I VOTED AGAINST $25,000 FOR OUTSIDE LAW FIRM TO DEFEND TOWN IN ONE DROMORE RD CASE

A meeting held by Francis Sheehan, Eddie Mae Barnes, Diana Juettner and Steve Bass with a developer- S & R Development, Robert Bernstein and Michele McNally is already costing the town money. S & R Development has filed a notice of claim against the town. The Town Board, over my objections, hired a law firm to spend up to $25,000 to defend the town at a rate of $275 an hour.
An alleged meeting took place with 4 members of the Town Board (NOT ME), two residents of Edgemont to discuss One Dromore Road. I was excluded from the meeting and not notified of the meeting. Robert Bernstein (if the affidavit is true) and the other members of the Town Board discussed turning the land into a future Edgemont Village Hall- breaking up our town.
I believe that there is no reason to use outside counsel. The work could have been handled in house---saving taxpayers money.

GREENBURGH DEMOCRACY week of July 30...POST YOUR COMMENTS

Please feel free to post your comments about town issues.

THIS WEEK
Hartsdale Farms re-opened on E Hartsdale Ave
The bakery on E Hartsdale Ave is scheduled to re-open

TOWN BD TO DRAFT LETTER SEEKING AN OPINION FROM NYS ATTY GENERAL--IS THE NEW ETHICS LAW LEGAL OR DOES STATE LAW SUPERCEDE ON CAMPAIGN FINANCE ISSUES?

SPECIAL TOWN BD MEETING TUESDAY TO VOTE TO HIRE OUTSIDE COUNSEL TO ETHICS BD..I THINK WE COULD DO WORK IN HOUSE AT LESS COST

The Greenburgh Town Board will be voting tomorrow at a special meeting to authorize the hiring of an outside law firm to serve as special counsel to the the Ethics Board. This could be very costly. In addition, some of the members of the Ethics Board are outstanding lawyers. I don't think we need to hire another law firm to do work that can easily be done by our full time lawyers. The meeting will be held at 6 PM at Greenburgh Town Hall on Tuesday July 31.

TOWN CAN LEGALLY RENT FITNESS CENTER AT WOODLANDS

Town Attorney Tim Lewis presented me and the Town Board with a legal opinion advising us that we can legally rent the Fitness Center at Woodlands High School and incorporate the fitness center into Greenburgh recreation programs.
Shortly after Woodlands and the Greenburgh schools announced plans to curtail hours at the Fitness Center, I suggested that the town rent the excellent facility and incorporate the fitness center into our recreation programs. A member of the Town Board questioned the legality of the proposal. I am pleased that we can enhance residents quality of life and fitness by renting the space. I will urge the Town Board to say yes to the proposal.

NEW ETHICS LAW CONTAINS LOTS OF LOOPHOLES

The Town Board voted 4-0 to approve a new Ethics Law tonight (Councilwoman Eddie Mae Barnes was absent). The law, which I voted for, prohibits incumbent officials from accepting campaign contributions from applicants, their legal representatives or consultants.
I was disappointed that the Board approved a law that contains lots of loopholes. If we want a strong ethics law it should be loophole free.
This law allows Greenburgh political parties to receive contributions from applicants, their legal representatives or consultants. Candidates (who can't accept money directly) can then receive contributions from the party (which received donations from the same people prohibited from giving directly). This doesn't make sense.
Employees can't contribute to incumbent officials but can volunteer in their campaign. The Town Board should have approved my recommendation to make employment with the town free of any political pressure.
Labor unions (they lobby for changes in labor contracts, salary adjustments and file grievances) can continue to make donations to incumbent officials.
Town Judges can accept contributions from lawyers appearing before the court.
Citizens - who have applications pending before the Zoning Board, Planning Board or who lobby for or against legislation (such as the tree law) can give to incumbents.
If we are going to adopt a law we can be proud of it should be loophole free.

ROUND THE CLOCK NEGOTIATIONS NEEDED FOR HASTINGS & IRVINGTON FIRE CONTRACTS

The Hastings & Irvington Fire contracts expired over a year and a half ago. I have been trying (in recent months) to persuade the Town Board to meet with village/fire representatives to settle the contracts. Both fire departments are all volunteer and serve parts of unincorporated Greenburgh. They have not been reimbursed for services they provide. They do a great job protecting residents of the villages and the unincorporated sections of town.
I encourage the Town Board to schedule the round the clock negotiations so we can have a contract and so the volunteer fire depts can be paid for the services rendered.
It takes 3 votes on the Town Council to approve a contract.

LETTER TO EDITOR CONTAINS INACCURATE CHARGES

A letter to the editor by Bob Bernstein in today's Journal News claims that I am siding with a developer in a lawsuit to get 37 condo's built. The letter claims that I oppose open space in Edgemont. This is not the case.
Last year I asked the Town Board to acquire that property as parkland. Recently, a sworn affidavit from the developer was released. The affidavit states that Bob Bernstein wanted the property for an Edgemont Town Hall. Mr. Bernstein worked with Council members Sheehan, Bass, Barnes and Juettner trying to find land for an Edgemont municipal building before telling Edgemont voters what he was planning to do. He is the head of a civic association but didn't consult with residents of Edgemont about his plans. The Town Council didn't consult with me. They prohibited the developer (applicant) from discussing their secret & illegal meeting with me. They didn't consult with anyone. If the affidavit is true, they were plotting to split up our town--to create a village of Edgemont, even before Edgemont voters expressed their views on the subject.
I want open space.
Bob wanted land for a municipal building.
An Edgemont municipal building would generate traffic. The municipal building would have had a negative impact on the nature center.

