West Orange Town Council Addresses "Prism-gate"
Public asks council for answers about the struggling developer
The West Orange Township Council addressed concerns regarding the historic Edison Battery Factory and its re-developer, Prism Capital Partners, at its meeting Tuesday night.
The council echoed the frustration of the public at not getting timely answers to questions about the developer’s financial position.
“The public is really concerned, as is the council,” said Councilman Jerry Guarino. "(They are wondering) is (the redevelopment project) going to be viable? Is it going to happen and is the township exposed? The township is not exposed to any liability; we’re doing our job… it gets emotional.
“The township isn’t giving (Prism) any money unless they maintain their requirements,” he said. “But the taxpayers aren’t exposed to any loss.”
Prism Capital Partners previously owed more than $300,000 in delinquent taxes to the township and one of their properties was foreclosed upon. The developer has invested around $60 million into the Edison Battery property. Prism has, however, been chronically slow to respond to the township administration’s requests for updates on their finances.
According to West Orange administrators, before Prism can put shovel to soil, their project still has to be approved by the state’s historic preservation commission, a process that is underway.
With the backdrop of federal tax hikes on middle income households, Council President Victor Cirilo said he understands the public’s concerns, and said they will be addressed in further detail at upcoming budget hearings. “We haven’t raised taxes in three years and we’ve lowered the amount spent to 2008 levels, so right now our budget is around $73 million dollars,” he said. “We’re doing pretty decent. (But in the aftermath of Hurricane Sandy) it’s going to be tough to do again this year.”
After public comments, the council approved the consent agenda, which included reimbursements totaling $185,081 to residents who overpaid on their property taxes last year, the temporary 2013 budget (attached to this article as a PDF) and transfers of $386,128 among accounts, among others. West Orange reports unspent 2012 appropriations of $477,008.
Jerome Leslie Eben, AIA, PP
5:29 am on Thursday, January 10, 2013
While we wait, may be the green screen can be put on the fence so that it does not
look as bad as it looks!
Jerry
Steven Serebrenik
8:53 am on Thursday, January 10, 2013
Don't understand why the answers are so hard to get....
Concerns a lot of people when the word "gate" appears.
HankT
12:38 pm on Thursday, January 10, 2013
The article leaves out that apparently Prism stil lhas not acquired Phase I financing, something the Town/public was led to believe it had. What is telling is that all this information that is so concerning to the Council now was not uncovered BEFORE the Council voted on the agreements and bond ordinance with Prism, and that were it not for members of the public researching and bringing things like the Barton Press foreclosure before the Council, the Town would not have stopped to assess the situation like it is now. Prism was in foreclosure proceedings months before the votes on this project--why didn't the Town know? Was the administration negligent in not finding out about this, or did it know and keep it from the Council? EIther way looks bad....
Tom G.
12:38 pm on Thursday, January 10, 2013
"Gate" is just a silly journalism term used to try and get people to read the article.
Anyway, I don't understand why the town would approve this project if Prism has no proof of financing to begin contstruction. Without knowing any details, who knows, it could take months, even years to get the financing they need. I have the feeling this whole project will fall apart and nothing ever gets built.
Gary Englert
5:07 pm on Thursday, January 10, 2013
The single most salient point mentioned in the article was the fact that Prism has an application currently before the state's Historic Preservation Commission; a requisite approval necessary before it can complete its financing package.
The second most salient point is that Prism has invested +/-$60 Million in the project to date...while not mentioned is that their property tax payments and payments to fully fund the Township's redevelopment fees total and additional +/- $6 Million.
I rather doubt Prism is ready, willing or able to walk away from such an enormous cash outlay and is moving as swiftly as it can to get a shovel in the ground and start erasing a wll full of red ink.
We should count ourselves lucky as numerous other construction/rdeveloment projects ac ross the coun try HAVE been abandoned since the financial collapse of 2008.
wohopeful
8:05 am on Friday, January 11, 2013
Tjhe msot salient point is that Prism does not have now nor have they ever had the requisite financing or the ability to raise the bnecessary financing to move the project forward. They have played bait and switch with the council and planning baords, delayed paying taxes, stopped paying their mortgage, delayed escrow payments and the list goes on.
It is clear that Prism does not have the ability to move this project forward and the time has come to move on.
