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Passion Play in Germany Page 5

see Shifting Gears pg. 5

see Elmsford Pg. 3

By Robert Williams, Mayor; and Michael Mills, Village Administrator

2006 marked another productive year for the Village of Elmsford, from the grand opening of the Village’s new Dog Park, addition of new off-street public parking, the largest and most successful Elmsford Day Celebration to date, to hosting the Westchester County Firemen’s Association Annual Parade, 2006 had a bit of everything in Elmsford.

2006 Fast Facts• Elmsford Fire Company #1 100th Anniversary• Continued Village Comprehensive Plan Updating• Enhanced public information via Cable Channel 75, Village Web Page, & Info Servicepanded Youth Recreational Opportunities

Fire Department In The Spotlight During 2006 The Village of Elmsford Fire

Elmsford: The Village That Could2006 Year In Review

By Roger Witherspoon It was one of those rare winter days when the thermometer rides a roller coaster north, settling in the 60s at midday, before diving back into the teens at night. On this day, it created a warm, dry, straight, nearly empty highway through the midst of a snow-covered Connecticut forest. It was a perfect day for a leisurely drive in a city slicker sedan, the kind Audi is noted for: stylish, responsive, comfortable, peppy, and loaded with all the latest gadgets. But this one was different. It has the usual hallmarks of an Audi sedan, but while the Audi RS 4 is comfortable slowly cruising city streets, it was designed to leave the plodding city slickers behind and take its 420 horses out onto the open road. So I stopped in the empty roadway, pushed the button for Sport ride, and floored the accelerator. The aluminum V-8 engine roared through the dual exhausts in the rear. The RS 4 leaped forward, pushing me back into the heated, leather, bucket seats and racing through its six manual gears, its 19-inch wheels humming on the dry pavement at 140 miles an hour in about 20 seconds. This is a car that can go from 0

Shifting GearsNot for City Slickers: Road Racing, Audi Style

– 60 miles per hour in 4.8 seconds and hit 120 in just 12 seconds more – a performance which puts it in running league with Maserati, Viper, Mercedes AMG, BMW 3-series, Corvette Z 06. For a company whose corporate goal is to run past Mercedes, BMW, and Lexus and produce the dominant, high performance, luxury car, the Audi RS 4 provides an interesting harbinger of the future. It’s the ride that is significant. Approaching a wide curve on the highway, I dropped to about 110 and slowly accelerated through the curve without any rear shimmy or slide. The all-wheel drive system

D e p a r t m e n t marked several m i l e s t o n e s during 2006. The Village in c o n j u n c t i o n with Elmsford Fire Company #1’s 100th A n n i v e r s a r y played host to the Annual We s t c h e s t e r C o u n t y F i r e m e n ’ s A s s o c i a t i o n Parade in September. The parade was a huge success with 38 departments from around the County visiting the Village of Elmsford. During 2006 the Fire Department responded to 664 fire and 516 EMS calls. The Department attained full compliance with the federally mandated National Incident Management System (NIMS) training/program, implementing the NIMS Command System, procedural terminology, and best

practices. The new Command System has proven to be extremely effective and will further enhance the Department’s ability to control serious incidents with the utmost efficiencies and effectiveness. The Department’s Annual Fire Inspection in 2006 marked a fitting tribute honoring one of the Department’s and Village’s finest, former Fire Chief Ray Rush. Chief Rush was lauded with the Department’s Life Time Achievement Award for his 46 years of unselfish fire service to

the Village of Elmsford, We s t c h e s t e r County, and State of New York. 2006 also marked two new appo in tmen t s of note to the ranks of the Department, Dr. Heidi Cordi MD, as Department Medical Control

Officer overseeing the multi-faceted EMS operation and providing and coordinating monthly training, and Father Jude of Our Lady of Mt. Carmel Church as Department Chaplain.

Village of Elmsford Day Camp 2006 marked a successful year for the Elmsford Summer Day Camp program. Campers ranged from entering Pre-K through 7th grade, and reaching maximum enrollment for the third year in a row. The Camper Graduate Training program

for campers in 8th to 10th grades grew in numbers with a total of 25 members in the group. All participants enjoyed a summer filled with swimming, sports, arts and crafts, drama and a great variety of special events and day trips. Highlights included the annual camp carnival where campers enjoyed carnival games, spin art, face painting, train rides, inflatable bouncers and much more. New during the 2006 Camp were presentations and weekly classes from Mad Science, participation in Spinning Bees Frisbee programs, a special show by Bierko Productions called “Everyone’s a winner” and field days for all age groups where winners received colorful ribbons and gold medals. Camp survey results indicate that the favorite trips this year were: Yankee Stadium Tour, Dave & Buster’s, New Jersey Children’s Museum and Splashdown Beach. The annual camp show made its evening debuted allowing many

By Hezi Aris The FBI Subpoena delivered to the Yonkers City Council may very well prove to be the harbinger of ill will toward an individual or a select number of people. Within its legal edict, it is also the harbinger of good will toward the City of Yonkers. Yonkers has often lived on the edge; straddling both sides of many equations. Some of those positions were seen as salient and viable to some, while others took passionate offense to the manner of its conduct or to the very aspect of its goals. Either way, Yonkers has had to bear the outcome of one side or another; often over laden in the process with the butt of too many jokes. Many will continue to roll their eyes upward with a condescending relish as they fawn over one scandal or another. The subpoena delivered to the Yonkers City Council, was wrapped with a sense of foreboding, deceptively concealing its purpose by casting a net of inquiry into the archival labyrinth maintained on paper, retained by audio, and visually recognized on film from the year 2004 forward to the present. The Office of the U.S. Attorney, while delivering an unsettling request that may prove itself onerous for some, presents those who maintain a seat of power in elected office an opportunity to reflect

The Hezitorial

FBI Subpoena is Catalyst for Change

upon their respective behavior and the demeanor of their appointed staff. Why wait for handcuffs to be clamped on some wrists before reflecting upon the overwhelming issue expressed by the subpoena? The City of Yonkers is historically imprinted with deserving accolades for its service to the birth of a nation, for maintaining an underground railroad that led to roads that would lead people from slavery to the the first rung of freedom, for the sinful speakeasy’s of the 1920’s and 1930’s, and the uneasy days of decline that brought Yonkers to its present precipice of vision for renewal and revitalization. The City of Yonkers has too often been sacrificed for the agenda of one man and his select minions. It is an exclusive club that all of Yonkers salivates to become part; awaiting their time at the pinnacle of power. It was that dynamic process that permitted power to alternate slowly among an esoteric few. With the subpoena, stomachs are churning in fear of what might be gleaned, as the bile of past conduct regurgitates to be tasted for a second time upon

the palate. Pepto-Bismol anyone? Then there are the “know it alls” who lurk behind the scenes extolling their concepts of what is wrong without the fuel of knowledge required to propel their claims. Yonkers duality of purpose is not unique within its borders despite the claims that Yonkers’ political climate swims in a soup of blood. Too many of us were not sensitive enough to the calamitous affects these blood curdling episodes exacted upon our city. We often forget that people live, yet die within time. In an allotted time frame, some will leave behind a legacy of misdeeds and misconduct that insidiously weaves its tentacles of shame imbedded into a living city emboldened by history and too often demeaned by a notorious few. The FBI subpoena may prove itself an immeasurable tool in redefining the conduct of government in Yonkers, and throughout Westchester County. It has already succeeded in awakening those who have slumbered in self deception in Yonkers for too long. Let us not forget that Yonkers must not be besmirched by any results of wrongdoing upon it by any individual or individuals. Westchester Times Tribune rightly expects the FBI to move expeditiously in substantiating the rationale for its inquiry. Public opinion must patiently move ahead toward its hopes and vision for Yonkers, untethered to the misconduct of a few misguided and overzealous individuals whose Achille’s Heel may likely be their lust for control.

