The Council of Greenburgh Civic Associations (CGCA) seeks to provide information and to advance the common interests of member civic groups in important Town affairs. In 2004, CGCA Treasurer Mary Tobias reported receiving dues from the following civic groups:

Forty-one civic groups became dues-paying members of the CGCA during the year 2004, an all-time high. To date, twenty-five groups have paid dues for the year 2005. There is $1,540.39 in the treasury.

The meeting was held at the Theodore D. Young Community Center. Chair Madelon O’Shea and Vice Chair Cleo Oliver co-chaired the meeting. CGCA representatives voted unanimously to approve the minutes of the meeting held on December 14, 2004.

CGCA representatives extended "Happy Birthday" greetings to Town Attorney Tim Lewis and welcomed Nancy King and Joe Sposato of the Granada Condominium III Association to their first CGCA meeting.

The annual election of CGCA officers will take place at the CGCA meeting on March 15, 2005. Volunteers are invited to run for the following positions: Chair, Vice Chair, Secretary and Treasurer. More than half of the groups paying dues to the CGCA in 2004 have already paid dues for the year 2005. The remaining groups were urged to send the yearly dues ($15.00) promptly to Mary Tobias, Treasurer, 1401 Old Country Road, Elmsford, 10523. The CGCA plans to update its address/phone/email list. Representatives were encouraged to contact Madelon O’Shea or Ella Preiser with any new information they wish to have included.

CGCA representatives welcomed Library Director Demita Gerber. Ms. Gerber said the Library Board is eager to provide information and respond to questions about the proposed expansion/renovation of the Library. She noted the Library Board plans to schedule a number of meetings at the Library. Elinore Gordon mentioned that residents in her community never received notice of the November 23, 2004 meeting at the Library. Ms. Gerber indicated the Library Board was aware of the mail delivery problem. She commented that future meetings would be well advertised and any mailings would be sent first class mail. In addition, the Library Board is interested in attending community meetings or coffees to discuss the Library’s proposed plans. Ms. Gerber distributed her business card and encouraged civic leaders to contact her to arrange such a meeting. Danny Gold said he advised Supervisor Paul Feiner that the East Irvington Civic Association would schedule a meeting after a date has been set for the referendum.

Madelon O’Shea expressed concern that Mr. Feiner is continuing to schedule meetings to discuss the Library project without seeking input about the dates from other Town Board members or the Library Board. She noted that he notified the Library Board after he scheduled meetings at the Greenville school in Edgemont (1/19/05) and at Tarryhill in Fairview (2/2/05). Both of these dates conflict with regularly scheduled Planning Board meetings. He also scheduled a community meeting on January 27, the night of a regular Library Board meeting, at the Virginia Road School. Out of courtesy, the Library Board rescheduled its meeting to January 25.

Mrs. O’Shea mentioned that it is her understanding that when meetings are held in a public school, public servants are prohibited by New York State Education law from advocating a particular position on a proposal – either pro or con. Nancy King commented that Mrs. O’Shea was correct. Ms. Gerber said the Library is chartered by the NYS Education Department and the Library Board’s goal is to provide information about the proposed expansion/renovation.

Mrs. O’Shea noted that one of the main goals of the CGCA is to provide information. She offered to include information about future Library Board informational meetings in CGCA mailings. It was noted that the CGCA sent out letters to more than 80 civic leaders and had a very good turnout for the special meeting between the CGCA and the Library Board on November 4, 2004.

Madelon O’Shea reported that the January 11, 2005 meeting regarding "sidewalks" was cancelled because of snow, and a rescheduled January 25 meeting has also been cancelled. Nick Balamaci from Old Edgemont is attempting to arrange another meeting date. Mrs. O’Shea noted that one year ago, at a Town Board meeting held in Edgemont, Supervisor Paul Feiner promised to address residents’ requests regarding sidewalks – creating new sidewalks and/or having the Town assume responsibility for shoveling snow from existing sidewalks. In an effort to understand the issues and help, the CGCA sent a letter to Mr. Feiner in February 2004 requesting information about the location and condition of existing sidewalks. To date, the CGCA has not received a response to its letter.

