Zoning Allows Adaptation

To the Editor:

As properly practiced in cities and counties across the country, zoning is intended to protect property and to ensure that scarce land is used for the best purposes.

This means the use should be appropriate for the site itself, and take into account the concerns of neighboring properties, the community as a whole and the entire region. Zoning can properly be used to block change but can also be properly used to allow the changes every community needs in order to remain vital. If there are serious questions about the impacts on affected properties, environments, and human populations, they should be objectively identified and mitigation measures taken to reduce those impacts. If the mitigation measures involve payment of cash to finance infrastructure, buildings or services, this can be perfectly logical and legal. However, such payments should be (1) open and transparent to all, and (2) be used for what is clearly a public purpose.

Zoning isn't just to halt change; it's to allow our cities to adapt and make them more livable.

Don Skinner, AICP

Facts Please

To the Editor

It is with great interest that I read in the Garden City News of the proceedings which took place at the Trustees meeting on February 7, 2007. Sadly I am very surprised to learn that only a few in this Village questioned those statements made that evening to the Trustees by a resident who represents the Committee to Save St. Paul's. I think it is vital that information presented in a public forum be accurate, and not misleading.

First, regarding the comment that CB Richard Ellis Global Real Estate Securities purchased the common stock of AvalonBay "by the bushel". They in fact are in good company. This action comes as no surprise to sophisticated investors involved in the stock market. What was not stated at that meeting was that on January 9, 2007, AvalonBay common stock became a new security included in the S&P 500 index. A more careful review of the 8K Securities and Exchange Commission filing by AvalonBay dated January 8, 2007 reveals this information in great detail. This information was readily available to any investor interested in the components of the S&P 500. Therefore, following that date any equity portfolio that is managed to mimic the S&P 500 would be well served in purchasing AvalonBay stock.

So the very simple question now is should all of the residents of Garden City who own directly or indirectly in their portfolio the S&P 500 index be removed from any decision making regarding St. Paul's?

Second, regarding the statement that Avalon Bay reported in an SEC filing that a property in development was located in Garden City. Yes this is correct also. But not stated was that the S 8 document in question (which is a requirement for all publicly held companies reporting significant events), had the exact same information reported one year earlier. The S8 filing in both years represented AvalonBay's report on their annual financial results. So why did it take the Committee to Save St. Paul's one year to state this fact?

For those who truly are interested in researching AvalonBay, their investment portfolio of real estate, and plan for the future you can do so via the Internet at the web site labeled www.sec.gov. I strongly encourage residents who speak to the Trustees in a public forum to do their homework before making statements that exclude information which may lead to a different conclusion.

As Sgt. Joe Friday in the old TV Series Dragnet would always say: "Just the facts m'am"

Matthew R. Cody

On Ethics

To The Editor:

The recent disclosure of Gov. Spitzer's escapades is an excellent example of why Federal, State and Local government must be constantly monitored Gov. Spitzer came into office as an advocate of the highest forms of ethics. We know now that it was all a charade.

The recent article in the Newsday relating to Garden City will be the subject of one of my future letters if publish to the Garden City News was the three man committee formed to audit village expenses aware of any of these occurances or is it fairer to say that monitoring government is the job of every citizen?

While Mr. Mauk has resigned from the St. Paul's committee, he has not resigned from the Ethics Committee shouldn't he? I think so! What do you think?

Joseph A. Calamari

PS I have been informed that the Village of Garden City Code of ethics which in my opinion had "no teeth" was amended in February 2007. No where was this published. Nor is the membership of the Ethics Committee. I had to call to find out who they are. I am for the informal that the Code of Ethics adopted by the Village of Lynbrook which is an excellent one and which was submitted to the WPOA is now being studied and will be discussed with other POAs in the near future together with modifications thereto. What comes out of it, if published, will be interesting for all citizens to observe.

