Tuesday, April 25, 2017

Failing To Deliver

It should have been a stunning upset at Monday night’s Edgemont petition hearing. Mr Feiner could have simply found the Edgemont Incorporation petition sufficient for a referendum. Instead, he exhibited classic Feiner behavior, making up the rules as he went along to favor those opposed to incorporation. In fact, his bad behavior from the last public hearing held at the Anthony Veteran Park was such a disaster that even his ardent supporters, his own Town Board, were absent this night! He calculated his moves trying to shun responsibility and pawn it off to his hired gun, attorney Robert Spolzino, now a retired judge. After detailing what he felt were sufficient rules, he turned the hearing over to Mr Spolzino. Many objected, shouting once again, that the fix was in.

Scheduled to start at 7:30PM, Mr Feiner did his classic late start at 7:45PM. He couldn’t do any presentations, songs or poetry readings, his usual time-delaying tactics to diminish the amount of time he would have to spend listening to those pesky residents whine for incorporation, so he stacked the deck. First, he had Town Attorney Tim Lewis read the objections from the previous meeting and what had been submitted since. This just ate up valuable time from those who came to speak after abruptly being shut down at the first hearing. Second, he scheduled previous speakers from that first hearing to speak first, further limiting the opportunity for those in favor of incorporation from being heard. 

In fact, when Mr Feiner confidante Mona Freitag approached the podium, the room erupted, people jumped to their feet, vociferously objecting to her being given a second chance to speak even before others had a first opportunity to be heard! He was quickly losing control of the second hearing just as he had with the first. After being embarrassingly called to task by his cavalier dismissal of his own rules, Mr Feiner was convinced to allow her to speak after everyone had spoken. This time he flailed helplessly as there were no Board members able or willing to come to his rescue. 

At one point, Daniel Bernstein spoke to object to an objection filed by Ms Janet Lin at the last hearing regarding his residency. She is the wife of Greenburgh Planning Board appointee Hugh Schwartz. And, while humorously doing so, he received the heartiest round of applause for the evening. As he returned to his seat, Mr Schwartz flipped Mr Bernstein “the bird”. Clearly Mr Schwartz was upset about the comments made about his wife. Many in the audience chastised Mr Schwartz for this less than sophomoric gesture.

The evening progressed with many residents from the Town who stated they would be from within what is now being considered the boundaries of the new Village of Edgemont and that they were registered to vote in Greenburgh elections. We kept thinking, “But did they vote?” If they haven’t, we have a feeling they will this year. At one contentious point, EIC proponent Jeff Sherwin walked up the isle booming, “You are not allowing due process!” It’s a bit ironic because Mr Feiner uses numerous, hollow, buzz-phrases and the Edgemont incorporation has prompted his resurrection of the “due process” catch-phrase. Mr Sherwin was correct.

At another point, former Edgemont Community Council President Michelle McNally said she F.O.I.L.-ed (Freedom of Information Law) the latest submissions at 4 PM prior to this meeting, but was given nothing. Interestingly, Town Attorney Tim Lewis read objections received as late as that same day (Monday). Huh? If he had them, why was Ms McNally denied the information? Separately, Mr Lewis later said the maps submitted were too big and difficult to copy. Could the real reason be because Mr Feiner told him not to release them?

Many objections were read at the beginning of the 2nd hearing, this time held at Town Hall. Mr Feiner also stated the video of the meeting would be posted the following day. Not surprisingly, the video has not been posted by the end of the following business day. In fact, the video and the minutes of the first public hearing on April 5th also have not been posted! But the real trickery still at play here is that Mr Feiner purposely scheduled the second hearing just one day before the 20-day period deadline for public input. Why is this significant? Because it does not give the pro-incorporation people an opportunity to counter any misinformation, bogus statistics or factual shortcomings submitted by anyone from the anti-incorporation side! Mr Feiner knows this full well but will do his best to thwart the pro-incorporation people from achieving their goal: the right to vote to decide if they should incorporate or not.

It is hard, almost impossible to put Mr Feiner’s bad behavior, missteps, unethical practices and trickery aside. The bigger issue is not about incorporation, tax revenue, boundaries, police protection, self-destiny, garbage pickup or any of that. It’s about an elected official not following the law. It’s about the rights of citizens’ being trampled upon. It’s about voters and taxpayers not being allowed to have their due process under the law. It’s about their due process being unnecessarily influenced, coerced and bastardized under the guise of Mr Feiner and his corrupt interpretation to “follow the law”. We know better having witnessed his previous actions. This kind of behavior has gone on for far too many years. This has to change. Only then will we get A Better Greenburgh.