GAG ORDER ON DISCLOSING DOCUMENTS DELETED FROM PROPOSED ETHICS LAW

The Town Board deleted from the proposed ethics law the "gag order" -- the proposed code amendments that would prohibit officials from disclosing 'confidential information' and subject the offender to fines/removal from office.
I am pleased. THe Journal News published an editorial today (www.lohud.com) objecting to this provision in the ethics legislation.
The proposal would have been a major step backwards for the town - in terms of open government.

CENTRAL 7 SCHOOL BD APPOINTS OUTSTANDING INTERIM SUPERINTENDENT

I was very pleased to learn that Sidney Freund has been appointed Interim School Superintendent of the Greenburgh (Central 7) School district. He will serve until June 30th and replaces Josephine Moffett.
I have worked with Sidney Freund and have been impressed with his hard work, dedication to quality education, responsiveness and accessibility. If anyone can turn around the school districts reputation it's him. Excellent choice!

SHOULD THE ETHICS LAW HAVE A GAG ORDER AGAINST DISCLOSURE OF INFO?

The proposed ethics law suggested by Town Council members could violate the first amendment of the United States Constitution, according to lawyers, good government groups (see todays Journal News article: www.lohud.com).
Town officials will be charged with ethics violations for publicly distributing any information about negotiations for real estate, services and contracts. The punishment could be removal from office.
Town officials could also be accused of unethical behavior if they release information "to which the public may be denied access" under the Freedom of Information Law, unless authorized by the Town Board.
A quote from Robert Freeman, Executive Director of the Committee on Open Government in todays Journal News. "That doesn't make any sense. What if someone wants to tell the world where he or she stands on a policy issue."
A quote from Common Cause: The abuse of information section would provide less transparency not more. "It seems set up to protect the governing body, rather than citizens of Greenburgh."
Les Steinman, director of Pace's Michaelian Institute for Public Policy and Management said that "the abuse of information" section has no language protecting town officials who disclose information about government waste, inefficiency, corruption, criminal activity or conflicts of interest."

Town Council members were recently accused by Richard Troy (see blog about One Dromore Road) for participating in an illegal meeting with Robert Bernstein. The council members and Bernstein were conspiring to give Bernstein a deed to the property for an Edgemont Village Hall if Edgemont secedes (an action Edgemont voters hadn't approved). If one of the participating members of the council recognized that the meeting was inappropriate and said something after the fact, would he/she be guilty of a violation of the new ethics laws?

The proposed law, as written will have a chilling effect on free speech.

WEEK OF JULY 23rd--Greenburgh Democracy POST YOUR COMMENTS

Please post your comments about town issues.

MEETING TUESDAY AT 4:15 pm to select consultant for e hartsdale ave flooding

3 finalists will be interviewed this Tuesday at 4:15 PM to conduct an engineering study of E Hartsdale Ave--Hartsdale brook watershed and flood study. The town is interested in retaining a consultant experienced in the hydrologic and hydraulic analyses of watersheds,floodplains and streams.
The goal: to reduce the possibility of another flood disaster on E Hartsdale Ave. I want to come up with a good, thought out plan.
The finalists are:
Schoor -Deplama Consulting Engineers $65,277
Leonard Jackson Associates $60,880
Maser Consulting Engineers $86,300
The meeting is open to the public and will be held at Greenburgh Town Hall.

POOL AT THEODORE YOUNG COMMUNITY CENTER SHOULD BE OPEN SEVEN DAYS A WEEK

A number of years ago the indoor pool at the Theodore Young Community Center was open seven days a week. I plan to request that we resume having the pool open seven days a week.
We are currently unable to accomodate all the special needs of our swim teams, the disabled and others who use and enjoy our pool facilities.

TAKE THE OATH--SUGGESTS CITIZENS TO COUNCILMEMBERS

I just got home from the Town Board meeting (1 AM). There was extensive discussion at the Town Board meeting re: Richard Troy's affidavit concerning 1 Dromore Road. Mr. Troy alleges that the Town Board members (excluding me) met with him and Bob Bernstein. Land was going to be deeded to Bob Bernstein for the possible use as an Edgemont Town Hall. The affidavit, which is posted on the town web site: www.greenburghny.com (forms) highlights secrecy, favoritism, avoidance of proper procedures and violations of law by the Town Council members.
At the Town Board meeting this evening some residents pointed out that comments in an affidavit by a developer are just allegations (that are sworn to). The suggestion was made that Councilmembers Francis Sheehan, Steve Bass, Eddie Mae Barnes and Diana Juettner should give sworn testimony.
Did they participate in an illegal meeting with the developer and Bob Bernstein?
Did they violate the open meetings law?
Did they discuss Edgemont secession with the developer and the possible use of 1 Dromore Road as a Town/village hall?
Do they support Edgemont becoming a village hall?
Was the Supervisor (me) excluded from the meeting, as alleged?

