Edgemont Seeks Candidates for the School Board Nominating Committee
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The Edgemont Community Council ("ECC") is seeking Edgemont residents who reside in areas covered by the Northern Greenville, Southern Greenville and Central Park Avenue civic associations to serve as members of the School Board Nominating Committee ("SBNC") for the 2010-11 term. The ECC sponsors the SBNC, members of which interview and recommend residents for the annual election to the Board of Education. The SBNC consists of two voting members as well as up to two alternate members from each of Edgemont’s eight civic associations and one member from the high school student body.
This year, the Northern Greenville, Southern Greenville and Central Park Avenue civic associations have not elected SBNC members. The ECC believes, however, that having SBNC members from each of the civic associations is important, so that the views of a broad cross-section of Edgemont residents are included in the consideration of potential School Board candidates. Accordingly and pursuant to its by-laws, the ECC may select members to serve a one-year term on the SBNC from areas covered by civic associations that have not elected members.
If you are resident in an area covered by one of these three civic associations (please see the back inside cover of the blue book for the civic association boundaries) and are interested or know of someone who would be interested in serving on the SBNC, please contact Marc Ackerman at mackerman@omm.com or 914-472-1892. The strength of the nominating process depends on our community’s willingness to invest the time and effort to serve on the SBNC, and we encourage all residents to consider such service.
Candidate Bob Cohen Releases First TV Spot
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NYS Senate Candidate and Scarsdale resident Bob Cohen has released his first television commercial. Scarsdale residents will recognize the setting in Scarsdale Village and see many familiar faces in the spot that will air on cable TV in the 37th Senate District. Cohen has already raised $260,000 in his effort to unseat State Senator Suzi Oppenheimer who has held the seat for 26 years.
Cohen contends that state spending is out of control, property taxes are sky high, and New Yorkers need opportunities to return to work. See the commercial here: http://www.youtube.com/user/BobCohen2010 and visit his campaign website to learn more.
Greeburgh Police Chase and More
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Police Chase: Police received a report of a shoplifter at Rite Aid on Central Avenue around 9 pm on August 17. According to the report, a large black male had exited the store with several stolen items in a blue backpack and fled on foot towards McDonalds. Police spotted the man across from McDonalds and chased him over several fences and onto the rooftop of an abandoned structure. Police ordered the man to get down from the roof, and when he refused, they shot him with a Taser gun. The gun missed the suspect, but he did jump off the roof and was intercepted by police. Swinging his arms violently he refused to put his hands behind his back. Officers shot him with the Taser again, but he continued to struggle. Finally police caught the man’s hands behind his back and he was placed under arrest.
The suspect then admitted to the theft saying, “yea I know I got caught boostin it, I was gonna sell it for a bus ticket to Cleveland.” Vernon Hall, age 43 of Fisher Avenue, White Plains, was positively identified by a Rite Aid employee and was booked and processed for possession of stolen property and resisting arrest.
Smash: A 71 year-old New Rochelle women drove her 2010 BMW into the front window of Harmon Discount Cosmetics at 165 South Central Avenue on August 18th. She claims she was parking in the lot in front of the store when the car “got away from her.”
Tires Slashed at Scarsdale Golf Club: an employee of the club, who had parked in the club lot on 8/16 found that three of his tires were slashed. The Mount Vernon man had no idea who might have done the damage.
Harassed: On August 17, the manager of Planet Fitness on Central Avenue reported that she was receiving threatening text messages from an employee that she had fired. The messages said, “you better watch your back” and that he was going to “get you fired.”
Lost and Found: A Riverdale boy left his Nintendo D.S. in California Pizza Kitchen on August 19th. Shortly after leaving the restaurant he remembered it and his mother called CPK to ask them to hold it for her. However, when they returned the restaurant manager told her it was gone.
A bag of marijuana was found in the restroom of Red Lobster on Central Avenue on Monday August 16th.
The property manager for the Central Park Dance Studio found graffiti that read “God 26” spray painted on the back of the building on Friday 8/20.
Angry: An unhappy customer at Men’s Warehouse on Central Avenue made a scene when he was unhappy with the alterations to his tuxedo on 8/19. The store employee called the regional manager but the man was not satisfied and became irate. Police arrived and helped the man calm down and come to an agreement with the store.
Animals: A complaint was received about a barking Rottweiler at 3:30 am on August 21. Police found the dog in the yard of 382 Ardsley Road but were unable to locate the dog’s owner. A town summons for loud and habitual barking was issued to the residence.
A Sherwood Road woman returned home on Friday 8/20 to find a sick cat on her doorstep. As the cat’s owner could not be found, the cat was transported to the New Rochelle Humane Society.
Trustees Ponder Driveway Lease for Tavern Owners
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The Trustees Law Committee met early Tuesday morning August 31 to review community comments on the proposed lease of the village-owned driveway of the Heathcote Tavern parking lot to building owners Frederick Fish and Stephen Odor.
The developers have leased the restaurant to parties who plan to open an Italian restaurant, Apulia II on the site of the former Tavern. However, without the right to use the driveway, there would be no access to the parking lot, so both the Village and the developers are eager to come to an agreement.
At an August 9th meeting, members of the Heathcote Five Corners Coalition charged the committee with being secretive in their negotiations, but this meeting was more cordial. The Coalition had reviewed the proposed lease and sent comments to the Trustees for their consideration. The Coalition’s goal is to prevent Fish and Oder from developing their property and using the Village's land without coming back to the Village for approval. The Coalition's analysis of the current draft of the lease revealed that the developer would be able to expand the use of the property beyond its current scope.
Peter Gordon, an attorney and member of the Heathcote Five Corner’s Coalition assured the Trustees that the Coalition believes it would be advantageous to have a restaurant on the site and agrees that that the developer has a right to make use of his property. However, he believes that this new lease should not allow Fish and Oder to further develop the property, in a similar manner to what was proposed in 2009.
Gordon felt that there were glaring deficiencies in the proposed lease that would allow the developer to exploit loopholes and use the Village's land to expand the Tavern building or otherwise develop the property. He asserted that the lease needed to be well drafted and tightly written to prevent Fish from proposing one plan now and reinterpreting the text later on.
Larry Bell, another member of the Coalition thanked the Trustees for inviting the group to the meeting and considering their comments. However he felt that they were invited in too late in the process, after the proposed lease had already been sent to Fish and Oder. Echoing concerns from the August 9th meeting he said, “We were invited in at the very end, when it was too late to consider substantive changes to the lease.”
His wife, Janet Bell urged the Board to proceed with great caution and to serve as guardians of the village for now and the future. She told the Trustees that these same developers had added a top floor and a penthouse to a project in New Jersey that violated local height restrictions. Ultimately they had to tear off these top two stories.
Mayor Carolyn Stevens defended the Trustees, telling Larry Bell that the public was notified about all meetings and “did not need a personal invitation” to attend. She said, “to criticize the process is extremely unfair.” In an effort to mediate, Trustee Toder said, “In retrospect, perhaps we could have done more.”
Stevens assured the Coalition that they share a common goal with the Village, which is to keep the property viable so that the developer does not want to tear it down. Despite differences in language she assured the group that the Village and the Coalition were in agreement on the intent of the lease.
The proposed lease requires Fish and Oder to pay the Village $15,000 per year for use of the driveway for an initial term of five years. After 2015, the lease will be automatically renewed for one-year terms until 2025, provided the property is leased to a full service restaurant. The Heathcote Coalition has proposed the addition of wording to the contract that gives the developer use of the driveway, only if the tavern building includes an operational restaurant, cocktail lounge and offices “that is comparable in size to the restaurant, cocktail lounge and office space operated there prior to April 2010. “ This would prevent the developer from building apartments, additional parking and more offices without coming back to the Village for permission.
At the close of the meeting the Trustees thanked the community for their input and agreed to review the Coalition’s proposed changes to the lease.
What Does the Fortress Bible Church Ruling Mean for Taxpayers
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A recent court decision found that the Town of Greenburgh had violated the rights of the Fortress Bible Church in denying them approval for an application to build their church in Greenburgh. The saga spanned twelve years, starting in 1998 when the Church purchased property on Dobbs Ferry Road. Attorney Robert Bernstein, President of the Edgemont Community Council has been following the case and answers some questions below about what this ruling will mean for Edgemont and Greenburgh residents:
Question: The trial was held in June 2007. Why has it taken so long for the ruling to be issued?
Answer: Judge Robinson has had a reputation for taking his time issuing opinions, and three years is generally considered a long time. However, this was a bench trial that Judge Robinson presided over, and he made it clear on the record when the trial ended, and when final papers were submitted in June 2007, that he intended to rule against the Town. When a judge delays the issuance of a opinion where the result is a foregone conclusion, it is usually because he hopes the parties and their counsel will get the message and settle the case pronto. That, however, never happened. During the entire three-year wait for Judge Robinson's opinion, I am told that the Town never once engaged in settlement discussions. When Judge Robinson announced last month that he would be stepping down from the bench on August 11, that should have been an obvious sign once again to the Town to get this case settled, or face the wrath of a judge who made clear three years ago he would find against the Town.
Question: What did the court find?
Answer: The court charged the Town of Greenburgh with violating the Church’s first amendment rights of free speech, free assembly, equal protection and due process. They also found that the Town had discriminated against the church under the Religious Land Use and Institutionalized Persons Act or RLUIPA. The judge cited the Town for “"intentional delay, hostility and bias towards the Church's application.”
Question: How much does the Town owe the Church?
Answer: The Church must submit a new damage estimate consisting of (1) increased construction costs as a result of the Town’s delays – which could mean delays of as long as ten years; (2) increased traffic improvement costs as a result of the Town’s delays; (3) reimbursement of excess fees charged by the Town; (4) consultant fees; (5) attorneys fees for the Town’s having violated the Open Meetings Law; and (6) costs incurred as a result of the litigation, which could include millions of dollars in legal fees.
Question: Who will pay the estimated $4- $5 million in damages to the Church. Does the Town have insurance?
Answer: Taxpayers, not insurance, are expected to foot the bill for these millions of dollars in damages because the Town’s insurers notified the Town that they would not cover any finding of intentional violations of federal law. All of the findings today involve intentional violations of federal law. Specifically, the Town and Feiner were found liable for violating the Church's rights under the First Amendment's "free exercise" of religion clause, as well as the equal protection clause of the Fourteenth Amendment.
Question: Do you believe the Town could win an appeal?
Answer: In my professional opinion, the Town has virtually no chance of winning on appeal -- the factual findings are just too damning. In addition, interest will continue to accrue on the amount awarded while an appeal takes place.
Learn more on the Edgemont Community Council website:
