The
late Art Holland, when he was the mayor of Trenton, used to say that it
wasn’t enough for a public official to be honest; they also need to appear
honest.
This
was just an inside out way of saying that appearances can be deceiving and even
if your intentions are pure, things might not look that way.
Appearance
and intent seem to be the crux of the current Federal case against the current
mayor of Trenton, Tony Mack. The mayor, his brother Ralphiel and supporter
JoJo Giorgianni have been arrested and indicted on charges they conspired to
use the Tony’s office to profit from a proposed (and, we now know, bogus)
development scheme. Did they really intend to personally profit from the
mayor’s position as head of city government? Or were they sincerely trying to
get a “deal done” that would benefit the city?
Last
week, it was revealed that the FBI has another investigation going
in Trenton. According to Alex Zdan of the Times, the Feds have subpoenaed
documents pertaining to five housing developments started under the prior
administration of long-time mayor Doug Palmer. Zdan broke the story on
Saturday, December 29 and had a follow up piece on Monday,
December 31.
Coming
back around to an investigation that apparently started two or three years
ago, the federal subpoena requests the city of
Trenton turn over accounting and payment records for the Pennington, Southwest
Village I and Southwest Village II, Canal Plaza Homeownership and Catherine S.
Graham Square redevelopment projects. All were being “shepherded” by Robert
Kahan.
Kahan
has been doing redevelopment work in Trenton since at least 1997 when
he formed the Warren Street Urban Renewal Limited Partnership. Over
the years, Kahan and/or his Tara ConstructionManagement/Tara Developers/Tara Developers II have worked on several
projects around Trenton.
Tara worked
on the Bellevue Court project with Isles a decade ago.
Then
something happened. Tara and/or Kahan were suddenly all over the place.
Between
April 2005 and April 2006, Kahan formed five LLC’s to work on five separate
projects within the city of Trenton. He also formed Tara Developers LLC in
April of 2006.
- Spring Street Housing, LLC
(Southwest Village I) formed 4-26-05
- Titus Housing, LLC
(Pennington) formed 4-27-05
- Broad Street Commons, LLC
(Canal Plaza) formed 4-27-05
- Monmouth Management at Trenton,
LLC (Catherine S. Graham Square) formed 11-15-05
- Tara Developers, LLC formed 4-5-06
- Passaic Street Housing, LLC formed 4-27-06
Forming
LLC’s for redevelopment projects is apparently a fairly standard way of
operating. It is at least an attempt to isolate the individual from any
liabilities the corporate entity might encounter…especially those caused by
other parties (contractors and such).
At
the time they were created, the state of NJ, public records show that the
registered address and agent for all except the Monmouth Management
at Trenton, LLC was 1512 East Wheat Road in Vineland.
Robert Kahan is listed as the registered agent and managing member.
Monmouth
Management at Trenton, LLC was created between Tara and 319 Elton LLC, a
company owned by Dov Gluck of Lakewood, NJ. In the initial
incorporation, Monmouth Management at Trenton listed its registered
address 1245 Airport Road, Lakewood and Gluck was the registered
agent.
So
far, nothing appears to be amiss.
In
July 2005, Tara Construction Management, LLC (one of Kahan’s companies)
contributed $1000 to then Mayor Doug Palmer’s re-election
campaign. Tara had also given the Palmer campaign $1000 in June of
2003.
Although
done all the time, contributions from LLC’s and LP’s are actually prohibited
in New Jersey. While the corporate entity can issue the check, the
contribution is credited to the member or partner who signs the check unless
there is an accompanying letter explaining how the contribution should be
distributed amongst all partners/members. Remember this for later and read
on. {Edited
for clarity.}
Tara
Construction Management also contributed $700 to the re-election campaign of
then East Ward Councilman Gino Melone in that same time span.
Plus, Tara had contributed $250 to Melone’s campaign in January of
2005.
On
June 1, 2005, a mortgage was issued between the City of Trenton and
Spring Street Housing, LLC (one of Kahan’s companies). This was the start of
the Southwest Village I project and came a little over a month
before that July contribution to Palmer.
How
do things appear now?
As
the calendar turned over to 2006, things started to get interesting. In May of
that year, Palmer would be up for re-election to his fifth term as Mayor.
Campaign contributions really picked up.
There
must have been a big fundraiser on March 15, 2006 because the ELEC reports are
filled with contributions with that date. Lots of contractors and vendors and
developers who were doing or wanted to do business with the city show up in the
reports, but one in particular stands out: NDK General Contractors, LLC of
Vineland.
NDK was formed by three
sisters, Nicole,
Davina and Kathleen Kemenash. The registered address for the business
was 1512 East Wheat Road, Vineland. If that sounds familiar, it
should. Kahan registered several of his development LLC’s to that same address.
NDK
gave Palmer $1000 on March 15. So did each of the three sisters. Remember the
law about contributions from LLC’s? That’s $4000 in contributions to be
apportioned amongst the three of them. If divided equally, they are each just a
little more than halfway to the $2600 individual limit for political
contributions. Oh, and back on July 20, 2005, NDK gave Palmer $1000.
Back
to March 15, 2006, five employees of NDK General Contracting also gave $1000
each to Palmer’s campaign. While it is entirely possible that these people gave
freely of their own money, how probable is it?
