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Published: 18 August 2010

Created: 18 August 2010

Last Updated: 18 August 2010

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A recent court decision found that the Town of Greenburgh had violated the rights of the Fortress Bible Church in denying them approval for an application to build their church in Greenburgh. The saga spanned twelve years, starting in 1998 when the Church purchased property on Dobbs Ferry Road. Attorney Robert Bernstein, President of the Edgemont Community Council has been following the case and answers some questions below about what this ruling will mean for Edgemont and Greenburgh residents:

Question: The trial was held in June 2007. Why has it taken so long for the ruling to be issued?

Answer: Judge Robinson has had a reputation for taking his time issuing opinions, and three years is generally considered a long time. However, this was a bench trial that Judge Robinson presided over, and he made it clear on the record when the trial ended, and when final papers were submitted in June 2007, that he intended to rule against the Town. When a judge delays the issuance of a opinion where the result is a foregone conclusion, it is usually because he hopes the parties and their counsel will get the message and settle the case pronto. That, however, never happened. During the entire three-year wait for Judge Robinson's opinion, I am told that the Town never once engaged in settlement discussions. When Judge Robinson announced last month that he would be stepping down from the bench on August 11, that should have been an obvious sign once again to the Town to get this case settled, or face the wrath of a judge who made clear three years ago he would find against the Town.

Question: What did the court find?

Answer: The court charged the Town of Greenburgh with violating the Church’s first amendment rights of free speech, free assembly, equal protection and due process. They also found that the Town had discriminated against the church under the Religious Land Use and Institutionalized Persons Act or RLUIPA. The judge cited the Town for “"intentional delay, hostility and bias towards the Church's application.”

Question: How much does the Town owe the Church?

Answer: The Church must submit a new damage estimate consisting of (1) increased construction costs as a result of the Town’s delays – which could mean delays of as long as ten years; (2) increased traffic improvement costs as a result of the Town’s delays; (3) reimbursement of excess fees charged by the Town; (4) consultant fees; (5) attorneys fees for the Town’s having violated the Open Meetings Law; and (6) costs incurred as a result of the litigation, which could include millions of dollars in legal fees.

Question: Who will pay the estimated $4- $5 million in damages to the Church. Does the Town have insurance?

Answer: Taxpayers, not insurance, are expected to foot the bill for these millions of dollars in damages because the Town’s insurers notified the Town that they would not cover any finding of intentional violations of federal law. All of the findings today involve intentional violations of federal law. Specifically, the Town and Feiner were found liable for violating the Church's rights under the First Amendment's "free exercise" of religion clause, as well as the equal protection clause of the Fourteenth Amendment.

Question: Do you believe the Town could win an appeal?

Answer: In my professional opinion, the Town has virtually no chance of winning on appeal -- the factual findings are just too damning. In addition, interest will continue to accrue on the amount awarded while an appeal takes place.

Learn more on the Edgemont Community Council website:

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Published: 25 August 2010

Created: 25 August 2010

Last Updated: 26 August 2010

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Police Chase: Police received a report of a shoplifter at Rite Aid on Central Avenue around 9 pm on August 17. According to the report, a large black male had exited the store with several stolen items in a blue backpack and fled on foot towards McDonalds. Police spotted the man across from McDonalds and chased him over several fences and onto the rooftop of an abandoned structure. Police ordered the man to get down from the roof, and when he refused, they shot him with a Taser gun. The gun missed the suspect, but he did jump off the roof and was intercepted by police. Swinging his arms violently he refused to put his hands behind his back. Officers shot him with the Taser again, but he continued to struggle. Finally police caught the man’s hands behind his back and he was placed under arrest.

The suspect then admitted to the theft saying, “yea I know I got caught boostin it, I was gonna sell it for a bus ticket to Cleveland.” Vernon Hall, age 43 of Fisher Avenue, White Plains, was positively identified by a Rite Aid employee and was booked and processed for possession of stolen property and resisting arrest.

