Wednesday, June 26, 2019

Greenburgh Politics Votes No Change

In a not-stunning-in-the-least primary vote, seemingly nothing will change in Greenburgh. Sure, change can be scary. So can the lethargic same-old, same-old mentality that seems to prevail. That's what the minute portion of Greenburgh Democratic voters decided last night.

With no surprises, the problems that plague the Feiner Administration will remain until the election which will invariably yield similar results. The results of the primary vote for the two Town Council seats and one Town Clerk seat played out this way:

GINA R JACKSON       2,706 or 41% of the votes. 
ERIC ZINGER              1,458 or 22% of the votes.
KEN JONES*               2,426 or 37% of the votes.
Office Totals               6,590 or 100% of the votes.

In the Town Clerks race
MARIA J PORTILLA    1,775 or 48%
JUDITH A BEVILLE*   1,947 or 52%
Office Totals                3,722 or 100%

*incumbent

Sunday, June 23, 2019

Democratic Primary, Not So Cut And Dry

The Democratic primary will be held on Tuesday. For a change, while not the actually election, there are some choices other than the tenured members of Club Democrat. Each candidate has produced the requisite position draft and the incumbents have touted their “accomplishments”. Fact or fiction? You’ll have to decide. Worth noting: there is an ethics complaint that’s been filed against incumbent candidate Councilman Ken Jones by Rodney Lederer-Plaskett, that relates to the Greenburgh Housing Authority(GHA), and Mr Jones’ participation while working for the law firm that represents the GHA, working as the Town Board liaison to the GHA, and that that same law firm, Bozeman Law firm of Mt Vernon, also sues the current residents and past residents of the GHA facilities!

Read the details of the complaint:
https://drive.google.com/open?id=1IiCywtfceH00lS2GBwecVJeH71yMoLqF
(if the link doesn't automatically take you to the document, copy and paste the link into your URL address field)
Read the details of the exhibits:
https://drive.google.com/open?id=1DLPUd39IJgRwdTC-DsMsc_7-AWkYtfHR
(if the link doesn't automatically take you to the document, copy and paste the link into your URL address field)

If that weren’t enough, new candidate Gina Jackson, recently returned from living in Atlanta Georgia, utilized the GBList (Town email list), violating court rulings established in the judgement in Livson v Town of Greenburgh. You may recall that Ms Livson took the Town to court after being refused the GBList from Mr Feiner and the Town Attorney. They stated it was confidential and didn’t want it used for political (really anti-Feiner) purposes. In short, Ms Livson was battling Mr Feiner and GameOn 365 and believed he was sending out false information to residents via the GBList and wanted to be able to present the other side to the many arguments and statements being made and the truth to residents. She won the court case with a determination that the list would not be used for political or commercial purposes.

Ms Jackson is on Team Feiner, which means the rules and laws don’t apply to her or them. We watched Mr Feiner disregard the law whenever he found it to be a nuisance or simply inconvenient. The GBList was used by her for political purposes several days ago to solicit campaign funds. That was wrong. But the beauty of being on Team Feiner is that there are enough Democrat District Attorneys and Judges that will not do anything about this. So even if someone were to hold her feet to the fire, nothing will come of it. She may have even asked (we doubt it) Mr Feiner about using it to which his reply would be to not worry about it, we’ll beg forgiveness. It’ll go no where. In fact, Ms Jackson sent out a second email utilizing the GBlist.

New candidate Eric Zinger appears to be the only candidate unencumbered by the politics of politics and appears to be the one honest candidate who has followed the letter of the law, played by all of the ridiculous rules designed to favor the incumbents and is doing this for the right reasons. In fact, when the Democrat Club shunned him as he sought a Town Board nomination, he went out on his own and got the required petition signatures necessary to qualify for a run in the primary anyway. This is the kind of drive that should impress voters of any party. 

At the end of the day, this election should be about what our Town Council is doing for all resident taxpayers and business taxpayers and not about special interests, returning favors and/or ignoring the laws. The current Town Board does what it wants with impunity and without regard to what the taxpayers want or need. Instead of complaining about President Trump or the federal government this or the state government that, we need to focus on not getting sued all the time and losing. We need a real Town Legal department that will guide the Town officials to make legally sound decisions and not because it’s something they want but because it’s the right thing to do. If we had new people filling these positions, not the same old, same old, year after year and not under Mr Feiner’s thumb and reliant on his campaign machinations, funds and GBList, maybe we’d see a change that the Town so desperately needs. It needs to start with this primary. It’s the only way to get A Better Greenburgh.

Thursday, June 20, 2019

More Conflicts Of Interest, Lies and Ethics Violations

After we published the article about Mr Jones unrelenting drive to pass resolutions TB1 & TB2 on a previous Town Board agenda (see Monday, June 10, 2019 Misdirection, Lies and Ethics), we felt as though we were watching the “Greenburgh sausage” being made. We continued to dig and uncovered even more information that raises doubt about Mr Jones' sincerity of following an ethical course as a Councilman for the Town, liaison for the Greenburgh Housing Authority (GHA) or as an officer of the courts.

You'll recall during the meeting that Councilman Jones made a motion to vote on TB1 and TB2. Councilwoman Hendrickx, newly appointed moments earlier that same night, seconded his motion. After some back and forth, Councilman Sheehan requested those two resolutions be held over. Another argument ensued as Mr Jones insisted they vote on the resolutions. Mr Sheehan insisted that their rules and past procedure allowed any councilperson to hold over any resolution without cause. He's correct and even Mr Jones has held over resolutions. 


