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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS

Minutes of October 19, 1999 Meeting

Adopted November 16, 1999

The Council of Greenburgh Civic Associations seeks to provide information and advance the common interests of member civic groups in important Town affairs. The following member civic groups have paid their 1999 dues:

Ardsley Estates Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Downing Hill Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Edgemont Civic Association *
Edgemont Community Council, Inc.
Fort Hill Association
Fulton Park Civic Association
Glenville Community Association
Granada Condominium III Association
Hillcrest Park - Ardsley Civic Association
Hillside-Wyndover Civic Association
Juniper Hill Civic Association
Knollwood Manor Civic Association
Longview Civic Association
Lower Manor Woods Neighborhood Association Mayfair-Knollwood Civic Association
North Elmsford Neighborhood Association
Northern Greenville Civic Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Civic Association
Stone Oaks Condominium
The Colony at Hartsdale
The Cotswold Association, Inc.*
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association

*Dues also paid for 2000.

To date, thirty-three civic groups have paid their 1999 dues. There is $947.95 in the treasury. Minutes of the August 17, 1999 and September 21, 1999 meetings were not available.

CGCA members welcomed new representatives: Jean Gebelein (Granada Condominium III Association) and George Weinstein (Edgebrook Cooperative, Inc.).

CABLE TELEVISION DETERIORATES FURTHER

A lengthy discussion took place about a number of issues - all involving the continuing degradation of the town's public access TV.

CGCA Cable TV Program. The program taped earlier this spring, but never aired, with Chairman Danny Gold interviewing Carol Wielk of the Secor Homes CA apparently has been lost. (It was noted that tapes of other cable TV programs also are missing.) There are severe audio problems with the CGCA program currently airing about the proposal to build a water filtration plant - it is impossible to hear the speakers, even with the TV volume control set to the maximum loudness.

Town Board, Planning Board and Zoning Board Meetings. It is difficult to determine what one is watching and whether the meeting is being aired "live" since the name of the Board and the date of the meeting are no longer displayed on TV broadcasts. In addition, the phone number for "Dial Democracy" is not displayed during Town Board meetings.

Town Board Meetings not aired Town-wide. Current operation of Channel 14, the government cable channel, does not permit the routine airing of Town Board meetings in the river Villages and Village Board meetings in the unincorporated area, thus limiting the dissemination of information. The only Village Board meeting routinely aired in the unincorporated area is the Ardsley Village Board meeting, but recently even that meeting was preempted in the unincorporated areas, preventing "dial-in" participation by anyone outside the Village of Ardsley.

Lack of Calendar. Residents must continuously monitor the public access channels to determine what if anything is showing. The monthly published calendar for Channel 14 and Channel 16 that was discontinued earlier this year but promised again this summer is still not available. The cable "bulletin board" continues to advertise events that are months old and long since past.

Political Manipulation of Cable. The Town Board enacted a resolution in April 1999 restricting cable appearances by candidates during the months leading up to an election and purpoft6dly granting equal access and time to all candidates running for political office. The incumbents strictly enforced the rules against opponents but ignored their own rules when it affected their appearances. Supervisor Feiner was regularly seen on half-hour cable shows and an old tape of incumbent Town Board member Les Adler being interviewed for a judge race was aired. For the general election, the incumbents made up new rules without any prior public notification. All challenging candidates were notified that they would be allowed to tape only one 15-minute segment on a given date at a given time. However, special arrangements were made for the incumbents after the deadline. Councilman Les Adler and Supervisor Feiner actually abused the public by delaying the start of today's Town Board work session to tape IS- minute political segments behind closed doors in the conference room. The scheduled 2:30 p.m. work session, with public present, started after 3 p.m.

Candidates who met the taping deadlines have complained that they have not been given copies of their 15-minute taped segments as requested or information on the dates and times of airing, limting their ability to timely disseminate the information

The Candidates' Debate sponsored by the CGCA was replayed only once - on Labor Day - even though members were told it would air on a second date. No dates have been assigned for replaying the October 14 League of Women Voters' Candidates' Debate, limiting timely distribution of the information and the usefulness of having debates.

The CGCA supports the following recommendations. Cable TV should be removed from the control of those holding political office. An independent seven-member Cable Board should be established, consisting of community representatives from throughout the town. No political party should have a majority membership on the board. Channel 14 should be used as the "government" cable channel, repeatedly airing, including on weekends, Town and Village municipal-related meetings. Some of the revenues received from the Cable TV Franchise Tax and Equipment Fund should be expended to provide a decent studio and any necessary equipment or staffing to produce quality programs. The prohibition against using volunteers to tape meetings when the cable director is unavailable should be retracted. Town residents desiring a cable program should be given preference over the many non-Greenburgh based programs currently airing.

