I received the following from the Town Atty re: abandoned Kathwood properties that has been the subject of litigation. Thought you would be interested in the memo from the Town Atty.
The developers of the Kathwood properties received final subdivision approval from the Town Planning Board to build homes on 5 of the 6 lots about a month ago. At this point, the only delay is the filing of the subdivision map with the County of Westchester Division of Land Record. The map requires several Town, County and other signatures before it can be filed. Once proof that the map is filed is provided to the Building Inspector, a building permit will be issued and construction will proceed.
Work Session Agenda of the Greenburgh Town Board
Tuesday – July 29, 2008
(All Work Sessions are Televised Live on Cablevision Channel 76, Verizon 32 and are streamed live. Work Sessions and Town Board Meetings will be aired each Friday, Saturday and Sunday starting at 7:02am and 4:45pm. Each segment will run for approximately 6 to 7 hours, depending upon the length of the two meetings.)
2:00p.m. Special Meeting of the Town Board
2:30p.m. Greenburgh Nature Center
2:45p.m. Greenburgh Health Center
3:00p.m. Budget Review and Mayfair-Knowllwood Issues: Police Department
3:30p.m. Budget Review: Town Attorney
4:00p.m. Leaf Blower Ban Law
4:15:p.m. TDYCC (Re: ATS Building)
4:30p.m. Youth Programs: Guest Speakers: Executive Directors of the Nepperhan
Community Center/Yonkers and the White Plains Youth Bureau
5:00p.m. Executive Session
5:30p.m. Adjourn
East Hartsdale Farmers Market Live Outdoor Music Series – Performances to Date
July 26th – Charles Montgomery: 12:00noon to 2:00pm
and Wednesday, August 27, 2008 from 6:45pm to 7:30pm
August 2nd – Julie Corbalis
also Al Frankel and The Blues Dogs
September 6th – Westchester Harp Ensemble: 10:00am – 11:00am
October 11th – Ceasar Cantori
We are looking for more jazz artists! Please contact Judith Beville, Town Clerk at: 993-1500
Upcoming Work Sessions
August 5, 2008 – Work Session – Tentative
· Budget Review – TDYCC.
· Budget Review – Town Comptroller
House calls / Community Outreach Meetings:
· Monday, July 28th – 7:15p.m.: Greenville School, Edgemont
(followed by house calls)
· Monday, August 4th – 7:15pm: Valimar
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52 comments:
Scarsdale Inquirer had a nice Inquiring Photographer piece in today's paper, praising our great town.
Yes, and the Inquiror also has the following headlines:
1. Serious crime up 6%
2. Greenburgh Police bust teens for buying beer.
Will someone please explain to Feiner that we are more concerned about burglaries and home invasions. Oh right, he doesnt care, he lives in a gated community.
Where's Valimar?
Serious crime will continue to go up if the economy continues to go south. Crime in this town is still at historic lows. The police do a good job. They have a good track record catching the bad guys.
Yeah, tell that to the families in Edgemont who're so worried about burglaries in their neighborhood that they've hired their own security force -- consisting of retired Greenburgh cops!
Todays Journal News reports that the Democratic Party in MT Vernon is being investigated.
Pray tell is not Mt. Vernon part of the Westchester Government.
Why the probe if this town forgetting about where and who runs the county??????????
The papers carried an article stating that the crime in Greenburgh is up 6%.
Where did you hear that crime was down.
Not in this town sorry.
Not only do the residents have to hire their own security but they still have to pay taxes supporting the police with their overtime.
Paul can't you see that there is someting wrong with this picture.
What part of Paul doesnt care about Edgemont dont you understand. The Villages have their own police. He lives in a gated community. The Greenburgh police are on stakeouts looking for teenagers buying beer.
Greenburgh police spend too much assets on providing medical services. This should be provided by the fire departments. The police should be more concerned with crime prevention. Also, let the villages take care of their own police affairs.
"Also, let the villages take care of their own police affairs."