There was a contentious back and forth when someone said that Tim Lewis is the "Town Parliamentarian" and should tell them how they can proceed. At which point he said move to suspend the rules and then move the vote. We are not Parliamentarians but we have at least held a copy of Roberts Rules and question the legality, ethics and sensibility of this maneuver. Both resolutions passed with Councilwoman Juettner abstaining, stating they've never done this before and Mr Sheehan voting no. 

One of the issues we’ve uncovered was that Mr Jones, as liaison for the Town Board with the GHA, was also an attorney for the Bozeman Law Firm in Mt Vernon, NY. The Bozeman Law Firm is the law firm that represents the GHA. At one point in the arguing during the meeting, Mr Sheehan stated that a Town Board member even asked the Board of Ethics in 2018 about a possible conflict of interest. That got a rather loud and emotional reaction from Mr Jones. He claimed he had not gone to the Ethics Board and that Mr Sheehan’s assertion was ridiculous. Mr Sheehan said he never mentioned any names. But ABG will. We acquired a copy of the Ethics Board minutes and it shows below, Mr Jones appears to be lying, he was in attendance and he did in fact ask them for an unofficial ruling just as Mr Sheehan recounted. See below:


























Mr Jones also stated that he no longer worked for the Bozeman Law Firm. But an email that was forwarded to us partially indicates otherwise. It shows that Mr Jones still may have an active address with Bozeman Law, which is indicated by the address at the bottom of the email. If he simply rented space from Bozeman it would still constitute a business arrangement and be wrong as well as unethical! Notice also that this is his private Gmail account with the Bozeman mailing address. Could he be using this to keep from having certain communications as a Town Board member from being F.O.I.L.-ed?
See below:















So with staffers digging, we checked the Board of Elections records for Mr Jones’ campaign donations. We found several interesting donations to the Committee To Elect Ken Jones, by people connected to the Town Board or seeking positions in the Town Administration. The first is from sitting Town Councilwoman Diana Juettner for $90; next is from Town Clerk candidate Maria Portilla for $50; Alfreda Williams for $200; Mona Fraitag for $500. Ms Fraitag was appointed this year to the Planning Board. There are others but we believe the next two are significant: Andre Early, Commissioner at the Theodore Young Community Center, for $75 and the Bozeman Law firm for $500! Sounds an awful lot like pay to play? 

Next up, we learned that there is an Ethics Board complaint that has been filed against Mr Jones. We sent a Freedom of Information Law (FOIL) request to the Town Clerk requesting a copy of the complaint. This request was turned over to Town Attorney/HazMat Mitigation Specialist/Town Parliamentarian Tim Lewis who determined it should be rejected and cited what we believe is an unrelated case of the Herald Company vs City of Syracuse School District where the school district denied disclosing the name or charges against a tenured teacher.

Mr Jones, while believing Town Council positions may be a tenured position, is not a tenured teacher. Nor are we seeking the name of whom the complaint is made against, we already know it’s Mr Jones. What we want to know is what the complaint is for and who made the complaint? Actually, we know that Mr Rodney Lederer-Plaskett submitted the complaint, and ABG will be writing more about this soon. Once again Town Attorney Tim Lewis tried to cite an irrelevant case to stall our information request, a common tactic from this Town administration. But his case is not related to the requested information at hand and should have been released.

Moving right along on the Ethics Express, ABG learned a lawsuit has been filed by the Legal Services Hudson Valley (LSHV) group announcing that they have filed a federal lawsuit on behalf of five current and former tenants of the GHA against The Bozeman Law Firm, PLLC. The Mount Vernon law firm which represents the GHA (a public housing authority) in landlord-tenant disputes lawsuits.

The lawsuit claims that Bozeman Law repeatedly sues tenants in the GHA’s housing sites who receive Section 8 federal housing benefits for non-payment of rent, even though Bozeman Law knows that the sums it seeks are not “rent” by law and often not owed by the tenants. If a tenant obtains a lawyer, many have used LSHV staff attorneys to defend them, Bozeman Law immediately withdraws the legal proceedings. Shortly thereafter, they will re-initiate the same lawsuit based on the same or similar facts. This process is repeated again and again. There’s more but you get the idea.


So if Councilman/Liaison/Attorney Jones is/was/remains on the Town Board as a Councilman, how is it not a conflict of interest that he worked for the Bozeman Law firm who represents and also sues the residents of the GHA? Is the liaison (Jones) to the GHA with copious amounts of information from both sides, both suing and getting sued, over the same matters? And did he ever share any of this information with Town Attorney Tim Lewis, Supervisor Feiner and the Town Board? When he went to the Ethics Board to question a conflict of interest, was the entire story laid out to them or just a partial story or any story at all? Mr Feiner appoints the Ethics Board members. Is that a conflict of interest as well? The taxpayers deserve answers and justice. 

Finally, with the Democratic primary only days away, we’ve learned about the deals that were made behind closed doors for this election. Mr Feiner was promised the Democrats’ endorsement if he endorsed the entire ticket which did not include Gina Jackson at the time. He’s done that. It’s apparently the third or so time Mr Feiner has had the party endorsement. The Democrats’ logic is interesting now that Councilman Morgan has passed away. They will take Ken Jones over Eric Zinger because they don’t believe they can control Mr Zinger. They’re also afraid of Ms Jackson because she might be an independent thinker. We still believe Mr Zinger and Ms Jackson are the preferred candidates

We know politics is an ugly machine for most people and they tend to stay away from it. Most people are usually clueless to know the inner workings of Greenburgh politics. We hope that we’ve helped you get a glimpse into what’s going on. If you can, please go vote in the Democrat primary on Tuesday. We suggest moving away from Mr Jones this time around and hope others will take this information and finally do the right thing for our Town. It will make for A Better Greenburgh.

