Minutes of Meeting - October 17, 2006

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. CGCA Treasurer Mary Tobias has reported receiving dues for the year 2006 from the following civic groups:

Ardsley Estates Civic Association
Ardsley - Hillcrest Park Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Central Avenue Association
Donald Park Civic Association
Edgebrook Cooperative, Inc.
Fort Hill Association
Fulton Park Civic Association
Greenridge Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Juniper Hill Civic Association
Knollwood Manor Civic Association
Knollwood Neighborhood Civic Association
Longview Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Rex Ridge Apartment Corp.
Secor Homes Civic Association, Inc.
Stone Oaks Condominium
The Colony at Hartsdale
The Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Woodhill Civic Association

To date, thirty-four civic groups paid dues for the year 2006. There is $1,233.58 in the treasury.

CGCA Vice Chairperson Cleo Oliver chaired the meeting, which was held at the Theodore D. Young Community Center. Minutes from the September meeting and previous meetings were not available.

CGCA VOTES TO INVITE PB CHAIR TO NOVEMBER MEETING

CGCA representatives voted unanimously to invite Planning Board Chair Fran McLaughlin to address -he CGCA at its November 14, 2006 meeting about the need for a new, truly "Comprehensive" Plan.

STORM-RELATED POWER OUTAGES DISCUSSED

Elinore Gordon reported that she attended and spoke at the meeting with Con Edison representatives about last month's "Ernesto" storm-related lengthy power outages that many property owners endured. Ms. Gordon said that a number of people at the meeting complained that Con Edison did not provide timely or honest answers to questions about when power would be restored. CGCA representatives noted that it is not Con Edison's fault if a tree falls during a storm. Cleo Oliver told CGCA representatives that there are many trees and poles around Greenburgh that are leaning and it is just a matter of time before a storm takes them and adjacent wires down. Ms. Gordon said where her daughter lives in Virginia, the utility company annually trims/removes trees that are overhanging wires. Deborah Bloom noted the suggestion to place all utility wires underground would be very expensive. Ella Preiser said she had just returned from a trip to the Buffalo area where more than two feet of heavy snow in a early winter storm (10/13/06) had taken down trees, tree limbs and wires. She noted she arrived the evening of October 13, and the municipalities had done a wonderful job plowing the major roads, but many areas were without power and it was very dangerous driving through intersections in the total blackness. Mother Nature's "pruning" left hundreds of thousands of people without power for days.

DONALD PARK CONCERNED ABOUT OFFICE BUILDING SITE'S FUTURE USE

Joanne McAdoo and James Heffernan reported that Donald Park area residents continue to have concerns about the future of the property at the intersection of Route 9A and Jackson Avenue formerly owned and occupied by State Farm Insurance Company. Last year Sinatra Funeral Home purchased the property and inquired about rezoning the property to permit a mega funeral home at the site. There are no applications before the Town at this time. It was noted that a hearse has been observed a number of times parked in front of the office building. Occasionally the parking lot has been used to line up cars for a funeral procession. Residents are inquiring about the legality of this use.

Ms. McAdoo said that the current OB-1 (Office Building) zoning on the site would permit a four-story office building. It was noted there is a large amount of vacant office space in the immediate vicinity. The current zoning also permits single-family homes on 10,000 square foot lots. Donald Park area residents prefer limiting future development of the site to single-family homes because of the current heavy traffic congestion in the area.

ARDSLEY/ELMSFORD LIBRARY "DEAL" DISCUSSED

CGCA representatives discussed the recent approval granted by the Ardsley Board of Trustees to provide library services for $258,000 per year to the Village of Elmsford for four-plus years. Ardsley agreed to accept the $55.19 per resident fee that Elmsford had paid to the Greenburgh Library since 1999. Greenburgh had sought to increase the fee to $71.68 per resident, which is what Unincorporated Greenburgh property owners pay. Robert Reninger stated that Greenburgh's fee is very high in comparison to the fees of other municipalities. It was noted that Unincorporated Greenburgh taxpayers will be negatively impacted by this loss of more than $1 million in revenue, since once Elmsford Village residents obtain library cards from Ardsley, they would be able to continue using the Greenburgh Library. Lorrin Brown told CGCA representatives that he had spoken with Elmsford Village Trustee Ed Rush who told him the Greenburgh Library Board refused to meet with Elmsford officials and that Elmsford had already put together its budget and could not afford the increased fee.