Ryan
4:10 pm on Friday, January 11, 2013
Re: "I don't understand why the town would approve this project if Prism has no proof of financing to begin contstruction."
Unless there's some different procedure for redevelopment projects, I don't believe it works that way. If you want to remodel your house or build an office complex on your land or whatever, the town doesn't require you to show proof of financing before it approves the work. There are properties all over that have approvals in place, sometimes for years, whose owners still don't have financing.
But yes, it's anybody's guess how long Prism might need to secure its financing for this project. It has its approvals from the township but not yet from the state (specifically, the historic preservation commission). It's possible that lack of these approvals is an obstacle to securing the financing, though I don't personally know this for a fact.
Tom
5:07 pm on Thursday, January 10, 2013
I am glad the issues will be addressed
Tom
5:07 pm on Thursday, January 10, 2013
By the way I don't believe Prism has invested 60 million in the project. If they have they have lost their investment. I would appreciate proof of the 60 million investment before it is reported.
Gary Englert
3:20 pm on Saturday, January 12, 2013
Tom:
An Internet search (try DataUniverse) will rather quickly reveal what Prism paid for the properties in the redevelopment zone...add in design and engineering costs preliminary demolition, EPA/DEP site remediation and prefabricatrion of the parking garage and +/-$60 Million is a pretty good number for what Prism has put into this so far.
Then add another +/- $6 Million or so in property taxes and fees and we're talking no small amount of money.
Tom
5:44 pm on Thursday, January 10, 2013
We should all consider ourselves lucky? What stupid thing to say!
Gary Englert
3:20 pm on Saturday, January 12, 2013
Of ccourse we should consider ourselves lucky and not understanding that we should is what is truly stupid.
Do you have any clue how many construction/redevelopment projects across the country have been abandoned since 2008?
Take a little cruise around the Internet and see for yourself Tom, then tell me West Orange isn't lucky to have a developer staying the course and trying to finish its project.
My position is not so much championing Prism (right or wrong) but, accepting practical realities absent any reasonable alternatives.
If there are any that you two, or anyone else is aware of, please share them with the group.
As it is, your criticism of Prism is analagous to the father of the bride rebuking Windows on the World for failing to host his daughter's wedding; it having be contracted and scheduled for Saturday, September 15, 2001
Adam Kraemer
7:39 pm on Thursday, January 10, 2013
I just wish Gary and every one else what call it what it is: A really bad real estate deal with an unhealthy tax brake to politically connected entity at the expense of the other honest people and business who actually pay the sky high taxes in this community. Unfortunately their is no other way to explain it.
Ryan
4:10 pm on Friday, January 11, 2013
Politically connected how?
Gary Englert
12:52 pm on Saturday, January 12, 2013
What Mr. Kraemer fails to understand is that this project is a result of decades worth of research, investigation and solicitation...necessitated by the fact that +/- $30 Million beyond what it could ever possibly be worth needed to be invested...due to the building's historic designation and DEP/EPA mandated site remediation.
The Township hasn't lost a penny here as the property taxes being paid are greater than those when the property was partially occupied and because the developer underwrites all of the Township's redevelopment expenses (legal, professional, etc.).
What we have here is a developer who, unlike many others across the nation, has not abandoned the project despite the worst economic conditions since The Great Depression...and that's an entirely different and reasonable way to explain it.
Adam Kraemer
2:10 pm on Sunday, January 13, 2013
@ Ryan - Prims was supported as the developer by McKeon and now by Parisi no other entity get the break to build. That is a political connection. The principles of the development our not listed but if they were I would strongly suspect they are political powerful names.
Tom G.
4:10 pm on Friday, January 11, 2013
Until we see contstruction equipment and workers on site I don't think we should be considering any aspect of this project a success. It doesn't matter what Prism has invested so far. Until we have a building with occupied apartments it's all pretty meaningless.
tiredtaxpayer
3:20 pm on Saturday, January 12, 2013
The oft repeated observation that Prism will not walk away from the $50 million or whatever they claim to have invested in the redevelopment project is nonsense. If they don't have and can't raise the funds to continue, sooner or later they will have no choice but to walk away. The township administration will eventually see the light and find them in default. Hopefully this will happen before too much more time is wasted.
Gary Englert
7:52 pm on Saturday, January 12, 2013
tiredtaxpayer:
Let's assume for a moment that you're right...and that's a big assumption...just how would the Township benefit from declaring Prism in default and what would be its logical and practical next step?