Wednesday, June 19, 2019

Eric Zinger For Greenburgh Town Council

Dear Greenburgh,

My name is Eric Zinger and I am asking for your vote for Greenburgh Town Council at the 6/25 Greenburgh Democratic Party Primary Election. Let me introduce myself to those of you who may not know me. I was born in East Meadow (Long Island) and attended the University of Maryland where I graduated with a degree in Finance in 2006. I returned to New York, spending a few years in Manhattan, before moving to Hartsdale in 2013 with my wife Megan to purchase a home and start our family. We live there now with my son and daughter and you will see us walking our dog Pete around the neighborhood. I work for a Financial Technology company in our Treasury department and I hold the Chartered Financial Analyst designation.

I have been an active member in my community since moving to Hartsdale. Some of you may know me from my role as President of the Hartsdale Neighbors Association (HNA). HNA has recently led initiatives that have included successfully advocating to close down illegal massage parlors in Hartsdale and leading the citizen’s movement to revitalize the Four Corners intersection. What I am most proud of in my time with HNA is our work to get people more involved in the community. HNA members have been appointed to several important local Town and Municipal Boards and we now have a Hartsdale that is more informed and engaged than at any point in recent memory. As we have seen in the past year of the Blue Wave, a new generation of political leadership is emerging in the Democratic Party and I want to bring that fresh energy to our Town.

I have been attending Town Board meetings for years and I know firsthand the problems that Greenburgh residents face in working with the Town. It is important that we have someone on the Town Council who has a financial background in order to help guide the Town in the new uncharted era of capped SALT deductions. Now more than ever, we depend on our local governments to respond to the needs of the community.

I have many specific ideas and policies that I think Greenburgh residents could benefit from. Here are some of the many ideas that I would work to implement in my time as Councilman:

1. Controlling property tax growth in the new, uncharted era of the SALT deduction cap; in my first two years I will only vote for budgets that hold the property tax rate flat. Greenburgh residents need tax relief while the town assesses the impact of the SALT deduction cap. This is possible with the right combination of fiscal discipline and planning.
2. Hiring a Business Development officer whose focus will be attracting business to Greenburgh, helping new and existing businesses navigate our regulatory landscape, and applying for grants to help bring jobs and development to our Town. We need to expand the property tax base by encouraging (not frustrating) responsible development;
3. Term limits are a vital reform that would encourage public participation in our town government. The lack of term limits gives rise to an insular culture that makes politicians complacent and reluctant to tackle tough issues. I am calling for 12-year Term limits for all elected Greenburgh officials.
4. Increasing Community Involvement- Our residents are our greatest asset. Greenburgh is a place filled with educated professionals in a wide variety of fields. We need to get people more involved in local government. We do that by respecting them and their time. Resolutions should be posted in detail online 24 hours prior to any vote and Public Comment should be prioritized at Town Board meetings to occur earlier in the agenda.
5. Edgemont Incorporation- As many people are aware, Edgemont is trying to become the 7th village in the Town of Greenburgh. I believe that Unincorporated Greenburgh is much stronger united, and hope that Edgemont does not incorporate into a village. Edgemont represents 17% of the population of Unincorporated Greenburgh and 27% of the tax revenues. If Edgemont were to incorporate, we would have to take a hard look at every aspect of Town Government to see what is most necessary to preserve. It is hard to see a future with an Incorporated Edgemont that does not result in some combination of service cuts and tax increases. I am running because I want to repair the relationship between the Town and the Edgemont community. I believe eventually, there will be a vote on incorporation and when that vote happens, I hope Edgemont residents choose not to incorporate.

I believe that civic engagement has never been more important than it is now.

If you have questions on these or any other topics, please email me at eric@ericzinger.com. You can also go to my website www.ericzinger.com or my Facebook page https://www.facebook.com/EricZingerForGreenburghTownCouncil/. Thank you for your time and make sure to get out and vote!

Eric Zinger

Tuesday, June 18, 2019

ShopRite Welcomed AND Rejected By Community

We've previously written about the Multi-Plex movie theater closing on Saw Mill River Road in what's referred to as North Elmsford. The theater  has finally officially closed about two weeks or so ago. A ShopRite supermarket is planned to be built after the movie theater building is torn down. While the Town and the attorney for the property owner are not at liberty to say which store brand it is, many in Town Hall have shared the information. We believe this was to quell the rumors that a Walmart, a Wegmans, CVS and other stores of various names would be moving in. Ironically, a Grand Union, Masters Department Store and later a Masters Liquor store resided there for years many years ago.

The Town's Planning Commissioner Garrett Duquesne agreed to meet with the Westchester Hills Condominium Association, Beaver Hill Civic Association, the Pocantico Park residents and the ShopRite developer's attorney, William Null of Cuddy and Feder. While many were saying this was a ShopRite, Mr Null remained steadfast in refusing to acknowledge his client until the contracts are signed and he gets the go-ahead to release the name. While Freedom of Information Law requests take agonizingly long to get from Town Hall, this information is readily shared in an otherwise porous Town Hall.

