The Examiner

Calls Strengthen for Councilwoman Recusal on Armonk CVS Vote

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North Castle Councilwoman Diane Didonato-Roth

The citizens group fighting the CVS application in Armonk has intensified its efforts to force Councilwoman Diane DiDonato-Roth to recuse herself from voting on the matter because of a prior business dealing with the landlord.

A week after the attorney for Concerned Citizens of Armonk raised the issue at the last North Castle Town Board meeting, the group’s leaders were busy ramping up the pressure on DiDonato-Roth, a realtor since 1993, because she once found a tenant for a storefront at a Werber Management property in North Castle. Werber Management owns the Armonk Shopping Center on Main Street where CVS hopes to move in.

“She has represented Werber development previously on listings in this town and it’s our understanding she’s likely to or may do it again,” Bakers said at the July 11 meeting.

“I think it raises something that’s very serious because it raises the appearance of a conflict of interest, if not an outright conflict of interest, which should preclude her participation on this matter,” he added.

Concerned Citizens brought up the matter as the public hearing on CVS’ special permit application is set to open at Wednesday evening’s North Castle Town Board meeting. The chain pharmacy must obtain a permit from the town board in addition to site plan approval from the planning board to move into the roughly 20,000-square-foot space.

DiDonato-Roth, who did not address the issue at or immediately following the last town board meeting after voting to schedule the start of the hearing for July 25, said last week she will not be recusing herself from the CVS vote. She dismissed the attempt as a desperate act by a small circle of people who have either a financial or political interest in seeing CVS defeated, including Town Center Pharmacy owner Charlene Jacobi, who is listed as Concerned Citizens’ president.

DiDonato-Roth said with the possibility that the permit could hinge on a 3-2 vote, the group has searched for a way to target her in hopes that would be enough to have CVS’ application fail.

“A 2-2 vote is a no vote. That’s what they’re trying to do” she explained. “They really need to find a reason to convince people for me not to vote.”

She said that the only previous dealing she had with Werber was helping a merchant find a small storefront at one of his properties in town at least 10 years ago. At the time, she said she had no inkling that she would run for public office. DiDonato-Roth is currently running for state Senate in the 37th District.

But Greg Lane, a spokesman for Concerned Citizens, said DiDonato-Roth was listed as the real estate agent much more recently than when she is claiming. He produced a listing which identified her as the agent for a vacancy at 475 Main St. in Armonk, the address for the Armonk Shopping Center, for a six-month period starting in December 2006.

“Diane benefits financially from her relationship with Mr. Werber as the listing agent at this property,” Lane said.

He denied the attempt was an orchestrated move by the councilwoman’s political opponents. Concerned Citizens is a group that collected more than 1,000 signatures last year to fight CVS and to maintain the hamlet’s local flavor rather than permitting big box stores.

Supervisor Howard Arden, however, called the recusal request “asinine.” He said that in a small town such as North Castle there will be minor connections that could cause widespread recusals when there would be no plausible reason to do so.

He cited Councilman Stephen D’Angelo’s decision to vote on the reduction of benefits for retirees and non-union workers even though he pays for and receives health insurance from the town and Councilman John Cronin opting to participate in the recent Armenian seminary vote although he lives near that property. In both instances, there were no calls for recusal.

Arden said he was satisfied that DiDonato-Roth has had no business dealings with Werber Management since being on the town board. He also said of Concerned Citizens’ request that “I don’t find them to have any credibility.”

“The response is actually positive from most town residents who are looking forward for CVS to open,” Arden said. “(Concerned Citizens) is outside the mainstream for what the town is looking for.”

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