The Council of Greenburgh Civic Associations writes to the Westchester County District Attorney regarding Paul Feiner's political contributions.
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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS November 8, 2004 Jeanine Pirro, District Attorney Dear Ms. Pirro: On behalf of the Council of Greenburgh Civic Associations (CGCA), an umbrella organization comprised of 40 dues-paying civic groups located throughout Unincorporated Greenburgh, I write to request that your office open a formal investigation into whether Greenburgh Town Supervisor Paul J. Feiner broke any laws in connection with his political fundraising. The contributions at issue appear to have been raised in connection with a fundraiser for large donors that Mr. Feiner held on his behalf at Gregory’s restaurant in White Plains on March 29, 2004. The contributions were disclosed in a statement filed by "Friends of Paul Feiner" with the Board of Elections on July 15, 2004. Following a series of reports about these contributions in The Journal News and The Scarsdale Inquirer, this matter was discussed at our regularly scheduled monthly CGCA meeting on October 19, 2004. Greenburgh’s Code of Ethics specifically prohibits town officials from soliciting political contributions from "any party who has an application pending for a permit, variance, change of zoning, favorable construction of law or regulations or other material benefit not available as a matter of absolute right from the town…." It appears that several substantial contributions were solicited/received from persons (or their counsel) with applications pending before the Town. Questions have been raised about whether it is possible that what occurred exceeded a mere appearance of impropriety. One application was from a developer seeking a controversial permit to cut down trees. The Town’s "forestry officer" planned to grant the permit without ever having visited the site. The developer made a substantial contribution to Mr. Feiner’s campaign twelve days after neighbors filed an appeal of the decision of the "forestry officer" with the Town Board. After the appeal was heard – but before a decision was reached – the developer cut down trees. It is the perception of the neighbors that the Town did little to enforce the law or help them. In another instance, a developer sought approval for a subdivision involving a controversial "flag" lot at a time when the Town Board was considering amending the law to prohibit flag lots. Two weeks after the town’s Planning Board unanimously recommended banning flag lots, two partners in the law firm representing the developer made contributions to Mr. Feiner. Subsequently, a member of the Town Board loyal to Mr. Feiner had the matter taken off the Town Board’s agenda. As a result, the subdivision application was approved before the Town Board could act. Significantly, a member of the town’s Planning Board reportedly told The Scarsdale Inquirer that the Planning Board was being pressured to "fast track" the subdivision application. Another questionable contribution came from a law firm representing a developer seeking to purchase the former Town Hall building/property at a price many considered to be less than full value. At the time the contribution was made, Mr. Feiner was actively advocating a sale to the developer. Other questionable contributions came from:
Mr. Feiner was asked at the Town Board meeting on September 8, 2004 to return questionable contributions on, in effect, a "no questions asked" basis. He refused. Instead, he offered to write a letter to the Town’s Ethics Board to ask its opinion on the matter. As laudable as that approach may have been, Mr. Feiner waited nearly a month before sending the letter, and when he did send it, he was less than candid in identifying the issues. For example, he addressed only one of the contributions and insisted at great length that his conduct regarding that application had not been influenced by the contribution. Mr. Feiner also shifted responsibility for the March fundraiser from himself to the restaurant’s owner. He blamed all other questionable contributions on the results of mass mailings to thousands of prior contributors. Based on what we already know has occurred, we are troubled by Mr. Feiner’s response and concerned that his response could possibly be indicative of more serious misconduct. This is not the first time he has been accused of taking money from persons having applications pending before the Town. This is also not the first time the CGCA has raised concerns about this practice. (See attached copy of minutes of the CGCA meeting on December 15, 1998.) Our membership considers this matter sufficiently serious enough to request that your office open a formal investigation. We understand that another umbrella group – the Edgemont Community Council – has already made such a request of your office. We look forward to your prompt response. Sincerely, /signed/ Madelon K. O’Shea THE CGCA IS A NONPARTISAN, UMBRELLA ORGANIZATION FOUNDED IN 1955. THE PURPOSE OF THE CGCA IS TO PROVIDE INFORMATION AND ADVANCE THE COMMON INTERESTS OF MEMBER CIVIC GROUPS IN IMPORTANT TOWN AFFAIRS. |
