COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – June 19, 2001
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 2001:
Ardsley Estates Civic Association
Beaver Hill Association
Broadview Civic Association
East Hartsdale Avenue Civic Association
East Irvington Civic Association
Edgemont Community Council, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Homestead Owners Corp.
Knollwood Manor Civic Association
Knollwood Neighborhood Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
Parkway Gardens Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Civic Association
The Cotswold Association, Inc.
The Sprain Road Association
Westchester Hills Condominium
Woodhill Civic Association
To date, twenty-one civic groups have paid dues for the year 2001 - twenty groups have renewed their membership and The Sprain Road Association has joined for the first time. There is $668.70 in the treasury. Chairman Danny Gold reported that he has begun making phone calls to those civic groups that have not paid dues yet for the year 2001.
Minutes of the May 8, 2001, meeting were read and approved with minor corrections that will be made prior to distribution.
CGCA members wished "A Happy Birthday" to:
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Lorrin Brown, North Elmsford Civic Association
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Mary Tobias, Westchester Hills Condominium
TAXTER WOODS/UNIFICATION CHURCH PROPERTY
Danny Gold reported that 100 residents attended his civic association meeting on May 24, 2001. Representatives from the Unification Church attended and informed the residents that the property will not be sold to Trion, the developer seeking to build a golf course, because Trion was unable to meet the financial obligations. Instead, the Westchester Land Trust and the Trust for Public Land has reached a verbal agreement with the church to purchase the 200 hundred acres of woodlands along Taxter Road as open space. The next step is to finalize the agreement and obtain an appraisal. Additional funding is being promised. To obtain federal and state funding there is a need to show community and inter-municipal support. Mr. Gold commented on the fantastic support received from the village of Irvington, especially Irvington Trustee Garrard Beeney Mr. Gold also noted that a very good interim presentation was given on the study jointly funded by the Town of Greenburgh, Villages of Irvington and Tarrytown and the Irvington School District. The final report on the inter-municipal study is due in July.
Mr. Gold stated that he is following the advice given by Richard Presser who successfully saved the Gaisman Estate. A local committee has been formed. They have a history of the land and are working on a name for the property. They also are preparing a publicity package and planning to hold a fundraiser at the Westchester Broadway Theater on September 10.
Mr. Gold noted the Town found Trion in violation of law for the environmental damage they caused digging test wells. Trion is required to post a bond of $150,000 to repair the damage and restore the land. Also, the agreement with the Unification Church required Trion to leave the property as they found it. Mr. Gold indicated that he sent a note to the Town, requesting that silt fences be erected immediately to stop any further erosion.
On a related matter, Mr. (fold reported that on June 28 a 15-acre park along the Hudson River in Irvington would be dedicated. Governor Pataki and other state and local officials will be attending. The park has a senior citizens center, ball fields, playgrounds, and is open to the public.
VARIANCES FROM THE MORATORIUM LAW
The agenda for the Wednesday June 13 Town Board meeting contained an item stating the Town Board was planning to pass a resolution to set a public hearing date for June 19 to consider five applications requesting waivers from the Moratorium Law. At the June 13 meeting, Madelon O'Shea, Ella Preiser and Francis Sheehan questioned the board members about why they were scheduling the meeting for June 19, the same evening as a regularly scheduled CGCA meeting. It was also noted that these hearings had obviously already been scheduled since the legal notices had already been published in the newspaper on June 8. Questions were raised as to when the board decided to schedule the June 19 hearings and if they had done so in violation of the Open Meetings Law. The Town Board appeared concerned about the controversy and voted to reschedule and re-notice the hearings for June 28.
Danny Gold reported that he received an e-mail from Broadview Civic Association President Robert Reninger, which noted that the Town Board's decision to reschedule the June 19 public hearing for Princewood and other applicants seeking relief from the moratorium law caused great inconvenience to Broadview and several other Greenburgh taxpayers. In his e-mail Mr. Reninger questioned why the CGCA had taken this formal position. Ella Preiser told CGCA members that she, Mrs. O'Shea and Mr. Sheehan did not suggest at the June 13 Town Board meeting that they were delivering a formal CGCA position to the Town Board. Instead, they spoke as individuals when they told Town Board members that it was insulting to the CGCA for the board to schedule public hearings on a matter as important as variances from the Moratorium Law on the same night that the CGCA meets.