A Process For Conflicts

To the Editor:

I attended the Village Board of Trustees meeting on March 13, 2008 and there was a discussion item on the agenda related to the topic of conflict of interest and a provision within the Village of Garden City's Code of Ethics on how to address these issues. Questions from the public that night related to the potential conflicts of some trustees on three issues: St Paul's, the Verizon cable contract, and the Village of Mineola's Winston nine-story apartment building project. The Code provides for a Board of Ethics to address these issues yet it has been rarely utilized. There was a request that the Board of Ethics be used to address these issues and this led to a two hour discussion at the meeting. Based on further interpretation of the Code relative to conflicts provided by Village Counsel, it became clear that there is not a sufficient mechanism for the satisfactory resolution of these issues.

Counsel's legal opinion was that the Code, which is based on New York State Law governing conflict of interest, does not permit anyone other than the individual with the potential conflict to seek the advice of the Board of Ethics. This provision in the Code seems to be out of sync with the prevailing climate of heightened scrutiny in this area and limits the ability to fully identify and review potential conflicts. It was noted by some trustees that in many instances there has been consultation with legal counsel with respect to potential conflicts but that the Board of Ethics, the forum for addressing such matters as outlined in the Code of Ethics, has not been utilized for this purpose. During the discussion, several trustees indicated a willingness to support a standard in which the Board as a whole, individual trustees, or village staff have the ability to request advice from the Board of Ethics on potential conflicts, and that the decision to request this advice not be solely determined by the individual with the potential conflict.

I urge our trustees first, to utilize the Board of Ethics which is the only current process available within the Code for seeking advice on the potential conflicts that have been raised. Second, the trustees should move swiftly to modify the Code of Ethics to allow referrals by the Board, any trustee, or village staff. This expanded process for review by the Board of Ethics would relieve the burden on individual trustees as there would be a formal process for review, it would eliminate or at least minimize the pursuit of unfounded accusations, it would reduce the confusion and distraction that has attached itself to so many important Village issues, and it would provide an added assurance to Village residents that these issues are being addressed through an open and transparent process. I hope we can find a way to move the Village forward with a focus on the important issues facing us, and not on the people involved in decision-making.

Donna M. O'Brien

Good News

To the Editor:

I was thrilled to read in The Garden City News edition of Feb.29th that the Mayor's Committee Chairman on St. Paul has resigned. I really don't know if it is a coincidence or not but the final results in the last meeting of the Committee, made me very, very happy. In my letter 'Behaving Badly' published on Feb. 22nd, where I urged to stop the bickering, accusations, finger pointing, mistrust, politics, etc., I suggested that Mr. Mauk the then Chairman, should immediately resign in light of the published disclosures that his employer CB Richard Ellis had financial ties with Avalon Bay the recommended developer for St. Paul and who Mr. Mauk continuously and very vigorously defended and recommended as the best developer for the St. Paul's project.

In his letter of resignation, Mr. Mauk denies any knowledge of this financial relationship insisting that he only learned of it very recently and that after all, CB Richard Ellis financial ties with Avalon were insignificant, a mere $29.8 millions. If that amount of money seems to Mr. Mauk as peanuts or play money, perhaps we, the residents should be taught and learn the principles of economics. To me, it is a very substantial amount.

I am also thrilled to learn that Second Deputy Mayor Thomas Lamberti whom I strongly recommended in my letter, has been, in lieu of, the new Chairman. I don't know this gentleman personally but from what I heard and read, I have complete faith and confidence in his abilities and dedication to this project, the best interest for the Village and its residents. Time and again, he has clamored and insisted for full transparency, information and participation of ALL the residents. Last but certainly not least, I just read in the paper the full page advertisement of Avalon Bay where among other things, they mention that they have the financial resources needed to save and preserve the Main Building at St. Paul 'without major taxpayers expense'. To that, I say 'Thank you Avalon Bay but no thank you'. We just don't need any more taxes ! In closing, and once again, Congratulations to Mr. Lamberti and to the residents of the Village for the victory. Now, let's proceed with mindful work and tangible results. Thank you !

Antonio Moreno

Tired Of Attacks

To the Editor:

As an observer at nearly all meetings of the Board of Trustees for many years, I am constantly saddened and frustrated having to sit there meeting after meeting, and listen to a few people, who bring others with them and who have their own agenda, pointedly go after certain members of the Board of Trustees.

Every member of the Board of Trustees is a volunteer. They each give countless hours of their personal and work employment time to do the business of the Village because we elected them to do that. The constant harassing and personal attacks on specific trustees is totally unnecessary and absolutely wrong, in my opinion. If they sit there and say nothing, they are criticized. If in frustration, they speak out, they are criticized. Why would anyone want to volunteer his or her time when they are criticized no matter what they do. It should cease and desist if we want to have good people willing to serve on the Board of Trustees in the future. People can agree to disagree. They don't have to make personal attacks and look for the warts.

At the last board meeting, from 8 o'clock until 9:45, the entire time was spent talking about codes of ethics and conflicts of interest pointed specifically at Trustee Mauk and Mayor Bee, even though it was pointed out by counsel that neither of them has acted outside of the present code of ethics which is similar to what other villages operate under.

Trustee Mauk wrote a letter to the Garden City News a couple of weeks ago answering the possible conflict of interest charges Mr. Keating made at an earlier meeting about his employer and AvalonBay and the insinuations that came with it. It became news in the papers, and it brought a few more people out at the following meeting. He resigned as chairman of the Mayor's Committee on St. Paul's, not because he has a conflict of interest, but because he has become a lightning rod for some people. He wanted to get the focus off of him so the Mayor's Committee on St. Paul's can do its job.

The results of the election on Tuesday was refreshing to me. There was a major and secret effort to oust John Mauk as a Trustee. It showed me that the residents are getting tired of this, and they are figuring it out themselves.

Every person on the Board of Trustees is a person of high integrity. That is why each POA nominated them in the first place. Not one of them deserves to be personally attacked. I don't think the public deserves it either.

Jerie Newman

Irreversible Course Of Action

Printed By Request:

The Honorable Mayor Peter Bee & Trustees

Gentlemen,

The last several Village Board meetings, as well as the Estates POA meetings, have been very frustrating to attend. They failed to address the singular issue that is clearly on the mind of everyone in attendance-St Paul's. Contrary to the Board's belief, this isn't about them, this isn't about perceived conflicts of interest, and this isn't about a few "contrary" residents not getting their own way. This is about giving away a valuable piece of property to a developer, without the endorsement of its owners: the citizens of Garden City. We can debate the numbers all day long since they change almost weekly. We perceive that we are about to be embark on an irreversible course of action and we call upon our Village Officials to reconsider their position regarding the development of high density rental (not condominiums as many have been led to believe) housing at St. Paul's. A few key points...

·With overstressed schools, can we afford an influx of children? Other communities such as the one located in the Half Hollow Hills Central School District have been forced to add trailers to accommodate the influx of children from AvalonCourt. While that project is admittedly slightly larger in scope, the issue remains daunting;

·There is a bi-partisan bill (S 6823), which is positioned to pass in Albany (despite the strongest assurances from Village Council and several Trustees that it doesn't exist). This legislation not only exists, but it is the pride of our legislators and virtually certain to pass. AvalonBay is aware of this legislation and has publicly stated at the March TMA meeting that they will look into utilizing this legislation when it goes into effect on January 1, 2009. This legislation allows developers to supersede local zoning and increase density-hence the scope of the project inevitably increases and our Village will be powerless;

·The plans for this rental development have already changed several times since the initial presentation to the Village and the scope of the project has been expanded to off-set the developer's costs. Thus, profit margins for AvalonBay are seemingly unaffected;

·AvalonBay is projected to make hundreds of millions of dollars in rental income over the course of the 99-year lease while receiving tax credits. What does Garden City get? A one time, one million dollar payment, unsubstantiated PILOT payments and the suggestion that the Village could rent a small "community space" in the basement of the main building. While we have no doubt that advocates for AvalonBay will debate the figures, our own conservative calculations (according to numbers published in Newsday, 11/12/07) suggest that the developer will recoup their investment in less than 10 years. We certainly appreciate that AvalonBay is not doing this for the greater good of our community and they are in business to make money; however, the residents of Garden City can ill-afford this arrangement.