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COUNCIL
OF GREENBURGH CIVIC ASSOCIATIONS 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 groups paid dues in 1998: Ardsley Estates Civic
Association *1999 dues have also been paid. Thirty-four associations paid 1998 dues and there is $650.08 in the treasury. September's minutes were read and approved. October's minutes were not available. November's minutes were not distributed. ANTENNA ADVISORY BOARD Nextel/WFAS. A standing-room-only turnout of residents heard the beginning of the Nextel/WFAS case before the Zoning Board of Appeals on December 10. At the hearing AAB Chairperson, Catherine Lederer-Plaskett, showed a videotape taken during a van trip through a portion of the Town identified on a map by Nextel, the cellular provider, as having poor cell phone transmission and reception - the so-called "white area." The video proved that cell phone transmission/reception is, in fact, very clear in the "white area." Catherine drove the van as AAB member Mary Tobias held a Nextel cellular phone, model i1000, used to call a phone in a residence that had a radio playing. Zoning Board of Appeals member, Francis Sheehan, rode in the van as a witness. The radio programming was clearly transmitted to the Nextel phone in the van during the trip; both Catherine and Mary identified streets and landmarks. At one point during the trip - on the WFAS parking lot, located in the "white area" -- Catherine also used the Nextel phone to call ZBA Chairperson, Robert Nadel. Reception was very clear on both ends. In fact, Mr. Nadel was heard on the tape commenting about the high quality of the reception. The Nextel phone was also used to make a call from Catherine's home - also in the "white area." Again, reception on both ends was clear. At 11:30pm, the Nextel/WFAS ZBA case was adjourned until January 28. So far no special hearings have been scheduled. 1998 Amendments. The 1998 Amendments to the Antenna Ordinance were submitted to the Town in August, but the AAB is concerned that the Town will purposely delay passage. While Supervisor Paul Feiner said he's not in agreement with "all parts" of the proposed amendments, he also admitted that he hasn't read the amendments yet. AAB members have tried unsuccessfully to have the Town Board schedule a hearing on the amendments. At the December 9 Town Board meeting a motion was made and seconded to schedule a hearing. Then Nextel attorney Robert Gaudioso objected (because of "a lawsuit"). The Town Board then made and passed a second motion -- without acting on the first motion - to postpone the hearing. The AAB continues to be concerned with Supervisor Feiner's ties to the cellular industry, and his campaign contributions from providers who have cases before the town. In addition, Mr. Feiner threatened to disband the AAB several times because of its insistence that no provider receive preferential treatment. There have also been rumors that the Town plans to hire a consultant to do AAB work in the future. Reappointment of Francis Sheehan. AAB members appreciate the CGCA's support for the reappointment Francis Sheehan to the AAB when his term expires on Dec. 3 1. Newspaper articles distributed. "Changes suggested in cell antenna law," David J. Glenn, The Scarsdale Inquirer, November 27...... "Feiner accused of helping donor," David J.Glenn, The Scarsdale Inquirer, December 1 1.... "Official accuses town of favoring lawyer," Jonathan Bandler, The Journal News, December 10. SUPERVISOR'S GOALS: SOME SUGGESTIONS Supervisor Feiner has announced that $5,000 of his salary in the coming year will be contingent on his successful completion of a number of goals. Since Mr. Feiner requested input from numerous quarters, the CGCA suggested the following goals (CGCA Chairperson, Danny Gold, will write a letter):
There was also agreement that the supervisor's salary should not be contingent on any involvement he may have with the Greenburgh Central 7 School District. CGCA members agreed that the supervisor's school district involvement should be as a volunteer only. PROTECTING THE BUFFER It was agreed that Town officials not make decisions where there are conflicts. A case in point is Town Engineer Brett Auerhan's decision to allow the buffer to be removed at Westchester View Lanes - a subdivision where Mr. Auerhan had been the developing engineer prior to his employment by the Town. Although CGCA member Carol Wielk had been assured earlier by Supervisor Feiner that the WVL buffer would be protected, it was removed. Carol distributed a December 9 letter from Mr. Auerhan. The CGCA agreed that because of Mr. Auerhan's previous involvement, he should have recused himself or been recused by the supervisor because of a conflict of interest. At a followup meeting Carol had with the supervisor last week, Mr. Feiner was dismissive and brusque. Numerous trees were also reportedly cut down on Hawthorne Way, which the Town said was acceptable because the property there is less than an acre. "THEY'RE DUMPING ON US." An article in December 11's The Journal News about a 2 1/2 story landfill dump on Leather Stocking Lane was distributed and discussed. A resident of the area made an impassioned plea against the dumping at today's Town Board work session. Town Engineer Auerhan approved the dumping without a permit, allowable under the law, he said, because the property is less than an acre. Neighbors have been in touch with the Department of Environmental Conservation because the landfill is not clean. In a similar matter, the DEC determined that polluted fill had been used at Worthington Ridge. The developer was fined. 9A MULTIPLEX A public hearing was held before the Town Board on December 9. There appears to be an insufficient number of parking spaces for the project, although no one is willing to admit it. The Town's Legal Department is looking into the parking issue. The record will be closed in January. The developer will comply with the Code with regard to lights: the height has been reduced to 14 feet, the maximum height permitted. There will be a total of 81 lights, with shadow boxes; there are currently only 7 lights on the property. An article in Sunday's The Journal News rated local theaters - and gave the Hawthorne multiplex (a "sibling" cinema) a poor rating for its limited parking. A December 9 letter from the law firm of Veneziano & Chapman responding to issues raised at the November 23 Town Board Public Hearing was distributed and discussed. Unfortunately, questions remain unanswered. MISCELLANEOUS Councilman Les Adler informed the CGCA that neither he nor members of his law firm have appeared before Greenburgh Town Court in the last 15 years. At the Council's November meeting, misinformation was provided implying impropriety in Mr. Adler's chairing a Town Justice selection committee. A letter of apology was sent. There was a discussion about Supervisor Feiner's constant attempts to influence various Town Boards. A traffic light will be installed on Route 119 near the new Bed, Bath & Beyond. Adult Use. Instead of addressing the issue, the Town Board recently passed another year's moratorium. Open space. The Master Plan meetings this fall were poorly publicized and attended. Phase 2 is expected to be over by the end of March. The Town's commitment was questioned. Volunteers Madelon O'Shea, Ella Preiser, and Carol Demas have taken representatives from Saratoga Associates on tours of Edgemont, North Elmsford, and Taxter Road. Millennium Pipeline. The committee seems to be moribund. Car repairs continue in Downing Hill area. Concern expressed about the Supervisor's time spent running for Congress. There was a discussion about taping conference room meetings, including those of the CGCA. The October CGCA meeting is currently being shown on public access TV, featuring Planning Commissioner, Stephen Lopez, and Town Attorney, Frederick Turner. Home Depot. May be on the Mt. Pleasant Planning Board's January or February agenda. 347 Central Avenue. The Edgemont community will be adversely affected by traffic generated from new apartments proposed for the area behind Treasure Island. On December 2 the Planning Board recommended approval of the project for 40 units (reduced from 47 proposed earlier). Supervisor Feiner has aggressively lobbied the Planning Board on behalf of the developer who now believes no variances will be required - even though the document submitted by the applicant indicates otherwise. Stickley Furniture. The issue has been put on hold because residents refuted Town Engineer Auerhan's statement that there are no flooding problems in the area. CVS. The company wants to build a freestanding facility at Routes 100A and 10013 (Dobbs Ferry Road and Hartsdale Avenue), and move out of the shopping center on Knollwood Road. Representatives were at the Town Board work session today. While the intersection would be widened, there are several new developments and proposals for the area that will drastically tax the roads. Supervisor's recommendation: Planning Board and ZBA meet more often to reduce backlog of cases. The CGCA urges that Town Board meetings be held in Town Hall, not in neighborhoods. Informal "neighborhood meetings," however, are encouraged. Planning Commissioner's November 23 letter to the CGCA regarding "the process" is inadequate. The meeting adjourned at 10 PM. |