Why would Greenburgh police have anything to do with any villages (except helping out, of course, in an emergency)?
Feiner and the Town Board are making housecalls in Edgemont on Monday night. THey're congregating at Greenville School. They seem to really care. They are working days and nights, helping us.
To 7:26 10:54 PM
I can only assume that you are joking, right? When the Town Board goes "house to house, are they telling taxpayers that they are facing an increase in their taxes of anywhere between 10% at the low end and possibly in excess of 20% at the high end?
You wrote "They seem to really care." Well they've got you fooled. While Rome burns, they take up work session time and Greenburgh staff resources worrying about vending machines. Seem to care. A perfect characterization. All for show and no substance.
Did you see this week's work session and the TDYCC presentation? If not, take some time.
I was at one of the so called housecall meetings in Hartsdale. The Supervisor and Town Board members spent over an hour discussing possible tax hikes and tax cuts. There was a frank and productive discussion of the many options the Board faces.
A good meeting, informative too.
9:06 -- gee lets see -- Kapicas Navy, the boat, the Greenburgh Alcholhol and Drug Task force.
We, in uunincorporated Greenburgh, are paying plenty for police work in teh Villages. It has to stop.
6:59 "possible tax hikes" -- tax cuts??? You are joking right.
It isn't the just overwhelming need to get re-elected, or the unwillingness to apologize for mistakes, or the arrogance borne of nine terms in office that makes things difficult in Greenburgh. It is also a fantasy, nurtured by Feiner on behalf of a dwindling constituency, that Greenburgh is still a small town. The Supervisor and friends are thrilled that Greenburgh was named among the good places to live - but Money Magazine classified Greenburgh as "a small city". The needs of cities and small towns are very different. Cities need professional management - including people who can manage projects and keep them on time and on budget. Cities need department heads whose qualifications extend into competence in the areas of for which they are responsible - like knowing that Parks and Recreation folks should not be responsible for administering social service programs or sweeping the streets. Cities need leadership which make the hard choices between acquiring more parkland and increasing the ratables. Cities are vibrant, growing places which attract new residents and businesses based on the future - not remininsces of past glories.
Next time you think with pride of Greenburgh's designation by a national magazine - remember what the award was for.
Did Mr. Feiner and friends remember to file for a building use permit? Or does he believe that the rules are only for others?
Dear anonymous: You poo poo the MONEY MAGAZINE designation of Greenburgh as one of the best places to live. Fine. What about S & P's decision to boost the towns bond rating to triple A, the highest rating possible, one achieved by few local governments. A coincidence? A mistake too? I think you're jealous!
We live in the best town. As far as I'm concerned we're not 80th best. We're number 1.
Great town. Great services. Great public servants. I LUV GREENBURGH.
...the AF Veteran kiddy pool is awesome.
I wonder what S&P will have to say about the town's triple A bond rating when it finds out that the town misrepresented in its bond disclosures the size of its multimillion dollar exposure in the Fortress Bible litigation. Should the town lose that lawsuit, that might make for one helluva story in Money Magazine.
To 7/27 4:26 PM (aka a superlawyer from Edgemont)
The disclosure that you refer to was reviewed by the Town's bond counsel (a true superlawyer in every way, recognized not by an advertisement by by his peers), bond counsel for the underwriters, the external financial advisor to the Town, the Town Attorney, the Town Comptroller and the Town Deputy Comptroller. Will this litigation turn out differently than presented, who knows. But there was no misrepresentation.
You know about it because a "birdie" tipped you off. Don't bite the "birdie" that feeds you. And by the way, you missed the forest for the trees.
4:58,
I am not a lawyer, but read the Fortress litigation months ago, and found it problematic.
The Fortress Bible lawsuit is problematic. Thankfully, the Supervisor and Town Council members stood up for the people and are fighting to protect our safety. This case may go to the United States Supreme Court. Localities should have the ability to say no to religious institutions for safety reasons.
did the superlawyer from edgemont take out a paid ad in superlawyer mag?