Representatives of the New York State Library Association, the Westchester Library System (WLS), and other officials in the area have voiced concern about this Ardsley/Elmsford contract. The WLS, which links all libraries in Westchester and permits anyone with a library card to use all other Westchester library facilities, has a "code of service" that permits libraries to provide services to "contiguous" communities that do not have libraries or their own. Ardsley and Elmsford do not have a

contiguous border. The WLB has scheduled a public hearing for next Tuesday (10/24/06), to determine whether the WLS "code of service" has been violated.

TOWN TO ESTABLISH TEMPORARY LIBRARY SITES

Deborah Bloom noted that the Town Board had passed a resolution about the satellite libraries. She inquired about where they will be located and when the move would occur. It was noted that plans to construct an addition and renovate the Greenburgh Library are moving forward. Ella Preiser told CGCA representatives that at today's Town Board work session, A1 Regula stated the Town plans to move the library to temporary quarters during Thanksgiving week. Since "Plan A" to temporarily move the library to the Frank's site on Dobbs Ferry Road was not approved, "Plan B" will be implemented which involves a smaller library operation at other town-owned sites. In addition to adding more hours/stops to the Cybermobile schedule, satellite library locations would include the lunchroom and second floor training room (above the auditorium) at Town Hall and the glassed-in lounge room and a rear meeting room at the Multipurpose Center at Anthony F. Veteran Park. In addition, the auditorium at Town Hall and largest meeting room at the Multipurpose Center could be used for library programs when these rooms are not in use for other purposes. The trailer at the library, which currently serves as the Director's office, also would be moved to the Multipurpose Center.

Deborah Bloom mentioned that there were vacant storefronts on East Hartsdale Avenue that could be used as temporary library sites. Robert Reninger said there were vacant storefronts all over Greenburgh that could be used but the Town could not afford them. Mr. Reninger inquired whether the Town Board discussed geo-thermal wells at the library site at today's work session. The board did not.

MSG PULLS REQUEST FOR HELIPAD

Lorrin Brown told CGCA representatives that he spoke at the last Town Board meeting and questioned why North Elmsford had been excluded from Supervisor Paul Feiner's outreach regarding the Madison Square Garden (MSG) application to create a helicopter landing pad at its training facility. At the meeting, Mr. Feiner acknowledged that the trial helicopter flight (9/22/06) over the Carvel stand on Route 9A created noise and that he was rethinking his position on the application.

MSG's decision to withdraw the rezoning application was applauded by CGCA representatives. It was noted that several factors - the likelihood that the application would be denied by the Town Board, the recent plane crash into an apartment building in New York City, and the need for Cablevision (MSG's parent company) to negotiate a cable franchise agreement with Greenburgh - probably influenced the decision to withdraw the application. Ella Preiser said that Mr. Feiner immediately sent letters to Beaver Hill and Westchester Hills residents stating that their concerns regarding the proposed rezoning were heard and appreciated.

WESTHELP LEASE ARRANGEMENT DISBURSEMENTS DISCUSSED

CGCA representatives held a lengthy discussion regarding David McKay Wilson's articles appearing in The Journal News on Sunday, October 15, 2006, and today (10/17/06) regarding the WestHELP lease and Greenburgh's annual gift of $650,000 to the Valhalla School District. The articles pointed out the school district has used the money for programs for students, such as free SAT prep courses and trips to

CGCA representatives asked Councilman Steve Bass why he originally voted in 2004 for the agreement. Mr. Bass responded that he thought it was legal and fair to compensate the Valhalla School District, especially since the school claimed it never received anything for educating children from WestHELP during the original ten years of the lease. Mr. Bass said he wasn't aware at that time that the funds could be considered a "gift" and could violate state law. He said he finds it disgraceful to imply the Town would "reward" or "pay off' a neighborhood.

Councilman Francis Sheehan said he found many problems with the agreement. He noted there was no accountability and the school could not explain how the funds "enhanced" existing school programs. He mentioned that he was surprised to learn that the school had not spent $439,000 that it previously received, and noted the Town Comptroller had no clue that the school was holding unspent money. Mr. Sheehan said the resolution stated the agreement was the result of a public hearing but a review of the records indicates no public hearing had ever been scheduled/held. He said the more he looked into the agreement, the more questions he had. He noted that contrary to what Town Council members originally believed, the school does receive reimbursements for educating children from the WestHELP shelter. He said he was surprised to learn that programs were offered to adults, not just school children. Mr. Sheehan said he recently learned that students/adults had to put up a certain amount of money to participate in programs. He noted if he had known that fact earlier, he would have questioned whether persons living in WestHELP could afford to participate in the programs.

