BY CONTRACT, BY THE USED OIL COMPANY, AND THEY'RE DISPOSED OF PROPERLY. PETER, ARE YOU ABLE TO, TO SPEAK TO THE TOPIC THAT I RAISED ABOUT, UM, ASPHALT RECYCLING, AND IF I SAID TO YOU, YOU CAN ONLY DO ASPHALT RECYCLING FROM EXCAVATIONS ONLY, WHAT, WHY IS THAT SIGNIFICANT TO YOU AND TO FAIL? YEAH, I MEAN, THE, THE WRAP PROGRAM IN, IN NEW YORK STATE HAS, HAS BEEN AROUND FOR YEARS. WHAT, WHAT IS THAT? UM, IT'S THE RECYCLED ASPHALT PAVEMENT PROGRAM. IT IS, IT HAS SAVED MILLIONS AND MILLIONS AND MILLIONS OF CUBIC YARDS AND TONS OF MATERIAL FROM GOING INTO LANDFILLS. UM, YOU SEE IT EVERY SINGLE DAY ON DOT PROJECTS WHERE, UM, MILLINGS, UH, GET RECYCLED AND PUT BACK INTO THE SAME PROJECT INSTEAD OF BEING DEMOLISHED AND GOING INTO LANDFILLS. UM, THIS HAS BEEN A SUCCESSFUL PROGRAM THROUGHOUT NEW YORK STATE FOR I DON'T KNOW HOW MANY YEARS, UM, LONGER THAN ME. UM, BUT, UH, UH, IT, IT'S VITAL FOR THIS FACILITY. I MEAN, IT'S PART OF, IT'S PART OF THE PACKAGE, ROCK, ASPHALT, CONCRETE, UH, AND SOMETIMES A LITTLE BIT OF BRICK, BUT THEY DON'T TAKE BRICK. SO IT IS A VITAL PART OF THEIR BUSINESS TO INCLUDE ASPHALT IN THIS PROGRAM. AND IT IS, UH, ACCEPTED AND IT'S ACCEPTED COMMODITY, UM, BY DEC. IT'S, IT'S HIGHLY REG, IT'S HIGHLY REGULATED. UM, BUT IT, IT IS, IT IS A, A NECESSARY PIECE OF, OF THE RECYCLING PROGRAM. DOES ALL THE, DOES ALL OF THE ASPHALT COME IN IN LARGE CHUNKS, OR DO YOU GET THESE MILLIONS OR SCRAPING? IT'S A, IT'S A MIX. THERE'S MIXED LOADS. UM, YOU KNOW, THE KEY IS TO TRY AND MAKE IT IDENTIFIABLE AS MUCH AS YOU POSSIBLY CAN WHEN THEY COME IN. BUT THERE'S CHUNKS, THERE'S, UM, AND THESE, THESE, THESE FOLKS DO A GREAT JOB OF PROCESSING. IN FACT, UM, THEIR PROCESSING IS HERALDED BY WESTCHESTER COUNTY, UM, BECAUSE THEY KNOW HOW TO SORT, THEY DON'T TAKE IN MATERIAL. THEY, THEY RECOGNIZE WHEN IT'S COMING IN, THEY CAN IDENTIFY IT, THEY PUT IT WHERE IT NEEDS TO GO. AND, UM, THEY, THEY ARE, UH, UM, IT'S A, AGAIN, IT'S A HIGHLY REGULATED INDUSTRY AND THEY DO A REALLY NICE JOB WITH THE PROCESS. GOING BACK ONE SECOND. 'CAUSE, UM, GLEN PANA WANTED US TO CLARIFY, UH, THE, THE HEAVIEST TRUCKS THAT WE HAVE. IS THAT, IS THAT, IS THAT ACCURATE? 120,000 POUNDS? UM, YEAH, I WOULD SAY, UM, WHATEVER, WHATEVER THE, WHATEVER THE ROAD LIMIT IS. YEAH, A HUNDRED. WE LOAD 120,000 COUNTER TRUCKS. THE TRAILERS LEAVE THERE. CAN YOU REPEAT IT IN THE MICROPHONE? SORRY. PEOPLE WON'T BE ABLE TO HEAR YOU. I'M SORRY. GLEN PANA, WE LOAD THE TRUCKS THAT WE LOAD THERE GET LOADED TO 120,000 POUNDS, THE TRAILERS, SO THE SITE HAS THE STABILITY TO CARRY THE LOAD. AND WHEN YOU REPEAT THAT EVERY SINGLE DAY, UM, FOR 25 YEARS, THAT ROADWAY'S PRETTY SOLID. AND IT'S, AND IT'S NOT GOING ANYWHERE. A FIRETRUCK WILL ABSOLUTELY HAVE ACCESS COMPLETELY ALL THE WAY AROUND ON THIS. PETER, YOU'VE SPENT A LOT OF TIME OVER THE LAST 10 MONTHS WORKING WITH US ON THIS SITE PLAN APPLICATION. DO YOU BELIEVE YOU HAVE SUBMITTED AN APPROVABLE [01:45:01] APPROPRIATE PROFESSIONAL SITE PLAN? YEAH, WE FEEL COMFORT. WE FEEL VERY COMFORTABLE THAT WE, UH, WHEN, WHEN WE WERE WORKING WITH THE SPECIAL USE, UH, PERMIT FOLKS AND PSNS, WE THOUGHT WE HAD AN APPROVABLE PLAN BACK THEN. UM, WORKING WITH THEM, THEY HAD NO CONCERNS. UM, THERE WERE, WE KNEW ON THE SITE PLAN SIDE THAT, AND FROM THE TOWN THAT THERE WERE GONNA BE SOME ISSUES, BUT, UM, WE FELT IT WAS APPROVAL BACK IN MARCH OF 2025. UM, HOWEVER, I THINK WITH THE IMPROVEMENTS THAT WE'VE MADE ON SITE, AND I RECOGNIZE THE FIRE SAFETY ISSUE, THAT'S A BIG ISSUE WITHOUT A DOUBT. UM, WE HAD A, AN EMERGENCY RESPONSE AND ACCESS PLAN, UH, IN PLACE WITH THE OLD ROAD TO, TO, UM, GIVE SOME DIRECTION, UM, TO THE FIRST RESPONDERS THAT ARE COMING TO THE SITE IN THE EVENT OF AN EMERGENCY TO COME OUT AND DO MOCK, UH, MOCK, UM, EMERGENCY RESPONSES, UH, TO COORDINATE WITH STAFF ON HOW TO REMOVE A, A PERSON WHO MIGHT BE INJURED OR, UM, SOMEONE WHO, UH, UM, GETS HURT ON THE JOB AND HAS TO, YOU KNOW, FIRE, UH, UH, AN AMBULANCE HAS TO COME IN OR A FIRETRUCK IF THERE'S, IS NECESSARY. I MEAN, THAT'S BEEN ON THE TABLE FOR MONTHS AND MONTHS NOW THAT WORK WITH A FIRE DEPARTMENT, COME IN AS FIRST RESPONDERS AND LET'S DO A, A MOCK, UH, EXERCISE TO JUST DETERMINE HOW TO, HOW TO, UH, FIGHT ANYTHING THAT MIGHT HAPPEN, UM, AS A WORSE WORST CASE SCENARIO ON THE SITE. AND I, I FEEL THAT WE'VE DONE OUR PART HERE, UH, WITHOUT A DOUBT. PETER, I KNOW, UM, YOU SPENT PROBABLY THE BETTER PART OF A YEAR WORKING CLOSELY WITH PSNS BEFORE THE SPECIAL USE PERMIT WAS ISSUED. MM-HMM . IN THE LAST SIX MONTHS, AS WE'VE BEEN GOING BACK AND FORTH WITH THE STAFF IN CONNECTION WITH THE SITE PLAN, HAVE YOU HAD THE OPPORTUNITY TO MEET WITH PSNS? NO, UNFORTUNATELY NOT. UM, I THINK THEY SHOULD BE BROUGHT BACK TO THE TABLE BECAUSE WE, WE MADE GOOD HEADWAY. IT WAS, IT WAS KIND OF TECHNICAL TO TECHNICAL AND, UM, AND, AND AGAIN, THESE FOLKS HERE ARE, ARE TECHNICAL. UM, I THINK WHEN IT COMES TO THIS INDUSTRY AND, AND THE, UM, JUST THE NUANCES OF THE OPERATION ITSELF, IT'S NOT A PRETTY OPERATION. IT WAS NEVER MEANT TO BE. UM, SO WHAT, WHAT YOU SEE IS WHAT YOU GET. AND IT IS HUGELY, UM, AN ENVIRONMENTAL, UM, IT'S AN ENVIRONMENTAL NECESSITY FOR THE WHOLE, FOR ALL OF WESTCHESTER COUNTY AND ALL OF NEW YORK STATE. IT'S A VITAL PROGRAM BECAUSE IT KEEPS CONSTRUCTION DEBRIS AND RECYCLING MATERIALS BACK INTO PROJECTS AND NOT INTO LANDFILLS. AND, UM, YOU KNOW, OTHER FACILITIES THAT, THAT, THAT TAKE MATERIAL. I MEAN, THESE GUYS HAVE A GREAT REPUTATION. THEY KNOW THE BUSINESS. UH, THEY KNOW THEIR CLIENTS. AND, UH, FROM MY EXPERIENCE, I WOULDN'T BE UP HERE IF I DIDN'T, IF I DIDN'T FEEL STRONGLY ABOUT, UM, WHAT A GOOD JOB FAIL DOES. WE REPRESENT THEM IN OTHER LOCATIONS AS WELL. AND, UM, IT, IT'S A GREAT, IT'S A WELL RUN ORGANIZATION. WE ARE HAPPY TO TAKE QUESTIONS. I I, I WANNA MAKE SURE THAT IF THERE'S SOMETHING WE'VE COVERED THAT'S UNCLEAR OR YOU WANT TO ASK FURTHER QUESTIONS, WE WANT YOU TO UNDERSTAND THE SITE PLAN. WE WANT YOU TO UNDERSTAND THE OPERATION. AND AS I SAID AT THE OUTSET, AND I MEANT IT, I WISH I WASN'T HERE TAKING YOU INTO THE WEEDS OF THE DETAILS OF THIS RECYCLING AND ROCK AGGREGATE VIRTUAL QUARRY. UM, UN UNFORTUNATELY, I HAVE NO CHOICE 'CAUSE I NEED TO KEEP THIS CLIENT IN BUSINESS. I THINK WE ALL, I THINK YOU ALL NEED TO KEEP THIS CLIENT IN BUSINESS. AND NONE OF US WANT IT TO BE UNSAFE. NONE OF US WANT IT TO BE UNSAFE. NONE OF US WANT IT TO BE UNSIGHTLY. UH, AS, AS PETER HAS SAID, WE HAVE MADE THROUGH YOUR EFFORTS AND, AND STAFF'S EFFORTS, UM, WE'VE MADE A LOT OF REALLY GOOD IMPROVEMENTS. THE QUESTION IS, WE NEED TO GET PAST THE CURRENT IMPASSE. UH, I KNOW WHERE WE HAVE SOME IMPASSE ON SOME ISSUES. I DON'T PROFESS TO BE AN EXPERT IN MINING RECYCLING. UM, AND, AND SOME OF THE ISSUES WE'RE DEALING WITH, UM, I WAS SO PLEASED AND EXPLAINED TO MY CLIENT TWO YEARS AGO WHY THEIR CHECKBOOK NEEDED TO BE OPENED AND THEY NEEDED TO PAY FOR THE TOWN TO HAVE EXPERTS ADVISING. 'CAUSE THIS IS NOT, THIS IS NOT A, WE'RE NOT BUILDING MORE TOWNHOUSES HERE. WE'RE NOT BUILDING A BUNCH OF SINGLE FAMILY HOUSES HERE. THIS IS NOT A BUTLER BUILDING METAL BUILDING HERE. THIS IS A UNIQUE LAND USE. WE GOT IT. I KNOW THAT, I'VE LEARNED THAT THOSE OF YOU WHO HAVE COME OUT TO THE SITE KNOW THIS IS NOT YOUR TYPICAL LAND USE IN THE TOWN OF GREENBURG. HAVING SAID THAT, THAT'S WHY HAVING A LITTLE BIT OF EXTRA HELP MAY BE USEFUL HERE, ADMITTEDLY, AND, YOU KNOW, THIS IS MY POSITION. WE THINK MY CLIENT THINKS WE HAVE BEEN ASKED TO DO SOME THINGS THAT ARE NOT APPROPRIATE THAT, THAT DIDN'T NEED TO BE ASKED. WE DON'T NEED TO BE GOING AROUND IN CIRCLES. I, I, I, FOR ONE, WHILE I APPRECIATE ALL THE EFFORT THAT JOE GARRETT, LIZ, AND OTHERS HAVE PUT IN, I JUST DON'T WANNA READ MORE OF THEIR MEMOS AND TURN [01:50:01] TO MY GUYS AND SAY, YOU GOTTA CRANK OUT MORE MEMOS. I HOPE THAT STAFF HAS OTHER THINGS THAT THEY REALLY SHOULD BE DOING. BECAUSE WITH ALL DUE RESPECT FOR 25 YEARS, AND SOME OF YOU HAVE BEEN ON THIS BOARD FOR 25 YEARS, NOBODY WAS TRYING TO SHUT THIS PLACE DOWN OR COMPLAINING ABOUT IT. SO, UM, WHETHER OR NOT YOUR STAFF FOR MANY YEARS SHOULD HAVE CRACKED THE WHIP AND SAID, YOU NEED TO FILL OUT BUILDING PERMIT APPLICATIONS AND YOU NEED TO COME IN WITH SOME NEW SUBMISSION. MAYBE. SO I, I, YOU KNOW, I, BUT I DON'T WANNA SIT HERE AND QUAL ABOUT THE LAST 25 YEARS. I WANT TO KEEP THEM IN BUSINESS. I WANNA MAKE SURE IT'S SAFE. AND I WANNA GET OUT OF THIS. I WANNA GET OFF YOUR AGENDA. IF I MAY. I JUST WANNA RESPOND BACK TO A COUPLE OF THINGS. I THINK WE CAN SATISFY SOME OF THE, THE COMMENTS THAT WERE MADE BY THE APPLICANT. UM, THE FIRST THING I WOULD LIKE TO EXPRESS TO THE BOARD AND TO EVERYONE HERE, WE DON'T NEED AN EXPERT IN MINING TO UNDERSTAND THIS APPLICATION. THIS APPLICATION IS VERY STRAIGHTFORWARD. UM, THE CONDITIONS THAT WERE MENTIONED WITH THE PILES, UM, IF YOU LOOK AT THE MEMO THAT I WROTE, AND I KNOW YOU DON'T WANT TO READ THEM, BUT, UM, THAT WAS JANUARY 5TH. I DID ADDRESS THE GRAVITY BLOCKS. THAT GRAVITY BLOCKS ARE ON THE INTERIOR OPERATIONS SIDE OF FAIL. THAT'S NOT WHAT WE'RE TALKING ABOUT HERE. WE'RE TALKING ABOUT THE JERSEY BARRIERS THAT ARE ALONG SOUTH WAREHOUSE LANE, NOT THE GRAVITY BLOCK WALLS THAT ARE ON THE INTERIOR. THE ONLY TIME THAT THOSE GRAVITY BLOCKS WILL COME INTO PLAY WITH THE BUILDING DEPARTMENT IS IF THEY EXCEED THE THRESHOLD OF HEIGHT UNDER THE TOWN'S CODE. THOSE REQUIRE BUILDING PERMITS WITH THE DRAWING AND GRAVITY BLOCKS. I AGREE. THEY DON'T NEED TO BE ANCHORED AND PINNED. WE'RE TALKING ABOUT THE JERSEY BARRIERS THAT FLANK SOUTH WAREHOUSE LANE. SURE. UM, YEAH, I MEAN WE'VE, WE'VE, BECAUSE WE HAVE HAD SUCH A TIGHT SIGHT IN IN THE PAST, THOSE JERSEY BARRIERS, UM, ARE ALONG SOUTH WAREHOUSE LANE HAVE NEVER BEEN AN ISSUE. BUT THEY, THEY DO HAVE ROCK THAT'S UP AGAINST THEM. THEY'RE NOT HOLDING BACK, UM, MATERIAL BY ANY MEANS. UH, UM, THEY'RE, THEY'RE ABOUT AS HIGH AS THE JERSEY BARRIER AND THEY'RE COMPACTED STRAIGHT DOWN. UM, THEY WERE, THEY WERE ALIGNED. WE, WE INTEND TO REMOVE ALL OF THAT, JUST SO YOU KNOW. COR, THAT THAT'S, THAT'S RIGHT. SO THAT'S JUST A POINT THAT, YEAH. SO I THINK THAT IS NOT EVEN AN ISSUE HERE. RIGHT. WE WILL, WE WILL ABSOLUTELY REMOVE THAT, THAT GRAVEL THAT'S BEHIND THE, I MEAN, AS THEY WERE MAKING THE 10 FOOT, UH, LET ME, LET ME TALK INSPECTION LANE. SO LIZ, THIS IS WHY I WOULD VALUE THE OPPORTUNITY TO, BUT THIS WAS IT. LEMME FINISH MY SENTENCE. THIS IS WHY I VALUE THE OPPORTUNITY TO SIT DOWN IN A ROOM WITH YOU AND TRY TO, BECAUSE NO PROBLEM PINNING IF THO IF IF WE'RE TALKING ABOUT JUST THE, THE JERSEY BARRIERS ON WAREHOUSE LANE, NOT AN ISSUE. THEY'LL GET PINNED. GLENLEA GET PINNED. YEAH, THAT'S NOT A PROBLEM. THAT'S, SO THEY'RE, THEY'RE NOT TO HOLD BACK MATERIAL. SO THOSE JERSEY BARRIERS, ACCORDING TO THE ZBA CONDITIONS, WHICH MUST BE SHOWN ON THIS SITE PLAN, HAVE THE JERSEY WAREHOUSE, LANE JERSEY BARRIER, UH, FENCE, THE SAFETY INSPECTION PERIMETER OF 10 FEET WITH NO MATERIALS IN IT. AND THEN THE GRAVITY BLOCKS, RIGHT NOW IT'S WAREHOUSE LANE JERSEY BARRIER GRAVEL MATERIALS THAT ARE UP TO THE TOP OF THE JERSEY BARRIERS. SO WHAT PETER IS, AND I THINK I UNDERSTAND EACH OTHER, THAT THE, THOSE MATERIALS ARE COMING OUT. THE JERSEY BARRIER WILL HAVE AT BEHIND IT THE REQUIRED SAFETY INSPECTION PERIMETER. YEP. AND THEN THE GRAVITY BLOCKS, WE ARE, WE ARE GOING TO ADHERE TO THE DRAWING THAT WE, WE HAVE THAT, THAT JANNUS AND, AND CLA SITE PUT TOGETHER, UM, DURING THE SPECIAL USE PERMIT. THIS HAS BEEN IN PLACE SINCE THEN. AND THAT'S WHAT WE'RE TRYING TO GET TO IS THAT DETAIL ON OUR SITE PLAN. THAT'S ON OUR SITE PLAN. SO WHY, WHY ARE WE EVEN TALKING ABOUT THAT'S, THAT'S THE QUESTION I HAVE BECAUSE THIS WAS WRITTEN IN THE MEMO THAT WAS OVER A MONTH AGO. WE, WE, SO THIS, THIS ISSUE IS, AND THAT'S WHY WE DON'T UNDERSTAND THIS BEING BROUGHT UP. I GUESS THERE WAS A MISCOMMUNICATION ON DOCUMENT EXCUSE, EXCUSE ME. ONE PERSON SPEAKS, OH, I'M SORRY. THE OTHER PERSON COMPLETES THEIR APOLOGIES. BARBARA PERSON SPEAKS APOLOGIES. WE HAVE A RECORD. UM, WITH REGARDS TO P, S AND S, THAT COMPANY KEEPS BEING BROUGHT UP. THE CONSULTANT KEEPS BEING BROUGHT UP THE ZBA ENGAGED PSNS COMMUNITY DEVELOPMENT AT THE REQUEST OF THE ZONING BOARD ENGAGED PSNS TO REVIEW CASE 2321 MATERIALS WRITTEN RECOMMENDATIONS, CONDUCT SITE VISITS, AND APPEAR AT ZBA MEETINGS. PSNS WAS RETAINED BY AND REPORTED SOLELY TO THE ZONING BOARD OF APPEALS. THEY ARE NOT THE TOWN'S CONSULTANTS. DALE IS NOW USING PLANS ACTUALLY THAT HAVE BEEN SUBMITTED BY PSNS. THE SUBDIVISION PLANS THAT ARE IN YOUR RECORDS HAVE BEEN PREPARED BY PSNS TOWN STAFF HAS THE ABILITY AND HAS PROVIDED WRITTEN MEMORANDUM [01:55:01] TO YOU, TO THE BOARD THAT ADDRESSES ALL OF THE COMMENTS THAT NEED TO BE IMPLEMENTED IN THE SITE PLAN FOR IT TO BE PERFECTED BEFORE THIS BOARD. CURRENTLY THAT HASN'T HAPPENED. HAVING A CONSULTING COME IN IS NOT GOING TO CHANGE THAT. SO THE, THE ARGUMENT THAT WE'RE HAVING HERE WITH THE, THE SITE ACCESS ROAD, IT IS NOT NEGOTIABLE. CONCRETE OR ASPHALT IS A FIRE CODE REQUIREMENT THAT THE AUTHORITY HAVING JURISDICTION, THE ELMSFORD FIRE DEPARTMENT HAS SAID THEY CANNOT, THEY WILL NOT ACCESS THIS PROPERTY IF IT'S NOT PAVED. THEIR FIRE TRUCKS ARE NOT GOING TO BE PUT THERE. A FIRETRUCK IS NOT THE SAME AS A COMMERCIAL VEHICLE. WE CAN ALL AGREE UPON THAT IT'S A MILLION DOLLAR PIECE OF EQUIPMENT THAT THEY, YOU ARE ASKING THEM TO GO INTO COMPACTED SOIL. WE ARE NOT DISAGREEING WITH THE GEOTECHNICALS CONSULTANT THAT THE BEARING CAPACITY OF THE MATERIALS IS INSUFFICIENT. WE ARE OBJECTING TO THE ALL WEATHER SURFACE MATERIAL. THERE'S A DISTINCTION HERE. THE BUILDING INSPECTOR HAS, IS NOT WAIVING THAT REQUIREMENT. IT CAN'T BE WAIVED. THE ELMSFORD FIRE DEPARTMENT HAS TOLD US THEY WILL NOT GO ONTO THAT SITE UNLESS IT'S PAVED EITHER BY CONCRETE OR ASPHALT END OF STORY. SO LOOK, MR. SUPERVISOR MEMBERS OF THE TOWN BOARD, I HAVE, I HAVE GENUINELY TREMENDOUS RESPECT FOR LIZ. I I REALLY DO. I HAVE TO WORK WITH HER ON A LOT OF THINGS AND I REALLY DO ON THIS. I HAVE TO PUBLICLY AND I DON'T WANT TO, BUT I HAVE TO PUBLICLY DISAGREE ON A COUPLE OF THINGS. ONE, I WANT TO TAKE A STEP BACK 'CAUSE I'M SORT OF ANNOYED AND SORT OF PUZZLED ABOUT THE COMMENT THAT PS AND S IS THE ZBA A'S CONSULTANT, NOT THE TOWNS. WELL I THINK WE WERE, I THINK IF YOU LOOK AT THE ESCROW UH, ARRANGEMENT, WE WERE PAYING THE TOWN TO PAY PSNS. SO I THINK THE TOWN WAS INVOLVED. SECONDLY, AND AGAIN, NO DISRESPECT TO MR. CAPLA. MR. CAPLA STOOD AT THIS MICROPHONE IN FRONT OF THE ZONING BOARD AND IF NOBODY BELIEVES ME, I HOPE MY CLIENTS ALL REMEMBER THE, THE MOMENT. 