SUPERVISOR FEINER AGAIN PROPOSES RESTRICTING POLITICAL CAMPAIGN SIGNS

At the September 29 Town Board work session, Supervisor Feiner and other board members made a number of negative comments about the political signs of a primary candidate who sought to unseat one of the incumbents. The Supervisor repeated his idea to restrict political signs in the Town - a proposal he also made two years ago during the last local election. Silence was the response when a question was raised about the ubiquitous signs that had appeared throughout the Town for those candidates running for Town Justice with the support of the incumbent board members.

Chairman Gold circulated Supervisor Feiner's memo of October 14 which suggested that Greenburgh adopt a policy similar to the campaign sign and poster policy of the Village of Ardsley. Copies of the memo and Ardsley's policy will be included in next month's mailing and discussed at a future CGCA meeting.

COMPREHENSIVE "Master" PLAN

At the October 5 work session, Saratoga Associates (the Town's consultants) met iwith-the Town Board

to discuss the possibility of enacting a building moratorium during consideration of the final phase of the Comprehensive Plan. The meeting was held in executive session with the public excluded. At their October 13 meeting, the Town Board passed a resolution directing the Town Attorney and Planning Commissioner to draft proposed legislation for a moratorium. The public was not given a copy of the resolution prior to its adoption, preventing meaningful public comment. There is some question whether other sites will be considered in addition to the 29 specific sites being considered by the Committee.

In the evening on October 5, the Comprehensive Plan Committee met. The draft fiscal impact analysis that was distributed clearly shows what CGCA members have long known - taxes generated by new residential construction do not cover the cost of providing services. The study shows that the town budget benefits from development but the costs to school districts to educate the additional children far exceed the taxes produced by the development. Existing taxpayers must make up the shortfall. The analysis indicates that development is good for the town budget but bad for town residents overall because they also pay the greatly increased school taxes.

CGCA members expressed concerns about

(1) a number of large parcels that have not been included for study,

(2) the appearance that Town staff are controlling this study,

(3) the fact that conunittee members are not getting answers to their questions, and

(4) whether the plan is truly a "Master" plan since it is limited only to 29 specific parcels.

The final draft of Phase 11 will require another 4 to 6 weeks. The next meeting of the Committee has been set (tentatively) for November 4, 1999. Phase III of the Comprehensive Plan will take about 5 to 7 months and include public hearings and preparation of a Generic Environmental Impact Statement.

PLANNING BOARD - NEW APPOINTMENTS

Mrs. Frances McLaughlin was appointed Chairperson of the Planning Board following the retirement/resignation of Dr. Stanley Samuels in August. Former Zoning Board Chairman, Robert Nadel, has been appointed, effective October 1, to fill the vacancy created by the resignation of Dr. Samuels.

Long-time member Ernestine Bartlett has also resigned from the Planning Board. At the September 28 Town Board work session, Supervisor Feiner informed Town Board members that he had discussed the vacancy with James Hubert, the recent unsuccessful Democratic nominee and primary candidate for Town Justice. Mr. Hubert apparently was willing to accept appointment to the Planning. Board. The Supervisor requested that a special meeting be opened to appoint Mr. Hubert because there was concern that the Planning Board would not have a quorum for the October 6 meeting. Councilwoman Eddie Mae Barnes requested the opportunity to speak with Ms. Bartlett about the reason for her resignation. At the October 5 work session, the Town Board neglected to appoint Mr. Hubert. Community members informed Town staff on October 6 and the regular Planning Board meeting was cancelled for lack of a quorum. Mr. -Hubert was appointed at the October 13 Town Board meeting.

PROCESS - FILLING OPENINGS ON BOARDS

It was noted once again that Supervisor Feiner still has not responded to the CGCA letter of March 26, 1999 requesting information about the process that the Town Board uses when selecting candidates to fill vacancies occurring on the various volunteer boards and committees in the Town. The CGCA has great concern over the constantly changing process and the "closed-door" and no discussion methods of recent appointments. CGCA members again questioned the reasons for the hesitancy of the Supervisor and Town Board members to document the process in writing.