Lorrin Brown said he was surprised the Valhalla School District community members forced the Town Board to go into an executive session that lasted until 1:20 a.m., during the Town Board meeting on October 11, 2006. Mr. Bass said he voted against the resolution. Mr. Sheehan said he voted for an executive session to bring closure to the issue. The "backroom" meeting lasted two and one-half hours. Mr. Sheehan said although he continued to have concerns with the agreement, he voted to approve the use of the $439,000 since the programs were previously approved by the Town Board, and the funds were already in the school's bank account. Mr. Sheehan said it was disappointing to him that $50,000 - more than 10% of the $439,000 - was not going to student programs but to the administrator of the program. Both Mr. Bass and Mr. Sheehan emphasized that the resolution the Town Board approved made it very clear the Town would not release any more money until the Town was fully satisfied that the agreement complied with New York State Town law. It is expected that the New York State Comptroller's office will issue an opinion soon regarding the legality of the agreement.

Lorrin Brown noted that Town Attorney Tim Lewis has issued a written opinion questioning the legality of the $650,000 a year grant to the Valhalla School District. Councilman Francis Sheehan said that Supervisor Feiner's claim - that the Town Council members forced Mr. Lewis to write his opinion that the arrangement with the school district is illegal - is untrue. Mr. Lewis' opinion states that the funding from the WestHELP lease must first be credited to the Town-wide general fund ("A budget" fund). To date, the "A budget" fund includes no mention of receipt of any portion of the $1.2 million WestHELP lease, and the Unincorporated Greenburgh fund ("B budget" fund) only acknowledges receipt of $372,844 annually. Mr. Lewis' written opinion also states that according to New York State law the Town is required to adopt a local law permitting disbursement of funds to the school district after the Town makes a determination that the funds are being used for a Town-wide purpose.

Mr. Sheehan noted that this past Saturday morning, Channel 78 aired a meeting of the Valhalla School Board at which a discussion took place regarding the WestHELP grant money. He noted there appears to be quite a bit of controversy within the school district about spending money on administrators.

Cleo Oliver inquired about the $100.,000 a year that Supervisor Feiner proposed giving to the Mayfair Knollwood Civic Association. Mr. Bass and Mr. Sheehan stated it would be illegal to give money to a civic group. Robert Reninger noted that the civic group likely is getting more than $100,000 a year in additional police protection. Ella Preiser mentioned that Jim Heslop, the Town Comptroller, said each year $100,000 goes into a separate fund but no money has been disbursed from the fund since the Town Board never passed a resolution to expend the money. Mr. Heslop informed Police Chief John Kapica that the money for the additional police patrolling of the Mayfair-Knollwood area was coming out of his department's overtime budget. Ms. Oliver asked about the number of crime reports from the WestHELP project. Mr. Sheehan said there no problems with the facility.

It was noted that if the $1.2 million the Town receives were applied to the Town-wide budget, property taxes would be reduced. Joanne McAdoo mentioned that according to a recent news article she learned she lived in not only the most heavily taxed area in the country - Westchester County - but also in the most heavily taxed area in the county - Hastings-on-Hudson.

TOWN LACKS POLICY REGARDING SIDEWALKS

Lorrin Brown said that at the last Town Board meeting he mentioned that the Town constructed a goat path (sidewalk) along Payne Street and the Town expects residents to shovel this walk abutting their properties. He noted, however, that the Town fails to shovel the walk along the Town-owned pump station property on the corner of Bryant Avenue and Payne Street. Councilman Steve Bass told CGCA representatives that the Town has a responsibility to maintain Town-owned property and the Town Board would ensure that DPW addresses this problem.

Ella Preiser noted that Supervisor Paul Feiner recommended a policy requiring Town employees to remove snow from sidewalks along Payne Street and Ardsley Road. The Town Council members rejected Mr. Feiner's sidewalk policy but have not presented any other policy.

