Dying A Slow Death Until They Die In Office

The governor has sent “tax relief” checks to property owners in the guise of helping the beleaguered NY taxpayer. The Town has not. What may have helped the governor would have been to announce that instead of trying to buy your vote, he’s announcing an infrastructure overhaul that has been needed for the last hundred years or so to address the cacophony of issues plaguing New York: failing roadways, flooding, failing railways, crumbling bridges, ruptured water mains, outdated airports, traffic congestion and more. Instead, this move highlights the kick-the-issues-down-the-road practice all politicians subscribe to because it’s not sexy stuff. They profess these issues will be addressed but later become someone else’s problem if they ever leave office. But in New York, as in Greenburgh, you have to die in office to officially leave. It’s killing us.

The twin “Honda” bridges (aka New Tappan Zee) across the Hudson River exacerbates the ineffectiveness of what is transpiring with our government’s stale and feeble thinking. We recently saw two tractor-trailers jackknifed on the bridge, stalling traffic for over an hour. No one was surprised. Let’s face it, with the volume of traffic travelling that roadway, we know we can expect more. So, when the planning stages produced two bridges with a new rubberized surface much slicker in the wet weather than the previous concrete, no rail, no real HOV lanes, a bike path, viewing areas, eagles’ nests, and other millennial contrivances, traffic volume and flow appeared to have been a glaringly absent topic.

We experience daily this thinking at local, state and federal levels as project after project transform into boondoggle after boondoggle. The difference locally and in our Town is the failure to “play the game” and think outside the box is destroying what was once a dynamic Town! And, at the same time, every NY politician – mostly all democrats – have remained in office for far too long. Regardless of New York’s issues and us specifically, we have the same archaic, stale and ineffective thinking bombarding us daily. An example would be any project will have 10% low-income, ground floor retail (which over and over again stay vacant) and apartments above the retail for Millennials and of course with no parking as we’re continually told Millennials don’t drive or own cars. Yet, when you look at Hartsdale Avenue going into the center of Hartsdale, there is not nearly enough parking for those people living in those apartment buildings! When it rains and there is flooding, they must (re)move their cars to higher ground. Some thought a recently passed weak Comprehensive Plan would help the residents. It was so watered down it became a laughingly simple political document that won’t protect the integrity or longevity of the Town.

Project after project gets approved by a reticent Town Board incapable of breaking free of the servitude that grips them to their master. As long as they are instructed to vote in favor of a project, pass a code change or waive the craftily enacted standards that favor developers, they will remain on his Board. Falter from that narrative and be jettisoned in the blink of an eye, commonly referred to as being “Sonya’d.” After Town Board member Sonya Brown publicly exposed Mr Feiner’s racial bias against the minority community in the Fairview section of town, she was shunned by the Town Board, ignored by many in Town Hall (also fearful for their jobs) and dropped from the re-election ticket for now-Councilman Ken Jones. Mr Jones learned quickly that to get along he must go along. Sadly, we had been hopeful that he would exhibit a modicum of independence only to have the electorate be disappointed yet again as he tows the Feiner -line.

The Elmwood Country Club was sold to a developer who has an arsenal of attorneys at their beck and call who know how to play the approval game in Greenburgh. We’re told they met secretly with Mr Feiner and probably his Town Board as Mr Feiner laid out the groundwork they needed to follow to ensure successful completion of their yet to be proposed project. First, meet with his arch-enemy, the President of the Worthington Woodlands Civic Association and get a buy-in from their President and ultimately their members. You’ll recall that they were the ones who successfully stopped Mr Feiner’s GameOn 365 from erecting (really inflating) an 83 ft tall “sports bubble” at 715 Dobbs Ferry Road where the former Frank’s Nursery had been. Stung by this embarrassing defeat after several residents exposed Mr Feiner and GameOn 365’s collusion, Mr Feiner has worked tirelessly to find any way possible to get the flawed and failing GameOn 365 project to reach fruition. Why follow this same path of failing ideas? Do as I say, not as I do.

The Hartsdale Neighbors Association sparked a debate about their 4-Corners (4C) and it’s need of renovation and uplifting, citing that it’s been a revolving door of failed businesses and desolate retail spaces due to the Town’s permit process, zoning, lack of parking and bereft planning processes. In light of the Edgemont Incorporation effort, word got back to the Town Board about new talks of a Hartsdale Incorporation based on what happens to the Unincorporated Town (which includes Hartsdale) should the Edgemont incorporation succeed. Concerns festered over what would happen to the Hartsdale community and the town budget, town services and staff. Mr Feiner and his Board were rapt as Inspired Spaces made a presentation of solutions for the failed and ignored area. They certainly embody their motto, “We seem to care.” But since the only real beneficiaries of remodeling of the 4C area is the landlords, we doubt these plans will get much traction.

But now that the Edgemont incorporation has been successfully stalled, Town politicians needed a new crisis to divert attention from what is really going on with finances, personnel, insider developer approvals and more. Thankfully, whenever in need and there is no apparent cause to latch onto, play the race card. This time it was espoused by Town Clerk Judith Beville, an African-American woman who charged in a series of emails that she, as an African-American woman, was being targeted by all of the members of the Town Board, but not her meal ticket Mr Feiner, that had racial overtones. She made sure to not bite the hand that feeds her so to speak.

Racism is no stranger at our Town Hall, at least during the Feiner Administration(s). And while these episodes have always been craftily ignored, swept under the rug or simply ignored, racism is alive and well at 177 Hillside Avenue. Regardless of previous events, Ms Beville sent a series of emails alluding to racism and then actually charging that this was done to her specifically because she was an African-American woman in a high-profile position in the Town. Whether or not it was true almost seemed inconsequential as she began to play to her base who showed up to the Town Board meeting on her behalf. There were other statements made about the Deputy Town Clerk that appeared to cross the line regarding HIPAA requirements, legal requirements and of course common courtesy. In fact, toward the end of the Town Clerk discussion portion of the last Town Board meeting, all of the Council members as well as Town Attorney Tim Lewis were repeatedly asking her to stop talking as she was probably violating HIPAA laws by discussing the medical problems of the former Deputy Town Clerk! Punishment for these transgressions? Not in Greenburgh.

While Ms Beville was unwilling to remain silent after the Board pleaded with her, Councilman Sheehan stated that the entire episode was not a racial matter and that the Deputy said she was going to quit because she had to keep training new people as well as continuing to do her own job as well. Because of the seemingly endless stream of trainings and her workload, she said she had had enough. Apparently, it was either Mr Feiner or the Town Board (or both) who decided to create and fill a new position at roughly $70+k per year with benefits without approval, a budget item or candidate search. THIS sounds like our Town Board. They also stated that the Town Clerk’s office would still have the same number of staffers working there, but training could now be done by Ms Beville. And yet Mr Feiner seems compelled to complain about the Fire Districts personnel issues. Those who live in glass houses should not cast any stones.

Word in the Town Hall hallways is that the Town Board doesn’t have faith that Ms Beville can adequately train those new people and that’s why they wanted to keep the former Deputy, even if it was in a different position. Maybe so. This isn’t the way to run a Town. It’s also proof of why we need term limits, even though those in office will never agree to relinquish their power until they've padded their coffers enough and are ready themselves to step down. When the Democratic electorate finally wises up, maybe we will see a change and get some new blood, new ideas and better thinking. Complacency is also alive and well in Greenburgh. It needs to change. Only then will we get A Better Greenburgh.

Edgemont Incorporation On Hold Due To Ruling

This story has been updated.

