Play The Race Card When All Else Fails

We’re no longer surprised at the depths Mr Feiner is willing to succumb to get what he wants. You’ve read here that he has gone out of his way to thwart the Edgemont residents and their attempt at an incorporation bid. You’ve also read that the 14-term incumbent – a fact that in and of itself is a political tragedy – has stooped to new lows by hiring a retired judge to use as a deflection scapegoat once he decided to refuse the Edgemont Incorporation Committee's (EIC) petition requesting a referendum for incorporation. The judge in turn hired a private investigation company to try to invalidate the petition signatures of Edgemont residents who signed the petitions.

We also recently wrote about the decision that Judge Susan Cacace rendered regarding the EIC petitions that Mr Feiner invalidated, forcing the EIC to sue the Town. This lawsuit was warranted as the residents’ rights were being violated by Mr Feiner and his Board. Had Mr Feiner not tried to politicize the EIC’s incorporation petition and done his job, or due diligence if you will, the taxpayers would not be saddled with additional court fees on top of the already unauthorized $50,000+ fees used to hire the retired judge. But this is Greenburgh, where the king can simple tax his serfs and announce, “Good news! The Town has a Aaa bond rating!” A face-value statement that plays well with the uninformed but really doesn’t much matter for the Town.

Now the latest political football to be dished out by Mr Feiner is that of class warfare between the EIC and what Mr Feiner claims is their bias against the Theodore D. Young Community Center (TDYCC). Having attended just about every EIC public meeting, ABG can attest to several facts: they have always been open to questions and provided answers when asked; have always said that they wish to continue supporting the TDYCC should incorporation go through; that they prefer to control their locales zoning destiny and that they are seeking to self-govern. In fact, the poor behavior Mr Feiner has exhibited during all of this has highlighted exactly why they seek to jettison their community from the Town and become a Village.

In an interview with Dave McKay Wilson, Mr Feiner said “…that some Edgemont residents, whom he declines to name, have complained to him for decades about paying property taxes to support the Town’s Theodore D. Young Community Center.” This is a typical ploy used by Mr Feiner when frankly, he’s got nothing to back his arguments. Another tactic is to throw out numbers that haven’t been calculated, vetted or studied with proof to back them.

The TDYCC is located in Fairview and provides social services and recreational and arts programs. The Finneran law was passed specifically for Greenburgh and requires that recreational programs be funded by property taxes from the town’s unincorporated area and user fees. The biggest problem with this is that the village residents can use them while Unincorporated residents cannot avail themselves of Village programs.

Mr Feiner also said, “One of the underlying reasons they want to incorporate is that Edgemont doesn’t want to pay what they’ve been paying for the Theodore Young Center,” Feiner told Tax Watch. “I’ve talked to people in Edgemont over the years. It has come up hundreds of times. And I think it’s a class issue."

Edgemont Incorporation Committee leader Jeff Sherwin said Feiner’s allegations were without merit. “He’s making baseless allegations, but referring to unknown people,” said Sherwin. “He did it to cover up a policy of more than 30 years that supports the very allegation he is making against us. It’s deplorable he'd make those allegations against his own residents without any data to support it.”

Couple this with Mr Feiner’s stranglehold over Democratic State Assemblyman Tom Abinanti, who is once again seeking to introduce legislation (along with State Senator Stewart-Cousins in the Senate) to steal Greenburgh residents rights to vote to help out his friend. In one of his classic moves, Abinanti tried introducing legislation at 3AM before the Albany break, to make the Town of Greenburgh Board the ONLY municipality in New York State with the power to reject the incorporation petition based on the adverse effect a new village might have on the Town. 

You’ll recall Mr Abinanti asked Mr Feiner to not approve the Fortress Bible Church land use development in his backyard when he lived next to their recently purchased property. Mr “Not-In-My-Back-Yard” Abinanti subsequently moved to the Village of Tarrytown to enjoy the protections afforded that villages residents. Mr Feiner was subsequently sued and found guilty in federal court of lying under oath, destroying evidence and discrimination against a church! The fine for Mr Feiner accommodating Mr Abinanti was $6.5 million. Here’s a class issue if ever there were one! (Ironically, a total lack of class).

What Mr Feiner never mentions, except to say, “No!” is what can be done to offset the budget “crisis” that an Edgemont incorporation might bring. The EIC has consistently said they wish to contract services from the Town. Mr Feiner said, “No!” Residents have asked if the Board has come up with any contingencies should incorporation go through? “No!” At a Town Board meeting residents asked specific questions to see if the Board had sat down with the EIC? “No!” Asked why, Mr Jones parroted Mr Feiner saying the EIC is a non-legal entity and that’s why. Why not just stick out their tongues and say, “Na, na,na-na na!”

The Theodore D Young Community Center, perhaps a recreational center, perhaps not, has a $4 million budget. A successful Edgemont incorporation might affect its ability to operate as it currently does. Unfortunately, Mr Feiner is making it a political football as he did with the Greenburgh Town library. You’ll recall he withheld money to use as leverage over the library Board forcing its closure on weekends – the time when most kids who would need the library are available to go to it. 

He’s doing that again with the TDYCC and trying to create a class war that isn’t real between two communities. Shame on him! We too are concerned about the negative effects on Unincorporated Greenburgh should the EIC prevail. Yet, we envy Edgemont’s ability to try to get out from under the horrible management of this administration. Edgemont is the first real crack in the Feiner infrastructure while Rome is burning. It needs to change town-wide, only then will we get A Better Greenburgh.

The Village of Edgemont Edges Closer To Incorporation

After being unnecessarily delayed, the seekers of an Edgemont incorporation may finally get their chance to vote for just that: incorporation. Judge Susan Cacace issued a decision against Mr Feiner’s decision that disqualified the resident’s petition signatures to incorporate. Once he issued his original decision and invalidated their petition, Mr Feiner did what he always does to attract publicity and delay the inevitable. He said what he always does, “If you don't like what I’m doing, sue me.” And, once again, they did.

This lawsuit, while considered frivolous by Mr Feiner’s supporters, was far from frivolous. Had Mr Feiner adhered to the law, he would have reviewed the petition signatures, returned his judgment that everything was in order and scheduled the referendum. Instead, he chose to politicize the request from the Edgemont residents and force them to play his games. Before he disqualified the petition, the incorporation momentum didn't stop and he enlisted the “help” from a retired judge. However the real goal behind hiring the judge for $50,000 unauthorized Town dollars was to be able to point a finger at him when the defecation hit the ventilation. And, it did and he did.

The judge, on Mr Feiner's behalf, hired a private investigation firm to scour the Edgemont community and acquire residents' signatures that would actually invalidate their original petition signatures. This seemed like the move of a desperate man - and rightfully so. Numerous attorneys, practicing attorneys, kept explaining to Mr Feiner, his Town Board, supporters and those not fully informed with what was going on, that what he was doing was not only reprehensible, but legally wrong. As he always does, he ignored their advice, refusing to sit down and discuss any of this.

Numerous groups also called upon Mr Feiner to “do the right thing” to no avail. In fact, we cannot recall a time when Mr Feiner actually did the right thing. Unfortunately, his bad behavior and unethical actions cost the Unincorporated taxpayers a fortune unnecessarily. It would be nice to have a Supervisor and Board that was actually looking out for us, the beleaguered resident - sort of like what Edgemont residents are seeking. He now has 45-days to hold a special election for Edgemont.

While Mr Feiner played his games, the Edgemont Incorporation Council (EIC) continued to try to move the equation forward. They drafted a second petition and sought more signatures than they garnered the first time. This time they also dotted their “i’s” and crossed their “t’s” with a renewed vigor and perceptible scrutiny. This time when they submitted the second petition – if required – there would be no wriggle room for Mr Feiner’s games.

Regardless, Mr Feiner took to the media again, having already positioned himself that he was probably going to lose. As an aside, the resident taxpayers have already lost because of him. It’s not just the filing fees, or the unauthorized $50,000 paid to the retired judge. Rather, it’s the fact that so many residents asked him and his Board what they were doing to plan for the Town’s finances should Edgemont be successful and incorporate. Nothing! He and Councilman Jones were vociferous in posturing that they would not do anything and only admitted that layoffs and a loss of services would be the solution. It is not. If the Town contracts services with the new Village of Edgemont, the budget could theoretically remain close to the same as it currently is without layoffs or loss of services. It just would not garner the publicity Mr Feiner graves. 

Many residents throughout the Town asked if they would contract services with the new Village of Edgemont, they arrogantly insisted, “No!” Rather than look to maintain the well-being of the overall Town, they played their selfish games. And, for what reason? It’s hard to say. Obviously the saying about absolute power corrupts can easily be applied here. So now that so much time, money and trust has been wasted, it’s time to finally learn what the entire Edgemont population will do when they vote on the referendum. It’s also time to see if Mr Feiner and his Board will ever “step up to the plate” for the entire Town should the Edgemont incorporation succeed? We hope so; it’s way past time for Mr Feiner and his Board to help to make A Better Greenburgh.

Dismissal Granted In Favor of Town Zoning Board of Appeals

It’s no secret that there exists a contentious relationship between the Town and the Edgemont community. So much so that some in Edgemont are seeking to incorporate and break away from the Town’s governance or mismanagement. There have been numerous issues over the last several years that have caused this alienation. Regardless of which issue(s) caused these residents to pursue incorporation, many say the straw that broke the camel's proverbial back was when Mr Feiner hired private investigators through the security company he hired through the judge he hired with unauthorized Town monies, to try to negate the petition signatures of those favoring incorporation. Some that we spoke to had been on the fence. But when they learned of this despot-like move, he lost their support.

Dromore Road is another Edgemont-centric debacle that has caused an uproar in their community. As we and others often say, “If it happens in one neighborhood, it's sure to happen in another, even yours.” Don’t believe us? One towering example is the Brightview Assisted Living Center in the Glenville section of the Town. Mr Feiner instructed his Board to be in favor of it at all costs and to vote it through. Not doing so would cause them to find themselves “Sonya’d”* and be on the outside looking in. Rightfully, Mr Jones, her replacement, tows the Feiner-line like a religious zealot. Anyway, after Brightview was plopped in the center of a small residential neighborhood of single family homes, we see the same scenario unfolding once again.

The Sprainbrook Nursery has operated on Underhill Road for years, owned and operated by the Krautter family. They are seeking to sell the property to an assisted living developer for roughly $3.5 million to use as their retirement nest egg. Many in the Edgemont community as well as the Greenville Fire District had initiated a court action to stop this oversized assisted living extravaganza at the now defunct nursery. They cited the Town's own newly adopted assisted living code which among other things mandates being with 200 feet of a state right of way and on a minimum of 4 acres of land. There's a little bit more to it but this is the gist of it. The Formation-Shelbourne proposal on the former Sprainbrook Nursery meets neither of these requirements. Also cited were safety issues of emergency vehicles responding on Underhill Road with more frequency. Fire departments will rarely discuss response conditions as a concern mostly because they will always get where they are going.

This past week the Judge ruled in favor of the Town's Zoning Board of Appeals and against the civic associations and fire district that had sued to stop the egregious variances that would be required to build this facility. Being shot down in court is difficult enough, but having it happen on what seems to be a minor technicality shows why people have lost faith in the courts system. The reason given by Judge Susan Cacace was that the petitioners (Edgemont Community Council, Council of Greenburgh Civic Associations and the Greenville Fire Districts) had not filed their action soon enough after the Zoning Board of Appeals rendered its decision. We quote, “Based on the foregoing, the respondents' motions to dismiss the instant petition to CPLR 3211(a) and 7804(f) are granted due to the petitioners' untimely commencement of this proceeding in violation of the applicable 30-day limitations period prescribed by Town Law 267-c(1), and therefore, this proceeding is hereby dismissed.”

No doubt an appeal can be made. However, there is no guarantee of this happening. Sadly, this is another oversized and inappropriate facility that will be built in what is now a densely residential community. The nursery was built years ago before little if any residential properties existed there. Back in that day a nursery fit the area just fine and was later grandfathered to stay. Nowadays, the buzz is about affordable (re: subsidized) housing, senior housing or assisted living. Usually, but not always, many of the new facilities get built and after a few short years are sold to another company, reaping financial benefits upon the developer - who then walks away. Or, they go into bankruptcy and leave their residents out in the cold with no savings or little hope of ever recouping their funds or even remaining years.

So now the charade at Town Hall begins. Mr Feiner will hail the decision and out of the other side of his mouth try to convince the public that he and his Board are going to listen to the public, do their due diligence, hold hearings, whatever it takes to help them decide if this project should move forward. It's a double-edge sword for him. He's forced to placate Edgemont and appear to be listening to them, but he's already promised Formation-Shelbourne their proposal to go through. Sure, he'll say he's received many phone calls supporting this facility, even from the residents in the area. But he will never say who or how many contacted him. He'll also say he received a ton of emails. Yet again, he will not divulge any names or real figures. 

The proposal for an assisted living facility may or may not be needed in the Town. Since this Town Board was so anxious to pass an assisted living zoning change in 2014 and then ignore it so readily and quickly after its passage proves the G10 was correct when they insisted at countless meetings that it was flawed and should not be passed. When Mr Feiner (who will vote no to placate Edgemont) and his Board pass this, they should only do so to a scaled down version of what is presented. And, when the developer says it has to be the size they are proposing to be cost-effective, we only hope the Town Board members voting yes will only do so to a reduced version of the proposal, working with the residents, fire district and civic associations instead of around them. Only then will we see A Better Greenburgh.

* Reference is of former Town Board member Sonya Brown, who was shunned by Mr Feiner and his Board and later dropped from his “ticket” after she exposed him for saying as candidates they should not bother to campaign in Fairview as those residents were unintelligent and they’d be wasting their time doing so there.

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.