What's with all the "insider" references to a superlawyer from Edgemont? There are several lawyers in Greenburgh who've been recognized by that publication. Are they all blogging here or is it just one you have in mind?
I assume the issue being raised has to do with whether the town understated its potential liability in the Fortress Bible litigation. All one has to do to know is compare the amount of the plaintiff's damage claim with the amount described in the town's bond offering documents. If they match, there's no problem. But if they don't, the town may have a big problem on its hands.
And as for the Fortress Bible litigation itself, it doesn't matter what Feiner and the Town Board claim they did to "fight." If the court finds they stepped over the legal line -- and in particular if it's found that Feiner himself stepped over the legal line -- all town taxpayers may have to millions of dollars because insurance generally doesn't cover intentional wrongdoing.
Superlawyer Magazine says no ads were purchased last year or this year by any lawyers from Edgemont. The magazine also says that lawyers are recognized as superlawyers solely based on nominations received from other lawyers.
10:33,
How in the world is the Fortress location a safety issue? The location has multiple egresses and is located on or close to major thoroughfares. At the same time, the Town allowed a number of variances for another nearby Church to expand. And it didnt help that the Supervisor requested the donation of a Fire Truck to expedite the approvals.
The fire truck was a joke.
We all knew that this religious group could no way in hell build a place of worship for it's congregation.
Dobbs ferry Rd.is already overcrowded.
Forget about Hartsdale ave.
The Sprain Parkway is a total mess and it gets more and more dangerous to travel
So tell me how would these people get to church maybe by choppers. huh.
The people that picked up the land should have investigated the surroundings before the purchase.
But this is one thing that they did not do and furthermore they knew dam well that the neighbors did not want this project to proceed.
We have enough chuches in this immediate area.Bringing in worshipers from other areas is more than we could take.
Whatever was said by Feiner about the fire truck was said in a jokeing manner.
there is so much land in Mt.Vernon why shoild they come here where they willbe disrupting all our lives with their traffic.
Where will they be parking their cars maybe along the Sprain.
I do hope that the judge that handles this case takes into consideration what we are going through with everyday traffic .
We also have three schools comming off of Dobbs Ferry Rd.
Safety yes should come first for our children .
These people do not want to consider the neighbors at all.
Since the church will be tax exempt putting another church in that area will raise taxes galore for the residents.
I do hope that the judges realize the hardship that will be place on the taxpayers in Greenburgh plus the safety factor for our children going to school.
I just sent this to the Town Board.
Let's not revisit the foibles of Iagallo and instead think about what the current Tax Assessor does.
"As some of you may be aware, I have a "hit list" of Town Department heads.
For good or bad decision-making, these heads mostly put in the hours and are visible around Town Hall.
However, one department head not only presides over the Titanic as it sinks, but has convinced the Town Board to purchase leaking lifeboats to use when it gets back from its maiden voyage.
This department head, in the course of running the business, regularly engages outside consultants and legal counsel; the Town Board routinely approves these hires and, at the end of the day, the Town cuts still another check to claimants because this department cannot staunch the hemorrhaging of our tax dollars -- whether intentional or not.
Of course, I am discussing Edye McCarthy and the Town Assessor's Department.
The Town spends thousands and thousands of dollars on new software, appraisals and legal fees only to see ratables continue plunging downward. And not because there is a dearth of new construction or renovation either.
If the answer du jour is that the ratable problem is not of the Town's making or that the Assessor's hands are tied, then perhaps we should consider why the Town spends $128,750 on salary for a position that is filled by an absentee manager who can do little to hold the line on ratables.
Do we need a state of the art department so that are tax revenues may be more efficiently reduced?
To be continually on the losing side of tax cert cases is no great distinction even in a town/city that prides itself having achieved a #80 ranking. If we cannot win these cases (and this is not to say that we are not represented by less than professionals submitting legal briefs) then the Town might want to consider cutting back on departmental costs -- starting at the top.