'CAUSE YOU WILL, I'LL FIND THE TRANSCRIPT. JASON WAS GETTING ASKED A LOT OF QUESTIONS BY THE ZONING BOARD AND HE SAID, AND LIZ, I THINK YOU WERE KIND OF STANDING NEXT TO HIM AT THE TIME. LOOK, I'M NOT AN EXPERT IN MINING IN SOME OF THESE THINGS. AM I CORRECT ABOUT THAT? THERE WAS A NIGHT WHERE HE SPECIFICALLY SAID, YOU ARE ASKING ME THINGS I CAN'T ANSWER. WHICH IS ONE OF THE REASONS WHY THE ZONING BOARD OF APPEALS BROUGHT IN PSNS. IT WAS, JOE, YOU MIGHT HAVE STILL BEEN INVOLVED. I KNOW YOU KIND OF LEFT US FOR A WHILE. I'D LIKE TO APPLY TO THAT. WHAT'S THAT? I'D JUST LIKE TO REPLY TO THAT. THAT UNFORTUNATELY TOWN ENGINEER JASON CAP COULD NOT BE HERE TONIGHT BECAUSE OF A PERSONAL UNDERSTOOD MATTER. YEP. BUT I THINK ALSO DEPUTY UM, BUILDING INSPECTOR GARRITY ALREADY SAID WE DON'T REALLY NEED A MINING EXPERT FOR THIS. THE SITE PLAN. SITE PLAN. SO, SO ONE OF THE REASONS THAT WE DON'T COMPLETELY AGREE WITH THAT, AND AGAIN LIZ, NO DISRESPECT TO YOU AND FRANK ON THIS. I, I, MY UNDERSTANDING FROM MY CLIENT TEAM IS THAT THERE ARE SOME ISSUES HERE THAT THE BUILDING DEPARTMENT MAY BE MISINTERPRETING AND THE ELMSFORD FIRE DEPARTMENT MAY BE MISINTERPRETING SOME NEW YORK STATE BUILDING CODE AND MAY AND, AND YOU ARE ALL EFFECTIVELY BEING ASKED TO REFEREE THAT WE'RE NOT IN THE TOWN OF BEDFORD. RIGHT. GO TO THE TOWN OF BEDFORD. THREE QUARTERS OF THE TOWN OF BEDFORD DOESN'T HAVE ASPHALT ROADS AND THEY HAVE LOTS OF BUILDINGS AND THEY HAVE FIRES AND THEY HAVE FIRE TRUCKS AND THEY HAVE SNOW AND RAIN AND MUD AND FIRE TRUCKS CAN NEGOTIATE THOSE ROADS. SO WHAT DO I KNOW? I'M JUST A LAND USE LAWYER AND I'M PAID PROFESSIONAL ADVOCATE. BUT FROM A PRACTICAL STANDPOINT, I HAVE BEEN TOLD BY PEOPLE WHO KNOW MORE THAN I DO THAT THE ELMSFORD FIRE TRUCKS CAN GET IN AND OUTTA THAT SITE. THAT'S ALL I KNOW. AND, AND IF THAT'S NOT GOOD ENOUGH, THEN LET'S PUT ON THE STRUCTURAL ENGINEER TO TALK ABOUT THE DIRT IS NOT GONNA DISAPPEAR. WE'VE HAD, WE'VE ALREADY HAD PETER EXPLAIN THE ASPHALT IS SORT OF MORE MALLEABLE. SO I'M NOT QUITE SURE WHY GREENBERG AND, AND I DON'T KNOW WHETHER THE BUILDING DEPARTMENT REALLY HAS THE AUTHORITY TO SAY THIS SITE HAS TO HAVE ASPHALT. THERE ARE PLACES IN YOUR TOWN, GOD FORBID IF THERE ARE FIRES, BUT THEY DON'T HAVE ASPHALT AND YOUR FIRE TRUCKS WILL GET THERE. SO THIS IS LIKE THIS SILLY ISSUE. AND AGAIN, I DON'T WANNA ARGUE WITH YOU ABOUT THIS, BUT THAT, THAT'S MY UNDERSTANDING IS THAT MY, MY TEAM IS SAYING WE HAVE NOT HAD ASPHALT. IT WAS NEVER AN ISSUE FOR THREE PRIOR BUILDING DEPARTMENTS. SOMETHING'S COME UP MOST RECENTLY, NOT SURE WHY, BUT NEVER IN 25 YEARS DID ANY OF YOU ON THE TOWN BOARD, ON THE PLANNING BOARD IN THE BUILDING DEPARTMENT, IN THE ENGINEERING DEPARTMENT VIOLATE THEM? 'CAUSE THEY DIDN'T HAVE AN ASPHALT TRAVEL WAY. SO AGAIN, MAYBE SOMETHING NEW HAS HAPPENED BUT I I I NO ONE'S BEEN ABLE TO SHOW ME SOMETHING THAT'S ABSOLUTELY DISPOSITIVE. IN FACT, AND, AND I'M GLAD I'M REMEMBERING THIS, LIZ. I'M SURE YOU DO. WE KEPT GETTING COMMUNICATIONS FROM ELMSFORD THAT IT HAD TO BE ASPHALT. THEN ALL OF A SUDDEN WE GOT A COMMUNICATION [02:00:01] FROM ELMSFORD. IT DIDN'T HAVE TO BE ASPHALT. AND THEN WE GOT A COMMUNICATION THAT IT DID HAVE TO BE ASPHALT IT. I WANNA INTERRUPT YOU RIGHT THERE. GO AHEAD. IT, THE MEMORANDUM THAT WAS FROM THE ELMSFORD FIRE DEPARTMENT DIDN'T SAY IT DIDN'T NEED TO BE ASPHALT, IT JUST WAS ABSENT FROM THE MEMO. SO LET'S CORRECT THAT RECORD. THE SECOND MEMO SPECIFIED ASPHALT OR CONCRETE AND I WILL READ YOU THE SECTION OF STATE CODE THAT OBLIGATES THE BUILDING INSPECTOR OR THE AUTHORITY HAVING JURISDICTION TO APPROVE, MOVE ANY ALTERNATE SURFACE, WHICH IS WHAT WAS BEING PROPOSED HERE. SO THE CODE REQUIRES AN ALL WEATHER SURFACE. AND THIS IS SOMETHING THAT NEW YORK STATE FIRE CODE, UH, IS STATES FACILITIES, BUILDINGS, AND PORTION OF BUILDINGS HEREAFTER CONSTRUCTED, AND WE'LL GO BACK TO THAT SHALL BE ACCESSIBLE TO THE FIRE DEPARTMENT APPARATUS BY WAY OF AN APPROVED FIRE APP APPARATUS ACCESS ROAD APPROVED. AND THE EMPHASIS IS ADDED THERE MEANS THAT THE AUTHORITY HAVING JURISDICTION ALLOWS IT. SO IF AN ALTERNATE SURFACE, AND IT SAYS RIGHT HERE IN THE STATE CODE, AN APPROVED FIRE APPARATUS ACCESS ROAD WITH ASPHALT CONCRETE OR AN APPROVED DRIVING SURFACE CAPABLE OF SUPPORTING IMPOSED LOWS, WE ARE NOT ARGUING THE IMPOSED LOWS. WHAT WE ARE SAYING IS, AND THE BUILDING INSPECTOR HAS ALREADY OPINED SIX TIMES COMPACTED FILL, COMPACTED MATERIALS. GRAVEL, DIRT IS NOT AN ACCEPTABLE FIRE APPARATUS ROAD. THE FIRE DEPARTMENT CONCURS WITH THAT. THE FIRE DEPARTMENT REQUESTED THAT. SO THE BOTTOM LINE IS THE FIRE DEPARTMENT, THE BUILDING INSPECTOR, WE ARE NOT GOING TO APPROVE COMPACTED FILL AS AN ALL-WEATHER SURFACE. IF YOU COME UP WITH ANOTHER ALTERNATE CONCRETE ASPHALT, A SOLID SURFACE WILL TAKE THAT INTO CONSIDERATION. BUT COMPACTED FILL AS IT STANDS, WILL NOT BE APPROVED. LIZ, THANK YOU SO MUCH. CAN YOU JUST READ THE, THE SECOND HAND, THE ENDING OF THAT? SO I HAVE THE, THE WORDS 'CAUSE I DON'T HAVE THEM IN FRONT OF ME. IT'S SURE. I'LL READ YOU THE AS ASPHALT CONCRETE AND THE DISJUNCTIVE OR OR OTHER APPROVED DRIVING SURFACE STOP RIGHT THERE. SO IF I, WHAT I THINK MY CLIENT IS ASKING THE TOWN BOARD IS, IF THE TOWN BOARD WOULD CONSIDER ASKING THE BUILDING DEPARTMENT WHY THE BUILDING DEPARTMENT WON'T CONSIDER WHAT WAS THERE FOR 25 YEARS IS AN ACCEPTABLE AND CAN BE APPROVED. THAT, THAT I THINK THAT'S, THAT'S THE REFEREE ISSUE. CAN CAN I JUST ASK AFTER THAT, LIZ, IIII WILL GIVE YOU THE, THE REASON BECAUSE IT'S IN THE MEMOS AS WELL. COMPACTED FILL SURFACE ARE SUBJECT TO RUTTING DISPLACEMENT, EROSION AND UNEVEN SETTLEMENT, PARTICULARLY UNDER REPEATED HEAVY LOADS SUCH AS TRUCKS OF 120,000 POUNDS AND DURING WET OR FREEZE LAW CONDITIONS. AND THEREFORE DO NOT PROVIDE THE LEVEL OF RELIABILITY REQUIRED FOR EMERGENCY RESPONSE ACCESS. YOU HAVE A RESPOND? YEAH, I LOOK, I I I HAVE TO DEFER TO THE EXPERTS ON THAT. YEAH. AG AGAIN, I MEAN EVERY, EVERY DIRT ROAD THAT'S IN WESTCHESTER COUNTY IS, IS ACCESSIBLE ALL WEATHER. I MEAN, WE HAVE ACCESS ROADS, HAUL ROADS ON INDUSTRIAL SECTOR SITES AND FACILITIES THROUGHOUT NEW YORK STATE. THAT DOES NOT, IT, IT IT'S COMPACTED MATERIAL. IT'S, IT'S, IT'S ACTUALLY SUB BASED. IT'S ITEM FOUR. IT'S GRAVEL. IT'S, IT'S GOT THE COHESION THAT IT NEEDS TO, I THINK MAYBE BRINGING IN OUR, OUR GEOTECH PERSON , MAY I ASK A QUESTION ABOUT THAT? SURE, PLEASE. UM, HOW OLD ARE THOSE ROADS? WHAT THE, THE ROADS, ALL THESE, ALL THESE ROADS THAT YOU REFERENCED IN BEDFORD AND OTHER MUNICIPALITIES. I MEAN, I KNOW IT WOULD BE A REAL EXPENSE FOR US TO GO THROUGH AND PAVE ALL THE DIRT ROADS THAT WE HAVE PROVIDING THEY, WE HAD THAT PERCENTAGE OF, OF ROADS. YEARS, YEARS, YEARS. WELL, THAT'S MY MY POINT THAT, YOU KNOW, THERE'S, THERE'S REALLY, AND, AND I'M TAKING LIKE THE, THE 2000 SQUARE, THE 2000 FOOT VIEW OR 20,000 FOOT VIEW. SO I'M, I'M NOT LOOKING AT DETAILS, BUT I'M JUST HEARING REFERENCE TO THIS IS THE WAY THINGS WORK. THIS IS THE WAY THEY'VE ALWAYS BEEN AND NOT THE THINKING FORWARD. UM, THE RESENTMENT THAT I HEARD IN MR. STEINMAN'S VOICE ABOUT, UM, A ACEING TO TIRE WASH AND SCALES AND THE LOOP ROAD FOR SAFETY. I, I, I THINK THAT YOU'RE FORWARD THINKING MR. PANO, AND THAT YOU, YOU'VE ENGAGED AT AND YOU'VE BEEN INVOLVED IN ENVIRONMENTAL, UM, YOU'VE BEEN VERY GENEROUS AND, AND ENVIRONMENTAL ISSUES AND I APPRECIATE THAT. I, I JUST FEEL THAT, [02:05:01] YOU KNOW, MAYBE WHAT WAS DOESN'T NECESSARILY COMPORT WITH WHAT WILL BE. SO I'M, I'M WONDERING IF WE'RE GETTING STUCK ON SOMETHING THAT MIGHT BE BETTER THOUGHT OUT FOR FUTURE THICK. I I HAD A CLIENT BACK IN MY LAST LIFE IN, IN MY ARCHITECTURAL FIRM DAYS, UM, AND WE WERE DOING A RENOVATION FOR A MAJOR MULTINATIONAL COMPANY AND THEY WERE BUILDING OUT A SPACE, A NEW SPACE OF A COUPLE HUNDRED THOUSAND FEET IN PENNSYLVANIA. AND THE PERSON THAT WE WERE WORKING WITH WAS REALLY ADVERSE TO OUTFITTING, UM, PUTTING IN MORE POWER AND DATA FACILITY IN, YOU KNOW, I'M GOING BACK TO THE NINETIES, EARLY TWO THOUSANDS. SO, YOU KNOW, WE DIDN'T EVEN KNOW WHAT WE DIDN'T KNOW AND HOW THAT AREA WOULD EXPLODE. AND HE COULDN'T UNDERSTAND WHY. WELL, IF WE NEED TO, IF WE NEED TO, WE'LL WE'LL USE EXTENSION CORDS. AND, AND IT JUST BROUGHT ME BACK TO THAT. I DON'T THINK YOU'RE, THAT, I THINK THAT YOU REALLY WANT, I, I WANNA SEE YOUR BUSINESS CONTINUE AND BE SUCCESSFUL. UM, WHAT IF IN THREE YEARS FROM NOW A NEW FIRETRUCK APPARATUS THAT IS A LOT HEAVIER IS INVENTED AND THEN WE HAVE TO WORRY ABOUT IT. SO I, I JUST WANNA NOT GET STUCK. I WANNA SEE HOW WE CAN MOVE FORWARD TOGETHER RATHER THAN BEING STUCK IN WHAT WAS, LET'S MOVE FORWARD. BUT LET'S LET YOU KNOW IF, IF THERE ARE NEW YORK STATE LAWS, AND BELIEVE ME, SOME OF THEM ARE ARCHAIC ALSO. UM, BUT THEY ARE THE LAWS, SO WE MUST COMPORT WITH THEM. AND AS MUCH AS YOU MIGHT NOT LIKE IT, WE MIGHT NOT LIKE IT EITHER. UM, THERE ARE CERTAINLY IN OTHER AREAS, WE HAVE TO DO THINGS THAT ARE NOT WHAT WE WOULD WANT TO PAY FOR, BECAUSE WE'VE GOTTA THINK ABOUT WHAT WILL BE. THAT'S ALL. YEAH. AND, AND JUST ONE, UM, TO THAT POINT, UM, OUR ACCESS ROAD THAT WE HAD FOR 25 YEARS THAT I SHOWED ON THE FIRST PLAN THAT DIDN'T HAVE THE LOOP ROAD WORKED EXTREMELY WELL, UM, AND WAS ACCESSIBLE, UH, TO ANY VEHICLE THAT WANTED TO ACCESS THAT SITE, COULD ACCESS THAT SITE. AND WITH THE COMPACTED GRAVEL, THE WAY IT WAS WAS TRUCKS WERE COMING IN, THEY WERE BACKING UP, THEY WERE TURNING AROUND, AND THEY'RE COMING OUT, UM, A, AN EMERGENCY RESPONSE VEHICLE. AND, AND WE DID HAVE A VERY GOOD PRODUCTIVE MEETING WITH THE FIRE DEPARTMENT. UM, WHEN WE WERE EXPLAINING, YOU KNOW, THE DISTANCES, FIRST OF ALL, UM, WE'RE, WE DON'T HAVE ANY BUILDINGS. THERE'S NO STRUCTURAL BUILDINGS ON SITE. THIS IS ALL PORTABLE STUFF. WE HAVE A, A PROCESSING PLANT THAT YOU CAN SEE THROUGH. WE HAVE, UH, STORAGE CONTAINERS THAT ARE ALL MOVABLE. THERE'S NO FOUNDATION ON ANY OF THIS, ON ANY OF THE STRUCTURES THAT WE HAVE ON SITE. IT'S ALL, IT'S ALL MOVABLE. UM, WE HAVE A A A A OFFICE TRAILER, UH, AND THAT IS A, YOU KNOW, HAS BEEN A PERMANENT FIXTURE, BUT I MEAN, IT IS A MOBILE HOME TRAILER. UM, SO THERE'S NO STRUCTURE, THERE'S NO FOUNDATIONS, THERE'S NOTHING TO GO AROUND. AND WHEN WE HAD THAT MEETING WITH THE FIRE DEPARTMENT, UM, WE SAID THAT, UM, AS AN EXERCISE, MOCK EXERCISE, LET'S TAKE A LOOK AT IT. HOW LONG ARE YOUR HOSES? UM, HOW WOULD YOU COME INTO THIS PROPERTY RIGHT NOW IF THERE HAPPENED TO BE SOME KIND OF A FIRE, GOD FORBID, AT THE SITE RIGHT NOW, IN THE MIDDLE OF THE WINTER WITH ALL THE SNOW PILED UP EVERYWHERE, HOW WOULD YOU FIGHT THAT FIRE? AND THEY SAID, WE WOULD COME INTO IT. WE, UH, CAN YOU SEE THROUGH TO THE, LET'S SAY IT'S TO THE BACK OF THE SITE WHERE THE PETROLEUM BULK STORAGE IS THAT, THAT CAUGHT FIRE? IT'S IN THE BEST PLACE POSSIBLE FOR THIS SITE BECAUSE IT'S UP AGAINST THE HIGH WALL, AND THEY HAVE 180 FEET OF HOSE THAT THEY CAN SPRAY ON THE, ON THE, UM, MATERIALS. WE GAVE THEM A MATERIALS LIST. NO HAZARDOUS MATERIALS ARE, ARE STORED ON THE SITE. NONE. THERE WAS SOME REFERENCE TO, UH, OKAY. BUT IN ANY EVENT, THERE WAS REFERENCE TO IT. THERE WAS REFERENCE TO IT, BUT WE DO NOT STORE HAZARDOUS MATERIALS ON SITE. UM, SO WE HAD A VERY PRODUCTIVE MEETING, AND I ALMOST THOUGHT THAT THE FIRE DEPARTMENT WAS GONNA CONCEDE TO THE ROAD THAT WE HAD, UM, BEFORE WE, BEFORE THE MEMOS STARTED FLYING ABOUT THE LOOP ROAD AND WANTING TO DO THE LOOP ROAD. ANYWAY, SO THERE WAS A, THERE WAS A LITTLE BIT OF A CHANGE OF HEART THERE. UM, AFTER WE EXPLAINED THAT WE WERE HAPPY TO SHOW YOU HOW, UH, SAFETY WORKS AT FAIL. UM, SOME OF THE, AND, AND, AND THROUGHOUT, THROUGHOUT MY EXPERIENCE, FIRST RESPONDERS TO AN INDUSTRIAL, UH, SITE LIKE THIS, THAT DON'T KNOW THEIR WAY AROUND THE SITE, [02:10:01] THEY GET HURT. THE, THE RESPONDERS GET HURT TRYING TO, UM, ACCESS PEOPLE OFF PILES. AND, AND THEY'RE THE ONES THAT YOU HAVE TO WORRY ABOUT BECAUSE THEY DON'T KNOW THE SITE. THESE GUYS HAVE AN EMERGENCY RESPONSE PLAN. THEY HAVE TRAINED PEOPLE, UM, ON SITE TO ASSIST WITH EMERGENCY RESPONDERS, AND WE DON'T WANT THEM GETTING HURT. AND IF THEY DON'T KNOW WHAT THEY'RE DOING, THEN THEY'RE GONNA GET HURT. SO WE HAVE OFFERED, AGAIN, THESE MOCKS, MOCK EXERCISES HAS BEEN ON THE TABLE FROM DAY ONE. IF THERE WAS A FIRE TONIGHT, THOSE FOLKS WOULD BE ABLE TO GET THERE. THEY WOULD BE ABLE TO RUN THEIR HOSES. IT'S LESS THAN 180 FEET. WE'RE TALKING ABOUT, YOU KNOW, THEY WERE TALKING ABOUT 200 FOOT LENGTHS OF HOSE OR 180 FEET WE HAVE UNDER THAT. YOU CAN ACCESS ANY PART OF THAT, UH, STORAGE FACILITY WITH ABOUT 150 FOOT HOSE, A HUNDRED FOOT HOSE, AND IT WOULD, IT WOULD PUT OUT A FIRE IN A HEARTBEAT. THERE'S NO HAZARDOUS MATERIAL. SO THEY HAVE WAYS TO DO THAT, AND THEY COULD ACCESS THAT SITE TODAY AND DO THAT. WE ARE CONCEDING THAT LOOP ROAD, AND THAT'S A HUGE CONCESSION BECAUSE WE ARE REMOVING STOCKPILE AREA FROM VERY VALUABLE, THREE SMALL, THREE ACRES OF, OF PROPERTY MATERIAL COMES IN, MATERIAL GOES OUT, AND TO, TO CONCEDE TO A LOOP ROAD, TAKES HUNDREDS OF CUBIC YARDS OF MATERIAL AWAY FROM THE OPERATION. BUT WE WANTED TO GET THIS FORWARD, MOVE THIS FORWARD, SIMPLE AS THAT. UM, THE LOOP ROAD WORKS NOW. THEY HAVE ACCESS ALL THE WAY AROUND THE COM. AND LISTEN, I HAVE, I, UM, IN, IN THE, MY DEVELOPMENT WORLD, UM, THE BIGGEST BATTLES I HAVE WITH FIRE CHIEFS AND FIRE DEPARTMENTS IS THEY DON'T WANT TO BACK UP THEIR FIRE TRUCK. THEY WANT TO GO AROUND THE SUBDIVISION, YOU KNOW, CUL-DE-SAC, AND YOU GOTTA MAKE IT BIG ENOUGH FOR THEIR, YOU KNOW, HOOK AND LADDER. WE DO A LOT OF WORK IN BOLTON LANDING, AND THE, THE, THE, THE TOPO IS VERY, VERY STEEP, MUCH STEEPER THAN THIS. AND THE FIRE GUYS DON'T WANT TO MOVE. THEY DON'T WANT TO BACK UP THEIR, THEIR VEHICLES BECAUSE THEY JUST DON'T WANT TO BACK 'EM UP. BUT EVERY DAY THEY BACK UP THEIR VEHICLES INTO THEIR FIRE STATIONS. SO THEY CAN CERTAINLY DO THIS. UM, A LOT OF TIMES WHEN I'M HEARING ALL WEATHER, IT'S A MILLION DOLLAR PIECE OF EQUIPMENT, ALL RIGHT? THEY, THEY RESPOND TO A FIRE IN AN ALL WEATHER CONDITION. THEY GET THE FIRE OUT, THEY HAVE TO WASH YOUR TRUCKS A LITTLE MORE. ALL WEATHER IS, THIS IS ACCESSIBLE IN ALL WEATHER. THEY COULD GO OUT THERE RIGHT NOW AND FIGHT A FIRE. BUT THAT AND ALL, ALL AND GOOD AND THAT, BUT WE HAVE TO COMPORT WITH THE LAWS. MR. STEINMETZ KNOWS. SO YOU KNOW THAT, THAT AS MUCH AS WHAT YOU SAY MAY BE SO, AND IT'S AN INTERPRETATION OF THE LAW, WE'RE CONSTRAINED BY IT IS AN INTERPRETATION OF THE LAW. AND THAT HAPPENS IN EVERY MUNICIPALITY WE WORK IN. AND THAT INTERPRETATION IS USUALLY, UM, REASONABLE AND ALLOWS, UM, COMPACTED SURFACES, COMPACTED DRIVEWAYS. AND, AND THERE ISN'T THE NEED FOR ASPHALT. THEY RECOGNIZE THAT THE BIGGEST, THE BIGGEST PIECE OF IT. WHO'S THEY? I'M SORRY? WHO'S THEY RECOGNIZE? UM, OTHER MUNICIPALITIES? APPROV, THE APPROVING, THE APPROVING AUTHORITIES. I GUESS, I GUESS FROM, I YOU FINISH ANSWER, ANSWER QUESTION, I GUESS FOR ME. WE, WE KEEP TALKING ABOUT THE LOOP ROAD. YOU KEEP SAYING IT'S NOT A BIG DEAL. OH, IT IS A BIG DEAL. SO WHY, WHY, WHY IS THERE AN ISSUE AND YOU KEEP PUSHING BACK ABOUT NOT, UM, PAVING THE ROAD, THE ROAD AGAIN, UM, IT'S, IT'S A MAINTENANCE ISSUE. IT'S A SAFETY ISSUE. UM, IT, IT ISN'T GOING TO PROVIDE THE STABILITY THAT, UM, THAT IT ADDED STABILITY. IT'S JUST ANOTHER SURFACE THAT NOW IS GONNA HAVE TO GET MAINTAINED OVER AND OVER AND OVER AGAIN. AND IT'S GONNA GET RUTTED UP. ASPHALT IS MORE FLEXIBLE THAN THE MATERIAL THAT WE HAVE. THE SUB BASE THAT ASPHALT GOES ON IS VERY COMPACT. YOU PUT THE ASPHALT ON TOP OF IT, AND THAT GETS HOT IN THE SUMMER, VERY, VERY HOT IN THE SUMMER. AND THAT STARTS BENDING AND MOLDING AND, AND NOW IT STARTS BREAKING UP. AND NOW YOU HAVE CRUMBLED ASPHALT IN THE MIDDLE OF A VERY STABLE SUB BASE. IT'S NOT A, IT'S NOT A, IT'S NOT A A, A COMPRESSION ISSUE. IT'S JUST A MAINTENANCE ISSUE. AND IT TURNS INTO A NIGHTMARE. CONCRETE, CONCRETE, CONCRETE CRACKS, CONCRETE, YOU KNOW, BREAKS UP. IT'S NOT, IT, IT, IT'S, YEAH, I MEAN, YOU, THIS IS NOT A HIGH, THIS IS NOT A HIGHWAY WE'RE TALKING ABOUT. THE LINEAR FEET OF ROADWAY THAT WE'RE TALKING ABOUT HERE IS LESS THAN 200 FEET, 300 FEET. THAT'S WHAT WE'RE TALKING ABOUT HERE. WE'RE NOT, THIS IS NOT A MAJOR SUBDIVISION. THIS IS NOT A MAJOR DEVELOPMENT. THIS IS A SMALL IN AND OUT LOOP, LOOP, DRIVE LOOP ROAD. SO WE KEEP GOING, EXCUSE ME A SECOND, MR. THOMAS. WE, WE, WE, WE KEEP GOING BACK AND FORTH. WE KEEP GOING BACK AND FORTH. WE WANNA BE COMPLIANT. WE WANNA MAKE SURE THAT WE ALL PLAY NICE IN [02:15:01] THE SANDBOX AND EVERYBODY WANTS TO ALL GET ALONG. UH, MS. GARRITY JUST, JUST SAT AND READ THE LAW. AND THAT WAS THE STATE LAW. YES. SO I'M, I GUESS I'M SITTING HERE AS YOU CALLED ME THE REFEREE. 