COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting - October 17, 2000
The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. The following civic groups have paid dues for the year 2000:
Ardsley Estates Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Downing Hill Civic Association
East Hartsdale Avenue Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Edgemont Civic Association
Edgemont Community Council, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Hillcrest Park - Ardsley Civic Association
Hillside Wyndover Civic Association
Juniper Hill Civic Association
Knollwood Manor Civic Association
Knollwood Neighborhood Association
Longview Civic Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Civic Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Poets Corner Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Civic Association
Stone Oaks Condominium
The Colony at Hartsdale
The Cotswold Association, Inc.
Washington Avenue Civic Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
* also paid 2001 dues
CGCA membership stands at thirty-five civic groups -- an all time high. There is $859.24 in the treasury.
Minutes of the September 19, 2000 were read and approved for circulation.
LWV - CANDIDATES DEBATE
Many CCGA members were surprised to learn that the League of Women Voters was holding debates for candidates at Greenburgh Town Hall this evening. Although the debates were scheduled in July, there was little advanced publicity. Greenburgh officials gave no notice. A brief article announcing the debates appeared in the Journal News on Sunday. The debates were poorly attended by the public, and several major party candidates did not participate.
CABLE TELEVISION
Chairman Danny Gold announced that he has arranged to tape a new CGCA cable TV segment this Thursday, interviewing Stephen Belasco, Chairman of the Zoning Board of Appeals. This week's taping will be the first CGCA program taped this year.
CGCA members noted that some programs taped at the new Greenburgh cable TV studio on East Hartsdale Avenue have audio problems with a humming sound in the background. Recently taped programs at the studio also have deep shadows on the wall behind the hosts/guests, indicating insufficient studio space depth and backlighting. CGCA members noted that the Town still has not installed a sign identifying the storefront as a cable studio.
CAMPAIGN FINANCE REFORM
Mary Tobias, the CGCA representative to the Greenburgh Campaign Finance Commission, reported that the GCFC cable TV subcommittee met on October 6 in the law library at Town Hall. The subcommittee's recommendations include the creation of an independent, not-for-profit Cable Access TV Board to oversee and manage cable TV in Greenburgh, funded by 50% of the Town's cable franchise fees phased in over four years. All candidates running for political office in Greenburgh would be provided an equal and fair baseline amount of cable TV studio and airtime. Candidates who voluntarily agree to local campaign finance reform initiatives would be given substantially more cable TV airtime on weekends.
To oversee the creation of a truly independent Greenburgh Cable Access TV Board (similar in power and structure to the Larchmont/Mamaroneck cable board), the subcommittee recommends the creation of an interim five-member, multi-partisan commission, appointed by the Town Board. The local LWV and the party chair of each of the four political parties receiving the highest number of votes in Greenburgh during the last gubernatorial election would recommend two candidates to the Town Board. The Town Board would then appoint one of the two candidates nominated by each group to the commission. The commission would have the responsibilities of creating bylaws and rules of procedure, obtaining not-for-profit status and determining the composition of the proposed independent Cable Access TV Board. The interim commission would cease to exist once the Cable Access TV Board was established.
When all subcommittees have finished their work, the GCFC will convene another meeting to finalize its recommendations. The GCFC is scheduled to present its recommendations to the Town Board and public at the December 13 Town Board meeting.
Ms. Tobias also reported on a Westchester County League of Women Voters meeting on campaign finance reform that she attended on September 28. At the meeting, Harriet Leib, Vice President of the County LWV and Co-chair of the Greenburgh Campaign Finance Commission, reported on the progress of the GCFC. She stressed that before the LWV agreed to participate in Greenburgh, they made clear to
Supervisor Feiner that it was important for the commission to be independent. Ms. Lieb acknowledged with thanks the input from CGCA members. Anne Nelson, the county LWV person who convened the GCFC, stated that the LWV had "learned a lot in Greenburgh, in case we go some place else."
CGCA members noted that cable TV appears to be a "hot" issue in many communities. (Copies were distributed of an October 10 article in the Journal News regarding White Plains cable TV.) Incumbent politicians recognize the value of cable TV. CGCA members agreed that cable TV should play a role in any campaign finance reform initiatives in Greenburgh.