This frustration regarding the Assessor's function and compensation has been voiced before but what brings it out again is my recent observation that Ms. McCarthy has branched out and has decided to share her unique talents with others -- for additional pay. Unlike the stewardship of former Assessor, Iagello, his extra-curricular activites were confined to near-by locales including villages which were part of Greenburgh. In the July 23 Journal News, I learn that Ms. Mcarthy has accepted part-time work for Haverstraw, a municipality in Rockland County. Work which pays $20,000 a year. Unhappy Greenburgh taxpayers might want to question why we can afford to pay for the full-time "effort" of someone who may well be sharing some of this "effort" with another employer(s) -- one with no ties to Greenburgh or even Westchester County. Please don't answer that she only is working elsewhere at night or during her lunch break. Don't even try.
How about we explore the immediate benefits of losing cert cases without the benefit of a paid Tax Assessor collecting salary and benefits."
For fans of "Where's Waldo?", I propose this new game, "Where's Edye?" Don't waste your time looking in Town Hall, she must be out inspecting property.
Samis once again shoots first and aims perhaps not at all. This time he attacks Edye McCarthy, the town assessor, for taking a part-time assessor's position in the Village of Haverstraw in Rockland County. The appointment was in the newspaper, so she's obviously not trying to hide it. Therefore, did Samis (or the person who tipped him off) bother to check to see Ms. McCarthy's contract with the town? After all, it was approved by Feiner. Did Samis check with him to see whether such additional employment was permitted? It stands to reason that if his friend Iagallo was permitted to do it, and he was, that she would be too, doesn't it?
Do you think the town can just break her contract, Samis? Doesn't the Town have enough lawsuits on its hands without having to add another one? Or not being a taxpayer does Samis really not care?
If she can work partime in another town why do we have her on board as a full time person who is receiving big time money.
Get rid of her.
She doesn't fit the bill as an assessor of the town of Greenburgh.
What has she done up to now in that position?
Samis is not the only one who has complained about her so stop saying that he has another axe to grind.
So far he has been right on the button with his comments.
Had the entire board listened to him from the beginning we would have been on easy street rather than counting pennies
Dear anonymous,Have YOU bothered to check her contract?You don't know do you, you're the one shooting and in this case blanks.
If, race you to FOIL, the assessor is in violation of her contract, then the Town would be enforcing it, not breaking it and a lawsuit would be unlikely -- because, as you say, the story is in the newspaper.
If that fine laddie Mr. Sheehan had been so concerned about Mr. Iagallo's other employments, perhaps being the good lad he would have put a stop to this practice when the Town Board hired Ms. McCarthy. It is not as though either Iagallo or McCarthy were starving and would have had to take in laundry to get by.
Maybe all the software the Town is buying for the Assessor (see capital budget, items purchased even before the capital budget was brought before the Public) are items that will facilitate her ability to work at other jobs. Who knows?
But how do YOU feel about a Town Department head, earning a fair amount of money, taking on outside assignments. It is not as though Greenburgh's situation with declining ratables is a desirable one and perhaps a greater effort to find ways to counter this trend would be a work priority of the Assessor.
And then there's your truly original thought; the story was in the newspaper so Ms. McCarthy wasn't trying to hide it. Now, no one is accusing her of trying to hideanything. For all I know, she might have even asked permission before accepting the job. Did she?But, people who DO try to hide things often find that this desire is thwarted when they found that it has appeared in the newspaper.
But here's another example of an anonymous blogger in a dither because of what? He was forced to read my posting? I've written something that is untrue? What's the harm in providing information?
Readers can form their own conclusions.
You know, I think that anonymous has a little bit of the Irish in him. Otherwise why has this become such a donnybrook? Could ye have a little bit of the faerie in ye? Let's see McCarthy, does that name convey a wee bit of the olde Eire? Who else be Irish in Greenburgh, perhaps on the Town Board? Who else would like to be assuring all the good folk that this is just a wee bit of the old all right. Begorrah, or is it just be more of god's smiling down on the little people.
