Showing posts with label contamination. Show all posts
Showing posts with label contamination. Show all posts

Thursday, January 28, 2016

Sports Bubble Bursts

We previously wrote on February 17, 2014 about the apparent safety issues with sports bubbles being more common than we were led to believe by the Town Administration and other proponents of sports bubbles. However, the bubbles they all referenced were smaller than the proposed bubble originally slated to be inflated at 715 Dobbs Ferry Road, the former Frank's Nursery property. Other safety concerns were quickly dismissed by Mr Feiner. Contamination cleanup of the property was also quickly placated by Town Attorney Tim Lewis, an unacknowledged and unknown hazardous materials remediation specialist.

Worthington Woodlands Civic Association members were not against development of that property. Yet their one constant was that no commercial entity be allowed to use the space and that it be utilized as zoned, for residential housing. Mr Feiner continued to assault the neighborhood with plans of an eight-story, 84-foot tall sports bubble as well as other commercial endeavors. WWCA balked and maintained their ground. 

Safety issues continued to be the topic du jour when discussing the use of the property. It seems there is an active proposal to develop the property as an assisted living facility. The WWCA has endorsed this project as it conforms to the zoned usage and will be used as intended, for residential housing. 

The sports bubble that had been proposed by GameOn 365 for that location then decided they would locate it next door to the Visioli's Golf Driving Range. The safety issues still remain regardless of the location. As was just witnessed this past weekend, a severe snowstorm hammered our area. With about two feet of snow, many roofs collapsed in traditionally built structures. In fact, crews for many businesses could be seen clearing their flat roofs of snow to lighten the stress the snow was placing on the structures. 

In Mt Vernon the Sports Underdome, often referenced by Mr Feiner and others who supported (pun intended) using a dome at the former Frank's Nursery property, had a collapse due to the crushing weight of the snow. Fortunately, no one was hurt. This same dome had had previous collapses in February of 2003 and December 2010. Third times a charm? In an ad hoc interview, the newly elected Mayor of Mt Vernon stated the owners should have cleaned the dome off during the storm. Classic politician response.

No doubt sports bubbles can provide a respite from inclement weather if used judiciously. Utilizing a sports bubble for 15 years, as has been proposed in our Town, is an aberration of the intent these flexible devices allow. We should remain adamant that resident and guest safety is too important to allow people to be put at risk through the use of sports bubbles. We would support a change in our code disallowing them and keeping people safe. Only then will we see A Better Greenburgh.

Tuesday, November 18, 2014

Right On Track For The “Gift-Away”

It was a convoluted plan. The players agreed to the time span. They may have been coached as to what to say and do. They were also told that this would take time. Like every plan Mr Feiner hatches, he is rarely, if ever, stopped. We blame that mostly on the willfully ignorant electorate. We’ve written about them before. They are what we call OIMBY’s, only becoming involved when something crops up in their neighborhood, or Only In My Back Yard.

The Town acquired the former Frank’s Nursery property through foreclose at 715 Dobbs Ferry Road. As required by County and State law, any municipality that acquires property through foreclosure must sell it. Except in Greenburgh. Why the exception? If Mr Feiner doesn’t like a law, he simply ignores it. Knowing he was required to sell, Mr Feiner could have just done a private sale with his friends from GameOn 365 and be done with it. But that would have cost GameOn 365 much more money than was agreed upon. So he offered to illegally lease the property to them. This illegal charade was uncovered and Mr Feiner had his hands caught in the proverbial cookie jar, he put the lease up for referendum in the last election.

We can imagine the Town Board going into Executive Session high-five-ing Paul with his strategic genius. It’s easy to see him as a genius when you are not. GameOn 365 then populated the Town with less than forthright yard signs, promising amounts of money to the Town that were simply fictitious. The referendum passed, giving Mr Feiner the fodder he needed to push his illegal deal. But still, he was unable to proceed. The Town never got the title for the property due to a bank lien. That’s why Mr Feiner went the route of an illegal lease!