'CAUSE I'M THE REFEREE. I'M NOT AN EXPERT ON MINING. YEP. I'M NOT UNDERSTANDING IF SHE'S READING THE LAW, WHY YOU, WHY YOU DO NOT WANT TO BE COMPLIANT WITH THE LAW. SO, SO, UH, THAT'S JUST, I'LL GO BACKWARDS ONE MORE TIME AND THEN I DON'T WANT TO GO BACKWARDS. I WANNA GO FORWARDS AND TRY TO GO ONTO THE NEXT ISSUE. BECAUSE IF YOU HEARD WHAT SHE SAID, THEY HAVE THE AUTHORITY AS THE APPROVING, AS THE APPROVING AUTHORITY TO APPROVE SOMETHING OTHER THAN ASPHALT OR CONCRETE. IT'S WHY I HAD HER READ THE, THE LAST PIECE AFTER THE DISJUNCTIVE. OR THEY, FRANK AND LIZ DON'T WANT TO, AND THE, AND THE FIRE DEPARTMENT DOESN'T WANT TO, BUT, SO GINA, JUST SO YOU HEAR ME, THEY CAN, AND I DON'T THINK THEY'LL DISPUTE THIS. MAYBE THEY WILL, THEY SHOULDN'T. THEY HAVE THE LEGAL AUTHORITY, THEY HAVE THE ADMINISTRATIVE LEGAL AUTHORITY TO ALLOW A DIRT HARDENED SURFACE TO BE SUFFICIENT. THEY ARE CHOOSING MAYBE FOR THEIR OWN TERRIFIC REASONS, THEY'RE CHOOSING NOT TO. MY CLIENT IS ASKING ME AND PETER TO EXPLAIN TO YOU, WE THINK IT'S AN IMP PRUDENT DECISION. IT'S, IT'S NOT EVEN SO MUCH ABOUT THE EXPENSE OF THE PAVEMENT. IT'S THE EXPENSE OF CONSTANTLY REPAVING IT. BECAUSE ASPHALT IS NOT USUALLY LOCATED ON THE WHOLE ROADS IN A MINE BECAUSE THE, THE EQUIPMENT THAT DRIVES ON IT DAY IN, DAY OUT IS REALLY HEAVY. AND AGAIN, I'M NOT AN EXPERT AND I DON'T PROFESS TO BE, BUT FROM A PRACTICAL STAND, FROM A LEGAL STANDPOINT, I DON'T BELIEVE THAT THEY MUST MAKE US DO THE ASPHALT. AND I DON'T EVEN THINK, HELP ME, THIS, I DON'T RECALL WHETHER, I DON'T EVEN KNOW WHETHER PSNS INSISTED THAT IT BE ASPHALT. THAT WAS SOMETHING THAT AROSE AFTER THE SPECIAL PERMIT, IF ANY. AM I RIGHT ABOUT THAT? SO AGAIN, AGAIN, LIZ, I DON'T WANNA ARGUE AND I I NEED NO DISRESPECT TO YOU IN THE BUILDING DEPARTMENT, THEY'RE NOT IN THE MINING INDUSTRY. THERE'S NO OTHER MINES IN THE TOWN OF GREENBURG. RIGHT? THERE ARE MINING PROFESSIONALS WHO KNOW MORE ABOUT MINING THAN YOUR BUILDING DEPARTMENT. THAT'S WHY THEY WERE BROUGHT IN. BECAUSE THIS IS A MINE. THIS IS A, SO I'M GONNA GO, I'M GONNA GO BACK. THANK YOU. I'M GONNA GO BACK TO WHAT YOU DESCRIBED. SHE DESCRIBED AS ASPHALT CONCRETE IN AN APPROVED SUBSTANCE OR, OR, OR AN APPROVED SUBSTANCE. SO WHAT APPROVED SUBSTANCE OUTSIDE OF ASPHALT AND CONCRETE HAVE YOU, HAVE YOU OFFERED TO, TO THE BUILDING DEPARTMENT? COMPACT, COMPACTED, COMPACTED SOIL SITTING TOP OF ITEM FOUR THAT IS ROAD BASE. AND YOU'VE HEARD IT REPEAT, YOU KNOW, YOU'VE HEARD WE DID A, WE DID A TEST, WE DID A TEST ON THE, UH, THE COMPACTION TEST, PROCTOR TEST. AND THEN, UM, I MEAN MAYBE WE CAN, WE ALLOW THE GEOTECH, UH, CONSULTANT WHO'S ON JUST FOR LET HIM THREE MINUTES TO JUST EXPLAIN WHY HE BELIEVES COMPACTED SOIL ON TOP OF, UH, ON TOP OF ITEM FOUR IS ACTUALLY A BETTER SOLUTION THAN, THAN ASPHALT. BUT, BUT LET ME, IF, IF THE LAW SAYS THAT'S WHAT I HAVE, THAT THE JURISDICTION CAN MAKE THAT CALL, AND THEY HAVE MADE THE CALL THREE DIFFERENT PEOPLE, WHAT IS THEIR LEFT TO ARGUE? BECAUSE IT'S ACCORDING TO THE LAW, IT'S THEIR CALL TO MAKE. WELL, WE BELIEVE IT'S A GREAT QUESTION, FRANCIS. I YOU ARE RIGHT. UM, WE THINK THAT MAYBE IF YOUR BOARD AND EXPERTS ADVISED OTHERWISE THEY WOULD RECONSIDER THAT MAYBE NOT. UH, MY CLIENT BELIEVES THAT THEY WOULD RECONSIDER THAT BECAUSE FOR WHATEVER REASON, FOR 25 YEARS, THE EXPERTS IN YOUR TOWN DIDN'T REQUIRE OTHERWISE. THE, WHEN, WHEN YOU ALL ISSUED THE SPECIAL PERMIT IN 2002, NOBODY SAID, EVEN THOUGH IT WAS A SMALLER OPERATION, MR. WEINBERG, ON YOUR PROPERTY, YOU'RE GOING TO HAVE TO HAVE IT PAVED. SO WAS IT WILLY-NILLY OR DID SOMEBODY, DID JOHN LATO HAVE A REALLY GOOD REASON? DID, DID YOUR PROFESSIONALS IN YOUR BUILDING DEPARTMENT FOR 25 YEARS JUST COMPLETELY DROP THE BALL? DID THE FIRE DEPARTMENT FOR 25 YEARS DROP THE BALL? I WISH I KNEW ENOUGH ABOUT GREENBERG GEOGRAPHY 'CAUSE, AND I'M GONNA GO HOME AND BANG MY HEAD AGAINST THE WALL. 'CAUSE I GUARANTEE I'LL BE ABLE TO COME UP WITH FIVE EXAMPLES OF DIRT, GRAVEL TRAVEL WAYS THAT ACCESS YOUR PARKS AND DIFFERENT PLACES IN YOUR TOWN. AND I'M GONNA GO HOME AND I'M GONNA SAY, WHY DIDN'T I SAY TO FRANCIS AND GINA, WHY AREN'T YOU GUYS REQUIRING ALL THESE OTHER THINGS TO GET PAVED? YOU ARE NOT. AND THE, AND THE, AND THE FIRE DEPARTMENT ISN'T. AND UNLIKE YOU GUYS, THREE NIGHTS THIS WEEK, I THINK I'M ON MY FEET ON DIFFERENT THINGS IN DIFFERENT PLACES. I, YOU KNOW WHAT, THIS IS THE FIRST TIME I'VE EVER SEEN THIS ONE PLAY OUT. SO I, I'M HOPING MAYBE I'LL LEARN SOMETHING ABOUT GEOTECH IF THIS GENTLEMAN [02:20:01] SPEAKS, BECAUSE THESE GUYS HAVE CONVINCED ME THAT 120 POUNDS OF, OF TRUCK, 200, 120,000 POUNDS OF TRUCK AND ROCK IS, IS HEAVIER THAN A FIRE FIRE ENGINE. I LEARNED THAT. AND THAT, UNLIKE THE FIRE ENGINE, THESE THINGS ARE DRIVING ON THIS SURFACE EVERY SINGLE DAY OF THE YEAR IN EVERY CLIMATIC CONDITION. SO I WAS, WOW. I GUESS YOUR HARDENED SURFACE IS A HELL OF A LOT BETTER THAN YOUR TYPICAL ASPHALT. THREE INCHES OF ASPHALT SITTING ON TOP OF THE SAME ROAD BASE. WHAT DO I KNOW? SO YOU'RE SAYING THAT THE TOWN DIDN'T REQUIRE IN 2002, BUT IN 2002, THERE WAS SPECIAL PERMIT CONDITIONS IMPOSED. WOULD YOU BE WILLING TO GO BACK TO THOSE SPECIAL PERMIT CONDITIONS? UM, AND THEN IF THAT MEANS THAT YOU DON'T NEED TO PAVE THE ROADWAY, YOU KNOW THE ANSWER TO THAT? NO, I, I NEED YOU TO SAY THE ANSWER. YOU KNOW, AS WELL AS I KNOW THAT YOUR TOWN HAS EXPERIENCED THE EVOLUTION OF THIS BUSINESS IN YOUR TOWN, AND THAT'S WHY WE'RE HERE IN THE FIRST PLACE. THIS BUSINESS HAS DONE BETTER. IT HAS GROWN, SOCIETY HAS GROWN, EVERYTHING AROUND US HAS CHANGED. THERE'S MORE DEMOLITION IN WESTCHESTER COUNTY WITH ALL DUE RESPECT, FRANCIS, THAN THERE WAS IN 2002. AND THAT STUFF NEEDS TO GO SOMEWHERE TO GET RECYCLED SO THAT WE DON'T BURY IT IN SOME, SOME LANDFILL SOMEWHERE. SO THE ANSWER IS NO. I'M NOT ASKING TO GO BACK TO THE CONDITION OF 2002. I'M REMINDING YOU THAT YOUR MUNICIPALITY FOR 25 YEARS OF EVOLUTION DIDN'T UNTIL 2023 DECIDE, HEY, THERE'S PROBLEMS HERE. SO I'M, I'M MAKING SURE YOU KNOW THAT IN, IN THAT ENSUING 25 YEAR PERIOD, NOBODY ON THAT SIDE OF THE DAY HAS SAID TO THE, SAID TO THIS TAX PAYING BUSINESS IN YOUR TOWN, HEY, YOU GOTTA PAVE YOUR ROADS. THAT MAY BE IRRELEVANT TO YOU. MY JOB IS TO RAISE THE ISSUES AND MAKE YOU GUYS ULTIMATELY HAVE TO DECIDE YOU WANT TO ISSUE A SITE PLAN THAT MANDATES THE ASPHALT ISSUE, THE SITE PLAN THAT MANDATES THE ASPHALT. AND MAYBE WE'LL GO BACK TO THE ZONING BOARD AND THEY'LL UNDO IT. UH, MAYBE, MAYBE WE'LL CONVINCE FRANK AND LIZ TO CHANGE IT, OR MAYBE THEY'LL PAVE THE ASPHALT AND THEN YOU'LL WATCH THEM CONSTANTLY REPAVING THE ASPHALT EVERY YEAR AND THEN YOU WON'T REALLY CARE. SO MY POINT IS THAT YOU KEEP GOING BACK TO 2002 AND IT'S OPERATED, OPERATED AND OPERATED, OPERATED, BUT OVER THOSE YEARS, YOU'VE EXPANDED AND VIOLATED THOSE SPECIAL PERMIT CONDITIONS. WOULD YOU AGREE? WE SO HANG ON. WE, WE, THE, THE OPERATION EXPANDED. YOU KNOW, THAT WE'VE, WE'VE, WE'VE ACKNOWLEDGED THAT THERE'S NO QUESTION THAT THE DETAILS OF BOB WEINBERG'S 2002 PERMIT ARE NOT THE DETAILS WE'RE LIVING BY TODAY. SO IF YOU WANT ME TO SAY THAT TO YOU, I JUST SAID THAT TO YOU, YOU KNOW THAT. I KNOW THAT. ALRIGHT, SO LEMME LET ME CONTINUE. UM, EARLIER, I JUST WANNA MAKE SURE WE HAVE A RECORD. EARLIER YOU SAID THAT YOU RECEIVED TWO MEMOS TONIGHT. COULD YOU IDENTIFY WHICH MEMOS THERE WERE? WERE THOSE THE TWO MEMOS WE JUST READ INTO THE RECORD THIS, THIS EVENING? NO, I DON'T THINK SO. SO, NO, WE RECEIVED A MEMO, UM, DATED JANUARY 28TH, 2026 FROM THE BUILDING DEPARTMENT. WE RECEIVED A MEMO DATED JANUARY 28TH, 2026 FROM THE ENGINEERING DEPARTMENT. UM, AND ONE OF THE THINGS THAT I REALIZED, I NEGLECTED TO SAY, UM, I, I MENTIONED THAT I WAS GONNA COME BACK TO THE 90 DAYS. SO I'M, THANK YOU FOR REMINDING ME. I'M COMING BACK TO THE 90 DAYS TONIGHT AT 5 55 45 FOR THE FIRST TIME. I LEARNED THAT YOU ALL LEARNED THE NIGHT AFTER THE PUBLIC HEARING ON OCTOBER 23RD, 2025, YOU ALL LEARNED THAT WHAT GLENN HAD BEEN LED TO BELIEVE WAS INACCURATE. YOU VERIFIED, ACCORDING TO LIZ'S EXHIBIT A, THAT ELMSFORD WAS THE ONE THAT HAD ACTUALLY BURIED THE ASPHALT. SO TO THE EXTENT THAT WE'RE PLAYING THE GAME OF THE RECORD, FRANCIS, I'M SHOCKED AT THE TOWN OF GREENBERG IN 95 DAYS, DIDN'T PICK UP THE PHONE AND CALL ME OR PUT SOMETHING IN WRITING, SAY, BY THE WAY, DAVID, YOUR CLIENT WAS INACCURATE. THAT'S AN ELMSFORD VIOLATION. SO TO THE EXTENT THAT WE'RE, I DON'T WANNA PLAY TIT FOR TAT, BUT WITH ALL DUE RESPECT, I'M SURPRISED THAT GREENBERG DIDN'T, DIDN'T I, I SPOKE TO JOE, I SPOKE TO GARRETT. I GOT MEMOS UP THE WAZOO. NOBODY SAID IN THAT THREE MONTH PERIOD, HEY, YOU GUYS GOT IT WRONG. YOU, I I'D LIKE TO SPEAK TO THAT. WHEN YOU'RE DONE, YOU GO RIGHT AHEAD. BUT I, I DIDN'T FIND OUT ABOUT THAT UNTIL TONIGHT. I I ACTUALLY THINK BEFORE, BEFORE YOU DO, EARLIER YOU SAID, YOU SAID THE ACCUSATIONS REGARDING THE TOWN ACTUALLY BURYING ASPHALT ON THE ABUTTING PROPERTY WAS, WAS MADE BY OTHERS. IT WAS MADE BY PRINCIPLES OF FAIL. [02:25:01] THAT'S NOT, HE'S NOT ANOTHER, HE'S A PRINCIPLE OF FAIL. NOW IF YOU'RE NOW SAYING IT WAS INACCURATE BECAUSE THEY WERE GIVEN INACCURATE INFORMATION, YOU KNOW, THAT'S TOTALLY DIFFERENT THAN WHAT YOU SAID AT THE LAST MEETING. SO I'LL LET GLEN SPEAK TO THAT. 'CAUSE HE'S THE ONE THAT SPOKE TO IT AT THE LAST MEETING. I JUST WANTED TO GET THAT AND, AND I'LL LET GLEN SPEAK. I JUST WANNA QUICKLY SAY, I ACTUALLY THINK IT'S PRETTY IRRELEVANT IN, IN THE LONG TERM WHEN YOU'RE LOOKING AT A SITE PLAN APPLICATION, WHETHER THAT TRUCK WAS OURS OR NOT. AND, UM, I DON'T THINK THAT THAT'S REALLY SUCH AN IMPORTANT FACTOR. BUT IN TERMS OF GETTING MEMOS TODAY, I'D JUST LIKE TO REMIND THA THAT PLENTY OF TIMES DURING THE ZBA HEARINGS WE RECEIVED LAST, SECOND, LAST MINUTE, WHATEVER YOU WANT TO CALL IT, UM, SUBMISSIONS FROM FAIL AS WELL. THERE WAS NO ILL INTENT ON THE, ON THE PART OF THE TOWN. I THINK WE'RE ALL VERY BUSY PEOPLE AND THIS IS, UH, A LOT TO TAKE IN. AND, UM, YOU KNOW, WE'RE GIVING YOU THE OPPORTUNITY TO SPEAK ABOUT THOSE ITEMS TONIGHT. SO I JUST WANNA CLARIFY FOR THE RECORD, THERE'S ABSOLUTELY NO ILL INTENT THERE. OKAY? AND JOE, I APPRECIATE THAT. IT, IT, IT, IT PROBABLY WOULDN'T HAVE BEEN AS GLARING HAD WE NOT FIVE DAYS AGO, GOTTEN A, AN APOLOGY EMAIL FROM GARRETT THAT HE WAS SENDING US TWO OTHER OLDER MEMOS THAT WE HAD NOT YET GOTTEN. SO AGAIN, NO. EVERY, WE'RE ALL BUSY. I GET IT. I, I WANT, I WANT YOUR TOWN BOARD TO KNOW THAT WE SHOWED UP TONIGHT WITHOUT HAVING A CHANCE TO REALLY DIGEST ALL OF THE, WE GOT TWO NEW MEMOS. ONE OF THEM'S 11 PAGES LONG. UM, WE DID THE BEST WE COULD. I WANTED YOUR BOARD TO KNOW THAT. UNDERSTOOD. AND WE DID NOT ASK TO ADJOURN BECAUSE WE GOT THESE AT FIVE 30. WE COULD HAVE, I'M SURE, YOU KNOW, GARRETT WAS KIND ENOUGH TO SAY TO ME ON FRIDAY OF LAST WEEK, DAVID, I APOLOGIZE, I JUST REALIZED YOU DIDN'T GET THESE, IF YOU WANT TO PULL OFF THE AGENDA, BUT WE SCRAMBLED AND WE READ THOSE MEMOS AND THEN WE GOT NEW ONES TONIGHT. AND ALSO, I AM THE LIAISON TO THE ZONING BOARD. AND REPEATEDLY, YOU, AND WE'RE NOT SAYING THERE WAS ILL INTENT THE NIGHT OF THE ZONING BOARD MEETING, YOU WOULD, YOU WOULD PRESENT A TOTALLY NEW MEMO TO THE ZONING BOARD AND THEY WOULD HAVE NO CHOICE BUT TO ADJOURN THE MEETING SO THEY COULD UNDERSTAND WHAT IT IS. AND JUST LIKE WE'RE SAYING, THERE WAS NO ILL INTENT. I'M NOT SAYING YOU HAD ILL INTENT, BUT IT HAPPENS. I JUST HAD A QUESTION. UM, I WAS SORT OF CURIOUS BECAUSE I WAS LISTENING, YOU KNOW, ABOUT THE WHOLE ISSUE OF THE SAFETY OF FIRE TRUCKS. UM, HAVE YOU CONTACTED OR HAS ANYBODY INDEPENDENTLY CONTACTED THE MANUFACTURERS OF THE FIRE, UM, UM, TRUCKS? UM, WE HAVEN'T GONE TO TO THAT EXTENT WITH THIS, BUT, UM, WE, WE HAVE RETURNING RADIUSES THAT WE USUALLY, YOU KNOW, THE, THE FIRE DEPARTMENT OFFERED UP THEIR VEHICLE AND, UH, UM, WE COULD GO TO THE MANUFACTURER, BUT IT'S USUALLY IN RELATIONSHIP TO TURNING RADIUSES AND HORIZONTAL ALIGNMENTS AND VERTICAL ALIGNMENTS THAT WE ANALYZE YOUR EQUIPMENT. AND, AND WE DID THAT. AND THAT IT MEETS ALL THE SAFETY REQUIREMENTS FOR TURNING RADIUSES IN TERMS OF THE, THE, THE CAPACITY TO HANDLE SEVEN 75,000 POUNDS. THAT'S WHY WE HAVE OUR GEOTECH PERSON HERE. AND HE REALLY WOULD LIKE TO SPEAK TO SOME OF THIS BECAUSE I THINK HE COULD CLEAR IT UP. SO I I WOULD LOVE TO, YOU'RE RIGHT. THE ONLY THING THAT I'M, THE ONLY SUGGESTION THAT I'M MAKING IS, YOU KNOW, THE BUILDING DEPARTMENT IS SAYING IT'S NOT, YOU KNOW, IT'S NOT SAFE. YOU'RE SAYING IT IS SAFE. AND I'M THINKING, UM, YOU KNOW, MAYBE, UH, IF WE REACHED OUT TO THE FIRE MANU, UH, FIRE TRUCK MANUFACTURERS AND WE, WHILE WE WERE GOING THROUGH THIS WHOLE PROCESS, I THINK WOULD BE INTERESTING. I'M ALSO WONDERING