Again, everyone wants to pillory these people for their willingness to invest an enormous amount of money (the amount of which is easily identifiable as +/- $60 Million via pulbic records) and staying the course during the most challenging economy that any of us have seen in our lifetimes.
Still nobody but nobdy has offered one, single, viable alterrnative...and I'm all ears if anyone has one.
And, yes, those are facts.
Tom
5:41 pm on Saturday, January 12, 2013
Does anyone agree with Gary's position?
Do you consider yourselves lucky?
Or do you believe Prism's investment is lost?
What do you think of the Barton press foreclosure?
wohopeful
10:45 pm on Saturday, January 12, 2013
Tom, in no way are we, the hard working taxpayers, to be considered lucky and anyone who makes such a ludicrous statement simply doesn't understand the dynamics of the current economic situation and completely lacks any real historical perspective of what has occurred in the last fifty years.
What we know for a fact is that Prism does not now nor did they ever have In the last six years, the necessary financing to move forward. So the powers have saddled us with the burden of a developer who cannot get the deal done, as evidenced by the lack of progress to date, the flip flopping going on, the late payments, failure to properly fund escrow accounts, etc. Sadly this developer wants to get their hands on millions of taxpayer obligated bonds so they can balance the books and pay off some other project most likely.
We will forever be chasing a developer who cannot get the job done, is looking for more concessions and changes, failed to meet their obligations under contractual agreements. It's will be a legal fight which will go one beyond our lifetimes. I say we need to stop the insanity now and move on without Prism. Ensure that they pay their property taxes and we are no worse off than we have been over the last fifty years.
Gary Englert
8:21 am on Sunday, January 13, 2013
Wohopeful:
Absent from your nonsensical and completely inaccurate little diatribe is just exactly how you think "mov(ing) on without Prism" would work?
Please do share with us just how quite prematurely declaring Prism in default will benefit the Township, improve its position (financially or otherwise) and/or possibly bring redevelopment any closer to fruition?
While I'd love to hear you expound on these topics...and have challenged you (and others) to do so on a number of occassions...the silence has been deafening.
badbul
8:21 am on Sunday, January 13, 2013
I guess only time will tell. I know one of us are going to be really shocked in due time...
Gary Englert
2:10 pm on Sunday, January 13, 2013
badbul:
Yes...time will surely tell...hindsight is always 20-20...and, while I simply don't see the logic in throwing the baby out with the bathwater, there's nothing that has happened here, or that might happen in the future, that will shock me...other than Prism willingly walking away from its investment.
That would just simply defy logic and common sense.
Still, the question remains just what, other than staying the course and giving Prism the necessary latitude to complete the project, would be a better course of action for the Township...and what are the legal and economic implications?
Nobody but nobody has addressed that and presented an alternative that makes any sense..
Alan Sanders
2:10 pm on Sunday, January 13, 2013
I am no big fan of Wal-mart as a corporation for many reasons. 3 questions: Are there or why aren't there any Wal-marts in this area, and would this space/location work for them? I imagine that while they might be a better deal for the taxpayers than this Prism venture, that they'd be bad for local businesses. Any comments.
Gary Englert
2:34 pm on Sunday, January 13, 2013
Alan Sanders:
What was and wasn't appropriate for the battery factory...and for what anyone was willing to make an investment in...was pretty much put to rest when the published Requests for Proposal resulted in three interested parties proposing the same type of mixed use, residential commercial project...with Prism's specific vision being chosen from the three.
Neither the roadway infrastructure, nor the building itself, was deemed suitable for a stand alone retail destination and the parking necessary to support the square footage is simply unavailable.
Gary Englert
2:52 pm on Sunday, January 13, 2013
Adam Kraemer:
With reference to your contention that Prism is "politically connected" due to "McKeon's and Parisi's" support and that "political(ly) powerful names" are on their list of investors is just the height of ill-informed nonsense.
First, if there was a sentimental favorite among those vying to be named as the designated redeveloper, it would have been Larry Pantirer and Millenium Homes, with whom the Township/McKeon Administration already had a long and cordial relationship with.
Second, the developer who was chosen from the three proposal submitted (Prism) was selected by the Township Council in an open, public process and NOT by either Mayor McKeon or Mayor Parisi.
What these two men HAVE done is to acknowledge practical realities and understand that Prism remains the best horse to bet on getting this project done as quickly as possible.
Have you or anyone else provided a viable alternative?
No.
Lastly, the allegation that anyone with a fiduciary responsibility to the Township is linked to, or will gain financially from, Prism or this project is without any basis in fact.
Tom
3:38 pm on Sunday, January 13, 2013
Anyone know the details/reasons of the foreclosure of the Prism's Barton press location in West Orange?
Gary Englert
6:47 pm on Sunday, January 13, 2013
Tom:
Prism is paying .0879 percent to finance a +/- $5.6 Million mortgage (and did so for 4 years, until 6/2011), when the prime rate fell to .0325 in 12/2008 and has remained there since.
That mortgage (with Wells Fargo, originally GMAC) restricts Prism from doing basic things it need to in order to redevelop the site; demolish the building and use its lot as a construction lay down site.
Absent our seeing the depositions in progress now, we don't know what discussions occurred between Prism and Wells Fargo but, it's safe to assume they broke down and Prism stopped paying the mortgage as a tactical business decision.
Tom
8:47 pm on Sunday, January 13, 2013
Seems like PRISM is in danger of going Bankrupt.
What will happen when or if Prism goes Bankrupt?
wohopeful
8:47 pm on Sunday, January 13, 2013
Perhaps the grossly overtaxed hard working homeowners of West Orange should make a "tactical decision" to stop sending quarterly property tax checks to town hall as a way to get the concessions we need to feed our families and run our homes.
The suggestion that it is a tactical decision is nothing more than nonsense as all evidence points to the fact that Prism has financial issues.
Gary Englert
9:09 pm on Sunday, January 13, 2013
Tom and wohopeful:
Would you care to share any compelling evidence that (1) Prism is in danger of going bankrupt, or (2) that it has any significant financial problems?
The things that are readily apparent are (1) six years in, our redevelopment project is producing no income, (2) Prism's is meeting its obligations with income from other projects that are producing income, (3) it has had very short term cash flow problems as a result that should evaporate once all its permitting is in place and its construction financing can be finalized.
Do keep in mind that other Prism projects are moving forward without delay; the Parkway Lofts in Bloomfield and the Marcal property in Bergen County to name just two.
That doesn't suggest insolvency is close at hand.
Tom
9:58 pm on Sunday, January 13, 2013
Gary I think the evidence you just laid out is pretty compelling. I would just add that the Barton press foreclosure and Other prism properties that may be foreclosed on.
Tom
9:58 pm on Sunday, January 13, 2013
BTW compelling evidence that prism may be headimg into bankruptcy
Gary Englert
6:21 am on Monday, January 14, 2013
Tom:
Well, don't know how you analyze a given situation, let alone a financial one but, on any T-graph I draw up concerning Prism and downtown redevelopment, the plus column is far longer and more substantial than the minus column.
Do you have any idea what carrying a $60 Million, non-performing investment costs each month?
At a modest 5 percent APR, it's about $300,000 per month ($3,600,000 per year) and that's in addition to the annual $800,000 in property taxes and the $1.4 Million the town has been reimbursed for expenses so far?
All that considered, do a couple of tax payments made a few weeks late spell bankruptcy to me?
No, it doesn't.
By the way, the Barton Press property has NOT been foreclosed upon; Wells Farge has filed for foreclosure and Prism is contesting the action.
Further, having stopped making payments to Wells Fargo of +/-$30K per month in June 2011, Prism's arrearage is +/- $570,000...which in the broad scheme of things is relatively insignificant.
Conversely, Prism needs to have specific mortgage restrictions lifted and the note recast at a reasonable rate and why Wells Fargo has previously refused to do either is anyone's guess.
Tom
4:07 pm on Monday, January 14, 2013
Yes I do.
That is why they came to west orange for Bail out / Hand out.
I expect Prism to come back again and attemp to change the deal again.
Paul P
10:46 pm on Monday, January 14, 2013
A companies website can tell you much about the company. The Prism website has remained unchanged for years, still touting their unfinished projects as successes. A drive past Prism owned properties shows you how financially stable of a company it is. Most are half to 3/4's empty.
Prism's failure is a sign that West Orange should scale back its desire to build, build, build, and they will come.. Times have changed and so should West Orange.
Gary Englert
8:57 am on Tuesday, January 15, 2013
Tom P:
Your characterization as Prism having come to the Township looking for a "hand out/bail out" is obfuscation of fact and exhibits a lack of understanding of both what the Township is obligated to do under the redevopment agreement.
Following the 2008 financial meltdown and Bank of America (teetering on insolvency) pulling its financial commitment, Prism approached the Townhsip about becoming a bigger partner in the project (and increasing its income, by the way) by issuing redevelopment area bonds in the amount of +/- $30 Million.
Why did Prism do this? Because no financing was then available and the Township agreed to consider such a proposal...when and if necessary...when Prism was chosen as redeveloper. As it came to pass, however, the Council did not even bring the proposal to a vote.
As it stands, the only financial commitment the Township has made (and it won't happen before certain performance goals are met) is to issue $6.2 Million in bonds to finance upgrading its 100 year old infrastructure (roadways, sidewalks, curbs and sewers) surrounding the Edison site.
As Prism is evev providing dedicated sources to pay for it, it's hardly a handout...and the Township routinely pays for such things out of the General Fund when done elsewhere each and every year.
Gary Englert
8:57 am on Tuesday, January 15, 2013
Paul P:
While I haven't spent any time monitoring Prism's website, let alone explore its various projects and do occupancy surveys, its a pretty safe bet that they have been carrying Edison Lofts (for six years) with income from other enterprises.
They've also continued to acquire significant properties (Marcal last spring) while continuing to rehabilitate others (Parkway Loft in Bloomfield) all of which requires considerable resources.
I'm also rather impressed by the physical appearance of the Organon tract which has never looked better.
All that said, your suggestion that West Orange "should scale back its desire to build, build, build" ignores the fact that the Township enticed Prism into coming here and investing here and that they now own the properties we encouraged them to buy and redevelop.
We don't have the unilateral power or authority to stop this midstream and why would we and toward what possible end?
To have an eyesore remain on Main Street and further errode our tax base?
Finally, if there's a better horse to bet on than Prism to finish this race, who, what and where are they?
Tom
12:29 pm on Tuesday, January 15, 2013
It is obvious Prism has financial issues.
Whether it be late Tax payments or the fact that they're not paying their mortgages.
Prism's financial issues will/has become West orange's issues.
The Barton Press forclosure should be alarming to All Residents.
I think we all can agree on that.
Gary Englert
2:34 pm on Tuesday, January 15, 2013
Tom:
"Prism has financial issues?"
Well, if cash flow is the "financial issue" you're alluding to, the we are in agreement.
I think its entirely understandable that they would, given they've carried this project for six years on only the limited income received from the CVS store.
I also don't view the tussle with Wells Fargo over the repeatedly assumed and transferred Barton Press site mortgage as anything other than understandable and not reason for alarm; its terms and costs being so restrictive and expensive that Prism was surely entitled to some relief.
wohopeful
3:02 pm on Tuesday, January 15, 2013
A lien holder asking that the building, the primary asset, they hold title to not be razed is hardly cause for Prism to be entitled to relief. If you are going to make excuses, please at least make them plausible.
Gary Englert
3:11 pm on Tuesday, January 15, 2013
wohopeful:
First, Wells Fargo holds a mortgage (assumed from GMAC); they do not "hold title" to the property.
Second, the purchase price of said property was approximately twice the amount of the Wells Fargo mortgage, which suggests that its mortgage is more than secured by the property itself and that the value of the long deteriorating building on it is minimal and decreasing with each passing day.
wohopeful
3:41 pm on Tuesday, January 15, 2013
And as a holder of said mortgage they have a lien on the property and assets in question, thus making them a lien holder who have every right and title that the assets not be razed.
Just because you dreamt it doesn't make it reality.
Gary Englert
3:57 pm on Tuesday, January 15, 2013
wohopeful:
And such differences of opinion is why we have courts of law and equity where the matter will be decided if not settled beforehand.
The bottom line remains that Prism is restricted from do what it has always intended and is required to do with the property, based on the terms of a mortgage it assumed that was first cast when Barton Press was a going concern...and much has changed in ther interim.
wohopeful
4:08 pm on Tuesday, January 15, 2013
Prism may have intentions to do a great many things, but it does not preclude them from meeting their obligations under a contract they signed without duress. And it doesn't make your excuses for them any more plausible.
Gary Englert
4:17 pm on Tuesday, January 15, 2013
wohopeful:
Understanding both sides of an issue and not rushing to judgment without being privy to all the facts of a matter isn't "making excuses" but, keeping an open mind.
Tom
5:31 pm on Tuesday, January 15, 2013
I'm glad we agree that Prism has financial issues And would explain why their CEO Eugene Diaz was banging his head on the podium during a Townmeeting.
I would consider Prism not paying their mortgage for approximately 18 months more than just a tussle As most people would
Gary Englert
5:45 pm on Tuesday, January 15, 2013
Tom:
Well, in the wide wonderful world of business and personal financial problems, cash flow anomalies are probably among the least of them; again, the expectation that anyone has a bottomless well of cash to draw from is simply naive.
Again, Prism's arrearage with Wells Fargo is +/- $570,000 and paying it (notwithstanding the usurious interest rate and the onerous restrictions) wouldn't have been a problem had Prism not have to defend itself (and the Township) from a number of frivolous lawsuits, the cost of which comprises much of the $1.4 Million in Township expenses it has reimbursed.
wohopeful
7:09 pm on Tuesday, January 15, 2013
Prism was well aware of all the restrictions and covenants contained in the contracts, if they had issues with them then shame on them for signing on the dotted line. It certainly speaks volumes about the kind of business people they are if they agree to such onerous contracts and then try to escape them by not paying.
They also agreed to the escrow funding to be used for legal defense finds, so again shame on the bad businessmen running Prism for making deals that has them awash in red ink. Certainly no justification to stop paying your contractual obligations unless you don't have the cash which appears to be the situation with Prism.
Tom
7:14 pm on Tuesday, January 15, 2013
And if I was 7 feet tall I would play for the Knicks
Gary Englert
7:25 pm on Tuesday, January 15, 2013
Tom:
Actually, being 7 feet tall won't automatically get you on the Knicks, the NBA, or even into a decent local hoops league as talent still outweighs tall.
Alan Sanders
9:19 am on Wednesday, January 16, 2013
I don't think of Prism as a benevolent mistreated benefactor of West Orange. They went into this to make a profit and they misjudged the financial (excusable) and political landscape. I think that they have been less than candid with the public and the town and that rouses suspicion and concern. Paul's comment also concerns me. If they have such abnormally high vacancies as he says, that's worrisome.
Gary Englert
10:38 am on Wednesday, January 16, 2013
Alan Saunders:
Believe me, I have no doubt that altruism isn't Prism's reason for being but, it's also a given that a redevelopment project necessitating tax abatement to be remotely possible is a delicate balance to begin with.
As to misjudging the political climate, do remember it was far different a decade ago when the Township was encouraging redevelopers to bid on the project; Prism was invited and offered incentives to come here.
As to misjudging the financial climate, again, please keep in mind Prism's funding for the project was fully in place until the 2008 financial collapse and Bank of America's withdrawing its commitment, creating the impasse since.
As to anyone's unsubstantiated assessment of what they perceive as less than full occupancy at other Prism properties it is just that, unsubstantiated.
It's also rather clear that they are relying on income derived elsewhere to carry our downtown redevelopment.
wohopeful
11:05 am on Wednesday, January 16, 2013
Prism can play whatever shell games they choose with their money but that doesn't excuse them from paying their bills on time. Habitually late payment of property taxes, unfunded escrow accounts, foreclosure due to non-payment of mortgages, lack of funding for the first phases of the project, etc. are all cause for grave concern that Prism will ever be solvent enough to get this proejct off the ground.
Gary Englert
11:50 am on Wednesday, January 16, 2013
Again, Prism can't pay a bill it that hasn't been processed and sent to them, as was the case with replenishing the Township's redevelopment expense escrow account.
The Planning Director's extended medical leave resulted in the bill not being calculated or sent and it was paid in full once it was.
wohopeful
2:43 pm on Wednesday, January 16, 2013
Clearly, Prism received their property tax bills at the same time as those of us who own property in West Orange did. This was not the case of not receiving a bill, this was very apparent attempts to deal with fiscal insolvency through shell games with their creditors. These games only last so long before bankruptcy is knocking at the door.
