Carcinogens at Frank’s: Should We Ignore?

Resident Hal Samis, having recently retired from the real estate industry, posed these questions to the Town Board and several news media outlets. The Greenburgh Town Board seems to rarely, if ever, answer questions that residents raise at the Town board meetings. ABG felt obliged to publish these as Mr. Samis’ GameOn 365 questions are germane to the public’s right to know. The lamestream media will ignore them to insulate The Paul. Here are Mr. Samis’ unedited questions:

Could these questions be answered? And such preventive action/notice, as would be required or deemed prudent, be undertaken IMMEDIATELY?

1) When does the Lease become effective? I am not asking when rent commences but at what point or date certain that the Tenant (GameOn 365) takes possession of the property and assumes standard Tenant responsibility?

2) Whatever entity controls the property, be it the Town or the Tenant, now that it has been determined that the site is contaminated, i.e. evidence of carcinogens, shouldn't the Landlord and/or Tenant, the responsible party(ies), immediately see to it that the property is properly sealed off from allowing unrestricted entrance and that signs warning of contamination be posted immediately. In its present unsecured state, visitation to the property is both possible and permitted with little effort and assuredly without reliance upon hazmat outerwear.

3) Given that there is no Bonding or even Rent Security required of the Tenant (normally found in all Leases), at the time that the Tenant accepts the Certificate of Occupancy and opens its doors to the Public:

a) over the course of the Tenant's rent paying 15 year term, should discovery find the site to be still contaminated and this to the harm of the visiting and unknowing public (had a less than comprehensive plan of remediation been chosen), who is responsible for such damages as may result from successful litigation by harmed plaintiffs?

b) were the Tenant, GameOn 365 and its successors or assigns, to be found liable by a Court, what assets, other than the existing site improvements net of liens, does the Tenant possess to satisfy such judgements? Since the Town presumably conducted due diligence into the finances of the Tenant and found them to be ready, willing and ABLE to enter into this Lease, I would assume that by unannounced side agreement (albeit contrary to the Lease "this constitutes the entire...") that some sort of escrow arrangement of future profits is required. Am I correct regarding the existence of such?

c) if both the Town and the Tenant, jointly are found liable and, should the Tenant be found lacking in assets, will the Town then be solely responsible for the payment of damages?

d) were the Town and the Tenant, singly or jointly, give consent to a sports facility which will recruit children as paying clientele AND to do so without first seeking all cures and remedies currently available to the Town and the Tenant to cure known contamination, are both the Town Board and the Tenant subject to criminal prosecution?

Please prepare specific answers to the specific questions ready for delivery at the next Town Board meeting. This should require little effort as I'm certain that the Town Board would already know these answers having voted to execute the Lease, having voted to expand the Phase II Study and having accepted the language of the Referendum Proposition.

Hal Samis

Proposition #1 Passes With More Contamination Than The Site

The fix was in, the deal was done, the bed was made and the lights turned out. The lease process began well before the Town assumed ownership of the foreclosed property at 715 Dobbs Ferry Road, the former Frank’s Nursery. Once the ownership passed hands, The Paul let it fall right through his. While everyone familiar with the property acknowledged and explained the hazards and toxicity of the site to The Paul and his Board, he and they ignored them. Those who understand The Paul’s methods of how he operates knowing that once he makes up his mind to do something, he will not back down, no matter how illegal, immoral, dangerous or costly the project is or will be for the Town.

When nearby resident Simon Cohen launched the ‘HelpBurstTheBubble’ movement, he was uninitiated in Greenburgh politics. He portrayed the contaminated site and The Paul’s actions with logical, real and tangible reasons why it shouldn’t be done. In the end, it didn’t matter as The Paul began and continues to ignore the law mandating the sale of foreclosed property. He ignored all of the points raised by not only Mr. Cohen, but others. The G10 (formerly G8) stated and gave proof of contamination, flooding issues, traffic concerns and so on. Unfortunately, it’s the same litany we’ve repeatedly witnessed being ignored by the Town Board, aka Lead Agency, for project after project. Many had asked for a referendum to find out what the residents wished the Town to do with the property. The Paul ignored them. Then, as the opposition started to gain legitimate inroads toward stopping the ill-conceived project, The Paul then decided to hold a referendum only to have or not have the GameOn 365 bubble. Shrewd.