QUESTIONS RE PROPOSED SIDEWALKS ON KNOLLWOOD ROAD

Cleo Oliver inquired about the status of the Mount Vernon (Greenburgh) Health Center proposal to build a new facility along Knollwood Road at the former Cooke's Nursery site. Robert Reninger responded that the application will be considered for final site plan approval at tomorrow's (10/18/06) Planning Board meeting. Mr. Reninger said the Broadview Civic Association still has problems concerning a sidewalk in front of the property. He said the proposed sidewalk would be in the right-ofway, right next to the white line, and would be a danger to Broadview residents and anyone using Knollwood Road. He said the Town Board has not filed an application with the State Department of Transportation (DOT) as required by law for the proposed sidewalk.

Mr. Reninger noted that the Planning Board recently gave approval for the Princewood multifamily housing application at the former Alpine Tree site along Knollwood Road, which abuts the proposed health center site. He said that the Broadview Civic Association has determined that part of Knollwood Road is actually on the private property owned by Princewood. The Planning Board required that a sidewalk be constructed and said the fact that Knollwood Road is on Princewood property is not an issue. Mr. Reninger said no application has been filed with the State DOT for this sidewalk.

ROAD REPAVING, CURB REPLACING POLICIES DISCUSSED

Cleo Oliver inquired about the Town's policy for repaving roads. She noted her road is filled with potholes and needs repaving. Elinore Gordon and Victor Alleyne said that the Town recently repaved a portion of County Center Road. Town Attorney Tim Lewis noted that portions of several roads off of Payne Street were recently repaved. Mr. Lewis said DPW Commissioner A1 Regula told him a determination to repave is made on a case-by-case basis. Councilman Francis Sheehan said that because

people don't vote based on whether their street has been repaved, the Town moved away from a policy of road repaving every 20 years and extended the time to 30 to 35 years. He said last December the Town Council put additional money into the budget to return to a 20-year policy. He noted, in addition, the Town Council added money to the budget last year to reduce the amount of time owners must remain on a waiting list for replacing curbing.

CABLE STUDIO CONSTRUCTION COSTLY

CGCA representatives inquired about the Town's plan to construct a cable television studio in the space currently occupied by the mailroom at Town Hall. Council members Steve Bass and Francis Sheehan noted that bids for constructing the studio amounted to $287,000 and there was only about $100,000 in the PEG access capital cable fund. Ella Preiser said the Town had wasted (and possibly mis-used) tens of thousands of dollars from this capital fund to rent unsuitable cable studio space, first at a storefront on East Hartsdale Avenue and then in the office building on Knollwood Road across from the old Town Hall. She also noted that the Town receives about $500,000 a year from cable franchise fees. She suggested that some of this income, which is paid by cable users, should be used to provide a decent studio. She reminded that the public was promised a state-of-the-art studio when the move was made to the current Town Hall. She noted it is unfair to ask residents like Cleo Oliver and Cora Carey who faithfully have been producing Greenburgh cable programs for ten years to continue to produce programs in an inadequate space with grossly inadequate audio.

MISCELLANEOUS

Barnes and Noble to Close Central Avenue Store. Deborah Bloom noted that Hartsdale residents are troubled that Barnes and Noble has decided not to renew its lease at its Central Avenue location. It was noted that a car recently crashed into the front of the store.

Absence of Sound Barrier Walls Questioned. Lorrin Brown said that at the last Town Board meeting he questioned why there are sound barrier walls along Route 287 and along the Sprain Brook Parkway south of Route 287, but no walls along the Sprain Brook Parkway north of Route 287. He noted the Police Chief has agreed the noise from the parkway is very loud.

Cluster Subdivision Amendments under Consideration. Ella Preiser reported that she and Michelle McNally met with Planning Commissioner Mark Stellato yesterday (10/16/06) to discuss the proposed amendments to the Town's Subdivision regulations to permit the Planning Board to review/approve "Cluster Subdivisions." Ms. McNally and Ms. Preiser believe more criteria should be included in the proposed amendments. The developers for the Dobbs Ferry Road Westchester Golf Range property have requested this code change.

Police Misconduct Hearing Scheduled. It was noted the Town Board will sit as a Board of Police Commissioners at 5 p.m. on November 9, 2006, to hear the case against a police officer accused of misconduct in the "dominatrix" case. The hearing is open to the public but will not be televised.