Regarding the Princewood application, the Town Board is now entertaining a request to rezone the Alpine Tree property from commercial to residential. The applicant originally requested that the property be rezoned M-10 (multi-family, 110 dwellings per acre) and would not agree to any lower density. The abutting neighborhood groups, Broadview and Pondside, supported this request. The Planning Board expressed concern about traffic; and by majority vote recommended that the property be rezoned to M-6 (6 units per acre). This would reduce the number of housing units from 40 to 23. The applicant has now agreed to the M-6 rezoning. Before the rezoning can take place, the applicant must obtain a variance from the Moratorium Law
PROPOSED STEEP SLOPES AND WETLANDS LEGISLATION AVAILABLE
Allee King Rosen & Fleming (AKRF) have proposed draft legislation dealing with steep slopes and wetlands. Copies were faxed to interested parties last week and are available at Town Hall. CGCA members noted that they have not had time to thoroughly review the proposed legislation, but it appears to be a "cut and paste" job from another community. The Town Board has referred the proposed legislation to the Planning Board for its review and recommendation. To date the issue has not appeared on a Planning Board agenda.
It was noted that the Moratorium Law will expire on July 31, and it is unlikely that this legislation will be in final form to be adopted before July 31. CGCA members expressed concerns that the Town Board may try to rush this legislation through the process for political purposes.
PROPOSED NEW ZONING FOR EAST HARTSDALE AVENUE
AKRF has circulated proposed', legislation to rezone the "downtown" area of East Hartsdale Avenue. The Planning Board will hold a public discussion on this matter tomorrow (June 20). Concern was expressed about lack of formal notice to area residents about the meeting. It was noted there finally have been some changes requested by the community incorporated into the proposed legislation - including the deletion of arcades/game rooms from the proposed zone and requiring a special permit for health spas/gyms.
Deborah Bloom indicated that a number of people have indicated that they favor including health spas/gyms in the new zone although there are some concerns about whether there will be adequate parking. There is a reasonable amount of parking behind the stores, but people find it dirty, unappealing and inconvenient to access. It was noted that access can be gained to and from the parking lot through the bank on weekdays until 3 p.m. and through the liquor store every day except Sunday from 9 a.m. to 8 p.m.
CGCA members expressed concern about some of the uses that would be permitted including municipal buildings, parks and playgrounds and outdoor dining on sidewalks that are not uniform and not wider than ten feet. Questions were also :raised about why the zoning legislation should include information on design features, architectural guidelines, facade improvements, etc. It was noted that some of the proposed wording would create conflict within the Zoning Ordinance.
CGCA members noted that health spas do generate traffic. At the Town Board work session on June 11, during a discussion on the proposed redevelopment of the rug store and European Health Spa on Central Avenue, the applicant stated that because of the high volume of traffic a health spa generates, a new health spa would not be an appropriate use for the Central Avenue site.
ROUTE 9A HOMES & BUSINESSES FLOODED AGAIN
On Father's Day, June 17, homes in Babbitt Court and businesses along the 9A corridor in the Elmsford area were inundated with floodwaters. Warehouse Lane was flooded, and Route 9A southbound was closed for several hours. Supervisor Paul Feiner and Town Board member Diana Juettner briefly visited and viewed the Babbitt Court flooding. Town Board member Steve Bass and candidate Francis Sheehan also visited the site and waded into the water to speak with residents and to see first-hand the floodwater damage to their homes. Mr. Sheehan told CGCA members that residents suffered a tremendous loss, including personal items such as baby pictures. He mentioned that the dirty floodwaters contained not only debris but also an oil slick that covered the homes, and there was a heavy smell of gasoline, particularly in enclosed areas such as a resident's garage. He noted that this is a wonderful close-knit community that is tired of excuses.
On Monday, June 18, Supervisor Feiner held a meeting at Town Hall at 11 a.m. regarding the flooding. A number of residents and business owners attended the meeting and expressed outrage that nothing has been done to alleviate their concerns since the major flooding damage caused by tropical storm Floyd in September 1999. Questions were raised about why the 4 inches of rain that fell on June 17 caused so much flooding. Some people noted there was a great deal of debris in the river. Some suspected there was a connection between the flooding and the work being done by Westchester County at Macy Park. The Town said it will check this out. The Town has agreed to set up an automatic dialing system to give residents and business owners early warning about future flooding. The Town will also look into using some of the money (approximately $900,000) in the Tax Increment Financing (TIF) fund to pay for clearing debris from the river. The TIF district was established in the late 1980s. The increase in taxes that property owners in the TIF district pay when they make improvements to their property is set aside to pay for 9A road improvements and the Town's cost to dredge and re-channel the river in this area.