PROPOSED GOLF COURSE AND 50
HOMES
UNIFICATION CHURCH PROPERTY - TAXTER ROAD
Danny Gold reported that a developer is in contract to buy 250 acres along Taxter Road for $3 0 million. The developer wants to build an 18-hole golf course and 50 single-family homes on the site. Membership in the golf club would be $300,000 with annual dues of $15,000. The 50 homes would sell in the $1 to $1.5 million price range. East Irvington area residents are not opposed to a golf course, providing no PGA-sponsored events would be scheduled at the site. The residents do have concerns that instead of seeing the rolling hills of a golf course from Taxter Road they would be looking at a row of houses.
At the October 10 Town Board work session, Supervisor Feiner announced that he wanted the entire property acquired for open space. Councilwoman Timmy Weinberg suggested that the applicant should build two golf courses and dedicate one of the golf courses to the Town. Mr. Feiner is enthusiastic about this suggestion.
CGCA members questioned whether the proposal for two golf courses would be in conflict with the Conservation District overlay on this property. They also expressed concerns that development is being considered on this property without a Comprehensive Plan in place. It was suggested that deed restrictions be considered, limiting future use of the property to passive recreation.
TOWN PROPOSING ATTENDANCE REQUIREMENTS FOR BOARD/COMMITTEE MEMBERS
At today's Town Board work session, Supervisor Feiner announced that he had requested the legal department to draft a resolution establishing minimum attendance requirements for members of the town's various boards and committees. Any board/committee member who missed three consecutive meetings or 70% of the meetings would be removed. Councilwoman Timmy Weinberg recommended that a process was needed and suggested that chairpersons be required to submit quarterly reports certifying attendance. Community members reminded the Town Board members that a public hearing is required by law before members of certain boards can be removed.
CGCA members noted that there have been significant attendance problems in recent years on both the Planning Board and Zoning Board, resulting in cancellation of meetings due to lack of a quorum. CGCA members would welcome a local law establishing attendance requirements, provided the law was carefully written, applied to regularly scheduled meetings and included exemptions for illness or other legitimate reasons. It was noted that members of boards and committees are unpaid volunteers, selected and appointed by the Town Board.
WATER FILTRATION PLANT
The agenda for today's Town Board work session included a presentation by members of the New York City Department of Environmental Protection about the proposed Catskill/Delaware water filtration plant. The wastewater treatment plant would be located in Greenburgh. Although Alice Moroney is an official representative regarding this project and has attended all meetings, no one from the Town staff bothered to tell her that the issue was scheduled for the work session. Mrs. Moroney learned that this issue was scheduled for the work session last night from a community member who regularly monitors work session agenda. Mrs. Moroney took today off from work to attend the work session to ascertain whether any changes were proposed.
It was obvious from the questions raised at the work session that Town Board members knew little about the proposed filtration plant or the dual-track filtration avoidance process. A draft preliminary design and draft EIS must be submitted by December 29, 2000. The US Environmental Protection Agency will decide by December 31 whether the DEIS must be made public and planning for filtration must proceed. The chief question raised by Supervisor Feiner concerned whether New York City would be willing to give Greenburgh additional money to buy parkland in exchange for town approvals. The DEP representatives were not in a position to respond to this question.
Mrs. Moroney noted that in the latest plans the filtration plant has been moved toward the northwest corner of the property, away from the jail and nearer the bus garage. This is better for nearby Greenburgh residents. The design of the buildings has changed from a campus-like setting to a more industrial appearance. Mrs. Moroney has requested that noise studies be conducted for the wastewater treatment plant. She also expressed concern about the proposed huge, uncovered storm-water detention pond due to the West Nile Virus threat and the emergency access road that would be used during construction. If the decision is made to build this plant, construction is slated to begin in 2007. If a Route 9A bypass road were not in place at that time, the enormous earth-moving equipment needed for construction of the plant would be required to use local roads.
EAST HARTSDALE AVENUE
Variance Application Withdrawn. To the relief of East Hartsdale Avenue residents, at its September 28 meeting, the Zoning Board granted Scarsdale Golf Club's request to withdraw the application for a variance to install a 70-foot high fence.
Storefront Leased. A lease has been signed for the former "Shoe Lab" storefront. The new tenant will open a flower shop.
