The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias has received year 2004 dues 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
Chatterton Parkway Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Greenridge Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Knollwood Manor Civic Association
Knollwood Neighborhood Civic Association
Longview Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Poet’s Corner Civic Association
Rex Ridge Apartment Corp.
Secor Homes Civic Association, Inc.
Southern Greenville Association
Stone Oaks Condominium
The Colony at Hartsdale
The Cotswold Association, Inc.
The Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
Woodlands-Bradley Civic Association

Forty civic groups have paid dues for the year 2004. A number of civic groups have prepaid dues for the year 2005. There is $1326.25 in the treasury.

The October 19, 2004 meeting was held at the Theodore D. Young Community Center. The meeting was chaired by Cleo Oliver, CGCA Vice Chair. CGCA representatives voted unanimously to approve the minutes of the CGCA meeting held on September 21, 2004.

CGCA representatives welcomed Michelle McNally to her first CGCA meeting since becoming the new President of the Edgemont Community Council and extended "Happy Birthday" greetings to Bob Bernstein and Irene Zuck.

CGCA representatives congratulated Town Prosecutor Timothy "Tim" Lewis on his appointment to the position of interim Town Attorney, effective November 1, 2004. Mr. Lewis asked representatives if they had any concerns that his attendance at future CGCA meetings might have a "chilling" effect. He was assured that CGCA meetings are always "open" and he is welcome to attend. Cleo Oliver mentioned that Town Councilman Steve Bass frequently attends CGCA meetings.

CGCA representatives were reminded of the joint meeting of the CGCA with members of the Library Board that is scheduled for Thursday, November 4, 2004. Notice of the meeting will be sent to all known civic organizations in the Town. Ella Preiser reported that she spoke with Library Director Demita Gerber yesterday and was informed that the Library’s architect is prepared to present preliminary plans showing the proposed Library expansion and parking occupying the entire site. Ms. Gerber said there is no recent survey of the Library/former Town Hall site, and it appears no subdivision was ever approved. However, Ms. Gerber told Mrs. Preiser that answers would be provided to the other questions that CGCA Chair Madelon O’Shea raised in a CGCA September 28, 2004 letter. Robert Bernstein mentioned that Supervisor Paul Feiner had issued an email expressing support for a library expansion. William Greenawalt said that Mr. Feiner has what he wants – a public referendum on the Library expansion.

Ella Preiser noted that at today’s (10/19/04) Town Board work session and special meeting, the board voted (3 to 2) to eliminate the $7,000 a year position of Special Assistant to the Supervisor, occupied by Town Assessor Gerry Iagallo. Immediately after the vote, Mr. Feiner proposed a second motion to hire Mr. Iagallo as a Special Assistant to the Supervisor for the Library expansion program only. Councilwoman Timmy Weinberg seconded the motion. Councilpersons Eddie Mae Barnes, Steve Bass and Diana Juettner voted against the motion. Mr. Feiner angrily announced "if the Library expansion costs $25 million, it’s your fault."

CGCA representatives discussed the numerous articles that have appeared recently in the local press about some of the contributions Supervisor Paul Feiner received at a fundraiser in March 2004. Of particular interest was an article appearing in the October 1, 2004 edition of The Scarsdale Inquirer, which reported that a member of the Planning Board called the District Attorney and said the board was being pressured to "fast track" an application.

Robert Bernstein had asked Mr. Feiner at the Town Board meeting on September 8, 2004, to return the contributions from persons (or their counsel) with applications pending before the Town. Mr. Feiner announced to the press that he would seek an opinion about the contributions from the town’s Ethics Board. CGCA representatives mentioned the bizarre exchange that took place at the Town Board meeting on October 13, 2004. Ella Preiser asked Mr. Feiner if he had written the letter to the Ethics Board. He said he had. She asked for a copy. He said it was available from the Town Clerk. The Town Clerk said she didn’t have it. From the audience, Mr. Bernstein said he was told it wasn’t available unless the Ethics Board made it public. Councilwoman Timmy Weinberg reminded Mr. Feiner it was confidential. Mr. Bernstein told Mr. Feiner it had already been emailed. Mr. Feiner then acknowledged he had already given a copy of the letter to Joe Ax, a reporter from The Journal News. Mr. Feiner then handed a copy of the letter to Town Clerk Alfreda Williams, who made copies and provided them to the public.