Gary Englert
10:39 am on Thursday, January 17, 2013
wohopeful:
The classic shell game requires the rube to observe a pea placed between one of three identical shells, then to follow their movements when manipulated on the dealer's table, winning his bet if he then picks the shell containing the pea when the motion stops.
I don't see how anything happening here resembles that at all.
A project that should have taken 24-30 month to complete has dragged on twice as long and Prism has been carrying it with revenues from other entities it owns and operates.
A company reallocating its resources is not a shell game...and if bankruptcy were its end game, it wouldn't be doing it...they'd let the Edison project (a separate corporate entity, by the way) go belly up and continue to operate its profitable, revenue producing businesses.
Gary Englert
8:06 pm on Wednesday, January 16, 2013
Wohopeful:
West Orange "walking away" is neither possible nor practical as (1) Prism has an approval to build pending only final approval from the state's HPC, (2) Prism owns the subject properties and (3) there is a legally binding agreement in place.
Frankly?
I rather doubt a court would declare a default in item 3 (above) based on anything that Prism has or hasn't done thus far, which remains ample reason to stay on course.
As to the Barton Press site, it really has nothing to do with the approvals in place and its development is at least a couple of years doWn the road.
wohopeful
8:45 pm on Wednesday, January 16, 2013
Prism has stated they don't have the financing to move forward, so the project is clearly a no-go. But again you offer entertaining reading with the excuses you make up for your future employer.
Gary Englert
9:01 pm on Wednesday, January 16, 2013
Wohopeful:
It remains my mission in life to entertain you having long since concluded you are incapable of being educated.
While they (or most anyone else) would be lucky to have me in their employ, I have no relationship of any type with Prism Capital Partners LLC and don't ever expect to have one.
That said, Prism has one final piece to complete its approval process (a sign off from the state's HPC) and, once in hand, its final financing should fall into place.
Rather than spouting nonsense about what the Township should do, and absent any summary of the possible consequences, I prefer to illuminate the terrain on which we are actually deployed...warts and all.
wohopeful
9:22 am on Thursday, January 17, 2013
Well you should try illuminating with facts rather than your flawed personal opinions and conjecture.
Facts remain, that Prism has stated they do not have the funding for the project, they haven't paid theri mortgage and the property has been foreclosed, they are habitually late paying their bills even when the bills were sent to them months ahead of time, etc. these folks are sliding down the failed financial insolvency slope towards bankruptcy. We need to protect the taxpayers interests and move on from this deal before WO is sucked into the failed financial abyss that is Prism.
Gary Englert
10:13 am on Thursday, January 17, 2013
wohopeful:
Again, missing from your prose is any real suggestion as to what the Township should be doing to "protect the taxpayers" who, thus far, haven't been adversely effect at all here, as the Township has yet to spend a penny on donwtown redevelopment (it's expenses having been fully paid by Prism) and given that it has received more tax revenues than when the redevelopment properties were partially occupied.
The Barton Press property has NOT been foreclosed upon; the matter is being litigated and, in any event, involves the second phase of the project which will not even begin until the first phase is completed.
Those are the facts but, should you have anything concrete to add I'm all ears.
wohopeful
12:51 pm on Thursday, January 17, 2013
It is abundantly clear that business with Prism is going to end up unsatisfactory as the history has already proven. We have already spent money on valuable resoruces to chase after substantial monies that were due and not paid according to the bills they were presented We have suffered through the bait and switch games that Prism has played and will be forced to accept more and more concessions the further we go forward. Based on the history with Prism it is just a matter of time before they ask for changes to the already overly generous tax abatements they are due to recieve and we have already opened the taxpayer purse when it comes to provided taxpayer obligated bonds, hust a matter of time before they want access to more of that putting those of us who own homes here at even more risk.
The time is now to sever the ties of a bad business deal that never should have gone forward to begin with. Prism own the property and can do as they wish with it within the regulations of the requisite planniing boards, but WO taxpayers should not be forced to go along for a ride which is clearly not in our best interests.
Gary Englert
1:05 pm on Thursday, January 17, 2013
wohopeful:
Lacking both accuracy and substance you still haven't articulate just what specific course of action the Township should be taking that it isn't.
Fact: The project hasn't cost the Township a penny; all costs have been totally reimbursed by Prism.