EDWIN MICHAELIAN MUNICIPAL LAW RESOURCE CENTER ANALYSIS OF PROPOSED ETHICS LAW

The Edwin G. Michaelian Municipal Law Resource Center is a division of the Michaelian Institute for Public Policy in cooperation with Pace University School of Law. The goal is to provide comprehensive services to municipal officials on the complexities and trends in the specialized area of local government law. We recently sent the proposed ethics law (which is scheduled for a public hearing tonight) to Les Steinman, director for an opinion.
In light of the significant concerns stated in the July 17,2007 letter from Les Steinman as to the proposed amendments to the Ethics Code, including e.g., his concerns that the proposed language may violate the First Amendment, intrude in the areas of campaign finance regulation where the State has preempted the field and restrict the release by elected officials of information potentially material to the discharge of their duties which is not deemed confidential under federal or state law , it would be imprudent and irresponsible to pass this resolution as drafted.
I propose that we ask the Ethics Board to revise the proposed amendments to the Code so that they comport with state and federal law.We can also request an opinion from the office of the NY State Attorney General.
July 17, 2007







Hon. Paul J. Feiner

Supervisor

Town of Greenburgh

177 Hillside Avenue

Greenburgh, NY 10607



Dear Paul:



By letter dated April 2, 2007, you requested our review and comments on a draft of proposed changes to Chapter 570, Code of Ethics of the Town of Greenburgh. By letter dated April 19, 2007, we provided comments on those proposed changes. Thereafter, you advised that additional changes had been made to the previously reviewed proposed amendments to Chapter 570 and asked that we review those additional changes. On July 6, 2007, Town Councilman, Francis Sheehan, provided us with a red-line version of amendments to Chapter 570 that are to be the subject of a public hearing on July 18, 2007.



Given the limited time available for our review of those latest revisions, we have the following general observations regarding the proposed legislation:



1. We commend the Town on its efforts to ensure that public business is conducted without actual conflict of interest or the appearance of impropriety. However, a code of ethics must be easy for lay persons to understand and apply without resort to lawyers in order to achieve its primary purpose of providing guidance to officials, employees and citizens. Given the legislation’s complexity, the criminal and civil sanctions for its violation and the overbreadth and privacy concerns discussed below, we are concerned that this standard has not been met and that enactment of the proposed legislation may discourage persons from serving the Town.



2. Notwithstanding commendable efforts to ensure a pristine ethical environment within the Town, we are concerned that the prohibitions and mandates in §§ 570-4, 570-7 and 570-8 relating to the acceptance of contributions and the filing of campaign contribution reports may sweep too broadly, infringing upon the First Amendment rights of both contributors and candidates (see generally Buckley v. Valeo, 424 U.S.1 (1976); Randall v. Sorrell, 126 S.Ct. 2479 (2006)) and/or intruding into areas of campaign finance regulation where the State has preempted the field.[1]



3. We are also concerned that certain restrictions placed on the actions of elected Town officials will impair their ability to effectively serve their constituents and/or unduly restrict their use of information that is otherwise publicly available for the use of others. See § 570-4(L)(4) which would preclude or deter a Town Board member from appearing before the Planning Board or Zoning Board of Appeals to support a Town project or a project deemed to be in the best interest of his or her constituents; § 570-4(B)(1) which would prohibit use of information that is otherwise publicly available and § 570-4(B)(2), (3) which prohibits elected officials from publicly disclosing information potentially material to the discharge of their duties notwithstanding that such information is not made confidential by Federal or State law. Moreover, no provision is made to permit elected or appointed officials or employees to disclose conduct known or reasonably believed to involve waste, inefficiency, corruption, criminal activity or conflicts of interest even under circumstances where such disclosure is expressly protected by State law. See Civil Service Law § 75-b.



4. We recommend that the Town Board consider protecting the privacy interests of those who seek an advisory opinion from the ethics board and those who are required to complete and file financial disclosure forms. See generally “Running a Local Municipal Ethics Board: Is Ethics Advice Confidential?”, by Steven G. Leventhal and Susan Ulrich, Municipal Lawyer, Spring 2004. Confidentiality in the exercise of an Ethics Board’s advisory function is justified as a matter of public policy because it encourages officials to seek ethics advice without fear that the making of such inquiry will be used against them. The Committee on Open Government has opined that the advisory opinions of a town ethics board would be exempt from disclosure under the Freedom of Information Law unless adopted by the town board as a final determination that the subject officer or employee engaged in official misconduct. N.Y.Comm. on Open Gov’t, FOIL Advisory Op. 8922 (1995).



Similarly, mandatory financial disclosure requirements must be accompanied by a “mechanism to prevent automatic public disclosure of all information provided.” Hunter v. City of New York, 58 A.D. 2d 136, aff’d, 44 N.Y. 2d 708 (1978). See also Barry v. City of New York, 712 F.2d 1554, 1564 (2nd Cir. 1983) upholding New York City’s revised mandatory financial disclosure requirements where provisions of that law enabled an employee to indicate upon submission of his or her financial disclosure information form such information that the person wished to remain confidential. Upon request for public inspection of the employee’s financial disclosure form, the Board of Ethics would evaluate the individual’s privacy request, and based on the personal nature of the information, whether the information was related to the individual’s duties, and whether the information involved a potential conflict of interest, the Board of Ethics would then determine whether to keep parts of the disclosure confidential. Id at 1561-1562.[2]



5. Consideration should be to given to including a waiver provision where strict compliance with a provision or provisions of the legislation would create undue hardship or where a waiver would not be in conflict with the principles and interests of the Town.