23 comments:

  1. Thank you for the summary for those of us who were not able to attend the hearing! With regard to the video of the April 5 hearing, you can find a video at the link below:

    http://us13.campaign-archive1.com/?u=0d0fce6ba1af06369371b8904&id=23c5e3d0b3

    Thank you for the informative and balanced site. If everybody read it, maybe then could we have A Better Greenburgh. :P

    ReplyDelete
  2. Its fairly obvious that Feiner's nearly 3 decade tenure is 99% of the cause for the incorporation movement. While zoning and planning and perhaps being able to provide better services for less cost may also be a motivator, Feiner's style of government by facebook post has exceeded its allure.

    So, what does either ABG or its readers propose as the replacement for Feinerism? What 5 or 10 initiatives (other than doing away with the TOV having two recreation departments, hiring a town manager and instituting term limits)are being proposed as a platform of renewal and reform? Edgemont is clearly seeking its liberation from an oppressive, indifferent and corrupt regime. However, their critique does not extend itself in a detailed manner to the problems raised in this forum regarding Feinerism and its constant appeal to ever smaller slivers of the electorate coupled with his pernicious running for office every day on company time.

    ReplyDelete
  3. As bad as Feiner has been, I think the status quo is just poorly designed. It won't be that helpful when he is replaced, the following realities will persist:
    1)Edgemont will bear a disproportionate share of TOV expenses
    2)Developers will want to build apartments in Edgemont as aging shopping centers get retired thanks to the retail apocalypse that's already underway.
    3)The town doesn't care about the costs imposed on the taxpayers of the school district, who comprise 8% of the Greenburgh electorate. They do care about the permit fees and the annuity of tax revenue they will get on the buildings.

    If Hastings, Ardsley, and Irvington had never incorporated, then Edgemont would not be the lone cash cow to be milked by the town. Not only would the redistribution within TOV be less dramatic, but there also would be better economies of scale w/o village governments. Feiner has certainly not made it appealing for these places to dissolve their governments. Since these other wealthy places are going to remain villages, it's insane for Edgemont not to avail itself of the same protection afforded by incorporation. The status quo is fundamentally flawed and there's no reason to expect things to get better.

    ReplyDelete
  4. The A budget tax bill for most villagers is in the $300 range. So maybe a bit more depending on your assessment but still a pittance compared to the school tax. Now as a quick aside Trump has announced a tax reform bill that apparently eliminates the deduction for state and local taxes. If this should become law, then the value of your home will plummet like the Hindenberg. So if Edgemont incorporates its share of TOV expenses will drop considerably as it will only pay for basic services (whether from the Town or outsourced). Its services as a bank (err, cash cow) for the rest of the TOV will be over once the legacy debt is paid off (see tonight's parting gift of millions to fix the TDYCC and the library).

    In 1941 and editorial appeared in a local paper calling for the creation of a City of Greenburgh - saying that having 11 police and dpw departments was nutso. Maybe that idea will once again gain currency if there is term limits and district representation as most cities have. Without these safeguards (and they are not perfect) we get 27 years of Feiner. Of course an incorporated Edgemont will control zoning and planning which as seen in the Shelbourne case has been torn to shreds by a Town Board interested in making the Krautter family wealthy at the expense of the neighbors it is leaving behind and as you correctly note to realize one shot infusions of building dept fees. Typical gimmicks that Feiner the spendthrift uses.

    ReplyDelete
  5. When will people listen and realize its time to drain the swamp. Paul has to go.

    ReplyDelete
  6. He will only go if someone runs against him and wins. Otherwise he is the Greenburgh Papa Doc - Supervisor for Life. Greenburgh is a big place with little media coverage. A successful campaign would take at least two years to cover the territory and become known and figure out a way to either keep the villagers at home or increase the turnout of the uninvolved. It will not be easy to unseat an entrenched incumbent who wisely puts the interests of the Village first (meaning he keeps things like the TDYCC and the Nature Center B budget only items).

    ReplyDelete
  7. This comment has been removed by the author.