Robert Reninger reported that the School of Education and Psychology of Touro College has advertised it will offer Sunday and evening classes leading to a Master of Science degree at the Solomon Schechter School on West Hartsdale Avenue. Mr. Reninger noted that there are currently serious traffic problems on West Hartsdale Avenue on Sunday mornings because of the adjacent Shkodra Church. He inquired whether anybody knew if conditions were imposed limiting use of the building to a K-12 school during the site plan approval process. Michelle McNally said since the school plans to use the building for the same function – education – it is unlikely there would be any prohibitions.

Deborah Bloom asked if the Town Board had responded to the CGCA’s request to schedule all regular Town Board meetings at Town Hall. The CGCA received no response but it was noted that the Town Board meeting Supervisor Paul Feiner originally scheduled for January 26, 2005 in Edgemont will take place at Town Hall. Instead, Mr. Feiner has scheduled a "community meeting" in Edgemont for January 19, 2005 – the same night as a regular Planning Board meeting which included on its agenda a number of issues important to Edgemont residents.

Lorrin Brown mentioned that it is very difficult for the handicapped to attend "road show" meetings. CGCA representatives discussed the many problems with meetings, particularly outdoor meetings, away from Town Hall – temperature, humidity, rain, insects, inadequate parking and lighting, no Dial Democracy, etc. For a few years, local residents did attend these meetings. However, in recent years, unless there is a particular item of interest on the agenda, only the "regulars" attend. Cleo Oliver recalled that when Mr. Feiner was urging the purchase of 177 Hillside Avenue for a new Town Hall, he supported holding meetings at the building. CGCA representatives made it clear that they continue to encourage separate community outreach meetings but suggested that the Supervisor should avoid scheduling meetings that conflict with meetings of other major boards/committees.

Councilman Steve Bass told CGCA representatives that the resolution passed by the Town Board at the January 2004 reorganization meeting may have included language permitting the Supervisor to set the location of meetings at his discretion. Mr. Bass said he voted against the resolution because outdoor meetings were being scheduled. Michelle McNally expressed surprise that the Town Board would give the Supervisor such discretion. She said if such authority had been ceded, there was an easy way to resolve the issue – the board could pass a resolution amending its previous resolution. Ella Preiser agreed to obtain a copy of the resolution.

Ella Preiser reported that at the work session on January 11, 2005, DPW Commissioner Al Regula advised the Town Board that the Department of Environmental Conservation (DEC) has required an extensive analysis of the Town’s mulching operation site on Taxter Road. The DEC became involved in April 2004 after heavy rains eroded an improperly prepared road, resulting in a mudslide into the pond at the Taxter Road Nature Preserve and the pond on a homeowner’s property. The Town was notified it is storing too much mulch at the Taxter Road site and the DEC wants a profile of the soil. The DEC rejected a site investigation work plan prepared by the Town Engineer and has required that the Town obtain the services of a professional engineering firm. The study will cost about $70,000 and take three to four months to complete. Mr. Regula told Town Board members that the Town would cease composting at the site in the future but continue to use the property as a transfer site. Danny Gold told CGCA representatives that neighbors will be happy with a smaller operation since there are a lot of smells and noises associated with the present operation. CGCA representatives were reminded that there is free mulch available at Anthony F. Veteran Park.

Danny Gold expressed displeasure regarding the new sanitation schedule. He objected to the two and three-week intervals between pickups of paper and/or commingled material for recycling. Ella Preiser mentioned that at today’s (1/18/05) work session, Supervisor Paul Feiner suggested the civic associations had requested the schedule change. She said she made it clear that civic groups had only requested the restoration of twice-weekly garbage pickup during holiday weeks.

At the work session DPW Commissioner Al Regula noted many residents were upset with the new schedule. Mr. Feiner said residents would not recycle and wanted to immediately change the schedule. He asked about the cost of overtime to pick up recycling during holiday weeks. Mr. Regula replied it would cost approximately $150,000 for the year, but noted there were also operational problems involved that would be difficult to address, such as staffing and time to unload the trucks. Mr. Feiner said it makes no sense to hire three additional employees and reduce recycling services. He proposed not filling at least one of the three positions and using the funds to pay overtime. Councilman Steve Bass suggested that perhaps extra recycling pickups could be scheduled the week before or week after holidays. Other Town Board members noted any change is unpopular and recommended continuing with the present schedule through the Presidents’ Day holiday in February and then assessing results.

