[00:00:02]
I WOULD LIKE TO HAVE A, DO I NEED TO OPEN[ TOWN OF GREENBURGH OFFICE OF THE TOWN BOARD 177 Hillside Avenue, Greenburgh, NY 10607 Tel: 914-989-1525 Fax: 914-993-1541 https://greenburghny.com/485/Watch-Live-Board-Meetings ]
UP THE, WE'RE STILL IN WORK SECTION SECTION SO WE COULD MOVE TO THE NEXT ITEM.SO THE NEXT ITEM, THE AGENDA IS THE FALL APPEAL NUMBER 1244.
IS THERE ANYBODY? THERE'S NO ONE IN ATTENDANCE.
SAM, IS THERE ANYBODY ON ZOOM FOR THE APPLICANTS? NO.
I, I WILL GIVE A BRIEF DESCRIPTION TO THE BEST OF MY ABILITY, BUT I DON'T HAVE ALL OF THE INFORMATION, SO I WAS HOPING THE APPLICANTS WOULD BE HERE TODAY.
UM, I OFF ALSO OFFERED TO DISCUSS THIS WITH THE APPLICANTS SEVERAL WEEKS AGO, PROBABLY OVER A MONTH AGO, EITHER BY PHONE OR IN PERSON.
AND, UM, THAT REQUEST WENT UNFULFILLED.
SO I'D JUST LIKE TO CLARIFY FROM THE OUTSET THAT I'M NOT THE RECORDS ACCESS OFFICER.
OF COURSE THE CLERK IS THE RECORDS ACCESS OFFICER.
SO I SEE SOMETHING IN THE APPEAL THAT IMPLIES OR MAKES REFERENCE TO THE FACT THAT THE TOWN ATTORNEY IS MAKING THESE DETERMINATIONS.
I AM NOT IN FOIL MATTERS AND IN OTHER MATTERS I PROVIDE LEGAL GUIDANCE.
UM, MY GUIDANCE HERE WAS I WAS HAVING DIFFICULTY LOCATING AND IDENTIFYING THE RECORDS SOUGHT BASED ON THE SEVERAL PAGES OF DOCUMENTATION PROVIDED TO US.
I APPROACHED SEVERAL OTHER ATTORNEYS IN MY OFFICE, THEY WERE HAVING THE SAME ISSUE.
I THEN WALKED OVER TO THE CLERK'S OFFICE, SPOKE TO THREE MEMBERS OF THE CLERK'S OFFICE.
WE DID NOT KNOW WHAT THE APPLICANTS WERE LOOKING FOR.
IN FACT, THIS WAS A PREVIOUS REQUEST.
I DON'T SEE ANY SUBSTANTIAL DIFFERENCE BETWEEN THE FIRST REQUEST AND THE SECOND REQUEST.
I MADE NOTE OF THAT IN AN EMAIL.
I SIMPLY WROTE SOMETHING TO THE EFFECT OF, I STILL DON'T KNOW WHAT THEY'RE LOOKING FOR.
UM, THE CLERK'S OFFICE THEN DENIED IT SINCE THEY ALREADY RECORDS ACCESS OFFICER.
I'M SPEAKING NOW BECAUSE ONCE IT GETS TO THE APPELLATE PIECE, THEN, THEN I KIND OF, UM, TAKE CONTROL.
YOU ULTIMATELY DECIDE THE ISSUES.
I JUST KIND OF SET THE FACTS FOR YOU AND, AND PROVIDE SOME FRAMEWORK.
UM, THE APPEAL ALSO MAKES REFERENCE TO OF THE VOLUME OF RECORDS.
UH, THIS WAS NOT DENIED BECAUSE OF A VOLUMINOUS AMOUNT OF RECORDS.
WE DEAL WITH THE VOLUMINOUS AMOUNT OF RECORDS ON A DAILY BASIS.
WE COULDN'T TELL WHERE TO BEGIN WITH THIS REQUEST.
WE COULDN'T EVEN START THE PROCESS.
I HAD SOME QUESTIONS I WOULD'VE LOVED TO ASK THE APPLICANTS HERE TONIGHT OR AT ANY POINT, AND THAT THE OFFER STILL STANDS IF THEY'D LIKE TO CALL.
BUT I MEAN, WE'RE AT THE POINT NOW WHERE A DECISION MUST BE DRAFTED.
UM, I DON'T KNOW IF EVERYONE HAD THE CHANCE TO READ BOTH SETS OF DOCUMENTS AND DISAGREES, AND YOU CAN POINT TO WHAT EXACTLY THEY'RE LOOKING FOR.
I WOULD LOVE TO HEAR IT AND THEN WE COULD PROVIDE THOSE RECORDS SOUGHT, BUT WE COULD NOT TELL.
I, I WOULD LIKE TO POINT OUT IN THE APPEAL DOCUMENT, IT SIMPLY TALKS ABOUT CORRESPONDENCE.
BUT IN THE ORIGINAL REQUEST, IT SEEMS, AND I'M NOT SURE, IT SEEMS TO HAVE GONE BEYOND JUST CORRESPONDENCE BECAUSE THEY GIVE A DEFINITION OF RECORDS AND RE RECORDS, UM, IS EXPANDED ACTUALLY IN SEVERAL DIFFERENT PORTIONS, WHICH IS A LITTLE CONFUSING.
AND AT ONE POINT IT MAKES REFERENCE TO RECORDS OR COMMUNICATIONS, INCLUDING THE TOWN SUPERVISOR, UH, PAUL FINER WHO WAS, WHO WAS ABSENT HERE TODAY IS ON VACATION.