Copies of Mr. Feiner’s lengthy letter, dated October 8, 2004, to Judge Thomas Facelle, Chair of the Greenburgh Ethics Board, were distributed to CGCA representatives. In the letter Mr. Feiner seeks an advisory opinion regarding the provision of the Greenburgh Code of Ethics that prohibits town officials from soliciting political contributions from "any party who has an application pending" before the Town. Copies of letters to Judge Facelle from Mr. Bernstein, Ed Krauss and Hal Samis were also distributed. In their letters, all three residents took exception to the less than candid way Mr. Feiner had presented the facts and circumstances in his letter to the Ethics Board. CGCA representatives trust that the Ethics Board will consider all relevant letters and materials on this important issue.

Michelle McNally, President of the Edgemont Community Council, distributed a copy of the letter the ECC sent to Westchester County District Attorney Jeanine Pirro requesting that she open an investigation into whether any laws had been broken in connection with Mr. Feiner’s fundraising. A lengthy discussion ensued. It was noted that for many years the CGCA has been asking Mr. Feiner not to accept campaign contributions from those with applications before the Town and to refrain from lobbying various Town boards on behalf of applicants because such actions taint the process and definitely create an appearance of impropriety. Mention was made of a number of large contributions from parties (or their representatives) with applications before the Town, including: D’Alessio, Castle Walk, Sunrise, LCOR, Robert Martin Co., Westchester BMW, and the Greenburgh Health Center. Questions were raised about whether in addition to violation of the Town’s Ethics Code any other laws may have been broken. CGCA representatives agreed they lacked the means to answer the questions. In an effort to clear the air and obtain answers to the questions, CGCA representatives voted unanimously to follow the actions of the ECC and send a letter to District Attorney Jeanine Pirro seeking an investigation.

Copies were circulated of the following articles regarding this subject:

"Supervisor's campaign funds questioned," by Joseph Ax, 10/1/04
"Feiner awaits ethics ruling," by Joseph Ax, 10/19/04

On August 19, 2004, the ZBA unanimously found that the Greenburgh Health Center (GHC) is a "hospital" as that term is defined in the Greenburgh Zoning Ordinance and NYS Public Health Law. The GHC then sought to redefine the term "Hospital" in the Zoning Ordinance. Ella Preiser said that she spoke on behalf of the CGCA at the public discussion on September 29 and urged the Planning Board not to accept these new definitions. She said that at the Town Board work session on October 5, 2004, Councilwoman Timmy Weinberg stated that she thought the Planning Board was "making the issue more complicated that it should be" and all that was needed was "a clarification that they’re not a hospital." Robert Reninger said that a local municipality lacks authority to supersede NYS Public Health Law, which defines the word "hospital." He noted the courts ruled invalid Greenburgh’s law to prohibit the sale of beer at Gasoline Station Convenience stores because it was inconsistent with state law. Mr. Reninger reported that the Planning Board will continue discussing the proposed amendments tomorrow (10/20/04). Grave concerns were expressed about the proposed code changes. CGCA representatives unanimously passed a resolution asking the Secretary to write a letter to the Planning Board expressing CGCA concerns.

Mr. Reninger noted that Westchester County has put out bids for a health care facility on county-owned property on Grasslands Road. Alice Moroney opposed the idea of putting the GHC at Grasslands. The Frank’s nursery site on Dobbs Ferry Road was considered an unlikely location for the GHC. Mr. Reninger noted the GHC currently owns the former Cooke’s Nursery site on Knollwood Road but is under contract to sell it to the Mount Vernon Health Center, which would sublease it back to GHC. Concerns were expressed that patients using public transportation would be forced to walk along Knollwood Road which has no sidewalks. Mrs. Preiser reminded CGCA representatives that at the present time the only issue being addressed is the Zoning Ordinance definitions, not the site plan application.

Elinore Gordon questioned what is being planned for the property on Tarrytown Road currently occupied by the GHC. It was noted that Commerce Bank has purchased the property and is allowing the GHC to continue renting the building on a month-to-month basis. The bank has plans to demolish the existing building and construct a new office building.

William Greenawalt commented that he has concerns about Madison Square Garden’s proposal to locate a helipad at its Landmark at Eastview site. He noted there are safety as well as noise concerns. He reminded that in New York City the rotors came loose from a helicopter, causing deaths. He said such accidents may be rare but must be considered if additional flights are to take place over Greenburgh. Alice Moroney noted that noisy helicopters take off and land at all hours of the day and night at the medical center and the state police barracks. Francis Sheehan commented that the police have said it would be good to have another helipad in the event of an emergency. CGCA representatives noted that helicopters are capable of landing on streets and in many other places in emergencies.