on the Racing Sport 4 splits the torque 60-40, rear to front, so there is continuous power flowing to all wheels. The sport traction control system, with its networks of millisecond sensors in the wheels and brakes, constantly adjusts the individual wheel rotation and brakes to maintain stability and eliminate skids. At high speeds on a dry road the wheels of the RS 4 are more securely fastened to the pavement than Trump’s toupee. The all-wheel drive is also a life saver on treacherous roads at normal speeds. After the sun went

By Henry J. SternDay 64 - March 5, 2007 - Plus ça change, plus c’est la même chose? In Sunday’s Daily News (I remember when they called it the Sunday News, and Dick Tracy was on the cover at the newsstand.), Michael Goodwin wrote a powerful column headed “3 MEN WALK INTO A ROOM...Spitzer joins a secret society, and it’s no laughing matter.” You should link to Goodwin’s column and read it, if you don’t have the Sunday paper. Published as it was on Day 63 (remember Day One - everything changes), it means the new governor’s h o n e y m o o n lasted just nine weeks, as far as Goodwin is concerned. The thrust of the article is that Governor Spitzer is conducting important state business in secret, dealing only with Speaker Sheldon Silver and Senate leader Joseph Bruno. There has been no opportunity for public input or review of the actions he has taken. Nor has anything been done about the conflicts of interest or other abuses involving his two new partners. These paragraphs, which are revealing, quote the governor directly. His words are in capitals, but that does not mean he shouted. We weren’t there. “Spitzer, in a brief, testy phone interview, defended the process and the outcome. ‘THIS IS THE WAY GOVERNMENT SHOULD WORK. FOR ALL THE NATTERING OF THE EDITORIAL PAGES, WE’RE ACTUALLY GETTING SOMETHING DONE. “When I said it was my opinion he had given into the Legislature’s

Secret Deals: Spitzer Uses Bruno and Silver

usual scams of secrecy, he shot back: “I’M THE GOVERNOR OF THE STATE. I’LL BE LYNDON JOHNSON. I’LL CRAFT THE DEALS AND I’LL GET THE JOB DONE. YOU WILL WRITE AND I WILL DO. THAT’S WHY YOU’RE THERE AND I’M HERE.” Goodwin concludes, in his own

words, “Lyndon Johnson? Wow. Twelve steps may not be enough to cure our new governor.” We have three specific comments on this enlightening d i a l o g u e : 1) re Spitzer: We had not heard the word “nattering” since Bill Safire in 1970 wrote into a speech Vice President Spiro Agnew gave in San

Diego the timeless phrase “nattering nabobs of negativity.” That was also a reference to the press, which had found fault with the Vice President, much as the media and the public complain about Dick Cheney today. Did the governor, in using that most unusual word in connection with the press, identify with either of the two beleaguered vice presidents? 2) re Goodwin and Spitzer: If our governor shows the ability that Lyndon Johnson had to get legislation adopted by Congress, he will be Presidential timber. Johnson’s downfall was the war in Vietnam, but his success in getting bills passed was remarkable, as Robert Caro has described so ably. LBJ would be a good role model for ELS. We do not believe that Johnson, vulgar in private as he unquestionably was, ever referred to himself a steamroller, although he often used the intensifying expletive as a gerund preceding a noun, which in this case is also a transitive verb.

WCVFA and FASNY Host Annual Legislative Conference

In attendance (L to R): Robert Moon, President of the WCVFA; John Lasek, FASNY Liason Board Director; NYS Assemblywoman Sandy Galef;

Thomas J. Cuff, Jr., FASNY 1st Vice-President. Not shown are Assemblymen Richard Brodsky; George Latimer;

and Thomas Morehand (represented by James Hartwick).

CORTLAND, NY -- The annual Westchester County Volunteer Fire-men’s Association Legislative Con-ference took place at the Montrose Fire Headquarters this past Satur-day. Held in conjunction with the Firemen’s Association of the State of New York, it’s the ultimate op-portunity for members of the West-chester County fire service to voice concerns and have discussions with many legislators at one time. Started over fifteen years ago by WCVFA magazine editor Christian Becker, the conference has grown each year to a near capacity crowd. Each year sees different area leg-islators participate as well as many who return yearly, stating that this venue offers them great interac-tion with their constituents and key members of the fire service.

New York Civic

MARCH 15, 2007PAGE 2 WESTCHESTER TIMES TRIBUNE

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3) re Goodwin: Does the reference to “twelve steps” indicate that Goodwin believes that Spitzer is more troubled or delusional than an alcoholic, drug addict, gambler, overeater or sexual predator who is participating in the twelve step recovery program originated by AA. If not, what does it mean? If it does, that is permissible rhetoric by an outraged columnist, protected by the First Amendment and a free press. Certainly this governor ought not complain about the expressive language of others. An editorial in this morning’s Times, “GOVERNOR GUNSLINGER”, gives the Times’ opinion on various agreements which have been reached in Albany. Their concerns with the legislative process are expressed below: “For all his early successes, Mr. Spitzer has not yet managed to change the way things get done in Albany. These reforms were largely worked out the old-fashioned way -- in the backrooms of the State Capitol. It makes sense that Mr. Spitzer wanted to push through some early victories, but if he plans to succeed over time, he should be doing more to bring the public into the discussion.” The column and the editorial reflect New York’s differences of

Secret Deals: Spitzer Uses Bruno and Silver opinion. The governor tells it as he sees it, and so do the writers, the columnist with concern and dismay, the editorialist with proprietary gentility. Michael Goodwin is the kind of journalist that Eliot Spitzer is governor; aggressive, intelligent, and productive. Neither suffers fools gladly. The brighter you are, the more people you may believe to be fools. It is important not to indicate to people that you believe them foolish, because although fools they may be, they are smart enough to know what you think of them, and they can be angry enough to do you harm if they have the opportunity. This admonition applies in particular to public officials at all levels. Rule 26-W: A word to the wise is sufficient. Is every public issue necessarily racial? The columnist writes that public business is still being transacted in secrecy by “three white men.” Although Spitzer, Bruno and Silver are all European-American males, and two of the three may have ethical issues, they are in the room because they were elected, either by the people or by their fellow legislators, not because of their race or gender. Nor are they responsible for the racial and sexual discrimination that has occurred since the dawn of history, and possibly earlier if

early homo sapiens disposed of the Neanderthals. If State Senator Malcolm Smith, an African-American who is now the minority leader, were to become majority leader and consequently the third man in the room, the dynamic of the trio would be unlikely to change. The issue here is not race or gender, it is power and process. We believe that open government is generally better than secret government, with some kind of exception for issues involving national security. As far as we know, there are no such matters before the state legislature, so we are in basic agreement with Goodwin’s point, to the extent that it is practical. The legislators may be sheep, but sheep need shepherds, and in our system, the herder is elected by the sheep, not that they have much real

New York Civic

choice. At any rate, with whom would you have the governor deal? Backbenchers? When a negotiation is undertaken, each party must be able, if agreement is reached, to deliver his side. We cite Rule 24-T: “What do you bring to the table?” During the war on poverty in the late 1960’s, the rubric was “maximum feasible participation” by the poor in administering programs designed to help them. That helped a lot of people to steal. Today we seek maximum feasible participation by the public and the legislators in the consideration and adoption of legislation and, in particular, the state budget. The purpose is to prevent a lot of people from stealing. We paraphrase Mr. Justice Brandeis: “Sunlight is the best disinfectant.” Reformers want government to change for the better, but they are not truly comfortable with the exercise of power by anyone, perhaps because of their anarchist ancestors.. One definition of power is the ability to get people to do things they do not want to do, either because of their convictions or because it is not in their interest. You do not need power to get legislators to reduce taxes or increase spending. You need power to pass bills which are unpopular but necessary. In recent years there

has not been enough power to make the legislature fiscally responsible, so New York’s pubic deficit has risen steadily, and debt incurred by public authorities has ballooned. These are real-world consequences of Albany’s discord and futility. Speaking of openness, Governor Spitzer is certainly open in expressing his feelings, and we should value his candor. It would be easy for him either not to return the reporter’s phone call, or to say blandly that he will do his best to open the process. He could point with some justification to the state’s generation of stagnation, which has left the new administration to play catch-up on many public issues that have not been addressed. Instead the man says what he thinks, like it or not.. How many congressmen did FDR consult preparing for the First Hundred Days in 1933? Rule 23-I “I don’t know and you don’t know.” But the New Deal did not originate in Congress. As you can see, legislative process is a difficult, even a vexing question. All sides are partially right and there is no easy answer, etc. In the crucible of conflicting opinions and different attitudes, hopefully a path will be found which will lead us to a responsive, responsible and inclusive state government. It should only be.