The Decision:

MATTER OF BERNSTEIN v FEINER

In a hybrid proceeding pursuant to CPLR article 78 to review a determination of Paul Feiner, Supervisor of the Town of Greenburgh, dated May 5, 2017, which, after a hearing, determined that a petition for the incorporation of the proposed Village of Edgemont does not comply with the requirements of Village Law article 2, and action, inter alia, for a judgment declaring that the petition for the incorporation of the proposed Village of Edgemont complies with the requirements of Village Law article 2, Paul Feiner appeals, Nancy Blank, Thomas Blank, Robert P. Cerrato, Lloyd Cort, Mona Fraitag, Joan Gardner, Glenroy Gordon, Tracy C. Mairs, John M. Martin, Edward Massena, Martin Payson, Helene M. Orce, Sylvia Simon, Donald Siegel, Joanne F. Siegel, William Stanton, Alice Strauss, and Steven J. Willard separately appeal, and Janet Linn and Hugh Schwartz separately appeal, from a judgment of the Supreme Court, Westchester County (Susan Cacace, J.), dated February 1, 2018. The judgment granted the petition, annulled the determination, declared that the petition for the incorporation of the proposed Village of Edgemont complies with the requirements of Village Law article 2, and directed the Town Clerk of the Town of Greenburgh to take all necessary actions to schedule an election to determine the matter of incorporation of the proposed Village of Edgemont.

ORDERED that the judgment is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, the petition is denied, the proceeding is dismissed, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an appropriate amended judgment, inter alia, declaring that the petition for the incorporation of the proposed Village of Edgemont does not comply with the requirements of Village Law article 2.

In this hybrid proceeding pursuant to CPLR article 78 and action for declaratory relief, the Supreme Court granted the petition pursuant to CPLR article 78 to annul a determination of the Supervisor of the Town of Greenburgh, which determined that a petition for the incorporation of the proposed Village of Edgemont does not comply with the requirements of Village Law article 2, and declared that the petition for incorporation complies with the requirements of Village Law article 2. The Town Supervisor found that the petition for incorporation failed to include a description of the territory to be incorporated that was “sufficient to identify the location and extent of such territory with common certainty,” as is required by Village Law § 2-202(1)(c)(1). That finding was not illegal, based on insufficient evidence, or contrary to the weight of the evidence (see Matter of Barnard v St. Lawrence, 44 AD3d 1037, 1038; Matter of Incorporation of Vil. of Viola Hills, 129 AD2d 579, 580).

The Town Supervisor also found that the petition for incorporation did not include an accurate list of the regular inhabitants of the proposed village, as is required by Village Law § 202-2(1)(c)(2). That finding also was not illegal, based on insufficient evidence, or contrary to the weight of the evidence (see Matter of Bernard v St. Lawrence, 44 AD3d at 1038; Matter of Baker v Heaney, 15 AD3d 577, 578; Matter of Elevitch v Colello, 168 AD2d 681, 682; Matter of Luria v Conklin, 139 AD2d 650; Matter of Incorporation of Vil. of Viola Hills, 129 AD2d at 580).

Accordingly, the Supreme Court should have denied the petition pursuant to CPLR article 78, dismissed the proceeding, and declared that the petition for incorporation does not comply with the requirements of Village Law article 2 (see Village Law § 2-210[1]; Matter of Bernard v St. Lawrence, 44 AD3d at 1038; Matter of Baker v Heaney, 15 AD3d at 578; Matter of Elevitch v Colello, 168 AD2d at 682; Matter of Luria v Conklin, 139 AD2d at 650; Matter of Incorporation of Vil. of Viola Hills, 129 AD2d at 580). Since this is, in part, a declaratory judgment action, we remit the matter to the Supreme Court, Westchester County, for the entry of an appropriate amended judgment, inter alia, declaring that the petition for the incorporation of the proposed Village of Edgemont does not comply with the requirements of Village Law article 2 (see Lanza v Wagner, 11 NY2d 317, 334).

RIVERA, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino Clerk of the Court

Clerk of the Court

Hartsdale Neighbors Association Update

Hello Hartsdale Neighbors,

We are excited to inform you about our next meeting.

Please join us at our next meeting of the Hartsdale Neighbors Association on Wed 10/17 at 7:30pm at Highview Elementary, 200 N. Central Avenue Hartsdale NY.

We will be featuring a Q&A Round table discussion with local real estate agents from Westchester Choice Realty, MJ Pastor Realty, and Grand Lux Realty. Please join us for a conversation about the local real estate market, industry trends and get the opportunity to ask questions.

We will also be giving updates on a bunch of important topics including 4 Corners, Edgemont Incorporation and Others.