The Conservation Advisory Council (CAC) is continuing to work with Deputy Town Attorney Janet Insardi on amendments to Chapter 260 (Trees). Ella Preiser told CGCA representatives that she spent two hours with Ms. Insardi on Monday (10/18/04) pointing out problems with the proposed revisions. It appears the CAC now recognizes that not every tree should be saved and is considering allowing a property owner to cut down two trees of a certain size every two years without obtaining permits or notifying neighbors. The CAC held a meeting Monday (10/18/04) and no doubt further refined the proposed amendments. It was noted the Planning Board will be discussing the proposed amendments at its work session tomorrow (10/20/04).

A lengthy discussion followed on the issue. Robert Bernstein questioned the appropriateness of requiring private homeowners to justify to their neighbors, the Forestry Officer or the Town Board the need or desire to remove any trees. Michelle McNally agreed the proposed amendments were very intrusive. Deborah Bloom mentioned that Homestead Owners Corp. will need to have trees removed, not because they want to remove them but because they need to replace a roof membrane. Mr. Bernstein objected to the "one size fits all" approach. He suggested that perhaps a way to resolve the issue is to require a tree permit if the property owner files an application to increase the footprint of the building. He said communities that want to preserve all trees could form tree districts if they want regulations different from the rest of the town. Carol Wielk said she wanted to save trees. She noted that numerous trees are cut down to build mansions and when you multiply the loss lot by lot, the area is no longer rural. Elinore Gordon said older homes have large trees and regular maintenance is burdensome enough without having to obtain tree permits. She noted trees were clear cut when Winding Ridge was developed.

Updates were provided on a number of applications pending before the Planning Board:

• Losco Office Building – Site Plan. The public hearing on the proposal to construct an 18,000+ square foot office building on West Hartsdale Avenue, originally scheduled for September 29, 2004, has been adjourned until October 20. The applicant was asked to approach the adjacent office building to the south about the possibility of sharing a driveway and also to obtain data on traffic accidents in the area. It was noted that the parking directly across the street at Mighty Joe Young encroaches into the state right-of-way.
• LCOR – Subdivision and Code Change. On October 6, 2004, the Planning Board declared its intent to become Lead Agency under SEQR and scheduled a public hearing for November 3 on the application to subdivide the 182–acre site into three separate lots. The Planning Board also plans to hold a public discussion on November 3 on the proposed amendment to the Zoning Ordinance that would eliminate the 75-acre requirement for the "spine" building which bridges Old Saw Mill River Road.
• Pizza Hut – Special Permit. On October 6, 2004, the Planning Board discussed in work session the proposal to relocate Pizza Hut from its current freestanding building near Central Avenue to the northern end of the main building in the Midway Shopping Center. Deputy Town Supervisor for the Midway Shopping Center Arnold Laubich expressed concern about parking requirements and the proposal to eliminate an entrance to the shopping center from Ardsley Road. The board scheduled a public hearing on the special permit application for November 17, 2004.
• Gel-Sprain DEIS. The applicant has completed the Draft Environmental Impact Statement for the proposed residential subdivision. On September 29, 2004, the Planning Board, as Lead Agency under SEQR, established a schedule for reviewing the document to determine whether it is complete and ready to be circulated to the public. A work session discussion on the DEIS will occur on November 3, 2004.
• Castlewalk Subdivision. On September 29, 2004, the Planning Board was informed that the existing buildings had been demolished, but three trees designated to be saved had been removed. The board will discuss the unauthorized removal of trees at its work session tomorrow (10/20/04).

At the Town Board work session on October 5, 2004, representatives from the Greenville Shopping Center on Central Avenue presented proposed plans to reconfigure the building occupied by Mavis Tire to an office building for Fidelity Investments. The back of the existing building would be removed and an addition would be built on the side. The overall square footage of the building would remain the same. The building would still be too close to Central Avenue but the new use would conform to the Zoning Ordinance. On October 13, 2004, the Town Board referred the amended site plan application to the Planning Board for its review and recommendation.

TOWN BOARD THREATENS FINES AGAINST CABLEVISION
CABLE STUDIO LEASE LAPSES WITHOUT A REPLACEMENT STUDIO IN PLACE

At the suggestion of Francis Sheehan, the Town Board passed a resolution on August 18, 2004 to impose a fine on Cablevision if audio and video problems were not resolved on Greenburgh’s cable channels. Since then the board has passed two more resolutions threatening fines. Mr. Sheehan said he heard Supervisor Paul Feiner announce yesterday on CBS radio that Greenburgh is planning to fine Cablevision for transmission problems. It does not appear any fines have been imposed.

