Town Continues Video Cover-Up!

In our post on Thursday, June 26, 2014, entitled Town Edits-Out Incriminating News From Official Town Board Video Record, we detailed what transpired with the official video recording of the Town Board meeting. During Edgemont resident Robert Bernstein's time at the podium, the former candidate for Supervisor against Mr Feiner shared information about the Toll Brothers high-end development called Ardsley Chase, the known shooting range adjacent to it and donations to Mr Feiner's campaign war chest while Toll Brothers had applications before the Town. To the uninitiated, this is business as usual in the 80th Best Place To Live. To the regulars and developers, its just another day in Gotham.

If you listen carefully to the video on our previous post of Mr Bernstein, what he said in the live meeting was deleted in the officially posted video. On the officially posted Town video you can only hear him say, “...was one of the largest financial con...Toll Brothers application was pending.” The gap in the video was created to remove the reference that Mr Bernstein made about Mr Feiner receiving campaign contributions from Toll Brothers while they had applications before the Town! Faces in the audience showed shock and dismay. Many of those residents were "first-timers" to the Town Board meeting and were unaware of Mr Feiner's unethical behavior. They were stunned as they learned Mr Feiner accepted money from a developer while they had applications pending with the Town.

During his 3-minute time at the microphone, Mr Bernstein actually stated that, “Toll Brothers knew they were building adjacent to a gun range. And, what many might not be aware of is that Toll Brothers was one the largest campaign contributors to Mr Feiner while their application was pending.” Those in attendance heard Mr Bernstein loud and clear. In fact, since most developers working in the Town knew this was acceptable and possibly even encouraged, it got so bad that the Ethics Committee was tasked to address it. Watching the video tape afterwards provided an unsettling realization that our elected leaders could not be trusted. Did "they" doctor the video again? Once might be a mistake, but twice is more than a coincidence.

You may recall the meeting with the Town Board and Theodore Young Community Center Commissioner William Young, where he detailed the TYCC's budgetary needs. During the course of discussion he made a comment about the Lanza Foundation and how the Town would not want to upset the Golden Goose. A day later that fifteen-minute section of the video tape mysteriously disappeared from the official video record of the meeting. How could that be? Upon questioning at the following Town Board meeting, Town Clerk Judith Beville said they would investigate what might have happened. The final excuse offered was that an intern deleted that section of the video. That lie was provided as they could not, or would not, disclose the real cause for the deleted section. The video is streamed over the internet live and during the live stream, the signal is sent/picked up by SwagIt, the video company that segments the video and supplies it online for the Town. An intern would be unable to alter the streaming video SwagIt receives.

Much speculation was made at that time as to what might have happened. Could the Town videographer, George Malone, have made the change? No, he was out of town on vacation. Could it have been the intern? Doubtful, as they cannot edit the streaming video that goes to SwagIt. Could Judith Beville, who is the overseer and manager of the video department have made the changes? Possibly, but no one was able to confirm her knowledge of the software used by the video department. Ultimately, something happened to cause Mr Carter's portion of the official video recording of the meeting to be deleted and now Mr Bernstein's portion has been deleted. The Town contacted SwagIt who was able to supply the Town a corrected version for the Bill Carter incident. Will they be able to do the same thing again and replace Mr Bernstein's deleted comments? As of this posting, the deleted official Town video record of the meeting is still missing from the Town's website. Why?

There are many critics of the Town. In fact, the G10 are suspect of many of Mr Feiner and his Town Board's actions based on their past history of "skirting" the fine line between right and wrong. They have also blatantly fallen on the wrong side of many issues. The Fortress Bible Church decision is one that originates from 2007 and is costing Unincorporated Greenburgh $6.5M - money we simply don't have. How much money has the Town lost through the actions, inactions and questionable actions of this group of elected officials? Its time for a change. It's time to get elected officials willing to clearly and steadfastly act on behalf of the taxpayers first and everyone else second. Only then will we get A Better Greenburgh.