6. On a more technical level we have the following additional observations:



(a) § 570-4(L)(1) would appear to require recusal of Planning Board and Zoning Board of Appeals members where a merchant in town seeks an approval and the members have at one time or another purchased goods or services from such merchant. An application by a local supermarket could result in the entire board having to recuse itself.



(b) § 570-11 (A)(1) states inconsistenty that the members of the Board of Ethics “shall serve at the pleasure of the Town Board” for “terms of three (3) years.” Typically, outside civil service, public officers or employees appointed for a fixed term may not be removed except for cause. By contrast, those serving at the pleasure of the appointing authority may be removed without such protection.



(c) § 570-4(A)(1)(a) could be construed to prohibit inter alia acceptance of a tax refund by a Town resident or the ceremonial acceptance of a gift to the Town, on Town property.



We hope that these comments and observations are helpful in your consideration of the subject legislation.



This memorandum is provided for informational purposes only and may not be relied upon as formal opinion of counsel.







Very truly yours,





Lester D. Steinman

LDS/dl





--------------------------------------------------------------------------------

[1] As discussed in our previous memorandum, the New York State Attorney General has opined that the State has preempted the field of campaign finance regulation, including contribution limits and the reporting and disclosure of receipts and expenditures. See Election Law, Article 14.



[2] Although we have not been provided with the financial disclosure form attached to the proposed legislation, nothing in the legislation indicates that one required to file such a statement has the right to request a redaction of certain information in that form, prior to public disclosure, for purposes of protecting personal privacy.

TOWN BD TO INTERVIEW 3 POSSIBLE CONSULTANT FOR FLOOD STUDY NEXT TUESDAY AT 4:15 pm

The Greenburgh Town Board will interview 3 finalists ---possible consultants who will conduct the E Hartsdale Ave flood study next Tuesday at 4:15 PM during our work session. The meeting will be open to the public.
The goal: to determine what actions can be taken to reduce the possibilities of another serious flood that will shut down businesses on E Hartsdale Ave. The Town will also be conducting additional flood studies in other sections of the town.

RESPONSE TO UNJUSTIFIED ACCUSATIONS--EVERY PENNY ACCOUNTED FOR -WESTHELP

Shortly after Councilman Sheehan’s letter on June 25 that said that an amount of $1,448,349.11, constituting unspent WestHELP rentals “was not added to fund balance totals” and that the “amount that currently has this”flexibility” is $1,448,349.11," I did two things.

First, I wrote a letter disclosing that Mr. Sheehan’s letter was not correct because all the WestHELP funds were recorded on the town’s books and were added to the town’s fund balance. The $1,448,349.11 was the amount unspent from the WestHELP rents. The bulk of these unspent funds had been held for disbursement to the Valhalla School District and the Fairview Fire District as planned under the grant contracts that had been approved by the Town Board, but were not disbursed when the State Comptroller recently said that this was not legal. The balance of these unspent funds were originally planned for the civic associations and held for neighborhood purposes. I had urged that all unspent WestHELP funds be placed in the town-wide budget as required by law.

Second, I asked the Town Comptroller to provide a detailed accounting for the Town Board of every penny that was received from WestHELP and where it was spent. Today I received the Comptroller's memo containing the accounting. I am sending it to the Town Board, and I am posting it at the end of this letter. It lists every check that has been received and when it was deposited. It lists every expenditure that has been made from these funds. It shows the balance, which is exactly as previously reported. Put another way, it shows that every penny that has been received has been accounted for and not a penny has been misapplied or misappropriated, as has been implied by Mr. Sheehan and a group of residents who make such false accusations regularly.

Previously I had thought that about $75,000 of the WestHELP rent had been spent for neighborhood purposes, and some critics have asked about this amount. It was explained at the June 27 Board meeting that my statement was an error, based on a confusion about 2006 receipts that had not been made clear, and the Comptroller stated that no moneys had been spent except to the Valhalla School District, the Fairview Fire District, and appropriated as revenue to the A budget. In this accounting the Comptroller has confirmed this..

I trust that this accounting will put the many nasty and unjustified accusations to rest.

Paul Feiner

TOWN OF GREENBURGH
OFFICE OF COMPTROLLER
INTER OFFICE MEMORANDUM

To: Honorable Town Supervisor and Members of the Town Board

From: James L. Heslop, Town Comptroller

Subject: WestHELP Rental Payments, Disbursements and Uses

Date: July 16, 2007


The Sublease and Homeless Housing Facilities Agreement between the County of Westchester, Town of Greenburgh, and WestHELP became effective September 18, 2001. The term of the agreement is from September 18, 2001 to September 30, 2011. For the initial period from September 18, 2001 through September 30, 2002 the rental amount was $1,200,000.00. For the balance of the agreement, the rent shall be in equal monthly installments of $101,903.66. The Town did not receive the first rental payment August 11, 2003. Listed below are the rental payments, disbursements to the Valhalla School District and Fairview Fire District, appropriation to the Town Outside Villages (TOV) Fund. Rental payments deposited:

• August 11, 2003 - $1,950,947.97 – wire transfer into Town’s bank account
• January 2, 2004 - $166,184.95 – check deposited (the gross amount of the check was $175,404.43; $9,219.48 was
credited to the interest earnings line in the
TOV Fund)
• January 27, 2004 - $203,807.32 – check deposited (the gross amount of the
check was $213,782.71; $9,975.39 was
credited to the interest earnings line in the
TOV Fund)
• March 2, 2004 - $203,807.32 – check deposited (the gross amount of the
check was $212,199.71; $8,392.39 was
credited to the interest earnings line in the
• April 12, 2004 - $203,807.32 – check deposited (the gross amount of the
check was $210,641.85; $6,834.53 was
credited to the interest earnings line in the
TOV Fund)
• May 17, 2004 - $203,807.32 – check deposited (the gross amount of the
check was $209,058.85; $5,251.53 was
credited to the interest earnings line in the
TOV Fund)




• June 8, 2004 - $203,807.32 – check deposited (the gross amount of the
check was $207,601.49; $3,794.17 was
credited to the interest earnings line in the
TOV Fund)
• July 20, 2004 - $203,807.32 – check deposited (the gross amount of the
check was $206,043.62; $2,236.60 was
credited to the interest earnings line in the
TOV Fund)
• August 30, 2004 - $101,903.66 – check deposited
• September 21, 2004 - $101,903.66 – check deposited
• October 4, 2004 - $101,903.66 – check deposited
• November 8, 2004 - $101,903.66 – check deposited
• November 15, 2004 - $101,903.66 – check deposited
• January 10, 2005 - $101,903.66 – check deposited
• February 7, 2005 - $101,903.66 – check deposited
• February 8, 2005 - $101,903.66 – check deposited
• March 21, 2005 - $101,903.66 – check deposited
• April 11, 2005 - $101,903.66 – check deposited
• May 16, 2005 - $101,903.66 – check deposited
• June 10, 2005 - $101,903.66 – check deposited
• July 12, 2005 - $101,903.66 – check deposited
• August 15, 2005 - $101,903.66 – check deposited
• September 13, 2005 - $101,903.66 – check deposited
• October 13, 2005 - $101,903.66 – check deposited
• November 10, 2005 - $101,903.66 – check deposited
• December 14, 2005 - $101,903.66 – check deposited


The total rental payments were $5,174,242.72. While there is no indication of the reason for interest amounts being included in the first seven checks, it would seem the interest was to compensate the Town for lost interest earnings for the period between the effective date of the agreement and when the Town started receiving payments.

Disbursements to the Valhalla School District and the Fairview Fire District:

• April 9, 2004 - $517,955.00 – date of check to Valhalla School District
• May 7, 2004 - $100,00.00 – date of check to Fairview Fire District
• June 24, 2005 - $728,894.80 – date of check to Valhalla School District
• June 24, 2005 - $100,00.00 – date of check to Fairview Fire District
• February 10, 2006 - $617,301.00 – date of check to Valhalla School District
• May 26, 2006 - $100,00.00 – date of check to Fairview Fire District

The total disbursements were $2,164,150.80.



The annual amount credited to the TOV Fund as Rental of Real Property WestHELP:

• Fiscal year 2003 – $816,054.89
• Fiscal year 2004 – $372,843.96
• Fiscal year 2005 – $372,843.96

The revenues credited were $1,561,742.81.

The remaining balance at December 31, 2005 was $1,448,349.11, which relate to the Valhalla School District - $898,349.29; Fairview Fire District - $124,999.91, and the neighborhoods - $424,999.91.

(The Town has continued to receive monthly payments of $101,903.66 from WestHELP which are credited to the Town’s General Fund, A Fund.)

An amount of $75,000.00 which was reported to have been spent has been misconstrued. In September of 2006, the amount of WestHELP rental payments that would have been available for purposes other than the Valhalla School District and the
Fairview Fire District was $500,000. After September of 2006, the Town received three more months of rental payments in 2006. This was an additional $25,000 of payments would have been available for purposes other than the Valhalla School District and the
Fairview Fire District. The $500,000, as of September 2006, plus $25,000, for the three remaining months in 2006, is $525,000. Presuming that the entire amount of the rental payments for 2006 is credited to the General Fund, $100,000 of the $525,000 came from the 2006 rental payments. When the $100,000 is deducted from the $525,000 the amount is $425,000 as indicated above. The assumption was that the amount of $500,000 was reduced to $425,000, because $75,000 was spent which is incorrect.

I trust that this information is helpful. If there are any questions, please let me know.

cc: Timothy W. Lewis, Town Attorney
Bart J. Talamini, Deputy Town Comptroller

GREENBURGH DEMOCRACY- week of July 16---POST YOUR COMMENTGS

Please feel free to post your comments about town issues.

