Contaminated Fields

In response to continued denials  by the board of education president that there was no prior proposal and that there was no prior warning about a similar fill for fields deal, we have again called and comfirmed that deal with former Superintendent Frank Ehrhart.  There is no question about it.  This deal is also confirmed in the Gannett Fleming report of November 2005 that can be found on this website.  Consider this as you read on. 

The New York State Comptroller's Department has issued a scathing audit of three school districts, including the Valhalla school district and the town of Eastchester.  We knew this was coming and infact, the Valhalla Voice has been pressuring the Comptroller's office to release the audit that was completed in January 2005.  In a districtwide mailing, at taxpayer expense, the superintendent continues so claim that the board and administration did nothing wrong, but the facts prove differently and the Comptrollers Department has issued a reprimand to the district.  You can see the latest Comptroller's letter to the New Dr. Kelly by clicking the newsboy at the right of this article.  The district continues to spoon feed only what it considers favorable information to the residents, never admits its failings and errors and selectively touts its meager accomplishments.

Until now, the scope of the illegal deals and fiscal irresponsibility could only be guessed.  We have been saying these deals were ill conceived, putting children at risk and costing the taxpayers millions, now the truth is known.  And finally we know that the Valhalla zigurrat is contaminated with cancer causing agents, the board has hidden this from the public for two years and made the children play on the field this spring.    

We quote the audit in Red

"By accepting C&D (construction and demolition) debris in exchange for athletic fields, the Districts and the Town essentially operated solid-waste disposal facilities without obtaining appropriate permets, and without adhering to State Environmental Quality Review Act (SEQRA) requirements"    

Imagine a solid waste facility right at the Kensico School.  Who is accountable for this?

"The Greenburgh, Valhalla and Eastchester School District and the Town of Eastchester allowed dirt haulers to essentially operate unregulated landfills..."

And who is accountable for this? 

"In November 2003, after learning about the problems in the Eastchester  and Greenburgh, Valhalla District officials contacted DEC to help them ascertain whether their field-renovation project presented an environmental hazard"

After learning about the problems?  Weren't we told our officials were being pro-active?  Their time lines never are in sync. The more they talk, the deeper they dig.  Who is accountable for this?

"The three School Districts and the Town did not acquire their athletic fields in an appropriate manner or at a reasonable cost"

Who is accountable for this?

"As a result these athletic fields will cost the Districts well in excess of $1,000,000" 

"The three (school) Districts did not obtain voter approval for the construction, purchase, and financing of their artificial-turf fields.  In addition, the Districts did not obtain building permits from SED for the artificial-Turf fields, or for the construction of the natural-grass fields." 

It is time for accountability.  It is time for the board to admit its culpabilty and remove the fill.  It is time for those three board members who oversaw this fiasco to go, along with the business manager.  We would expect no less of children caught red handed, but then again children don't have the same vested interests to protect.  And please, let's not hear "the lawyers made me do it".

We heard back in November that the district was pursuing legal action against the dumpers.  We were told again this was the case a subsequent board meetings.  The DEC annouced plans to pursue the dumpers (which we believe should include all the board members, the former superintendent and the current business manager.)  At the last BOE meeting in June, we were told that the district's landscaper was responsible for the contaminated top soil.   Still we have not received our FOIL made last December asking for an accounting of all the work done on all the fields in this fiasco.  What carters dumped the fill, who built  the decorative and dangerous wall (twice), who built the fence, who dumped under the illegal artifial turf field, who topped the fields?  These questions are still unanswered, in violation of New Yorks State Freedom of information laws.  This accounting was promised to former school Board member Freit Feit at the "Town Meeting"  Eleven months later there is still no accounting and no one has been held accountable.  Valhalla continues to decieve at a higher standard.   

When the school district received a letter  from the Comptroller's department back in April, the district ran it up on their website with the following comments:

So now the story changes, now somehow the Board President knew all along that four years after the board created an illegal dump on school property, three years after they were told the dump was contaminated, two years after they put kids on what they believed was contaminated soil, a second set of tests would show that the contamination was no as bad as first tested.  Let's have cupcakes! 

