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.
Showing posts with label Jean Lane. Show all posts
Showing posts with label Jean Lane. Show all posts
Monday, June 23, 2014
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.
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.
Wednesday, March 19, 2014
Deflection 101
As time progresses, more of Mr Feiner’s covert actions have crept into the light. Some of those were the guilty verdict from the Fortress Bible Church discrimination lawsuit, his back room deals with GameOne 365 to mention two. During both of these, he has spun other issues out into the public's “eye” in hopes of deflecting attention from his own bad and often illegal behavior. You’ll also recall his pitch for the Tappan Zee Bridge to become a high-line park, be named after Pete Seeger and to have a Denny’s with a water park on it. Ok, the Denny’s part belong’s to our Cindy.
But his trying to take attention off of the fact that he, along with Diana Juettner and other former Town Board members discriminated against the church, destroyed evidence and lied under oath! One of those would be Steve Bass, now in County government on the 8th and 9th floor. Ouch! Let’s talk about anything but promoting bad civil servants. Thankfully for Mr Feiner, Mr Seeger’s passing provided him the deflection topic he needed. When that could no longer be played front and center, the Fairview Fire Commissioners conveniently decided to fill a temporarily unfilled Assistant Chief’s position. He was able to use the Town’s email list, which he treats as his own property, to alert the public about the meeting. The issue is that he did more than just alert the public to a meeting. If he had stopped there, it would have been fine. But he injected his “personal” opinion and insisted, incorrectly, that this was a new position that was being created and too costly for taxpayers. It was just another lie. Since he hasn’t returned any of his salary to the Town for non-performance, a clever hoax from his past, we assume he too is feeling the tax pinch in his gated community of Boulder Ridge.
Now that the GameOn 365 megaplex proposal has hit the skids yet again, Mr Feiner has begun touting the 100+ acre development proposal on the Landmark at Eastview property. Mr Feiner has continually insisted that maintaining the GameOn 365 request for a Recreational Overlay Zone change would be good for the Town. The neighborhoods in the area disagree. Mr Jones, perhaps trying to keep in line with his boss, suggested rezoning the former Frank’s Nursery property. This is illegally known as spot-zoing. The vote passed by three to two, with Mssrs Feiner, Morgan and Jones in favor of openly spot-zoning the property for the benefit of a single applicant. See the video in our previous post for proof of this. Its almost like a bad joke: two lawyers walk into a bar and sit down with a retired cop. The reality is they made and approved a motion to spot-zone an individual property for a particular developer.
In an interview about a complaint levied by Robert Bernstein and two community leaders against Mr Feiner and the Town Board in the Westchester Business Journal, we quote: “Feiner called Bernstein ‘the Joe McCarthy of Greenburgh. He likes to smear people’s reputations.’” Wow! Mr Feiner has some nerve to make a comment like this! Unlike Mr Feiner, the one thing ABG recognizes about Mr Bernstein is that he doesn’t lie when he is discussing issues before him. And, when Mr Bernstein makes a mistake, he owns up to it and apologizes. Speaking of apologies, this statement by Mr Feiner warrants a public apology to Mr Bernstein. ABG believes Mr Feiner is getting a little testy as more and more people are exposing his questionable actions with developers, town assets and personnel.
Mr Feiner has been beating the drum for the GameOn 365 proposal for several years now, constantly applying his deflection tactics to wear down any opponents to the project. Those opponents seem resolute in their determination to fight the proposed megaplex, regardless of Mr Feiner’s deflection efforts. Worthington Woodland Civic Association President Dorrine Livson, the Town’s newest, self-proclaimed real problem solver, suggested the proposal be scrapped on Dobbs Ferry Road and moved to the Landmark at Eastview location where the zoning and the open space that Mr Feiner is so desperately seeking to eliminate, can handle to project. Ms Livson is correct with her assessment of where the megaplex should be built. The Town Board should listen. Only then will we begin to see A Better Greenburgh.