TOWN BD MEETING WEDNESDAY EVENING
YOSEMITE PARK CONCERT -THURSDAY EVENING
JAZZ CONCERT- EAST HARTSDALE AVE noon to 2 Saturday
GREENBURGH FAMILY DAY SATURDAY, Town park

EXTRAORDINARY SECRECY, FAVORITSM, VIOLATIONS OF LAW

On July 9, 2007 Richard Troy, a principal of S&R Development Estates, filed an affidavit with the Greenburgh Zoning Board of Appeals contesting a determination made by the Town’s Commissioner of Community Development that the 1 Dromore Road property is in a particular zone. The underlying issue is whether this property can be developed as a multi-family structure or whether it cannot be so developed. The Town’s zoning map shows this property to be in a CA-1 zone, which permits prescribed multi-family development Without getting to the merits of the zoning issue, the affidavit, which everyone should read, reveals extraordinary secrecy, favoritism, avoidance of proper procedures, and violations of law by the Town Council. It also shows the power given by the Town Council members to Bob Bernstein and Michelle McNally to harm the rest of unincorporated Greenburgh in their secret dealings with the Town Council, and with Steve Bass and Francis Sheehan in particular. I am requesting that it be placed on the Town’s website at www.greenburghny.com, but in the meantime anyone who wants it can email me and I will send it to them.. pfeiner@greenburghny.com

POSTED UNDER SUPERVISORS DOCUMENTS-- FORM/DOCUMENTS www.greenburghny.com

The affidavit deals with the demands made by Bernstein and McNally earlier this year for a moratorium. The ostensible reason for the requested moratorium was to prevent an increase in the Edgemont school population. The real purpose appears to be much more devious and malign --to acquire property for a town hall for Bernstein’s plan for Edgemont’s secession from Greenburgh. These secret dealings with the Town Council are a threat to Greenburgh. While the entire affidavit is chilling reading, a few paragraphs bear special mention and I will quote them.



Paragraph 41 (relating to a January 27, 2007 a meeting between Mr. Troy and several of his associates, and Steve Bass, Francis Sheehan, Bob Bernstein and Michelle McNally.)



“Prior to the meeting, Councilmnan Bass directed that we could not have our attorney, Mark Weingarten, attend this meeting nor could we inform him that the meeting would take place. At the meeting Councilman Sheehan stated that if there was any discussion about this meeting with Supervisor Feiner he would ‘walk away’ from any agreement. Moreover, we were expressly forbidden to relate any discussion that took place at the meeting with Hal Samis, an outspoken commentator on Greenburgh politics. While we were uncomfortable with these gag orders and the ad-hominem attacks of Councilman Sheehan on Supervisor Feiner (“Feiner screws everything up. I have to stay up all hours fixing his screw-ups”) and their attacks on Mr. Samis, we reluctantly accepted these condition and proceeded with the meeting in the hope of working out an agreement to develop the Property. We reached an agreement that the EEC would create a new “park district” and accept a conservation easement covering a portion of the property...”



Paragraph 44



“Soon thereafter, S&R received a letter dated February 2, 2007 from Robert Bernstein of the EEC contemplating S&R’s gifting of the Property directly to him. He sent us his draft of a Gift Agreement (Exhibit 19).”



Paragraph 46



“On February 3, 2007 ... another meeting organized by Councilman Bass and attended by Councilman Francis Sheehan, Councilwoman Eddie Mae Barnes and Councilwoman Diana Juettner, Robert Bernstein and Michelle McNally of the EEC... Councilman Bass and Councilman Sheehan had suggested that it would be appropriate for Councilwoman Barnes and Councilwoman Juettner to personally meet the principals of S&R since they would be formally voting to implement the Agreement. At this meeting, the parties again agreed: (a) S&R would grant a conservation easement on a portion of the Property; (b) S&R would grant an option to the EEC to purchase the Property for a price equal to S&R’s investment in the Property inconsideration of: (i) the Town’s agreement to modify the language of the proposed moratorium so that the Property would be excepted from its application, and (ii) the agreement by the Town and EEC to support our development application of a ten-unit town home development instead of the contemplated 37-unit development if the EEC did not exercise its purchase option.”



Paragraph 47



“At the February 3rd meeting, Robert Bernstein said that he would have Edgemont purchase the property through a bond offering by an Edgemont Park District he would create....Bernstein indicated that initially he would want to lease the land to the GNC [Greenburgh Nature Center]; thereafter he would want to use the land as the possible site for an Edgemont Town Hall if and when Edgemont seceded from the Town of Greenburgh. He stated that Edgemont did not own any other land as the possible site for an Edgemont Town Hall in the future. Regarding the park district, Robert Bernstein explained that S&R would grant the conservation easement to the park district and after Edgemont raised the funds to purchase the balance of the land Edgemont would own the entire property and be able to create a new town hall for itself upon secession...”



Paragraph 54



“[At about February 21, Mr. Troy] received a telephone call from Councilman Bass, who told me that he wanted to arrange for a referendum to be placed on the September primary voting ballot to approve a bond offering for the to-be-created Edgemont Parks Board to purchase our Property.....He asked me to ‘trust’ him that the bond offering would pass in September and asked me to make a gift of the Property immediately, without first being exempted from the moratorium. I declined his proposal.



Paragraph 55



“On February 26, 2007, breaching our prior agreements and after his ‘Trust Me’ telephone call, Councilman Bass sent out a ‘blast’ e-mail (Exhibit 24) ... stating that our Property was zoned R-20 (single family homes on half an acre). He went on to write that ‘The Town Council understands that the Greenburgh Nature Center’s board and Edgemont residents may prefer to see the Dromore Road Property not developed at all and have it preserved as open space. The Town Council will continue to explore with community leaders that possibility.’ Councilman Bass’ arrogance and his capitulation to the EEC and GNC is evident in this sentence. He continues to assert that the GNC and Edgemont residents should get to control our property.”



What all this means is clear.



First, as has become their standard operating procedure, Councilpersons Bass and Sheehan operate in secret about matters in which the public has great interest. The moratorium, which was really directed only at the Dromore Road property, would have very significant effect on the Central Avenue area. Discussions cannot be kept secret, especially when the matters discussed have such profound impact. The January 27 meeting, at which Councilman Bass commanded that S&R could not even tell their lawyers about it, is extraordinary, almost as extraordinary as Councilman Sheehan’s threat that if the Supervisor and/or Mr. Samis were told about the meeting he would walk away from any agreement -- an agreement that he was not authorized to make. I will not comment on the disrespectful and improper exclusion of the Supervisor in this matter because it is so obvious.



Second, instead of having public discussion, the discussions were limited to Bass, Sheehan, and Bob Bernstein and Michelle McNally. The latter two are not elected officials. It has been noticed for some time that Bernstein and McNally effectively run the Town Council, but this is the first time that this has been documented.



Third, at the February 3 meeting, all four Councilpersons attended. This was a blatant violation of the open meetings law. It is required that whenever a majority of the Town Board meets on town business, it must be a meeting open to the public. All four of the Councilpersons know this, and thus their violation of the law is all the more severe. It is interesting, by the way, that Bass and Sheehan said that Barnes and Juettner were there because they would vote on the agreement when, of course, the Supervisor also would vote on the agreement, but the Supervisor was not even told about the meeting.



Fourth, at the February 3 meeting, Bernstein made it obvious that his intention was for Edgemont to acquire the property not for park purposes, or to keep Edgemont school enrollment down, but to acquire the only possible site for a town hall upon Edgemont’s secession from Greenburgh. I suspect that what was meant was the implementation of Bernstein’s long campaign to make Edgemont a separate village, though it is not impossible that he actually means to secede and make Edgemont a separate town.



Fifth, Bernstein’s secession plan was obviously approved by the four Councilpersons, all of whom were present when he made his announcement. This is further evidenced by the fact that Bass called S&R to expedite the agreement, even asking Mr. Troy to transfer the property on trust -- an invitation Mr. Troy wisely declined.



Sixth, this entire story demonstrates that the Councilpersons have essentially turned over their governmental authority to Bernstein and McNally, to the great detriment of the rest of the town. The secession of Edgemont, or its incorporation as a separate village, would dramatically reduce the tax base of the town. Edgemont, which has the most expensive homes in the town, obviously pays relatively larger town taxes than less wealthy areas. Edgemont’s town taxes would be cut by more than 90% if it becomes a village, and disappear altogether if secession takes place. This would cause the town to eliminate or sharply reduce many of its services and programs, to the detriment of every other section of unincorporated Greenburgh. The effect on Hartsdale, Fairview, East Irvington, Donald Park, Orchard Hill, North Elmsford, Mayfair-Knollwood, and every other area of unincorporated Greenburgh would be enormous and these areas would suffer greatly. And yet, the four Councilpersons were, and are, quite prepared to let it happen in order to give Bernstein and McNally what they would like, irrespective of the impact on others.



I urge you to read the entire affidavit. You will be shocked and angry. And you should show both your shock and anger to the four Councilpersons.



You may call or write to me if you have any questions.

PAUL FEINER

pfeiner@greenburghny.com






--------------------------------------------------------------------------------

Get a sneak peak of the all-new AOL.com.


--------------------------------------------------------------------------------

AOL now offers free email

YOSEMITE PARK CONCERT SERIES A BIG HIT

I have been attending the summer concert series at Yosemite Park (near the Theodore Young Community Center) for years. Tonight's concert was terrific --the turnout was a record high for a first concert of the series event. I was very pleased.
Over the years I have been upset at the turnout on the first concert of the year. In the past word spread during the season -later concerts generated better turnouts.
This year the center leadership worked very hard to generate a turnout for their first program. Their hard work paid off. The concert was terrific, the music excellent, people felt very safe thanks to the police presence.
I felt that the people took back their park. I was very pleased with the program. See you next Thursday.

LAND USE COMMITTEE AND DECISIONS MUST BE OPEN

I am requesting that the Land Use Committee of the town post agendas of the meetings on the internet and release minutes of all meetings.

UNISTAR CREDIT OPENS ON E HARTSDALE AVE

UniStar Credit Union will open their new bank on E Hartsdale Ave today at 4 PM. They are holding their ribbon cutting ceremony at 4:30 PM. On Saturday they will be giving out free hotdogs and drinks --just seconds away from the new jazz concerts they are sponsoring. The jazz concert (featuring a brazilian band) starts at noon across from the train station and ends at 2.

UPDATE-JULY 18 TOWN BD MEETING ON LIBRARY

I have asked that residents be provided with an update at our July 18th Town Board meeting of the library construction---budget and geothermal status.

LAST CHANCE TO SEE OLD TOWN HALL

If you want to take a last look at the old Town Hall you should drive to the site of the old Town Hall/library. The old Town Hall is currently being demolished. The site will be used for a parking lot for the new/expanded library. Construction of the library is expected to be completed by June, 2008.
It's interesting watching the construction take place --and observing the demolition process.