Mr. Gold asked how the villages were handling recycling. Mr. Bass told CGCA representatives that no comparison could be made since the villages have a much smaller operation. Cleo Oliver asked if the Town had hired the three workers included in the budget for the new route. At today’s work session, Mr. Regula said he was in the process of hiring at least two workers to supplement the two routes that have been operating with only one worker on the back of the trucks. Ms. Oliver noted that three workers are leaving and will need to be replaced. Elinore Gordon suggested the Town should have done a better job of notifying residents about the radical schedule changes. She noted the schedule arrived in the mail during the holidays and included only one line, highlighted in yellow, about the changes.

Town Attorney Tim Lewis pointed out this issue highlights how difficult it is to make changes and foresee all permutations. He noted sanitation workers came to a Town Board meeting and a work session and pointed out that the Town has grown, no additional workers have been added for years and the staff was overworked. Ms. Oliver noted that Mr. Regula has requested additional staffing in past years, but Mr. Feiner never included the requests in the budgets. Mr. Lewis said the five-member Town Board makes decisions and suggested it was unfair to single out Mr. Feiner for the blame. It was noted this issue came to light when Mr. Feiner invited the sanitation workers to come to a Town Board meeting and voice their complaints regarding work conditions. Robert Bernstein pointed out that Mr. Feiner proposed the budget and the other board members had only limited time to deal with a very thick document. The focus of discussion at the budget hearings was whether to hire three or five additional workers – not the schedule for pickups. Mr. Feiner wanted no additional workers hired and the board compromised and approved hiring three. Mr. Bernstein stated that he attended budget hearings and the public was never shown the proposed schedule changes or given the opportunity to discuss whether they favored a reduction in recycling pickups. He said the problem is fixable and noted the cost for overtime is negligible inasmuch as the Town received a windfall of more than a million extra dollars in mortgage tax revenues.

Ella Preiser reported that at last week’s Town Board work session (1/11/05), residents of The Colony and their attorney braved the accumulating snow and waited one hour to speak with the Town Board about unresolved issues regarding the expansion of the Westchester Square Shopping Mall to include a Trader Joe’s store. Planning Commissioner Mark Stellato attended the meeting but the Building Inspector and his deputy had left for the day. Mrs. Preiser said that today’s (1/18/05) work session was attended by Mr. Stellato, the Building Inspector, Deputy Building Inspector, a representative from Yonker’s Contracting, the electrical engineer for the Trader Joe’s project and an electrical inspector used by the Town.

The residents of The Colony did not attend today’s meeting. Madeline Saporito told CGCA representatives that the residents of The Colony were not informed of the meeting, although she just learned tonight that the meeting was scheduled last Friday. Town Attorney Tim Lewis said he thought it was more productive to hold separate meetings so the Town Board understood the respective position of each side. He said another meeting has been scheduled for 3:30 p.m. on February 1 and both sides are invited to attend.

Ms. Saporito said Hampshire Management appears to be getting away with things and it is not fair to residents of The Colony. One issue involves noise from the cooling systems on Trader Joe’s roof. The representative from Yonker’s Contracting said Trader Joe’s is willing to change the system if residents of The Colony will sign papers guaranteeing no further noise complaints. Residents of The Colony want assurances that noise levels will be reduced to the ambient reading of 42 decibels as they were promised on September 21, 2004. Ms. Saporito said another issue involves the electrical transformer erected near the property line that makes noise. The Building Inspector has said the transformer is not a structure and not subject to Town regulation. A fourteen-foot high structure has been erected around the transformer to buffer noise. Residents find the structure ugly. Mr. Lewis said Hampshire Management is willing to remove the structure, which represented a capital outlay, but are concerned the residents will complain about more noise. Ms. Saporito said the two other issues of concern to The Colony residents include the shopping center’s failure to replace landscaping and failure to place chains in the approved location to prevent trucks from entering the rear of the stores during overnight hours.