Ella Preiser, who attended the June 18 meeting, told CGCA members that notice of the meeting was not given to all area property owners - many who attended learned of the meeting from watching Channel 12 news. She also noted that the meeting was held in the Conference Room, which was too small to accommodate the number of'people who attended. More than half of those attending were forced to stand for the hour-long meeting and a number of people were standing in the hallway. She suggested that it was insensitive of the Supervisor and Councilwoman Timmy Weinberg to treat people this way, particularly those who have had to work so hard to salvage their homes and businesses.
Mr. Bass noted that today ':Gown Engineer Mike McGarvey and a person from the Westchester County Department of Public Works toured the Saw Mill River and Macy Park site- They found some debris and also some bridges that should be removed from the river. They are not sure that there is any connection between the Father's Day flooding and the work being done at Macy Park.
COUNTY APPROVES "RIGHT OF FIRST REFUSAL" LEGISLATION
CGCA Chairman Danny Gold attended the Westchester County Board of Legislators meeting on June 4 and on behalf of the CGCA, urged the board to approve legislation that would allow municipalities the "right of first refusal" to purchase county-owned land that is no longer needed for county purposes. The amendments passed unanimously; however, County Executive Andrew Spano is not happy with the legislation because it could. potentially result in municipalities interfering with county plans to have affordable housing built. Mr. Spano will sign the legislation but has asked that the board approve amendments that would protect the county's ability to advance county goals.
CGCA TO SPONSOR PRIMARY (DEBATE
It appears that there will be a September primary election for Greenburgh town offices. The Democratic Committee endorsed Francis Sheehan for a seat on the Town Board at its May convention. A petition is being circulated to put Mr. Sheehan's name and the names of other candidates endorsed by the Democratic Committee on the; ballot. A second petition is being circulated that includes incumbent Democratic board member Timmy Weinberg's name. A third petition is being circulated containing the names of Democrats Michael Lynch and Cliff Abrams. To date, there has been no information about whether the Republican Party, Conservative Party or other political parties are planning primary challenges.
The CGCA formally voted to hold debates for any political candidates involved in primary elections. The debate(s) will take place in mid to late August. Arrangements will be made with George Malone for live television coverage of the debate(s). Requests will be made to have the programs re-aired several times. It was noted that two years ago the Town did not schedule a fair time for the re-broadcasting of the CGCA debates and this was one of the issues discussed by the Greenburgh Campaign Finance Commission. CGCA members suggested that the Town's handling of re-broadcasts of the debates would be one test of whether the incumbents will support some of the recommendations of the Commission, issued in December 2000.
It is expected that rules for the debate(s) will be similar to those the CGCA promulgated for the September 1999 primary election debates. All candidates involved in a primary, who are certified by the Board of Elections by the date of the debate, will be eligible to participate. Rules will be formally adopted at the July CGCA meeting and sent to eligible candidates.
WATER FILTRATION PLANTS
Alice Moroney provided updates on the two water filtration plants under consideration:
Catskill/Delaware Water System. Although there is no final waiver on the filtration avoidance document, the New York City Department of Environmental Protection (DEP) has received permission to put the plans to build a filtration plant at the Grasslands Road site on the back burner. The Environmental Protection Agency has allowed the city to proceed with design plans to put an ultraviolet radiation plant at Kensico, the site of the former aerators that were closed about 30 years ago. The plant would be one story above ground and the rest below.
Croton Water System. Representatives from the DEP met with the Mount Pleasant Town Board regarding the possibility of building a filtration plant for the Croton Water System on the Landmark at Eastview property on the Mount Pleasant side of Old Saw Mill River Road. Two sites on the property are being considered - the first choice is at the intersection with Route 9A and the second choice is where Home Depot wants to build. Mount Pleasant officials were interested in how this 9-acre building would appear from the road. They also wanted to know how it would benefit the Town of Mount Pleasant. Since the site is below the town's water connections, the town would not be able to access the water filtered at the site. This was merely an informational meeting, and no decisions were made.