Smash: A 71 year-old New Rochelle women drove her 2010 BMW into the front window of Harmon Discount Cosmetics at 165 South Central Avenue on August 18th. She claims she was parking in the lot in front of the store when the car “got away from her.”

Tires Slashed at Scarsdale Golf Club: an employee of the club, who had parked in the club lot on 8/16 found that three of his tires were slashed. The Mount Vernon man had no idea who might have done the damage.

Harassed: On August 17, the manager of Planet Fitness on Central Avenue reported that she was receiving threatening text messages from an employee that she had fired. The messages said, “you better watch your back” and that he was going to “get you fired.”

Lost and Found: A Riverdale boy left his Nintendo D.S. in California Pizza Kitchen on August 19th. Shortly after leaving the restaurant he remembered it and his mother called CPK to ask them to hold it for her. However, when they returned the restaurant manager told her it was gone.

A bag of marijuana was found in the restroom of Red Lobster on Central Avenue on Monday August 16th.

The property manager for the Central Park Dance Studio found graffiti that read “God 26” spray painted on the back of the building on Friday 8/20.

Angry: An unhappy customer at Men’s Warehouse on Central Avenue made a scene when he was unhappy with the alterations to his tuxedo on 8/19. The store employee called the regional manager but the man was not satisfied and became irate. Police arrived and helped the man calm down and come to an agreement with the store.

Animals: A complaint was received about a barking Rottweiler at 3:30 am on August 21. Police found the dog in the yard of 382 Ardsley Road but were unable to locate the dog’s owner. A town summons for loud and habitual barking was issued to the residence.

A Sherwood Road woman returned home on Friday 8/20 to find a sick cat on her doorstep. As the cat’s owner could not be found, the cat was transported to the New Rochelle Humane Society.

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Published: 10 August 2010

Created: 10 August 2010

Last Updated: 10 August 2010

Hits: 7101

Scarsdale’s own Robert Cohen is challenging veteran Suzi Oppenheimer for her seat in the NYS Senate. Oppenheimer has represented the 37th district for 25 years and Cohen thinks it’s time for a change. Scarsdale10583 posed some questions to the candidate to help you to get to know him and learn about his views on local, county and state issues. Here is what he had to say:

Were you previously engaged in politics?

While I have always had an interest in politics, this is my first run for public office. In Scarsdale I have been active in the community for many years, including with the fire department and with the Judicial Advisory Committee.

What made you decide to run for public office?

Like a lot of people, I look to Albany and I don’t like what I see. There seems to be no end to the increases in taxes and spending, but important programs still suffer cuts. Businesses are being taxed out of the state. Residents are being taxed out of their homes. The partisan gridlock is at an all time high. I think it is time to get rid of the career politicians responsible for the situation we are in and bring some new ideas to Albany. I have a unique skill set and viewpoint that comes from a successful career in the private sector, where Albany-like shenanigans lead to bankruptcy.

How has your life changed since you became a candidate for NYS Senate?

Truthfully it has been great. Most candidates say that they have less time for their family while they are campaigning and for me it has been just the opposite. My two daughters have been handing out literature with me at train stations, volunteering in the office, and going door to door together, my son has been doing the website and has been helping research the issues and my wife, who was the Senior VP of Finance for the Americas Region of British Airways, is the campaign treasurer and has been attending events with me. I am happy to be spending more time with them and to have had such a great team.

If elected, how would you begin to reform State Government?

Albany needs to get its house in order. That is why I support term limits to guarantee fresh ideas from new representatives. Career politicians, like my opponent who has been in the Senate for over 25 years, have had their chance, and clearly, they have failed. I also feel that member item ‘pork’ spending should be eliminated because taxpayers should not be expected to support a petty cash drawer for legislators to help them get reelected. I believe that legislators and their spouses should disclose all outside income, so we can be certain that there are no financial conflicts of interest. Lastly, I support the creation of a non-partisan commission to redraw legislative district lines. Legislators should not be allowed to determine who votes for them, the voters should choose their legislators.