By Bob Weir

Recently, US Senator John Cornyn of Texas was being honored at a GOP luncheon in Denton. When he was told that a group of war protesters were demonstrating outside, he, along with County GOP Chair, Diane Edmondson, took the time to address the assemblage and even thank them for exercising their right to free speech. Not only was it a class act, it spoke volumes about the greatness of our country. Yes, antiwar protestors are attempting to bring us back to the turbulent sixties and seventies when the Vietnam War dominated the headlines. We faced some of the toughest challenges to our Constitution, but we not only survived, we became even stronger and more certain than ever that the exercise of freedom is the cornerstone of a democracy. When I see the proliferation of protesters in cities across the country, I’m reminded once again how marvelous this country is. Only

A Lesson in Democracy from Senator Cornyna great nation allows its citizens to take to the streets, condemning the very government that protects their right to do so. Only a benevolent nation allows its leaders to be portrayed on placards as vicious dictators like Adolph Hitler and Joseph Stalin; when in fact, if those dictators were in charge, there would be no protests, there would be no opposing opinions broadcast on national television, and there would be no newspapers taking sides against the government. Once upon a time, people understood that freedom was not free, but had to be paid for with an ocean of blood and a million lost limbs. That blood and those limbs paid for the right of those protesters to demonstrate against their country. If their rights were violated, thousands of soldiers would have died for nothing. For more than 200 years, America has forged the concept of freedom into the DNA of its offspring, making us more familiar with

liberty than any country on earth. Therefore, when we see our fellow citizens taking the time and effort to protest a policy they believe to be inimical to their interests, perhaps we should be thankful that they are testing the strength of our country’s dedication to free speech. For, if it were never tested, how would we know it existed? If those protesters were brutalized or killed while standing up for their right to dissent, we’d know we were no longer living in that “one nation, under God, with liberty and justice for all.” In addition, we’d know that if they could be killed for their dissonance, how long would it be before we were similarly targeted for ours?

We must keep in mind that protest is to America what oppression is to the Axis of Evil. As difficult as it is to see our countrymen give aid and comfort to the enemy, we must substitute our outrage for the pride we share in knowing that the greatness of America is superbly illustrated on the world stage every time it protects a citizen’s right to attack it. Tyrants around the world may enjoy the sight of Americans protesting their government’s policies, but the people who suffer under their brutal domination must wonder what it’s like to exercise such freedom. Surely, they secretly fantasize about living in a country where they won’t be beaten, mutilated, and murdered for expressing a contrary thought about their leaders. If we have learned anything from this vast and noble experiment called democracy, we have learned that people are at their best when they can breathe the purified air of freedom and explore the far reaches of the human spirit

unhindered by the cruel and stifling yoke of bondage. Hence, we should view the protesters as proof that our system works. Let’s not rebuke them for providing the international community with a glimpse of greatness in action. Also, let’s thank Senator Cornyn for proving that a lot of brave men and women didn’t

die in vain.

Bob Weir is a former detective sergeant in the New York City

Police Department and an accomplished writer having

penned seven novels: “Murder in Black and White,” “City To Die

For,” “Powers That Be,” “Ruthie’s Kids,” “Deadly To Love,” “Short

Stories of Life and Death” and “Out of Sight.” Bob Weir is the executive editor of “The News

Connection published in Highland Village, Texas, and a contributing

columnist to Yonkers Tribune and Westchester Times Tribune.

BobWeir777@aol.com.

Like Klockwork

By Joe Klock, Sr. It is among the most familiar metaphors in our language, as well as one of the more graphic: A huge, clumsy bull is depicted roaming through a store stocked with irreplaceable and extremely expensive chinaware. Unrestrained and insensitive to fragile things, the bull portends substantial damage and heavy losses to the shopkeeper. It isn’t much of a stretch to substitute the future of America’s children as inventory and our public servants as the destructive animals. At stake these days, quite literally, is the life, liberty and pursuit of happiness that should be the birthright of our present begats and those yet to be begotten by them. This priceless inventory has already been despoiled by the bulls and besmirched by the scat they produce in profusion. Aside: I had more colorful

To Save the China Shop, Stop the Bull Now!language in mind, but knew it wouldn’t survive the censorship of Firstwife, most editors and the more strict “tsk-masters” embedded in my readership. Where do you and I fit into this dismal metaphor? The last time I checked, “we the people” owned the shop and opened it to the bulls through an electoral process degraded by our general ignorance of the issues and/or our apathy toward how they were being handled - or avoided. The past, present and impending losses incurred by our descendants include: An environment that is being neglected, abused, and/or selfishly exploited; an unresolved war plan; “entitlement” commitments (including Social Security) that are grossly underfunded; deterioration of public morality; abandonment of patriotism; namby-pamby treatment of serial lawbreakers; an uncontrolled alien invasion; a cumbersome and unfair system

of taxation; erosion of our international image; unwillingness to rein in spending and debt explosion; the criminal influence of lobbyists and special interests, and the shameless placement of political expediency over the best interests of the people by those they elected, appointed or hired. The worst thing about the foregoing litany of licentiousness is that it is far

from complete, and I can anticipate feedback from readers whose serious concerns were not included. I am also braced for a forest of fingers pointed at various levels of government, usually suggesting that a change of bulls and bullscat will solve all problems. As a born-again, card-carrying, equal-opportunity skeptic, I am prepared to dismiss in advance the notion that either perpetuating the tenure of our present bulls or replacing them with previously-tried livestock, who are long on promises and short on strategies, will avoid further damage. The bulls on both sides of the aisle are well aware of the china shop metaphor and, in a blatant display of cowardice, they run like thieves from the tough problems (another unpleasant analogy that fits more than a few incumbents). All of them know - or should know - what the nation’s problems are, but usually address them

by insisting that the solution is allowing them to roam free if they’re already in the shop or admitting them if they’re standing outside. Here’s a remedy that none of them will like and will cost you nothing more than a few 39-cent stamps and missing maybe a half-hour of boob-tube time: Cherry-pick the issues listed above, selecting those that disturb you most, then include them in individually-addressed letters (NOT emails, unless you like being ignored) to both the “ins” and the “wannabees,” demanding a straight answer to this question: “EXACTLY what actions do you propose to take in these areas, and why should I believe that you will take them?” If you get a reply at all, prepare yourself for some fancy verbal footwork and careful concealment of any menacing horns. Somewhere out there must be

see Like Klockwork pg. 3

MARCH 15, 2007 PAGE 3WESTCHESTER TIMES TRIBUNE

Government • Op-Ed

From Page 1

The Progressive Liberal Crusader

By Jason Gooljar Digging through my archives I found an e-mail I wrote to some people two years ago. The gist of the e-mail was about a homeless woman I came to know back in 2005. Though I’ve not seen her since late December of 2005; I often wonder if she is doing better economically, socially, and mentally. I decided to transform the e-mail into a column, editing it only so that it better reflects the present day. Many who know me, know that I’ve become a serious reader. I’m usually found at the library, or until it closed, the Barnes & Noble bookstore in Hartsdale, NY. On a Sunday afternoon two years ago, as I was strolling into B & N, I encountered someone sitting at the table. After engaging in some conversation, I came to learn her story was right out of the pages of some of the books I had read. My reading interests are non-fiction and current affairs. The books I read often delve into current economic circumstance and how we suffer acquiring healthcare coverage, medication, education, social justice, and employment. The subject matter often comes partisan and political in nature; the discourse this woman and I engaged in made me realize how the things we have a right to go beyond any partisan boundaries. Barbara was sitting across from me reading. She was very polite. Upon seeing my laptop she assumed I was there to do some work. She asked me what I did for a living. I said that currently I was looking for work and that I had gone on some interviews. She told me that she

