Opaque Transparency

The Merriam-Webster definition of transparency is shown below. We purposely decided to show it rather than type it out so as to, ahem, be transparent.

A screen capture of the definition of the word, transparent, from
the Merriam-Webster digital dictionary.

Staffers at ABG thought the most accurate definition was #2a: free from pretense or deceit :frank. As in the nursery? Seriously though, free from pretense or deceit accurately sums up the machinations taxpayers have been punished with as Mr Feiner seeks a way to steer the multi-contaminate property at 715 Dobbs Ferry Road to his chosen beneficiary GameOn 365.

Mr Feiner routinely espouses transparency whenever the topic is broached, usually at a Town Board or similar meeting. His online “go-to” guy is Councilman Francis Sheehan. You’ll recall during Mr Feiner’s preliminary attempt to remove his then-opponent for Town Supervisor Democratic Primary candidate Bob Bernstein, he threw Mr Sheehan under the proverbial bus. Mr Feiner alleged Mr Sheehan’s listed home address on the ballot signature petitions was a lie. Mr Feiner went forward with this accusation knowing that Mr Sheehan and his family had moved into a temporary residence while his home was being remodeled to make it handicapped accessible for his aging mother, who has since passed away. While its unfortunate that Mr Feiner engages in such unscrupulous behavior, this time his wrath fell upon Mr Sheehan. Mr Sheehan’s more recent actions and conversations have caused speculation by some that he might be positioning himself to run for Supervisor against Mr Feiner in the next election. Although at last night’s Town Board meeting he reverted back to saving Mr Feiner from himself as he spoke. The answer might become apparent if Mr Sheehan gets “Sonya’d” by Mr Feiner.

The previous Town Board meeting found several topics discussed by the G10 and others. Mr Feiner and crew also let everyone know that he postponed the Frank’s Nursery “auction” from the previously posted date of December 3, 2013 until some time in 2014. He declined requests to specify a date or explanation as to why he has delayed this again. Ah, transparency. He subsequently mentioned that two other parties have expressed interest in possibly purchasing the property for more than the Town-stipulated minimum bid of $3.5 million. This means he is in communication with others, possibly affecting the outcome of any sale. But what of Mr Feiner’s goal to create a recreational zoning category to ensure limited bid participation for 715 Dobbs Ferry Road? He needs a way to ensure delivery of the property to GameOn 365 and this would certainly keep the amount of participants to a minimum. Ah, transparency.

Residents and taxpayers have said if this property’s sale were properly advertised and marketed we might get more than the paltry $1.7 million (with the Town “carrying” $1.3 million spread out over 13 years at a rate of 2.6%) from Feiner-annointed developer GameOn 365. Ardsley’s House of Sports upped the ante by offering $3.5 million dollars for the property, thwarting Mr Feiner’s easy gifting of the property to GameOn 365. In fact, numerous FOILed emails between Martin Hewitt, a principal for GameOn 365, and Mr Feiner, found them agreeing to cease sending emails and only have verbal contact to avoid having their communications FOILed by outside parties! They agreed to that strategy. Ah, transparency.

One concern highlighted by several residents was that they repeatedly asked for a Request For Proposal (RPF) for the property after Mr Feiner attempted to illegally enter into a lease with GameOn 365 for the 715 Dobbs Ferry Road property. Why an illegal lease you might wonder? Any law Mr Feiner doesn’t like is simply ignored under the old adage to beg forgiveness rather than seek approval. Under Westchester County and New York State law, any property acquired by a municipality must either be developed for the municipality’s use, such as a park, office or other facility (police station and library being the most obvious). If that is not done, the municipality is required to sell it. Mr Feiner’s excuse for the lease was so the Town could keep the property and fifteen years from now be able to “take it back” when it is worth more and do what they will with it. That’s simply not legal to do. We often heard, “If you don’t like what I’m doing, sue me!” from Mr Feiner. So, once again, several neighborhood organizations sued Mr Feiner to stop another illegal action by him. Days before scheduled to go to court Mr Feiner, realizing he would be losing yet another lawsuit, dropped the lease scheme.

Needing to deflect attention away from his illegal actions, he made an announcement that he would put the property up for a referendum and let the voters decide what should be done with the property. Knowing the predictability of Greenburgh voters, he worded the referendum in such a way that would almost guarantee passage. He was right, it did pass. He followed up with a non-stop barrage of hallelujahs that the voters had spoken. What he always purposely avoided saying (as in the truth) was that only the minuscule portion of voters who voted in this election favored the referendum. Disingenuous? Sure, but it took the focus away from Mr Feiner’s illegal lease deal with GameOn 365! Ah, transparency.

So now there is a new sign on the property that says the property is For Sale. No other information is posted, such as whom to contact if one is interested in purchasing the property. The sale has been purported by Mr Feiner to be sold “as is”, referring to the known multiple contaminations on the property from a heating oil spill, carcinogens from being used as a dump for the White Plains Urban Renewal, herbicides, pesticides and whatever else. The fill was placed near the rear of the property, where the property historically floods. Concerns have repeatedly been made about water runoff and the spread of contaminates and carcinogens. Town Attorney Tim Lewis, the “unofficial expert” repetitively informed concerned citizen taxpayers that the contamination was not that bad without conveying specifics. Ah, transparency.

A forthcoming surprise announcement of the sale of the property by Mr Feiner should be entertaining if nothing else. Many have bandied about different ideas and directions the Town might take to make the favored GameOn 365 sale happen. Mr Feiner has often displayed his own brand of shrewdness and misdirection to get what he wants and is probably working on a new plan without input from the Town Board to ensure GameOn 365 success. Unfortunately, this is what we have often come to receive from Mr Feiner.

We’re hopeful, but not confident, that the Town Board will do the right thing and abandon the scheming to ensure only one purchaser for the property. Having an auction with sealed bids is not the spirit or intent of an auction, although legal. Postponing the sale to have time to change the zoning is not the spirit or intent of doing the right thing for the taxpayers and the Town.

The Town Board and Mr Feiner have a fiduciary responsibility to get the largest amount of money for this property. Period. He should abandon these games - pun intended - to award GameOn 365 the property and figure out how to pay back the money he has continued to cost the taxpayers: $8M (Fortess Bible Church), $1.2M/yr (WestHelp), $21M (tax arrears), $3.5M (Frank’s Nursery property), $4M (water meters), 10% salary increases, the list goes on. Mr Feiner rarely respects what is right for the neighborhoods, ultimately degrading the quality of life in those neighborhoods. He should embrace honesty and tell the truth about why he is doing what he does and maybe we can start to see transparency in A Better Greenburgh.