Robert Reninger mentioned concern about what appears to be a dangerous trend that could have Town-wide significance. He noted Councilwoman Timmy Weinberg said at today’s work session that the Town Board could interpret the Zoning Ordinance regarding what is a "structure." Councilman Steve Bass told CGCA representatives that if the Town Board still is unclear about what the Zoning Ordinance means at the February 1 meeting, the board can request the ZBA to interpret the ordinance.

Alice Moroney provided an update on the proposed plans to erect an ultraviolet disinfection facility to treat water from the Catskill and Delaware water systems. It appears when Westchester County built the jail, water was diverted onto the New York City watershed property on the Mount Pleasant side of Grasslands Road. Wetlands will need to be moved closer to Grasslands Road. Fewer trees will need to be removed on the Greenburgh side of Grasslands Road than was previously reported in CGCA minutes. Ms. Moroney noted the Knollwood Manor Civic Association is still seeking an easement across the aqueduct to build a sewer line that would connect homes on Taylor Road to the sewer main at the Executive Park.

On a number of occasions CGCA representative have expressed concerns about safety and questioned whether the entrance door to Town Hall is accessible to the disabled. Entering or leaving the Town Hall building after hours can be problematic. Once the doors have been locked at 5 p.m. on weekdays, there is no bell or buzzer that those wishing to enter the building can use. Even Town Board members have found themselves locked out from evening meetings. Those wishing to leave the building must push buttons before it is possible to open the doors to exit. Ella Preiser told CGCA representatives that at the work session on January 11, 2005, DPW Commissioner Al Regula stated that workers were "trying to do things under a tight budget" when relocating Town Hall to 177 Hillside Avenue. He indicated the front door to Town Hall "can be made more ADA compliant." Mr. Regula plans to present a proposal to correct the problems during the capital budget process.

Robert Bernstein provided an update on the lawsuit he filed against the Town regarding the costs of acquiring, operating and maintaining three parks – Harts Brook, Glenville Woods and Taxter Ridge. He noted that in December the appellate division issued a ruling that taxpayers in unincorporated Greenburgh do, in fact, have standing to challenge the actions of the Town Supervisor. The court reinstated Mr. Bernstein’s lawsuit against the Town in which he argued that relevant New York State Town law requires that the costs for the parkland must be imposed on all taxpayers, including those in the six incorporated Villages of Greenburgh. The Town has taxed only property owners in unincorporated Greenburgh for these parks, even though the parks are open to Village residents as well as all New York State residents. The Town argued in court that a special law enacted in 1982, following the acquisition of what is now Anthony F. Veteran Park, exempts the Town from complying with the New York State Town law that Mr. Bernstein cites.

Mr. Bernstein told CGCA representatives that Supervisor Feiner does not accept the appellate court’s decision that the relevant law mandates that taxes for the parks "be imposed upon all the taxpayers of a town." [The court italicized the word "all" in its decision.] Instead, Mr. Feiner wrote a letter urging the mayors of the six villages to join the Town’s lawsuit and advising them that the Town Attorney would work with them in defending "our" position. Mr. Bernstein said he has filed papers asking the lower court to decide the issue quickly, before March 31, so tax bills will be correct. He noted the Town responded to his filing, again arguing that the 1982 law exempts the town from complying with the state law, but using ellipses, and thereby eliminating that portion of the 1982 law which states the law applies only when such parks are restricted to use by unincorporated Greenburgh residents.

Danny Gold stated that he did not understand Mr. Bernstein’s position. Mr. Gold noted the Village of Irvington used Village money and outside funding to purchase two parks – Scenic Hudson Park and Westwood – which are open to everyone. Mr. Bernstein explained that Village law and Town law are not the same. The Villages have the prerogative to use Village funds and accept outside funds to acquire parkland, which is then open to all. The Town does not have that prerogative. Greenburgh must comply with Town law – just as all town taxpayers have to pay for the Town Hall, all taxpayers of the town must pay for parkland.

Mr. Gold commented that the law may state that way but he is concerned about the result – Edgemont is studying becoming a village and now the Village of Hastings-on-Hudson is investigating withdrawing from Greenburgh. Mr. Bernstein said that he understood the Villages are upset. He indicated it is unfair to have to pay for something when there has been no input. And he noted it was unfair that the Villages weren’t advised of his lawsuit. He said this matter started when he raised questions about the proposed purchase of Taxter Ridge and received no answers or unsatisfactory answers. He said he repeatedly warned Town Board members and even invited two Town Board members to his home to discuss possible ways to avoid a lawsuit.