Repairs/Code Enforcement Needed. There has been a hole in the roadbed in front of the liquor store for almost a year and a half. This hole should be repaired. Leaves are beginning to fall. The sidewalk and the street should be regularly swept.
Suggested Special Zoning. At the September 27 Town Board meeting, a member of the CGCA raised the issue of creating a special zoning district for the downtown "village" of Hartsdale. This change in zoning originally had been recommended by the Hartsdale Steering Committee. The Planning Board voted to recommend this change in July 1999. CGCA members discussed the issue at both the August 15 and September 19 CGCA meetings. Supervisor Feiner stated that he would refer the suggestion to the Planning Department.
Children's Artwork in Vacant Store Windows. Numerous East Hartsdale Avenue residents have e-mailed Stephanie Bellino, who represents some landlords in the "village," with concerns about Supervisor Feiner's announcement asking landlords of vacant stores to let the town place children's artwork in the store windows. Some residents have confused this proposal with the Halloween window painting. Some residents feel it would add to the lack of a cohesive setting in the village. Other residents note there has been no implementation of the streetscape study previously received.
ANTENNA REVIEW BOARD
In May, the ARB agreed to regularly scheduled meetings on the first Tuesday of each month (because of the holiday, the second Tuesday in July). These dates were recorded on the Town Clerk's calendar. When ARB members Mary Tobias and Francis Sheehan went to Town Hall on July 11 and August 1, they learned that the meetings were cancelled by the Chairperson. They also received notice of a last minute change for a 2nd meeting in July to a date that they were unable to attend. The Chairperson told ARB members that she would be on vacation in August yet another meeting was scheduled for 10 a.m. on a Monday in mid-August. Ms. Tobias and Mr. Sheehan had planned their vacations in August and were unable to attend. Input from all five ARB members is not sought to determine mutually convenient times prior to scheduling meetings. Instead, the Chairperson calls only two members before scheduling a meeting date. This practice has been ongoing.
Compounding the scheduling problems is a breakdown in communications. There is a question whether minutes are taken of the meetings of this official board since copies of minutes are not available, even to ARB members. In addition, Ms. Tobias and Mr. Sheehan have not been sent copies of recent ARB correspondence even though ARB members are noted on the "cc" list.
Ms. Tobias and Mr. Sheehan also did not receive notice that the ARB chairperson was scheduled to meet with the Town Board at a work session on October 10 regarding an application from Metricom. They learned about this meeting in advance by monitoring Town Board work session agenda and both attended. Metricom is a company seeking a franchise agreement to install "shoebox" antennas on light poles, creating a wireless network that could be used with laptops and other portable types of computers. Apparently the ARB Chairperson asked the Police Chief to weigh in on this application. At the October 10 work session, the ARB Chairperson noted that the Police Chief had written to the Town Board recommending against this application since a motorist might use a laptop to obtain stock quotes or write reports while driving, thereby endangering other motorists or pedestrians. It is unclear if Metricom was informed of Chief Kapica's August 17 letter when the ARB met with Metricom on August 21. Copies of this memo were not available in the Town; even the Town Attorney had to ask for a copy. Mr. Sheehan called the Police Chief to obtain a copy of the memo.
Some of the newer representatives to CGCA meetings asked questions about what the ARB does. This led to the discussion of another issue - whether ARB meetings should be televised. As reported in the May 9, 2000 CGCA minutes, the ARB announced it would be televising its meetings in response to Supervisor Feiner's request for the ARB to find better ways of informing the public of what it does. On June 6, the ARB meeting was televised live, but without sound. The Supervisor does not want ARB meetings shown on cable TV. No other ARB meeting has been televised. This summer the ARB Chairperson asked Danny Gold to mail to all CGCA members copies of correspondence between the ARB and Mr. Feiner about televising ARB meetings. The ARB Chairperson also presented copies of this correspondence to members of the Greenburgh Campaign Finance Commission and gave an impassioned speech about the way the Town Board was controlling access to cable TV. There has been no follow through on televising ARB meetings.
Supervisor Feiner has written that he does not want ARB meetings televised because it will mean that cable TV will not be able to air many of the local programs that many residents would like to produce. CGCA members noted that many of the programs currently aired are years old and/or are produced by non-residents of the town. The "bulletin board" also rolls uninterrupted all day, all weekend and many evenings. The CGCA views the ARB as an important Board in Greenburgh and supports the televising of ARB meetings. CGCA members agreed to allow videotapes of ARB meetings to be aired in the CGCA Monday night timeslot.