Putting a Face to the Facelesstoo was looking for work. Barbara had been laid of from her job earlier in 2004. By her own description, she was fifty-nine years young. She spoke about the upcoming interview she was to go on for an administrative assistant’s position. Barbara told me how hard it had been just to find a job that would pay her enough; just to cover her cost of living in Westchester County. She spoke of the temp jobs she had taken which only paid her seven or eight dollars an hour. Barbara missed working in New York City. She was once a consultant for a bank from which she was laid off a few months after 9/11. The cost of housing had gotten so high that for a while Barbara would commute from Albany to New York City for her job. To her, the capitol buildings in Albany represented a facade; it hid what was going on in the city itself. She talked about the situation of Albany and how it too cried out for economic relief. Between her taking a breath, I interjected that I had grown up in New York City. I told her about the conditions of the housing projects in Yonkers that I recently learned about as I was canvassing the area for a local campaign in the ‘04 cycle. I spoke of how angry I had become; I felt that people deserved better. We then both agreed that we could not always place blame on society. She noted that those housing projects did not start out in a state of failure as they were in now. She said, “No matter where you are, you are not far enough from a bar of soap, and a cloth.” She mentioned that ammonia had always been “affordable.” I concurred, and told her part of the way to begin to help people is to

show them how to respect and value what they have. Even if someone had yet to attain a higher income bracket than they presently found themselves in, it behooved those who aspired for more to value what they had achieved as they worked for something better. Society must insure that people who exhibit drive and determination have the opportunity to succeed no matter their circumstance or background. We must help people who are willing to help themselves. Yet I encounter too many people primed to work and to learn who lack the opportunities some believe are available to everyone. This reality still resides locally, statewide, and nationally to our collective shame. Barbara was upset; she spoke of how she, among so many others, was suffering. She said that after graduating college she had not foreseen her present circumstance being part of “the plan” for her. She questioned why we were spending billions of dollars in Iraq when we were not even taking care of our own in this country. She is originally from the Midwest and

considered herself to be a “worker- bee” and not just a “paper-pusher.” She wondered how an affluent county like Westchester and a state like New York could allow people to go on living this way. Barbara did not place all the blame on the president; I tried to talk to her about what his tax cut scheme had done to make the situation worse. She said that this problem had been going on way before Mr. Bush ever stepped into the White House. I did not ask her what she thought of the current occupant of the Governor’s Mansion, George Pataki at the time. Barbara was a proud person; I could see that in her eyes. She was independent and tough. She did not like taking hand-outs. So I was surprised to hear that she was also homeless. She had been fighting for a job and affordable housing. In her own words, “I want real affordable housing.” She was told her standards and expectations were very high when she voiced that she did not want to live in a place infested with cockroaches and other vermin. Barbara has been living in her car because the conditions of some of the shelters in Westchester County were appalling. When I originally wrote the article, she was writing to then Westchester County District Attorney Jeanine Pirro to plead with the District Attorney’s office to take a look into some of the criminal activities, drug user elements, and the theft at some of the shelters. Barbara feared the criminal and drug user element at some of these shelters; she had previously had things stolen from her at these shelters. Barbara is one of the people who

needs help; and she desperately wants that help. The question I ask those who govern the county and the state is how do we lift these people from their present circumstances? I have come to recognize that. when one of us suffers; we all suffer. There are those that subscribe to the rugged individualism theory. They say it’s every man or woman for themselves. Too many people choose not to appreciate the desperation poverty breeds. Poverty can be a catalyst that drives people to greater ills. As a society, we are only as strong as our weakest link. America’s middle class is so tightly squeezed that it presently nurtures too many Barbara’s. Let’s face it: “You first need the bootstraps before you can begin to pull yourself up.” We must address the problem of poverty and the problems of those in the middle class or we all fail in the long run. Barbara said, “The people put elected officials in office to work for them, if they don’t, then ‘We the People’ must take them out of office.” While there are those office holders who fight the good fight, how many of them don’t? As the months passed, Barbara would eventually find a temp job in an office in Tarrytown. Before that, she did a temporary stint at Home Depot. However she still lives out of her vehicle. When I last saw her in December, she was headed to the One Stop Employment center in White Plains, NY. As time passed, I realized that Barbara likely suffers from mental issues, as well. That is not surprising. Besides, it does not mean that she is any less deserving of a new deal.

some American matadors who do not pander to their fund providers, kick troublesome cans down the road, pass the buck, fix the blame on others, cover their political assets, avoid admitting their mistakes and either smooth over or stir up the litter box of government without disposing of its malodorous contents. (Okay, a mixed metaphor, but it seemed to fit). There are also, one can fantasize, bulls that are appreciative and protective of fine china, but that IS too much of a stretch. If you care a rat’s nose about our country’s future, you’ll do what you can - right now - to take our politicians to task. It might end up as an exercise in futility, but it beats standing outside an endangered china shop and shouting “OLE!” Footnote: Yeah, we talked about this a few months ago, but have you.....?

Freelance wordworker Joe Klock, Sr. (joeklock@aol.com) is a winter

Floridian who summers in New Hampshire.

More of his “Klockwork,” is at www.joeklock.com.

from pg. 2

To Save the China Shop,

Stop the Bull Now!

By Paul Feiner, Greenburgh

Town Supervisor Televise Town Board Work Sessions;Post All Resolutions that Will be Voted Upon by Town Board Members on Website; andPost Agendas on Town Board Work Sessions on Website by Close Friday Before Town Board Work Session MeetingGREENBURGH, NY -- I intend to introduce two resolutions before the Town Board on Wednesday evening. These resolutions are designed to help make Greenburgh government more open. It’s your tax dollars that are being spent. You should be given the maximum amount of information regarding decisions that are being made that impact your lives. In response to complaints from residents that copies of resolutions are not readily available to citizens prior to Town Board meetings – I plan to propose a resolution to have all resolutions that appear on the tentative Town Board agenda be posted on the town web site: www.greenburghny.com by the close of business on the day the tentative agenda of the Town Board is released to the public. This will provide residents with the

The Feiner ReportThree Open Government Initiatives Proposed

opportunity to review resolutions before they are actually voted on.In addition – many issues concerning the town are discussed at work sessions of the Town Board every Tuesday afternoon. I am proposing a resolution urging agendas of every work session of the Town Board to be posted on the town Website: www.GreenburghNY.com by the close of business on the Friday before every Tuesday Town Board

work session. This will provide residents with the opportunity to attend portions of the meeting that interest them.Finally – I will continue to work to have meetings of the Town Board work sessions televised on cable TV. Televising work sessions will provide residents with the chance to observe the give and take that takes place during the less formal Town Board work sessions every Tuesday. I believe that dial democracy should extend to the work sessions – residents should have the opportunity to call in during these work sessions to express their views on important issues concerning the town. I proposed that meetings of work sessions be televised over a year ago – without success. Will try again! Government should be a partnership between the people and the elected officials.Become part of the discussion… Express your thoughts… Visit Paul Feiner’s blog: www.Pfeiner.Blogspot.com

YONKERS, NY -- Assemblyman Mike Spano (R, I, C - Yonkers), a determined and consistent force behind development and passage of laws to protect children from dangerous sexual predators, was joined at a recent press conference in Yonkers, New York, by Councilwoman Dee Barbato (R-Yonkers) to announce legislation to focus on, and severely punish, those who attempt to lure a child. “After a pedophile tried to lure five Yonkers children into his car last week, I am renewing my call that this legislation be addressed in Albany - immediately,” said Spano. Spano first introduced the legislation in 2004, during which time he served as Chairman of the Sexual Assault and Violence Education (SAVE) Task Force. Spano is also credited with forcing passage of legislation that enacted the New York State Sex Offender Registry, or Megan’s Law, and as a co-sponsor of the new civil confinement law. “I am thrilled civil confinement was passed because it will keep many of these offenders off our streets,” stated Spano. On March 3, Ric Prince, 57, of Hartsdale attempted to lure a 12-year-old boy into his car and then an hour later, attempted to lure four girls into his car as well. Prince was charged with five counts of endangering the welfare of a child, only a misdemeanor offense punishable with up to one-year maximum incarceration. Spano’s bill would create the crime of attempting to lure a child, a felony offense that would keep predators locked up longer - specifically, by up to 7 years in prison. To date, there are nearly 500 convicted

Assemblyman Spano: Protecting Children from Pedophiles

sexual predators living in Westchester County, 160 of which live directly in Yonkers. The state Department of Criminal Justice reports that 26,400 offenders were released back into society last year and predict another 26,000 will be released this year as well. Councilwoman Dee Barbato stated, “After last week’s turn of events, it is without question that I join with Assemblyman Spano to call on the State Legislature to enact this common-sense proposal. This is a proactive law that when in force, will prevent tragedy. Our kids should be able to walk home from school or just play in front of their house without the fear that some sick individual would grab them or do other horrible things.” With SAVE, Spano heard testimony from countless sex predators who told lawmakers they believed themselves that they would continue to pose a risk to society if

released. Spano also worked with victims and victims’ families to help develop legislation and urge the Legislature to enact them. “The risk is too great for our children - we must take action now, we need to do something about the ones who are already out there,” stated Spano. “These sick criminals have said it themselves - ‘keep me locked up because I will do it again.’ We can not afford to wait any longer to strengthen the sexual assault laws in our state.” The Assemblyman now serves as Chairman of the new Sex Offender Watch Task Force. “When it comes to protecting our children, we need to enact the toughest measures possible. That is why I am re-introducing this measure and hope Albany lawmakers will realize the urgency in passing this bill,”

concluded Spano.

(Left to Right) NYS Assemblyman Mike Spano, with Kathy Kuhnel, President of the Homefield Association, and Yonkers City Councilmember

Dee Barbato (District 6).

more campers’ family members the opportunity to attend. This year’s theme was “Beach Party” and the campers danced and sang to songs from the Beach Boys, and other summertime artists. Information about Camp 2007 will be available soon on the Village website, with registration in March.

Scaled Down Avalon II Project Gains Approval In 1997 the Avalon II housing development project was proposed to the Town of Greenburgh seeking to construct 794 dwelling units on lands bordering the Village. The Village expressed concern from the outset about the impacts of the proposed plan, specifically the proposal to access the site through village streets and the consequential traffic impacts on the Village downtown. The Village with the assistance of its Inter-municipal Development Committee worked hard to reduce the size of the project and eliminate any considerations of access to the site by way of Village streets. In December following its just reviews and communication of concerns and priorities to both the Town and the applicant, the Village agreed to the Town Board concluding the environmental review process by approving a plan, subject to site plan review and approval, of a reconfigured design that eliminated any connection between the project and village streets and reduced the size of the development to only 444 units.

Beautification Summary The following are among some of the accomplishments of the Village’s Beautification Committee during 2006:• Village Cleanup Day.• Increased Business Area Planters.• Planters were professionally planted in association with several local businesses.• Expanded street Christmas decorations.• Plantings at the Village’s Gateway Welcoming Signs & Business District Locations.• Seasonal Plantings.

Village Joins Ardsley Library During 2006 the Village of Elmsford formed a new partnership with Village of Ardsley, and the Ardsley Public Library, to provide full library services to Elmsford residents through the Ardsley Public Library. Two main factors contributed to the formation of the new library partnership, the Village’s need to stabilize raising costs and the desire to insure full library services through the Ardsley Public Library and the Westchester Library System during a time when the Greenburgh Public Library operation was being scaled down to satellite sites. While change is difficult at times, the new public service partnership that has been forged between

Elmsford: The Village That Could2006 Year In Review

Elmsford and Ardsley has proven successful even through it infant stages as the resources of two small Villages are pooled together to the benefit of both communities.

Water Department/Village Facilities 2006 Summary• Produced over 230,000,000 gallons of water through the Village System.• System interconnection meters tested and repaired.• Repaired 3 major system leaks.• Replaced 6 and repaired 10 fire hydrants.• Completed annual fire hydrant flushing program.• Undertook system wide valve box cleaning program completing 160.• Responded to 19 sewer back up calls.• Responded to 28 water emergency calls.• Undertook numerous meter repairs, reading rechecks and leak checks.• Implemented sewer system root control treatment program completing over 2000 feet of pipe.• Completed 180 water tests above mandated daily testing.• Completed 40 Lead & Copper tests.• Completed over 80 hours of staff training.• Successfully maintained the Village water system in compliance with New York State Sanitary Code Part 5.Village Facilities:Village Facilities:• Assisted with new Highway Facility Setup and reorganization of Water Shop.• New fence installations at Water Shop, and Senior Center• Maintained Village Hall, Senior Center, and Park buildings on a daily basis.• Set-up, prepared, for all Dedications, Openings, Holidays, and Special Events.• Assisted with setup and cleanup of Village Summer Camp.

Building Department 2006 Summary During 2006 the Building Department made preparations to comply with changes to the NYS Uniform Building & Fire Code and State Law changes which went into effect January1, 2007 requiring increased annual inspections and revisions to the Village Building Code. New computer software was put in place during the year which tracks plan reviews, permits, inspections, certificates of occupancy, as well as code enforcement complaints, violations and tickets. The Building department processed over 400 applications in 2006, performed over 50 Fire Inspections, which included all Hotels, gasoline service stations and repair shops as well as other commercial establishments. The Department collected over $240,000 in permit and inspection fees increasing its revenue 114% over 2005.

In conjunction with the Safe Housing Task Force the Department continued its enforcement of unsafe, overcrowded, and illegal dwelling units throughout the Village. Working with homeowners to eliminate illegal dwelling units or un-permitted work to bring homes in compliance with building and fire codes. After a long career with the Village of Elmsford, Plumbing Inspector John Caley, Jr. retired in 2006. The Village Engineer/Building Inspector Antonio V. Capicotto, P.E. and Assistant Building Inspector Martin G. Rogers, P.E. now perform the duties of Building, Fire and Plumbing Inspector, Code Enforcement Officer, as well as performing duties of the Village Engineering Department.

Highway/Sanitation Summary 2006 started off as a busy year for the Highway Department, in between the normal winter plowing and sanding the Department undertook the task of relocating its total operation to a new location at 11 Hayes Street. The Department’s new facility provides greatly needed space to safely maintain all department equipment inside.Work Tasks Highlights:• All catch basins throughout the Village were cleaned with repairs made to 17 of the basins.• Drainage rip rap was installed in the coverts on both side of Knollwood Extension improving drainage & safety.• 192 streetlights repaired/replaced, 4 new streetlight assemblies erected.• 77 faded parking and stop signs were replaced.• Assisted with the construction of a new 8 space public parking lot on Frontage Street undertaking the clearing, leveling, guardrail and meter installations.• Assisted with the preparations and cleanup for Elmsford Day, County Fire Parade, and Memorial Day.• Assisted the Town of Mt Pleasant during the summer with tree and debris removal over the course of several days when they were devastated by heavy winds and a tornado.• Averaged 4,500 pounds of rubbish collection daily.• 8,900 pounds of tires collected and disposed.• Average pickup and disposal of 62 yards of organic materials weekly.• Maintained the Village’s entire equipment and vehicle fleet including Highway, Sanitation, Police, Water, Fire and Building Dept.