    ReplyDelete
  8. A city will never happen, school districts would have to be combined

    ReplyDelete
  9. Anything may be possible. Clearly the structures we have are antiquated - villages, unincorporated, special districts, etc. Touching the schools would be a third rail (but over the years there have been proposals such as the 567 plan (Ardsley Edge and Hartsdale) which depending on how you view it ended up with Greenburgh 8 merging with Hartsdale 7. Hartsdale has never recovered its identity and has not only become Feiner's dumping ground, it has no political representation on the Town Board. Ask any so called Town Council Member and they will say - Oh, I represent everybody. Translation - I represent no one but myself and my leader - Paul Feiner, Dupervisor for Life.

    ReplyDelete
  10. Yes, I agree the schools, and not just in Greenburgh, are the third rail. Hartsdale was forced, kicking and screaming, to join Greenurgh 8. Go to http://manorwoodsblog.blogspot.com/ to read about it. Other mergers were discussed, never happened, never will. State law provides that city must have city school districts. Even if the state would provide an exception, just like Finneran, only for Greenburgh, no one would trust them. I see every area becoming a village, and the town becoming largely ceremonial.

    ReplyDelete
  11. Villa's comment about my wife being at Bleakly Platt

    3:22 PM (24 minutes ago)

    to me
    Villa,
    Maybe you should know the facts before making a statement like the one above. I have been on the PLanning Board for over 15 years. My wife has only been at Bleakly PLatt for a small period of that time and has nothing to do with the real estate practice.

    There have been only 2 cases in which Bleakly Platt has been before the PLanning Board while my wife has been a member of the firm. So there was no possibility of conflict (or even appearance of conflict) I recused myself from both cases.
    It would seem a public apology is in order.

    Regards,
    Hugh

    ReplyDelete
    Replies
    1. This is comical. You purport to be Hugh (presumably Schwartz), yet use the ID Paul. Speaks volumes.

      Delete
  12. Maybe Hugh should apologize for flipping the bird at a public meeting?

    In any event, a conflict, or appearance of one, is in the eye of the beholder.

    ReplyDelete
  13. Sad that Hugh and his wife won't allow his neighbors to have an up or down vote to form their own village. Perhaps they are jealous of the new young generation of Edgemonters who are disgusted with Feiner while Hugh's generation enabled this career politician to stay in office for three decades. Thanks Paul for tearing down the trees in Hartsdale Depot and putting up a tombstone - which is fitting.

    ReplyDelete
  14. Hugh,
    The potential for ongoing conflicts while your wife's business is representing Edgemont's legal adversaries is too great. In this environment of unfettered corruption fostered by Supervisor Feiner, anything with even a whiff of smoke looks like it has fire to those of us keeping up on all the latest malfeasance. Furthermore, we would be better off having somebody local on the planning board who does not need to recuse himself whenever Bleakly Platt gets involved. For all we know, your sway in land use and relationship to a partner could be part of Bleakly's pitch to developers with prospective projects in Greenburgh.

    That aside, were you active in past voter suppression movements? Or did you and Janet just take it up recently after deciding that this particular end justifies the means? My guess is the latter, as you seem to be doing a very sad job based on the dressing down meted out by Danny at Monday's hearing. The truth sometimes hurts, but you need to remain in control of your emotions and refrain from making obscene gestures at people.
    Ville de Chaya

    ReplyDelete
  15. Well said. Sadly they appear to be standing with and endorsing the appalling tactics of the Town in trying to prevent a simple yes or not vote. Clearly Hugh's huff pieces in the Scarsdale Inquirer are getting no traction and his constant carping about Bob Bernstein is tiresome. Say what you will, but Bernstein is doing the hard work for his community. As Manor Woods Blog notes, the Town and especially the Supervisor have been unwilling to debate incorporation on the merits or show chapter and verse where their study is erroneous. Instead they have relied on the very old guard of Edgemont such as Marty Payson and Mr. Schwartz who is a Feiner stalwart/apologist but as Villa De Chaya correctly states, very compromised. Everyone in Edgemont sees it but Mr. Schwartz.

    ReplyDelete
    Replies
    1. Enough with this voter suppression imagery.
      Rejection of Petitions was always an existing statutory process formalized to weed out non-qualifying Petitions whether designated as a Nominating Petition for a candidate seeking public office or, for a matter seeking Referendum. In either case, when a Petition is ruled invalid for DUE cause, no one blogs hiding behind an acronym (RAID) that citizens are being deprived of their right to vote. Your only valid argument in this arena is, for now, whether or not the Petition is under attack for UNDUE cause. I say "for now" because whatever the ruling on the Petition is, a court action will initiated the morning after by the aggrieved side.

      Sadly, this entire matter of Edgemont incorporation is not really about land use, not about Shelbourne, not about who is paying big taxes, not about services...It is simply the rematch between Feiner and Bernstein being waged under a different name.
      A rose which does not smell as sweet. This time the animus is not over running for the job of head honcho. Bernstein lost then because he was unlikable; Feiner won because he used his high office to cater to every possible voter's self-interest. This time around, Bernstein held back using a nominee (one entangled in his own self-interest, to do the meet and greet legwork and dressing the stage for Mr. Bernstein's timely arrival with the cavalry. Still, Mr. Bernstein is no John Wayne but seeks to appear to gullible, new generation Edgemont residents who bought into the School District in ignorance of the background sturm and drang accompanying the near three decade reign of Feiner. For a good third of Feiner's terms in office he also performed in the vaudeville team of Feiner and Bernstein also know as Bernstein and Feiner which toured Greenburgh bringing their road show to Town Hall, Civic Associations, Democratic Party get togethers and your living rooms town wide. Reviewed often on Facebook and in the letters to the editor section of local news, their show "The Farmer and the Cowman Can't Be Friends" continues to be a smash selling out in every venue. While the duo continue to duke it out in public
      the first act closer, "Sticks and Stones can Break my Bones but Names will never hurt me" continues to top everyone's playlist.
      The TOV, the show's angel, continues to pick up the tab for the show's overhead but recent news from Washington indicates that federal funding for the arts is at risk. News that portends even more suffering for taxpayers who, fortunately, continue to hold their breath and take one for the gipper mostly in vain and in silence.

      All of this leads up to the great Petition brouhaha which equates to winning the Democratic Party's nominating Petition/ Primary is akin to winning the November election. Whoever wins the Referendum Petition has won the war.

      So. apart from the deliberately vague Edgemont pro forma financials, one has to wonder who is taking home the chips left on the Edgemont Village game board.

      Which devil in disguise will be the first Mayor and which devil in disguise will be retained to handle legal matters.

      In conclusion I "30" with this final thought addressed to RAID. While utilizing an existing set of rules to void a Petition is not by itself a strike against democracy or a deliberate attempt to disenfranchise voters, the Edgemont rush to judgement is a deliberate affront to the legacy of Sy Syms: An educated customer (voter) is our best customer (voter). Promoting a vacuous proposed Village Budget and feeding off the ignorance of uniformed residents is by far the greater evil.

      Delete
    2. The contention of the pro incorporation group that the opposition seems to be trying to block an election and not win one is obvious.

      It's laughable to argue Edgemont is filled with low information Trump University graduates. Remaining with Feiner is the greater risk. What village in Greenburgh has ever entertained unincorporating and re-joining the TOV?

      Delete
    3. Hal,

      Not certain what you are saying?

      1. If you saying that people bought homes in Edgemont not knowing about history of Paul Feiner, won't becoming a village take them out from under Paul's thumb? Don't you think they know that?

      2. Whether you find Bernstein likeable or not, in an election in Edgemont ONLY, he will win. Any election that is perceived as Feiner/Bernstein, anti school, etc. the result will not be what Feiner wants -- ergo his only chance is to deny voting rights. Has he been able to knock off more than 50 votes? Yes, Paul knocks off votes regularly, but when a candidate comes to the table when plenty of extra signatures, that does not work. So his only hope now is to bring up arguments that seem irrelevant (as in the borders of the school district, when the borders of the new village would be the fire district.)

      3. The more important question, is how will Feiner govern the Town after Edgemont leaves? How will he support the programs he wants?

      Delete
    4. He will "govern" as he always has - by press release. Maybe his enablers in Hartsdale and Fairview will continue to follow him as he promotes nonsense like motorcycle clubs (another death just reported in Mt
      Vernon). Just as
      there is no safe way to ride a motorcycle, no taxpayer is safe if Paul Feiner is running the government. Feiner could have not fallen any deeper into the trap laid by the incorporation movement. His only hail Mary is to make up alternative facts about the petitions and pray something sticks (which is highly unlikely) or somehow the leaders of the EIC decamp Greenburgh enmasse (even more unlikely). Feiner has overstayed his welcome and now faces overseeing a rump state unless he needs the request of many and announce his retirement.

      Delete
  16. Meant to say Hartsdale Neighbors Association on facebook. There is a good recap of the two public hearings. Manor Woods blog is a good read as well.

    ReplyDelete