Thursday, January 22, 2015

Town Looks Gift Horse In The Mouth

Two issues of late, completely different from each other, are dogging the taxpayers yet again. This one is about a bill that was drafted by several residents to limit/prohibit/regulate Massage Parlors in the Town - specifically due to the proliferation of them in the Edgemont section and other areas of the Town. The second is about another study for the needed inspection of the former Frank's Nursery property at 715 Dobbs Ferry Road (a future article).

About two years ago, an Edgemont resident attended an Edgemont Community Council (ECC) meeting and spoke of the proliferation of massage parlors and the "undesirable" clientele they attracted. We were there when one of the speakers said if the name had the word "spa" in it, they were probably conducting sexual acts beyond a simple massage.

Soon after this meeting, it was brought out into the open at a Town Board meeting. Since only good news can come from Town Hall, Mr Feiner tossed this hot potato to the Police Chief. Now, almost two or so years later with little action on the issue town-wide, the problem is once again in the forefront of the news. Other news media sources, mostly those content to regurgitate Mr Feiner's one-sided press releases unchallenged, have occasionally broached the subject whenever the police have made arrests. Perception being reality, a fine line that Mr Feiner understands how to exploit, had him doing the Feiner shuffle and trying to push the Town Board into enacting a temporary fix while a long-term solution could be had.

The Edgemont Community Council’s President, Robert Bernstein, North Elmsford resident and Zoning Expert Ella Preiser and several others worked together to craft a document to address the Town's burgeoning massage parlor growth. While government is nothing if not taxing and regulating (some say over-taxing & regulating) its residents, this bill was constructed in hopes of fostering tighter control over the creation of these shops. The bill that was offered to the Town with no cost received a chilly acceptance from all. At the last Town Board meeting, Mr Bernstein took to the microphone to bemoan the changes Town Environmental Expert and Attorney Tim Lewis had made to the bill. There were two sticking points: 1) that the Town Clerk is given discretion to approve or reject the licensing of massage parlors; and 2) the Town Attorney deleted the portion about the Town Clerk approval, taken word for word from the Town’s existing Cabaret Law.

ABG has mentioned often our desire for the Town Clerk to remain silent during Town Board meetings. However, she did make a valid point during the discussion of whether or not the Town Clerk should have the ability to deny the application. According to Mr Feiner, who typically shifts his position based on favorable crowd reaction, said he had a problem with the Town Clerk’s office having the ability to approve or reject a license application. As was explained by Ms Beville, the Cabaret Law and Massage Parlor licensing were very different. Her licensing approval or denying capability under the Cabaret Law is to allow an existing business an additional service, such as entertainment. Under the Massage Parlor bill proposal, the Town Clerk’s office would be in a position to grant a license to operate a new business. Surprisingly, we agree with the Town Clerk.

Further discussion between Mr Feiner and Mr Bernstein was periodically interrupted by Town Attorney Lewis. Finally, after hearing Mr Bernstein’s complaint of how he was not contacted at all while the Town Board altered the proposed bill, all parties agreed to try to change the bill that accommodates both sides. Regardless of the future collaboration on the Massage Parlor bill, Mr Feiner again insisted on introducing what they already posted to show they were taking action. Vociferous objections were made as it did not make sense to introduce a flawed bill when a corrected one could easily be had. The Town Board ignored the public’s input.


The Town Board has become increasingly reactionary with so many issues. They have become predictably wrong on the items that they do focus on, such as the Fortress Bible Church discrimination (taxpayer cost: $5.5M), termination of the WestHelp contract (taxpayer cost: $1.2M/yr), former Frank’s Nursery no-sale (taxpayer cost: $3.5M+remediation), Comprehensive Plan (taxpayer cost: unknown), tax certiorari adjustments (taxpayer cost: $100K to 1M/Town Board meeting). The list is almost endless. 

Its time for some new blood to start circulating in Town Hall. When residents are forced to write bills our legal department seems incapable of doing, its time for a change. Only then will we see A Better Greenburgh.

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