But his trying to take attention off of the fact that he, along with Diana Juettner and other former Town Board members discriminated against the church, destroyed evidence and lied under oath! One of those would be Steve Bass, now in County government on the 8th and 9th floor. Ouch! Let’s talk about anything but promoting bad civil servants. Thankfully for Mr Feiner, Mr Seeger’s passing provided him the deflection topic he needed. When that could no longer be played front and center, the Fairview Fire Commissioners conveniently decided to fill a temporarily unfilled Assistant Chief’s position. He was able to use the Town’s email list, which he treats as his own property, to alert the public about the meeting. The issue is that he did more than just alert the public to a meeting. If he had stopped there, it would have been fine. But he injected his “personal” opinion and insisted, incorrectly, that this was a new position that was being created and too costly for taxpayers. It was just another lie. Since he hasn’t returned any of his salary to the Town for non-performance, a clever hoax from his past, we assume he too is feeling the tax pinch in his gated community of Boulder Ridge.
Now that the GameOn 365 megaplex proposal has hit the skids yet again, Mr Feiner has begun touting the 100+ acre development proposal on the Landmark at Eastview property. Mr Feiner has continually insisted that maintaining the GameOn 365 request for a Recreational Overlay Zone change would be good for the Town. The neighborhoods in the area disagree. Mr Jones, perhaps trying to keep in line with his boss, suggested rezoning the former Frank’s Nursery property. This is illegally known as spot-zoing. The vote passed by three to two, with Mssrs Feiner, Morgan and Jones in favor of openly spot-zoning the property for the benefit of a single applicant. See the video in our previous post for proof of this. Its almost like a bad joke: two lawyers walk into a bar and sit down with a retired cop. The reality is they made and approved a motion to spot-zone an individual property for a particular developer.
In an interview about a complaint levied by Robert Bernstein and two community leaders against Mr Feiner and the Town Board in the Westchester Business Journal, we quote: “Feiner called Bernstein ‘the Joe McCarthy of Greenburgh. He likes to smear people’s reputations.’” Wow! Mr Feiner has some nerve to make a comment like this! Unlike Mr Feiner, the one thing ABG recognizes about Mr Bernstein is that he doesn’t lie when he is discussing issues before him. And, when Mr Bernstein makes a mistake, he owns up to it and apologizes. Speaking of apologies, this statement by Mr Feiner warrants a public apology to Mr Bernstein. ABG believes Mr Feiner is getting a little testy as more and more people are exposing his questionable actions with developers, town assets and personnel.
Mr Feiner has been beating the drum for the GameOn 365 proposal for several years now, constantly applying his deflection tactics to wear down any opponents to the project. Those opponents seem resolute in their determination to fight the proposed megaplex, regardless of Mr Feiner’s deflection efforts. Worthington Woodland Civic Association President Dorrine Livson, the Town’s newest, self-proclaimed real problem solver, suggested the proposal be scrapped on Dobbs Ferry Road and moved to the Landmark at Eastview location where the zoning and the open space that Mr Feiner is so desperately seeking to eliminate, can handle to project. Ms Livson is correct with her assessment of where the megaplex should be built. The Town Board should listen. Only then will we begin to see A Better Greenburgh.
Sunday, March 16, 2014
Spot Zoning House of Cards
The Town Board screwed up by pulling the GameOn 365 Recreational Zoning Overlay Request from the March 12th agenda. GameOn 365 may have screwed up by hiring the law firm they did. The Landmark project that Mr Feiner says will bring us $5 million dollars in tax revenues a year was presented yet again at the public hearing. He screwed up the numbers. By pulling the GameOn 365 Overlay Zone proposal from the agenda, it moved the Landmark at Eastview proposal to the forefront, highlighting several issues. One of those issues is that the Landmark proposal projects recreational facilities on the 100+ acre development. In fact, Worthington Woodlands Civic Association President Dorrine Livson made the introductions. She said that the law firm and the planners for GameOn 365 are the same as the Landmark proposal and suggested they introduce the two parties so this sports bubble megaplex can go onto that property, legally zoned for it. She also stated she is the Town’s new Problem Solver!
