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.

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.

Too Much of One Thing

The political pundits are transmitting in high gear now that the elections are over. Republican wins have shifted the balance of power once again – although not here in Greenburgh. In fact, when nothing changes things usually seem to get worse for the electorate, just as we’ve seen in Greenburgh. Without a balanced Town Board, Ethics Board, Planning Board (insert the Board of your choice), we do not get the best of what the Town (cities, villages, hamlets, etc) could offer. There is no creative thinking, no new ideas, little variety, limited progress and never any challenge to do more or better for the taxpayers. Quite the contrary.

Mr Feiner decided to discriminate against the Fortress Bible Church when the Church purchased property near Dobbs Ferry Road. While his reasons to discriminate may have only been known to himself, his attack on the Church was not only morally wrong, but after a protracted court battle and opportunity to settle, finally cost the taxpayers $6.5 million. Had the first Town Board had a mix of parties and personalities when Mr Feiner’s crusade against the Church began, and the subsequent Town Boards had more of a variety of members with a backbone to stand up to Mr Feiner, perhaps this disaster could have been averted. It’s one tremendous black-eye for Greenburgh.

Mr Feiner, convicted for discrimination, decided to not renew the lease at WestHelp on the Westchester Community College campus, costing Greenburgh taxpayers $1.2 million per year. This project for affordable housing was the brainchild of then HUD Chairman Andrew Cuomo, who was appointed to the position without any “housing” or management background. After insulting the NY public with several derogatory comments during his now-forgotten first gubernatorial campaign, he was told to accept the job from President Clinton, keep his mouth shut and in a few years they would let him be governor. He needed to make a name for himself and did so offering subsidized housing in Westchester for those in the DSS system. It was supposed to transition into senior housing after ten years. The state made the project happen and construction was done. Cuomo now had something to show on his HUD resume. The County gifted it to the Town. And for years, the Town raked in $1.2 million per year with little or no effort on our part. Cuomo towed the line and was anointed governor. You have to love New York.

But Mr Feiner decided to try to win votes from the Valhalla community by not renewing the contract when it came due, allowing it to languish into disrepair, in hopes of necessitating the demolition of the facility and delivering what Valhalla had wanted. Mr Feiner hoped for said votes. But by doing this, he stopped the largest non-tax income-producing revenue stream to the Town, forcing taxpayers to make up the difference. Had any of our Town Board members been of another political party and not dependent on Mr Feiner for re-election and feared being “Sonya’d”, we may have seen this move curtailed or at least brought to the public’s attention and be stopped before the damage was done.

According to County Legislator Alfreda Williams, the County subsequently told Mr Feiner and the Town Board to rent the apartments or else the County will terminate the lease with the Town, take back the facility and do with it what was planned. The Town would continue to lose $1.2 million with no chance of ever getting that money back. Currently no action has taken place but Mr Feiner’s repeated attempts to gift the management to unqualified companies (see Cuomo above) who promised more than could be delivered and tried to re-negotiate the contractual terms. Eventually, he was dropped as Mr Feiner’s preferred management vendor.

Mr Feiner insisted on green-lighting the Brightview Assisted Living (and Stop and Shop, and Westhab, and Deli Delicious, and the Central Avenue car dealerships special treatment, and Ferncliff, and Taxter Ridge, and well, you get it) project on what is considered by many as an inappropriately-sized piece of land. And now, as the construction of the building glaringly hovers over the intersection of Rt 119 and Benedict Avenue, we think they were right. Not only did Mr Feiner endorse and promote this project, he knowingly allowed them to turn Greenburgh residents on Medicare away from this upscale and private organization!

The point is a simple one in that having elections is part of our heritage and is a good thing. As the saying goes, too much of something isn’t always a good thing. We’ve had twenty-two years of Mr Feiner’s mismanagement, illegal actions and not enough creativity, open government and new ideas. It’s time for a change. Only then will we get A Better Greenburgh.