Ms. Tobias asked for a meeting of the ARB to resolve these issues. A meeting has been scheduled for this Thursday, October 19. Mr. Sheehan did not receive notice of this meeting, but noted that a copy of the notice is on the bulletin board. He plans to videotape the meeting and all ARB meetings that are not videotaped by the Town. Ella Preiser agreed to attend the meeting as a representative from the CGCA.
Copies of recent correspondence between ARB members were distributed to CGCA members.
COUNTY PLEDGES MONEY FOR GLENVILLE WOODS ACQUISITION
At the October 11 meeting, Supervisor Feiner was questioned about an October 2 Journal News editorial commenting on Westchester County's pledge of $400,000 toward the purchase of Glenville Woods. The editorial noted that in accepting the pledge of money, Supervisor Feiner agreed to conditions that (1) more affordable housing would be built in Greenburgh and (2) the town would take over maintenance of all county roads within Greenburgh, with the exception of Ardsley Road. Mr. Feiner stated that he had not seen the editorial and had only agreed to a joint task force with the goal of creating more affordable housing. When questioned further about what it would cost to maintain the county roads, Commission of Public Works Al Regula stated that the town already maintains the roads under a contract with the County. The contract last year amounted to approximately $40,000. CGCA members noted that last year was a very mild winter. Questions were raised about the ultimate cost to Greenburgh taxpayers for maintaining the county roads in perpetuity. CGCA members support the acquisition of open space but want to know up front the real cost to taxpayers.
TOWN BOARD VIOLATES OPEN MEETINGS LAW
At last month's CGCA meeting, members questioned whether the Town Board has been discussing issues in executive session in violation of the state's "Open Meetings Law." The intent of the Open Meetings Law is an informed public. The law gives citizens the rights to attend meetings of governing boards to listen to the deliberations and decisions that go into the making of public policy. The law does identify eight subjects that may be discussed behind closed doors in executive session. However, all other subjects should be discussed in open sessions. On October 3, 2000, it appears that the Greenburgh Town Board clearly violated both the spirit and the letter of the Open Meetings Law.
The October 3, 2000 Town Board work session agenda listed a 2:30 p.m. "Executive Session - Legal." Members of the public were present at 2:30 p.m. but no meeting began until 3 p.m. The Town Board did not take the required vote in an open meeting stating they planned to go into Executive Session. Nor did they identify the subject matter to be discussed in the Executive Session. Members of the public were left to surmise that the subject matter was the acquisition of Glenville Woods based on those who were invited to attend this closed door session. Attendees included: Martin Ginsburg, owner of the Glenville Woods property; Bruce Lozito, Mr. Ginsburg's planner; John Feingold, a Town planner; Jan Ulman, Deputy Town Attorney; Gerry Byrne, Commissioner of Parks & Recreation; Jon Flores, President of the Glenville Community Association; and representatives from the Open Space Institute and The Trust for Public Land.
The Open Meetings Law does permit closed door discussions relating to "the proposed acquisition of real property..., but only when publicity would substantially affect the value thereof." The value of the proposed acquisition would not be affected by publicity. In fact, there have been several newspaper articles about the acquisition and its proposed price.
At the Planning Board work session the following day, members of the public learned that the following items were discussed during the previous day's closed door Town Board work session.
1. Where to locate a playground. The developer wishes to gain access to proposed homes through what is now dedicated parkland. The developer has offered to give an equal amount of land for parkland at another location on the site. Albany has enacted legislation that has been signed into law to permit the de-dedication of parkland and a land swap. The proposed land swap would create passive parkland. Commissioner Byrne does not wish to see the elimination of a neighborhood recreation facility (tot lot and basketball court).
2. The need for a 3-lot subdivision. The developer proposed a 2-lot subdivision - one lot for the homes he wishes to build and one lot for the open space he would sell to the Town. The Open Space Institute, which has pledged $833,000 toward the purchase price of the proposed park, must abide by the terms of its funding agency (the Wallace Fund). OSI is required to own a legally subdivided lot with road frontage equal in value to the money it is contributing. An 18-acre portion fronting on Old White Plains Road would satisfy this requirement if a 3-lot subdivision were granted.