The attorneys for the Landmark Project screwed up. They are the attorneys for Landmark project, and complained that they weren’t happy about having to re-present the project to the Board after Mr Sheehan referenced some procedural issues that were incorrectly done. Interestingly, those same attorneys were overheard responding to the question before the meeting if they were at tonight’s meeting representing GameOn 365? Their collective response in the vestibule area was, “Not tonight!”
It’s well known that Mr Feiner often and cavalierly spews numbers and fictional information as needed to make his argument for or against something. He’s also known to often put his foot in his mouth. He has previously stated that the Recreation Overlay Zone that GameOn 365 authored and requested be implemented for their sports bubble project, specifically for the former Frank’s Nursery property, is not spot zoning. Councilman Ken Jones has said the tax revenues from the sports bubble megaplex proposal would amount to more tax income for the Town than if homes were built on the property, similar to those on Westchester View Lane. He’s wrong. Mr Feiner said the Landmark proposal will generate $5M per year in tax revenue. He’s wrong. How do we know? Numerous people have run the numbers and they don’t gel with what Mr Feiner or Mr Jones have said!
At the Town Board work session of October 8, 2013, Councilman Ken Jones made a motion at the 32-second mark in this video “to authorize Thomas Madden to begin to investigate the possibilities of rezoning to recreational the Frank’s Nursery property for the December 3rd, “as is” auction, not withstanding.” “For recreational purposes,” added Mr Feiner. The vote was 3 to 2 in favor of having Mr Madden investigate the possibility of a recreation zone.
The former Frank’s Nursery property at 715 Dobbs Ferry Road is the intended and unintended casualty of all of this deflection by the Town administration with GameOn 365’s ludicrous proposal. It remains contaminated with carcinogenic debris and waste and has been ignored by the Town since they acquired it through foreclosure. By leaving it alone and focusing on the GameOn 365 proposal on the Golf Driving Range, the property will not only languish, it will become the bastard stepchild of the Town. No one will want the property should the GameOn 365 proposal move forward. We believe Mr Feiner will begin the woe-is-us story about how the Town is lucky GameOn 365 has agreed to take the former Frank’s Nursery property off the Town’s “hands” and will use it for a parking lot for their sports bubble. We hope this doesn’t happen. In fact, we hope the Town with its AAA Bond Rating, will float a bond, remediate the property and then sell it at market value. If that doesn’t happen, Mr Feiner has often said he has ten or more parties interested in purchasing the property, as is, out of the other side of his mouth. He refuses to say for what use these offers are interested in using it for. We believe its because there are no offers and this is just another delaying tactic to find a way to give the property to GameOn 365. Open government? Miscommunication? Misinformation? Non-Transparency? Hidden Agendas? A Board out of control! You decide. Only then can we get A Better Greenburgh.
The attorneys for the Landmark Project screwed up. They are the attorneys for Landmark project, and complained that they weren’t happy about having to re-present the project to the Board after Mr Sheehan referenced some procedural issues that were incorrectly done. Interestingly, those same attorneys were overheard responding to the question before the meeting if they were at tonight’s meeting representing GameOn 365? Their collective response in the vestibule area was, “Not tonight!”
It’s well known that Mr Feiner often and cavalierly spews numbers and fictional information as needed to make his argument for or against something. He’s also known to often put his foot in his mouth. He has previously stated that the Recreation Overlay Zone that GameOn 365 authored and requested be implemented for their sports bubble project, specifically for the former Frank’s Nursery property, is not spot zoning. Councilman Ken Jones has said the tax revenues from the sports bubble megaplex proposal would amount to more tax income for the Town than if homes were built on the property, similar to those on Westchester View Lane. He’s wrong. Mr Feiner said the Landmark proposal will generate $5M per year in tax revenue. He’s wrong. How do we know? Numerous people have run the numbers and they don’t gel with what Mr Feiner or Mr Jones have said!