IF, UM, YOU KNOW, THERE'S AN ASSOCIATION OF FIRE, FIRE CHIEFS, UM, YOU KNOW, FROM THE STATE, UM, YOU KNOW, THERE MAY BE, THERE MAY BE TWO OR THREE DIFFERENT ASSOCIATIONS THAT ARE INDEPENDENT. AND MAYBE IF WE REACHED OUT TO THEM, UH, AND WE SAID THIS IS AN ISSUE, UH, YOU KNOW, WE WANNA GET YOUR THO YOUR INDEPENDENT THOUGHTS. AND THEN, AND THEN IF WE HEAR FROM ALL THESE FIRE CHIEFS AND THE SAYING, YOU KNOW WHAT, THIS IS LIKE A TOTALLY RIDICULOUS, UM, YOU KNOW, RULE THAT THE TOWN HAS, YOU KNOW, WE, WE HAVE, UH, MANY, UH, FIRE TRUCKS, UH, USING, UH, ROADS IN SIMILAR CONDITIONS AND THERE'S NO PROBLEM. CAN ASK. THAT WOULD BE HELPFUL. CAN I ASK A QUESTION? I'M JUST, SORRY. SORRY, SORRY. EVERYONE, EVERYONE. NO, I'M JUST, WE HAVE TO BE ONE AT A TIME. LIKE GETTING, I, LIKE, I ALWAYS LIKE GETTING INDEPENDENT, UH, YOU KNOW, SECOND OPINIONS, YOU KNOW, THIRD OPINIONS, YOU KNOW, I FIGURE THERE'S NOTHING, THERE'S NOTHING HARMFUL, UH, YOU KNOW, GETTING ANOTHER OPINION. WELL, WE HAVE AN OPINION FROM THE FIRE DEPARTMENT. NO, BUT I'M SAYING WE COULD ALWAYS GET ANOTHER OPINION FROM, YOU KNOW, THEY, THEY DISAGREE WITH OPINION FROM THE FIRE DEPARTMENT. SO I'M SAYING, SO WE'RE GONNA GET AN OPINION. SO DO YOU KEEP SHOPPING UNTIL YOU GET ONE? NO, I'M JUST, NO, I'M SAYING OBVIOUSLY THE FIRE, THERE'S A FIRE CHIEFS ASSOCIATION THAT IS, UH, YOU, THIS IS WHAT THEY DO. YOU KNOW, THEY, UH, THAT'S A GREAT IDEA BECAUSE THERE'S OVERALL CONSENSUS, I THINK WITH, WITH THE, UH, FIRE DEPARTMENTS ON WHAT, WHAT IS ACCESSIBLE AND WHAT IS INACCESSIBLE. AND THERE BOOTS ON THE GROUND, GUYS, THAT WOULD BE, I, I GUARANTEE WOULD BE HAPPY TO, UM, PUT TOGETHER, UM, THEIR OPINION. AND AGAIN, IT'S NOT A WEIGHTED OPINION, IT'S JUST WHAT [02:30:01] IS SAFE AND WHAT ISN'T SAFE. AND I THINK IN THIS PARTICULAR CASE, GIVEN THE LENGTH OF THE ROAD, UM, BUT I DO WANNA SAY THAT OUR, OUR GEOTECH GUYS, HE'S BEEN KIND OF WAITING. HE UNDERSTANDS, UM, THE ISSUES. LET'S STOP. I'M GONNA COME IN HERE AND I'D LIKE TO ADDRESS THE BOARD. COUNCILMAN SHEEN, COUNCILWOMAN JACKSON, SUPERVISOR, FINER COUNCILWOMAN HABER COUNCILWOMAN HENDRICKS. SO I YOU, I'M GLENN ANA, FOR THE RECORD, I'M THE PRESIDENT AND CEO OF FAIL INDUSTRIES. I WANTED, I'M GONNA ASK US ALL TO TAKE A RESET HERE. THIS, WE'VE BEEN IN BUSINESS FOR 40 YEARS. WE CELEBRATED OUR 40TH YEAR ANNIVERSARY THIS PAST YEAR. WE WERE NAMED THE NUMBER ONE BEST PLACE TO WORK IN WESTCHESTER COUNTY. WE SUPPORT ALL KINDS OF, UM, LOCAL CHARITIES, RIGHT? WE'RE VERY GIVING BACK. IT'S WHAT WE DO. WE HAVE EMPLOYEES I'VE THAT DON'T LEAVE US WHEN THEY COME WORKING FOR US. I DON'T REALLY KNOW HOW WE GOT TO THIS POINT. I DON'T, I'M NOT A FIGHTER. WE DON'T FIGHT. I WORK IN A NUMBER OF DIFFERENT MUNICIPALITIES HERE. I WORK WITH THE DEC. I'VE ONE-ON-ONE RELATIONSHIPS WITH THESE PEOPLE. I INVITE THE DEC TO OUR SITES. WE DO MOCK INSPECTIONS, DEC INSPECTIONS EVERY MONTH UNANNOUNCED AT OUR SITES. WE HAVE A PHENOMENAL SAFETY RECORD. WHEN THE FIRE DEPARTMENT CAME TO THE SITE, THEY STATED, WOW, I'VE BEEN HERE FOR MORE THAN 20 YEARS. I DIDN'T EVEN KNOW YOU GUYS WERE HERE. I COUNCILMAN SHE. AND I'D LIKE TO TAKE A RESET AND SAY, HEY, CAN WE TAKE A STEP BACK? WE'RE USED TO WORKING WITH MUNICIPALITIES. I'M NOT USED TO FIGHTING. I DON'T LIKE FIGHTING. I HATE FIGHTING. I WANT TO COME TO SOMETHING THAT MAKES REASONABLE SENSE SO THAT YOU GUYS ARE VERY PROUD OF WHERE WE ARE AND WHO WE ARE. WE HAVE A QUARRY IN FISHKILL, NEW YORK AT THAT QUARRY. I HAVE EQUIPMENT WORKING 400 FEET ABOVE THE GROUND. IT'S A LARGE SITE. NOTHING'S PAVED ON IT. I HAVE AN ASPHALT PLANT THERE. I COULD PAVE THE WHOLE THING. I COULD PAVE THIS SITE. I HAVE A PLANT ASPHALT'S, NOT THE ASPHALT'S GONNA BE A PROBLEM. IT'S GONNA BREAK DOWN. I WOULD LIKE TO SIT DOWN WITH WHOEVER IT IS, IF IT'S THE TOWN BOARD TO TRY TO WORK THROUGH A SOLUTION HERE. I'M NOT, WE DON'T LIKE FIGHTING. I DON'T KNOW HOW WE GOT HERE FOR 27, 25 YEARS. WE OPERATED IN GOOD FAITH WITH, WITH EVERYBODY A PICTURE. COUNCILMAN SHEEN. GOING BACK TO THE ORIGINAL 2002 RECORD. IF WE CAN CHANGE THE LIMIT OF QUANTITY ON SITE AND CHANGE THE PERMIT TO 30 FOOT END USE PILES AND A 50 FOOT INCOMING PILE, WE'D LIVE WITH THAT. I'LL TAKE THAT RIGHT NOW. I'LL MAKE THAT WITH YOU. I'LL HONOR IT TOMORROW AND COME OUT EVERY DAY. I, I DON'T, LIKE I SAID, I DON'T KNOW HOW WE GOT TO THIS POINT, BUT I GET IT GETS ME UPSET SEEING EVERYBODY GO BACK AND FIGHT. I DON'T LIKE TO FIGHT. I THINK THAT GARRETT'S DONE A GREAT JOB. I THINK JOE'S DONE A GREAT JOB. I THINK THE ENGINEERING DEPARTMENT, I THINK LIZ CAN TESTIFY WHEN THEY CAME OUT AND SAID WE NEEDED PERMITS. WE PUT PERMIT, WE PUT PERMITS OUT TO YOU IN 2023. AND THEY SAID WE COULDN'T PROCESS 'EM. WE ARE HIGHLY REGULAR. IF THERE'S A PERMIT WE DON'T HAVE, MAYBE IT'S AN OVERSIGHT. I'LL TAKE THAT. NOTHING'S A MISSING INTENT. I HAVE PERMITS WITH THE DEC AT ALL OF OUR SITES. THEY'RE THERE ALL THE TIME. SO I WOULD LIKE TO WORK WITH YOU GUYS HERE. I DON'T, WE, WE ARE A GOOD COMPANY THAT TRIES TO DO THE RIGHT THING. THERE'S NO MIST INTENT HERE. AND MY ASK IS THAT WE SIT DOWN AND TRY TO FIND A WAY TO MOVE THIS FORWARD. SO THE BUILDING DEPARTMENT ALSO IS NOT HERE TO FIGHT. OUR ROLE IS TO APPLY THE LAWS AND TO APPLY THE CODE. THAT'S WHAT WE'RE DOING HERE. IF YOU'RE THINKING THAT IT'S FIGHTING, IT'S NOT. WE ARE MANDATED BY THE STATE, BY THE TOWN, BY OUR OATHS THAT WE HAVE TO ENFORCE THE CODE AND WE HAVE TO TREAT THE PROPERTY BECAUSE THERE WERE NO PERMITS AS IF IT WERE VACANT. AND IT'S NOT SAYING THAT THE STRUCTURES AREN'T THERE, IT'S SAYING THAT UNDER THE CODE WE HAVE TO LOOK AT EVERYTHING LIKE IT'S NEW. I'VE HEARD THAT YOU HAVE DEC PERMITS. I AGREE THAT YOU HAVE DEC PERMITS, BUT DEC PERMITS DON'T NEGATE THE REQUIREMENT FOR TOWN PERMITS. THE TOWN PERMITS HOW IT WORKS FOR A, A TANK, BECAUSE THIS IS WHAT WE WERE REFERRING TO FOR THE FUEL TANK. PROCESS-WISE, THE APPLICATION WOULD FIRST COME TO THE TOWN, THEN THAT PERMIT WOULD GET SUBMITTED TO THE COUNTY IN ORDER FOR YOU TO GET YOUR, YOUR FUEL PERMIT. [02:35:01] WHAT DIDN'T HAPPEN AND YOU KNOW, AGAIN, THIS IS GOING BACK IN TIME. WE HAVE TO LOOK AT THAT TODAY. SO YOU FILING THE PERMIT, WE CAN'T TAKE PERMITS UNTIL YOU HAVE SITE PLAN. SO IT SEEMS LIKE WE'RE GOING ROUND AND ROUND AND ROUND. UM, MOVING FORWARD. UM, THE BUILDING DEPARTMENT, AGAIN, IT'S NOT NEGOTIABLE ABOUT THE FIRE ACCESS SURFACE. UM, THAT DECISION HAS BEEN MADE AND I WILL READ THE ELMSFORD FIRE DEPARTMENTS NOVEMBER 20TH, 2025 MEMO INTO THE RECORD. THE ELMSFORD FIRE DEPARTMENT HAS THE FOLLOWING COMMENTS REGARDING THE TOWN OF GREENBURG BUILDING DEPARTMENT'S. FOURTH REVIEW OF THIS CASE, CASE TB 25 0 6 THA 50 WAREHOUSE LANE FIRE DEPARTMENT ACCESS THE FIRE LANE ACCESS ROAD SHALL BE A FIRM SURFACE OF EITHER CONCRETE OR ASPHALT. CAPABLE OF SUPPORTING THE IMPOSED LOAD OF FIRE APPARATUS WEIGHING UP TO 75,000 POUNDS, MAXIMUM GRADE OF 10%, AND A MINIMAL VERTICAL CLEARANCE OF 13 FEET SIX INCHES. SIGNAGE IS TO BE INSTALLED ALONG THE FIRE APPARATUS. ACCESS ROAD COMPLYING WITH NEW YORK STATE FIRE CODE 1 0 3 0.6 SUBSECTION D SPILL CONTAINMENT AND STORAGE, APPROPRIATE SPILL CONTAINMENT STORAGE, UH, SPILL CONTAINMENT AND STORAGE AREAS, SIGNAGE INSTALLED ON ALL STORAGE STRUCTURES WITH NOTED HAZARD STORED CHIEF PETE DELUCA, ELMSFORD FIRE DEPARTMENT AND SUPERVISOR FINER WITH REGARD TO YOUR COMMENT ABOUT ASKING OTHER FIRE DEPARTMENTS TO COMMENT HOW THEIR FIRE APPARATUS IS GOING TO ACCESS A SITE IS TYPICALLY NOT DONE. THE INDIVIDUAL FIRE DEPARTMENT MAKE THEIR OWN DETERMINATIONS OF THEIR APPARATUS, HOW IT'S RESPONDING AND THE SITES THAT IT WILL ENTER. ASKING AN ASSOCIATION WHETHER HYPOTHETICALLY A COMPACTED FILL COULD SUPPORT AN APPARATUS IS NOT A DECISION THAT SHOULD BE MADE, UM, BY ANYONE OTHER THAN THE ELMSFORD FIRE DEPARTMENT BECAUSE IT'S THEIR RESPONDING EQUIPMENT THAT WILL BE GOING TO THE SITE. UM, ELMSFORD FIRE DEPARTMENT, UH, I'VE ASKED TO COME TONIGHT. UNFORTUNATELY THEY WEREN'T ABLE TO. UM, I WILL HAVE THEM REVIEW THE RECORD AND PROVIDE ANY FURTHER COMMENTS THAT THEY MAY HAVE, WHICH MAY ASSIST THE APPLICANT MOVING FORWARD. SO I WILL AGAIN, REACH OUT TO THE ELMSFORD FIRE DEPARTMENT AND WE WILL GO TO THE SITE. I WILL STATE THAT IT STATES THE CODE STATES ASPHALT, CONCRETE, OR ANY OTHER APPROVED SURFACE. SO I UNDERSTAND WE, WE CAN AGREE THOUGH THAT THERE'S IT'S ASPHALT CONCRETE OR ANOTHER APPROVED SURFACE. AGAIN, I REITERATE, I WANT TO WORK WITH YOU HERE. OKAY? I'M TRYING TO FIND SOMETHING THAT CAN WORK FOR EVERYBODY. WE'RE AN ESSENTIAL INDUSTRY. WE'VE BEEN THERE 27 YEARS. WHEN I MENTIONED OUR WORKMAN'S COMP MOD, WE'RE IN A GROUP OF 40 COMPANIES. WE HAVE THE BEST SAFETY RECORD OF 40 COMPANIES OUT THERE. SO WE'VE NEVER HAD AN INCIDENT ON THE SITE. I WOULD ASK, YOU KNOW, WE'RE TRYING TO WORK WITH YOU ON THIS ONE HERE. I REITERATE THE FACT THAT I WOULD LIKE TO WORK WITH YOU TO GET THIS DONE. I THINK, UH, A STEP WOULD BE TO HAVE A MEETING WITH THE ELMSFORD FIRE CHIEF ON THE SITE. IF I BE CLEAR, THE ELMSFORD, THE TOWN, THE TOWN, THE TOWN IS ALWAYS WELCOME. OKAY. EXCUSE THE, THE ELMSFORD FIRE DEPARTMENT IS NOT THE AUTHORITY HAVING JURISDICTION ON THE SURFACE MATERIALS. WE COORDINATED WITH THE ELMSFORD FIRE DEPARTMENT. THE BUILDING INSPECTOR IS THE ULTIMATE DETERMINATION UNDER FIRE CODE. THE BUILDING INSPECTOR HAS ALREADY RENDERED A DECISION SIX MONTHS AGO. THAT DECISION STANDS CONCRETE OR ASPHALT. IF YOU PRESENT ANOTHER SURFACE OTHER THAN COMPACTED FILL, WHICH HAS BEEN REJECTED, THEY WILL TAKE THAT INTO CONSIDERATION. OKAY. I THINK YOU'RE SEEING WHY THOUGH. OUR TOWN ATTORNEY STATES THAT THIS REALLY SHOULD BE ON THE RECORD. BECAUSE IF HE'S SAYING THERE'S AN IMPASSE, I THINK EVERYBODY SEES THERE'S AN IMPASSE. WE SPENT OVER AN HOUR ON THIS ONE TOPIC REGARDING, AND THERE'S PLENTY OF TOPICS. ONE TOPIC REGARDING THE ASPHALT SERVICE. UM, AND SO THAT THERE'S NO MISUNDERSTANDING. YOU KNOW, PEOPLE HAVE MEETINGS AND SOMEBODY SAID THIS AND HEY, YOU REMEMBER SOMEBODY SAID THAT. UM, BUT IT'S NOT ON THE RECORD AND THAT'S WHY WE'RE DOING THIS ON THE RECORD. YES, IT'S A SLOW PROCESS, BUT WE DO WANT TO GET TO SOME CONCLUSION. THE LAST MEETING, 80% OF THE MEETING WAS VIEWED AT, YOU'RE RIGHT. SPEAKING ABOUT HOW WONDERFUL YOUR COMPANY IS. WE ONLY GOT TO THE SITE PLAN AT [02:40:01] THE VERY END OF THE MEETING AND WE REALLY DIDN'T HAVE ANY DISCUSSION ABOUT IT. MM-HMM . BECAUSE ALL, MOST OF THE TIME WAS WE'RE GREAT. WE HAVE SUPPORT OF A LOT OF DIFFERENT ORGANIZATIONS. UH, AND THAT WAS YOUR RIGHT TO USE THE TIME THAT WAY, BUT IT WASN'T REALLY PRODUCTIVE TO ADDRESS THE SITE PLAN ITSELF. UH, I DO WANNA MENTION A COUPLE OF THINGS. 'CAUSE YOU SAY YOU HAVE A GREAT SAFETY RECORD, UM, BUT WASN'T THA UH, OPERATING IN MONTROSE. YEP. DID THEY HAVE A GREAT SAFETY RECORD BEFORE THE FIRE? WE STILL HAVE A GREAT SAFETY RECORD. THERE WAS NO INJURIES THERE, THERE WAS NOBODY HURT THERE. UM, OUR PLAN WORKED AS IT SHOULD. WE HAVE A, WE HAVE A VERY GREAT SAFETY RECORD. BUT YOU WERE SAYING THAT YOU'VE HAD NO VIOLATIONS. THAT'S MY QUESTION. HMM. DID YOU HAVE NO VIOLATIONS IN ADVANCE OF THE FIRE? I DON'T WHAT TYPE OF, I DON'T KNOW WHAT YOU'RE TALKING ABOUT. YOU DON'T KNOW WHAT THE FIRE WAS? NO. WE HAD A FIRE. YES. SO WERE ANY VIOLATIONS ON THAT SITE? NONE. BECAUSE, BECAUSE THERE'S A NEIGHBOR THAT APPARENTLY WENT TO, YOU KNOW, THE FOUR FOUR TRIED FOUR LITIGATIONS OR WHATEVER IT WAS WITH THE PLANNING BOARD, WHATEVER IT WAS, YOU CAN YEP. SO PHRASE THIS, YOUR RIGHT. UM, AND THAT WAS BEFORE FAIL LEASED THE PROPERTY FROM THE CURRENT, FROM THE OWNER OF THE PROPERTY. SO THERE WERE, TO THE EXTENT THAT YOU TALK ABOUT THE LITIGATION, SINCE I WAS REPRESENTING THE PROPERTY OWNER, THE PROPERTY OWNER ONE, YOU REPRESENTED THE PROPERTY OWNER, CORRECT? YES. AND ONE, ALL FOUR OF THOSE LITIGATIONS, ALL FOUR OF THOSE CASES WERE DISMISSED. THERE WAS A TRIAL THAT, THAT, THAT MY CLIENT WON. SO THERE IS A NEIGHBORING PROPERTY OWNER WHO CHALLENGED THE OWNER WHO LEASES THE PROPERTY TO FAIL AND LOST ALL FOUR OF THOSE CHALLENGES. SO TO THE EXTENT YOU'RE GONNA RAISE THEM, I'M VERY PROUD THAT WE WERE SUCCESSFUL IN ALL THOSE LITIGATIONS. MY POINT IS THAT, YOU KNOW, YOU'VE BEEN OPERATING FOR, YOU KNOW, A COUPLE OF DECADES. THERE'S NEVER BEEN AN ISSUE. DOESN'T MEAN THAT THERE WON'T BE. AND THAT'S WHAT OUR BUILDING DEPARTMENT IS LOOKING AFTER ABSOLUTELY. TO MAKE SURE RIGHT. COUNCILMAN, SHE AND I AM MUCH MORE VESTED IN US HAVING A SAFE RECORD THERE THAN ANYBODY ELSE. RIGHT. I MY PLEDGE TO ALL MY EMPLOYEES AND THEY WILL TELL IS I WANT THEM TO GO HOME IN BETTER SHAPE THAN WHEN THEY COME IN HERE. WE DO A LOT OF SUPPORT, HELP, ET CETERA, UH, TO OUR EMPLOYEES. SO I AM, WE ARE ON THE SAME PAGE THERE, BUT I CAN'T UNDERSTAND WHY THE BUILDING DEPARTMENT WON'T MEET WITH, UM, YOU KNOW, THEO AND THEIR REPRESENTATIVES SIT AND WE COULD HAVE A SERIES OF MEETINGS AND WORK OUT EACH OF THE ISSUES. AND THEN, UM, AT THE END OF, YOU KNOW, AND, YOU KNOW, I THINK IT WOULD BE SO MUCH MORE PRODUCTIVE BECAUSE WE'RE, WE'RE NOT REALLY MAKING THAT MUCH PROGRESS AT, YOU KNOW, AT THIS HEARING RIGHT NOW. AND IT WOULD BE NICE IF WE HAD A MEETING, IF THERE WOULD BE A SERIES OF MEETINGS, MAYBE WE COULD MOVE TO THE FINISH LINE, UH, YOU KNOW, QUICKER. THERE COULD BE, UH, SOME COMPROMISES. THERE COULD BE SOME GIVE AND TAKE, UH, YOU KNOW, DISCUSSION. AND THEN WE COULD, YOU KNOW, WE WE'RE ALL SAYING WE WANNA KEEP THE BUSINESS, YOU KNOW, GOING. BUT, YOU KNOW, I ALSO THINK THAT THE FACT THAT THIS IS TAKING SUCH A LONG TIME, YOU KNOW, IT'S BEEN YEARS SINCE, UH, THEY FIRST APPLIED, YOU KNOW, I THINK IT MAKES IT TOUGHER FOR THE TOWN TO ATTRACT OTHER BUSINESSES IN THE TOWN. BECAUSE IF EVERY, UH, BUSINESS, UH, YOU KNOW, PEOPLE START SAYING THAT THEY'RE GONNA BE TORTURED BY, UM, UH, YOU KNOW, BY TOWN STAFF, WHY WOULD THEY WANNA COME HERE? THEY'LL GO TO ANOTHER COMMUNITY. AND AGAIN, WE HAVE, YOU KNOW, VACANT STORES ON CENTRAL AVENUE. WE HAVE VACANT STORES ON SOME RIVER ROAD. WE HAVE VACANT STORES ON ONE 19. WE HAVE VACANCIES ON EAST HARTSDALE AVENUE. SO, YOU KNOW, I FEEL THAT IF WE JUST SIT DOWN, HAVE THE MEETINGS WHEN WE'RE NOT ASKING THAT SAFETY BE JEOPARDIZE, WE'RE NOT ASKING FOR SPECIAL TREATMENT. WE'RE JUST SAYING EVERYBODY SIT DOWN AND SEE IF WE COULD WORK OUT, UM, SOME SOLUTIONS. AND WE'VE DONE THAT IN THE PASTS WITH, UH, A LOT OF CONTROVERSIAL LAND USE DECISIONS. AND I THINK IN THE PASTS WE'VE HAD PROBABLY LIKE A HUNDRED PERCENT SUCCESS RATE BECAUSE USUALLY WHEN WE DO THESE THINGS, WE, WE RESOLVE THE, THE PROBLEMS. SO I THINK I WAS JUST OFFENDED BY YOUR STATEMENT. WELL, AND I'M GONNA TELL YOU WHY I SAID I DO NOT BELIEVE THAT TOWN STEP TORTURED YOU. IS THAT TRUE? DID WE TORTURE YOU ALL? WE AND I THINK WE ALL CAME. OH, HE'S NOT ANSWERING SO, OH, I'M SORRY. THEY SO DID YOU, I'M SORRY. ARE ARE YOU ASKING, DID THE, I'M ASKING DID THE TOWN, DID MY, DID THE TOWN STAFF TORTURE YOU? I THINK THAT, I THINK THAT WHEN WE CAME TO AN IMPASSE WITH THE ZONING BOARD, THEY RETAINED AN EXPERT. PSNS AND PSNS SPENT A LONG TIME. THEY PROBABLY SPENT CLOSE TO A YEAR LISTENING TO THIS WHOLE THING. 