VIDEOTAPING - TOWN BOARD WORK SESSIONS

When questioned at the September 8 Town Board meeting (held at the Gaisman Estate) about items on work session agenda, Supervisor Feiner told residents to call his office. The Supervisor's secretary relayed the message that "Council of Greenburgh Civic Associations procedures" would be discussed at the September 28 work session. Those who regularly attend work sessions decided to bring a camcorder videotape the Supervisor's comments about the CGCA at the work session. In advance of the meeting, Francis Sheehan gave Town Attorney Rick Turner copies of case law that specifically stated that the videotaping of work sessions was permitted by the Open Meetings Law. Councilwoman Timmy Weinberg strongly objected to the camera. She was visibly upset when informed by Mr. Turner that videotaping is allowed. She walked out of the work session declaring that her rights to privacy were being invaded and persuaded Councilwoman Diana Juettner also to leave the work session. Supervisor Feiner and Councilman Adler remained in the room. Insulting comments regarding volunteers were made, and civic groups were accused of putting up political signs. The Supervisor acknowledged that his message about "CGCA procedures" was a hoax. Shortly after, the Board went into Executive Session.

Thanks to Francis Sheehan and Ella Preiser, the work sessions of October 5, 12 and 19 also have been videotaped. Beginning October 12 without any public discussion, the Town Board instituted a new policy and now holds work sessions in the auditorium and uses the conference room for its lengthy executive sessions. With background noise from the main entrance and since the Town Board does not use microphones and staff tend to talk at the dais, it is much more difficult to hear the discussions. Councilwoman Weinberg continues to object to the sessions being videotaped and places her pocketbook on the dais in front of her to totally block her face from view.

PROPOSED LAND SWAP

The Westchester County Board of Legislators currently is studying a proposed land swap. Syracuse Brothers who own 3.9 acres of land in New Rochelle would give the land to the NYSDEC in exchange for 11.3 acres of land in Greenburgh adjacent to the Saw Mill River Parkway (owned by the NYSDOT). The property in New Rochelle would be saved as wetlands but the swapped land in Greenburgh could be developed. Access would also be provided to adjacent parcels. On September 29, Supervisor Feiner told residents that he had walked the land in Greenburgh, considered it a "junk yard" and is favorably inclined toward the land swap since he could possibly get money from the developer to help buy Glenville Woods. It was noted that Syracuse Brothers contributed $1500 to Supervisor Feiner's campaign for Congress shortly after they presented this land swap idea to the Town.

LEATHERSTOCKING LANE LANDFILL

The CGCA continues to share the neighbors' concerns about the enormous fill operation that the Town has permitted to take place. Following heavy rain storms, gullies form on neighboring properties and a colored foam is observed. Test borings taken this summer onlv went down a few feet because the Town didn't have the necessary equipment to do deep core borings. A report issued in August suggests the need for site assessment by the County Health Department. The Town Attorney and the DEC appear to be negotiating with the property owner. The adjacent neighbors who have been negatively impacted by this fill operation are being kept in the dark. Their questions continue to go unanswered.

The Town claims that the current code permits this kind of fill operation on properties less than one acre. CGCA members disagree and question why the Building Inspector has refused to put in writing his determination so that the matter could be appealed to the Zoning Board. The CGCA supports the Leatherstocking Lane neighbors and objects to the Town's stalling tactics in preventing their appeal from being heard.

Meanwhile., the Town is proceeding with a proposal to amend the Zoning Code about landfill on properties less than one acre. The proposed legislation would not prohibit another "Leatherstocking Lane." However, it would require property owners to obtain a permit from the Town Engineer if more than 100 cubic yards of fill were to be dumped. A public hearing on the proposed legislation was continued at the October 13 Town Board meeting and a decision will likely be made on October 27.

ELEVATOR LAW

On September 22, the Town Board opened a Public Hearing on proposed new legislation that would regulate those who install/inspect elevators and other conveyances and require registration and semi-annual inspections of all conveyances in the Town. Francis Sheehan expressed concern about the proposed law and agreed to work with Town staff in rewriting the law. Francis withdrew his offer to help when Ella Preiser was told she could pay to make copies of necessary documents to help rewrite the law. At the September 28 work session, the Supervisor announced that a comments about the elevator law must be in writing. Francis and Ella subsequently received letters from the Supervisor requesting their comments prior to the next Town Board meeting.

At the October 5 work session the Supervisor announced that 30 minutes would be set aside at the next work session to discuss changes to the proposed law. This never occurred on October 12. Instead the Supervisor spent 5 minutes questioning Town staff about whether they had received input from the community. He never asked the community for input but noted that the Board would vote on this proposal at the October 13 meeting because the thousands of dollars that the permitting process would generate had already been included in the proposed year 2000 budget.