There was an overhead projector set up displaying the first slide of their presentation.  The grade, or pitch of the parking lot and how it slopes down to Saw Mill River Road (9A), is no longer allowed by code and will pose one problem for constructing a new supermarket in that location. The excuse for lowering the lot and reducing the grade was to stop car doors from swinging open and hitting cars next to them. The other reason is to stop runaway shopping carts from soaring down the lot hitting parked vehicles, people or going into traffic. Who knew supermarket parking lots could be so perilous?

But what would likely be the most vociferous complaint of everyone in attendance was when the slide was changed to show traffic patterns. Those in attendance didn’t even wait for the explanation and jumped on the small detail of the parking lot opening onto Old Country Road. 
“Is that parking lot opening onto Old Country Road?” someone shouted out. Several people jumped into that conversation.
“We already have too much traffic on that road as it is with cars AND trucks coming and going to Executive Boulevard businesses.”
“We’ve had cars go into our backyards, claimed a homeowner on Orchard Lane.




















“We're okay with a supermarket as long as it doesn’t open up onto Old Country Road!” The developer also had several variances it would need for the project: an increase in the exterior lighting from 14ft to 20ft; a 24-7, 365 days a year operation, increased number of sign and sizes of signs and a reduced amount of parking spaces from what is currently there.

Regardless of what the representatives tried to discuss from that point on, residents were only interested in one thing: not opening access to Old Country Road. Some even suggested removing some parking spaces to accommodate the trucks and tractor trailers entering from 9A going up the drive on the left-hand (north) side drive, making their delivery and exiting on the southern side back to the traffic light entrance where they came in.

Also in attendance and each sitting by themselves were Mr Feiner, Mr Jones and Mr Sheehan. At one point Mr Jones and Mr Feiner spoke and when Mr Feiner identified himself, a long-time resident said, “Wait, you’re Paul Feiner?” He waffled a bit because while someone else had shouted out this was a done-deal, Mr Feiner’s classic two-step shuffle veered the conversation toward coming up with a compromise --a classic ploy when his original decision bites him in the butt.

After pitching what might be an alternative, the attorney William Null of Cuddy and Feder said they can revisit the plans but there is little to no room for alterations from this plan. Heres what we think happened: ShopRite and their representatives met with Mr Feiner and maybe one or two Board members along with Mr Duquesne to discuss redeveloping the property. He either told them or strongly alluded that he would make the Town Board the lead agency for the project and as long as the project fits the zoning, they build a sidewalk to nowhere, somewhere to be determined later, make a donation or two to some fund within the Town, donate a fire truck, etc., and they'll sail right through the approval process. Once all the ducks were in the flooded 9A row, he had one more stipulation, which was present it to the condominium owners.

Most people in most neighborhoods do not pay attention to what is going on in the Town. We call it OIMBY. People get involved when it’s Only In My Back Yard. It’s then that they show they are concerned with their quality of life, their families, work, school and affordability. This project will have a direct impact on all of those for the people in the immediate area, Beaver Hill and the housing to the north that abuts this property. Despite the fairy tale they were being told, Mr Feiner and his Town Board do not really care about them (“Wait, you’re Paul Feiner?”) which is why this moved ahead to this point. Here, the populace has been awoken only to learn their well-being was again ignored for what Mr Feiner wants. He should have had the community meeting before he had the developer meeting. But he really is out of touch with the Town constituency and once again, he did not do what is right for the residents. This has to change. Were sure there will be more to this story. It’s what will make A Better Greenburgh.

Sunday, June 16, 2019

Pre-Primary Democratic Candidate Forum

Three ABG staffers attended the Candidates Pre-Primary Forum at Town Hall on Thursday night. It started on time, unlike every Town Board meeting which starts late to the detriment of many audience members or taxpayers wishing to speak or be heard or are being time-constrained by childcare issues or work the following day. Remember this point, you'll see this again. The event was hosted by the Council of Greenburgh Civic Associations and moderated by the League of Women Voters. When CGCA Chair O'Shea asked the audience to join in a pledge of allegiance, the apathetic crowd hesitantly and seemed to begrudgingly participate. Pathetic.

The first face-off was between 10-year incumbent Town Clerk Judith Beville and her challenger, Maria Portilla, who is endorsed by Mr Feiner. Having won the draw, Ms Portilla read her opening statement first, saying that the Town Clerks office is in crisis. While it was a good catch-phrase, and may be correct, she used it a little bit too much. However, it also established the core argument for her candidacy and apparently rattled incumbent clerk Judith Beville. Ms Portilla is a Senior Case Worker for the Westchester Department of Social Services and mentioned several innovations that she will implement as Town Clerk. Frankly, they should have been implemented long ago.


When it was Ms Beville's turn, she listed the accomplishments that she has overseen, stressing that she has a Bachelor of Arts degree and a Master's degree in Public Administration, stating that the Town Clerks position is not an entry-level one. That said, elections are about change if warranted or desired by the populace. And yet, Ms Beville started out as the Town Clerk after being elected and did not work her way up through the ranks to become Town Clerk. So it appears that it is an entry-level position after all.


During this brief period of campaigning, we've seen Ms Beville out and about more than usual and heard people discussing her office more than ever. Specifically, that she's had a complete changeover of personnel, disclosed HIPAA information of a former staff member and shredded numerous boxes of files erroneously. She mentioned her Masters Degree in Public Administration several times which is certainly an accomplishment to be proud of and we respect. However, simply having an academic degree doesn't necessary make you qualified in a particular field. A bit of irony was that while Ms Beville was speaking, the buzzer/timer that she usually operates for the Town Board went off and forced her to stop speaking -- another issue people have complained about during her campaign is that she injects herself into discussions during the Town Board meetings.