To 7/28, 5:48 and all the rest of you "he doesn't pay taxes so..." Over the past few years he has shown he CARES more than any of those who are PAID to care...the Town Board.
We're sitting on back-to-back 20% property tax increases; we have a library costing more than the voters approved in a referendum, and our Town Board still refuses to admit it, and by the way, if the library project is "on time" how come we a a $49,000 bill for asphalt bought later than expected BECAUSE of DELAYS? ; we have problems which have yet to surface (million, multi million dollar exposure) and the board spends hours on "vending machine income ($1.25 or so) and cutting out $2,000 programs.
And the man who "doesn't care" (because he doesn't pay taxes is the one to expose the problems confronting all of us tax payers. And A-HOLES like you 5:48 trash him. What in Hades name have you done for this community? Being third rate captious doesn't count.
When you have something to contribute, you still don't have permission to denigrate him because his contributions are too great for you to catch up to. So maybe you should retire to Anonymous Haven where "nobody knows your name," and nobody gives a barnyard byproduct.
Ed,
I realize that the library will go over budget, by to me, a relatively small amount. I think that the same people who didnt want the library originally are still sore. But it was voted on and passed. Cant they move along. Lets talk about all the things not voted on.
1. Taxter Ridge (OK, over and done with)
2. Repayment of GHA policing?
3. Police OT.
4. TDYCC budget.
SAmis for some obsure reason seems to think it is good to encourage residential development, which will cost in school taxes, to generate a lesser amount of town taxes. Does anyone else think it is good to pay $5 to get $1? Your thoughts Ed.
Sorry Ed, Anonymous at 5:48 raises a good point. Before Samis or anyone makes another personal attack on a non-elected town employee, don't you think it makes sense for him or her to find out whether the employee is living up to the terms of his or her contract. Samis might not like the fact that this person has taken another job, especially in these difficult times, but either it's permitted under her contract or the town board gave her permission to do it, or she's doing something that's not been authorized. So rather than attack her for doing something she may have been perfectly entitled to do, perhaps Samis should first take aim at the elected officials responsible for allowing this. Let them tell us why this is okay. Why do you have a problem with that? Don't you think the employee has any rights here? I'm sorry, but Samis hasn't earned the right to abuse anyone in my book and neither have you.
Thanks again, to Ed. However again the problem is that some anonymous poseur sets the bar at a level of his own dictation and proceeds to create mayhem as though his contribution is undisputed and proven. Again I refer readers to the videotape or, in blog terms, scroll up to my comments about the office of the assessor and the assessor, herself. Thus, look today at 4:33 and 8:27. What there would a reasonable man declare to be a "personal "attack"? Reviewing it for fifth time, all I see are facts about the office, the person in the office and opinions relating to a persistent ratable problem in Greenburgh. The only "empirical" statement refers to my disclosure that the Town Assessor is seldom at Town Hall. But you don't have to take my word, there are many Town employees working in Town Hall who can't find her either. Perhaps her computer can show her log-in times if we have to go to Court over this.
But if discussing a well-paid Town employee (a Department Head) is to be considered off limits to residents, then residents deserve 20% tax increases. Rememer, I am not discussing a low level clerk but the person who presumably makes and administers policy for their department. If writing about this is a no-no, then let's not read anything more on this blog about garbage pick-ups, week-wacking, bagging leaves, bathroom conditions at town parks, swim programs at the Community Center etc. Department Heads, not being elected, only appointed, cannot be discussed or criticized in the specific. If this seems unreasonable, then let's read from MY attackers, what they SPECIFICALLY consider to be my "attack" on the Town Assessor.
Every time we go through this dance it is always the same old, same old: thrust, parry, thrust, parry then run, run, run.
Then there are the anonymous poseurs who complain: enough about the Library. So now I am discussing the Assessor's Office but that door shouldn't be opened either. And if I knock on the Police Department door, I shouldn't go there either.
