Town supervisor says East Hartstill emergency repair may be illegal; board defends emergency procurement

The Greenburgh Town Supervisor pressed the board to delay authorization of a multi‑million‑dollar sewer repair for East Hartstill Avenue, saying the town may be violating procurement rules by continuing the contract without a competitive bid. “I believe that, this is gonna cost possibly $5,165,000,” the Town Supervisor said, and asked whether the board should wait until the state comptroller’s legal division has weighed in.

Other board members and staff disagreed about the procurement’s legality and urgency, describing ongoing sewage backups at 100 East Hartstill Avenue and arguing that an in‑place repair found by Public Works staff would be less disruptive and quicker to implement than a larger project that would go around a building. One committee member urged rapid action, saying, “The residents of East Hartshill Avenue are fed up with the sewage,” and warned the job needs to proceed before the school year to minimize traffic impacts.

Board discussion covered estimated costs, prior contract history, and letters from the local construction industry council asking for competitive bidding. Staff said the current action is an extension of an existing contract and that the town intends to proceed as an emergency project, but members asked for clearer documentation and for the town attorney to confirm whether the state comptroller’s advisory opinions change the board’s authority to approve the work that evening.

The board did not record a final vote on the emergency authorization during the work session. Members discussed options to proceed now and potentially revisit or rescind the authorization if the comptroller identifies a legal problem; staff advised that rescinding after work has started could be complicated. The matter was on the agenda for the regular meeting later the same night.