The G10 pointed out that the property had contaminants on and in it and insisted the property be remediated before anything be done with it. In fact, the G10 pointed out that the Town had wanted to utilize the property as a temporary library while the award winning, wasted space, ski-jump was being built. There was an uproar then that the property was contaminated and could not be used. Think of the children - the horror, the horror. The same thing was said when it was suggested that the Town police station and courts could be located there. Again, the Town did nothing. They didn’t remediate the property nor did they relocate the police department, the library or courts there.

The G10 Town activists who attend Town and other Board’s meetings and community neighborhood meetings, challenged Mr Feiner and his complacent Board at multiple meetings, ultimately threatening another lawsuit to stop him. Undaunted, Mr Feiner forged on. That is, until the date of a court appearance was upon us and he finally acquiesced. But he now had the attention of the media and that was his goal all along. There were periodic deflections along the way, but his grand plan to gift the former Frank’s Nursery property to GameOn 365 was on track.

Once Mr Feiner threatened to take bids on the property, Elm Street Sports, owners/operators of the House of Sports in Ardsley surprised everyone when they offered almost twice the amount of money in cash ($3.5M) for the property than GameOn 365 ($1.8M). Plus, Elm Street Sports promised to assume full remediation of the property. Mr Feiner began a smear campaign that Elm Street Sports’ offer was not genuine. Say it enough times and it will become the truth. Eventually, the complicit media began purporting what Mr Feiner had been saying, helping his smear campaign against Elm Street Sports.

After being pushed and prodded by the G10, neighborhood civic associations and residents, Mr Feiner announced there would be an auction for the property “as is”, meaning any remediation needed would be paid for by the purchaser. After numerous excuses, delays and postponements, the auction is off again. Our original contention was that an auction would force Mr Feiner to forfeit the ability to control who is awarded the property. Since he had promised GameOn 365 the property back in about 2010 (maybe earlier), he is doing what he can to thwart the sale by normal means.

After hiring Harold Bordwin of GA Keen Realty, the Town’s chosen auctioneer for the property, he informed the Town that prospective bidders were reluctant to bid on the property because of the contamination and the lack of extent, effort and money that would be required to remediate it were they to purchase the property. Residents, G10 and assorted stakeholders all insisted the Town remediate the property to make it whole before trying to do anything with it. Mr Feiner and the Town Board ignored those suggestions.

It has been our contention that this was all part of Mr Feiner’s grand scheme after concerned residents derailed his illegal lease. We envision his new scheme to be the rope-a-dope he is currently doing. He offered the property for lease and was shot down. Then he tried to sell it directly to GameOn 365 and Elm Street Sports loused up that deal. Then he said it would be auctioned off and all types of stipulations, caveats and conditions were embedded in the deal and it waned. Then we believe Mr Feiner told GameOn 365 to go to the press and say they have an “option to purchase” the tax-evading Visioli’s Golf Range. It’s not really a sale, just publicizing that there could be one. Purely semantics. During all of this, Mr Feiner kept insisting that the property would be sold “as is” and adhere to the current zoning that’s in place, per the request of the area civic associations.

During all of this, GameOn 365 began canvassing the neighborhoods to garner favorable support from residents and they’ve started doing it again as of last week. They began donating money to different events to make it appear that they are community oriented and involved. For a paper company, they were doing just as we believed Mr Feiner might have told them to do. Mr Feiner on the other hand, continued to say many people/businesses have expressed interest in purchasing the property. But, as usual, he wouldn't divulge who – a typical ploy he uses so often that many no longer believe what he says is true.

The latest ploy by Mr Feiner is to play up the fact that interested parties whom might be interested in purchasing it won’t because of the remediation required and the lack of information provided. Eventually, he will drag this out until the playing field (pun intended) is down to two and maybe even just one player, Elm Street Sports and/or GameOn 365. OR, he will say there is no interest and GameOn 365 will take the contaminated property off of the Town's hands, paying taxes, offering jobs, etc., pave it, effectively sealing the contamination from the public and have done the residents and Town a great favor. And, like WestHelp, the lesser amount of money we now make will be someone else’s fault, not his. In the end, this has only been about making sure GameOn 365 gets the former Franks Nursery property. It’s time for this kind of thing to end. Only then will we get A Better Greenburgh.