At the Town Board work session of October 8, 2013, Councilman Ken Jones made a motion at the 32-second mark in this video “to authorize Thomas Madden to begin to investigate the possibilities of rezoning to recreational the Frank’s Nursery property for the December 3rd, “as is” auction, not withstanding.” “For recreational purposes,” added Mr Feiner. The vote was 3 to 2 in favor of having Mr Madden investigate the possibility of a recreation zone.
This was clearly an endorsed motion for spot-zoning for a particular piece of land. The three Board members in favor of the change are now backpedaling to cover their southern exposures after the outcry from the public has exposed their blatant intent. Apparently, in an effort to circumvent time, public hearings, criticism and general taxpayer resistance, Mr Madden went ahead and worked with the GameOn representatives to draft the Recreational Zoning Overlay zone change. There was no “open” discussion with the Town Board or the public as to what might be nice to have, required, necessary or unnecessary with a study. Their was no conference with the Comprehensive Plan Steering Committee who intentionally left overlay zones out of the soon-to-be-proposed Comprehensive Plan for a reason. The existing Comprehensive Plan discussed Overlay Zoning but decided against it.
But, the Town administration either knows better than the public or simply doesn’t care about the public. ABG believes the latter to be the case. Because of the apparent collusion that seems to be taking place between GameOn 365 and the Town, we suspect they do know more than the public. They know all the closed-room deals that have been made, regardless of how many times Mr Feiner says he is telling the truth. After all, he was found guilty of lying under oath by a federal court. The public, however, continues to dig and uncover more. Why not just be honest and, dare we say it, open with the public?
But, the Town administration either knows better than the public or simply doesn’t care about the public. ABG believes the latter to be the case. Because of the apparent collusion that seems to be taking place between GameOn 365 and the Town, we suspect they do know more than the public. They know all the closed-room deals that have been made, regardless of how many times Mr Feiner says he is telling the truth. After all, he was found guilty of lying under oath by a federal court. The public, however, continues to dig and uncover more. Why not just be honest and, dare we say it, open with the public?
The former Frank’s Nursery property at 715 Dobbs Ferry Road is the intended and unintended casualty of all of this deflection by the Town administration with GameOn 365’s ludicrous proposal. It remains contaminated with carcinogenic debris and waste and has been ignored by the Town since they acquired it through foreclosure. By leaving it alone and focusing on the GameOn 365 proposal on the Golf Driving Range, the property will not only languish, it will become the bastard stepchild of the Town. No one will want the property should the GameOn 365 proposal move forward. We believe Mr Feiner will begin the woe-is-us story about how the Town is lucky GameOn 365 has agreed to take the former Frank’s Nursery property off the Town’s “hands” and will use it for a parking lot for their sports bubble. We hope this doesn’t happen. In fact, we hope the Town with its AAA Bond Rating, will float a bond, remediate the property and then sell it at market value. If that doesn’t happen, Mr Feiner has often said he has ten or more parties interested in purchasing the property, as is, out of the other side of his mouth. He refuses to say for what use these offers are interested in using it for. We believe its because there are no offers and this is just another delaying tactic to find a way to give the property to GameOn 365. Open government? Miscommunication? Misinformation? Non-Transparency? Hidden Agendas? A Board out of control! You decide. Only then can we get A Better Greenburgh.
Wednesday, March 12, 2014
Town Board Pulls Recreational Zoning Request
Shortly after parking their personal vehicles on the Vizioli’s parking area, two community leaders waiting for the Channel News 2 van were forced to move to the entrance of the former Frank’s Nursery. Once Channel 2 News’ Lou Young arrived with his cameraman Chris, Young immediately began peppering the two with questions. Shortly following, other leaders arrived and joined them as they walked to the Golf Driving to record his report.