·A recent rendering from AvalonBay showed upwards of 62 rental units in the main building and as many as 37-55 rental units housed in 4 story town-homes along Rockaway Avenue-and yes we know the 4 stories are slightly lower than the main building but they are still 4 stories tall. It really doesn't matter.

In a time when green space is precious, why are we in such a hurry to give it away? Living in Garden City is a privilege and should be treated as such. The honor to develop in our community should cost the developer as much as this privilege affords. We don't take it for granted: do you?

The Andromidas and

McNelis Families

Consider Water Works Bldg.

To the Editor:

The following letter, which was recently sent to the Board of Trustees, might be of interest to the residents:

"The property owned by the Village north of Eleventh Street between Cherry Valley Ave. and Golf Club Lane includes a building even older than St. Paul's. The Water Works, built in 1876, predates St. Paul's by seven years. In addition to this building the Village-owned property includes the Historic House, the Senior Center, and the Water Department building, covering an area of approximately 5.6 acres.

The main Water Works building measures 42x86 feet and includes two 30-foot high rooms of 1932 sqft. and 1680 sqft. (measurements approximate). On the west side is a one-story wing of 28x42 feet with 1176 sqft space. If the space in the main building were to be converted to two stories, a total of 8400 sqft. could be realized. At present the main building is not being used at all and the west wing is used as meeting space by the Auxiliary Police. The building has its original windows and doors. It is heated and maintained by the Village.

Acquisition of part of the St. Paul's space for public use will require renovation expenses and also an annual fee. It will be a difficult accommodation, especially if the chapel area is included. Rather than pursue that plan, the Village should concentrate its efforts and finances on converting the equally historic Water Works building for public use as meeting rooms. If desired, the building could be expanded to the rear. The property has ample room for parking, is centrally located, and, although easily accessed, is buffered from the adjoining neighborhood. It already has the start of a community complex with the Historic House and the Senior Center

It is worth considering the future relocation of the Water Department operations and garage to the Municipal Yard by construction of a new building at that location, thereby consolidating municipal operations. That could allow the renovation of the present 17,000 sqft Water Department building for resident use as a form of the recently-mentioned Sports Complex, including perhaps a pool.

The use of the Water Works building should be explored at your earliest opportunity, so that the discussions with AvalonBay for St. Paul's can proceed without being burdened by the public use requirement. At present the residents have no knowledge of the Water Works building and surrounding area. A presentation of its possibilities can show that a true centrally-located multi-use complex on ample property can be made available for the Village.

Bill Bellmer

"Say It Ain't So"

To the Editor:

John Dell'Olio, a Garden City resident and long time coach of Garden City schools was relieved of his lacrosse coaching position after coaching for 27 years. The administration informed him of their decision the day of his first team meeting. How professional is it to tell a person who has given you all these years of service that he can no longer coach his team on the day of the meeting. Additionally, Ed Phillips, who has coached in Garden City since 1965, stepped down in solidarity with Dell'Olio in response to the way the administration handled the coach's release. In a school district of "what have you done for me lately?" does this really surprise anyone? Any athletic director, principal, superintendent, should be elated to have mentors/coaches like these two men. What kind of bad judgment was this? Obviously, it was bad enough that one of Garden City's finest teachers/coaches, Ed Phillips, would resign after 43 years of tutelage. I'm sure if he felt the move was deserving he would have acted differently.

John Dell'Olio, has four children who all graduated from Garden City High School. Three of his sons played college lacrosse: Peter at North Carolina, John (Principal in the Bellmore-JFK School District) at Adelphi, and James (who served two tours of duty in Iraq and teaches at West Point) at Army. These are pretty good schools and where did they first learn to play? You would need a calculator to add up all the kids that these two men weaned through the middle school preparing them well within the varsity system. With a middle school lacrosse coach's salary at about 3,500 dollars, who do you think you are going to get to come for a job like this and stay for more than one year. So lets get the revolving door going!