'CAUSE IT IS COMPLICATED. AND THIS IS A VERY UNIQUE SITE. MM-HMM . AT THE END OF THE DAY, THEY GAVE A RECOMMENDATION. I THINK THAT THEY'RE, THEY'RE EXPERTS THAT SHOULD BE CALLED IN HERE TO HELP FINALIZE THESE PAST FEW THINGS. OKAY. SO MAYBE I ASKED MY, HOLD ON, MAYBE I [02:45:01] ASKED MY QUESTION INCORRECTLY. I'M SORRY. MM-HMM . DID THE BUILDING INSPECTOR, DEPUTY BUILDING INSPECTOR, THE BUILDING INSPECTOR, DID THEY TORTURE YOU? BECAUSE THAT WAS THE COMMENT THAT WAS MADE THAT WE HAD TORTURE YOU? NOT THAT, NOT WE, NOT WE, I'M SORRY THAT THE, I'M, EXCUSE ME. THAT THE SUPERVISOR MADE THAT WE TORTURED YOU. BECAUSE WHAT HAPPENS IS HE'S, HE'S GIVING AN IMPRESSION THAT WE ARE, THAT WE ARE NOT TRYING TO WORK WITH BUSINESSES IN OUR COMMUNITY AND THAT WE TORTURE YOU. SO I JUST WANTED TO MAKE SURE, I JUST WANT THE RECORD TO BE CLEAR. DID YOU FEEL THAT WE TORTURED YOU? I DO BELIEVE THE BUILDING INSPECTOR MISREPRESENTED ITEMS ON OUR SITE. OKAY. HE CITED US FOR HAVING PILES THAT WERE OVER 100 FEET TALL AND GETTING LARGER. WE SHOWED THAT'S PHYSICALLY NOT POSSIBLE. THAT WAS ONE OF THE REASONS WE WERE SHUT DOWN. MM-HMM . THAT IS, WE SHOWED THAT THAT IS NOT POSSIBLE HERE. I DO BELIEVE. JUST STOP RIGHT THERE. YEP. WERE THEY OVER 30 FEET, WHICH IS WHAT YOUR SITE PLAN ALLOWED THIS? YES. THEY WERE OVER 30 FEET AT THE TIME AS THEY HAD BEEN FOR THE PAST 25 YEARS. AND I'D JUST LIKE TO POINT OUT, CAN I JUST QUICKLY POINT OUT THAT THE STOP WORK ORDER WAS FOUND TO BE LEGAL BY THE ZONING BOARD OF APPEALS AND ANOTHER ATTORNEY WHO HAD REPRESENTED DALE ON THAT MATTER DECIDED NOT TO APPEAL THAT CASE. SO THAT STOP WORK ORDER WAS FOUND LEGAL. AND I'D JUST LIKE TO CLARIFY SOMETHING THAT SUPERVISOR FINER SAID. HE SAID THAT THIS APPLICATION HAS BEEN IN THE WORKS FOR YEARS. THAT'S INCORRECT. THE SITE PLAN WAS FINALLY SUBMITTED ON APRIL 21ST, 2025. SO IT'S, IT'S ACTUALLY, WELL, LESS THAN A YEAR. JUST FOR THE RECORD, THEY STARTED THIS WHOLE PROCESS, RIGHT? YOU SAID, COULD I ASK BECAUSE THERE'S SOMETHING SPECIAL ABOUT YOUR SITE. GO AHEAD. MM-HMM . YOU HAVE ELECTRICITY ON YOUR SITE. MM-HMM . DO YOU HAVE ELECTRICAL PERMITS WHEN WE GOT THIS PERMIT? WE'RE IN A SUBDIVISION. WE, YOUR BUILDING INSPECTOR HAS BEEN OUT THERE. WE'VE RECEIVED FINES FROM YOU. AND BECAUSE OF THE ELECTRIC THAT'S ON THE SITE, DID YOU HAVE ELECTRIC ON THE SITE IN 2002? I CAN'T, I DON'T RECALL. WHEN DO YOU THINK YOU GOT THE ELECTRIC? I DON'T REMEMBER. I, I, I CAN'T, I DON'T RECALL. I COULD FIND, I WILL FIND OUT. BUT WE HAD ELECTRIC PUT ON THE SITE. AGAIN, WE'RE ON A PRIVATE SITE. IF I'M ON A HOUSE, I'M ON A HOUSE. AND DAVID, YOU CAN ASK, DID YOU HAVE ELECTRICAL PERMITS? YOU KNOW WHAT? WE'RE GOING DOWN THE RABBIT HOLE HERE. DID DID, DID YOU HAVE, BECAUSE THEY SAID YOUR ATTORNEY SAID THAT THEY NEEDED A SITE PLAN, BUT THEY DIDN'T KNOW THEY NEEDED A SITE PLAN. BUT MOST PEOPLE KNOW THAT IF YOU DO ELECTRICAL WORK, YOU HAVE TO HAVE AN ELECTRICAL PERMIT. IF YOU'RE DOING PLUMBING WORK, YOU HAVE TO HAVE A PLUMBING PERMIT. AND FOR SOME REASON OR ANOTHER, YOU DIDN'T NEED ANY OF THOSE TO DO WHAT YOU DO. YOU PUT UP STRUCTURES ON YOUR SITE, BUT YOU DON'T HAVE ANY BUILDING PERMITS OR ANYTHING ELSE. COUNCILMAN SHEEN. WE DID NOT PUT UP STRUCTURES. THERE'S NOT A FOOTING ON THE SITE. I CONCUR THAT WE NEED A BUILDING PERMIT BECAUSE THE STRUCTURES HAVE BEEN THERE FOR A LONG TIME. EVERYTHING ON THERE IS PORTABLE. RIGHT. THAT, AND THAT'S THIS SITE IS, THERE'S NO FOOTINGS ON THE SITE. IF WE'RE TOLD TO LEAVE, WE CAN GET OUT OF THERE VERY QUICKLY. THERE'S NO FOOTINGS. I GET, I, I CAN SEE AFTER TALKING TO LYNN, UH, EXCUSE ME, LIZ, SHE SAID YOU NEED A BUILDING PERMIT BECAUSE THE, THE THINGS HAVE BEEN HERE FOR MORE THAN 180 DAYS FOR A CERTAIN AMOUNT OF TIME. I AGREE. WHEN SHE TOLD US THAT IN JULY OF 23 OR AUGUST OF, WE SUBMITTED PERMITS FOR ALL THE STRUCTURES. THEY'VE BEEN THERE. WE, WE WROTE, WE CUT CHECKS OUR CHECK. BUT IT DOESN'T BALANCE. 'CAUSE THE CHECKS WERE NEVER CASHED. BUT WE, WE, WE, WE DID IT RIGHT. I'M, I'M NOT OPPOSED TO GETTING PERMITS. COUNCILMAN SHEHAN, I'LL GET WHATEVER PERMIT YOU WANT. ANY PERMIT YOU WANT, I WILL GET. BUT FOR EXAMPLE, PAUSE CROSS AT THE FIRST MEETING SAID, YOU'RE SUCH A GOOD NEIGHBOR. YOU EVEN DID ELECTRICAL POLES FOR THEM. HMM. THERE WERE NO PERMITS. HOW IS IT THAT YOU, NO, NO. EXCUSE ME. SUPERVISOR IS AN ADVOCATE FOR YOU. BUT WHAT THEY SAID, HOW DID, THEY DID NOT SAY THEIR ELECTRIC POLE GOT KNOCKED DOWN. RIGHT. WE PUT IT UP, I DON'T KNOW WHETHER THEY DID IT OR NOT, BUT AS A GOOD NEIGHBOR, THEIR POLE GOT KNOCKED DOWN. IT GOT HIT, WE PUT IT UP. I SENT GUYS OUT. WE SAID, HERE WHAT? WE HAVE AN ELECTRICIAN, WE DEAL WITH PEOPLE. WE PUT UP THE POLE FOR THEM. I DON'T KNOW IF THEY GOT PERMITS, I CAN'T TELL YOU. BUT ALL WE TRIED TO DO WAS BE A GOOD NEIGHBOR TO PUT UP THEIR POLE. LIZ, ARE THERE ANY ELECTRICAL PERMITS THAT WERE TAKEN OUT ON THIS PROPERTY? I, I'LL RESEARCH PAUSE CROSS, BUT I DON'T BELIEVE SO. NO. WHAT ABOUT THEIR PROPERTY? NO. AND HOW ABOUT PLUMBING PERMITS? UH, THERE WAS A PLUMBING PERMIT THAT WAS FILED FOR, BUT IT WAS NEVER, NEVER APPROVED. NEVER APPROVED. AND YOU HAVE, YOU HAVE STRUCTURES. SO WHEN YOU RAISE, YOU KNOW, YOU DIDN'T KNOW THAT ABOUT SITE PLAN, BUT IT SEEMS LIKE YOU DIDN'T HAVE [02:50:01] TO GET PERMITS TO DO WHATEVER YOU'RE DOING. AND YOU ALSO WERE EXCEEDING THE SPECIAL PERMIT CONDITIONS, UM, FROM 2002. AND SO I'M, I'M, I'M JUST KNOWING THAT IF YOU ARE A SINGLE FAMILY HOMEOWNER AND YOU PUT ABOUT A BUNCH OF FLAGSTONE DOWN IN YOUR, IN YOUR YARD, YOU'RE GONNA GET A CALL FROM THE BILLING INSPECTOR AND YOU'RE GONNA SAY, HEY, WHAT'S YOUR PURVIEW SURFACE? BUT FOR SOME REASON OR OTHER, YOU HAVE THIS OPERATION GOING ON THERE. AND YOU DIDN'T NEED ELECTRICAL PERMITS. YOU DIDN'T NEED PLUMBING PERMITS. I, I, I DON'T UNDERSTAND HOW THAT, SO FOR 25 YEARS, COUNCILMAN SHEHAN, THE BUILDING INSPECTORS CAME OUT, THEY WALKED THE SITE WITH US. AS I SAID, WE RECEIVED, UH, ELECTRICAL VIOLATIONS FOR HAVING LIGHTS TOO HIGH FROM YOU. WE'VE DONE PLUMBING BACKFLOW INSPECTIONS FOR YEARS. SO IF THERE WAS A PERMIT THAT AT SOME POINT WAS NOT GOTTEN, I APOLOGIZE. BUT WE ARE HIGHLY REGULATED WITH ALL PERMITS BY DEC. AGAIN, WE CAN GO THROUGH THE AGENCIES AT THREE FACILITIES AT A MINE AND FISH GILL AT ANOTHER RECYCLING AND CONCRETE PLAN IN MONTROSE. AND HERE IF THERE'S A PERMIT THAT WE'RE MISSING, I APOLOGIZE. IT WAS AN OVERSIGHT. NO MISS INTENT. THERE'S NEVER BEEN. I WILL GET PERMITS. HOW DO WE MOVE FORWARD? THE, THE LAST, THIS LAST THING I WANNA SAY IS, HOW DID WE GET HERE IS BECAUSE YEAR AFTER YEAR, THE REQUIREMENT FROM THE 2020 2002 SPECIAL PERMIT WAS YOU HAD TO ANNUALLY CERTIFY THAT YOU WERE IN COMPLIANCE WITH THE SPECIAL PERMIT CONDITIONS AND YOUR COMPANY YEAR AFTER YEAR SAID, WE ARE IN COMPLIANCE. AND NOW WE CHANGED BILLING INSPECTORS. BILLING INSPECTOR GETS THAT LETTER THAT SAID, WE ARE IN COMPLIANCE WHEN THERE'S NO WAY YOU EVEN ACKNOWLEDGED BEFORE THAT IT WAS MORE THAN 30 FEET. WE GET A LE HE GETS A LETTER AND HE SAYS THAT CAN'T BE 30 FEET. NOW YOU CAN SAY, HE SAID IT'S 120, BUT IT DOESN'T MATTER. IT WAS OVER A 30. AND ONCE THAT OBVIOUSLY INCORRECT LETTER, FALSE LETTER THAT YOU WERE IN, COMPLIANCE WAS RECEIVED. AND THE BILLING INSPECTOR SAID, I'M GONNA CHECK THIS OUT. THAT'S HOW WE GOT HERE TODAY. BECAUSE YOU WEREN'T IN COMPLIANCE WITH THOSE SPECIAL PERMIT CONDITIONS, EXCEPT I WILL DISAGREE WITH YOU ON THAT ONE. IF DURING THE 25 YEARS THOSE PILES WOULD STAY AT 30 FEET, WOULD THEY OCCASIONALLY GET BIGGER? YES. WOULD WE GET A, IF YOU LOOK AT OUR VIOLATION NOTICES, AND YOU MUST HAVE SEEN THEM, THE PILES WOULD GET HIGHER. THE BUILDING IN INSPECT, WE'D COME DOWN AND WE'D KNOCK THE PILES DOWN. SO I MAINTAINED THOSE PILES. WE WERE IN COMPLIANCE WHEN WE SIGNED THOSE LETTERS EACH YEAR, INCLUDING THE DECEMBER PRIOR TO YOU GETTING THE VIOLATION. 'CAUSE THERE'S PICTURES AND THERE'S PEOPLE, PICTURES OF PEOPLE STANDING IN FRONT OF THOSE PILES. AND THEY LOOKED TINY AGAIN. NOW YOU CAN MOCK 120, BUT IT DOESN'T HAVE TO BE 120, IT HAS TO BE MORE THAN 30. BUT IN THAT, IN THAT CONDITION, YOU WERE ALLOWED TO GO HIGHER FOR A SHORT PERIOD OF TIME. I THINK IT WAS ABOUT A WEEK. AND THEN YOU'D HAVE TO KNOCK HIM DOWN. SO COUNCILMAN SHEHAN AGAIN, I DON'T WANT TO GO DOWN THE RABBIT HOLE. I'M LOOKING TO WORK WITH YOU GUYS. ALRIGHT. RIGHT. I I GET IT. 2020 HINDSIGHT IN TWO THOU, WHEN THINGS GOT BETTER, SHOULD WE HAVE COME IN? MAYBE WE DIDN'T. THE BUILDING INSPECTOR DIDN'T, WE WENT OUT THERE, WE ALWAYS WORKED HARMONIOUSLY IN HARMONY WITH THE TOWN. I WANT US TO GET BACK TO THAT POINT. I'LL TAKE THE 2002 PERMIT. LET US PUT 50 FEET UP AGAINST THE HIGH WALL, 30 FEET ON THE REST, THE, THE VOLUMES. I WE'RE A VICTIM OF OUR SUCCESS. WE RECYCLE TWO THIRDS OF THE EXCAVATED MATERIAL IN WESTCHESTER. WE ARE AN ESSENTIAL INDUSTRY. AND I APO IF, IF IT WAS THE DEC, WE, LIKE YOU SAID, WE FOLLOW THE INFORMATION, THE DEC ON THE VIOLATIONS, WE'LL SEE THAT. IF THERE'S SOMETHING THAT NEEDS TO BE CORRECTED BY ME, I WILL DO THAT. UM, OKAY. NO, I JUST THINK IT'S REALLY UNFAIR BECAUSE WHAT'S GONNA HAPPEN IS WE'RE GONNA HAVE THIS HEARING AND THEN WE WILL PROBABLY, I I ASSUME THAT YOU'RE NOT GONNA CLOSE THE HEARING AND THEN WE'RE GONNA BE DELAYED FOR ANOTHER FEW MONTHS AND THEN WE'LL BE BACK HERE IN A FEW MONTHS AND WE'LL BE TALKING ABOUT THE SAME THING. AND, UM, THEN YEAH, AND MEANWHILE NOTHING'S GONNA HAPPEN. AND MEANWHILE THEY'RE SPENDING A LOT OF MONEY. AND WHEN I SAID THEY FEEL TORTURE, AND MAYBE IT'S, I'M USING THE WORD TORTURED, I'M SAYING, YOU KNOW, I FEEL THAT IS RETREATING THEM UNFAIRLY. THAT'S WHAT I MEANT BY TORTURED, BECAUSE I FEEL THAT I WANNA GET RESULTS. AND I SORT OF FEEL THAT IF WE JUST SAT DOWN AND WE SAID TO THE BUILDING INSPECTOR WHO'S NOT HERE RIGHT NOW, IF HE SAID TO THE BUILDING INSPECTOR, DEPUTY BUILDING INSPECTOR AND SOME MEMBERS OF THE TOWN BOARD AND, UH, FAIL AND, UM, ANYBODY AND, AND THE APPLICANT, IF [02:55:01] HE SAID, WE'RE GONNA SIT DOWN AND WE'RE GONNA DISCUSS IT AND WE'RE GONNA GO THROUGH ALL THE UNRESOLVED ISSUES, AND THEN WE'RE GONNA SEE WE COULD TAKE ONE AT A TIME. WE, WE, WE WILL GET IT RESOLVED. AND THAT, YOU KNOW, AND WE WILL, WE'LL WORK OUT THINGS AND, AND YOU KNOW, THEN, YOU KNOW, A MONTH FROM NOW WE COULD GET EVERYTHING DONE AND YOU KNOW, WE WILL, WE'LL WORK OUT AN AGREEMENT. IF WE DON'T DO THAT, I GUARANTEE YOU THAT SIX MONTHS FROM NOW WE'RE GONNA BE HERE AND THERE'LL BE NO RESOLUTION. AND I DON'T THINK THAT'S REALLY FAIR. AND THAT, AND THAT'S WHY, YOU KNOW, I'M, YOU KNOW, I'M UPSET AND YOU KNOW, I FEEL THAT, UM, WITH EVERY APPLICANT WE SHOULD, WE SHOULD HAVE MEETINGS. UM, AND, AND YOU KNOW, I FEEL THAT IT'S THE JOB OF THE TOWN, UM, ALMOST TO, UH, BE A FRIEND OF OUR APPLICANTS WHERE, YOU KNOW, WE DON'T, NOBODY WANTS AN APPLICANT TO, UH, NOT BE SAFE. NOBODY WANTS US TO, NOBODY. THEY'RE NOT ASKING, UH, FOR SPECIAL TREATMENT. ALL THEY'RE ASKING IS FOR FAIRNESS. SO LET'S, WHY CAN'T WE ALL AGREE, SIT DOWN, I'LL PARTICIPATE. YOU SHOULD PARTICIPATE AND LET'S GIVE IT A TRY. AND IF IT DOESN'T WORK, THEN WE'LL KEEP GOING ON THESE HEARINGS AND, UH, TAKING UP, UH, HOURS AND HOURS AND HOURS AND GETTING NOTHING DONE. LIKE THIS MEETING I THINK IS LIKE, ALMOST LIKE A TOTAL WASTE OF TIME. AND WE'VE BEEN HERE FOR HOURS BECAUSE I, BECAUSE I FEEL THAT I DON'T, NOTHING'S BEEN, NOTHING'S BEEN ACCOMPLISHED SO FAR. I DON'T THINK, WELL, THE ONE THING WE ACCOMPLISHED, BECAUSE, YOU KNOW, SHOULD THIS GO TO LITIGATION? IF NO, I DON'T WANNA HAVE LITIGATION, I WANNA GET RESULTS. SO I LET INTERRUPT YOU IF THERE'S GONNA BE LITIGATION. WHAT WAS ON THE RECORD WAS TREMENDOUS AMOUNT OF ERRONEOUS INFORMATION THAT WAS PUT ON THE RECORD BY FAIL AT THE FIRST MEETING, INCLUDING ABOUT US, THE DOWN OF GREENBERG BURYING, UH, ASPHALT. UM, AND SO WE HAD TO CORRECT THE RECORD SO THAT BECAUSE WHATEVER GOES TO COURT IS GOING TO BE THE TRANSCRIPT. IT'S GONNA BE NOT, YOU KNOW, ONCE SOMEBODY SITS DOWN. AND WHAT I HEARD AT THE BEGINNING OF THE MEETING WAS THAT THE TOWN STAFF HAS MET WITH DALE AND THEY'VE MET REPEATEDLY WITH DALE. I KNOW I WAS OUT AT THE SITE. I THINK MOST OF US WERE OUT AT THE SITE, YOU KNOW, SEEING THE OPERATION AND THERE'S BEEN MEETINGS. BUT I HEARD AT THE BEGINNING OF THIS MEETING THAT STAFF CAN'T COMPROMISE ANY FURTHER. 'CAUSE THEN THEY'RE COMPROMISING SAFETY. SO, MR. SUPERVISOR, IF YOU WOULD LIKE TO MAKE A LIST OF WHAT ARE THE PROVISIONS THAT OUR STAFF IS SAYING ARE SAFETY RELATED, THAT YOU WOULD LIKE TO BE WAIVED, PLEASE SAY SO I WOULD LIKE TO REITERATE, OUR GOAL IS TO WORK WITH YOU TO GET TO A SOLUTION. I WOULD ASK THAT THE EXPERTS BE BROUGHT IN PSNS TO HELP US GET THERE. CAN I ASK YOU RIGHT THERE? MM-HMM . DID YOU RETAIN PSNS? NO, WE ARE NOT. NO, THEY'RE CONFLICTED OUT. HOW WAS, HOW WAS, HOW WERE THEIR, THEIR NAME ON PLANS? ASK GARY, COME ON. THAT'S NOT FAIR. BUT WITH FRANCIS, THAT'S, THAT'S NOT RIGHT. I MEAN, WHAT IS FRANCIS? THEY WERE SELECTED BY THE TOWN OF GREENBURG, NOT BY FAIL GARRETT, PLEASE. YEAH. NO, THERE'S NO ISSUE WITH PSNS FROM THE TOWN'S PERSPECTIVE. THEY HAD PREPARED A SURVEY I THINK YEARS AGO, UM, THAT WAS GONNA BE USEFUL TO THEM AND IT WAS PROVIDED TO THEM AS A COURTESY. SO, FRANCIS, I APOLOGIZE IF, IF, IF THE RECORD SEEMED UNCLEAR TO YOU. 'CAUSE YOU SAW SOMETHING IN OUR PACKET FROM PETER'S OFFICE THAT HAD PSNS IF YOU ONLY KNEW HOW MANY ITERATIONS BACK AND FORTH WITH STAFF PSNS ABOUT THESE GRAVITY BLOCKS AND THE, AND THE, AND THE, THE, UH, COUNTY TRAIL AND WHERE THE PILES WOULD BE BACK AND FORTH AND, AND LOTS OF TIME SPENT ON THAT. FINALLY, YANOS, YOUR CONSULTANT RENDERED THE VERSION OF THE PLAN THAT THE ZONING BOARD DEEMED ACCEPTABLE. WE SUBMITTED IT TO YOU AS PART OF OUR SITE PLAN. THEY DON'T WORK FOR US, THEY WORK FOR YOU. THE OTHER THING THAT I WILL STATE TO PUT ON THE RECORD, I UNDERSTAND THAT THE DEC HAS ISSUED IT NOTICES OF VIOLATIONS FOR DUMPING AND IS CURRENTLY CONDUCTING INVESTIGATIONS. WE HAVE MADE REQUESTS FOR THESE RESULTS FOR THE RESULTS OF THESE INVESTIGATIONS THROUGH THE FREEDOM OF INFORMATION LAW. AND IF IT TURNS OUT THAT ANY OF THE INFORMATION I PROVIDED WAS INACCURATE, I WILL CERTAINLY CORRECT IT AT THAT TIME. THANK YOU. CAN YOU SEND THAT REQUEST? DID YOU ALREADY MAKE THAT REQUEST OR YOU'RE MAKING IT ON THE SPOT? I DID. NO, I IT IS BEEN IN. OKAY, GREAT. THANK YOU. YOU MENTIONED THAT EARLIER. OKAY. COUNCILMAN SHEHAN. I WA HANG ON JOE. IF YOU, IF YOU HAVE A COPY. 