Perhaps I should follow the example of the Town Board and just speak privately to one resident at a time, nothing on camera, nothing on the record, nothing in the blog archives.
And sorry, not everything in Town interests me or I can get information about. Perhaps those that would direct me to attack their favorite peeves would care to finance my efforts on their behalf. In the meanwhile, I'll go where I please, invited or not.
Now to 10:22, also lacking a birth right.
The comment about my interest in residential development has been around for some time.
The thesis is that the Town loses money on residential development and that some types of residential development pay less than their fair share.
This is based on some study(ies) which I have not read but would like to and apply the Samis treatment. I need to know the methodology, how old they are and who financed these studies.
So 10:22, bring it on! If you can make a copy of the study available or direct me to where it can be downloaded I would be happy to look it over. WARNING: you may not be happy with my analysis but let's give it a try.
Finally, my prejudices evolve from this observation: everyone who already lives here (excepting those who would like to subdivide their own property) seems to want to slam the door shut on additional development. That would include the guy who moved here five years ago and doesn't want anyone else more nouveaux to join the party.
Oddly enough, this interest might be diagnosed as self-serving. If you wanted to sell your home in a tight market, you wouldn't want to have 50 other sellers in competition would you. By limiting new development (and often the newer product is more desirable than the older model), all this talk about concerns for everyone, really masks thinking about yourself, first, last and only. Time to trot out Ayn Rand again...
So get me in touch with those fabulous, unimpeachable studies and let's see if the swiss cheese really is holier than the doughnut.
Samis is correct when he expresses his opposition to the assessor being named to a part time job in Haverstraw.
But instead of attacking the elected officials who allowed this to happen, Samis attacks the assessor. Same old Samis. Big yawn. Atlas Shrugged. Even bigger yawn.
Again, "attack"!
Where does "attack" occur in my posts on this problem?
Maybe you need to take a long nap or to stop confusing non-fiction with fiction.
And, how do you know that the Town Board allowed this to happen?
Or that the Town Board will tolerate this?
Maybe an Executive Session will provide some answers.
10:22 I appreciate your civility. However, a relatively small amount," can only be judged when all the bills are in. At this point confusion is the word of the day. I bet no one in Greenburgh knows how much is outstanding. My guess is after all is said and done it won't be a small amount. Besides when we're looking at a 20/20 tax increase, every $400,000 adds up.
10:24 I haven't abused people, only beings who abuse others. Besides when I speak harshly, every reader knows where it's coming from. The same can't be said for most.
My guess is gentility will manifest itself on this blog only when ANONYMOUS is outlawed.
This assessor is by far the worse we have had in Greenburgh.
Did she not have enough of an income from this town that she had to take on another position.Does she not know that she is taking a job away from someone that may need a job.
Anyone with this type of a mind should be let go asap.
She exemplifies the word greed to the hightest degree.
Will she be using the towns software to benefit her new partime position.
Why is this assessor any worse than the previous one. Iagello had a consulting gig with Bronxville. We dont know if he did their work, billing them, while sitting in our offices.
We should not allow these arrangements. We pay enough. It is not right. If we want jobs for our young people, we can not allow public servants to take two.
I have to say we all bitch and complain about our town government but they are visible.....look what the Hartsdale Fire Department is doing.......looks like they overspent our huge bond that was voted on by a lot less people than the library.
This was found on "craigslist" it is like ebay!
hartsdale fire dept wish list
Reply to: sale-769255097@craigslist.org
Date: 2008-07-25, 9:49AM EDT
looking for some things for our firehouse if you can help it would be great, also tax excempt letter available.
A dinning table and 6 chairs
At least 4 recliners or simular type of chair for watching TV, etc.
Desk and 2 chairs for the captain's office.
Night stands or other small chairs for the bedrooms.
10 lockers for temporary use (until next budget year).
Downstairs:
A table and chairs for deskwatch area.
Maybe a recliner or simular type of chair for watching TV, etc.
thanks pete you can contact me by cell phone 914-403-7428 or email at gags196@aol.com
kinda funny what did they spens all of our money on....lets see the accounting on this project.... im glad they need chairs to watch TV....
