The Deflection Scam Rope-A-Dope

In a recent neighborhood “outreach” meeting, Mr Feiner met with eight Town residents to discuss developing a Recreational Overlay Zone, penned by the GameOn 365 attorneys, erecting (as opposed to building) a temporary sports bubble 83 feet tall (8.5 stories) on the Vizioli’s golf Driving Range property and abandoning any focus on selling the former Frank’s Nursery property. In essence, the driving range would remain as a token of its former self with about half the “tees” they currently operate and golfers would hit the ball into a field about half the current size as it would be reduced as well.

ABG recently penned a story that the Vizioli Family had been delinquent since 2008 in the back taxes to the Town. All of a sudden, they have made a down payment toward paying off the debt with an extended payment schedule. How did this magically come about?  In this meeting Mr Feiner stated that out of the $21 million of unpaid taxes that were outstanding to the Town, they have collected $13 million and still have about $8 million left to collect. Why has the Town not gone after all of the Town’s tax cheats before this? Why have we waited until now to act?

Invited to meet with residents by two residents who live nearby, Mr Feiner arrived and was later joined by Councilman Ken Jones to this table top exercise in what would prove to be futility. There was a lot of Mr Feiner’s deflection tactics as well as his deflection rope-a-dope in play this evening. It’s where the uninitiated are made to feel like they are getting genuine concern with his well-honed deflections and smoke screens.

To be polite, they asked Mr Feiner to go first and answer questions previously prepared and forwarded to Mr Feiner. Those questions were:

Justification:
• How did the Town and Mr Feiner determine there was a need for this sports facility?
- Mr Feiner referred to a recreation needs assessment study that was performed for the Town in 2005 by RG Roache. He wouldn’t say why the study was commissioned nor if it was commissioned for town-owned recreational resources or for private industry owned and operated facilities. He didn’t say if the study indicated where these desired recreation facilities should be located. All the residents said to put it in a commercially zoned and developed area.
• Does the Town’s current Comprehensive Plan identify the need for a sports facility?
- Mr Feiner said yes but in reality the answer is no.
• Why is the GameOn 365 facility the most financially beneficial for the Town (protracted studies, litigation, community outrage, etc.?
- Rope-a-dope. Mr Feiner never answered this question, but insisted on continuing to criticize the House of Sports offer for twice the amount of money with full site remediation than GameOn 365 had offered.

Location:
• Why is the Dobbs Ferry Road the best location for a sports bubble in the Town of Greenburgh?

- It was his opinion, based on no actual evidence, studies or proof. 
• Why not place the bubble in a location already zoned for commercial use? 

- When the offer was for the former Frank’s Nursery property, it’s where he felt it would be best. Now that it’s on the Vizioli property, he has no control over where a private deal can be made. The interesting lie that the Town Board members in favor of this proposal have maintained is that the Town Board must review this application. They are not required to do so. They can simply refuse the application and its over. What application? The Recreation Overlay Zone application, which is zoning change* that will indirectly start the process for GameOn 365. Mr Feiner also pushed for the SEQR study to answer all these questions, failing to note that this can only be done if the Town Board appoints themselves the Lead Agency – which officially starts the project.
• How does the community surrounding the proposed sports facility truly benefit? 

- This project will increase the value of the homes in the area and the Town. People from all over want this project, even though none of them live near the project/proposal. Rope-a-dope.
• Why does the town believe that adding an eight story bubble to a residential community is the right
thing to do? 

- Because there was a referendum and many people have reached out to him in favor of this project. When questioned about the people who live here and don’t want it, they got rope-a-dope.
• One of the primary reasons given by the Town for declining the Fortress Bible Church building was
the traffic impact. The proposed sports facility is only a half of a mile west of the Fortress Bible
Church location. What changed to make the Town now believe traffic will not be an issue?

- No answer. Rope-a-dope.

Frank’s Property:
• Does the town believe it will get the same price for the Frank's property if the property next to it is
used for homes versus an eight story bubble? 

- We could get more according to Mr Feiner. The Town has received a lot of offers for the property. In fact, he said, a company is interested in constructing an assisted living facility there. When asked for an example of another use from one of the “many” applicants, he refused to say. Rope-a-dope.

Financial Impact:
• Does the Town believe that property values will not be impacted by the proposed sports facility?

- This commercial project will increase and enhance home values nearby and the Town.  
• Is the Town considering the financial impact of lower tax revenues due to large numbers of Tax
Certioraris by the communities surrounding the sports facility location? 

- “You know, I think... Can I say something...” Rope-a-dope.

• Has the town modeled the optimal use of the land from a tax revenue perspective - proposed sports
facility versus a significant number (25-36) of new homes? 

- Rope-a-dope. But at the Town Work session held two days earlier, the Town Board had a conference call with Town Assessor Edie McCarthy and asked her what the tax assessable’s** would be. What was uncovered as she gave no tangible answers because she was not in the office that day and unable to reference the information required to give an accurate answer. It was also immediately revealed that she was discussing the 715 Dobbs Ferry Road, the former Frank’s Nursery property and not the Vizioli’s Golf Driving Range. The call was terminated.

Community Outrage:
• Does the Town care that the communities surrounding the proposed sports facility are united against
it being built?

- A lot of people want this and I have to listen to everybody, not just this neighborhood.

The prepared questions were legitimate ones that Mr Feiner had no intention of answering or pursuing resolution for. He spent an hour an a half doing his rope-a-dope to avoid direct hits and dodge all and any questions. There was a lot of his signature, “Let me say something...” and he would deflect to something else. One resident asked why they insisted with arguing every point the neighbors made instead of listening to their concerns and trying to convince us to accept this? Mr Jones did say he hadn’t said much and was listening and that he was the one to postpone the vote at the last Town Board meeting. Whether that was sincere gesture or because the crowd packed the room and they were unprepared for that kind of response from the community is unknown.

Mr Feiner insisted that they try to find a compromise. While neighbors who have never seen Mr Feiner in action believed his quest to be sincere, a seasoned resident said that again he is not listening to them or the neighborhoods. They don’t want a compromise. The don’t want the Overlay Zone (again written by GameOn 365’s attorneys). They don’t want a bubble. They do want the former Frank’s Nursery remediated and the property sold. More rope-a-dope. 

In the end, ABG is convinced Mr Feiner will find his way clear to vote for the Recreation Overlay Zone through, dodging the Comprehensive Plan bullet one more time. After the Comprehensive Plan is adopted, Mr Feiner will have used up most of the Unincorporated Town’s undeveloped space and can breathe a sigh of relief that he got every square in of Greenburgh developed. Since Mr Feiner never met a developer he doesn’t like or Mr Madden a project he doesn’t endorse, ABG is convinced this will happen. We hope we’re wrong. 

Mr Feiner and the Town Board will try to wear down the residents with more postponements and delays. He will offer to meet with more neighbors individually to fracture their unity against this project. Eventually, the residents will tire of his tactics and then this will be voted through – that’s his style. Next year, voters will return to the polls and forget this, re-electing him and this Town Board again. They are well aware of the voters loss of memory at election time. Until this cycle is broken, we will have to wait to see A Better Greenburgh.

* The Town Board authorizes all zoning changes. The Zoning Board of Appeals can render its determination, but they can only make recommendations only to the Board.

** The argument has been made that 36 homes of comparable value to the ones on Westchester View Lane will generate approximately $30k/year in taxes. This will yield approximately one million dollars or more per year in tax revenue for Greenburgh. This is more than the temporary sports bubble and fields/open fields can generate.