Town Attorney Tim Lewis said the litigation was very divisive. He said he hopes something good will come out of it, but right now it is very negative, expensive and divisive. Michelle McNally noted that Mr. Bernstein had little choice and filed the lawsuit as a last resort. It was noted that the Villages are upset with the Town over the Town Board’s decision that the Villages must pay taxes for the negligence lawsuit settlement. Ella Preiser mentioned that there are a host of issues regarding "who pays" that must be addressed in the future – including whether the Villages should benefit twice from the mortgage tax revenues and whether fines collected in the Hartsdale Parking District should be used to subsidize the Villages instead of subsidizing parking district improvements. The Town Board recently approved a 30% increase in parking district rates. Mr. Bernstein said he understood an opinion was issued that the money from the fines could have been applied to the parking district improvements.

A discussion again took place about the depth to which behavior has sunk at Town Board meetings. Nancy King said as a "new comer" to Town Board meetings, she was appalled at the deportment of the general public at the meeting on January 12, 2005. Ella Preiser commented that Ms. King left the meeting early and did not observe supporters of Mr. Feiner heckling residents. When Councilman Steve Bass asked one of Mr. Feiner’s heckling supporters at the meeting to lower her voice so he could hear a speaker, the woman replied using foul language (the "f…" word). This same woman later spit in the face of Robert Bernstein. Mrs. Preiser said Supervisor Feiner must accept the blame for this type of behavior at meetings. Francis Sheehan noted Mr. Feiner sets the agenda and then violates his own agenda, suggesting a lack of meeting management skills. Bill Greenawalt commented Mr. Feiner and his supporters are often rude at meetings. Mr. Greenawalt acknowledged some members of the public are also rude but said it is not surprising when people are provoked over long periods of time by the contradictions between Mr. Feiner’s self-proclaimed "openness" and his behavior. Lorrin Brown also noted Mr. Feiner’s inconsistent way of treating speakers – responding to some but failing to provide even simple answers to the questions of others. MaryJane Shimsky commented that the "spectacle of what is a Greenburgh Town Board meeting" indicates a breakdown in trust.

Nancy King commented that she understood the issues and did not find the Supervisor or the Town Board "perfect – far from it" but it seemed that every issue that was brought up at the CGCA meeting tonight resulted in a "they can do no right" ending. Town Attorney Tim Lewis noted that it was discouraging to come to a meeting where there was such "anti-Paul" sentiment. He said even it was deserved, it takes away from furthering community objectives and is not where the focus should be.

Cleo Oliver explained that the CGCA is an umbrella group and we all come with different issues. She said all should have a right to express themselves whether or not others want to hear it. Deborah Bloom commented that a lot of what was being said was in response to years of Supervisor Feiner being personal with people who disagree with him, regardless of how respectful the individual has been. MaryJane Shimsky said it is important to have an honest exchange of ideas. She noted when people are not listened to or are paid lip service, they can get awfully angry and a change of heart or a change of personnel is needed.

Bill Greenawalt said good things have resulted from the present administration. A good Town Hall was acquired. As Chair of the Westchester County Parks Board, Mr. Greenawalt said he is pleased that Taxter Ridge was purchased with state and county cooperation and he is not upset about the cost. He noted in the past he has supported the administration but finds it increasingly difficult to do so because of the rude way the public is treated and the lack of foresight and planning. He noted Mr. Feiner fails to do legal research and puts himself above the law.

Lorrin Brown said Mr. Feiner does do good things – for example, holding a debate for teenagers on the issue of Indian Point. However, he noted while the debate was good, the cable access television coverage of it was terrible. Ella Preiser agreed that on the public access cable issue, the Town Board relinquished its authority and allowed Mr. Feiner to have total control with disastrous results.

Michelle McNally noted that Mr. Feiner comes up with ideas and doesn’t discuss them with anyone. Instead he issues email after email and press release after press release. While Mr. Feiner’s enthusiasm is to be admired, he doesn’t work effectively running the town or being a team player.