3. The need for public access to the proposed remaining open space. OSI is reluctant to grant an access easement. There is a question whether the proposed center lot would be a legal subdivision since it would not front on a public road.
CGCA members have frequently questioned the extensive use of executive sessions by the Town Board. The Planning Board discussion about what took place at the Town Board Executive Session appears to confirm CGCA concerns that issues are being discussed in Executive Session in violation of the state's Open Meetings Law. The CGCA calls for "open government" in Greenburgh.
MISCELLANEOUS
Juniper Hill Civic Association Newsletter. Curt Constable, Chairman of the Juniper Hill CA, distributed copies of the first edition of the JHCA newsletter. The newsletter was prepared to provide information to neighborhood residents about the CA, various Town laws and other local concerns. CGCA members complimented Mr. Constable regarding the concept and format of the newsletter. Mr. Constable noted his 10-year old son had helped with the graphics and format.
Glusker Subdivision - High Street. On October 4, the Planning Board opened the public hearing on this proposal for a five-lot subdivision on the 5.3-acre parcel sold at auction by the state DOT as "excess" Sprain Brook Parkway land. Following the applicants' presentation and questions by Planning Board members, only one person from the community was able to speak due to time constraints. The public hearing was adjourned to the November 1st Planning Board meeting.
Local Law Enforcement Block Grant Money. Ella Preiser represented the CGCA at an October 11 meeting at Police Headquarters to discuss receipt of $14,088 in federal funds for the year 2001. The money will be used next year to pay overtime to police officers to address quality of life issues, such as enforcement of vehicle and traffic laws. It was noted that this amount is significantly less than the amount the Town has received annually during the past several years. The Town Board will schedule a public hearing in November to accept these federal funds.
Old Army Road Subdivision. Area residents continue to be concerned about the proposed three-lot subdivision at the corner of Old Army Road and Ardsley Road. A stop work order remains in effect preventing the demolition of the century-old stone water tower on the property. On behalf of the Edgemont Community Council, Madelon O'Shea has contacted representatives from Parks, Recreation and Preservation in Albany for guidance in possible ways to save not only the water tower but also two other properties on Old Army Road - a tenant farmhouse with slave quarters and an inn/meeting house.
Route 9A Bypass. In response to a question raised by Ella Preiser at the October 11 Town Board meeting, Greenburgh Town Councilman Les Adler has provided the following information regarding the status of the proposal to build a Route 9A bypass road. The proposal is currently in the Expanded Project Phase, the last step before the Pre-Design Phase. Under consideration are three options: (1) the widening of Route 9A, (2) a loop road -favored by Assemblyman Richard Brodsky, and (3) a separate bypass road. A task force meeting is being planned for November. A public hearing would take place during the Design Phase, which has been moved from the year 2004 to 2006. This date apparently could be moved back if public pressure is brought.
Solomon Schechter School. In July, the school's contractors removed trees within a 50-foot buffer along West Hartsdale Avenue, in violation of the conditions of approval in the SEQR Findings Statement. The Building Inspector issued a notice of violation and required the school to deposit $290,000 with the Town to correct the violation. The school deposited the money to have a stop work order lifted but has filed an application with the Zoning Board, appealing the Building Inspector's decision. The application has been tentatively scheduled for a public hearing at the November ZBA meeting.
Stickley Furniture Store - Rock Crushing Operation? Area residents continue to be concerned about what appears to be a separate rock crushing business at the site where the furniture store is being constructed on Route 119. Residents have followed trucks bringing in huge boulders. Some of the crushed rock is stockpiled on the site, but residents have also followed other trucks taking crushed rock from the site. Building Inspector John Lucido insists there is no illegal operation occurring on the site. A CGCA representative spoke with the construction boss on this job, Mr. Lucido's brother.
Westchester BMW Request for Variances. The Zoning Board held a hearing on September 27 on the auto dealer's request for variances to construct an addition to the front of the building and a parking structure in the rear of the property. CGCA members noted that this is one of the more attractive properties on this section of Route 119 and have some concerns about expanding the front of the building to within 20 feet of the property line. The hearing has been adjourned to the October 26, 2000 ZBA meeting.