B. APPLICABILITY OF PDD REGULATIONS
Within pages 12 - 16 of Clough Harbor Associates' PDD application to the Town of East Greenbush will be fought the next and final battle of the Great Casino War. As in all wars, this one has many elements. It started with secret negotiations between East Greenbush investors/operatives and Saratoga Gaming and Raceway representatives. Strategic objectives in place, tactical plans were drawn up within Supervisor Langley's office during the late days of April 2014 and throughout the months of May and June. It was here that battlefield general James "Feathers" launched a series of coordinated attacks with the help of the entire Town Board.
These attacks included a strong propaganda campaign of mailers, lawn signs, social media, purchased radio time with AM 1300's Paul Vandenburgh and Town spokespersons Ed Gilbert and Sue Mangold, robo-phone calls, carefully timed press releases, phony fronts such as pretend job and vendor fairs, a less than slick public presentation with Churchill Downs reps at Columbia High School, quietly dispositioned one-on-one visits with key supporting arms leaders such as County Executive Kathleen Jimino, EG Superintendent of Schools Dr. Angela Nagle and Board of Education Chairman Dr. Shay Harrison, very public visits with Albany Mayor Sheehan (legalized "bribery") costing Feathers $10 million for nothing more than a non-exclusive signature of support, and critical local business support from Linda Hillman, President and CEO of the Rensselaer County Chamber of Commerce.
Hillman is a quietly powerful and efficient element of the type needed on any successful general's staff. In 2011 Ms. Hillman was Gov. Cuomo's appointment to the Capital Region Economic Development Council, "...helping the relationships between State government and business to stimulate economic development and foster job growth."
Alongside Ms. Hillman stood the Chamber's Board Chairman Dan Slote, broker at NAI Platform, the local real estate giant able to flip the Thompson Hill casino site lands almost overnight for more than twice what NAI paid, providing a stable NAI platform on which the casino could be built. From Kenneth Crowe's 4/24/14 Times Union story:
"Two parcels at the north end of Thompson Hill Road at the intersection of State Route 4 were sold by Richard B. Lynd to Village at Thompson Hill, LLC. This company, which is affiliated with Platform Realty Group, then sold the acreage to Greenbush GB Associates, Inc. James Featherstonhaugh of Saratoga Casino is listed as the manager of Greenbush GB. Lynd sold the residence on a 2.75-acre lot at 102 Thompson Hill Road for $390,000, according to the deed. Village at Thompson Hill then sold it to Greenbush GB for $900,000.
Lynd, through his Red House Farm Inc., also sold the adjacent 61.22 acres for $450,000. Village at Thompson Hill sold this parcel to Greenbush GB for $1.1 million. Greenbush GB borrowed $3 million from Village at Thompson Hill for the two parcels, according to a mortgage filed at the county clerk's office. The filing of the deeds came as Saratoga Casino representatives met with Rensselaer County Executive Kathleen Jimino and her staff, and gave plans for the estimated $300 million project to the town of East Greenbush."
Using the military's KISS rule (Keep It Simple, Stupid) it looks like this: Lynd sold to Platform (brokered by Dan Slote) who then lent $3 million to Greenbush GB LLC (Feathers) so that Saratoga Gaming could buy the casino land at more than twice what Platform had just paid for it. Why would anyone do that? Because Feather's power and connections make a 1-in-4 chance for a local casino license look more like 60 - 40 in his mind ( from May 2014 Town Hall meeting notes between Feathers and the East Greenbush Town Board).
Other Chamber Board members offering support- Carrie Hillenbrandt, of BBL Hospitality. From the PDD application we learn the following: "Moreover, a hotel partnership has been established with BBL Hospitality, with overflow guests directed to BBL’s hotels in East Greenbush; the Holiday Inn Express and Residence Inn."
Also on Board with the Chamber, so to speak: Robert Horan, Schodack Superintendent of Schools, which submitted an unambiguous letter of support for the casino in Capital View's submission package.
So you see, the whole campaign has been carefully orchestrated to swoon public officials and sway public opinion. Feathers and friends won the battle for public officials almost immediately. The only ammunition he needed were promises of tax revenues and jobs. But as they say, the first casualty in any war is the truth, and jobs have already been sunk in the sea of politics and revenues are likely to step on the land mines of market saturation.
The trench war for public opinion hasn't even been close. Anti-casino forces rule the battlefield. Every public engagement since May has seen us route pro-casino forces handily.
That leaves only one battle yet to fight: zoning, and the interpretation of the Gaming Law's Section 1366 language: Does the PDD need special zoning approval for casino amenities like bars, restaurants, and a hotel, or are these things inherently and inseparably part of the Casino itself, which carries with it the impenetrable body armor of the Gaming Act: Casinos are legal, we need them, and the law allows the state to put them wherever the state deems best in order to accomplish the primary mission of raising money, heavy societal casualties be damned.
Who will decide that final battle? We may have found out at the last Town Board meeting, Resolution 109-2014, in the 6th Whereas:
Whereas, the aforementioned Zoning Law also provides pursuant to Section 4.2.3 that the Zoning Board of Appeals of the Town of East Greenbush has the authority to interpret any provision of the Zoning Law about which there is uncertainty, lack of understanding or misunderstanding, ambiguity or disagreement, which would include whether the proposed site for a Planned Development District meets the requirements of Zoning Law Section 2.9.4. (D), and...
There it is. One of the more contentious, politicized and convoluted pieces of legislation in the history of New York State, and certainly the most contentious issue in the history of East Greenbush, will ultimately be decided by an all-powerful Zoning Board of Appeals, whose forte is traditionally more along the lines of small business signage, above-ground pool fencing, and backyard storage sheds.
Still think you don't have to enlist in this fight?
Within pages 12 - 16 of Clough Harbor Associates' PDD application to the Town of East Greenbush will be fought the next and final battle of the Great Casino War. As in all wars, this one has many elements. It started with secret negotiations between East Greenbush investors/operatives and Saratoga Gaming and Raceway representatives. Strategic objectives in place, tactical plans were drawn up within Supervisor Langley's office during the late days of April 2014 and throughout the months of May and June. It was here that battlefield general James "Feathers" launched a series of coordinated attacks with the help of the entire Town Board.
These attacks included a strong propaganda campaign of mailers, lawn signs, social media, purchased radio time with AM 1300's Paul Vandenburgh and Town spokespersons Ed Gilbert and Sue Mangold, robo-phone calls, carefully timed press releases, phony fronts such as pretend job and vendor fairs, a less than slick public presentation with Churchill Downs reps at Columbia High School, quietly dispositioned one-on-one visits with key supporting arms leaders such as County Executive Kathleen Jimino, EG Superintendent of Schools Dr. Angela Nagle and Board of Education Chairman Dr. Shay Harrison, very public visits with Albany Mayor Sheehan (legalized "bribery") costing Feathers $10 million for nothing more than a non-exclusive signature of support, and critical local business support from Linda Hillman, President and CEO of the Rensselaer County Chamber of Commerce.
Hillman is a quietly powerful and efficient element of the type needed on any successful general's staff. In 2011 Ms. Hillman was Gov. Cuomo's appointment to the Capital Region Economic Development Council, "...helping the relationships between State government and business to stimulate economic development and foster job growth."
Alongside Ms. Hillman stood the Chamber's Board Chairman Dan Slote, broker at NAI Platform, the local real estate giant able to flip the Thompson Hill casino site lands almost overnight for more than twice what NAI paid, providing a stable NAI platform on which the casino could be built. From Kenneth Crowe's 4/24/14 Times Union story:
"Two parcels at the north end of Thompson Hill Road at the intersection of State Route 4 were sold by Richard B. Lynd to Village at Thompson Hill, LLC. This company, which is affiliated with Platform Realty Group, then sold the acreage to Greenbush GB Associates, Inc. James Featherstonhaugh of Saratoga Casino is listed as the manager of Greenbush GB. Lynd sold the residence on a 2.75-acre lot at 102 Thompson Hill Road for $390,000, according to the deed. Village at Thompson Hill then sold it to Greenbush GB for $900,000.
Lynd, through his Red House Farm Inc., also sold the adjacent 61.22 acres for $450,000. Village at Thompson Hill sold this parcel to Greenbush GB for $1.1 million. Greenbush GB borrowed $3 million from Village at Thompson Hill for the two parcels, according to a mortgage filed at the county clerk's office. The filing of the deeds came as Saratoga Casino representatives met with Rensselaer County Executive Kathleen Jimino and her staff, and gave plans for the estimated $300 million project to the town of East Greenbush."
Using the military's KISS rule (Keep It Simple, Stupid) it looks like this: Lynd sold to Platform (brokered by Dan Slote) who then lent $3 million to Greenbush GB LLC (Feathers) so that Saratoga Gaming could buy the casino land at more than twice what Platform had just paid for it. Why would anyone do that? Because Feather's power and connections make a 1-in-4 chance for a local casino license look more like 60 - 40 in his mind ( from May 2014 Town Hall meeting notes between Feathers and the East Greenbush Town Board).
Other Chamber Board members offering support- Carrie Hillenbrandt, of BBL Hospitality. From the PDD application we learn the following: "Moreover, a hotel partnership has been established with BBL Hospitality, with overflow guests directed to BBL’s hotels in East Greenbush; the Holiday Inn Express and Residence Inn."
Also on Board with the Chamber, so to speak: Robert Horan, Schodack Superintendent of Schools, which submitted an unambiguous letter of support for the casino in Capital View's submission package.
So you see, the whole campaign has been carefully orchestrated to swoon public officials and sway public opinion. Feathers and friends won the battle for public officials almost immediately. The only ammunition he needed were promises of tax revenues and jobs. But as they say, the first casualty in any war is the truth, and jobs have already been sunk in the sea of politics and revenues are likely to step on the land mines of market saturation.
The trench war for public opinion hasn't even been close. Anti-casino forces rule the battlefield. Every public engagement since May has seen us route pro-casino forces handily.
That leaves only one battle yet to fight: zoning, and the interpretation of the Gaming Law's Section 1366 language: Does the PDD need special zoning approval for casino amenities like bars, restaurants, and a hotel, or are these things inherently and inseparably part of the Casino itself, which carries with it the impenetrable body armor of the Gaming Act: Casinos are legal, we need them, and the law allows the state to put them wherever the state deems best in order to accomplish the primary mission of raising money, heavy societal casualties be damned.
Who will decide that final battle? We may have found out at the last Town Board meeting, Resolution 109-2014, in the 6th Whereas:
Whereas, the aforementioned Zoning Law also provides pursuant to Section 4.2.3 that the Zoning Board of Appeals of the Town of East Greenbush has the authority to interpret any provision of the Zoning Law about which there is uncertainty, lack of understanding or misunderstanding, ambiguity or disagreement, which would include whether the proposed site for a Planned Development District meets the requirements of Zoning Law Section 2.9.4. (D), and...
There it is. One of the more contentious, politicized and convoluted pieces of legislation in the history of New York State, and certainly the most contentious issue in the history of East Greenbush, will ultimately be decided by an all-powerful Zoning Board of Appeals, whose forte is traditionally more along the lines of small business signage, above-ground pool fencing, and backyard storage sheds.
Still think you don't have to enlist in this fight?