Town Edits-Out Incriminating News From Official Town Board Video Record

The schedule had been changed from the traditional Wednesday night Town Board meeting to Monday night. Yet, this Town Board meeting was uncharacteristically filled with residents from Unincorporated Greenburgh. In fact, the Town Board, fearing a loss of votes from the same residents, decided to change the agenda and jump right into the 3-minute public comment portion to placate them. ABG staffers had watched the meeting online while it was underway as well as conferred with attendees. Imagine our surprise when we went to the Town website to review the video – which is the official record of the Town’s meeting – only to find it had been altered and then removed! Why? Read on.

The first portion of the meeting was solely outraged resident after outraged resident complaining about a shooting range next to the new Toll Brothers’ Ardsley Chase development, which consists of about two dozen million dollar-plus new homes. In fact, there is a police investigation currently underway because a resident was apparently “hit” by a stray bullet fragment that is alleged to have originated from the firing range. The police investigation is underway and should provide all of the facts.

Frankly, as lifelong residents, no one in the ABG offices were even aware that there was a shooting range in Westchester beyond the Yonkers shooting range on McLean Avenue and at the Westchester County Police facility in Hawthorne. Ironically, one shooting range that has existed for years was mentioned under the chapel at Archbishop Stepinac HS. It has been dormant for years.

These residents were at the Town Board meeting to complain that this shooting range, supposedly a mile away, according to the Toll Brothers prospectus, was is in fact much closer. Back before the project was moving forward at full steam, Toll Brothers illegally removed the forest of poplar trees on their site for their project. They were fined, subsequently paid the fine, and then sold the same trees to a lumber mill for a significant profit, much more than the fines cost them. Those trees, along with other forest and shrubbery, provided a natural barrier between the shooting range and the rest of the then-uninterested world. Consolidated Edison, the property owner and landlord of the shooting range, also removed many trees in the area from their property. This reduced the sound and protective barrier that had existed for years.

During the Town Board Public Comment session, after many of the residents had spoken, former Town Supervisor candidate Robert Bernstein took to the podium. During his 3-minute time at the microphone, he stated that, “Toll Brothers knew they were building adjacent to a gun range. And, what many might not be aware of is that Toll Brothers was one the largest campaign contributors to Mr Feiner while their application was pending.” If you listen to the video below of Mr Bernstein, what he said in the live meeting was changed when he says, “...was one of the largest financial con...Toll Brothers application was pending.” The gap in the video was altered to remove the reference that Mr Bernstein made about Mr Feiner receiving campaign contributions from Toll Brothers while having applications before the Town!

Some might consider Mr Feiner’s financial acceptance of money from a developer to be a bribe or at the very least an unethical way to purchase approvals for various requests for their multi-million dollar development. They would be considered wrong, because this is Greenburgh, and its just part of “doing business” in our Town. Most developers know this. Most residents do not. Mr Feiner taking Toll Brother money while their application was pending is a matter of public record. Ironically, this is not the first time the Town’s public record has been altered for to cover up bad information. A fifteen-minute section of video with Theodore Young Community Center leader Bill Carter was removed and later restored after the G10 went on the offensive with the Town.

Mr Feiner accepted thousands of dollars in campaign contributions from Toll Brothers when the developer sought approval to build ttwo dozen luxury homes in what is now called Ardsley Chase. Its a subdivision next door to a live outdoor shooting range on Ardsley Road. Sadly, Mr Feiner pandered to this crowd and told him he would contact everyone ELSE and do everything he could to close or at least regulate this gun range, which has been here for about 41 years. He has just done about everything he will do for them. And, Toll Brothers got their approvals, Mr Feiner got his contributions for his campaign fund and the text of what Mr Bernstein said has not seen the light of day.

It’s a long time overdue for this Town Board and Supervisor to go. Only then will we get A Better Greenburgh.

Addendum to Pretending To Be Honest, Open and Transparent

We neglected one vital point with all that we exposed in the previous article, Pretending To Be Honest, Open and Transparent. There is another critical factor that will ensure GameOn 365 be the successful bidder that acquires the property at 715 Dobbs Ferry Road under the guise of an auction run by a third party. That point is simply advertising. How the property will be marketed and advertised will either increase the interest in purchasing the property or not.

