Saturday, May 25, 2013

A Night For Apologies

Greenburgh residents learn of more and more decisions (re: deals) made in back rooms not open for public consumption. The “working relationship” Mr Sheehan touted at the Democratic nominations for the Town Board in his nomination acceptance speech was, frankly, just good speech-writing that pandered to an already compliant crowd. What we learn over and over is that the Town doesn’t really need a Supervisor for life when there is a bureaucracy in place for life. Of course only having people of the same ilk, referred to as inbreeding in other circles, begets the abnormalities nobody claims to find acceptable. And yet, it’s the chosen course of Greenburgh politics under Mr Feiner’s administrations.

But the Democratic majority experimented and veered down a different road soliciting new leadership. With a wide percentage difference and mired in the same political rut for years, the District Leaders chose to divert their political vehicle, down a different and albeit better road for the Town. With a gap of almost twenty percentage points, they decided to endorse Mr Robert Bernstein of Edgemont for Greenburgh Town Supervisor. While we missed Mr Bernstein’s acceptance speech, we are sure it would have been an inclusive, honest and forward-moving offering a better future for our Town. And while Mr Bernstein seemed the clear leader in this race, other “wagons” were becoming unhitched.

There was a race for Town Clerk that pitted Mr Feiner’s hand-picked and cultivated choice, Judith Beville against County Legislator Alfreda Williams’ hand-picked candidate, Sharron Fantuzzi. Ms Fantuzzi had previously lost the nomination once before to Ms Beville. Williams was the Greenburgh Town Clerk prior to being ousted by Mr Feiner and replaced with Ms Beville. Could this be a revenge scrimmage? You decide. While there is no track record for Ms Fantuzzi or any reason to vote for her, Ms Beville has a track record. One of the things ABG has consistently bemoaned is Ms Beville’s inability to only do her job during Town Board meetings. The Board condones her active participation during these meetings. She is not a Town Board/Council member, should not be discussing issues pertaining to the Board and should remain silent. Obviously, since she unequivocally supports Mr Feiner, she is encouraged by him to speak. What no one has told either of them during all this entire time, is that hers is a non-speaking role!

The Town Board meeting on Wednesday night hailed more participants than just the G10 in attendance. Mr Feiner’s campaign presentations delayed the start of the meeting by about a half an hour. Once the meeting began, and got past some of the usual crowd-thinners, they opened the 3-minute public speaking portion of the evening. It was led by Mr Tom Bock, whom you may recall was the evening’s final speaker at the last meeting when Councilman Jones shouted at another resident who approached the dais to, “Sit down! Sit the F*** down!” To which, several Board members said in unison the meeting was over – actively limiting the public’s free speech. They had unsuccessfully tried to end the meeting earlier without allowing Mr Bock his time to speak and this gave them the excuse they wanted! In fact, at the following Work Session these same purveyors of “open government” discussed multiple ways to limit and even do away with the public involvement and comments – a very sad state of affairs.

Mr Bock asked the Board for answers he posed to them from at least three previous meeting about the possible set back violations by Westhab? He then asked how much money the Democratic party was being charged for using the Town Hall for their nominations meeting on Tuesday night? He stated he was waiting for an apology from Mr Feiner for calling him a racist at the previous years Democratic meeting, to which several Democrats in attendance took exception to Mr Feiners statement. Mr Bock was also waiting for an apology for being cut off during his allotted five minutes at the last meeting. He then continued to discuss a letter Mr Feiner sent to residents on Old Kensico Road in which Mr Feiner attacked Mr Bock and asked slanted questions as to the neighborhoods desire to install sidewalks suggesting Mr Bock wanted it only at their expense. Mr Bock stated this letter was in the identical format of the illegal referendum Mr Feiner filed for the last election seeking a specific result for the desired outcome he sought for the GameOn 365 deal.

Mr Hal Samis, whom you may remember was the cause of the outburst of profanity from Mr Jones, took to the podium and apologized to Mr Jones and the Board for any stress he may have caused them by his actions. He offered to shake hands with Mr Jones and began approaching the dais with his outstretched hand. Mr Lewis, Morgan and possibly the entire Board loudly told Mr Samis not to approach the dais, and stayed short of yelling, “Sit the F*** down!” While the entire episode last week may have been blown out of proportion and Mr Samis rebuffed, at least Mr Samis offered an apology and a gesture of civility. Why would the the Board not accept it?

The repetitious points of subsequent speakers seemed to find fault with the amateurishly proffered contract the Town claims to have written. In fact, Town Attorney Tim Lewis stated he had a major part in the contract. Retired Justice Herb Rosenberg, held up the contract while at the podium and asked Mr Lewis to confirm that he had participated in the writing of the contract. Mr Lewis corroborated that he had in fact worked on the contract. Then Justice Rosenberg highlighted that GameOn 365’s law firm’s name was on the document where law firms usually put their identifying information. Mr Rosenberg said it was shameful that this was the product of our law department. Mr Lewis sat silent.