COMING SOON--CHILDREN'S GARDEN

coming soon--a Children's Garden at Harts Brook Nature Preserve. This garden, located off of Ridge Road, will be for children. Children will be able to sign up for an individual 4 feet by 8 feet raised bed. Each bed will have a master gardener assigned as a mentor. 12 beds will be assigned out. Children must be 8 years old. A child participant or a small group of children working in one garden bed must be accompanied by an adult whose responsibilities will be to garden with the child and to be totally responsible for the child's behavior.

WHAT'S HAPPENING WITH SIDEWALK POLICY???

What's happening with the sidewalk policy? The Town Council criticized me over a year ago for not having a sidewalk policy. The Council directed me to propose a sidewalk policy by the summer of 2006. I followed their directive. The Board never approved my policy. They never rejected the policy. They complained about the proposed policy but took no further action. A few months ago they issued a report about sidewalks--talking about the need for sidewalks.
We still don't have a sidewalk policy. I am urging the Town Board to either approve my proposed sidewalk policy or to come up with an alternative plan.
It's easy to criticize. It's harder to come up with a plan.

GREENBURGH DEMOCRACY--WEEK OF JULY 9

Please feel free to post your comments during the week of July 9th.

***TONIGHT---Conservation Advisory Council takes up issue of banning leaf blowers.

***CONCERTS AT YOSEMITE PARK --this Thursday night!

***RICHARD BOUKAS BRAZILIAN JAZZ CONCERT AT DESANTI PLAZA THIS SATURDAY ON E HARTSDALE AVE

NEEDED IN EDGEMONT: PLAYGROUND FOR PRE SCHOOL CHILDREN

Many residents of Edgemont, especially those with pre-school age children, have complained to me about the lack of playgrounds for pre-school age kids. There are two playgrounds in the elementary schools that the town built a number of years ago. But, the playgrounds are not accessible to parents and pre-school children during the day time.
I am looking for a location to build a pre-school age playground that could be used by parents during daytime hours when school is in session. I have reached out to the school district and others.
This could be a major quality of life enhancement.

GREAT MEETING WITH TOBY RITTER, E HARTSDALE AVE LANDLORD

I had a great meeting with Toby Ritter, landlord. Mr. Ritter owns many of the buildings on E Hartsdale Ave (commercial). He told me that he anticipates no long term vacancies on the avenue and provided me with very good news about the avenue. I am very pleased and optimistic!
He asked that the information he shared with me be kept confidential at this time but had no problem with me releasing the above info.

CONSERVATION ADVISORY COUNCIL TO TAKE UP ISSUE OF LEAF BLOWERS

Earlier this year I wrote to the Conservation Advisory Council urging the council to consider a leaf blower ban. Scarsdale and Yonekrs have tough anti leaf blower laws. Should Greenburgh ban leaf blowers from June 1 to September 30? If the town does not ban leaf blowers should we limit the time and days that landscapers/residents are allowed to use it? Do you feel that leaf blowers are harmful to the environment- noise and air pollution?
The Conservation Advisory Council will be discussing the issue at their July 9th meeting at 7:30 PM at Greenburgh Town Hall. The meeting is open to the public.

WIND TURBINE FOR HOUSEHOLD ENERGY

Visit www.engadget.com/2007/07/03
Generally speaking wind turbines have been reserved for more macro scale operations but a West Australian inventor believes he has developed a way to generate electricity for homes using wind power. This residential approach ues a modular turbine that is miniscule enough to perch atop any roof without causing too much unsightliness and can create power for the house to consume as the wind pushes its blades. Solar panels can be used in conjunction with the creation. The device is being funded by the West Australian government and could be ready for commercialization next year.

ENERGY CONSERVATION COORDINATOR APPOINTED TO PRESTIGIOUS STATE BD

Nikki Coddington, Greenburgh's energy conservation coordinator, has been appointed to the NYS Renewable Energy Task Force by Lt. Governor David Paterson. The goal of the Task Force is to identify and recommend ways of expanding the state's use of renewable energy and alternative fuels.
This is an honor not only to Nikki but also to Greenburgh. We are the first locality in the region to have an energy conservation coordinator.

TZ MUSIC FESTIVAL TONIGHT--FREE MUSIC

the Tappan Zee Music Festival opened last night at the Reform Church of the Tarrytowns. The festival continues at the church (located on Broadway) tonight and during the week.
July 2 6 to 10 PM ART SONG MARATHON
July 5 8 PM Four Good Reeds Saxophone Enssemble
July 6 7:30 PM Chamber Music Concert by Candlelight
July 7 Opera Gala Concert

INFO 591 6226 or TZMF.ORG
excellent music, outstanding opera, great voices and musicians
Celebrate the anniversaries of Grieg, Sibelius and Korngold
Thank you Dominique Hellsten of Irvington for organizing this program

GREENBURGH DEMOCRACY-WEEK OF JULY 2ND ..POST YOUR COMMENTS

Please feel free to post your comments about town issues.

FIREWORKS-- DOBBS FERRY, TARRYTOWN-----JULY 4th

CELEBRATE DEMOCRACY!