As mentioned in our previous article, Ardsley's House of Sports offered the Town $3.5 million in cash and full remediation of all contamination for the former Frank's Nursery property at 715 Dobbs Ferry Road. But since they were not Mr Feiner's business of choice, and the newly formed GameOn 365 was, Mr Feiner fabricated a lie that the House of Sports offer was not a serious one. As Donald Scherer, CEO of House of Sports said numerous times, he is always serious when it comes to money. So, Mr Feiner again took it upon himself to intentionally inflict more financial pain to the Greenburgh taxpayers by refusing a valid and more substantial offer.

Reviewing the Frank's Marketing Budget v2, there appears to be line item disbursements listed detailing advertising in several print and online mediums. One example is the Journal News (1x3 ad) for $379; run three times for a total of $1,137. At face value it sounds good doesn't it? The problem with a 1" x3" ad in any paper or online is that it's the size of a mailing label and will not much exposure and review at all. If the Town were serious about advertising in the Journal News, they should be doing an ad that is three or four columns wide by 15". That is the size of an average story in the paper. While we're not trying to beef up ad sales for the Journal News, they are simply taking the money and running what will be the size of a classified ad. How much information can be put in this ad? Realistically, it will probably say: Property For Sale, 715 Dobbs Ferry Road, call 914-993-1500. If there's any room left, maybe they can add: Serious offers (from GameOn 365) only.

Other print media advertisements listed tout more of the 1"x3" advertisements as well. There are several more ads in the Journal News. One such ad is a color ad in the Real Estate section that is 2"x3.5" which is the size of a business card. How much information can realistically and correctly be included in an ad of this size and still be effective. It can't. There's a 2" x 3" Wednesday and Saturday combo ad in the Wall Street Journal that will cost us $1830 for three ads. There are several other  1"x3" ads that will be run in other papers for a substantial amount of money. As we've watched our tax dollars urinated away by Mr Feiner's other follies we now come to this auction. We will see a total of $25,938 spent on ads that will have little or no success because the methodology is flawed.

Our previous article discusses what's called a Stalking Horse and that allows the seller and bidder to engage in a sale without actually having to bid for the property. This is the slight of hand that Mr Feiner, the Town Board and the others will use to ensure GameOn 365 receive the property. When information about the GameOn 365 proposal was requested by the Freedom of Information Laws, the request was denied as was the appeal. If there is no proposal on file, why was GameOn 365's name the only one on the Retention Agreement posted on the Town's website. We wonder if they in fact could be considered as having submitted a serious offer since no paperwork is on file at Town Hall? House of Sports made a legitimate offer. Why weren't they included in the Retention Agreement?

Games are being played again by the Town Board and especially Mr Feiner with the former Frank's Nursery property and what will be done with it. When the games stop, maybe then we'll see A Better Greenburgh.

Pretending To Be Honest, Open and Transparent

 Mr Feiner has tried for the better part of three years to illegally lease, then sell, then connive a way to gift the contaminated former Frank's Nursery property to his favored GameOn 365 buddies. He even went so far as to craft a lopsided and intentionally poorly worded referendum to provide the results he wanted to move the illegal deal forward. Ever the crafty politico, his plan worked. A complicit media even fed the public Mr Feiner's deceptions without question. Continuing to claim that he wanted the best deal for the Town, Mr Feiner steadfastly refused to entertain or accept a cash offer for double the amount, $3.5 Million, from an existing and profitable Town business, House of Sports in Ardsley.

Now Mr Feiner has finally decided its time to stop playing games and auction the property off. Or is it? The end game is never what it appears to be when Mr Feiner and his Town Board have an ulterior motive up their proverbial sleeves. There is multiple documentation on the Town's website regarding the property at 715 Dobbs Ferry Road, the hiring of GA Keen Realty Advisors to perform the advertising and the auction of the property for the Town. But its what missing that has us concerned.

The flyer for the sale of the property provides the most basic of information, none of which actually tells a prospective bidder/purchaser what they are really purchasing: multiple contamination and an R30 Zoning requirement. These two glaringly absent points are of major significance to anyone who would be interested in participating with the purchase of this property. Was leaving this information out intentional or accidental? Based on past performance of this Board and Mr Feiner, ABG is relatively certain it was intentional. But why?