These gentleman were fixtures, parents knew their children were in sound hands learning life lessons both on and off the field. As a physical education teacher and coach myself, we were always taught that sport is a reflection of life. These coaches prepared these young men exactly for that. This is not a knock on any coaches that they are looking to hire, but these guys are pillars of the Garden City Lacrosse Community. There have been strange firings in the past few years in Varsity basketball, JV Baseball, and Middle school lacrosse and the common denominator seems to be the same board member. This member loves to manipulate coaches like they are playing chess on their "game board of education." It really is hard to find people who put themselves into these positions without their own vested interest. I coached for twenty years at Garden City with great administrators: Joe Prusan, John Okolski and Bob Allen, and things were great. Well for all you young couples moving to Shangri-La, be careful for the times they are a changing.

Ed and John: thanks for the memories. You guys will always be remembered by the players you coached and that is all any coach really would care about. Players always told me how much fun they had and how much they learned from you as their coaches. I think we deserve a better answer from the administration but you know we will never get one.

Doug Dwyer

Cannot Sponsor Pool Party

To the Editor:

For many years, the Garden City PTA has sponsored several events for the graduating class of Garden City High School. These events--namely the 12th grade party/skit night, the Adelphi graduation dance and the pool party at Community Park--have become traditions in our village providing not only wonderful memories for our young people, but also a welcoming environment for them to celebrate the milestone of high school graduation. Thus, it is with great sadness that I must announce on behalf of the PTA executive committee that we are no longer able to sponsor the graduation night pool party. Newly revised rules of the National and New York State PTA organization and the risk of liability for potential injury, exposure to lawsuits and personal liability preclude Garden City PTA from supporting this event.

As a local unit chartered by both the National and New York State PTA, Garden City PTA is required to adhere to the "Purposes and Basic Policies of PTA". Our bylaws must conform to the policies of the National PTA and New York State PTA and must be approved by the state bylaws chairman. One of the benefits of the PTA charter is the ability of local units to participate in the New York State PTA General Liability, Fidelity and Crime insurance program. The purpose of the liability policy is to protect the PTA's, including all volunteers, from third party claims and lawsuits alleging negligence. While PTA-sponsored events are covered under the policy (subject to its terms and conditions) currently in force, there are some activities that present a risk or do not support the PTA Purposes. In fact, New York State PTA identifies specific activities that present an extremely high risk for liability and should not be held. Under the New York State PTA risk management policy (newly revised and effective for school year 2007-08) "water activities", including swimming or pool parties, are now deemed "dangerous and jeopardize the safety of children and youth" and "should not be contemplated" by any PTA unit. Furthermore, when we contacted the New York State and Nassau Region PTA and their insurance agent (Rose & Kiernan, Inc.) they were emphatic that any future sponsorship of the pool party not only jeopardizes insurance coverage for all PTA's in the state, but also exposes all Garden City PTA officers to personal liability for conducting the event.

Given the risk of exposure to our organization and its volunteers, the executive committee has no choice but to withdraw its sponsorship of the pool party. Please understand that, based on the current New York State PTA risk management policy, this decision does not affect our sponsorship of the Adelphi Dance scheduled for graduation night, June 29th. However, all PTA events must be reviewed each year for compliance with PTA policies and purposes. On a final note, since the 5th and 7th grade pool parties (held annually at Community Park) are not run by the Garden City PTA, these events are not precluded by the revised PTA rules.

Angela Heineman

President, Garden City PTA

president@gardencitypta.org

Thanks

To The Editor:

During the severe rain and wind storm on March 5, two 80 foot, town owned oak trees fell on Princeton St. Garden City's emergency services were quick to respond at 4:30 a.m. Electric and telephone lines were out for approximately 50 homes. One of the oak trees went through our roof and uprooted the sewer and water lines to our house flooding our basement. Police coordinated with the Fire Department to quickly assure that everyone was safe and then worked to get a sump pump functioning in our basement using a portable generator. As soon as the area was safe from downed overhead lines, GC water and Harder Tree Service (contracted by the Village) promptly went to work to alleviate damages. Pratt Construction removed the large tree stumps so permanent water and sewer repairs could occur. Our gratitude also goes to our Princeton St. neighbors and friends, who opened their homes to help us.

The Rose family