The Edgemont Kobayashi Maru Scenario

Star Trek fans will recognize the Kobayashi Maru scenario reference instantly. For non-Star Trek fans, the Kobayashi Maru scenario was an infamous no-win scenario that was part of the curriculum for command-track cadets at Starfleet Academy in the 23rd century. It was primarily used to assess a cadet’s discipline, character and command capabilities when facing an impossible situation, as there is no (legitimate) strategy that will result in a successful outcome. The protagonist of the show, Starship Enterprise Captain James T. Kirk, played by actor William Shatner, was the only cadet in Starfleet history to ever beat the Kobayashi Maru — by reprogramming the simulation so that it was possible to win. This should sound familiar to Greenburgh residents.

While we never would expect Mr Feiner to be torn between an ethical or moral dilemma, he has repeatedly tried to bend, change, alter and scrap the rules. When the Edgemont section of the Town began openly discussing the possibility of incorporating into a village to pursue their goal of self destiny and better financial control, Mr Feiner worked feverishly behind the scenes to thwart their efforts. And, throughout it all they continued to post their thoughts, findings, questions, points and counter-points online and express them at many assorted meetings. At no point did it appear, at least to ABG staffers, that there was ever anything “going on” or any ulterior motives. 

Many of Mr Feiner’s sycophants, committee appointees and supporters as well as Mr Feiner himself claimed that the Edgemont Community Council and Robert Bernstein were behind this move that would cripple the Town's budget and services. While operational changes could certainly happen to Greenburgh, there were far too many people stepping up, becoming involved and seeing Mr Feiner’s attacks as hollow. His public reasoning for not being willing to meet with the incorporation members was that the group was not an official entity and could not enter into a binding contract with the Town. We believe the real reasons are quite different.

By refusing to meet with residents, taxpayers and constituents of the Town regardless of their philosophies, intent or goals, Mr Feiner was already taking a position against incorporation and intentionally alienating some who may have been on the fence about incorporation. His steadfast anti-incorporation position very definitely worked against him. Mr Feiner, who as Supervisor is supposed to remain neutral according to NYS law, continued to rail against incorporation going out of his way to make his anti-incorporation position well-known through other media outlets friendly to him. In fact, emails publicized by many residents and civic associations from Town Hall repeatedly proved this point out time and again.

Once the petitions were finally accepted at Town Hall, another in a series of calculated missteps by Mr Feiner's crew, probably under his orders, he waited until the end of the allotted time period to render his incorporation decision, saying, “No!” Undeterred, the incorporation members forged ahead. But next would be the unauthorized expenditure of Town funds to hire a retired judge so he could shift any ownership of decisions Edgemont incorporators found unfavorable away from himself saying, “It was the judge’s decision, not mine.” Next were the subsequent private investigators sent to homes to invalidate the petition signatures that had been submitted even while NY State law says these expenditures were illegal. Even though Mr Feiner’s illegal position and actions were trying to win a no-win scenario, albeit Kobayashi Maru, he forged on – continuing his alienation of others who may have been amenable to his view but had now changed sides.

An Article 78 is a form of objection for the public against a municipality's decision they believe unfair, unjust or wrong. The Edgemont Incorporation Council (EIC) filed an Article 78 against Mr Feiner once he said no to their incorporation referendum request. On October 31, 2017, New York Supreme Court Judge Susan Cacace rejected Mr Feiner and the Town's motion to dismiss the suit. In the Dromore Road case it was also no surprise when Judge Cathy Siebel referenced the Fortress Bible federal discrimination case, noting Mr Feiner and the Town’s guilty verdict for federal discrimination, lying under oath, destroying evidence and more!

With each apparently hapless misstep, and we know each move was very calculated by Mr Feiner, both sides seemed to dig their heels in deeper. Now Mr Feiner has a new ploy. He has offered the Edgemont community the ability to control its own zoning and planning without incorporation to thwart their movement. The argument from the EIC has always been about having better control over their own destiny. Mr Feiner has claimed incorporation will cause the Town budget to have a $17 million shortfall. While that number is questionable, other residents in the Unincorporated Town have pressed Mr Feiner and his Board to explain why they are not doing everything possible to ensure minimal budget disruption? Their answers are hollow as they follow Mr Feiner’s mantra that incorporation will fail and there’s no need to plan ahead. This lack of planning, whether over incorporation, sidewalks, infrastructure, or flooding, etc., is another on the list of hallmark shortcomings of the 24-year tenure of the Feiner Administration.

Mr Feiner’s latest idea of allowing only Edgemont to have control over its planning and zoning is not the only issue at play. ABG believes this latest offering to placate the EIC is just another desperate and illegal move to segregate Edgemont from the rest of the Town by Mr Feiner. It smacks of spot-zoning – illegal, yet still practiced with impunity by Mr Feiner and his Board. This move harkens back to his other discriminatory practices in the Fortress Bible Church discrimination case which we are all paying for to the tune of $6.5 million dollars (of which $1 million was paid by the insurance company). Instead of trying to work in good faith with everyone, Mr Feiner has chosen to alienate just about everyone - the EIC, most of Edgemont, the Unincorporated taxpayers, and the courts. This must end. 

Whether you are for or against the incorporation, this haphazard method of governance calls to mind of the same old political games that turn people away from participating with their government. Maybe that’s what Mr Feiner is hoping for. But, these kinds of shenanigans, back room deals, subterfuge, lies, discriminatory efforts and Kobayashi Maru scenarios have no place in our Town and must end. Only then will we see A Better Greenburgh.