The same documents posted on the Towns website lend a bit of a clue. We've already touched on the faulty flyer that will probably not be used with any real verve by the Town or GA Keen. In fact, we believe its creation was part of "Pinocchio Paul's" smoke screen to appear to want to advertise this property while maintaining a final strong hold over the process so that GameOn 365 will be the victor regardless of how many bidders or promises are made for R30 zoned construction. How do we know this, you ask?

There are two indicators that are skewing our opinion. The first is in the Retention Agreement on page four (4) under section F Good Faith. "The parties hereto shall deal with each other fairly and in good faith so as to allow each party to perform its duties and earn the benefits of this Agreement and shall not interfere, prevent or prohibit the other, in any manner, prior to or during the term of this Agreement from carrying out its duties and obligations under the Agreement." Ironically, this agreement was never utilized with the online "Town Square" website, the Daily Greenburgh. You'll recall that Mr Feiner and the Town Board entered into a one year agreement to use the website for no fee. And when the fee would be charged to the tune of $2,000 per month, Mr Feiner said they would not pay and cease using the site. Good faith operators? Hardly.

The second indicator that this is probably still a "done-deal" is on page eleven (11) under Schedule B-1. Here the page says "Game On 365, LLC" and below that it says "Remainder of Page Intentionally Blank". Blank indeed. This appears to be crafted with GameOn 365 as the sole beneficiary, again with the "done-deal" benefitting only Mr Feiner's cronies. Why would House of Sports intentionally be left off of this document? Probably because there was never any intention to sell or gift the property to anyone other than GameOn 365!

Then there's the "Stalking Horse" deal that can be found on Page two (2) of the Working Draft of Bidding Procedures. Stalking Horse? Really? Why not just say that GameOn 365 can bid prior to the auction and have a clear shot at purchasing the property as Mr Feiner intended all along? The Stalking Horse a) "allows the seller to solicit bids on the property prior to the Bid Deadline". ABG has learned that this is a common practice. And, b) "if the seller enters into a binding Real Estate Purchase Contract with the bidder prior to the Bid Deadline, which contract subjects the contract vendee to the Auction, such bidder shall be deemed the Stalking Horse". And of course, if the deal is made prior to the auction and the Stalking Horse is outbid, the Stalking Horse gets  a 3% breakup fee plus reimbursement of actual, reasonable out-of-pocket due diligence fees. And, the auctioneer still gets paid. It seems the only people that will suffer, again, are the Greenburgh taxpayers.

The Town Board has rescheduled the Town Board meeting for tomorrow night. We'll see how accurate our assessment of what is taking place will actually be. It's deals like this with the crafty wording, intentional vagueness and colorful terminology that hurts our Town. This must stop. Only then will we get A Better Greenburgh.

An Excuse to Perpetuate Illegal Offers

ABG has just acquired two letters (below) delivered to the Town of Greenburgh in advance of the impending Town Board Work Session slated to be held on Tuesday at 9:30AM. The scheduled meeting would invariably not start on time as the audience members, applicants and viewers would be forced to wait until the Board finally shows up. The work session meetings, which typically never start on time, would have included several topics that are generically listed on the posted agenda on the Towns website. But the waters had gotten even murkier for The Paul in short time. Subsequently, while the Elm Street Sports proposal for double the amount GameOn 365 offered, was slated to be discussed, The Paul was running scared and eliminated it by canceling the meeting!

Because Councilman Morgan had a funeral to attend, The Paul thought it appropriate that Town business be halted and foregone because one Board member would not be present. While we appreciate the sentiment, the Board should meet and carry on the Town’s business – less one. It didn’t seem to stop them at all when rookie Councilman Ken Jones was sick for several meetings that were slated to contain votes on the GameOn 365 proposal. ABG believes Jones decided to take some “sick time” to avoid having to take a position on the various GameOn 365 votes, which we hope he, along with many others of the public, recognized as illegal and more importantly, unethical. Too bad he wasn’t there to vote his conscious – something this Town has been missing for numerous years under The Paul’s rule.