HAL can u look into this?
Hal Samis in The Journal News 7/24
"Resident Hal Samis, a frequent and vocal critic of the town's spending on the library project, suggested that the board use the grants to reduce the overall cost of the bond, though town officials say that's not possible."
"You can't use state money to offset a bond voted on by the town of Greenburgh," Sheehan said.
TB-1, voted upon by the Town Board at its Special Town Board Meeting, Tuesday afternoon 7/22 following the Town Board work session. Mr. Sheehan, accepts a writing credit for this Resolution.
"Whereas, the Town Board has been advised that grant money available for acceptance by the Town cannot be used to reduce the $19,867,747 bond approved by the voters;"
So, who would know better, Hal Samis, critic or Francis Sheehan, Town Councilman?
Who is looking to lessen the burden on taxpayers, Hal Samis, the critic, or Francis Sheehan, Town Councilman?
Why does the Town Board conduct Town Business during the summer at Special Town Board meetings (held during the afternoon) which do not allow public comment?
Hal Samis was present at the Special Town Board meeting and came there to save taxpayers a needless $400,000 giveaway (the Library was on budget so why do they need more money?) and argue that it should be used to reduce the bonding expense.
Hal Samis, the critic or Francis Sheehan, Town Councilman. The tiger or the laddie. How about reading the fruits of FOIL before you pass judgement.
From Mike Kolesar, Town Comptroller a forward to the Town Board and the Town Attorney of his correspondence with the Town's Bond Counsel, Randloph Mayer.
You be the judge.
Note that this was sent Tuesday morning, well in advance of the Town Board's Work Session/Special Meeting.
From: Michael Kolesar
Sent: Tuesday, July 22, 2008 7:46 AM
To: Diana Juettner; Francis Sheehan; Kevin Morgan; Paul Feiner; Sonja Brown
Cc: Timothy Lewis
Subject: FW: Board Resolution
My original message to bond counsel on Sunday speaks for itself and I pass along his response.
From: Mayer, Randolph J.
Sent: Monday, July 21, 2008 2:06 PM
To: Michael Kolesar
Cc: Bart J. Talamini; Timothy Lewis
Subject: RE: Board Resolution
Hello Michael.
I don't know who advised the Town that grant money cannot be used "to reduce" the authorized bond amount. There are several true statements that, taken together, might give someone an incorrect impression, and maybe that happened here.
First, it is certainly true that the Town is not obligated to issue the full authorized amount of the bonds. The Town can always substitute other funds that it appropriates from any source for any portion of the authorized bond amount. It is common for issuers to rely on the entire bond authorization for a project by issuing bond anticipation notes in the full authorized amount, and then to pay part of the principal on the notes from any grant moneys that come in, thereby reducing the ultimate size of the bond issue when it is later issued to refund the notes.
So long as the bond amount is correspondingly reduced, the Town may appropriate additional moneys to the original project without amending the maximum estimated cost in the bond resolution. No amendment of the bond resolution would be necessary to reduce the bond amount because it would be a natural consequence of having to stay within the estimated maximum cost.
My previous letter on this topic states the situation accurately. If the grants are allocated to enhancements to the original project that were not originally contemplated, or at least are strictly optional items (items that could be omitted without causing the project to be substantially compromised so that it does not fit within the description of the original project in the bond resolution), it may be possible to argue that the grants are for independent enhancements to the original project, not included within the original estimated maximum cost. Such items could be undertaken as additional improvements to the original project without amending the estimated maximum cost of the original project. If, on the other hand, the additional funds above the authorized bond amount are to pay for components of the original project, then either i) the estimated maximum cost of the original project has increased, and proceedings must be undertaken to amend the estimated maximum cost in the bond resolution, or ii) the estimated maximum cost has remained the same, so the amount of bonds to be issued must be reduced.