Questions on any of the above? Something in the neighborhood you think we should be aware of? We can be reached info@hartsdaleneighbors.org. Or send us a message on Facebook. Check out our web page www.hartsdaleneighbors.org

Hartsdale Neighbors Association


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Tyler Rush Memorial Scholarship Fund Car & Truck Show

Spooktoberfest 2018

The Town of Greenburgh Department of Parks and Recreation would like to announce their annual Spooktoberfest event will be held on Saturday, October 20th from 12 noon- 4:30pm, (rain or shine) at the Hart’s Brook Park on Preserve, 156 Ridge Road in Hartsdale.

Spooktoberfest is the ideal family event where children can climb on  inflatable rides, get their face painted, take a hay ride through  the woods, visit with the animals from the Greenburgh Nature Center, and be entertained by musicians, clowns, jugglers and the Bubble Bus!

New for 2018 is David Engel’s “Wizard Academy” show, and live music by “Push for Heat”.

Feast on food from several of Westchester’s favorite food vendors including, The Grub Truck, Salsa Fresca, and the Gyro Uno Truck.

Tickets are only $6.00 per person and children under 2 years old are free!

Listed below is the entertainment schedule:

         “Larger than Life”:  DJ:  12 noon – 4:30pm

           Confetti Clowns:  12:45   - 1:15pm

          “Push for Heat” Band:  1:00 -3:00pm

           The “Captain Charlini” Magician: 1:45-2:30 pm

           Bubble Bus: 1:00-3:00pm

           David Engel: “The Wizard Academy”: 2:45 – 3:30pm

           Ned Gelfars, Comedy Juggler: 3:45 - 4:30 pm

           Greenburgh Nature Center Petting Zoo and Cider Press

   

 All parking and ticket sales for this event will be at Ridge Road Park, which is directly across from the Hart’s Brook Park and Preserve. Shuttle buses will be available from Ridge Road Park to the event. Directions and further information is available on the town’s website: CLICK HERE

For further information, please call 989-1822, or email pmurphy@greenburghny.com.

County Center Meeting About Flooding

This announcement from the Westchester County Representatives was just posted. While it's short notice, it may be helpful for Fulton Park and other Bronx River corridor residents and business owners to attend. Fulton Park Civic Association's Vice President Tom Bock plans to attend the 5pm meeting. If this goes through, it will provide increased flooding for us all! Please attend.

Dear Friends and Neighbors,
     As you may know, the Army Corps of Engineers is considering six different plans for coastal storm protection, many of which call for construction of massive, in-water barriers (giant sea-gates) in New York Harbor that would choke off the Long Island Sound and the Hudson River from where it meets the ocean. These barriers would restrict tidal flow, block the migration of fish and trap sediment, sewage, and contaminants, while also failing to address increased flooding and other exacerbating impacts of sea level rise.

     After the intercession of County Executive George Latimer and appeals from the public, environmental, and grassroots organizations, the Army Corps has scheduled two public scoping meetings for the New York-New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study at the Westchester County Center in White Plains on Wednesday, October 3, 3-5 p.m. or 6-8 p.m.

     So far, the Corps’ outreach for this project and related meetings have been limited.  Before the public comment period ends on November 5, we must show the Corps that communities take the human and environmental impacts of this project seriously and that they must prioritize public engagement. We don’t want them to think that a lack of turnout for this meeting indicates a lack of interest; we all know otherwise.

Will you join us at either of these two meetings on October 3?

New York-New Jersey Harbor and Tributaries Focus Area Feasibility Study Scoping Meeting

WHEN: Wednesday, October 3, 2018, at 3 PM – 5 PM OR 6 PM-8 PM

WHERE: Westchester County Center, 98 Central Ave, White Plains, NY 10606

Additional information on the NY-NJ Harbor and Tributaries Focus Area Feasibility Study is available at

http://www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/New-York-New-Jersey-Harbor-Tributaries-Focus-Area-Feasibility-Study/

Please consider attending and inviting your neighbors, as well – this is a critical time to speak out before the comment period closes on November 5 to prevent a short-sighted decision.