Asked “on air” by Lou Young to explain what was going on with the Golf Driving Range property, the requested Recreational Overlay Zone and the installation of an 83 foot tall inflatable and temporary sports bubble, Worthington Woodlands Civic Association President Dorrine Livson explained the proposals using a mock up she had constructed. She explained that every neighborhood resident she discussed this with was against the Recreational Overlay Zone, against the sports bubble megaplex with two outdoor fields, ice hockey rink and 80 ft tall lights. Finally, they want the former Frank’s Nursery property remediated of carcinogenic contaminations and sold. Young also spoke with Robert Bernstein at a different location about these three issues. As this was all taking place, the Town Board Work Session was underway and found the Board postponing the Recreational Overlay Zone vote scheduled for tonights Town Board meeting.
After speaking with the community leaders, Young then went to speak with Mr Feiner, who tried to convince Young, as he has tried to do individually with residents, that this project should proceed against the wishes of the residents and civic associations. We’re sure Young doesn’t recognize Mr Feiner’s Divide and Conquer strategy. Nor does he understand Mr Feiner’s deflection or delay tactics. This is “routine” for those in the know. The neighborhoods have spoken out loud and clear, but once again the Board is doing what they want, not what the residents want.
Here are two links for this story from CBS Channel 2 and from News12:
http://newyork.cbslocal.com/
Whether the real issues remain in the forefront or are disguised and dismissed as rants by an elected and privileged few, we know the issues are real, tangible and will affect our people and their largerst investment: their homes. When Lou Young asked Mr Feiner on camera if he had any connection with this company or project at all, he replied, “Zero.” Mr Feiner has been found guilty of lying under oath in Federal Court in the Fortress Bible Church and 6 more counts. Why should we believe he’s telling the truth now? We can’t. It’s time for a change in Greenburgh where residents and taxpayers are treated fairly and given preference over outside developers. Only then will we get A Better Greenburgh.
Asked “on air” by Lou Young to explain what was going on with the Golf Driving Range property, the requested Recreational Overlay Zone and the installation of an 83 foot tall inflatable and temporary sports bubble, Worthington Woodlands Civic Association President Dorrine Livson explained the proposals using a mock up she had constructed. She explained that every neighborhood resident she discussed this with was against the Recreational Overlay Zone, against the sports bubble megaplex with two outdoor fields, ice hockey rink and 80 ft tall lights. Finally, they want the former Frank’s Nursery property remediated of carcinogenic contaminations and sold. Young also spoke with Robert Bernstein at a different location about these three issues. As this was all taking place, the Town Board Work Session was underway and found the Board postponing the Recreational Overlay Zone vote scheduled for tonights Town Board meeting.
After speaking with the community leaders, Young then went to speak with Mr Feiner, who tried to convince Young, as he has tried to do individually with residents, that this project should proceed against the wishes of the residents and civic associations. We’re sure Young doesn’t recognize Mr Feiner’s Divide and Conquer strategy. Nor does he understand Mr Feiner’s deflection or delay tactics. This is “routine” for those in the know. The neighborhoods have spoken out loud and clear, but once again the Board is doing what they want, not what the residents want.
Here are two links for this story from CBS Channel 2 and from News12:
http://newyork.cbslocal.com/
Whether the real issues remain in the forefront or are disguised and dismissed as rants by an elected and privileged few, we know the issues are real, tangible and will affect our people and their largerst investment: their homes. When Lou Young asked Mr Feiner on camera if he had any connection with this company or project at all, he replied, “Zero.” Mr Feiner has been found guilty of lying under oath in Federal Court in the Fortress Bible Church and 6 more counts. Why should we believe he’s telling the truth now? We can’t. It’s time for a change in Greenburgh where residents and taxpayers are treated fairly and given preference over outside developers. Only then will we get A Better Greenburgh.
