Dear Michelle and Jim:

I am writing to report that Paul Feiner claimed this week that he now has the support of three Town Board members, including himself, to resume efforts to appeal the court rulings that he acted illegally in charging only taxpayers in unincorporated Greenburgh for the cost of Taxter Ridge— and requiring that such costs be paid for townwide.  To “perfect” its appeal, the Town must act by November 22.

The Town Board, for its part, is refusing to say what its decision was, saying the decision has not yet been made.  I don’t know whether that’s the case or not.   At last night’s Town Board meeting, Feiner said the town’s brief was written and ready to be filed.   Tim Lewis, the town attorney, called me Tuesday night to explain that the Town Board was “under a lot of political pressure” to do this from the villages.  These developments, if true, should be disappointing to taxpayers in unincorporated Greenburgh because (1) the courts have already ruled three times in favor of unincorporated Greenburgh on this issue; (2) taxpayer money from unincorporated Greenburgh will be used to fund this appeal; (3) no one, not even Feiner’s “budget committee,” has publicly identified any legal error in the court’s ruling that parks open town-wide must be paid for town-wide; (4) the town is clearly not in compliance with the law and Feiner’s 2006 proposed budget continues to overcharge taxpayers in unincorporated Greenburgh by millions of dollars;  (5) all offers on my part to engage in negotiations with the town and the villages have been rejected in favor of litigation;  (6) Feiner is acting in concert with village officials who made clear that under no circumstances will they ever negotiate with anyone from unincorporated Greenburgh, including me; (7) if Feiner does indeed have at least two Town Board members willing to support him on the appeal, notwithstanding the villages’ steadfast refusal to negotiate, Feiner and his board allies are clearly rewarding unreasonable behavior and thumbing their nose at the taxpayers in unincorporated Greenburgh who pay 95% of the town’s budget—and (8) while I’m told they’ve done so privately, it seems that none of the Town Board members we count on to be “independent” of Feiner have spent any of their political capital telling Feiner and village officials publicly that their insistence on litigation without first attempting negotiation is wrong, needlessly divisive, and, above all, not reasonably calculated to get this matter resolved amicably.  Village taxpayers need to be put on notice that the refusal of their leaders to negotiate with citizens of unincorporated Greenburgh may be self-defeating and could end up doing them more harm than good.

In any event, if the Town has indeed chosen litigation over negotiation, as now seems to be the case—our recourse in unincorporated Greenburgh is not to our elected town officials, but to the courts.  I like our chances and will once again volunteer the time and pay the costs.   No town, not even Greenburgh, should be above the law.

However, the town has not yet filed its brief.  There is therefore still time to put Feiner and the “independent” members of the Town Board on notice that you think the appeal is wrong.  Please consider sending them a note or perhaps giving them a call.  The villages have asked their residents to fill out form letters that are being e-mailed to Feiner. For his part, Feiner distributed 16 such e-mails to fellow board members last night.  Instead of writing form letters, I suggest you communicate with the Town Board, including with Feiner, in any way you think would get their collective attention, and let them know what you think the Town Board should do.

Please feel free to distribute this message to as wide an audience in Edgemont and unincorporated Greenburgh as you can.  Thanks.

--Bob