How
likely that an office manager, two secretaries, an estimator and a consultant
from a construction firm in Vineland, NJ really care who gets elected in
Trenton? The office manager, by the way, had given a previous
donation to Palmer. Although not listed as being affiliated with NDK in the reports
for that contribution, Lisa Bancia gave a $1000 contribution to the Palmer
campaign on July 20, 2005. That is the third contribution of $1000 to Palmer on
that particular date. One from Tara, one from NDK and one from Ms. Bancia.
On
one day, $9000 in contributions to Doug Palmer’s re-election campaign came from
one company, its owners and employees. It’s not what it appears like.
Right?
Office
manager Lisa Bancia gave another $1000 to Palmer on May 6, 2006. This put her
over the limit and Palmer’s campaign reportedly refunded her the $400 in excess
contributions. This was part of another wave of contributions to Palmer’s
campaign that appear to have come from/through NDK. Besides Bancia, the three
sisters who formed the company each gave $1000 again, as did NDK General
Contractors itself. That’s $8000 in contributions which puts the three ladies
over the limit if apportioned equally. The estimator gave another $1000. That’s
$6000 more that definitely came through NDK.
There
were also three woman who each gave $1000 and who all list addresses
in Vineland. The report does not show their occupation or employer
information (as required by law). Hmmm. That doesn’t appear quite
right.
Election
Day was May 9 that year. On May 10, Palmer’s campaign report shows that one of
the secretaries at NDK gave another $1000.
Tara wasn’t
keeping its checkbook closed either. In November of 2005, Gino Melone received
another $200 from the construction management firm. Melone also received $250
from Tara on April 17, 2006. Well within the contribution
limits, but again a violation of the LLC's can't contribute rule.
On
May 6, a gentleman by the name of Keith Karmitian (hard to make out the
handwriting on the report) gave $1000 to Palmer’s campaign. This was
interesting because the address given is in Philadelphia. In fact, it is
the same address listed for a $1000 contribution to then Councilman At Large
Paul Pintella’s re-election campaign that came from Scott Kahan who listed his
occupation as “Developer”. It appears that Scott is the son ofRobert Kahan and that Scott works with
his father. (If you go to the Tara Developers website, contact us page, there are links to
contact Robert, Scott and a “Keith” as well as a couple of other individuals.)
The
Scott Kahan contribution to Pintella’s campaign is dated May 24, 2006. There
was a runoff for the at-large council seats that year so the campaigning (and
fundraising) continued for another month.
Robert
Kahan, a “Developer”, also gave Pintella’s campaign $1000 on May 24, 2006.
Funny
thing, NDK General Contractors and President/Owner Nicole Kemenash also
contributed $1000 each to Pintella on that same date, May 24, 2006.
Pintella
and the rest of the Palmer slate (Manny Segura, Cordelia Staton) went on to win
the runoff election in June of 2006. You can view a timeline of all this
here.
In
July of 2006, the Pennington Housing project (Titus Housing, LLC, a Kahan
company) got underway. The Canal Plaza project started in
earnest in June of 2007. The Southwest Village II (Passaic Street)
and Catherine Graham Square (Monmouth Management at Trenton)
projects got underway in April and July of 2008.
NDK
General Contractor was involved in the Pennington Housing project according to
construction liens filed by suppliers waiting to get paid. Some of the liens were satisfied but one wasn’t. The contractor letits state license lapse at the end of 2006.
It has not kept up with its annual corporate filings to the state either and
is currently suspended pending
reinstatement.
Kahan formed Tara Developers II,
LLC in 2010 and
maintains an office on West State Street in Trenton. Kahan had,
in the meantime, changed all of his registered addresses for the various
project related LLC’s from Vineland to the Trenton address.
We
don’t know what the FBI will find through their investigation. We know what the
situation appears to be. In an effort to secure at least five
redevelopment deals, Mr. Kahan and friends made at least $30,000 in campaign
contributions to Doug Palmer, Paul Pintella and Gino Melone between May 2002
and May 2006.
In
Alex Zdan’s article published on December
31,
Doug Palmer is quoted as saying, “It doesn’t involve me or my administration.”
He
may be right. But that isn’t the way it appears.
6 comments:
Thank God they're finally going after Palmer, that slimy snake.
For the record, there is no indication that "they're finally going after Palmer."
While the appearance may be one of impropriety, that remains to be seen.
It had been the City’s policy that developers would bear the cost of water utility infrastructure (water mains, fire hydrants, customer service pipes) and also would furnish and pay for the labor and materials necessary to construct the improvements. For at least two City projects during the time frame mentioned, the Palmer administration, contrary to the standing policy, paid the developer for the costs of the water utility improvements. This may not have been related to any of the reported contributions, but to at least some observers it appears that it may have been.
Very interesting point on the water service costs.
Would this show up in the authorizing ordinances passed by the governing body?
We do have an OPRA request in for those documents.
Payments were not made directly to the developer. The project was approved with the developer responsible for providing the labor, equipment and materials at the developers expense. Then when it was time to install the facilities, the Palmer administration hired a contractor on an "emergency" basis to provide the labor and equipment to install the material provided by the utility. In another instance the Palmer administration ordered utility personnel to provide the labor, equipment and materials.
Hmm. In theory, if we knew the name of the contractor hired on an emergency basis or the time frame for the work, we could OPRA the records of that.
Similarly, a time frame/location of the installation done by TWW personnel would allow us to OPRA the records for same.
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