Sunday, October 12, 2014

All Quiet On the Real Estate Front, Just Don’t Get Fooled Again

The property at 715 Dobbs Ferry Road has been condemned by Mr Feiner and his Town Board. They have decided to let it languish, contamination and all, and continue to help his favored “paper” company, GameOn 365. As you have read here previously, Mr Feiner has been trying to create a new zoning classification called Recreational. Mr Feiner’s plan, not the plan of the community, especially the surrounding neighborhoods, of both residential and business taxpayers, ignores the wants and desires of everyone but he and his friends from GameOn 365.

Throughout this ordeal that Mr Feiner has manufactured by unethically, although not illegally, acting behind closed doors, Mr Feiner had secret meetings and communications with GameOn 365, well before the Town acquired the contaminated property at 715 Dobbs Ferry Road, the former Frank’s Nursery. Almost immediately thereafter, when Mr Feiner announced the Town would (illegally) lease the property to GameOn 365, he began fabricating stories about other possible developers who protested the proposed lease and land usage. But the bully pulpit has always worked for Mr Feiner, his complicit Board and others.

The G10 exposed to the public that the property was contaminated from numerous sources throughout the years while it had been owned by several companies. The back end of the property was used as a dump for construction debris from the White Plains Urban Renewal projects when the original Macy’s and surrounding White Plains area was demolished. Then there were numerous nurseries on the property, with the last two being FlowerTime and then Frank’s. Almost immediately, Mr Lewis started the litany of lies that the remediation would cost under $100k. Mr Lewis is not a noted expert in hazardous material contamination, remediation, litigation and/or related issues. Nor does he have a level of expertise in environmental anything. Mr Feiner continued to claim the Town had a AAA Bond rating. But alas, the two points would never meet and the Town would not remediate the property so as to sell it at a true and fair Westchester piece of property. Rather, Mr Feiner would try to finagle a way to have the new owner/lessee/mark/sap to pay for it.

Since the Town has engaged in an illicit relationship to consistently assist GameOn 365, a for-profit company, we were not really surprised when the venue for their oversized proposal was moved to the Golf Driving Range next door and Mr Feiner supported it. The property, owned by the Vizioli family for years, has a few homes on the property, the driving range office and is flanked on two sides by homes. The Vizioli family had not paid their taxes from approximately 2008 until several months ago. And, they only recently made a down payment and entered a schedule to pay of the rest over several years with the Town. Even though they were known tax cheats, the Town never initiated foreclosure proceedings against them - which is the case with many others as well. It’s interesting that when they didn't have the money to pay their taxes, Mr Feiner and the Town didn’t pursue them for payment and as soon as a buck could be made by them by either selling or leasing the land, they hastily “found” money to start paying the bill. ABG wonders how many other properties have had this preferential treatment?

They say Yonkers is the City of Hills - where nothing is on the level. If that’s the case, Greenburgh is a close second, mostly because of the shenanigans executed with impunity by Mr Feiner and his Board. Mr Feiner and the Town passed a resolution about two months ago promising to sell the former Frank’s Nursery property only to prospective bidders who agreed to comply with existing residential zoning for the property. Now he simply has decided to change the parameters and accept bids instead from anyone, regardless of intended use.

Mr. Feiner said the decision to reverse course was prompted by “legal issues” raised by the Town Attorney that might have interfered with the property’s sale. ABG understands this is all a scam to ensure his friends from GameOn 365 are the (intended) winners of the bid process.  Mr Feiner had naturally declined to say what the legal issues were or why they were not raised before. Previously, he had enlisted the assistance and cooperation of the Worthington Woodlands Civic Association promising “complete transparency” in the upcoming sale. As he is usually wont to do, he changed the "game" in the eleventh hour, changing course and doing so at a work session which ensures no public comment, feedback or repercussions.