Grants for enhancements to the original project can always be accepted and applied. Grants to pay for components of the original project may be accepted and applied to project costs at any time also, and if so, the amount of bonds to be issued would be reduced by the amount of grant moneys applied, unless the estimated maximum cost of the project is increased by amendment of the bond resolution.
I hope the foregoing is useful to you, but please don't hesitate to contact me if you have any questions or I can otherwise be helpful.
Randolph J. Mayer, Esq.
From: Michael Kolesar
Sent: Sunday, July 20, 2008 3:17 PM
To: Mayer, Randolph J.
Cc: Bart J. Talamini
Subject: Board Resolution
Randy, separate from, but on the same meeting agenda, there is a Town Board resolution that may contain some inaccurate information related to the Library project, so I pass it along for your information.
One of the phrases states:
"WHEREAS, the Town Board has been advised that grant money available for acceptance by the Town cannot be used to reduce the $19,867,747 bond approved by the voters;....."
Is that true? Do you know who provided that advice?
Also:
"BE IT FURTHER RESOLVED, the Town Board is desirous of accepting federal, state, county and other external grant money targeted for improving the library and, if the Town's bond counsel so requires, will modify the wording of the original bond resolution so such grants may be accepted; and will keep the library expansion on budget by not exceeding the $19,867,747 bond amount, any external grant money targeted for the library, and private donations..."
Question one - isn't it the LAW that requires the amendment to the original bond resolution and not bond counsel? Isn't the wording about the acceptance of grants incorrect?
I can send you the complete Town Board resolution if you want or you can see it on the Town's web site under Board resoplutions for July 22, 2008.
Regards,
Mike
(end of FOIL requested emails of written opinions)
You can see why the Town Board, trekking through the wilds of Greenburgh on a mission enlist the public's input on how to reduce taxes would not want to handle this in the air-conditioned comfort of Town Hall where public comment might be on camera and a record would be created. It is not what they say they're going to do but what they do.
The only reason Sheehan wanted this money to go as additional money to the Library is because his personal future in on the line. He argued against replacing Al Regula with a pro and he argued for a bus ramp that now turns out not to be an ADA requirement.
And what Francis wants, Francis gets.
If you saw this as a pop-up window on your computer:
"Always accept content from Francis Sheehan", do your pocketbook a favor and check the box, "I decline".
The Town Board may be on summer hours but Samis is not.
To 9:34, Hal only cares about what Feiner cares about. So he is against the library.
Dear 10:43,
For $100 an hour, I'll look into many other issues. Put up or shut up.
Otherwise I'll spend my spare time how I see fit; not how anonymous bloggers think I should.
Sorry Samis was not against the library he was against many issues about the construction and why so much money.
He wanted a great library but not with the problems that we are and will be facing.
He was right on target with a lot of issues that were never answered .
He told us that there was something wrong with the planning ,construction and management of the project.
It's not costing the amount agreed upon from the beginning but will go over budget by two to three million dollars if we are lucky.
How can you say that he was against the library when at ever meeting he commented on another phase of construction.
This man has enlightened many of us as to what is going on in this 80th great town.
He does his homework and lets it be known what is wrong and what is right.
Samis you are a friend of many in the town of Greenburgh.
Keep hammering away maybe the board and the rest of the redidents will see and hear what you are trying to do to bring some stability to our town government.
Oh well it is easy to praise someone that does nothing for this town but giving kudos to someone that speaks out with plenty of authority is something hard for many of us to do.
Samis is what we needed for some time to tell this town government that big brother is watching every step of the way.
Does the board take his advice no.
Why because they are stupid.
Samis thank you many times over and over again. You are trying to school each and everyone of us the honest way of running a government.
Here in this town honesty does not pay.
sheehanigans exposed again.
one wonders if sheehan is allergic to the truth.
was it because he was allegedly a republican before he was a democrat?
sheehan - terrible for greenburgh.
Samis hates libraries and schools. He wants development which will cost schools money. He brags that he sent his son to private school. Is this the type of person you want deciding anything.
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