The next phase was the asking of questions which were all submitted by audience members prior to the event's start. The t-ball questions that were asked were quickly answered at which point the moderator said they were out of questions and then asked the audience if anyone had any additional questions? There was a flurry of activity in the back of the room as audience members submitted more questions, which were mostly a rehash of what had already been discussed, and covered no new ground. It was embarrassing that so little specific issues and actual solutions went unaddressed. 

It was also disappointing that Ms Beville's record remained unchallenged. While she touts improving response times for freedom of information requests, she contradicted herself by saying it's the department heads that don't respond in a timely manner. So while it may not be her fault specifically, she hasn't improved those response times. She boasts about internships and while Mr Feiner also touts and utilizes interns, that hasn't reduced our taxes or facilitated a better operating government. It also seemed that she started each of her answers with a qualifying comment that she was not responsible for this or that. It was always someone else's fault.


Finally concluded with no real enlightenment for Town voters, a short intermission allowed for some unearned back-slapping until the Town Board candidates took to the dais with the same moderator. Those candidates were Eric Zinger of the Hartsdale area, Ken Jones of Parkway Homes area and Gina Jackson, all of Unincorporated Greenburgh. The moderator seemed to struggle reading the questions that were submitted. These questions were now elevated to softball-level questions, a step up from the t-ball questions asked earlier. It should be noted that these are all candidates of the same party so going into this already accounts for a lack of challenges. Again, we had hoped for more.


All three gave an opening statement with Mr Zinger going first, stating that this was the first time in 12-years that voters had an opportunity to vote for challenged seats. That remains to be seen. As an incumbent, Ken Jones enjoys a certain amount of "incumbency lead" that should automatically help him in the primary vote. So, if the voters follow past practices, they'll re-elect the incumbent and elect one new candidate. The real "choice" might only be between Mr Zinger and Ms Jackson. We hope that is not the case and finally breaks the stranglehold at Town Hall.


We expected Mr Zinger to go after Mr Jones and his ethical challenges (read our previous article of Monday, June 10, 2019 - Misdirection, Lies and Ethics). Instead, Mr Zinger discussed his time living in Hartsdale, working in the financial world, and how the Hartsdale 4-Corners has declined for years until he, along with others, formed the Hartsdale Neighbors Association and got more involved with the Town government. He stated he would like to see the Edgemont Community not incorporate and stay within the Town and is willing to work towards that end. He also lamented how frustrating is is for residents to have to wait for an opportunity to speak at Board meetings. And of course, he, as well as the others, said we must make Greenburgh more affordable.


Incumbent Ken Jones opened with the statement that since he has been on the board we haven't had any Fortress Bible Church-type lawsuits.
That's one hell of an accomplishment. Perhaps after being surrounded by so much bad that this actually looks good to him. It's not. You'll recall that Mr Feiner and the Town were found guilty of 7-counts of discrimination, including lying under oath, destroying evidence and more in the Fortress Bible Church discrimination lawsuit and fined $6.5 million dollars. $5.5 million of which the insurance company refused to pay (nor has to) because Mr Feiner was found guilty in Federal Court. Mr Jones conveniently neglected to mention the two pending lawsuits currently underway and during his watch: the Dromore Road lawsuit and the Ferncliff Cemetery lawsuit.

Ms Jackson stated that she had lived in Atlanta and moved back to Greenburgh and is living with her mother, "Thanks, Mom." She did say she cannot afford her own home. This seems to be a never-ending complaint of every younger generation. Many of us couldn't afford our own places when we started out so we lived with our parents, got a place with friends and had roommates until we got married or better jobs or both. Sorry, but owning a home where you prefer to live is not a right and is something to strive towards. Government trying to control housing either directly or through legislation never accomplishes much except creating more government jobs and restrictions that keep many of these same generations that it's said to be for unable to move in. That's why there are apartments. However, in this case the argument made her the face of the point which could help her.


One question that was asked of all the candidates was what they would do to increase public participation at Town Board meetings. We've written often about the G10, those ten or so regulars that show up to the meetings and speak. In fact, we've also mentioned how the Town Board actually engages in back and forth conversations with new, uninitiated first-timers. The G10 are never given the same courtesy unless it's to somehow make the Board look good.


Mr Zinger said he would start the meetings on time, have documents that are slated to be discussed or voted on available at least 24-hrs earlier so residents have a chance to study them and treat people with respect. Ken Jones said starting the meetings on time would help. The audience laughed, acknowledging that he is a part of the reason the meetings start late. He also stated he wants to get Dial Democracy working. Keep in mind that Dial Democracy hasn't worked in years and falls under the Town Board's purview. For those unaware because it doesn't work and may note know about it, Dial Democracy is the hypothetical ability of Town residents to telephone directly into Town Board meetings, on air, and ask questions of the Board during the meeting. Mr Jones is the one candidate in the position to do something about this but has not. When the question of creating leaf blower usage legislation came up, he stated there were already leaf blower ordinances on the books but enforcement is difficult as response times after a complaint is made may find the offender finished or gone before the police can get there.Mr Jones apparently can recognize the problems but is unable to solve them even years later.