Fact: There has been no "bait and switch" in any way, manner or form; the only change of substance being the residential units will now be rentals as opposed to condos and that is solely a function of what contruction financing is now currently available.
Fact: With or without downtown redevelopmnt, the Township will (likely sooner than later) have to bond to replace the 100 year old infrastructure surrounding the battery factory. This IS something it routinely does, year in and out, tbroughout town. It's far better to do it in concert with redevelopment as Prism will provide dedicated funds to pay for it...period.
wohopeful
2:18 pm on Thursday, January 17, 2013
Mr. Englert, It is clear from your comments that you choose not to keep an open mind and review the many facts myself and others have provided here, including statements by Prism Management themselves. Instead you choose to attempt to demean others and pretend like the facts have not been presented to you when they clearly have.
It is your choice to ignore the facts but it doesn't change the facts or mean that they don't exist or were never presented to you. A position of Ignorance is your choice but certainly not the position those of us who pay taxes and support the town of West Orange are likely to take up.
Gary Englert
5:16 pm on Thursday, January 17, 2013
wohopeful:
As I remain ready and willing to hear your grand plan asx to what the Township should be doing to move redevelopment forward and/or improve its financial position, I most certainly have an open mind.
Unfortunately, rather than providing anything substantive, you continue the same inaccurate tripe that accomplishes and says nothing.
There has been no "bait and switch or any "shell game."
There is scant clear evidence of "bankruptcy or insolvency" but, more than ample evidence of Prism having significant income and resources tos sustain our project while pursuing others.
This remains a process playing out during the worst economy in our lifetimes and it's also a process that hasn't cost the people of West Orange a penny to date.
wohopeful
8:41 pm on Thursday, January 17, 2013
Prism is exhibiting very serious financial problems as they habitually pay their property taxes late, are unable to maintain the contractual escrow funds, have not paid their mortgages, have had properties foreclosed upon, etc. Prism has stated that they do not have the funding to start the project and there is no timeline when they will ever be financially solvent to do anything to downtown West Orange.
The time has come for the township of WO to sever ties with Prism and move on before we are embroiled in more of their shell games, bait and switch, double talk and financial troubles. It is clear that this project will never come to pass with the involvement of Prism as they have stalled the project for at least six years. This travesty that is Prism cannot be allowed to continue endlessly and drag the good hard working taxpayers down with the financial collapse of Prism. The answer is clear and the time is now, we must sever the relationship as a result of Prism's numerous defaults and move on. Prism may pursue other remedies for their real estate.
Gary Englert
10:18 pm on Thursday, January 17, 2013
wohopeful:
Your repetitive, inaccurate nonsense aside, the Township can't unilaterally "sever its relationship with Prism" without due cause which it has yet to be presented with and I'm reasonably sure no court would rule that it had.
Your suggestion simply opens a can of worms that would result in significant legal expenses being incurred by the Township when none currently are...not to mention the loss of revenue that it is currently receiving.
Without the promise of a PILOT program, the redevelopment zone would become worth a fraction of what it is currently assessed and Prism would be entitled to relief.
Difficult as it may be for you to do, you need to think thes through.
Paul P
3:46 pm on Thursday, January 17, 2013
Here's an old but good write up on the history of the Organon - Main Street - Edison building fiasco, as written by the attorney the township hired to determine if there was a conflict of interest with township attorney working for Prism as well as West Orange.
http://pdfserver.amlaw.com/nj/trenk.pdf
Though the attorney found no conflict of interest , his so called investigation shes some light on the process that brought us to this point.
john anthony prignano
5:39 pm on Thursday, January 17, 2013
wohopeful George Orwell, 1984; "He who controls the past controls the future. He who controls the present controls the past."
Jerome Leslie Eben, AIA, PP
11:31 am on Friday, January 18, 2013
All: while everyone has points + & - on this project, please go all the way back to my original message. The site looks like something out of the TV Show the Walking Dead. In fact may be Prisim can make some money using the site as a movie set. In the meantime, where are the Township's Zoning Officer and Property Maintenance
people. If any of our properties looked this bad, we would be slapped w/a fine. Make Prisim put back the green screen until they get started, so at least the site will not be
Prisim testified before the Planning Board that the pre-cast conreted components
for the Parking Garage are in the yard of the pre-caster out in PA. Has anyone from
the township actually seen these components?
Jerry
such an eye sore.