Police Department 2006 SummaryPersonnel: Maintained full staffing status throughout 2006.Calls for Service: 4,537 total calls for service during 2006.Detective Division: Handled 178 cases with only 4 cases remaining open into 2007. Assisted numerous

see Elmsford Pg. 4

MARCH 15, 2007PAGE 4 WESTCHESTER TIMES TRIBUNE

A&E • Business • Community • Obituary

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Elmsford: The Village That Could2006 Year In Review

other departments in various investigations and arrests.Juvenile Matters: The Department was involved in 11 juvenile cases during 2006 as well as participation in DARE, Kidcare, Juvenile Law Education Project, Lectures and demonstrations, and Investigations with the Greenburgh Alcohol & Drug Taskforce.Grants/Revenues: Obtained Traffic & Safety Grant for $9,800 assisting in the purchase of two Radar Speed Limits signs for installation on Hartsdale Road in the area of Alexander Hamilton High School.Taxi Licensing Program: 2 Dispatch Licenses, 49 Taxicabs permits and 59 Taxi driver permits issued.Training: All Department Training was fully maintained during 2006 in the areas of; Firearms, Article #35, PR-24 & ASP baton, O.C.

Spray, Radar/Laser, First Aid, AED, and Intoxilizer. Additionally the Department attained fully ICS (NIMS) compliance during 2006.Constables: The Elmsford Constables maintained full staffing levels during 2006 with 10 members serving a total of 1,320 volunteer hours providing valuable service and assistance to the Department and Village.

Planning For Today & Investing In The FutureThe Village’s Engineering Department was instrumental with the implementation of the following projects in 2006:Winthrop Avenue Dog Park: Design and construction of Village’s new Dog Park at Winthrop Avenue in coordination with Village Highway Department.Senior Center Parking Expansion: Senior Center Parking Lot expansion, including new pavers,

planters, and period lighting.Carol Nicholas Park on White Plains Avenue Improvements: Tennis court refurbishment & additional park parking and sidewalks.New Municipal Parking Lot: Designed and coordinated construction of new municipal parking lot on Frontage Street.Paving Projects: North Evarts Avenue and Club Lane.Club Lane Sewer: New sewer line constructed servicing Club Lane and the new Knollwood Crest development.Other Supported Areas: Water System, Site Plan Reviews, Storm Water Compliance, ZBA, ARB, Village Facilities.

Emergency Preparedness 2006 Goal There is enormous potential for widespread disruption of everyday life if an unforeseen emergency

occurs. The breakdown of normal systems of communication, transportation, power supply, or other natural or technological emergencies can affect the lives of many of our residents. It is with this in mind that the Village set forth to improve emergency preparedness with several major goals accomplished during 2006. In January the Village’s first Emergency Operation Center was opened. The EOC is the central command facility responsible for carrying out the principles of emergency preparedness and management functions at a strategic level in an emergency situation. The EOC is furnished with the necessary communications, computer, and planning equipment to provide Village personnel and officials with the tools to effectively manage emergencies. In March the Village adopted a new Emergency Response Plan.

The Emergency Response Plan ensures that Village personnel and officials are given the means to respond rapidly and with full knowledge of what resources and systems are in place to confront the situation. In July the National Incident Management System was adopted and implemented. In September the Village became the first municipality in the County to have all emergency first responders as well as all village personnel and officials certified by the National Incident Management System (NIMS) training/program.

Recreation Program HighlightsSeasonal Events: Easter Egg Hunt, Halloween Party, Christmas Party & Celebration of Lights, Santa Letters, Radio City Spectacular.New Activities: Family Skate, Toys for Tots Drive, Movie Under the Stars, Pumpkin Glow, Breakfast

From Page 3 with Santa, Senior’s Teas, Warrior Workouts, Energize and Tone, Cheerleading, and Soccer Clinics.Continued Activities & Events: Yoga Classes, Pilates Classes, Participation in Memorial Day Parade & Events, Participation in Elmsford Day, Fall Soccer, Winter Basketball, Spring Baseball/Softball.

Additionally with temperatures above 100 degrees for several days in July and August, Elmsford Rec. coordinated an Emergency Cooling Center at the Community Senior Center providing residents with a safe place to beat the heat, providing cold drinks, food, snacks, TV, computer access, and games for all ages.

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Theresa J. Sansone (nee Yozzo), a lifelong Yonkers resident, died on Tuesday, March 6, 2007 at Calvary Hospital. She was 72 years old. She was born on January 24, 1935 to Frank and Mary Berardo Yozzo in Yonkers, where she was raised and educated, graduating from Commerce High School. Mrs. Sansone was a parishioner of Sacred Heart Church. According to her family, “she loved children and her granddaughter, Angela, was her life.” In January 1954, she married Lawrence J. Sansone in Sacred Heart Church. Mr. Sansone survives and lives in Yonkers. In addition to her husband, she is survived by two sons, Lawrence J. Sansone, Jr. and his wife Kelly of Cary, NC, and Stephen Sansone and his wife Karen of Yonkers, and two brothers, Frank Yozzo of Yonkers, and Clement Yozzo of Eastchester. She is also survived by her three grandchildren, Lawrence III, Kelly, Jr. and Angela. She was predeceased by two brothers, Gregory and Nicholas Yozzo and two sisters, Angela Yozzo and Rosemary Carozza.

Sansone, Theresa J. (nee Yozzo)

Chelsea Handler, star of The Chelsea Handler Show on the E! Network, is coming to Tarrytown for one show only. She will perform at The Tarrytown Music Hall on Saturday March 17, 2007 at 8:00pm. Tickets are on sale now and can be purchased at www.tarrytownmusichall.org, the Tarrytown Music Hall box office, or by calling Ticketforce at 877-840-0457. Tickets are $32.50. As a successful comedienne, Chelsea has performed stand-up at venues and festivals throughout the country including the Montreal Comedy Festival and the HBO Comedy Arts Festival in Aspen. Chelsea also performed her stand-up for Comedy Central’s Premium Blend and The Tonight Show with Jay Leno, the latter of which led to work as a recurring correspondent on the show. She also has a Comedy Central Special coming out on March 9th. Chelsea’s first book, entitled My Horizontal Life: A Collection of One Night Stands, published by Bloomsbury, was recently released in the U.S. and over twenty other countries. It has become a bestseller on several lists. She also has a new

Chelsea Handler to Appear at Tarrytown Music Hall

book, Are You There Vodka? It’s Me Chelsea, coming out in 2007. Chelsea was the star of Oxygen’s Girls Behaving Badly for its first four seasons, which is now syndicated in over 90 markets. She has made guest star appearances on shows such as Comedy Central’s Reno 911, ABC’s My Wife and Kids, FOX’s The Bernie Mac Show and David E. Kelley’s The Practice. E! recently announced they will make 30 new episodes of her hit show, The Chelsea Handler Show.

MOUNT VERNON, NY -- Church Women United is a national movement of Protestant, Roman Catholic, Orthodox and other Christian Women. It is a racially, culturally, theologically inclusive Christian women’s movement, celebrating unity in diversity and working for a world of peace and justice. Church Women United will honor Mrs. Nancy Finch of Mount Vernon, NY, as their valiant lady. The keynote speaker is Ms. Judy Williams also of Mt. Vernon.

For more information please contact the Luncheon Committee Chairlady Elease Lyde at (914)

664-2214. Donation is $45.

Mount Vernon Chapter of

Church Women United to Hold Annual Spring

LuncheonSaturday, March 17,

2007, 11:00 A.M. at the Davenport

Country Club in New Rochelle, NY

ARMONK, NY -- Sage Yoga and Meditation Center, a beloved fixture of Maple Avenue in Armonk since 2002, is relocating to The Gym, a spacious, new health club, just minutes away from its current space, beginning March 5. The move capitalizes on the growing popularity of Yoga in Northern Westchester and the desire for Sage to offer more classes to more students. “Additionally, this new home for Sage offers students wonderful amenities we never had,” according to Sage owner Susan Rubin, “A wonderful, enlarged space with babysitting, sauna/steam and spa, without losing what we’ve always had - our ‘kula’ (community of heart).” Sage will mark the move, which coincides with the facility’s fifth anniversary with a Puja Party – a celebration designed to make friends and deepen heart connections with oneself, others and the world.

The puja ritual is rooted in guided meditations based on tantric exercises, shamanic energy work, yoga practices and creative movement. The party will take place later this month at the new location.