Ms Lynette Bass, a Director with the Worthington Woodlands Civic Association, who was unable to attend the meeting, submitted a letter requesting it be read into the record during the public comment session. This is something that happens with regularity Town Board meetings. But since Ms Bass has challenged Mr Feiner and the Board for not responding to her numerous requests for the Board to meet with the WWCA, Town Attorney Tim Lewis determined her letter was too lengthy to be read. This caused a verbal outcry from the residents in attendance. It was determined that Mr Rod O’Shea, a Democratic District Leader and Edgemont neighborhood leader would read her letter for at least the three minutes allotted. ABG should point out that Ms Beville has always read submitted letters aloud and the Board was previously not concerned with their length. But since the Board’s last work session, they felt emboldened to restrict public participation especially during the public comments sessions. The “public” was having none of it!

The public was also not having any of the silent treatment that underscores the true lack of “open government” from Mr Feiner’s administration. Another speaker, Bill Betwarda, Vice President of the Worthington Woodlands Civic Association, suggested the Town Board could learn much from the young man they honored at the start of the meeting. Hal Samis was the first to ask that the GameOn 365 contract vote be held over as there is much to discuss. He then used the balance of his 3-minutes to detail why and discuss other financial points. Ed Krauss, another critic of the Board, detailed Mr Feiner’s criticisms of character assassinations, and explained that character assassinations are not character assassinations if you are telling the truth about the person. Not seen off camera, was some “seat-squirming” as Mr Krauss made that statement. The truth must hurt. He proceeded to call Mr Feiner a liar. Mr Lewis insisted Mr Krauss cease his accusations and his time to speak was up. He didn’t say, “Sit down! Sit the F*** down!

Retired Greenburgh resident Fred Stetter, who lives near the former Frank’s Nursery, demanded answers from the Board why Greenburgh was entering the banking business by “carrying” the GameOn 365 business for 13 years, not allowing the sale to be consummated for 13 years? He stated if he had run his business like this he would have gone out of business after one year! Again, no answers. Council of Civic Association President Madelon O’Shea requested to know what the Town Board was going to do about the horrible and inaudible sound being broadcast from Town Hall sessions and how soon will they fix it? No answer.

Elm Street Sports attorney Nicholas Ward-Willis stated issues that are problematic issues with the contract. He had previously emailed a letter detailing this to the Board members. The Town has a clear and undeniable duty to accept the highest price, a fiduciary responsibility to the taxpayers and this contract deprives the taxpayers of result. GameOn 365 is offering less money and the Town is entering into “reckless payment terms and fraught with legal infirmities that render it invalid...” in contrast to what Elm Street Sports has offered.” The 13 year, $1.3M loan, below market interest rate, post-purchase loan which offers no security for the taxpayers over the course of 13 years. “When did the Town become a bank?” Ward-Willis asked, “Article 8 Section 1 of the NYS Constitution: no town shall give or loan any money or property to, or aid an individual or any private corporation.” He also pointed out that under General Municipal law section #51 states that taxpayers are allowed to commence an action against public officials in their individual capacity who are wasting public funds.     Apparently, there are better attorneys in the private sector than the public sector.

Ms Ella Preiser took to the podium, questioning the Boards actions based on the various points Mr Ward-Willis and then said there is a television program called “Are You Smarter Than A Fifth Grader?” Point made. There are enough issues with this contract that a vote should not be made and this should be held over. Town Supervisor candidate Robert Bernstein spoke about the contract and stated the GameOn 365 deal is very troubling and proceeded to point out why. This was the course the entire evening took as speaker after speaker touched on so many issues that eventually Mr Jones made a motion to hold the ratification of the deal over. When Mr Bernstein next spoke during the 5-minute public session, he congratulated the Board for that decision. It remains to be seen what they will do next. Our prediction is they will vote it through anyway.

Hindering public comment. Bad deals that continue to benefit developers. Working under Mr Feiner’s “Friends and Families Plan”, and routinely making deals that hurt constituents taxpayers seems to be the several years in the making, a tact this Board has supported. Personal attacks from the Board are covertly made through letter and actions while espousing the same thing not be done toward themselves. This behavior is contemptible. The democrats are in control of this next election for Town Supervisor. There are two candidates. Please study the issues, question what is right and wrong and vote your conscience in the upcoming Democratic Primary, following your own moral compass. There were numerous requests for apologies and none given. Your decision should not include an apology for voting the wrong way.

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