At the October 13 public hearing, the Supervisor announced new rules for speaking - each person would be allotted five minutes and would then be required to wait until all others had spoken to be given an additional five minutes. Francis and Ella, who had not discussed their concerns with each other; dutifully adhered to the new rules and stopped mid-sentence when the timer went off and had to engage in a "tag-team" event to voice their concerns. The Supervisor then ordered a 15-minute break in the meeting and told community members to discuss their concerns in the conference room. The Supervisor was critical of community members not providing comments in advance. CGCA members commented that Town Board members obviously failed to read the proposed law they insisted on adopting or did not understand what they read.

Francis and Ella have agreed to meet with Deputy Town Attorney Mindy Hartstein this Thursday, October 21, to work on rewriting the law.

MISCELLANEOUS

Juniper Hill Civic Association. Copies of letters were distributed from the JHCA requesting Supervisor Feiner and the Building Inspector to attend an October 21 meeting to respond to the group's concerns about a number of issues, including a "Bed and Breakfast" that has apparently been operating illegally in their neighborhood.

Ardsley "Honk your horn if you don't like being stuck in traffic" Rally. Concern was expressed about Supervisor Feiner using Town e-mail to promote illegal activity. New York State Vehicle and Traffic laws state that a horn shall "serve as a danger warning but shall not be used other than as a reasonable warning..."

Additional Police Officers Requested. Police Chief John Kapica will request that funding be provided in the year 2000 budget to hire two additional police officers. Partial funding is available through the federal COPS grant for hiring up to five officers. This may be the last year the federal money is available. CGCA members noted that the Greenburgh Police Department is significantly understaffed in comparison with neighboring communities and supports hiring additional police officers.

CGCA Accused of Unfairness. Concern was expressed that the CGCA held no candidates' debate before the general election. This appeared to some as unfair to members of the Republican and other parties since the CGCA held a debate for primary Democratic candidates in August. Unwillingness to compete with the League of Women Voters as well as the unavailability of Town Hall and cable staff were given as reasons.

Advanced Life Support to Villages. At the October 14 League of Women Voters' Debate, Tarrytown Trustee Nicky Morabito indicated that Village of Tarrytown trustees were concerned about Greenburgh's response time to emergencies and were looking into training Village Police Officers to improve response time to medical emergencies. Understaffing may be a contributing factor in the delayed responses.

No Adult Group Home - Poets' Corner. At the October 19 Town Board work session, representatives from Amicus Healthcare briefly presented their proposal to build a 60-bed center for seniors with Alzheimer's or other dementia-related illnesses at the Westchester View Farm property (West Hartsdale Avenue and Secor Road). Variances or a code change would be required. Councilwoman Timmy Weinberg, who lives in the area, asked the developer if he had met with the neighbors. He had not. The Town Board rejected the site and told the developer to look elsewhere.

Proposed Hotel - Route 119, Tarrytown. Attorney Mark Weingarten attended the October 5 work session to inform the Town Board about a proposal to erect an 84,000 square foot, 150-room-extended stay hotel at 600 White Plains Road (site of the former theater). The site is approximately 6.2 acres and previously received site plan approval for two office buildings totaling 334,000 square feet. The owner wants to reserve his right to build an additional 250,000 square feet of office space.

Nextel Law Suit. Federal court judge Charles Brieant is expected to rule in mid-November on the suit filed after the Zoning Board denied Nextel's application to erect antennas on the WFAS tower. Since the Town has such a strong case, we expect a favorable decision but hope the Town Board will appeal the judge's decision if it is adverse to the Town.

WestHELP Transition Committee. The 10-year agreement for this homeless shelter off Knollwood Road will be expiring in 2001. Supervisor Feiner has asked Alice Moroney to serve on a committee to study the conversion of the shelter to housing for seniors. It was noted that the committee was appointed almost two years ago.

"Alfredo's" - Valimar Development. Sewer pipes were observed sitting on top of the ground. Work may begin soon.

Drainage - Lawrence Drive and Virginia Road. Concern was expressed that correction must take place to address drainage problems in this area. With the development at the Alfredo's property, the area will become a "bowl" for all the water coming off Hillside Avenue.

FOWCAS - ART AUCTION. The "Friends of Wickers Creek Archaeological Society" are trying to raise funds to preserve this historical site. An art auction is planned for Sunday, November 21. Tickets to this fund raiser may be obtained from Donna LoPinto, Chairperson of the Fundraiser in Dobbs Ferry or from Francis Sheehan.

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