Ms Jackson would like questions to be able to be submitted online so that more people could be engaged in issues. She also said she is a stickler to start on time. When responding to the question of leaf blowers noise, Ms Jackson clearly didn't know there were already ordinances on the books and suggested we could use ordinances to control the noise. We appreciate that Ms Jackson is newly returned to the area. Perhaps its a bit premature for her to run at this juncture, perhaps not. Even with this faux pas, we need fresh, non Feiner-mandated thinking on the Board.
Although, the fact that she is on Team Feiner means she won't really have to worry about what she knows or not.

We'd like to mention one other question that was asked and that was if the candidates supported term limits. Mr Zinger readily said yes, he supports term limits. Ms Jackson said she did not and stated that that was what elections were for. Mr Jones said he would support a three-term limit and gave an obviously well-thought out and yet convoluted answer. He said yes but for three terms of 4-years each (currently at $79k/year plus benefits that, if declined pays them even more money). He claimed that the first term you are learning the ropes and are voting on issues that were not yours. The second term you are starting to work on your issues and the third term you are bringing them to fruition. It was an impressive conveyance of what is wrong with government and many of our elected officials. If you need twelve years to implement anything, but cannot get Dial Democracy working in four, you are the wrong person in that office.

In the end, many people left this meeting disappointed because they didn't learn much if anything they didn't already know. However, we believe Eric Zinger was the strongest of the three candidates and actually offered a few solutions while the other two spoke in generalities and platitudes. Even so, we wish the candidates luck and hope the democratic crowd that will vote in this primary on June 25th will give some thought to this year's vote and consider a different mindset when voting. It will help to make A Better Greenburgh.

Happy Father's Day


Saturday, June 15, 2019

Monday, June 10, 2019

Misdirection, Lies and Ethics

It's no secret that our incestuous Town Board lies whenever convenient and makes decisions based on those lies. Mr Feiner, including then-Town Councilwoman Timmy Weinberg, was found guilty of discrimination in a Federal Court case that the Fortress Bible Church brought against the Town a number of years ago. Included in the 7-guilty verdicts were lying under oath and destroying evidence. Those lies cost the taxpayers $5.5 million dollars after the insurance paid $1 million. So it comes as no surprise that the autonomous inbreeding on Hillside Avenue has finally come to fruition. Now the rats are attacking themselves. 

Watching the Town Board meeting of May 22nd showed some of this infighting. Case in point was over TB1 and TB2 on the agenda. Below is the summary of each of those:

TB 1 - 5/22/19 Resolution authorizing the Town Supervisor of the Town of Greenburgh to enter into a Municipal Fee Agreement with Manhattan Avenue Senior LLC whereby Manhattan Avenue Senior LLC will pay a fee to the Town in the amount of $100,000 as reimbursement for the costs and expenses related to the development of up to (#units) residential housing units for seniors aged sixty-two (62) and older [#units still needs to be determined by the Town Board-- 66 or 82] (Held over to Town Board Meeting of June 12, 2019) 

TB 2 - 5/22/19 Resolution authorizing the Town Supervisor of the Town of Greenburgh to enter into a Tax Exemption Agreement with Manhattan Avenue Senior Housing Development Fund Corp., a New York not-for-profit corporation, which will hold title to the property located at 48, 50, 54, 56 and 58 Manhattan Avenue, currently owned by the Greenburgh Housing Authority, for the benefit of Manhattan Avenue Senior LLC, a for-profit entity that is a party to the Agreement, for the purpose of exempting an affordable housing project for seniors aged sixty-two (62) years and older from all local and municipal taxes (meaning all real property taxes levied by the Town of Greenburgh, the County of Westchester, the Greenburgh Central School district or any other taxing jurisdiction), other than assessments for local improvements and special district taxes, 100% of the value of the Property and Project for a period of thirty (30) years.(Held over to Town Board Meeting of June 12, 2019) 

It begins to get interesting at eight or nine-minutes into it after Bishop Preston took to the microphone and accused the Board of dragging its feet on approving the Municipal Fee Agreement with the Greenburgh Housing Authority (GHA). Bishop Preston proceeded to complain that it should not take this long to approve and that the Board should give a tax exemption or do a P.I.L.O.T. (Payment In Lieu Of Taxes) program in hopes of expediting the program before the Board, adding what they were doing was disrespectful and dishonorable to the seniors. He claimed that it had been pushed back numerous times again and again.


Mr Jones pontificated about being the Greenburgh Town Board liaison with the Greenburgh Housing Authority and that he was very aware of what was going on and that the agreement should be voted on, adding the GHA have come before them with their professional representatives and there is no reason not to take this vote. It’s just the tip of the iceberg and that this should not be held over. He then moved to vote on it. After being newly appointed that same night, Town Councilwoman Hendrickx fell in line and seconded the motion. 

True to his flawed character, Mr Feiner originally had postponed the vote late in the day but now confronted by an irate Jones, jumped on his bandwagon expressing his support for it, saying it was not a perfect agreement and we’ll have a real crisis if they don’t move forward with this. He continued that this is a crime that Greenburgh is not leading the way and voted yes. He also referenced the lack of funding for WestHelp and how it is wallowing due to a lack of funds. He neglected to mention that the entire WestHelp debacle and its current state was caused by him and his complicit Town Board. This too has cost taxpayers millions of dollars every year! 