It was noted that representatives from the DEP also held an informational meeting with the Greenburgh Town Board at its May 22 work session. The Landmark at Eastview Greenburgh property is also being considered as a potential site for the Croton system filtration plant. Supervisor Feiner wants New York City to contribute funding for parkland if the Greenburgh site is chosen. He has also suggested that Greenburgh and Mount Pleasant should agree in advance to share the tax receipts if either community is chosen for the plant.
TOWN BOARD REMAINS SILENT REGARDING ITS TOWN HALL/LIBRARY RELOCATION EFFORTS
CGCA members noted that an editorial in the local paper stated that Mr. Feiner wanted to make a decision about the Town Hall/Library expansion/relocation before the election. It was also noted that a letter to the editor questioned whether the SCI building could support the load requirements for a library. To date, the Town Board has provided no answers to the numerous questions raised by members of the public. It appears that the report by Landauer has not been finalized but they will not give cost analysis. It also appears that the board has hired outside counsel to negotiate some matter regarding this subject and is seeking advice from other consultants. The silence from the Town Board does little but create more frustration.
At the May 23 Town Board meeting, Francis Sheehan asked board members questions about why the board had given out information that the current owners purchased the SCI building in December 1999 instead of August 2000. The board responded that Mr. Sheehan did not understand the difference between when a deed is signed and when the deed subsequently is recorded with Westchester County. Mr. Sheehan produced a copy of the documents that showed that the deed was signed on August 1, 2000 and recorded with Westchester County on October 3, 2000. Councilwoman Timmy Weinberg expressed anger regarding Mr. Sheehan's comments and walked out of the meeting. This meeting was videotaped but not broadcast live since the meeting took place at Anthony Veteran Park. When the meeting was aired on Channel 71 a week later, the entire public comment portion of the meeting was cut.
CAMPAIGN FINANCE REFORM
At the June 13 Town Board meeting, Town Board candidate Francis Sheehan announced that he would abide by the campaign contribution limits recommended by the Greenburgh Campaign Finance Commission (GCFC). He challenged the incumbent Town Board members to do likewise. He received a response that the board members were waiting to discuss the recommendations with Catherine Lederer-Plaskett and Harriet Leib who had co-chaired the CGFC.
Supervisor Feiner held a meeting today (June 19) with Ms. Lederer-Plaskett and Ms. Leib. It appears that little was accomplished at the meeting since Mr. Feiner did not ask questions about any of the issues that Town Board members had raised about the GCFC recommendations. He also did not want to discuss the recommendations of the GCFC but only his goal to put a referendum on the ballot. He indicated that he would ask the state legislature for a home rule to put a referendum on the ballot regarding contribution limits. He was advised that the CGFC gave a total report and that the co-chairs were not willing to decide that one piece of the report was more important than others were. Councilman Bass told CGCA members that the board had discussed this issue at today's work session. CGCA members expressed surprise that there was a work session (see item discussed below).
CGCA members suggested that the Town Board members are purposely stalling about taking any actions on the campaign reform recommendations until after the present campaign season. Apparently the Town Board doesn't want to create the more level political playing field called for in the recommendations. Mr. Feiner publicly announced for the first time, in an April 25 letter to the local paper, he would support the recommendation "that the operation of our cable TV programs be turned over to a nonpartisan, independent board." However, he apparently is unwilling to release the money to fund an independent board from the cable franchise fees. He also appears unwilling to follow the GCFC's recommendation for creating an independent cable TV board. Mr. Bass confirmed that Mr. Feiner again stated this position at today's work session. Another recommendation calls for fair and equal access to cable TV for all candidates. Francis Sheehan filed a formal request, date stamped by the Town Clerk, for a cable TV program over two years ago. To date, he has received no response to his request. CGCA members suggested that the Town Board members are not interested in campaign reforms. Their decision to create the Greenburgh Campaign Finance Commission appears to have been little more than an attempt to gain the imprimatur of prestigious groups, such as the League of Women Voters, the Brennan Center for Justice at NYC School of Law and the Michaelian Municipal Law Resource Center at Pace University for publicity and reforms the Supervisor wanted but didn't get.
On a related matter, CGCA members discussed the packet of letters sent in the CGCA mailing regarding the Journal News policy of allowing politicians privileges to write: "letters to the editor" more frequently than other citizens. Mr. Feiner wrote a letter on April 25, 2001, falsely accusing Mary Tobias of making inaccurate statements about him regarding campaign reforms. The paper published the letter although Mr. Feiner had previously written another letter three weeks earlier. The paper refused to print the response from Ms. Tobias about the untrue charges made by Mr. Feiner.
TOWN BOARD MISLEADS PUBLIC AND PRESS AND VIOLATES OPEN MEETINGS LAW ONCE AGAIN
CGCA members learned tonight that the Town apparently deliberately gave out misleading information to the public and press about today's Town Board work session.
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Residents who called the Town Clerk's office both yesterday and today were told that there were no issues on today's work session agenda that would be open to the public - only personnel and legal issues would be discussed in closed session.
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David Gottlieb, a reporter from the Scarsdale Inquirer, happened to be in Town Hall earlier in the day on another matter and Supervisor Feiner told him there would be an open work session. When Mr. Gottlieb arrived for the work session, he found the door close. He knocked and was told the board was in executive session. He took a seat in the auditorium and a few minutes later Councilwoman Diane Juettner came out and told him there would be no open session. Francis Sheehan stopped by Town Hall as Mr. Gottlieb, who was upset about wasting his time, was leaving the building.
CGCA members questioned Steve Bass about what had taken place at today's work session. He noted that the session was opened to the public at 3 p.m. then closed for executive session items and then opened again. Issues discussed during the open sessions include: campaign finance reform, flooding at Babbitt Court and setting dates for hearings for variances from the Moratorium Law. Mr. Bass noted that he was surprised that no members of the public were present a1: the meeting. An agenda for the work session that was left on the table indicated that the board had also called a special meeting and voted on referring two applications to the Planning Board.
CGCA members were not surprised to learn that the Town Board had once again violated both the spirit and the letter of the Open Meetings Law. However, they expressed outrage at the Town Board's deliberate actions of misleading the public and press. Chairman Gold was asked to write a letter to the Supervisor and Town Board members about this matter and send a copy to David Gottlieb.
PROPOSED LEGISLATION - POLICE BENEFITS
Police Chief John Kapica attended the June 11 Town Board work session to discuss pending legislation in Albany regarding benefits for police officers injured at work. The proposed legislation purportedly would extend to any officer injured on the job the additional benefits currently offered to officers injured during high-risk duty (e.g., criminal pursuit). Chief Kapica expressed concern that the legislation would be costly to taxpayers since injured officers could receive full pay, tax-free, and remain on the payroll until the mandatory retirement age of 70. He indicated the law could result in less policing and low police morale. Supervisor Feiner stated that the board would place the issue on the agenda for the June 13 Town Board meeting. Councilman Steve Bass asked to see a copy of the proposed legislation.
At the June 13 Town Board meeting, the board passed a resolution opposing the proposed legislation by a 4-0-1 vote. :Mr. Bass abstained from the vote because he had just received a copy of the proposed law and wanted the opportunity to learn more about it and hear from those supporting the amendment.
Ella Preiser obtained a copy of the proposed law from Chief Kapica. CGCA members noted that more information is needed before they would be willing to support/oppose the legislation.
MISCELLANEOUS
Correction -- CGCA Minutes. Carol Wielk, President of the Secor Homes Civic Association (SHCA), asked that the minutes of the CGCA meeting, held April 17, 2001, be corrected to reflect that copies of the SHCA state-funded Greenburgh Planning Procedures Case Study were sent by overnight mail (not regular mail) to State Assemblyman Richard Brodsky and State Senator Nicholas Spano.
Postage Increase. It was noted that effective July 1, the Postal Service is raising rates. The postage increase will impact the CGCA. The cost of the first ounce for a first class letter remains the same (34 cents), but the cost for each additional ounce will increase 2 cents to 23 cents.
Proposed Shopping Center - Central Avenue. Mr. Dilmaghani and representatives made a brief presentation to the Town Board at its June 11 work session regarding plans to build a 3 to 4-store shopping center on Central Avenue. The 4.3-acre site currently houses a rug store and the old European Health Spa. The property borders Edgemont School District property. Police will do traffic counts. At present, the application is being held up by the Moratorium Law.
DPW Garage Grand Opening. Several CGCA members attended the May 22 reception celebrating the official grand opening of the newly constructed DPW garage. It was noted that the new facility does not contain a lunchroom with sufficient space for the sanitation workers to sit and eat. Some men ate at a table that was set up in garage space housing trucks, and the employees' restroom off the main corridor had no door.
Town Planners Still Working Without a Contract. The Town Board reportedly is still negotiating a contract for planning services with Allee King Rosen & Fleming. The previous contract expired on December 31, 2000.