The state needs to do a better job of prioritizing and reining in spending. The budget finally passed by the Legislature, with the support of my opponent, increases taxes by $4 billion, but somehow cuts state aid to schools by $1.4 billion. Something is amiss here.

Do you believe there is redundancy between the NYS Assembly and the NYS Senate? Do we need to run both bodies?

This system is modeled after the federal level (House and Senate), which was set forth by the Constitution. The State Senate and Assembly has provided checks and counterweights to the Executive and Judicial levels. Also the Senate and Assembly have provided balances against each other. If we were to do away with one or merge them then we would be without that balance. Certainly there are many ways for the Legislature to save taxpayer dollars and become more efficient, but I don’t believe dissolving one chamber would be in the best interest for democracy.

What is your opinion on the role of Westchester County Government – do you believe their work could be consolidated with municipal governments?

Consolidating Westchester County Government is certainly something that needs to be looked at. We are the highest taxed county in the nation and certainly something needs to change. We must be careful while making any changes to ensure that services that people rely on are still being provided.

You now have the endorsement of both the Republican and the Independent parties…in your view, why did you receive the Independent Party endorsement and how many voters are registered as Independents in this district?

While I do not speak for the Independence Party, I think I may have appealed to them because I am a new, independent voice without ties to the Albany establishment who can bring new ideas to the Legislature. There are a number of independent-minded voters out there who are, like me, are disappointed in some aspects of both parties, and I think my candidacy may appeal to them.

How would you bring more job growth to Westchester?

New York has long had a reputation as a bad place to do business and the rejuvenation of our economy needs to be a top priority and a long-term project.

I am proposing refundable tax credits for R& D and manufacturing to attract innovators and industrialists back into the state. We can also take advantage of new technologies by strengthening funding for university research programs in energy, green technology, medicine, and other promising areas of economic growth. We need to make it easier for investors to cut through the red tape with regulatory and tax reforms. Lastly, we need a plan to modernize our dated infrastructure, which hurts both consumers and businesses by making basic utilities more expensive.

The final budget just passed in Albany raised taxes by $4 billion and includes not one initiative for job creation. In fact, it cancelled more than $1 billion in business tax credits. That’s not a way to attract new business.

What is the MTA payroll tax and why do you believe it should be repealed?

The MTA tax was enacted last year to address the MTA budget gap. It charges employers throughout the 12-county MTA service area 34 cents for each $100 of payroll. My view is that it should be repealed because this is the wrong approach at the wrong time. This is not just a tax on business, but on charities, sole proprietorships, hospitals, and schools as well. The MTA is a huge bureaucracy and a top-heavy organization with many six figure salaries. The legislature should not have taken away from our children’s education because this organization can’t get its act together. This tax discourages growth, discourages hiring at a time when we are over 9% unemployment, discourages salary increases and affects everything from a 1 person business to the largest employer in the state.

If elected, how do you hope to effect change for Scarsdale and Edgemont residents?

I’ve lived in this community for over 20 years and your problems are my problems. Westchester residents pay some of the highest taxes in the nation. Albany’s relentless spending is compromising our quality of life, crippling our state's competitiveness, and clouding our children's future. My first priority will be to get state spending on a diet.

I also want to rein in the out-of-control property taxes that are making it very difficult for families to stay in their homes. We need to enact a property tax cap while keeping our priorities straight and making sure that Albany is sending school districts our fair share. The budget that just passed, and my opponent voted for, increases state spending and taxes, but cuts aid to education.

How can readers get involved in your campaign?

You can visit my website at www.bobcohen2010.com. There you can find details about my plans to reform Albany, cut spending, and cut taxes. You are always welcome to email the campaign at info@bobcohen2010.com, or give us a call at 914-948-3003.

Anything else you want to add?

If I am elected you will have a more active, involved State Senator that is in tune with Scarsdale. I will be hands-on in dealing with issues and solving problems of every size and I will work in a nonpartisan manner to get the job done.