Then Councilman Sheehan began to speak about the reason this resolution had been pulled from the agenda which was to give the new Board member (Hendrickx) time to study it before voting on it and got into a verbal back and forth with Councilman Jones. Mr Jones stated he knew nothing of the resolution being pulled from the agenda. Sheehan said that since Mr Feiner advertised this as being pulled from the agenda, many have not attended that night's meeting. He went on to discuss the affordable vs low income categories and the lack of paperwork that he's requested for at least two years to support the verbal commitments made to the Board. They’ve received nothing. 

Both Mr Jones and Bishop Preston (from the audience) stated the paperwork couldn’t be drafted until their petition was approved. If this was true, the paperwork could have been drafted, submitted and held contingent upon approval of the application. Mr Sheehan also stated he sees this lack of paperwork as contributing to the destruction of the Greenburgh Housing Authority. Frankly, it appears that this paperwork could have easily been drafted and submitted during that two year period. This seemingly small stumbling block could have been easily addressed during that time and this point would have been moot. As a matter of fact, taking two more weeks or so after over two years seems more than reasonable. 

Mr Sheehan then stated that the Housing Authority and the developer are using the same attorney, Lucia (last name unknown). Mr Jones interrupted him and said, “No they’re not. No they’re not. That’s a misrepresentation.” Mr Sheehan said she represents both, to which Mr Jones responded she represents the development company that both the Housing Authority and Georgica Green Ventures have formed together. The GHA has separate counsel. Mr Sheehan asked Mr Jones twice if they've actually formed that company and he did not answer. Once again, from the audience Bishop Preston could faintly be heard saying not until they get this resolution approved. 

The meeting seemed to devolve even faster from that point, especially when Mr Sheehan pointed out that a Board member went to the Ethics Board to find out if they should abstain from voting on GHA issues. That woke Mr Jones up who loudly told Mr Sheehan that that statement was not true and that he did not go to the Ethics Board. Mr Sheehan responded by saying he had not mentioned anyone by name. So we wonder, was Mr Jones feeling guilty about just lying to everyone thinking we wouldn’t find out?

Below is an excerpt from the Ethics Board’s May 8, 2018 meeting minutes which we made blue to distinguish it and bold to highlight the pertinent facts:

MINUTESTown
> of Greenburgh Board of EthicsTuesday,
> May 8, 2018 6:30 p.m.Town
> Hall, Steven Belasco Conference Room
>
>
> Board
> Members Present:
> Doris Friedman, Esq.; Carol Sarcinella, EdD; Blase Spinozzi,
> Craig Zumsteg.
>
> Volunteer
> Counsel.
> Joseph Malara, Esq.
>
> Also
> present:
> Ken Jones and Francis Sheehan

>
>
> Meeting
> was convened at 6:38 p.m. A quorum of the Board of Ethics
> was present.Adopted the Agenda.Adopted the Minutes of the March 20, 2018,
> meeting.The Chair Doris Friedman, Esq. thanked Carol
> Sarcinella for filling in during her absence.Correspondence. The e-mail received from the Town
> Clerk, Judith A. Beville and the response were
> noted.The Advisory Opinion regarding David Cannon’s
> request will be discussed at the next meeting.Ms. Friedman will write to Steve Grant inviting
> him to the next meeting of the Board of Ethics.Financial Disclosure. Blase Spinozzi reported that
> David Fried, Esq. stated as of May 2, fifty-nine percent of
> the employees and twenty-eight percent of Boards and
> Committees were in compliance returning disclosure
> formsEthics Training. Blase Spinozzi said David Fried
> will discuss with the Town Board the possibility and date
> for the ethics training presentation. Ken Jones
> made an informal request for advice on how to proceed in
> future decisions involving his position on the Town Board,
> his liaison with the Greenburgh Housing Authority for the
> Town Board, and the legal firm he serves “of counsel.”
> The Board of Ethics recommended that he recuse himself from
> any decisions involving his firm and the
> Town.


This clearly shows that Mr Sheehan's assertion was accurate and Councilman Jones is not telling the truth. The legal firm he is referring to is Bozeman Law firm (see pic below), which we just captured Sunday from their website (https://www.bozemanlawfirm.com/profiles.htm). 













Mr Jones could argue that he left his firm in the Spring 2019, a few weeks  prior to the vote in question and that technically his May 2019 vote was not barred by the Town Ethics Ruling. Unfortunately, the Town Ethics Code does not directly address a “cooling off” for private sector matters. However, the NY State Joint Commission on Public Ethics “plain language guide”  is very clear with its “reverse two-year bar” for public officials in dealing with matters that involved a former private sector employer. Again, technically, the NYS employees ethics rules might not bind town employees, but that is a very weak “ethical” position for Mr Jones to take. Perhaps he subscribes to Mr Feiner's methodology to ignore any laws or standards he doesn't like? By the way, Mr Feiner appoints all Ethics Board members which gets ratified by his Board.