IN ANOTHER SECTION, IT MAKES REFERENCE TO RECORDS OF CORRESPONDENCE, BUT IT DOESN'T MENTION SUPERVISOR FINER AT ALL.
SO WE'RE NOT SURE HOW TO DEFINE MM-HMM
UM, I, I DON'T SEE ANYTHING IN THE APPEAL THAT MAKES IT MORE CLEAR.
UM, AND, AND LET ME ACTUALLY JUST POINT THIS OUT.
I WOULD'VE LOVED TO ASK THE APPLICANTS TO POINT TO THE SPECIFIC PORTION OF THE ORIGINAL REQUEST THAT SOLIDIFIES WHAT THEY'RE LOOKING FOR.
UM, DOCUMENTS AFTER FACT AREN'T REALLY HELPFUL.
WE, WE GO BASED ON THAT ORIGINAL REQUEST AND IF THEY COULD HAVE POINT IT OUT A SECTION JUST OFF THE TOP OF MY HEAD.
HEY, PAGE TWO, PARAGRAPH THREE.
YOU KNOW, THAT'S THE SUBSTANTIAL PORTION RIGHT THERE.
CAN YOU GRAB THAT? AND MADAM CLERK, CORRECT ME IF I'M WRONG, BUT WE JUST DON'T KNOW HOW TO START THIS PROCESS.
WE'D BE HAPPY TO IF IT WAS CLARIFIED, BUT WE DON'T KNOW WHERE TO BEGIN.
AND WHEN IT COMES TO THE APPEAL PROCESS,
[00:05:01]
IF IT IS FOUND BY THE BOARD THAT IT IS THEREFORE DENIED, YOU CAN'T A, A APPEAL SOMETHING THAT'S NOT APPEALABLE.SO IF IF THERE'S, THERE'S NOTHING TO APPEAL BECAUSE WE SAID THE RECORDS CANNOT BE.
SO I, I I THINK IT IS APPEALABLE, BUT THE PROBLEM IS THEN IT'S ON THE APPLICANT, UM, TO CLARIFY WHAT THEY'RE LOOKING FOR, WE OFFERED IT, I OFFERED IT, UH, IN A MEETING A FEW WEEKS AGO.
I KNOW THEY WERE INVITED TONIGHT.
STILL DON'T HAVE THOSE ANSWERS.
SO I, I WOULD REQUEST OR PROPOSE THAT THE BOARD CONTINUE TO DENY THE APPLICATION, BUT SEEK THAT THE APPLICANT CALL ME OR, OR CALL LISA OR CALL SOMEBODY TO CLARIFY WHAT THEY'RE LOOKING FOR.
AND WE'LL BE GLAD TO PUT IT TOGETHER.
BUT WE DON'T HAVE A STARTING POINT RIGHT NOW.
AND I JUST, THIS, THIS IS A DEPUTY, I AGREE WITH THE DENIAL AND, UM, ASKED OUR TOWN ATTORNEY TO WRITE UP SUCH A DENIAL, BUT ALSO TO, UM, REQUEST THAT THE APPLICANT, UM, PROVIDE A, A NEW FOIL THAT IS, UH, UNDERSTANDABLE AND, UH, CLEAR IN WHAT ITS PURPOSE IS.
NOT SO MUCH ITS PURPOSE, BUT WHAT'S BEING REQUESTED.
SO I'LL MAKE THAT MOTION SECOND.
SO, AND, AND IF THE APPLICANTS ARE WATCHING, FEEL FREE TO EMAIL ME OR CALL ME.
WE, WE'D LOVE TO CLARIFY THIS AND, AND PROCEED.
NEXT ON THE AGENDA IS A MOTION FOR EXECUTIVE SESSION FOR THE PURPOSE.
ACTUALLY, IT SEEMS LIKE SOMETHING WAS LEFT OFF OF HERE.
WE WERE SUPPOSED TO VOTE ON THE HENRY STREET.
SORRY, IT DIDN'T MENTION HENRY STREET.
WHERE, UH, YEAH, RIGHT HERE ON THE HENRY STREET WHERE OH, OH YES, SORRY.
I MUST HAVE THINKING ABOUT SOMETHING ELSE.
THAT'S WHAT HAPPENS WHEN WE GO PAST YOUR BEDTIME.
YOU READY? BECAUSE WE STARTED TO MEET SOMETHING.
STARTED HAVING THE SPECIAL MEETING.
YOU DON'T HAVE TO, DO YOU NEED ANYTHING YOU NEED TO CLARIFY REGARDING LEGAL REQUIREMENTS OF THE, UH, THE FOIL? I, I WOULD JUST LIKE TO GO INTO EXECUTIVE SESSION FOR TWO MINUTES.
WELL, I WANT, I, WELL, ACTUALLY IT'S NOT EXECUTIVE SESSION.
ACTUALLY, ACTUALLY I DO WANT TO, BECAUSE I WANT TO DISCUSS AN EMAIL THAT'S FLOATING AROUND THAT I WOULD LIKE TO HAVE.
MOTION FOR EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING, DISCUSSING PERSONNEL MATTERS INVOLVING SPECIFIC INDIVIDUALS AND TO SEEK LEGAL ADVICE ON VARIOUS MATTERS.
WE'LL NOT BE COMING BACK TONIGHT.
AND WE WILL NOT BE COMING BACK TONIGHT.