In classic form, The Paul began his deflection methods to distract from the bubble and began talking about all things unrelated. The media, complicit with him, routinely play along, ignoring their role as fact-checkers and reporters (in the strictest sense) of what all and any of our politicians do – legal or illegal. ABG is convinced we will never have any Watergate-type exposé except when the media is seeking to destroy an existing candidate or politician that is from the “other side” or opposes their agenda. Regardless, ABG will continue to champion the truth as much and as often as we can.

So what’s next? A lawsuit against the Town had already been initiated to stop the referendum bubble deal. As others have aptly stated, The Paul will now trumpet his mantra that the people have spoken and it’s democracy at it’s best, blah, blah, blah. Frankly, it’s a shame The Paul and his Board have so little regard for doing the right thing with people’s health. What’s worse is The Paul’s and his Board’s unbridled willingness to move forward with this dangerous, deceitful and problem-ridden project.

Just as importantly, not doing a thorough and proper site evaluation, remediation cost bidding and finally a site remediation before doing anything with the property for political expediency is unconscionable. It appears our elected officials abandoned a moral compass for a buck some time ago. Yet, to knowingly proceed is nothing less than criminal. Let’s hope the (yet another) lawsuit against the Town will force them to stop and do what is truly the right thing. We can only hope.

Vote NO – Carcinogens Found on Proposition #1 Site

In a stunning release by Woodard and Curran, the company doing the environmental study for 715 Dobbs Ferry Road, they reported contaminates that exceed acceptable levels for state cleanup criteria for commercial use were found at that location. This is the site of the proposed Proposition #1 which would (illegally attempt to) authorize the GameOn 365 sports bubble project. Numerous concerned Town residents objected to the proposition and repeatedly pointed out the site was believed to be packed full of contaminants and toxic debris, some originating from White Plains construction sites and others from two long-time nurseries.

Due to this finding, The Paul had his Town Board authorize additional money to be spent to investigate the property to the tune of $69,670 more dollars. Not $69k or $70k, but $69,670. Residents had been told by Town Attorney Tim “Remediation” Lewis that the Town would only need to spend $100k for site study and cleanup. This no longer seems to be the case with this new discovery. Regardless, The Paul, Tim “Remediation” Lewis and Francis “Back Pocket” Sheehan had stated at numerous Town Board meetings that the costs for testing and remediation would be capped at $100k. It appears that the inside information they failed to share with the public is slowly escalating to an amount that was previously unforeseen.

In arrogant defiance while being caught with his pants down, The Paul insisted this Proposition is still good for the Town, he insists the Town should proceed as he planned. Interestingly, it was The Paul, when pushed by residents at the last two Town Board meetings, who said that the safety of the children is paramount and the Proposition as well as the lease would not go through if anything was found that deemed the property dangerous to children and their parents. Ironically, no mention was ever expressed for concern of the employees.

It appears that the concerned residents of the Town were correct in their widespread criticism of the actions of The Paul and his Board regarding Proposition #1 and the GameOn 365 sports bubble. The overwhelming evidence confirms what the long-time residents had warned everyone about. Another critic of the Proposal #1, Simon Cohen, who organized the HelpBurstTheBubble movement, was berated by many at numerous meetings and is owed an apology.

Here again is the video the concerned Greenburgh residents made against Proposition #1:

While ABG is pleased that so many were on the right side of this issue for the right reasons, it is discouraging that our elected representatives are not representing the residents’ best interests, but those of the developers. This has to change. While none of our Town elected officials are running for office, ABG joins many others in asking for their resignations. We can only hope.

Our Residents Need Relief

A Sunday story ran about Industrial Development Agencies in New York and the “positive” affect they are having on business. While ABG doesn’t agree with IDA’s for numerous reasons, the article highlighted one company in particular, noting that they are the “Poster Child” for IDAs. That company is Regeneron Pharmaceuticals, a pharmaceutical developer at the Eastview campus of the former Union Carbide site on Old Saw Mill River Road. It has the hidden beauty of a Tarrytown (mailing) address while being in the less glamorous Town of Greenburgh.

Back in the heyday of Union Carbide, the site had several mansions on it, a holdover from the Rockefeller days when many parcels of land were owned and utilized by the Rockefeller Empire. But as we’ve previously posted, the site has been a hot bed of building activity with the projected blessing from The Paul and his Stepford Board to increase the traffic and flooding by encouraging 400-plus new condominiums be built at the location, in addition to the newly erected office buildings to the west of the “spine” that links the two sides together. Additionally, there will be another 400-plus condominiums built as part of Avalon 2 on Taxter Road. Across and farther down Rt 119 near Benedict Avenue will also see the 90 unit Brightview Senior Living Center* begin construction.