Sage Yoga and Meditation Center Expands in The Gym in Armonk

Other upcoming workshops include Kirtan with Wynne Paris, March 8 (at the current Sage location); Eye of the Tiger practice with Lois Nesbitt, March 30 and Anusara Yoga: Get your Grace On, April 12 -15 at the new location. More information about these and other workshops can be found at www.seasonalyoga.com. The new facility will feature the same Anusara classes and instructors, but there will be more class and time options. Other amenities at The Gym include a juice bar, showers and a receptionist to help with administrative needs.Current Sage students need not join The Gym in order to take class and all outstanding classes will be honored in the form of day passes. If current students do choose to join The Gym, they will receive a discounted membership.Susan and her instructors are looking forward to transferring all the comfort and pleasure of the original Armonk studio to the new Sage facility and to greeting old friends as well as new ones.

The Gym is located at 99 Business Park Drive, in Armonk.

MARCH 15, 2007 PAGE 5WESTCHESTER TIMES TRIBUNE

Automotive • Judiciary • Travel

down, the temperature plunged into the teens and the winds raced through the New York City suburbs in gusts pushing the 40 miles an hour. The snow, which had been melting during the day, left many roads covered with a black layer of hard ice – the kind you don’t know you’ve hit until it is too late to bypass. I rounded a corner on a quiet street and found myself on a sheet of ice spanning the street and

Shifting GearsNot for City Slickers: Road Racing, Audi Style

From Page 1

stretching about 100 feet. There was a slight wiggle in the rear as the sensors in the stability control program assessed the surface conditions and then adjusted each wheel accordingly. The Audi then continued around the corner and across the ice flow as smoothly as if it were high noon on a dry, sunny day. The RS 4 looks good on the city street, with smooth lines flowing from the black double grill and over

the seven-spoke aluminum wheels. There is ample arm and leg room for the average NFL player and the rear seats fold down if necessary to enlarge an already ample trunk. Inside, however, this racing sport machine lives up to the Audi reputation for comfort, and provides the amenities you would expect in a vehicle whose price tag pushes $75,000. Both the front and rear leather seats in the RS 4 can be heated, and the five-level seat thermostat allows the passenger to adjust for comfort during mild chills or arctic blasts. The entertainment system comes with a six-disc CD player located in the glove box, as well as AM, FM, and Sirius satellite radio. It is also mated to a Bluetooth phone system for hands free calling with clear reception anywhere in the vehicle. Whatever sound you choose comes through a Bose system with 10 speakers, including two in each door and a pair of sub woofers in the console. It’s the kind of system which was created to appreciate Miles’ horn, and the younger set can use to crank out Usher for the neighborhood block party. Audi’s Racing Sport 4 is a car

that looks good anywhere. But in reality, with a machine this finely crafted, you want to leave the city slickers and traffic behind, find an open, empty road, and let it fly. 2007 Audi RS 4 MSRP: $73,520EPA Mileage: 14 MPG City21 MPG HighwayAs Tested Mileage: 12 MPG Mixed Performance/ Safety: 4.2-Liter aluminum V-8 engine producing 420 horsepower and 317 pound-feet of torque; 6-speed manual transmission; asymmetrical dynamic, rear-based, 40/60 Quattro; electronic stability program; anti lock brake system; 19-inch 7-double spoke wheels’ 8-piston front brakes; bi-xenon front headlights; driver and front passenger two-stage front and side airbags; heated outside rearview mirrors; four-link front suspension; trapezoidal-link rear suspension. Interior/ Comfort: AM/FM/ Sirius satellite radio; 6-disc CD and MP3 player; Bose surround-sound, 10-speaker system; tilt, telescope, leather wrapped steering wheel with fingertip controls for

entertainment system and cruise control; heated front and rear seats; power adjustable front seats w/ driver memory; dual zone climate control w/ dust and pollen filters; Bluetooth telephone connection;

DVD navigation system.Roger Witherspoon is automotive columnist to the Dallas Examiner, Westchester Times Tribune, and Yonkers Tribune, among other media.

By Henry J. Stern

Thursday we sent you “The Longest Article Ever”, which told how and why the selection process for the Court of Appeals of the State of New York changed from popular election to appointment by the governor from a list recommended by a screening panel. The change was accomplished by an amendment to the State Constitution, approved by the voters in 1977. The adoption of that amendment thirty years ago did not however signal that all judges should be appointed, or that justices other than those sitting on the Court of Appeals should be elected. The vote was what is called in law “sui generis.” We continue today with what will be a short series on judicial selection. We will try to describe some of the qualities we want, and those that we do not want in judges or justices. Our language will be more sedate than the headline. How best to choose judges is an extremely difficult question to answer. Varying election methods will result in different types of lawyers who will become judges, as well as different individuals with different backgrounds and supporters. We all want, or should want, judges who are honest, intelligent and diligent. We specifically do not want judges who have paid bribes for their nominations, are obligated to politicians or anyone else who will exert improper influence, or hold personal notions of justice which they wish to impose on the community regardless of the law. We want judges who are thoroughly familiar with the law, and will not be intimidated by lawyers who may be more polished and elegant than they are, and most likely wealthier, owning newer cars, finer suits (that is one advantage of judicial robes) and larger homes. We do not want judges who tyrannize the courtroom, abuse litigants, intimidate witnesses and attorneys, and see themselves as the alpha and the omega of judicial proceedings. We want judges who will respect the law as it is generally understood, and who have sympathy and understanding for the people who appear before them on both sides of a case. We do not want lazy judges, who arrive at the courtroom late, who leave early, take long lunches, and postpone cases to satisfy their personal desires. We want judges who are of

diverse backgrounds, from all parts of the legal community, but we do not want merit and fitness to be disregarded while judges are chosen primarily on the basis of their race, religion, gender, national origin, sexual orientation or lack of it, disability or the absence of disability, public office held or not held, or any other factor extrinsic to their ability to serve fairly and effectively. And we want all this in a man or woman, to whom we will pay a salary which is less than starting attorneys earn in first-class law firms. We rightly forbid judges from practicing law or receiving other earned income. This, however, leaves them dependent on unearned income (dividends and interest); savings from their previous career as lawyers; the earnings of their spouses; or the bounty of their parents or siblings. Without these additional sources of income, they must adhere to a very moderate life style, particularly if they have families of their own to support and educate. Nonetheless, we have many more people who want to be judges than there are seats on the bench in the State Supreme Court, Civil Court, Surrogate’s Court, Court of Claims, Criminal Court and Family Court. There are administrative law judges and judicial hearing officers, the Federal courts have magistrates, and all these judges are supported by an even larger number of non-judicial personnel. The true (or false) administration of justice is a major business in itself. There are, however, plusses. A judgeship provides many gratifying experiences apart from the paycheck. The first is security - you will be employed for life, or for a term of many years. Unless you do something very wrong, you will most likely be reappointed or reelected when your term expires. If you are a Federal judge, you can retire at full pay and participate in the adjudication of cases as a senior judge. Another highly valued quality is “judicial temperament,” which usually refers to one’s behavior on the bench. A judge should neither be partisan or biased nor passive and disinterested. Each case should be regarded as important because it is important, at least to the litigants who are having their day in court. A difficult question to answer is what is a judge to do when one party, or witness is obviously lying to the court. Should the jurist sit back like a tennis referee in his high chair

and the let the stronger lawyer o v e r w h e l m the weaker advocate, even if that means justice is not served? Should judges take an i n t e r m e d i a t e posture between p a r t i s a n s h i p and disinterest? Justice is r e p r e s e n t e d as blind (presumably to bias), but should it also be blind to reality. Others may differ, but we think judges have a responsibility to do the best they can to see that substantial justice is done. Real cases are not like moot courts, contests, where one picks a winner by judging the skill of the contestants, rather than the merits of the case. There is also the prestige, the robes, the attendants, being addressed not by name but as “Your Honor,” having people rise to their feet when you enter the courtroom. You live in a world where courtiers (but not necessarily courtesans) are habitually subservient to you (or pretend to be). None wishing to incur your displeasure, they laugh at your witticisms and observations no matter how lame or trite they may be. As a judge, you are king of the world, as long as your world is bounded by the four walls of the courtroom. Right after law school I had the privilege of working four years in the New York County Supreme Court (with occasional months in the Bronx, overlooking Yankee Stadium) and I learned that there was no more insular climate than that which surrounded the judiciary. Judges were lionized by attorneys who may today or someday have matters before them. They were invited as guests to various events, some providing food and offering drinks. Some judges receive honors and awards over the years from various charities, with accompanying plaques, which they display on the walls of their chambers. There is probably less stratification and fewer perks in the courts now than at the bygone era when I apprenticed there, but courts are distinctly hierarchical and scarcely models of social equality. As for the Federal courts, the magnificent marble palaces which house the judges and their staffs have provided a new dimension of opulence to civic architecture. The