After this last rope-a-dope by the leaders, residents are left wondering what is going on behind the scenes and no one has heard anything. Typically, when there is a quiet before the storm, maneuvering by Mr Feiner is taking place behind the scenes. Why does ABG believe this is the case? Like the ads say, “Past performance is no guarantee of future results.” Except in Greenburgh. Something is afoot. The auction has been pushed farther back into November as each month finds a new change that mysteriously “must be made”, typically in a non-resistant Work Session.

The Town is continuing down a slippery slope of poor or non-existent ethical behavior by several elected officials in the Town. While their behavior has intended outcomes for some, it has unintended outcomes for the rest of us. Its time for Mr Feiner to practice what he preaches and start operating openly and without favor to his developer friends and others. Only then will we begin to see A Better Greenburgh.

Monday, June 23, 2014

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.

Saturday, March 22, 2014

Building Failures and Sports Bubbles

As our staff was researching the sports bubble collapses, we stumbled upon additional information regarding fixed structures with their roofs collapsing. One of the commonalities with these buildings and their collapses was that many of them employ a newer style of construction method called truss construction. As we delved into truss construction, the safety information we came upon was overwhelming. Trying to digest it all was a pretty good challenge.

Truss construction has been around for a good number of years. It has been seen by most people in bridge construction and in warehouse roof construction. Here’s a few picture examples of its usage in bridges.

















Finally, here’s one we believe you will be most familiar with:
That’s right, its the Tappan Zee Bridge in the Hudson River. 

When truss construction is in the design phase of a project, its usually being considered for several reasons. Those reasons might be time-savings to construct the frame, lower costs than traditional methods and stronger ability of lesser materials. By this we mean if a traditional roof were to be constructed of 2x6’s or 2x8’s, a truss roof, which is considered an engineered roof, can be made from 2x4’s and rated to hold the same weight (and possibly more) due to its geometric triangular shape, which is inherently stable under ideal conditions. Others reasons to use truss construction is quality control. Like a manufactured home that is built in a warehouse (usually with a truss roof) the conditions are controlled and more precise. When you build outside in the elements, with what is called “stick” construction, many factors affecting the construction’s outcome can come in to play, such as weather, materials, labor, etc.

Since we are looking at all of the sports bubble collapses, however, we’d like to focus on roof structures, what they offer and their detriments. A roof must be rated to sustain a certain amount of weight and pressure, referred to as Loads. There are dead loads, live loads, impact loads, static and repeated loads, wind loads, concentrated loads, axial loads, eccentric loads and torsional loads. Even with conventional stick construction methods, we’ve seen an increase beyond using standard-sized wood from trees of many sizes and types. We’ve also evolved from very early building methods to newer and more engineered methods. So while many aspects of construction have remained the same, much as evolved and changed. But is it necessarily better or something we should allow or use?

Greenburgh used to have two bowling alleys. One was the Skytop Lanes on Knollwood Road and the other was the Elmsford Lanes on Saw Mill River Road. Both suffered from roof collapses many years ago from excessive weight from snow. Skytop was eventually torn down and replaced with an office building. Elmsford Lanes was repaired and eventually morphed into Sportime, which continues to operate today. Large expanses of indoor property have always posed a construction challenge, whether it be a gymnasium, bowling alley or warehouse. Go into Sam’s Club on Rt 9A and look up. What you will see is truss construction.

Truss construction has benefits and detriments. One of the benefits is a financially cheaper way to construct a commercial building as well as a residential one. The loss of attic space in a home is detrimental to some homeowners but of no concern to others. The open air feel for a warehouse is obvious. The open air feel in a home, while faster and cheaper with truss construction can be achieved with “stick” construction as well, albeit usually at an increased cost. One problem that exists with truss construction is that the 2x4's are joined together with metal plates with quarter inch deep "teeth" that are pressed in the wood to join the pieces together. The stability of these plates can vary from installation to installation. Another issue with truss construction is firefighting.