Ella Preiser reported that Emilie Spaulding, the Director of Government & Public Affairs for Cablevision, was at today’s (10/19/04) Town Board work session and discussed the steps Cablevision has already taken to improve government cable channel reception. These measures included: installing a laser and a fiber optic return line at Town Hall, installing new modulators to improve picture quality, and providing technicians to balance lines and reroute cables. She noted Cablevision has also ordered an encoder to stabilize picture/sound for digital customers, time-based correctors to address video instability, and audio gain controls to overcome audio instability emanating from Town Hall. Ms. Spaulding said live audio/video tests will be performed in the afternoons and evenings of board meetings. She mentioned Cablevision has already spent about $20,000 for equipment and donated invaluable personnel time and talent in an effort to correct problems.

Mrs. Preiser noted the Town no longer has a cable studio as the lease at the Knollwood Road site has expired. Apparently cameras and other equipment are currently stored on the second floor at 177 Hillside Avenue.

At the public hearing before the Town Board on September 22, 2004, questions were raised about why the Town places fines collected for parking offenses in the Hartsdale Public Parking District in the Town Entire (including the Villages) General Fund instead of returning the fines to the Parking District to defray maintenance costs. Ella Preiser reported that at today’s (10/19/04) Town Board work session, Town Comptroller James Heslop said that he contacted the NYS Comptroller’s office about the issue. Mr. Heslop said the uniform system of accounts for Towns requires that the money be put in the General Fund. He noted the Town Board could pass a law to allocate funds from the General Fund, but if revenues are allocated, expenditures related to collecting the revenues should be applied.

Robert Bernstein told CGCA representatives that the response begs the question. He noted the Town Board has the authority to allocate funds from the General Fund. He questioned whether the Town Board is hesitant to do so because the majority of voters in Greenburgh live in the six Villages and placing the fines in the Town Entire General Fund helps to subsidize the tax burden in the Villages. CGCA representatives noted that there appears to be a double standard since the Villages have their own courts and their fines are not shared with the rest of the Town.

CGCA representatives commented on the two proposals regarding renewable energy sources that were on the Town Board agenda for the meeting on October 13, 2004. One proposal consists of purchasing three percent (3%) of the Town’s electrical power needs from a private for-profit company supplying wind energy. The Town would pay a premium, amounting to roughly $5,000 a year for a five-year period. Councilman Steve Bass and community residents questioned whether the Town can legally purchase energy at a premium instead of from the lowest bidder. It was noted that Richard Garfunkel, Supervisor Feiner’s Deputy Supervisor for Liaisons, advocated for the contract and suggested at the board meeting the possibility of putting wind turbines on Taxter Ridge. Ella Preiser reported the issue of wind energy was discussed at today’s (10/19/04) Town Board work session and the board agreed to put the matter on hold because the issue was no longer time-sensitive. If the proposal had been approved at the October 13 meeting, the Town would have received publicity for supporting renewable energy sources and been honored with an award at a dinner in Albany.

The Town Board is also considering a grant from NYSERDA to place solar panels on the roof of the Town Hall. The Town would pay $18,704 of the $55,104 estimated cost. The proposal includes a cost recovery agreement between the Town and the New York Power Authority when certain milestones are accomplished. For educational purposes, a kiosk would be erected in the lobby and contain a bulb using energy generated from the solar panels. At today’s Town Board work session, Councilwoman Timmy Weinberg said residents should be informed the solar panels would not only light the demonstration bulb but also power some of Town Hall’s electric needs. At the October 13 board meeting, resident Murray Boudin asked how much energy the panels would generate and was told only 7,690 kilowatts for the whole year. No vote was taken as Councilman Steve Bass asked for time to read the contract.

At the Town Board meeting on October 13, 2004, several residents asked that Richard Garfunkel be removed from the office of Deputy Town Supervisor for Community Liaisons that Supervisor Paul Feiner created. Mr. Garfunkel wrote a "letter to the editor" using the title. His abusive behavior as an agent of the Town has been questioned. At the Town Board meeting on August 18, 2004, Mr. Garfunkel heckled speakers at the microphone and challenged one speaker "to throw the first punch."

