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SECOR HOMES CIVIC
ASSOCIATION, Inc.
P.O. Box 550, Ardsley, New
York 10502
April
7, 2005
Dear
Honorable Members of the Town Board:
I
respectfully request intervention of the Town Board regarding the
establishment of a budget committee charged with reviewing the allocation
of Part A and Part B of the Town’s budget and making recommendation on
same.
You
have all received the series of communications between me and the budget
committee chairman, appointed, I understand, by Mr. Feiner.
I
believe that Mr. Feiner erred in appointing a chair that is neither
independent nor impartial regarding whether certain taxes in Greenburgh
should be levied on unincorporated residents only or on the entire Town,
including the six villages.
As
you are aware, I had requested appointment to the budget committee and
both Mr. Feiner and his appointed chair declined. That well may be
within their right, and I take no offense at not being part of the
committee. However, Mr. Feiner’s chair, in his first communication
to me, characterized me as lacking impartiality merely because I am a
civic association president. I suggested otherwise and pointed out,
correctly, that the chair, himself, is neither impartial nor independent
having intervened in the legal suit, Bernstein
v. Feiner, on behalf of himself and the six villages.
His intervention, which the Mayors of the six villages did not choose to
join (nor did they intervene directly in the case) is confirmation of his
inability to lead an allegedly impartial review of the allocation of Town
expenses between unincorporated residents and village residents.
I
attach for your review and attention the full text of the appointed
chair’s Affidavit to the New York State Supreme Court in the County of
Westchester, and a detailed letter he submitted to the Appellate Division
of the Supreme Court. Both documents confirm the appointed chair’s
bias. Excerpts follow:
“Mr.
Bernstein purports to speak for the residents of the Town Outside
[unincorporated residents]…But no one has spoken for the residents
of the six incorporated villages.” [underline is part of the
letter] [Letter
of Herbert Rosenberg to the Appellate Division, Second Department,
November 23, 2004]
“I
am not a party to this action, although it is my intention to intervene
in this action….My interest in making this affidavit and my
prospective intervention is based on the fact that the true parties in
interest…are the residents of the six villages which are part of the
Town of Greenburgh---just as Petitioner Bernstein’s true interest is
as a resident of the unincorporated area of the Town of Greenburgh.”
[Affidavit of Herbert Rosenberg to
the Supreme Court of the State of New York County of Westchester,
January 5, 2005]
Mr.
Rosenberg sought to intervene in a lawsuit on behalf of village interests,
as is his right. Mr. Rosenberg cannot now purport to be either fair
or independent in a committee process requiring balance. He, therefore,
should resign from the committee, or the Supervisor should remove him.
Further,
Mr. Rosenberg’s subsequent ad hominem attacks
on me notwithstanding, I believe that his intemperate, and, frankly,
condescending, communications to a longstanding civic leader, demonstrate
he has little understanding of the complexities of this Town, and the
issues he will face.
But
the real issue is that a committee of the Supervisor is a private,
advisory committee for the Supervisor, and it is not governed by the open
meetings law and can meet and decide without public input. If the
Supervisor wishes to go forward with this committee, so be it. But
the taxpayers of the Town Entire should not be footing the bill for
meetings, staff, and the many expenses resulting from group meetings,
without the appropriate safeguards for public input and involvement
required by State and Town law
I
understand that the Town Board plans to retain, through an RFP process, an
independent consultant to review the allocations to Part A and Part B
budgets, and make recommendations to the Board. This consultant
should study the issues independently of any committee, particularly one
not governed by the open meetings law. Accordingly, the
independent consultant should in no manner “staff” this
private/advisory committee or be required to interact with the committee.
Otherwise, the Town Board would be reneging on its fiduciary
responsibility to represent and protect, impartially, all of the Town’s
residents.
Sincerely,
/signed/
Carol
A. Wielk, President
Secor Homes Civic Association, Inc. |