Do the prospective tenants of these condos realize the site was a chemical development and testing site many years earlier? It was replaced with the MSG training facility, occupying a larger footprint than the previous building. One of the biggest fires the area has seen was when the automotive products testing building ignited and exploded in the early evening in the late 1970’s – early 1980’s. Can you hear the gasps and outrage after the new condo owners find out they may be exposed to toxic automotive chemicals? They can query Town Attorney Tim “Remediation” Lewis as to how much testing and cleanup may cost based on his SuperFund knowledge.

One of the tenants across the street from the projected condos is Regeneron, a medical testing and creation laboratory. They have been touted as “one of the most successful IDA-backed projects in the region with nearly 1,000 employees in Greenburgh and annual revenue of $446 million,” said former Entergy Public Relations Officer and current Westchester Economic Development Director, Laurence Gottlieb. He went so far as to say Regeneron is “the poster child for a great IDA project”. Maybe it’s great for everyone at the IDA and at Regeneron, but what about the Greenburgh residents? Gottlieb claims they “just keeping adding employees left and right.”

Are the employees working at the Regeneron location in Tarrytown, actually Greenburgh residents or are they people relocated from Regeneron’s other locations in Basking Ridge, NJ, or Rensselaer, NY? If they are transferring from these other two locations, do they really “count” as adding jobs “left and right” and do they know about The Paul and how he is slowly reducing Greenburgh to nothing but affordable housing without any supermarkets near the populace? The question remains are Greenburgh residents being hired by Regeneron?

There is always an economic upside when businesses move to an area, bringing increased purchasing and property tax income to those communities. Tax income is a hot topic in the Town because of the misguided actions of The Paul. But doesn’t the IDA bring jobs and spending to an area? Sure – at the expense of the existing residents through property tax abatements, reductions and other tax incentives! In the case of Regeneron, their pharmaceutical failures frequently found them at the brink of and even in Chapter 11 bankruptcy proceedings. So are we to marvel at a company that seems to often be at the edge of insolvency that finally scored big with their macular degeneration drug or just shrug our shoulders? ABG is glad they’ve survived. Can Greenburgh?

There are millions of dollars shelled out every year by Westchester, Rockland and Putnam’s ten IDA’s that many believe could be better used to rebuild crumbling infrastructure or invest in our schools. Even with the artificial 2% Tax Cap the State passed this past year, practically every municipality has seen increases in their school taxes. Not to be outdone, County Executive Astorino recently created his own Westchester IDA because apparently his rhetoric of cut, cut, cut, is catching up to him politically as he cannot dole out money to various special interest groups in hopes of maintaining existing voters and “purchasing” new ones. Could The Paul be far behind?

Critics of IDA’s say IDA tax exemptions often temporarily lower the sales and property taxes those companies will pay, reducing revenue to the localities, county and state. This creates shortfalls that must continually be offset by residents. It’s also argued that IDA’s are said to help New York state compete with lower-costing states, as New York has a recognizably higher cost of doing business. Could it be that New York’s massive taxes (and regulations) are overburdening business in general, any of which politicians are quick to bail out, make concessions for, and promise a virtually rent-free existence? Of course they are! These same politicians do nothing of substance for the existing businesses who may find themselves silently struggling. Yet they turn their collective backs on the rest of us who could use a break but continue to pay our mortgages, rent and taxes as well as all their other bills on time! It’s disingenuous and needs to change! 

We want to see our Greenburgh companies succeed as well as our residents. We are happy that Regeneron was finally able to turn things around through the IDA’s help. The Paul, his Stepford Board and his administration continue to help his developer friends. And, IDA recipients are doing very well for themselves while Greenburgh constituents are suffering through some of the worst economic decisions made in the last twenty years. Regeneron and others continue to receive lower sales and property taxes, forcing the Town and it’s residents to pick up the difference of the reduced revenue to the Town and school districts. It’s time for companies who we have helped for so long to step up and make it on their own. We don’t want them to be abandoned, but stop dipping into the residents’ pockets that have been carrying them for years and then rubbing it in our faces. The residents need an IDA to help them! Vote; and vote differently for a better outcome. Our residents need relief. We can only hope.

* A meeting for this will take place at the Marriott Hotel, Thursday, Oct. 18th, at 6PM.