'CAUSE I DID ASK ONE OF YOU, UM, IF ONCE I READ, UH, COMMISSIONER F'S UH, COMMUNICATION, WHICH WE GENUINELY APPRECIATED, I DID ASK IF SOMEBODY WOULD SHARE WITH US THAT VIOLATION FROM YES, I DO NOT HAVE A COPY, BUT WE WILL LOOK INTO [03:00:01] IT. YEAH, SO DO, SO DOES THE TOWN COMMISSIONER FAWN WOULD NOT HAVE WRITTEN THAT HAD HE NOT SEEN THAT VIOL DOES THE TOWN OF GREENBURG HAVE, WHAT'S THE UNDERPINNING OF THAT MEMO? WE'LL LOOK INTO IT AND WE'LL SHARE WHATEVER WE HAVE. OKAY. OKAY. SO WHERE WE SAW NEXT STEPS, IT'S ALL NEXT STEPS. I'M SORRY, DID YOU WANNA SAY NO, NO, NO. THAT'S IT. NO, I JUST, LIKE I SAID, I COME BACK TO YOU. WE ARE LOOKING TO WORK TOWARDS YOU. YOU'RE LOOKING TO WORK WITH US. WE'RE WILLING TO WORK WITH YOU. BUT OUR STAFF HAS NOW SAID THEY CAN'T COMPROMISE ANYMORE AND YOU DON'T WANT TO ACCEPT. SO WHAT HAPPENED WITH THE ZONING BOARD? THAT'S WHEN THE ZONING BOARD BROUGHT IN AN OUTSIDE EXPERT. PSNS DOES NOT WORK FOR US. RIGHT. I WOULD ASK THAT PSNS COME BACK IN AND SIT WITH US TO GET US OVER THE FINISH LINE. THEY'VE BEEN VERY HELPFUL. BUT WE ALSO HEARD THAT THIS IS NOT A MINING, YOU KNOW, SITUATION. OUR BUILDING DEPARTMENT IS THE ONE THAT MAKES THE CALL. WE HAVE, BUT AS THE SUPERVISOR SAID, WE SPENT OVER AN HOUR JUST ON ASPHALT. THAT WAS BECAUSE OF US. BECAUSE YOU UNDERSTOOD THERE WERE MULTIPLE, THERE ARE SEVERAL ISSUES. I I TRIED TO HIGHLIGHT THE, THE ISSUES RELATE TO THE, THE PAVEMENT ON THAT LOOP ROAD, THE SECONDARY CONTAINMENT, THE ABILITY TO TAKE ASPHALT INTO THE SITE. THAT DOESN'T NECESSARILY COME FROM EXCAVATIONS ONLY. UM, THE PINNING OF THE, OF ALL OF THE DIFFERENT GRAVITY BLOCKS, MAYBE SOME OF THEM CAN BE. SO WE HAVE A FEW ISSUES. WE DON'T HAVE A LOT. I I IT'S, IT'S FRUSTRATING 'CAUSE THREE YEARS WE DID ACCOMPLISH A TON. BUT THERE ARE SOME DISCONNECTS. EVEN IF WE CAN'T COME TO AN UNDERSTANDING ON THE PAVEMENT OF THE LOOP ROAD, WHICH LIZ HAS MADE IT PRETTY CLEAR TO ME. SHE DOESN'T THINK THE BUILDING DEPARTMENT'S GONNA CHANGE ITS POSITION. MAYBE THEY WILL. LET'S ASSUME THEY DON'T. I, WE COLLECTIVELY YOU WITH THE STRIPED SHIRTS, WE HAVE LIKE FIVE ISSUES THAT STILL NEED TO BE REFEREED. OUR, I THINK WHAT GLENN'S REQUEST IS WE DON'T WANT TO BURDEN YOUR, YOUR AGENDA. WE'LL DO A WORK SESSION WITH YOU. AND THAT'S ON THE RECORD. YOU, YOU TAPED THOSE. THEY'RE, THEY'RE NOT, WE'RE NOT HIDING THOSE WORK SESSIONS. IT'S JUST NOT A, NOT A REGULAR TOWN BOARD MEETING. I FEEL TERRIBLE THAT YOU'VE GOT ALL THIS TIME AND A HEARING ON THIS. FIRST, LET US SIT DOWN WITH STAFF, IF THEY WILL, AND LET'S TRY ONE MORE TIME TO, TO GO THROUGH THE FIVE OR SIX ISSUES, BOTH GARRETT AND JOE NOAH. I, I VIRTUALLY BEGGED THEM DECEMBER AND JANUARY, PLEASE. LET'S DO THAT. I DIDN'T WANT TO COME TO THIS HEARING. I KNEW EXACTLY THE FRUSTRATION. WE'D ALL REACH THE IMPASSE. WE CAN'T EVEN GET PAST ONE SIGNIFICANT ISSUE. LET'S TRY IT. IF WE CAN'T, WE CAN'T. AND IF WE'RE UNSUCCESSFUL, WE'RE UNSUCCESSFUL AND YOU GUYS WILL RENDER YOUR DECISION ISSUE A SITE PLAN APPROVAL WITH CONDITIONS THAT WE DON'T LIKE, ISSUE A SITE PLAN APPROVAL THAT WE LOVE, DENY THE SITE PLAN. YOU'RE GONNA HAVE TO DO SOMETHING. UM, WE WE'RE OTHERWISE WE'RE CAUGHT IN THIS ENDLESS LOOP. I DON'T THINK THAT'S IN THE TOWN'S INTEREST. IT'S DEFINITELY NOT IN FAILS. WE, WE SORT OF NEED TO KNOW OUR DESTINY ONE WAY OR ANOTHER. WHAT, WHAT, WHAT, WHAT MY CEO HERE IS SAYING IS HE WANTS TO TRY TO WORK THROUGH THIS AND WE MAY NOT BE ABLE TO WORK THROUGH SIX OF THE ISSUES. MAYBE WE CAN WORK THROUGH THREE OF THEM. UM, WE WORKED THROUGH THE TIRE WASH CONCEDED, WE WORKED THROUGH THE SCALES CONCEDED. UM, SO THERE WERE THINGS THAT YOU, YOU GUYS CAN CHECK ON THE TOTE BOARD. THE TOWN HAS DONE WELL, WE'RE GONNA SEE IF WE CAN REACH CLOSURE ON SOME OF THEM. UH, MAYBE I'M KIDDING MYSELF. MAYBE I'M, I'M ABOUT TO WASTE MORE TIME IN A CONFERENCE ROOM WITH LIZ AND FRANK AND JASON. DON'T, DON'T GO THERE NOW. YOU WERE DOING SO WELL. YEAH, YOU'LL BE, I THINK MY RECOMMENDATION BE TO ADJOURN TO FEBRUARY 25TH AND CLEARLY COULD HAVE TO ADUR THE POLICY HEARING. COULD WE ADJOURN THE HEARING? COULD WE SAY BETWEEN NOW AND FEBRUARY 25TH, THERE'LL BE, BE SOME MEETINGS? I MEAN, IF WE, WE REALLY HAVE TO TALK. I MEAN, I CAN'T UNDERSTAND WHY THERE'S A DISPUTE AND WE'RE NOT WILLING TO MEET WITH THE APPLICANT AND SEE IF WE CAN WORK IT OUT. I THINK IT'S LIKE YOU'RE ASSUMING THAT THEY HAVEN'T, THEY HAVE. THAT'S WHAT I'M SAYING. YOU'RE NOT GIVING THE, YOU'RE NOT GIVING STAFF CREDIT. THEY HAVEN'T HAD, WELL, WELL, I WANNA SAY I'M ASKING BETWEEN NOW AND FEBRUARY 25TH, IF THE BUILDING INSPECTOR AND REPRESENTATIVES FAIL COULD, UH, MEET AND SEE IF YOU COULD WORK OUT, UH, MEET AND GIVE, UH, NEGOTIATIONS A A CHANCE. AND IF, IF IT DOESN'T WORK, AT LEAST WE TRIED AND THEN WE WON'T BRING UP THE FACT THAT WE SHOULD MEET AGAIN WHEN WE MEET AT FEBRUARY 25TH. SO LET'S GIVE IT A TRY. YOU KNOW, THE PROBLEM IN THIS WORLD IS NOBODY MEETS, NOBODY TALKS. EVERYBODY HATES EACH OTHER. AND, UM, THAT'S WHY, UH, THE WORLD'S A MESS RIGHT NOW. THAT'S NOT WHAT'S HAPPENING WITH WELL, THAT IT IS, IT IS. BECAUSE WE'RE DOING THE SAME THING THAT WE CRITICIZE OTHER, OTHER, UH, LEVELS OF GOVERNMENT OF DOING. SO ALL I'M ASKING RIGHT NOW IS GIVE IT A CHANCE. LET'S MEET BETWEEN NOW AND FEBRUARY 25TH AND THE BOARD SHOULD DIRECT, UH, MEETINGS. [03:05:01] THAT'S ALL I'M ASKING. I'M NOT SAYING THAT THERE HA THAT WE HAVE TO COMPROMISE. WE, WE DO A BEST CASE EFFORT AND WE GO INTO THE NEXT MONTH WITH THE GOAL OF SEEING IF WE COULD REACH A CONSENSUS AND MOVE THIS THING. BECAUSE YOU KNOW WHAT? WE'RE SPENDING A FORTUNE ON LE LEGAL COSTS. SO IF WE BASICALLY REJECT THIS AND THERE'S A LAWSUIT, IT'S GONNA BE HUNDREDS OF THOUSANDS OF DOLLARS AND ADDITIONAL, UM, UH, TAXPAYER DOLLARS SPENT ON, UH, LAWSUITS, WHICH I DON'T WANNA SPEND. AND WE DON'T WANNA HAVE A LAWSUIT EITHER, RIGHT. SO WE SO THAT THE BEST WAY, BUT WE ALSO DON'T THE BEST WAY TO AVOID A LAWSUIT. WE DON'T WANNA HAVE A LAWSUIT BECAUSE SOMEBODY GOT HURT AND WE DIDN'T DO SOMETHING ABOUT IT. YEAH, BUT I'M NOT ASKING WHEN, NOBODY'S ASKING THAT. WE, UH, LOOK THE OTHER WAY WITH SAFETY. WE WANT, UH, STRICT SAFETY RULES. WE WANNA MAKE SURE THAT YOU'RE COMPLYING WITH EVERY SAFETY STANDARD. ALL I'M ASKING RIGHT NOW IS FOR A MEETING. THAT'S ALL. I HAVE A QUESTION ABOUT THE MEETING. PLEASE. WHO WOULD, WHO WOULD BE PARTICIPATING IN THE MEETING? WELL, THE BUILDING INSPECTOR, UM, AND, UM, THAO AND THE REPRESENTATIVES AND THE DEPUTY BUILDING INSPECTOR, THE TOWN ATTORNEY AND ANYBODY, UH, ON THE TOWN BOARD, INCLUDING MYSELF, WHO WOULD LIKE TO PARTICIPATE. UH, I THINK IT WOULD BE HELPFUL TO HAVE MEMBERS OF THE TOWN BOARD ON AT THAT. I, I, I THINK IT WOULD BE HELPFUL FOR US TO DISCUSS THIS WITH LEGAL COUNSEL TO MAKE SURE THAT THAT'S WHAT HE THINKS IS AN INVESTIG. YOU'RE RIGHT. A MILLION TIMES BEFORE. I THINK THAT'S A GOOD POINT. BUT WHEN, WHEN THE CEO WAS SPEAKING HIS, HIS ATTORNEY JUMPED UP SEVERAL TIMES, TOOK THE MICROPHONE AND STARTED TO SPEAK. WHAT I'M SUGGESTING IS THAT WE DO THAT OURSELVES WITH OUR TOWN ATTORNEY AND FIGURE OUT WHETHER OR NOT, HOW THE BEST WAY TO PROCEED IS ASK THAT. SORRY, GO AHEAD, ALAN. NO, NO, THANK YOU, GLENN. THAT'S OKAY. GO AHEAD. UM, I WOULD ASK THAT PSNS BE INVITED TO THE MEETING AS A THIRD PARTY. THEY'RE YOUR, THEY'RE NOT, THEY DON'T WORK FOR US. THEY'RE NOT OUR, THEY'RE NOT OUR CONSULTANTS, FRANKLY. I DON'T KNOW WHY, BUT I, YOU KNOW, I THINK, YOU KNOW, I, I DON'T KNOW WHY, HOW TO CHARACTERIZE IT, BUT THE, THEY WERE GETTING SO MUCH INFORMATION SO LATE, PARTICULARLY FROM SALE, SAME NIGHTS, AND IT WAS OVERWHELMING THEM WITH, WITH A LOT OF DISCUSSIONS AND WHO'S GONNA INTERPRET THIS AND ALL THE, AND SO THEY DECIDED THAT THEY NEEDED OUTSIDE CONSULTANTS. TOM BOARD DID NOT DECIDE THAT WE, WE RELY ON OUR STAFF. WE HAVE VERY GOOD STAFF. AND UN UNLESS YOU WANNA GET INTO A DISCUSSION ABOUT MINING AGAIN, WHICH OUR STAFF SAYS IS NOT RELATED TO WHETHER OR NOT, YOU KNOW, YOU HAVE A LOOP ROAD OR WHETHER OR NOT IT'S, IT'S CONCRETE OR ASPHALT. UM, WHAT'S, WHAT'S THE POINT, FRANCIS? JUST ONE QUICK THING, ONE PROCEDURAL THING. YOU SAID IT EARLIER, I KIND OF HEARD IT AND I LET IT GO. AND, AND NOW YOU SAID IT AGAIN. I'M NOT QUITE SURE WHO SAID THAT TO YOU AND WHERE YOU'RE GETTING THAT. UM, SAID WHAT? I'M SORRY. I SAID A LOT. THE, THE SUBMISSION ISSUE, KIRA, YOUR ZONING BOARD SECRETARY HAS SUBMISSION DEADLINES. I'M NOT AWARE IN THE TWO YEAR PERIOD THAT WE EVER MISSED A SUBMISSION DEADLINE AND SUBMITTED LATE FOR A ZONING BOARD MEETING. THERE'S NO QUESTION. THERE WAS BACK AND FORTH BETWEEN YOUR STAFF AND OUR STAFF AND CONSULTANTS WITH PSNS. BUT THIS TONIGHT IS THE FIRST TIME I THINK I EVER HEARD SOMETHING ABOUT LAST SECOND SUBMISSIONS. I, I HEARD IT EARLIER. I I DON'T RECALL THAT. ALL RIGHT. WELL, SO IT'S GONNA BE, IT'S FRANCIS, WE'VE KNOWN EACH OTHER A LONG TIME. I, I, I DON'T, I DON'T PLAY LIKE THAT. I'M PRETTY ON TOP OF MY MATTERS AND I RIDE MY CLIENTS AND THEIR CONSULTANTS TO DO THEIR JOB LIKE I DO CORRECTLY. SO I DON'T BELIEVE IN ADMINISTRATIVE AMBUSH. AND YOU CAN ASK YOUR COMMISSIONER, HE WENT TO MULTIPLE CONSULTING FIRMS BEFORE THE TOWN DECIDED TO HIRE P, S AND S BECAUSE GARRETT, I DON'T WANNA PUT WORDS IN MOUTH, THE ZONING BOARD, BUT YOU TOLD ME SOMETHING LIKE SEVERAL OF THEM SAID, WELL, WE ARE WORKING WITH Z AND STEIN ON THIS MATTER, OR THAT MATTER, OR, SO THEY ACTUALLY HAD TO FIND A CONSULTING FIRM THAT THEY WERE CON CONVINCED, WASN'T SOMEHOW CONNECTED TO ME AND MY LAW FIRM, WHICH WAS TOTALLY FINE WITH ME. SO IT WAS YOUR NEUTRAL SELECTION. AM I, AM I CORRECT ABOUT THAT, GARRETT, THAT YOU, YOU DID SHARE WITH ME THAT, UH, SEVERAL OF THEM YOU WENT TO WOULD NOT TAKE IT ON BECAUSE OF MY FIRM? YEAH. IT WAS THE ZONING BOARDS CONSULTANT THAT WE ORCHESTRATED. BUT IT'S A ZONING BOARDS CONSULTANT, WHATEVER, ZONING BOARDS CONSULTANT. NO, IT MAKES A BIG DIFFERENCE BECAUSE WE WE'RE NOW ASKING YOU, WE'RE NOW ASKING THE TOWN BOARD, AND MAYBE FRANCIS, YOU DISAGREE, BUT MAYBE THE OTHER TOWN BOARD MEMBERS WOULD CONSIDER IT IF IT WAS GOOD ENOUGH FOR EVE AND YOUR ZONING BOARD. MAYBE IT'S GOOD ENOUGH FOR YOUR TOWN BOARD. MAYBE NOT. [03:10:01] MAYBE THERE'S ANOTHER CONSULTANT YOU'D LIKE TO BRING IN. MAYBE YOU DON'T WANNA BRING IN ANYONE. WE'RE TRYING TO GIVE YOU A MECHANISM SO THAT WE CAN TRY TO FIND A WAY TO MEET EACH OTHER HALFWAY, TWO THIRDS OF THE WAY TOWARDS THE TOWN. WHATEVER IT IS, WHATEVER THE METAPHOR IS. I I, I'M CONVINCED THAT HAVING SOMEONE IN THERE PRIVATELY GO ASK YOUR STAFF. THERE'S A REASON I THINK THEY FELT VERY COMFORTABLE WITH PSNS AND THAT PSNS PROVIDED A SERVICE. GO ASK YOUR ZONING BOARD. THERE'S A REASON YOUR ZONING BOARD ADOPTED A 20 PAGE SPECIAL PERMIT RESOLUTION, AN 11 PAGE SPECIAL PERMIT RESOLUTION WITH 20 CONDITIONS THAT THEY GOT A LOT OF HELP FROM PSNS. MAYBE YOU DISREGARD THAT, BUT, UM, SO YOU ACCEPTING EVERYTHING THAT'S IN THE ZONING BOARD DECISION. SO THE, REMEMBER WHAT I SAID AT THE ANSWER? GREAT QUESTION. ANSWER NO, BECAUSE WHAT THE ZONING BOARD VOTED ON IS NOT WHAT WAS MEMORIALIZED EIGHT DAYS LATER. AND I, I PLAY FAIR, THIS TOWN PLAYS FAIR. THAT WAS AN UNUSUAL THING FOR US TO SEE. THERE'S LANGUAGE IN THAT ZONING BOARD RESOLUTION THAT I DON'T BELIEVE THE ZONING BOARD MEMBERS KNEW WAS GOING TO BE THERE. 'CAUSE IT WAS NEW. WE HAD SPENT THREE MONTHS LITERALLY DRAFTING BACK AND FORTH CONDITIONS AND THEN THINGS APPEARED AT THE LAST SECOND IN THE FINAL RESOLUTION. SO THE ANSWER TO YOUR QUESTION IS NO, I DON'T ACCEPT THAT. I THINK SOME OF THEM ARE IMP PRUDENT AND I THINK SOME OF THEM CAN BE MASSAGED AND CORRECTED. OKAY. I WILL SAY ONE OTHER THING, COUNCILMAN SHEHAN. PART OF THE REASON THAT WE OPERATE SUCH A SAFE OPERATION IS THAT THAT IS REALLY A MINI MINE. WE TREAT IT LIKE A MINING FACILITY. WE DON'T TREAT IT LIKE THE OTHER RECYCLING FACILITIES YOU SEE IN MOUNT VERNON OR, OR ELSEWHERE. SO WE HOLD EVERYTHING TO A VERY HIGH STANDARD, AND THAT IS THE REASON WHY A CO UH, AN OUTSIDE CONSULTANT COULD BE HELPFUL TO HELP GET US OVER THE FINISH LINE TOGETHER. SO ARE YOU STILL DISPUTING THE HEIGHT? IS, IS THAT ONE OF THE THINGS THAT YOU'RE NO, WE, WE REACHED CLOSURE ON THAT. NO, WE, WE, WE HAVE CLOSURE. SO THE ANGLER REPOSE ALL THAT, ALL, ALL CLOSE, ALL THAT CLOSURE ON ALL THAT. SO WHY WOULD YOU NEED SOMEBODY THAT'S INVOLVED IN MINING? BECAUSE RIGHT NOW, NO, MINE HAS A PAVED TALL ROAD. I RUN A MINE UP THERE RIGHT NOW WE'VE GOT, I DON'T KNOW, THOUSANDS OF FEET OF ROAD THERE. THAT TRUCKS GO ON ALL THE TIME. FIRE TRUCKS WITH SAME CONDITIONS HERE. WE'VE GOT STUFF UP THERE THAT CAN BURN AS WE HAVE AN ASPHALT PLANT UP THERE. LIQUID ASPHALT IS, IT'S FLAMMABLE. WE HAVE AN, WE HAVE ALL THAT. WE DON'T HAVE A PAVED ROAD UP THERE BECAUSE MINES AND QUARRIES DON'T HAVE PAVED ROADS. BUT HERE, YOU SEE THIS IS, THIS IS, THIS IS GOOD THAT IT'S ON THE RECORD. YOU'RE COMING BACK TO THE, YOU'RE COMING BACK TO THE PAVED ROAD AGAIN, WHICH WE'VE SPENT OVER AN HOUR, MAYBE AN HOUR AND A HALF AT THIS POINT, DEALING WITH, YOU WANNA BRING NOW IN A MINE EX MINE EXPERT, WHEN THE ULTIMATE CALL, ACCORDING TO THE LAW, IS THE APPROVAL AUTHORITY, WHICH IS THE BUILDING DEPARTMENT. SO WHAT IS THE PURPOSE OF THAT? IT WOULD BE NICE TO MOVE ON TO WHATEVER THE SECOND ITEM IS, OR THE THIRD ITEM IS, OR THE FOURTH ITEM IS BECAUSE YOU SPENT, JUST LIKE THE FIRST MEETING HAS BEEN ALMOST ENTIRELY ABOUT HOW GREAT YOUR OPERATION IS. THIS ONE IS ENTIRELY ABOUT A PAVED ROAD. SO IN FAIRNESS, I WENT THROUGH ALL SIX ITEMS IN MY OPENING AND THEN PETER COVERED THEM AGAIN. WE THEN AS A GROUP TOGETHER WITH YOU FOCUSED ON THE, AS ON THE ASPHALT PAVEMENT ON THE LOOP ROAD. BUT YOU HEARD ABOUT SECONDARY CONTAINMENT. YOU HEARD ABOUT THE PINNING OF THE GRAVITY BLOCKS. YOU HEARD ABOUT THE SCARIFYING OR, UM, SCRAPING OF ASPHALT, WHICH IS NOT ONLY COMING TO THE SITE, QUOTE FROM EXCAVATIONS ONLY. SO IN FAIRNESS, FRANCIS, IT'S PLEASE DON'T TELL ME, WE'VE ONLY TALKED ABOUT THE PAVEMENT OF THE LOOP ROAD. THAT WAS THE EASIEST THING THAT JUMPED OUT AND THEN WE GOT HUNG UP ON IT. SO YOU SATISFIED AT THE RECORD RIGHT NOW HAVE COVERED ALL THE TOPICS THAT YOU HAVE. SO WE MADE, THE ANSWER IS, I'M SATISFIED THAT WE MADE OUR PRESENTATION. NONE OF YOU ASKED ANY QUESTIONS ABOUT, UM, UH, ASPHALT FROM EXCAVATIONS ONLY. NONE OF YOU ASKED ANY QUESTIONS ABOUT WHY MY CLIENTS AND AND OUR CONSULTANTS THINK WE HAVE ADEQUATE SECONDARY CONTAINMENT. SO WE'RE CONVINCED WE HAVE ADEQUATE SECONDARY CONTAINMENT. WE'RE, WE'RE CONVINCED THAT YOU NEED NOT ADOPT A SITE PLAN RESOLUTION THAT SOMEHOW REQUIRES, UH, ASPHALT TO COME FROM EXCAVATIONS ONLY. UM, WE'RE, WE'RE CONVINCED. AND IN FACT, IF YOU WANT TO, I DON'T KNOW IF THE, UH, GEOTECH GUY OR THE, UM, STRUCTURAL ENGINEER IS STILL HERE. WE'RE CONVINCED THAT PETER TESTIFIED ACCURATELY ABOUT THE GRAVITY BLOCKS AND THAT THEY DON'T NEED TO BE PINNED. SO YEAH. WELL WE DISPENSED WITH THAT. RIGHT? RIGHT. DIDN'T WE? SO, SO LET, LET'S, SO RIGHT NOW THINK WE'RE JUST RESPONDING TO HIM THAT, BUT HE ONLY TALKED ABOUT THE, SO, SO IF YOU THINK THAT YOU'VE CREATED THE RECORD YOU WANT TO CREATE, DO YOU THINK WE COULD CLOSE THE HEARING AND, AND LEAVE THE RECORD OPEN [03:15:01] AND MAKE A DECISION AT THE NEXT MEETING? YOU TELL ME WHETHER YOU STILL, WHETHER YOUR BOARD HAS QUESTIONS. UM, I I DON'T KNOW WHETHER YOU HAVE ANY QUESTIONS ON, ON THESE VARIOUS ISSUES. I DON'T, NO, I DON'T, I DON'T HAVE MY INFORMATION. I'M GOOD. I DON'T HAVE ANY QUESTIONS FOR THE RECORD. ELLEN, I'M SORRY I DIDN'T HEAR WHAT YOU SAID. DO YOU HAVE ANY QUESTIONS FOR DALE? NO, I DON'T WANNA DO THAT UNLESS THAT'S WHAT YOU WANT. SO I, I DON'T WANT TO DO THAT BECAUSE I THINK WE'RE STILL AT IMPASSE AND I THINK IT, WHAT, WHAT I'M TRYING TO DO, AND YOU HEARD MY CLIENT SAY IT, AND I THINK HE MEANT IT. HE DOESN'T WANNA LITIGATE THIS. HE, HE WANTS TO COME TO SOME KIND OF AGREEMENT. UM, AND I'M, I'M AFRAID THAT IF WE END UP WITH BAD CONDITIONS, THAT YOU'LL LEAVE HIM WITH NO CHOICE. SO TO ME, KNOWING YOUR TOWN AND THIS BOARD AS I KNOW IT, THAT WOULD BE AN IMPUDENT THING FOR US ALL TO DO. UH, IF YOU TELL US THAT'S WHAT YOU'RE GONNA DO, YOU'RE GONNA DO IT. AND WE'RE ALL, YOU KNOW, WE'RE ALL ADULTS AND WE'LL DO WHAT WE HAVE TO DO TO PROTECT OUR RESPECTIVE INTERESTS. I'M NOT HERE TO DO THAT. I'VE BEEN, YOU KNOW, I'M GONNA SAY IT FOR THE FOURTH TIME. I'VE BEEN PUTTING IN WRITING, VIRTUALLY BEGGING TO, TO HAVE THE MEETING MY CLIENT HAS ASKED YOU FOR. 