If you have followed the GameOn 365 debacle for the last two years or so, you know that The Paul was exposed to having secretly met with GameOn 365 owners to broker a secret back-room deal for the former Frank’s Nursery property at 715 Dobbs Ferry Road. During this time, the Elm Street Sports Group, owners of the House of Sports Facility of Ardsley, NY, had purchased the property at 2 Elm Street, in Ardsley. This had been a former tennis facility and the home of Selecto, a food distribution warehouse which suffered a catastrophic fire years ago and the death of an employee. Selecto would never return to the location. With the purchase, renovation and opening of House of Sports, they have added to the Ardsley landscape, infused the tax base and vitality of an otherwise languishing local economy.

To ensure GameOn 365 every advantage and unfair “edge” they might need to build their proposed “sports bubble”, The Paul stacked the deck in GameOn 365’s favor. He agreed to a proposed fifteen year lease for the knowingly contaminated site, aware it was the acknowledged White Plains Urban Renewal dumping site! When area residents contested The Paul’s strategy with a lawsuit, following his own advice (“If you don’t like what I’m doing, sue me!”), he changed tactics and finally decided to follow the law. Simply, the law states that the supervisor must sell any land acquired through foreclosure, or use it for Town purposes if they decide to keep it. Morally bereft and challenged, our Town Board decided their spines, and political careers, should remain out-of-play. So they went along with The Paul to get along and not be “Sonya’d” out of their generous part-time jobs.

Interestingly, the Town had a property appraisal recently performed for 715 Dobbs Ferry Road and the amount of the appraisal was the amount that GameOn 365 was offering! Hey, wait a minute... is it possible to to stack the deck any more than it already is? Well, The Paul tried. Since The Paul’s illegal actions were bad enough, Elm Street Sports decided to up the ante, so to speak, and took a page out of The Paul’s playbook. They made an public offer to the Town to also purchase 715 Dobbs Ferry Road for roughly double what the GameOn 365 organization offered the Town! The difference between the “real business” that Elm Street Sports operates versus the “paper business” GameOn 365 talks about, is that GameOn 365 is still searching for investors for business model that GameOn 365 hopes to operate with someone else’s money. Elm Street Sports has the capital to purchase and remediate the site now. GameOn 365 is a pyramid scheme designed to operate only after they raise the money necessary to purchase for their possible business.

While the choice over which proposal should be accepted is obvious to the vast majority of people, one speaker at the last Town Board public session stated that he overheard a conversation where Town Attorney Tim “Remediation” Lewis stated to the effect that while the Elm Street Sports proposal might be better for the Town, they gave their word to GameOn 365. While giving and sticking to one’s word is laudable, this was one wrong, illegal and unethical move after another for a project destined for failure under the law.

This new opportunity affords the Town Board a facility to right many wrongs, whether intentional or not (ABG is being generous). The Town has lost about $1.5M in taxes on that property. The offer for $1.5M in total from Game On 365 only negates back taxes. In effect, the Town is giving them use of the land for free. The proposal from Elm Street Sports pays the $1.5M in back taxes and gives the Town a profit of $1.5M. And, while GameOn 365 was positioned to appear to pay for remediation of the property, they simply do not have the money to do so, cannot raise what will be needed, and have the opportunity to exit the deal when things get too problematic for them. All of the money that will be needed for the remediation will be provided by Elm Street Sports, something GameOn 365 won’t agree to. This is a no-brainer – even in Greenburgh.

It is incumbent on the Town to accept the best offer for the residents of the Town, regardless of how much “keeping your word” can be used as an excuse to perpetuate illegal offers. Elm Street Sports’ offer is in the best financial, ethical, zoning, planning and neighborhood-centric interests of the Town and the community. Another obvious solution out of this predicament is a legitimate sale process with a new RFP. ABG urges the public to contact The Paul and the Town Board with phone calls, letters and such to let them know you support Elm Street Sports’ proposal or a new RFP. Giving and keeping one’s word is only important when the word is for something legal and morally just. Let’s hope the Town Board understands the difference. We can only hope.

Letter from Elm Street Sports:

Letter from the Elm Street Sports attorneys: