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October 27, 2006
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Trustees Question Process After Fence Vote
By Stephanie Mariel Petrellese

The Garden City Board of Trustees voted not to award a bid to install an ornamental fence along Stewart Avenue on the St. Paul's property at its October 19th meeting. Deputy Mayor Peter Bee, First Deputy Mayor John Mauk and Trustee Robert Rothschild voted for the fence, but it was opposed by the remaining five trustees.

However, it was the vote taken at the Sept. 14th Board meeting, where trustees voted 6 to 2 to refer the matter back to the property owners' associations to see if they approved of the black, estate-style fence even though the POAs had already reviewed the issue, that generated the most discussion.

Trustee Rothschild, who serves as board liaison to the Recreation Commission and voted (along with Trustee Bee) against sending the issue back to the POAs at the Sept. 14th meeting, spoke out against the vote. "Where do we draw the line of the Board of Trustees finally stepping to the plate and making decisions based on all the facts and figures and information before us?" he asked. "If we are always going to throw things back to the POAs a second and third time until we get the answer that you trustees and a few others may like, I think we have a real problem with our process."

Trustee Rothschild said the Recreation Commission did not take a revote since they agreed there was no reason to readdress the issue.

Trustee Mauk expressed regrets that he voted to send the issue back to the POAs at the Sept. 14th meeting. He said it was wrong to refer it back to the POAs and that trustees should have taken a vote. Mauk said he did not think the fence would make a big difference in the community either way and dismissed past arguments from some residents that the fence would be outlandish and dramatically alter the character of the community.

Mayor Gerard Lundquist acknowledged that he was uncomfortable with the "painfully long time" it took for trustees to make a decision on the fence. He reminded the public that the Board and Recreation Commission had to follow protocol and that the Board was not obligated to follow the Commission's recommendation.

The issue dates back almost exactly two years when the project, which at the time also consisted of a walking/jogging path, was scheduled to go out to bid. Over the next year, the Board met overwhelming opposition to the path from residents and eventually decided to drop consideration of the issue.

The need for a fence was also debated at the time, with some residents calling for shrubs. The fence style also caused some controversy as some residents claimed the black, 4 1/2-foot high estate-style fence recommended by the Board of Commissioners of Cultural and Recreational Affairs looked like a cemetery. Brick pilasters measuring five feet tall would be situated every 150 feet, with two at the main entrance.

According to Kevin E. Ocker, chairman of the Board of Commissioners of Cultural and Recreational Affairs, the commission did seek input from the public and POAs before making their recommendation. The Recreation Commission contends that the fence is needed for safety reasons to prevent children from running into the street and to serve as a hindrance to vehicles that may accidentally veer off the busy avenue.

The Village had planned to take advantage of a grant procured by Senator Kemp Hannon to install a fence along the St. Paul's property. The grant is from money made available to legislators to distribute as part of the Community Capital Assistance Program. It is a reimbursement grant, so the Village would have to lay out the money for the fence and then submit the appropriate forms to receive up to $90,000. The bid that the Board voted on last Thursday was for a total of $83,500.

"We are checking once again on the feasibility of using the funds for something other than structural fence, but at this time the Village has no plans to plant a shrub barrier along Stewart Avenue at St. Paul's," Ocker told The Garden City News in an e-mail after the meeting.

After the vote, Trustee Rothschild addressed his comments to the POAs. "I am a great proponent of the POA system. After the vote, I have moved on. But as far as I am concerned, it's now back in your court. You have to go back to your Recreation Commission representatives and tell them what you want to do. Now you need a vote: do you want nothing, do you want to go with the snow fence, do you want green barrier?

"This Board should have voted on it. We should have known what the POAs wanted and voted on it, not wait another month and throw it back in your lap. You better tell us what you want, or you are going to be unhappy with what happens."

Robert H. Stark, Jr., president of the Eastern Property Owners' Association, clarified that his POA was always against the fence. "I do not wish to have any of the residents...think that we are working against each other when in fact we are working together for the common good of this community," he said.

The Western POA and Central POA were also opposed the fence. According to Trustee Mauk, who serves as trustee from the Estates section, the Estates POA was in favor of the fence if there was no opposition.


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