'CAUSE I KNOW AS A PROFESSIONAL THAT'S THE RIGHT THING TO DO. I THINK WE, WE NEED TO HAVE AN EXECUTIVE SESSION TO DECIDE WHAT TO DO. I AGREE. ALRIGHT, SO WHEN WE, I AGREE WITH YOU. RIGHT. SO I MAKE A MOTION THAT WE, UM, ADJOURN THE PUBLIC HEARING MOMENTARILY, UH, TEMPORARILY. AND THAT WE HAVE AN EXECUTIVE SESSION TO GET LEGAL ADVICE FROM OUR TOWN ATTORNEY. SECOND. SECOND. ALL IN FAVOR? AYE. AYE. AB STAND ALL VOTE YES. BUT FAVOR. PAUL SAID YES. THANK YOU. ALL RIGHT. WE, OKAY. WELCOME BACK TO THE TOWN BOARD MEETING. SO IS THERE A MOTION? WELL, IS THERE ANYBODY HERE FROM THE PUBLIC WHO WANTED TO SPEAK RIGHT ON, ON THIS ISSUE? NOT OKAY. OH, OKAY. . WE'LL HAVE PUBLIC COMMENT FOR ALL OTHER ITEMS. , HE WAS LIKE, NO. . YOU SURE? ARE YOU SURE WE GOT, WE GOT, WE GOT ANOTHER HOUR TO GO. EXPERT . BY NOW YOU BY NOW YOU ARE. OKAY. OKAY. IS IT NO. SO NO ONE ELSE? OH, HONESTY. NO ONE ELSE WANTS TO SPEAK. OKAY. NO ONE SIGNED UP. SO DID JOE, DO YOU WANNA MAKE THE MOTION THAT I WOULD LIKE COMMISSIONER DUQUESNE TO WE JUST DISCUSSED TO, TO, OKAY. YEAH, NO, WHAT I WOULD RECOMMEND IS THAT WE ADJOURN THIS PUBLIC HEARING TILL MARCH 11TH, AND THEN DAVID, JOE, AND I'LL CALL YOU, WE'LL FIGURE OUT WHAT MAKES THE MOST SENSE TO COORDINATE AND BE PRODUCTIVE WORK TOGETHER. THAT WOULD BE GREAT. FOR ALL PURPOSES. FOR ALL, FOR ALL PURPOSES. SO, PAUL, SECOND. WHOA, HE CAN'T MAKE THE MOTION. SO POLL, YOU'RE GONNA MAKE THE MOTION MAKE I MAKE THE MOTION. ALL SECOND. OH, YOU TAKE ALL IN FAVOR. AYE. AYE. DO IT. . ALL THANK. SO WE, I'M SURE WE WILL COME TO SOME RESOLVE. SOUNDS GOOD. THANK YOU VERY MUCH. HAVE A GOOD NIGHT. THANK YOU SO MUCH. THANK YOU FOR YOUR PATIENCE. SURE. THANK YOU. THANK YOU. STAY WARM. WILL YOU TRY? ALRIGHT. GOOD LUCK. OKAY. THANK YOU VERY MUCH. SORRY, I JUST WANT GIVE THE RULES. NO. OKAY. UM, IT'S ON [ PUBLIC COMMENT Advanced signup is required. A continuous five-minute limit per speaker will be strictly enforced. The clock will start when a speaker begins speaking and will not be stopped for any reason until the speaker is finished, or five minutes have elapsed, whichever occurs first. Interruptions by Town Board members, the Town Clerk or the public will not be permitted. If a speaker insists on an immediate answer, should an answer be provided, it shall be part of the speaker's five-minute allocation and not be interrupted. There will not be a second five-minute round. Any written comments sent to PublicComment@GreenburghNY.com by 4 PM the day of the hearing will be forwarded to all Town Board members in advance of the meeting for their consideration. Written comments will not be read at the meeting unless the original author is present to do so.] PUBLIC COMMENT, PUBLIC COMMENTS. WHO SIGNED UP? HOLD ON. THIS IS, AND I WOULD, I WOULD JUST LIKE TO THANK THE PUBLIC WHO WAITED THIS WHOLE TIME. YES. IN ORDER TO HAVE YOUR ABILITY TO SPEAK. BUT I WILL BE UPFRONT WITH YOU. UNFORTUNATELY, I DO HAVE TO ABIDE BY THE RULES. AND I WILL HOLD YOU TO THE FIVE MINUTE LIMIT, WHICH IS, WHICH IS KIND OF RIDICULOUS. AND CLIFF KNOWS IT BETTER THAN ANYONE. UM, THERE ARE CLOCKS ON BOTH SIDES OF THE ROOM AND THE CLOCK WILL BEGIN. ONCE YOU START SPEAKING, PLEASE SAY YOUR NAME, UM, ONCE YOU GET TO THE PODIUM. THANK YOU. SURE. ACTUALLY, UM, I'M SO SORRY. MR. ABRAMS IS FIRST AND THEN YOU CAN GO SECOND GEN, SIR. OKAY. ALL RIGHT. THANK YOU. I'LL TAKE THE HAT OFF AND EVERYTHING. THIS IS GONNA BE PROFESSIONAL BRACE YOURSELF. WE RAN IT LATE STARTS HAPPY NEW YEAR. CLIFF ABRAMS, HAPPY NEW YEAR'S. UM, TOWN SUPERVISOR, TOWN BOARD. UM, PAUL, WE TALKED ABOUT A MONTH AGO ABOUT THE, UM, PLATFORM AND UM, SCAFFOLD. THE PLATFORM IS TEMPORARY, YOU KNOW, AND UM, AND I THINK IN THE CITY THEY MADE EVERYBODY WHO HAD STAFF, THEY HAD TO TAKE 'EM DOWN. UM, THIS IS GONNA BE THE THIRD SUMMER THAT THE PLATFORM UNDER THE MANHATTAN AVENUE. UM, UNDERPASS IS GOING TO BE, NO, NO, IT WAS THE FOURTH SUMMER WOULD BE THE, YEAH, I THINK IT WAS 2023 [03:20:01] WHEN WE FIRST STARTED. TIME FLIES. I JUST FOUND OUT JAMES BROWN BEEN GOING 20 YEARS. I CAN'T BELIEVE IT WAS YEAR. I THINK IT WAS LIKE YESTERDAY. WOW. I SAID 20 YEARS. SO ANYWAY, I THINK THAT, YOU KNOW, THAT THE PLATFORM SHOULD COME DOWN, THAT IT'S A, IT'S A EYESORE. I DON'T KNOW KNOW WHY NO LEADERSHIP IN GREENBURG IS NOT HERE. I HAVE TO THROW THAT IN, IS NOT HERE COMPLAINING ABOUT A PLATFORM THAT BEEN UP FOR FOUR YEARS, YOU KNOW, AND ONCE THE TOWN BOARD MAKE THEIR DECISION OR WHATEVER GOING TO HAPPEN, YOU PUT IT BACK UP OR WHATEVER GOING TO GO THE OTHER SIDE NOT, BUT RIGHT NOW THEY HAVE THAT PLATFORM UP FOR FOUR GOING ON THE FOURTH SUMMER, I THINK. UM, IT SHOULDN'T BE UP. AND UM, I TALKED TO YOU ABOUT THAT PAUL, YOU KNOW, AND, UM, I DON'T KNOW WHAT THE PROBLEM IS. AND I KNOW THAT IN NO OTHER VILLAGE OR DALE LEY FERRY, THEY WOULD HAVE SOMETHING UP THAT LONG. , IT'S A EYESORE AND IT LOOKS BAD AND IT'S SOMETHING EASY. IT IS ONLY WOOD. I REMEMBER WHEN WE FIRST TALKED ABOUT IT, WE TALKED ABOUT, I THINK, UM, COMMISSIONER TERRENCE, UM, JACKSON WAS TALKING ABOUT THEY'RE GONNA USE THE WOOD TO DO A GARDEN OR SOMETHING BEHIND THE CENTER. YOU KNOW, YOU USED OUR WOOD TO DO OTHER THINGS, YOU KNOW, UM, GUARD WHATEVER Y'ALL NEED TO DO WITH IT. BUT I THINK IT NEEDS TO, UM, COME DOWN AND I JUST HOPE YOU'LL CONSIDER IT AND TALK ABOUT IT AND UM, AND ONCE YOU DECIDE WHAT WE WANT TO DO, WE COULD ALWAYS PUT IT BACK UP ON THE OTHER SIDE. BUT RIGHT NOW FOR SUMMER, YOU KNOW, SO, AND JOE, I'M WAITING FOR THAT EMAIL FROM YOU. I SAID IT WOULD TAKE A FEW WEEKS. YEAH. THIS IS WEEK TWO, RIGHT? Y YES IT IS. NO, WE CAN TALK. WHY DON'T YOU GIMME A CALL AND WE'LL, WE'LL GO OVER IT. I WILL DO. OKAY. HEY, THAT'S ALL. THANK YOU. SO A COUPLE OF WEEKS IS TWO. HE SAID A FEW. I WAS GONNA GO THERE. I WAS GONNA GO THERE, BUT, ALRIGHT. I, I GO FOR THAT. THANK, GIMME A CALL AND WE'LL WORK IT OUT AND I'LL, I'LL GET IT ON FOR, APPRECIATE IT. ALRIGHT. OKAY. IT'S GONNA BE A GOOD YEAR. WOW. DAMN. THAT WAS A VERY INTERESTING, I'M HEARING, YOU KNOW, I WAS WORK, I WAS GETTING UPSET SITTING THERE, BUT IT WAS VERY INTERESTING, YOU KNOW. WELL, I LOVE, SO AT, AT LEAST WE GAVE YOU SOME ENTERTAINMENT FOR YOUR NO, IT WAS GOOD. NO, WE GAVE YOU, WE WE GAVE YOU SOME LESSONS AND I LEARNED SOMETHING. THANK YOU. ALRIGHT. RIGHT. THANK YOU. HAVE A GOOD NIGHT OUTSIDE. HE CALLED ME A SURGEON. . YES. HE CALLED SURGICAL. SURGICAL. SURGICAL. HI, IF YOU CAN COME UP SIR AND GIVE THIS YOUR NAME. OH, HE'S NOT SPEAKING. I MEAN, NOT LIKE THAT. I'M SORRY, DYLAN. HE'S PART OF THE, HE'S PART OF THE FURNITURE. HE'S PART OF THE TEAM. I'LL KEEP, HE'S PART OF THE FURNITURE. . I'LL KEEP IT ROLLING ON THE SIDE. CAN THE CLOCK THE EVENING? CAN YOU RESET THE CLOCK FOR HIM PLEASE? THERE YOU GO. THAT'S HE EVEN, HE'S BEEN HERE LONG ENOUGH. HE KNOWS ABOUT THE CLOCKS THE TIME. THAT'S RIGHT. MEMBERS OF THE TOWN BOARD. MR. SUPERVISOR. MY NAME IS SCOTT DUBIN. I'M A RESIDENT OF HARTSDALE. WHEN MY CHILDREN WERE OLD ENOUGH TO ASK, I TOLD THEM THAT PAYING OUR TAXES WAS AN ACT OF CIVIC PRIDE. THAT'S HOW WE FUND SHARED THINGS THAT MAKE OUR TOWN WORK AND IT MAKES IT WONDERFUL. ROADS, PARKS, PLAYGROUND, SCHOOLS AND SERVICES THAT WE AND OUR NEIGHBORS NEED TODAY. I READ THE RECENTLY RELEASED FORENSIC AND FINANCIAL PERFORMANCE REVIEW COVERING FISCAL YEARS 2020 TO 2023. THAT'S WHY I'M HERE TONIGHT AFTER 11:00 PM INSTEAD OF PUTTING MY CHILDREN TO BED. TO BE HONEST, READING THAT REPORT WAS EXHAUSTING AS TO HAVE BEEN MANY OF THE CONVERSATIONS ABOUT THAT REPORT THAT HAVE FOLLOWED, NOT BECAUSE OF THE POLITICAL ELEMENT IN WHICH I PARTICIPATE AS A DEMOCRATIC DISTRICT LEADER, BUT BECAUSE IT DESCRIBES A FAILURE IN THE MOST BASIC WORK OF GOVERNMENT. THE COLLECTION OF DUE REVENUE, THE ENFORCEMENT OF DUE PENALTY, THE MAINTENANCE OF BASIC FINANCIAL CONTROL, AND THE EXECUTION OF DULY ADOPTED POLICY. AS I READ AND REREAD IT, I FOUND MYSELF ASKING A VERY SIMPLE QUESTION. IF SO MUCH MONEY OWED TO THIS TOWN CANNOT BE COLLECTED, WHY DO MY TOWN BOARD RECENTLY VOTE TO TAKE MORE FROM ME? I'M NOT HERE TO ASSIGN SINGULAR BLAME, IT IS NOT PRODUCTIVE NOR ENOUGH OF A REASON FOR ME TO MISS STORY TIME WITH MY KIDS. WHAT CONCERNS ME IS THAT THE REPORT DESCRIBES FAILURES ON SUCH A LEVEL THAT IMMEDIATE RAISES THE QUESTION. IF THE TOWN HAS OUTGROWN ITS CURRENT GOVERNANCE MODEL, ONE THAT PLACES OPERATIONAL RESPONSIBILITY WITH ELECTED OFFICIALS WHO ARE EXPECTED TO SERVE AS POLICY MAKERS, OVERSEERS, ACCOUNTANTS, AND [03:25:01] LAWYERS, MANY IN PART-TIME POSITIONS. AND THAT CLEARLY TOO MUCH POWER HAS BEEN INVESTED IN ONE INDIVIDUAL. THAT IS NOT CRITICISM OF AN INDIVIDUAL. IT IS RECOGNITION OF A STRUCTURAL LIMIT. MANY, MANY MUNICIPALITIES IN WESTCHESTER, BOTH SMALLER AND LARGER THAN GREENBERG HAVE ADDRESSED THESE ISSUES BY ADOPTING A TOWN OR CITY MANAGER MODEL. IN THAT MODEL, ELECTED OFFICIALS SUCH AS YOURSELVES DO WHAT YOU DID SO WELL TONIGHT ADJUDICATE AND ARGUE ABOUT ISSUES OF POLICY. AND THEN A PROFESSIONAL NONPOLITICAL APPOINTEE IS ASKED TO OVERSEE GOVERNMENT AND ADMINISTRATION. FRANCIS FUKIAMA SAID GOOD GOVERNMENT IS ABOUT RULE FOLLOWING TECHNOCRATIC COMPETENCE AND THE ACCUMULATION OF SMALL IMPROVEMENT OVER TIME. WHEN IT WORKS PROPERLY, IT DOES NOT GENERATE DRAMA. IT WAS SUGGESTED TO ME TODAY BY THREE PEOPLE THAT TO EARN ANY REAL CONSIDERATION FOR THE MERITS OF MY CONCERN, THE ONLY VEHICLE WAS TO RUN FOR OFFICE. NO THANK YOU. ACTUALLY, I DO NOT BELIEVE THAT THE ISSUES CONFRONTED IN THAT REPORT CAN BE SOLVED AT ANY BALLOT BOX. IN FACT, MY ASSERTION IS THAT IT MAY BE BETTER SERVED THAT THE RESIDENTS OF GREENBURG MAY SIMPLY BE BETTER SERVED TO REMOVE THIS QUESTION OF IF OUR GOVERNMENT CAN FUNCTION APPROPRIATELY FROM THE BALLOT BOX AND DECISIONS OF THE BALLOT BOX. I BELIEVE THERE'S A BETTER REGULARLY UTILIZED WAY TO ADDRESS THESE ISSUES AND IT WILL LIKELY BE CHEAPER FOR THE TAXPAYER LONG-TERM. THAT IS THE HIRING AND EMPOWERMENT OF A PROFESSIONAL TOWN MANAGER. I'VE COME HERE TO RESPECTFULLY REQUEST OF THE TOWN BOARD. IT IS MY UNDERSTANDING THAT ON TUESDAY YOU'LL BE WORKING SESSION IN WHICH THE RESULTS OF THAT AUDIT ARE TO BE REVIEWED. I CALL UPON YOU TO BRING TOGETHER A COMMITTEE MEMBERS OF THE TOWN BOARD AND RESIDENTS TO LAY OUT AND TO ASK THE QUESTION, IS GREENBERG'S ADMINISTRATIVE MODEL CAPABLE AT THIS POINT OF RULE FOLLOWING TECHNOCRATIC COMPETENCE, ACCUMULATING SMALL IMPROVEMENT OVER TIME? OR WILL IT CONTINUE TO ONLY DELIVER DRAMA? THANK YOU FOR YOUR TIME AND CONSIDERATION. THANK YOU VERY MUCH FOR YOUR COMMENTS. THANK, THANK YOU. THANK YOU. THANK YOU DEVIN, YOU'RE NEXT? I'M GOOD. . UM, OKAY. NEXT, UM, IF THAT'S OKAY. [ BOARDS & COMMISSIONS Appointment of Natasha Robinson as an Alternate Member of the Planning Board, for a term to expire December 31, 2026 Appointment of Marc Pillinger as a Full Time Member of the Planning Board, for a term expire to December 31, 2027 Appointment of Sharon Makower as an Alternate Member of the Board of Ethics, for a term to expire December 31, 2030] UH, APPOINTMENT OF NATASHA ROBINSON AS AN ALTERNATE MEMBER OF THE PLANNING BOARD FOR A TERM TO EXPIRE, UH, DECEMBER 31ST, 2026. I'D LIKE TO MOVE THAT SECOND ON FAVOR, AYE. AYE. APPOINTMENT OF MARK INGER AS A FULL-TIME MEMBER OF THE PLANNING BOARD FOR A TERM EXPIRE TO, UH, TO DECEMBER 31ST, 2027. I'D LIKE TO MOVE THAT SECOND ON FAVOR AYE APPOINTMENT OF SHARON MAKEOVER OR AS AN ALTERNATE MEMBER OF THE BOARD OF ETHICS FOR TERM TO EXPIRE DECEMBER 31ST, 2030. I'D LIKE TO MOVE THAT SECOND IN FAVOR, AYE. [ TB 1 - 01/28/2026 Resolution authorizing the Town Supervisor to enter into a one-year contract commencing January 1, 2024 through December 31, 2024 with the Village of Irvington for fire protection services to the East Irvington Fire Protection District, at a cost not to exceed $128,341] AYE. T ONE RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO ENTER INTO A ONE YEAR CONTRACT COMMENCING JANUARY 1ST, 2024 THROUGH DECEMBER 31ST, 2024 WITH THE VILLAGE OF IRVINGTON FOR FIRE PROTECTION SERVICES TO EAST IRVINGTON FIRE PROTECTION DISTRICT AT A COST NOT TO EXCEED $128,341. I'D LIKE TO MOVE THAT SECOND IN FAVOR, AYE. AYE. AYE. [ TB 2 - 01/28/2026 Resolution authorizing the Town Supervisor to enter into a one-year contract commencing January 1, 2025 through December 31, 2025 with the Village of Irvington for fire protection services to the East Irvington Fire Protection District, at a cost not to exceed $212,063] T TWO RESOLUTION AUTHORIZING TOWN SUPERVISOR TO ENTER INTO ONE YEAR CONTRACT COMMENCING JANUARY 1ST, 2025 THROUGH DECEMBER 31ST, 2025 WITH THE VILLAGE OF IRVINGTON FOR FIRE PROTECTION SERVICES TO THE EAST IRVINGTON FIRE PROTECTION DISTRICT AT A COST NOT TO EXCEED $212,063. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. AYE. T I'M SORRY. BEFORE YOU GO JOE, DID YOU SAY AT THE BEGINNING OF THE MEETING, UH, THAT WE HAVE ONE PERSON WHO'S REMOTE BUT WE HAVE A CLIENT ON A PUBLIC ACCESSIBLE I DID LOCATION? YES. OKAY. I [ TB 3 - 01/28/2026 Resolution of the Town Board of the Town of Greenburgh approving the petition by Paige Brodsky extending the Finmor Sewer District to include property located at 2121 Saw Mill River Road, Tax Map ID 7.380-195-5 in the Town of Greenburgh after Public Hearing] JUST DIDN'T HEAR IT. THANK YOU. T THREE RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GREENBURG APPROVING THE PETITION BY PAIGE BRODSKY EXTENDING THE FINMORE SEWER DISTRICT TO INCLUDE PROPERTY LOCATED AT 2 1 2 1 SOMO RIVER ROAD, UM, IN THE TOWN OF GREENBURG AFTER PUBLIC HEARING. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. A AYE. A [ TB 4 - 01/28/2026 Resolution of the Town Board of the Town of Greenburgh approving the petition by Michael P. Teverbaugh, Sr. & Karen Teverbaugh extending the Finmor Sewer District to include properties located at Van Cott Avenue, Tax Map IDs 7.520-316, lots 8, 11, 12, 13, 14, & 15 in the Town of Greenburgh after Public Hearing] T FOUR RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GREENBURG APPROVING THE PETITION BY MICHAEL ERBA, UH, SENIOR AND KAREN ERBA EXTENDING THE FINMORE SEWER DISTRICT TO INCLUDE PROPERTIES LOCATED AT VANCO AVENUE TAX MAP. ID 7 5 2 0 3 1 16 SLOTS. 8 11 12 13 14 15 IN THE TOWN OF GREENBURG AFTER PUBLIC HEARING. I'D LIKE TO MOVE THAT SECOND IN FAVOR. AYE. AYE. TB [ TB 5 - 01/28/2026 Resolution adopting the Town of Greenburgh Fleet Usage and Driver Safety Policy and the affiliated Annual Take-Home Vehicle Justification form and the Accident/Incident Report form] FIVE RESOLUTION [03:30:01] ADOPTING THE TOWN OF GREENBURG FLEET USAGE AND DRIVER SAFETY POLICY AND AFFILIATED ANNUAL TAKE HOME VEHICLE JUSTIFICATION FORM IN THE ACCIDENT AND INCIDENT REPORT FORM. WOULD LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. AYE. AYE. UM, [ TB 6 - 01/28/2026 Resolution of the Town Board of the Town of Greenburgh authorizing the continued retention of Dorf Nelson & Zauderer LLP to represent the Town in matters related to the NYS Chapter Amendment affecting potential Village Incorporation requirements for an additional $50,000; $300,000 total.] T SIX, UH, RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GREENBURG AUTHORIZING THE CONTINUED RETENTION OF RF NELSON AND ZADER TO REPRESENT THE TOWN IN MATTERS RELATING TO NEW YORK STATE CHAPTER AMENDMENT AFFECTING POTENTIAL, UH, VILLAGE INCORPORATION REQUIREMENTS FOR AN ADDITIONAL 50,300,000 TOTAL. I'D LIKE TO MOVE THAT. UH, JOY SECOND . ALL FAVOR. [ TB 7 - 01/28/2026 Resolution of the Town Board of the Town of Greenburgh designating Town Clerk Lisa Maria Nero as the town’s delegate to the NYS Association of Towns Annual Business meeting to be held February 14-17, 2026] AYE. TV SEVEN RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GREENBURG DESIGNATING TOWN CLERK LISA MARIA NERO AS A UM, TOWN, YOU GONNA PUT THE STATE ASSOCIATION OF TOWN'S ANNUAL BUSINESS MEETING TO BE HELD FEBRUARY 14TH THROUGH 17TH 2026. I'D LIKE TO MOVE THAT SECOND IN FAVOR, [ TB 8 - 01/28/2026 Resolution of the Town Board of the Town of Greenburgh approving specified travel and related expenses for Town Clerk Lisa Maria Nero to attend the New York State Association of Towns Meeting as a Delegate held on February 14-17, 2026] AYET V EIGHT, UH, UH, RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GREENBURG APPROVING SPECI SPECIFIED TRAVEL AND RELATED EXPENSES FOR TOWN CLERK LISA MARIA NERO TO ATTEND THE NEW YORK STATE ASSOCIATION OF TOWNS MEETINGS OF THE DELEGATE HELD ON FEBRUARY 14TH, 17TH 2026. I'D LIKE TO MOVE BACK. SECOND. ALL IN FAVOR? AYE. AYE. UM, [ AT 1 - 01/28/2026 Resolution authorizing the retention of the law firm of Morris Duffy Alonso Faley & Pitcoff to represent the Town of Greenburgh in the matter of Alexandra Gordon & Cecilia Gordon v. the Town of Greenburgh, for an amount not to exceed $25,000] ATT ONE RESOLUTION AUTHORIZING THE RETENTION OF THE LAW FIRM OF MA DUFFY ALONSO BAILEY AND PITT CUFF TO REPRESENT THE TOWN OF GREENBURG IN THE MATTER OF ALEXANDRA GORDON AND CECILIA GORDON VERSUS THE TOWN OF GREENBURG FOR AN AMOUNT NOT TO EXCEED 25,000. I'D LIKE TO MOVE THAT SECOND IN FAVOR, AYE. AYE. [ AT 2 - 01/28/2026 Resolution authorizing settlement of property damage related Claim, File No.: 12/25C, by Susan Belkin, for an amount not to exceed $827.96] TWO RESOLUTION AUTHORIZING SETTLEMENT, A PROPERTY DAMAGE RELATED CLAIM FILE NUMBER 1225 C BY SUSAN BALKAN FOR AN AMOUNT NOT TO EXCEED 8 2 7 AND 827 90 6 CENTS. I'D LIKE TO MOVE THAT SECOND. OH SECOND , CAN YOU HEAR ME? YES, YES, YES. OKAY. ARE YOU WAITING? YES. ALL IN FAVOR? ALL IN FAVOR. [ AT 3 - 01/28/2026 Resolution authorizing the retention of Thomas J. Troetti, Esq., to represent the Co-Administrators of the estate of Detective Robert Willard in the matter of Leonard Mack v. Town of Greenburgh, et al., for an amount not to exceed $25,000] AYE. 83 RESOLUTION AUTHORIZING YOUR RETENTION OF TOM TRADY TO REPRESENT UH, THE COAD ADMINISTRATORS OF THE STATE OF DETECTIVE WILL ROBERT WILLARD IN THE AMOUNT OF LEONARD MACK VERSUS TOWN OF GREENBURG FOR AN AMOUNT NOT TO EXCEED 25,000. I WOULD LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. AYE. [ AT 4 - 01/28/2026 Resolution authorizing tax certiorari settlement with petitioner Dobbs Ferry Apt. Court Inc. for property located at 269 Broadway. The Town’s share of the refund is $1,076±; the County’s share is $7,279±; the No. Yonkers Sewer District’s share is $1,314±; the Dobbs Ferry Union Free School District’s share is $349,500±. Refunds from all sources total $359,220±] AYE. AT T FOUR RESOLUTION AUTHORIZING TAX TERTIARY SETTLEMENT WITH PETITIONER DOBS AT UH, APARTMENT COURT FOR PROPERTY LOCATED AT 2 69 BROADWAY. UH, THE TOTAL AMOUNT IS THREE $59,220. I'D LIKE TO MOVE THAT SECOND IN FAVOR, AYE. AYE. [ AT 5 - 01/28/2026 Resolution authorizing tax certiorari settlement with petitioner The Landing on the Water at Dobbs Ferry Condominium for property located at Landing Drive & Hudson Drive. The Town’s share of the refund is $10,744±; the County’s share is $66,487±; the No. Yonkers Sewer District’s share is $14,513±; the Dobbs Ferry Union Free School District’s share is $530,264±. Refunds from all sources total $622,009±] A FIVE RESOLUTION, UH, AUTHORIZING TAX TERTIARY SETTLEMENT WITH PETITIONER THE LANDING ON THE WATER AT DOPPS FERRY CONDOMINIUM FOR PROPERTY LOCATED LANDING DRIVE IN HUDSON DRIVE REFUNDS FROM ALL SOURCES TO $622,009. I'D LIKE TO MOVE THAT SECOND. OKAY, WELL SHE SAID IT WELL. YOU'LL NEED TO WORK. COME ON. . THIS ONE WE GET THE CHOICE ON THIS AGAIN. ALL IN FAVOR? AYE. [ AT 6 - 01/28/2026 Resolution authorizing the Town Supervisor to enter into an Inter-Municipal Agreement with The Hartsdale Public Parking District (HPPD) to reimburse HPPD the costs of personnel and benefit expenses for a Full-Time Parking Enforcement Officer and two Part-Time Parking Enforcement Officers from January 1, 2026 to December 31, 2026, in an amount not to exceed $118,390] A SIX RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO ENTER INTO, INTO MUNICIPAL AGREEMENT WITH THE HARTSDALE PUBLIC PARKING DISTRICT TO REIMBURSE EIGHT, THE HART PARKING DISTRICT, UH, THE COST OF PERSONNEL AND BENEFIT EXPENSES FOR FULL-TIME PARKING ENFORCEMENT OFFICER AND TWO PART-TIME PARKING ENFORCEMENT OFFICERS FROM JANUARY 1ST, 2026 TO DECEMBER 31ST, 2026. UH, THE AMOUNT NOT TO EXCEED 118,390. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. [ CD 1 - 01/28/2026 Resolution issuing a negative declaration for the SEQRA determination of the Town Board of the Town of Greenburgh with respect to a project involving the construction and placement of ballfield lighting in West Rumbrook Park in the Town of Greenburgh] CD ONE RESOLUTION IS A NEGATIVE DECLARATION FOR THE SEEKER DETERMINATION OF THE TOWN BOARD OF THE TOWN OF GREENBURG WITH RESPECT TO PROJECT INVOLVING THE CONSTRUCTION AND PLACEMENT OF BALLFIELD LIGHTING IN WEST BROOK PARK IN THE TOWN OF GREENBURG. I'D LIKE TO MOVE THAT JOY. SECOND. ALL FAVOR. AYE. [ CD 2 - 01/28/2026 Resolution affirming that the Town Board of the Town of Greenburgh approves exemptions from the Code of the Town of Greenburgh related to a proposed lighting project at West Rumbrook Park] RELU, CEDT RESOLUTION AFFIRMING THAT THE TOWN BOARD OF THE TOWN OF GREENBURG APPROVES EXEMPTIONS FROM THE CODE OF THE TOWN OF GREENBURG RELATED TO A PROPOSED LIGHTING PROJECT AT WESTBROOK PARK. I'D LIKE TO MOVE THAT SECOND. OH FRANCIS [ CD 3 - 01/28/2026 Resolution (1) accepting a $400,000 award in connection with a Stormwater Advisory Board Grant administered by Westchester County for Advanced Design Funding for the Hartsdale Brook Flood Mitigation Project; and (2) authorizing the Town Supervisor to execute a related contract] CD UH, THEORY RESOLUTION ACCEPTING A $400,000 AWARD IN CONVICTION WITH STONEWATER ADVISORY BOARD GRANT ADMINISTERED. OH ABSOLUTELY. BY THE WESTCHESTER COUNTY. THERE YOU GO. FOR ADVANCED DESIGN FUNDING FOR THE HARTSDALE BROOK FLOOD MITIGATION PROJECT AND AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE, UH, RELATED CONTRACT. I'D LIKE TO MOVE THAT SECOND. THAT'S GREAT. YES. ALL IN FAVOR? AYE. AYE. [ CD 4 - 01/28/2026 Resolution authorizing the Department of Community Development & Conservation to issue a Request for Proposals (RFP) for construction bids related to the next phase of restoration at Odell House Rochambeau Headquarters, located at 425 Ridge Road, Hartsdale, NY 10530] WHAT? MITIGATION CD WE'RE REALLY PUNCHY NOW. UH, RESOLUTION AUTHORIZING THE DEPARTMENT OF COMMUNITY, UH, DEVELOPMENT AND CONSERVATION TISSUE REQUEST FOR PROPOSALS FOR CONSTRUCTION BIDS RELATED TO THE NEXT PHASE OF RESTORATION AT ODELL HOUSE HAM BOW HEADQUARTERS. UH, LOCATED AT 4 25 RIDGE ROAD IN HARTSDALE. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. [ CO 1 - 01/28/2026 Resolution authorizing Fiscal Year 2025 budget transfers] AYE. CO ONE RESOLUTION AUTHORIZING FISCAL YEAR 2025. BUDGET TRANSFERS. I'D LIKE TO MOVE THAT JOY SECOND [03:35:01] GIVE US A CHANCE. ALL IN FAVOR? AYE. AYE. [ CO 2 - 01/28/2026 Resolution acknowledging the required examination and audit for 2024 of the Justice Court Records and Dockets conducted in compliance with Section 2019-a of the Uniform Court Act] CO TWO RESOLUTION ACKNOWLEDGING THE REQUIRED EXAMINATION ANOINTED, UH, OFFER 2024 OF THE JUSTICE COURT RECORDS AND DOCKETS CONDUCTED IN COMPLIANCE WITH SECTION 2 0 1 9 OF THE UNIFORM COURT ACT. I'D LIKE TO MOVE THAT 2 0 9 DASH EIGHT SECOND. ALL IN FAVOR? AYE. [ CO 3 - 01/28/2026 Resolution authorizing Fiscal Year 2026 budget transfers] AYE. C OH THREE RESOLUTION AUTHORIZING FISCAL YEAR 2 0 2 6. BUDGET TRANSFERS. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR OF AYE. AYE. [ CO 4 -01/28/2026 Resolution authorizing Fiscal Year 2026 Budget Amendment to increase the Water Equipment Rental Account] CO FOUR, UH, RESOLUTION AUTHORIZING FISCAL YEAR 2 0 2 6. BUDGET AMENDMENT TO INCREASE THE WATER EQUIPMENT RENTAL ACCOUNT. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. [ CO 5 - 01/28/2026 Resolution authorizing Fiscal Year 2026 Budget Amendment to reclass funds to cover the cost of a Building Maintenance Van] AYE. CO FIVE RESOLUTION AUTHORIZING FISCAL YEAR TO OH TWO SIX. BUDGET AMENDMENT TO RECLASS FUNDS TO COVER THE QUEST OF A BUILDING MAINTENANCE SPAN. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. [ PR 1 - 01/28/2026 Resolution authorizing the Town of Greenburgh Department of Parks and Recreation to accept a $3,000 donation for the purchase of two (2) park benches in memory of the Honorable Eddie Mae Barnes and Claudia White from the Kiwanis Club of Hartsdale] P OF ONE RESOLUTION OF RESIDENT TOWN OF GREENBURG, DEPARTMENT OF PARKS AND RECREATION TO ACCEPT A $3,000 DONATION FOR THE PURCHASE OF TWO PARK BENCHES. IN MEMORY, THE HONORABLE EDDIE MADE BARNES AND CLAUDIA WHITE FROM THE KIWANIS CLUB OF HARSDALE. I'D LIKE TO MOVE THAT SECOND ON FAVOR. AYE. AYE. [ PO 1 - 01/28/2026 Resolution authorizing the implementation of a Drone First Responder program for public safety purposes ] PO ONE, UH, RESOLUTION AUTHORIZING IMPLEMENTATION OF A DRONE FIRST RESPONDER PROGRAM FOR PUBLIC SAFETY. I'D LIKE TO MOVE THAT SECOND. SECOND ON FAVOR. AYE. AYE. JUST BECAUSE SHE JUMPED BECAUSE SHE WANTED TO DO THE EDDIE BAYE BAR, IT DOESN'T MEAN THAT WELL NO, IT'S OKAY. YOU KNOW, NEXT ONE'S ALL YOURS. I DID THE DRONES. WELL, WE GOTTA BE [ PO 2 - 01/28/2026 Resolution authorizing the Police Department to go to bid for medical supplies to be used in 2026] HERE AT MIDNIGHT. TWO RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO GO TO BID FOR MEDICAL SUPPLIES TO BE USED IN 2026. I'D LIKE TO MOVE THAT SECOND [ PW 1 - 01/28/2026 Resolution awarding an on-call contract for professional services for drinking water projects to D&B Engineers and Architects D.P.C. as one of the two best qualified and most responsible proposers, for an amount not to exceed $3,000,000 (held over to Town Board Meeting of February 11, 2026)] [ PW 2 - 01/28/2026 Resolution awarding an on-call contract for professional services for drinking water projects to Delaware Engineering D.P.C. as one of the two best qualified and most responsible proposers for an amount not to exceed $3,000,000 (held over to Town Board Meeting of February 11, 2026)] PW ONE AND PW TWOS HELD OVER, [ PW 3 - 01/28/2026 Resolution rescinding Resolution PW-1 – 01/14/2026 and awarding a professional services agreement for the Highway and Sanitation Garage spill remediation to D&B Engineers and Architects, D.P.C. for an amount not to exceed $56,998.70] UH, PW THREE RESOLUTION OF RESCINDING PW ONE AND AWARDING A PROFESSIONAL SERVICE AGREEMENT FOR THE HIGHWAY AND SANITATION GARAGE. FULL REMEDIATION TO D AND B ENGINEERS AND ARCHITECTS FOR AN AMOUNT NOT TO EXCEED $56,998 AND 70 CENTS. I'D LIKE TO MOVE THAT SECOND IN FAVOR, AYE. AYE. I GO AFTER. AND THE LAST, UH, BUT NOT LEAST, [ PW 4 - 01/28/2026 Resolution authorizing the extension of Michael Broder as a consultant to assist the Department of Public Works for Calendar Year 2026, for an amount not to exceed $35,000] PW FOUR. A RESOLUTION AUTHORIZING EXTENSION OF MICHAEL BRODER AS A CONSULTANT TO ASSIST THE DEPARTMENT OF PUBLIC WORKS FOR CALENDAR YEAR 2026 FOR AN AMOUNT NOT TO EXCEED 35,000. I'D LIKE TO MOVE THAT SECOND. I'D LIKE TO MOVE THAT ADJOURN SECOND FAVOR. AYE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.