Francis Sheehan commented that Mr. Feiner publicly espouses "open government" – he releases a home phone number and tells people to call him anytime. Mr. Feiner also states he wants to hold meetings in the community to get input and has even offered to come to people’s home. Mr. Sheehan noted that it is therefore frustrating to ask for basic information and have Mr. Feiner ignore the request.

"Operation Support Our Troops" Seeks Donations. Madelon O’Shea reported that the Edgemont/Scarsdale chapter of Operation Support Our Troops is currently collecting cards and candy for a Valentine’s Day mailing to members of the armed forces. Anybody interested in this mailing or future mailings should contact Susan Cioffi at 723-8599. Checks to cover postage may be sent to: Operation Support Our Troops, #524, 648 Central Park Avenue, Scarsdale, NY 10583.

Town Board Grants Central Avenue Shopping Center Amended Site Plan Approval. Following the public hearing on January 12, 2005, the Town Board granted amended site plan approval to the Greenville Shopping Center to reconfigure the shape of the freestanding building occupied by Mavis Tire. The square footage of the building would remain unchanged, but the shape of the building will be altered to create office space for use by Fidelity Investments.

Meetings Scheduled re Proposed Gelsprain Subdivision. Eve Weinstein, President of The Sprain Road Association, sent word inviting CGCA representatives to two meetings regarding the Gelsprain application – a Toll Brothers proposal to subdivide a 40-acre site off of Ardsley Road to construct 25 single-family homes. The first meeting will take place tomorrow (1/19/05) at the United Methodist Church in Ardsley at 7:30 p.m. The second meeting will be held on February 2, 2005, when the Greenburgh Planning Board has scheduled a public hearing on the DEIS for the proposed subdivision.

Golf Club Again Seeks Variance for Protective Net. Deborah Bloom reported that the Scarsdale Golf Club plans once again to seek a variance to install a net to protect against errant golf balls. She noted the proposed net would be about six stories high and is somewhat lower than the 81-foot high net proposed in 2000. Ms. Bloom said that residents are concerned that the installation of the net would lower the property values of East Hartsdale Avenue units facing the golf course. To date, the application has not been placed on the ZBA agenda.

Legislation Prohibiting "Flag" Lots Still Not Ready. Ella Preiser reported that Madelon O’Shea, Michelle McNally, and she will be meeting with representatives of the Town Attorney’s office this Friday (1/20/05) to discuss further revisions to the proposed legislation to prohibit future flag lots. In January 2004, the CGCA and ECC asked both the Planning Board and the Town Board to revisit the existing regulations. The Planning Board unanimously recommended prohibiting future flag lots.

Town Board Approves Developers’ Request to Amend the Zoning Ordinance. After the public hearing on January 12, 2005, the Town Board voted to amend the Zoning Ordinance to eliminate the 75-acre requirement in the Office Building (OB) zoning district for buildings that extend over public roads. Eastview Holdings requested the amendment because it seeks to subdivide the Landmark at Eastview property and would only have 65 acres on the proposed lot containing the "spine" building. The 75-acre requirement was added to the Ordinance in the 1960s when Union Carbide sought permission to construct a building that connected its buildings on both sides of Old Saw Mill River Road.

Housing Authority to Rent Old Town Hall. At its meeting on January 12, 2005, the Town Board voted to lease a small part of the space at the old Town Hall building to the Greenburgh Housing Authority (GHA) while the GHA’s office space is being renovated. The GHA will pay $1,200 a month rent and provide its own maintenance staff.

Planning Board Vacancy to be Filled. At today’s (1/18/05) work session, the Town Board interviewed Delores Scott Brathwaite, an attorney who resides in the Orchard Hill area, regarding the vacancy on the Planning Board created by Jim Hubert’s resignation following his election as Town Justice. Ms. Brathwaite agreed to accept the position and will be formally appointed at the Town Board meeting on January 26, 2005.

Grasslands Road, Mount Pleasant Site Raises Questions. CGCA representatives discussed the activity – moving around of dirt – occurring on the property on Grasslands Road in Mount Pleasant, opposite the entrance to Westchester Community College. Alice Moroney reported that the owners have a permit to sell topsoil, but there are no building plans on file in Mount Pleasant regarding the property. Nancy King said it was her understanding that future plans include the construction of eighteen luxury houses.