Monday, March 10, 2014
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?
Financial Impact:
• Does the Town believe that property values will not be impacted by the proposed sports facility?
Community Outrage:
• Does the Town care that the communities surrounding the proposed sports facility are united against
it being built?
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?
• 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?
• 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?
• 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?
• 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?
• 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?
• 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?
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.
Thursday, March 6, 2014
Feiner and Board Caught In Another Lie
Dorrine Livson, President of the Worthington Woodlands Civic Association, along with Ella Preiser of the North Elmsford Civic Association, worked tirelessly to uncover the facts. What they uncovered after digging through Westchester County Clerk’s files was amazing. “It took a lot of sleuthing and detective work,” said Livson, “it was just a charade to keep us from finding out the town didn't have clear title. And then they kept piling on more schemes to keep it covered up.” In a separate conversation with Livson, she stated there were many people who helped. “Of course, Ella Preiser, Tom Bock from Fulton Park, Bob Bernstein from Edgemont and a few others helped.” She explained that her sole motivation was to keep a commercial entity out of a residential neighborhood. The revelation of this information lends itself to a possible investigation from both the Westchester County and the New York State Attorney General offices. There is the possibility of criminal conduct under the New York State Penal Code by both town officials and GameOn of bribery and official misconduct. Time will tell.
ABG has detailed through numerous articles what has transpired with the meetings between the Town and GameOn 365 regarding the property at 715 Dobbs Ferry Road. Unbeknownst to Mr Feiner while he was craftily trying to broker a deal with GameOn 365, the Town thought they took possession of the Frank’s Nursery property. But, as this newly uncovered information reveals, they never had clear title for 715 Dobbs Ferry Road. Once they learned of this, however, their legal, ethical, moral and fiduciary duty to the taxpayers was to admit the mistake they accepted from their title search company and cease moving forward with this sweetheart deal for GameOn 365. We’re sure Mr Feiner’s spin will be that this was not their fault.
The community spoke in volumes this past Wednesday night that they do not want a recreational overlay zone, a sports bubble or a sports megaplex in their neighborhood. GameOn 365 only had three people speak on their behalf and they were financial partners. At this past Tuesday’s work session, there were four Board members in attendance, Morgan, Jones and Feiner, along with Thomas Madden, extolled the positive aspects of the bubble. At one point they included Town Assessor Edie McCarthy on a cell phone who discussed generalities with regard to property values, tax assessments and what the Town could make by building 7 homes on the Frank’s Nursery property. But that was not the property in question. Mr Sheehan stated that one of the issues brought up by residents was that the Town could make better tax income by building thirty or so million dollar homes on the residentially zoned property. He also stated that the residents were clear with their opposition to an overlay zone and a sports bubble/megaplex. Regardless, Mssrs Feiner, Morgan and Jones continued pushing for the GameOn 365 proposal.
The issue is not whether the Town wants a company who will only charge for using their facility in the Town or not. Nor is it about them being a ‘for-profit’ company. The issue of where it belongs and ultimately where it goes is what is being ignored by some Town officials. When the correct decisions are made for the right reasons, the right thing happens. This is not the right thing for Dobbs Ferry Road. At this point, we’re not sure its right for the Town. When our elected leaders realize this, we hope they will do the right thing and stop this convoluted scheme. Only then will we have A Better Greenburgh.
Sunday, March 2, 2014
Feiner Lies During Meeting; Delay Tactics Begin
Mr Jones went to the Westchester View Lane meeting the previous Sunday and was met by community leaders who have vociferously represented their groups against these zoning and bubble proposals requested by GameOn 365. The G10 were elated at this meeting with standing room only. In fact, stalwart community leader Ella Preiser, a volunteer of many Town committees, and currently on the Town’s Comprehensive Plan Steering Committee, commented that it was great to see so many neighbors come out for this issue.