Below is an excerpt from of the NYSJC Public Ethics rule. We made it blue to distinguish it and bold to highlight the pertinent facts:
REVERSE TWO-YEAR BAR
If you are entering State service from the private sector, the “reverse two-year bar” may, depending on the circumstances, require you to recuse from matters directly involving your former private sector employer for a two- year “cooling off” period.
The Commission interpreted Public Officers Law § 74 to contain this “reverse two-year bar” in Advisory Opinion Nos. 98-09 and 07-04.
In practice, the “reverse two-year bar” prevents the appearance that you, in performing your State duties, may give preferential treatment to, or be unduly influenced by, your former private sector employer.
If your Ethics Officer or JCOPE determines that recusal is appropriate, it runs for two years from the date that you terminated employment with the private sector employer. 
Link:


Watching the Town Board meeting shows just how dysfunctional this Board has become. Mr Jones made a motion for the Board to vote on the proposal and it was seconded by newly appointed Councilwoman Hendrikx. Mr Sheehan said, we believe correctly, that any Board member can move to hold-over any item without cause and he was doing so. Mr Jones objected. They argued some more and finally Town Attorney Tim Lewis, referred to as the Board's Parliamentarian, suggested suspending the rules -- basically to thwart Councilman Sheehan's request to pull the resolution -- and allow the vote that Councilman Jones wanted. Not only can you not vote to suspend your rules so you can have a favored or controlled outcome, but doing so may violate the Town charter. So after they voted to suspend the rules (Yes vote by Hendrickx, Jones, Feiner) Juettner abstained saying they've never done this before, and Sheehan voted no, they then voted for the the original resolution with the same comments and counts. Suspending or changing the rules to control the outcome is like passing a law to say murder is not illegal so you can't be found guilty of murder after you've killed someone. 

What probably most important here is that Mr Jones worked for Bozeman as an attorney while he was a Town Councilman and the GHA liaison. Bozeman represents Georgica Green Ventures which is comprised of the Housing Authority and the developer. Ken Jones should have recused himself because his employer was involved with the Town whether directly or indirectly. Mr Feiner should have removed Mr Jones as the GHA liaison due to the conflict of interest and Town Attorney Tim Lewis should have also asked Ken Jones to step down as liaison for the same reason. But this is “Bizarro Greenburgh” where rules apply to others, not the elite few in Mr Feiner’s inner circle. And, with the forcing of the suspension of rules to make a decision go the way he wanted, Mr Jones has placed the Town in another risky, contentious and possibly criminal position with Ms Hendrickx, Mr Feiner and Mr Lewis.

There are three candidates running for two Board seats in the Democratic Primary on June 25th. Those Board candidates are incumbent Ken Jones(D) seeking re-election, Eric Zinger(D) and Gina Jackson(D) vying for Mr Jones’ and Kevin Morgan’s seat. There are two candidates running for Supervisor position in the general election on November 5th. Lucas Cioffi(IND) is running against incumbent Mr Feiner (D) for the Supervisor's position. We know Mr Zinger and Mr Cioffi and are hoping to sit down with Ms Jackson soon and invite all the candidates to submit position papers to us for publication. Without position papers we believe any of the new candidates would be a breath of fresh air, a welcome change and long overdue. It’s the only way we can begin to get A Better Greenburgh.

Thursday, June 6, 2019

Gilda's Club of Westchester 1-Mile Run


The Real Heroes

The Normandy landings were the landing operations on Tuesday, 6 June 1944 of the Allied invasion of Normandy in Operation Overlord during World War II. Code-named Operation Neptune and often referred to as D-Day, it was the largest seaborne invasion in history. The operation began the liberation of German-occupied France (and later western Europe) from Nazi control, and laid the foundations of the Allied victory on the Western Front.
Planning for the operation began in 1943. In the months leading up to the invasion, the Allies conducted a substantial military deception, code-named Operation Bodyguard, to mislead the Germans as to the date and location of the main Allied landings. The weather on D-Day was far from ideal and the operation had to be delayed 24 hours; a further postponement would have meant a delay of at least two weeks as the invasion planners had requirements for the phase of the moon, the tides, and the time of day that meant only a few days each month were deemed suitable. Adolf Hitler placed German Field Marshal Erwin Rommel in command of German forces and of developing fortifications along the Atlantic Wall in anticipation of an Allied invasion.
The amphibious landings were preceded by extensive aerial and naval bombardment and an airborne assault—the landing of 24,000 USBritish, and Canadian airborne troops shortly after midnight. Allied infantry and armored divisions began landing on the coast of France at 06:30. The target 50-mile (80 km) stretch of the Normandy coast was divided into five sectors: UtahOmahaGoldJuno, and Sword. Strong winds blew the landing craft east of their intended positions, particularly at Utah and Omaha. The men landed under heavy fire from gun emplacements overlooking the beaches, and the shore was mined and covered with obstacles such as wooden stakes, metal tripods, and barbed wire, making the work of the beach-clearing teams difficult and dangerous. Casualties were heaviest at Omaha, with its high cliffs. At Gold, Juno, and Sword, several fortified towns were cleared in house-to-house fighting, and two major gun emplacements at Gold were disabled, using specialised tanks.
The Allies failed to achieve any of their goals on the first day. CarentanSt. Lô, and Bayeux remained in German hands, and Caen, a major objective, was not captured until 21 July. Only two of the beaches (Juno and Gold) were linked on the first day, and all five beachheads were not connected until 12 June; however, the operation gained a foothold which the Allies gradually expanded over the coming months. German casualties on D-Day have been estimated at 4,000 to 9,000 men. Allied casualties were at least 10,000, with 4,414 confirmed dead.
- Wikopedia

Sunday, June 2, 2019

Welcome June: Beat the Heat, Check the Backseat!

Please, never leave children or pets in the car!

Check out the accompanying chart that shows the effects of heat. Even when the actual temperature is only 80 degrees outside, the temperature can rise to 123 degrees inside a car in as little as 1 hour.
This is a dangerous level!
















We love our pets too.  Please give them plenty of water, keep them in A/C (fans won’t help!), and
remember that their bare feet are walking on very hot surfaces on hot days.