It is well known in the fire service that truss constructed roofs collapse mush sooner than traditionally constructed roofs. One reason is the failure of the aforementioned metal joiner plates. Another is the fact that each piece in the truss is dependent on the others for its strength and stability. Loss one piece of a truss affects the overall integrity of the entire structure. The numerous firefighter line-of-duty-deaths (LODD) due to truss construction has caused the fire service to research and change the way the fire service fights fires when truss construction is used. They will cautiously enter a building, if at all, because truss construction failures happen so quickly, giving firefighters little time to exit to safety. Traditionally constructed buildings often give warnings when structural failure is imminent.

Truss constructed buildings give little or any signals of impending failure when involved in fire. Their failure is swift, usually without warning and does not allow firefighters much time to exit. Installed fire sprinklers will help control the fire scene usually by controlling the spread of fire, even extinguishing it. At a truss construction fire, firefighters will often be forced to execute what’s know as a “surround and drown” operation, where they do not enter the building and pour water into the fire scene. You’ve probably seen this type of operation on large building fires on the news. Obviously, if there are lives at stake firefighters will attempt a rescue, however, not if truss construction poses too much of a risk to firefighter lives.

The reason we have touched on truss construction is with all of our engineering marvels on the one hand, there are engineering failures on the other. The sports bubble collapses throughout the sports bubble industry are happening frighteningly too often, too uncontrollably and are proving too risky given the lack of safety standards that do not exist with this industry. Just because someone is able to create an inflatable tent the size of the one proposed by GameOn 365, doesn’t mean the Town or its residents must approve it. If buildings with fix roofs collapse under the weight of snow and because of other weather events, we don’t need to see what will happen with a “temporary” structure. Its only when the Town’s leaders cease to entertain pipe dreams like this sports bubble in a residential neighborhood that 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.

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.

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?

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.

Saturday, March 15, 2014

One Problem The Problem Solver Won’t Touch

A concerned citizen reached out to ABG and asked if we would publish his letter to the editor. After discussing it with us and that he had already sent it to another media outlet, we made an exception to run it because it touches on an extremely sensitive topic in Greenburgh. That subject is that Mr Feiner routinely and repeatedly uses Town resources for his own agenda. Here is Mr Hirsch’s letter, unedited and in it’s entirety:

Town Supervisor Feiner would like everyone to view him as a leader who runs the Town “openly” but the reality is far from that truth. For years I have written how Mr. Feiner is a master at controlling the media which enables him to control the message. The media I am most often referring to is his control over the Town resources he employs to communicate with his constituents (email distribution lists, Town website, televised meetings, etc.). Personally I don’t believe that Town resources should be used to help keep him in office but it truly offends me when Mr. Feiner uses these same town wide resources to sway public opinion in support of his agenda. It should be noted that these same resources are NOT available to residents (nor am I suggesting that they should be) but it’s awfully hard to speak out on issues when the Supervisor has a good lead on controlling their outcome.

Although I have over 20 years of history from which to pick, Mr. Feiner handed me the perfect timely examples to highlight his selective reporting style.

For weeks Supervisor Feiner has been using town resources to sway public opinion on last night's [March 4th] Fairview Fire District Vote. Included in today's email [March 5th] he stated that “The room was packed with residents of the Fairview Fire district-the overwhelming majority of attendees objected to the funding of another administrative position.” I'll agree that out of context this is a factual statement but I am merely borrowing some of its words to help make my point.*

The 2/26/14 Greenburgh Town Board meeting was also “packed with residents” where most (all save I) spoke up against the board approving resolution CD1-2/26/14 (zoning change study for GameOn). Putting both issues aside and sticking to my point, there was NO such email or story reporting on this event to the public. Also, if you listen to Mr. Feiner at the 3/4/14 Town Board work session, while he acknowledges the event he also continues to move his agenda forward even claiming that residents he has since spoken to are no longer against the proposal. There he goes again changing the message with the town wide resources primarily available to him.

The days of “Control the Media, Control the Message” have got to end and I implore the Town Board to finally create, initiate and follow Policies and Procedures for town wide communications from how we choose to disseminate information (mail, email, website, etc.) down to reviewing guidelines for acceptable content.