CGCA representatives commented that in the past it was the Town Board that appointed a "Deputy Supervisor" for a specific project and there was a swearing-in ceremony. Robert Bernstein said such appointees are agents of the Town. He explained that the swearing-in ceremony triggers Town liability for their acts. He indicated Town law permits the Town Board to create such a position and gives the Supervisor discretion to fill it. He noted if the Town Board members fail to act, they are deemed to acquiesce. Francis Sheehan said he is still waiting for the Parks and Recreation Advisory Board to respond to whether Mr. Garfunkel accurately portrayed the board’s opinion when he mentioned there was a difference between the way white collar and blue collar workers consume or metabolize alcohol.

At its meeting on October 13, 2004, the Town Board passed a "Special Counsel Agreement" by a 3 to 2 vote, appointing Susan Mancuso as a special counsel to the Town for tax certiorari. Under the terms of the agreement, Ms. Mancuso resigned as Town Attorney but will be paid for the remaining fourteen months of her contract with the Town and receive family health insurance coverage. The agreement requires her to work as an independent contractor for the Town a minimum of 41.86 hours a month at an hourly rate of $225 between November 1, 2004 and December 31, 2005. This equates to her former full time salary for approximately 25% of the work, causing the agreement to be characterized by some as a "buyout."

Public Hearing Scheduled on Amendment to Ban Flag Lots. At its meeting on September 29, 2004, the Planning Board recommended slightly different wording for an amendment to the Zoning Ordinance to ban future flag lots. The Town Board discussed the wording during its October 5 work session and has scheduled a public hearing on the proposed amendment for October 27, 2004.

Town Court at Town Hall Considered. Ella Preiser reported that at today’s (10/19/04) Town Board work session, an architect from Lothrop discussed possible plans to locate a satellite Town Court in the 18,000 square foot room upstairs at 177 Hillside Avenue that the Town Board previously decided to rent to AT&T Credit Union. The plans were based on what court personnel said would be necessary. Some board members questioned whether the use actually would fit in the space. It was mentioned that Police Chief John Kapica has raised security concerns about locating court functions at the Town Hall site. The architect was asked to redesign the plans.

Driving Range Property Sold. It was reported that the Westchester Driving Range on Dobbs Ferry Road has been sold. The property is zoned R-30, which requires a minimum of 30,000 square feet per single family home. In 2001, Supervisor Feiner wanted to acquire the site by eminent domain for a new Town Hall/Library. At that time, the owners gathered 5,000 signatures on a petition and took out a full-page advertisement in the local paper stating the property was not for sale. CGCA representatives noted the Driving Range contributed $2,000 to Supervisor Paul Feiner at a March 2004 fundraiser.

Town Board Meetings on the Internet. At today’s (10/19/04) work session, Town Board members again discussed Supervisor Feiner’s desire to hire a firm (Globix) to both archive past board meetings and present live board meetings on the Internet. The projected cost is $600 a month. Apparently a contract would cost considerably less if board meetings were archived but not presented live. Town Board members put the matter on hold and asked Cable Coordinator George Malone to obtain additional information.

Kathwood Road Unfinished Houses to Remain. It was noted on appeal a court has issued a stay of a judge’s July 2004 decision ordering the property owners to begin demolishing the five houses in various stages of construction on Kathwood Road.

Town/Village Meeting on Negligence Lawsuit Costs Sought. At the Town Board work session on September 28, 2004, Town Clerk Alfreda Williams mentioned that Supervisor Paul Feiner had asked her to invite New York State Comptroller Alan Hevesi to attend a work session. The mayors of the six Greenburgh Villages would also be invited. The purpose of the meeting would be to discuss whether the Villages should be taxed to pay for the negligence lawsuit for a tree that fell in Cotswold Park. Mayors of the Villages object to paying the additional tax and believe the opinion issued by the State Comptroller’s office supports their position.

Colony Residents Experience Brief Sounds of Silence. Late in the evening on October 6, 2004, all noise producing equipment such as air conditioning units were turned off at the Westchester Square Shopping Mall on Central Avenue. Residents of The Colony experienced a few moments of silence while an acoustical engineer took ambient "noise" readings from their homes. The promise was to design buffering to achieve the ambient decibel level. The question now is: Who pays for the buffering?

Hearing Scheduled on Tree Permit Appeal. At the work session on October 5, 2004, the Town Board scheduled a hearing for November 4, 2004 regarding the Forestry Officer’s intent to issue a tree removal permit to the property owner at 42 Round Hill Road in Edgemont. Neighbors on Round Hill Road have appealed the Forestry Officer’s decision to the Town Board.