Daniel Patrick M o y n i h a n Courthouse at 500 Pearl Street, said to have cost a billion dollars to construct, is a structure worthy of Cheops. Judges occupy spacious chambers there and in the 37 story tower at 40 Centre Street (completed in

1936 and now named for Justice Thurgood Marshall). The two courthouses have suites for each judge on the Second Circuit and the Southern District of New York, as well as courtrooms, jury rooms, and cells in the basement, which, a guide pointed out, housed Julius and Ethel Rosenberg while they were on trial upstairs. Oddly Federal judges, who work in luxury and can decide cases worth billions of dollars are paid so modestly that, at least in New York, they have a hard time making ends meet. The picture suggests blackbirds starving in a gilded cage. It may be argued that judges also cannot afford to serve are free to leave the bench; the servitude is not involuntary, there will be no shortage of suitors for the vacancies. But that rings hollow when we are searching for excellence. On the other hand, for public sector lawyers, a judgeship often brings an increase in salary. For those in the private sector, it either means a substantial reduction in compensation, or they are pretty unsuccessful lawyers. We believe it would be preferable to have a balanced bench, composed of lawyers with a variety of professional backgrounds, public and private. Although Federal judges often come from private practice, state and local judges frequently are Legal Aid alumni or law secretaries to other judges who have climbed that ladder. In fact, most judges work hard and serve ably. In no way is this article intended as an attack on judges (They are sensitive, like the rest of us). They feel repressed at not being able to respond to press criticism, which is sometimes fair and sometimes unfair. Hopefully, they get over it and do not take it out on the litigants before them. There are particular problems however, in Brooklyn, the appointed Federal judges and U.S. Attorneys in the Eastern District

are generally substantially more able than the elected State Supreme Court justices, some if whom were selected by former Assemblyman Clarence Norman Jr., the Democratic leader of Kings County. Norman has now been convicted thrice (he was acquitted once) of acts which are corrupt but relatively minor. It is said that this is because there is insufficient to evidence to prosecute for what are said to be greater sins, selling judgeships, but we cannot fairly say he is guilty. Brooklyn D.A. Charles (Joe) Hynes has been both praised and criticized for these prosecutions, but the technique is similar to prosecuting and convicting Al Capone for income tax invasion because the witnesses to the murders he is said to have committed were either deceased or, for some reason, uncooperative. We reaffirm our belief that judges are, for the most part, honest and decent men and women working to the best of their ability. There is a substantial question over whether, with present methods of judicial selection, their ability is high enough to provide a high level of justice. Some judges are exceptionally good, and a few are really bad. Another factor is that judges’ minds and attitudes change over the long years they are on the job. Like other people, judges may become senile, arrogant, cranky or bored as their brains shrink over the years. Such behavior is difficult to punish unless it becomes extreme. A bad judge is like a rotten apple, except that it is much easier to dispose of a bad apple than a rotten judge. The core issue in judicial selection should be which method will lead to better judges, and at the same time be fair to the community, both legal and non-legal. If knowledge of the law were the only criterion, we could give a civil service tests similar to the bar exam, and select the highest scorers to be judges. In France, there are competitive examinations for entrance to a two-year school that trains judges, which one attends after completing a three year program at law school. Their judiciary is appointed from alumni of this elite school; they do not elect the French judiciary. That’s one way. In the next article, we will discuss the pros and cons of various methods of judicial selection. We invite people with opinions on the issue to send us their views, which we will make available on our blog. Correction: A reader, David Levine, now of Hobe Sound, Florida, has advised us, via Jerry Skurnik, that, in 1973,

the Conservative Party nominated Justice James Leff for the Court of Appeals, not Judge Charles Breitel, who was the Republican-Liberal candidate. They chose Leff in an unsuccessful effort to defeat Breitel, a liberal Republican who had served under future Governor Thomas E. Dewey, who at the time was New York County District Attorney. Amplification The Judicial Screening Panel for the vacancy on the Court of Appeals caused by the retirement of Justice Albert M. Rosenblatt on December 31, 2006 recommended these seven candidates for consideration by Governor Spitzer: Juanita Bing-Newton, administrative judge of the New York City Criminal Court; George F. Carpinello, an Albany lawyer; James A. Yates, Supreme Court justice in Manhattan; Theodore T. Jones, Jr. Supreme Court justice in Brooklyn; and three justices on the Appellate Division: Richard T. Andrias, Steven W. Fisher and Thomas E. Mercure. Governor Spitzer appointed Justice Jones to the Court of Appeals on January 14, 2007, where he will be known as Judge Jones. He may serve until December 31, 2015, the last day of the year in which he will turn 70. Judges or Justices? In New York State, the seven members of the Court of Appeals, the state’s highest court, are called Judges (one is Chief Judge). Members of the State Supreme Court, a trial court, and the four departments of the Appellate Division (intermediate appeals courts), are called Justices. The reverse style is followed in the Federal court system. The nine members of the United States Supreme Court are called Justices (one is Chief Justice), while men and women on the twelve circuit courts (intermediate appeals courts) and district courts throughout the country are called Judge.

Henry J. Stern is president of New York Civic (www.NYCivic.org) and

a blogger on public issues. He was New York City’s Parks Commissioner for fifteen years

under Mayors Koch and Giuliani.

He can be reached by e-mail @

starquest@nycivic.org

S o u t h F

New York CivicWhat Makes A Good Judge? Begin with Great Integrity, Add Brains, Guts and Balls

New York Civic

By Justine Palazzo In the year 2010, people from all over the world will visit the picturesque German Alpine village

KEEPING A 377 YEAR OLD PROMISE: OBERAMMERGAU, GERMANY 2010of Oberammergau to witness the 41st performance of a play depicting the story of Christ from His entry into Jerusalem on what is now called Palm Sunday until his death on the cross. The history of the play began in the year 1633 a time when the dreaded Black Plague was ravaging through all of Europe causing the deaths of over one third of the population.The citizens believed that because they were located in a valley between the mountains they could

protect themselves by closing off all entry roads to the village. Unfortunately a local boy who had found work in a near by town became homesick to see his home and his parents. He knew a way to enter the village via a pass through the mountains. He brought the Black Plague with him. Within 2 weeks 13 people were dead. The devastated community made a pledge to god that if there were no more deaths, they would, for all eternity, perform the Passion of

Christ every 10 years. They fulfilled their pledge the first time in the year 1634 in the cemetery erecting a stage over the graves of the plague victims. In the year 2010 more than 2,000Oberammergauers, actors, singers, instrumentalist and stage technicians will bring to the stage of their impressive theater those events Christianity regards as its central source of life and hope in approximately six hours of playing time.

The play is performed from May through October tickets are always at a premium. The performance in 2010 will be the first in the 21st century and it is expected to bring even more people to witness this spectacular performance. The theater is open to the sky allowing the weather, sunlight or shade even the flying birds to create a realistic setting. The men of Oberammergau stop cutting their hair one year before the play begins, the costumes are authentic

and the Crown of Thorns comes from Jerusalem. The box office will open at the end of 2007 to begin accepting reservations. The tickets include two nights accommodations, theatre tickets and one lunch.

Tallyho Travel in Elmsford is accepting priority reservation requests for this world famous

production. For additional information and tour itineraries

call 914-592-4316; or email tallyho475@aol.com

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