Two expansion plans were on the agenda and were voted through without objections. Then Planning Commissioner Thomas Madden took to the microphone, apparently to soften the blow of the Town Board moving the GameOn 365 projects forward as the Lead Agency against the wishes of the public in attendance. He practically whispered his informational presentation, which frankly was unnecessary, and when residents shouted they could not hear him, he turned the microphone over to another speaker. He could have briefly explained that the Town Board must vote to make themselves the Lead Agency in order to initiate a SEQRA study instead of trying to fake real concern with an elaborate hoax to placate the angry room. The Town Board received a reality check from the packed room that they didn’t believe or approve of the Town Board’s repeated lies about these issues on Dobbs Ferry Road! The residents admonished the Board that no one has contacted them about the GameOn 365 proposal even though the Board continued to state otherwise.
Speaker after speaker rose to the podium to say the Town must stop the proposed zoning change, stop the proposed bubble and focus on selling the former Frank’s Nursery property at 715 Dobbs Ferry Road before they do anything else. The Board sat in their usual unresponsive silence. At one point, however, Mr Feiner made a comment seemingly to defend Mr Madden’s unethical behavior of divulging confidential Comprehensive Plan information to GameOn 365’s developer. Mr Feiner said the Comprehensive Plan information was available to the public*. A member of the Comprehensive Plan Steering Committee, stood up and said, “That’s not true!” Mr Feiner repeated that the Comprehensive Plan information was open to everyone. Again, “That’s not true!” Mr Sheehan, the chair for the Comprehensive Plan Steering Committee, remained silent. While Mr Feiner can maintain the bully pulpit because he has a microphone and won’t allow residents to speak, being loud doesn’t make him right. After going back and forth several times, he finally said, “Well, it should have been open.” This is a standard tactic for Mr Feiner and the Board members when a resident catches them in a lie.
As the Board listened to nothing but irate constituents, we saw Mr Feiner on his cell phone. We imagine Mr Feiner texting Mr Jones saying, “We’re sinking and fast. We may need to delay this until they stop coming out.” Mr Jones leaned over several times to discuss something with Mr Morgan. Mr Jones might have returned the text message, “What do you want me to do?”
“Move for postponement.”
“Done.” With a little bit of stammering, whether genuine or good acting, Mr Jones said somnething to the effect of, “It looks like we will need more time to...”
“I make a motion to hold this over for two weeks,” said Mr Jones. The angry taxpayers weren’t happy with a postponement and let the Board know it. Shouts emanated from the entire room to take an up or down vote. Even Mr Sheehan and Ms Juettner wanted an up or down vote. The motion was seconded by Mr Morgan and passed with a three to two vote to postpone with Mr Feiner, Morgan and Jones voting in favor and Mr Sheehan and Ms Juettner voting against.
Stay tuned, as there’s more to come with this proposal. We urge residents who normally don’t bother with Town Board meetings to continue applying pressure to the Town Board. The Town Board’s delay tactics to wear down the populace have begun. This will not be the only postponement or delay. Eventually, they will close whatever public comment is going on, adjourn to Executive session or a Work session and vote this project through. Or, Mr Feiner will ask GameOn 365 to withdraw their application until no one is paying attention and magically, it will reappear to see another day at a later date. When the Town Board feels they can vote it through, whether with a unanimous vote or not, they will. The public is already enraged that their wishes are being ignored. The Town Board must listen to its taxpayer-residents. Only then will we have A Better Greenburgh.
* The Comprehensive Plan Steering Committee had made the decision not to release information as they were working on the new plan to avoid confusion and conflict before it was released in full. An example was originally given to withhold releasing it piecemeal. This way, if they wrote Chapter 2 and someone got a hold of it and started developing plans based on what Chapter 2 said, and then in Chapter 6 there was a change that affected Chapter 2 and had to be changed, the information the developer had would be wrong. Mr Feiner knew this. Mr Madden knew this as well, but chose to divulge the information to a developer anyway.
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