The board of education and the business manager of the Valhalla School district think that they should not be accountable for the illegal fill for fields fiasco.

I quote from the Journal News 9/16/2005 article "I find it hard to think that we should be made accountable when we based our decisions on the recommendations of our legal counsel," McGuinn said" 

Really?  The illegal lease is dated April, 2003 the first payment was made on July 1, 2003 and they finally got that legal recommendation they were shopping for  on September 4, 2003.  So, I guess they had no legal basis for their action?  I guess they will accept responsibility?  Don't hold your breath. 

I find it hard to think of anything the board of education has ever been accountable for over the last six years:

• Fields contaminated with carcinogens
• A dismal ranking of #31 of #35 county high schools
• The budget padded by over $1.0 million
• The illegal fill for fields scam
• The illegal artificial turf lease
• The missing track, now for over five years
• The illegal $1 a year Easter Seals lease, costing tax payers $2.4 million 
• Using an emergency telephone system to notify only parents of a budget vote
• The lie about Easter Seals spending 1/2 million dollars in capital improvements at the Columbus Avenue School
• The follow up lie about Easter Seals spending 1/4 millions in capital improvements at the Columbus Avenue School
• The children's vote program promising children playgrounds at taxpayer expense in return for bringing their yes voting parents to the polls.
• The lies about soda vending contracts covering the cost of the illegal turf lease
• The lies about why board meetings could not be televised, finally we can see these meetings on TV.  We are still waiting for a definitive schedule and wonder why the Saturday noon to Sunday noon time slot is still dark.  This 12 hour weekend viewing would be the most likely watched and yet Valhalla choses not to show any meeting.  Then at noon on Sunday Westlake's broadcast begins.
• Now, the lawyers made them do it.  When the illegal fill and turf deals began to unravel Valhalla went legal opinion shopping and finally got an opinion form a bond counsel based in San Francisco.  It took so long to get that opinion that the artificial turf field was installed in November, 2002,  the lease was dated April, 2003, the first payment was made in July 2003 and the legal opinion came in September 2003. 

Being a board member is not about getting your child the lead in the play, getting your child onto the team or using district facilities for your personal benefit.  Believe it or not, you sit opposite the  interests of the teachers union in matters of business and fiscal responsibility.  The teachers union actually understands who they represent, you don't.  You are not travel agents booking charter bus excursions to Bear Mountain or flights to the Grand Canyon.  You are not politicians handing out favors, part time jobs and stipends under the table.  You are not property managers leasing buildings for $1 a year.  You are not philanthropists subsidizing Easter Seals at the expense of the children of Valhalla.  You are not managers of a landfill or brokers of a pyramid scheme.  There was no Due Diligence, you were duped by someone with so few credentials that no respectable private business would have let her in the door and many school districts turned her away. You abdicated your authority and failed to perform your duties as trustees.  Your defense now makes these lawyers part of a criminal conspiracy, especially given their opinion was sought to justify what you had already done.

You are guardians of the public trust, representatives of the entire community, and not just the parents.  "The Lawyers made me do it", won't do this time.  The sideshow is ending and those in charge will be held accountable.  Finally, the parents of the children in the school ranked #31 will demand it.   

It is time all the board members to stop engaging in illegal and unethical activities and to stop covering up those activities when they are apparent.  These are not all in the past.  Just this year it was uncovered that an employee was being paid as an outside vendor to cheat the NYS pension system and at least one full time employee is being paid for a second full time job on the school's payroll.  Instead of reporting these crimes as required by law and by their oath of office, the board sought to cover-up.   It is time for the business manager who had a hand in all of it, who padded the contingency budget by over $1.0 million and over saw this fiscal and ethical nighmare to be fired.

Congratulations to the parents who are starting to stand up, asking questions and demand the education that we have all overpaid for.   The board should be ashamed of themselves as they continue to focus on their private agendas.