Below are the other communications Mr. Feiner chose to write about the vote for the Fairview Fire District while at the same time selectively withholding to write about the opposition surrounding the zoning change for GameOn on the Dobbs Ferry Road corridor (Please excuse the typo's, I wanted to share Mr. Feiner's communications verbatim).














* Unlike my example above, on 2/24/14 Supervisor Feiner wrote regarding Fairview “I believe that this proposed expenditure is a big waste of taxpayer dollars. I encourage residents of the Fairview fire district to attend the meeting on Tuesday March 4th.” This would directly support my notion of how Mr. Feiner shares his thoughts to help sway public opinion towards his objectives.

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/video/9934771-proposed-sports-complex-has-some-westchester-residents-up-in-arms/


 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?
- 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.

Thursday, March 6, 2014

Feiner and Board Caught In Another Lie

After several months of covert and detailed investigative detective work, numerous residents and civic associations were able to uncover that the Town of Greenburgh does not have clear title for the property at 715 Dobbs Ferry Road. It explains why Mr Feiner and his Board were anxious to lease the property to GameOn 365 instead of selling it. However, without clear title to the property, Mr Feiner’s illegal lease or a sale simply could not be executed. The threat of yet another lawsuit from community leaders stopped the originally scheduled illegal lease and gave pause to the sale.

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

It was standing room only. Councilman Ken Jones had previously made the statement several times that he hadn’t heard from anyone who lived near the proposed site and were against the GameOn 365 Sports Megaplex. He insisted that the earlier referendum validated that the public wanted it. ABG and others believe the referendum should be considered null and void as the referendum was for a sports bubble on the Frank’s Nursery property, which GameOn 365 has since abandoned. 

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.

Wednesday, February 19, 2014

More Sports Bubble Collapses Exposed

Intrigued by the amount of sports bubble collapses we learned of and wrote about in our last post, our staff continued to dig to see if they could find more. They did! Sadly, what we found disturbed us as there is a full range of ages of children that might be in one of these sports bubbles at any given time. How many kid’s parties are held every weeknight once school is out and throughout the weekend celebrating birthdays, bar/bat mitzvahs, graduations and so on? They are routinely used for venues such as these. Any of our kids, or even we can be in them and injured or even killed by a collapsing bubble!

We found more sports bubbles that have collapsed. One concern was that some of the dates of the collapses go back quite some time and we wondered if wed be able to detect improvements or significant changes in newer bubbles. We could not. In researching the bubble manufacturers, there were a fair number of manufacturers, but it’s not like looking for a contractor in your local phone book where you are inundated with choices.

Here’s a list of additional sports bubble collapses. This time, however, we are not going to detail the causes of the failures as it is less important than the fact that these sports bubbles did collapse. Here’s the latest find:

• Generations Sports Complex, Muncy, PA Feb 2011 and 2007
• Robert Moses University Sports Dome, Neville Island, PA June 2012
• Brookhaven Tennis Club, Jackson Township, OH Feb 2014
• Sports World, East Winsor, CT July 2013
• Giants Practice Facility, East Rutherford, NJ 2007 and 2003
• Rutgers Practice Bubble, Piscataway, NJ March 2010 and 2003
• Cheshire Pool Bubble, Cheshire, CT Feb 2013
• Boston College, Boston, MA Feb 2013 and Match 2010
• Star Hill Family Athletic Center, Tolland, CT Feb 2013
• Franklin Pierce University, New Hampshire Feb 2013 and 2008
• Prospect Park Tennis Bubble, Brooklyn, NY Dec 2010
• Randall's Island Sportime, Dec 2010
• Boerum Hill Gym, Brooklyn, NY January 2011
• Hanover Park Tennis Bubble, Illinois June 2012

We also discovered some interesting information while researching this story. That is of the warranty parameters for the sports bubble. This is an excerpt of the warranty from a company that will remain unnamed. We’ve italicized and made bold what we thought was eye-opening:

THIS LIMITED WARRANTY CONSTITUTES BUYER’S SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN NO EVENT AND UNDER NO CIRCUMSTANCE SHALL SELLER BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF THIS OR ANY OTHER WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Labor or service costs, refrigerant losses, the physical or chemical effect on the goods from improper storage, weather, foreign substances, mold, mildew, or chemicals in air, water or steam, including costs for removing or installing parts, and any shipping charges, are expressly excluded from this limited warranty.

It appears that once an entity purchases the bubble, the manufacturer walks away free and clear from the sale and the onus of safety is incumbent upon the owner/operator. Since GameOn 365 has already had one of their smaller sports bubbles collapse, ABG wonders what the safety considerations will be for the sports bubble they wish to install on Dobbs Ferry Road? Their latest example of who would use the sports bubble on Dobbs Ferry Road was the football team from Woodlands High School. They never discussed the added travel expense for the student, school district or taxpayer for their busing to and from the bubble. What parent wants to get that phone call, even for their big and tough football player sons that the bubble they were practicing in collapsed? Certainly no parent should ever receive that phone call. But, despite the soon to be released statements from GameOn 365 and Mr Feiner stating that sports bubbles are safe, we feel less confident now than we ever had before about their safety.

Watch for carefully crafted press releases in the mainstream media, the daily and weekly newspapers and the online venues that simply reprint Mr Feiner’s press releases without any challenges to what he says. Watch for GameOn 365 to do the same thing. Watch for additional “carrots” that are offered to the community to make this significant safety issue go away. As they double-team the conventional press to espouse sports bubble safety and precautions, try to imagine yourself in those parent’s shoes who received a phone call that the bubble they were led to believe was safe just collapsed and their child was in it. Hopefully, no parent will have to go through this hellish scenario. Hopefully, Greenburgh parents will say no to the bubble. Hopefully, we’ll have A Better Greenburgh without any sports bubbles.

Monday, February 17, 2014

Sports Bubble Collapses Are More Common Than Led To Believe

We previously posted the GameOn 365 sports bubble in Waldwick, New Jersey, had collapsed under the weight of the severe weather conditions. Fortunately no one was injured as workers described hearing noises just prior to the collapse. Safety concerns had always been brought up at Town Board meetings. When Mr Feiner routinely dismissed residents and taxpayers concerns, he continued his spot-zoning request from GameOn 365. He also shifted to wanting a sports corridor on Dobbs Ferry Road to originate from GameOn 365 at 715 Dobbs Ferry Road, the old Frank's Nursery property. He never discussed any other properties or plans elsewhere. It was solely for 715 Dobbs Ferry Road.

While neighborhood concerns, angered taxpayers and even other business owners protested, Mr Feiner and his Board dug in their heels and began to fight harder for the GameOn 365 larger commercial plan in the residentially zoned property. One wonders why Mr Feiner would insist on over-saturating the Fairview district with low and no-income housing but not want to build or develop any in an area zoned for it? It also begs the question why he did not continue the lease with the County for the WestHelp property at Westchester Community College and provide low income housing with existing low income housing?

The collapse in Waldwick sparked an interesting discussion in the ABG offices. Staffers wondered how many other bubbles, superdomes, temporary structures such as the 8-story bubble proposed by GameOn 365 have also collapsed. In a frightening discovery, this is not as rare an event as one might think. This should give pause to those only interested in serving a select few group of investors/developers in our Town.

Here’s a list of other collapses and a bit of information with each. If clicking on a link doesn’t work, simply copy it and paste it into the url field of your browser.

1) http://www.newhampshire.com/article/20130209/NEWS11/130208988/0/OPINION02

On February 9th, 2013, in Rindge, New Hampshire, wind and snow from a weekend blizzard took down the Franklin Pierce University Grimshaw-Gudewicz Activity Center Bubble. While no one was in the structure when it collapsed, it is 72,000 square feet and reaches seven stories in height. GameOn 365’s bubble is 105, 501 square feet. Not to sound overly concerned, but this same bubble collapsed once before during a 2008 ice storm.

2) http://tolland.patch.com/groups/business-news/p/star-hill-bubble-collapses-from-heavy-snow

In Tolland, Connecticut, on February 10th, a day after the New Hampshire bubble collapse, the Star Hill Athletic Facility bubble collapsed allegedly from the heavy snowfall that weekend. Fortunately, no one was injured from that collapse either. It may be significant to note that the bubble was the only part of the building that was damaged. The brick and mortar portion remained intact. Tolland is just northeast of Hartford, CT.

3) http://www.foxnews.com/story/2009/05/03/12-injured-when-roof-dallas-cowboys-practice-bubble-collapses/

On May 3, 2009, a sports bubble in Irving, Texas, referred to as “tent-like structure”, collapsed due the wind. At a cost of more than $4 million to build, the no-frills building was pretty much a 100-yard football field with a few more yards of clearance all the way around. The roof was 80 feet high, the equivalent of an eight-story building. Here, however, there were 12 people injured.
4) http://www.lohud.com/article/20101228/NEWS02/12280364/Mount-Vernon-Sports-Underdome-collapses-due-wind-damage
On December 28, 2010, what’s referred to as a sports “underdome” in Mt Vernon, collapsed just before midnight from damage inflicted by a blizzard’s wind. Thankfully, no one was injured as there were six to 10 people in the dome when wind tore the dome’s membrane, which caused the air-supported structure to deflate.


5) http://nypost.com/2011/01/28/tennis-no-one-bubble-collapses-under-heavy-snow/
In Brooklyn, NY, in January of 2011, the sports bubble there collapsed under the weight of 12 inches of snow. As taken from the article, “It’s not the first time this season that heavy snowfall collapsed a tennis bubble. During the original blizzard, the big protective dome over the courts in the Parade Grounds in Kensington also lost its loftiness...”

6) http://www.masslive.com/news/index.ssf/2013/07/photos_sports_world_bubble_dome.html
This collapse was especially troubling as this bubble was occupied with 29 campers (kids) and 5 counselors. Had the director not gotten a weather alert on her phone, the results might have been different. The Sports World bubble dome, part of the Sports World Athletic Complex crumpled roof reportedly blew into the southbound lanes of Interstate 91.

7) http://tomsriver.patch.com/groups/editors-picks/p/urgent-bennett-indoor-complex-roof-in-toms-river-collapses

October 30, 2011, Toms River, New Jersey highlights another collapsed bubble due to a power failure and then high winds. Again, no one was injured but this happened at about 4PM, a high traffic period for after school events. Interestingly, there was a comment to this post by a reader named Mattie, that said, “That ‘building’ was a huge waste of money for the tax payers and has had one problem after another since the day it was erected. It was also ugly. Take it down and build something better if it’s needed....” This sums up why Mr Feiner is so in favor of installing the bubble on Dobbs Ferry Road.
8) http://www.connectionnewspapers.com/news/2003/feb/27/roundup/
The Gunstun Sports Facility Bubble also collapsed from the weight from melting snows. No one was inside the bubble when it collapsed and fortunately there were no injuries. A significant outcome of this event was that County officials are currently evaluating possible uses for the location, but are not considering installing another sports bubble there.


9) http://triblive.com/home/1900793-74/bubble-dome-inside-allen-fisher-golf-morris-robert-collapse-door#axzz2tW4UreMp
June 1, 2012 found 50 people in Pittsburgh, Pennsylvania, escaping injury when the inflatable dome of the Robert Morris University Island Sports Center collapsed during a storm. “The incident happened within about 30 seconds," said one user, “There was shaking and all of a sudden it stopped and the dome started to fall.” Everyone was able to evacuate safely; there were about 10 people inside the dome at the time. Age estimates of those inside ranged from 10 years old to 50 years old.

Our government’s primary purpose is to protect its citizens. Whatever level of government we discuss, that theme is the constant. Or, it should be. But in Greenburgh, Mr Feiner and his Town Board are more interested in serving their needs and wants, as well as their developer buddies, over those of their taxpayers/residents/employers. These examples above are what we could easily and quickly find. How sad that such a select group of politicians have no qualms about putting their constituents in harms way. We need the public to say no to the Dobbs Ferry Road proposal. Only then will we get A Better Greenburgh.