
Centennial Park feasibility study expected to be released this month
He also said Monday that the study supports the project and 'its ability to be successful.'
Restaino spoke to the Gazette after making an 'informal presentation' on the project to mayors from across New York at last week's New York Conference of Mayors meeting in Albany.
The mayor said he is arranging to meet with the 'stakeholders who paid for the study' prior to publicly releasing its findings.
'One of the things we will do is meet with the stakeholders (representatives of Empire State Development and the National Grid Strategic Economic Development Program) who paid for the study and show it to them,' Restaino said. 'And then we'll release it to the public. This month everything is going to be out in the open.'
Restaino did not discuss any specific findings of the study, indicating that it was still 'being completed.' But he did say that the findings of the study were 'supportive' of the Centennial Park proposal.
Empire State Development (ESD) and the National Grid Strategic Economic Development Program are reimbursing the city up to $140,000 for the cost of the study which has been prepared by Sports Facilities Advisory LLC, a Florida-based sports facilities consulting company.
An additional projected $5,000 to $6,000 in expenses for travel and travel-related costs is being covered by American Rescue Plan (ARP) funds.
The contract with Sports Facilities called for the preparation of a 'market analysis and feasibility study' of the Centennial Park plans which call for the construction of a 'multi-faceted, year-round event campus' that would include a 6,000 to 7,000-seat arena for sporting and entertainment events, a smaller multi-purpose facility and a splash pad that could be converted into an ice-skating rink during winter months.
The project also calls for the construction of a parking ramp with exterior walls that could be used for rock climbing and a roof that could be used as a location for concerts or movie screenings. The estimated cost of the project is between $150 million to $160 million.
The park would be constructed on up to 12 acres of South End property described as 907 Falls St. and an adjacent portion of the property along John Daly Memorial Parkway. That property had been owned by Niagara Falls Redevelopment (NFR), and an affiliated company, Blue Apple Properties.
The city was awarded the property as a result of a successful eminent domain proceeding against NFR.
Restaino said during his discussion of the project with other mayors the city leaders were focused on the Falls' use of eminent domain.
Eminent domain refers to the right of 'a government or its representative to take private property for public use, as long as the land owner is fairly compensated.' The use of eminent domain has been enshrined in American law for more than 150 years since the U.S. Supreme Court's decision in Kohl v. United States in 1875.
'Some (of the mayors) wanted more information on eminent domain so I did provide that,' Restaino said. 'I think they were happy to have a conversation and some of them had (expressed) a fear of the length of time to make eminent domain work. But in our case, it only took 21 months.'
The mayor expressed disappointment that the city council, at its last meeting, tabled his request to begin the process of purchasing roughly 5 acres of the proposed Centennial Park project site.
Restaino had asked for authorization to submit a $4.029 million offer to NFR and its affiliate, to purchase the property based on an independent appraisal of the land. Several council members objected to authorizing the offer without having a chance to first review the appraisal and the feasibility study.
The mayor said council members could review the appraisal, but it would not be publicly released because it is part of the ongoing litigation with NFR.
'We're waiting to make (NFR) an offer,' Restaino said. 'We've put a number forward. It's more a question of if the council is going to approve going forward with it.'
The purchase offer is based on the acquisition of only slightly more than half of the land the city originally sought in its eminent domain action. In January, the city began legal proceedings against NFR claiming that 5 acres of the contested South End property, already subject to the eminent domain action, was never legally transferred to NFR's ownership.
The city is claiming that property formerly known as the 10th Street Park, at the intersection of 10th and Falls streets, was never properly deeded to NFR as part of a deal in 2003-2004 between the South End land owner and former Falls mayors Irene Elia and Vince Anello. Restaino has said the city's special counsel for the Centennial Park project has determined that NFR never completed the process of taking control of the land by gaining approval of the property transfer from the New York State Legislature.
The city and NFR are currently contesting that claim in New York State Supreme Court.
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