2 days ago
Restaino says paper dabbling in 'conspiracy' over arena study release
Hours after the Niagara Gazette filed a formal request for a copy of the draft feasibility study for his proposed Centennial Park project, Mayor Robert Restaino accused the newspaper of conjuring up a 'conspiracy' about his administration's lack of transparency where the release of the document's contents is concerned.
The Gazette on June 5 filed a Freedom of Information Law request with the city clerk's office, seeking a copy of the Centennial Park feasibility study prepared by Florida-based consultant, Sports Facilities Advisory, LLC.
In an interview last month with local media members, Restaino confirmed that the consulting firm provided his office with what he described at the time as an incomplete version of the study.
In its FOIL request, the newspaper asserts that, even in a draft form, the study — commissioned to assess various aspects of the project, including potential locations — warrants release under state law.
Restaino has said that he intends to release the study's findings before the end of June, once he has shared them with 'stakeholders,' specifically representatives from the state-run economic development agency, Empire State Development Corp. and National Grid.
Both entities provided the city with a total of $140,000 used to hire Sports Facilities Advisory to analyze the proposed arena and events campus Restaino wants to build across from Seneca Niagara Resort & Casino on 10 acres of land currently owned by the private firm Niagara Falls Redevelopment.
On Friday, in a weekly update posted to the mayor's office YouTube channel, Restaino denied any 'failure to disclose' on his administration's part, while describing the Gazette's coverage as being part of a 'narrative that really has no basis in fact.'
'It's more about spinning things, how can they convince people about a conspiracy,' Restaino said.
The mayor again indicated that he intends to make the results of the study public before the end of the month.
'There's never been a suggestion that it's not going to be disclosed to the public, never insinuated that it wasn't going to be disclosed to the public,' Restaino said on Friday.
'You know how crack reporting is,' the mayor added. 'They like to find some conspiracy in everything. Unfortunately, I don't think they've listened carefully to what has been said and that is, for a period of time, it was just getting the additional information that was necessary so that the feasibility study could be complete. Also, sharing the feasibility study with the entities that financed it. Ultimately, the feasibility study can and will be disclosed to the entire public, everybody. Everybody will have access to it. Everybody will know what is contained in it.'
The city issued a request for proposals for the 'Centennial Park Market Analysis and Feasibility Study' on Oct. 2, 2023. The RFP sought qualified firms to perform the market analysis and feasibility study based on the 'conceptual design' for the project. The objective of the study was to assist the city in determining 'if and where to build a project of this nature.' The RFP required the preferred consultant to complete five tasks, including:
• Needs assessment. This task involved using the city's concept plan to identify potential Centennial Park programming. Suggestions listed in the RFP included athletic programs, winter activities, learning spaces and event spaces.
• Site analysis. Under this task, the preferred consultant was expected to examine the utility and other infrastructure needs for the project as well as look at the proposed NFR site and 'other potential alternative sites' for the project.
• Market analysis. This task involved a look at the facility's potential use by outside groups and an examination of comparable facilities and an assessment of competition within the market. It also called for an estimate on the approximate number and type of events such a facility could reasonably expect to host per year and probable attendance figures.
• Financial analysis. This task sought information about preliminary capital budget development, facility funding options, preliminary operating budget and potential revenue streams to support the facility.
• Presentation of findings. Under the RFP, the preferred consultant was expected to prepare to 'present and defend' their findings to the mayor, other city officials and stakeholders prior to the conclusion of the study. The RFP notes that the process 'may' include in-person and virtual meetings with both elected officials and the general public.
The city clerk's office acknowledged receipt of the Gazette's FOIL request on June 5, noting that, under state law, the city has 20 business days to either deny or grant the study's release. In the response, the clerk's office indicated that the city would advise the newspaper of a 'new estimated response date' should 'circumstances arise' that would prevent the city from responding within 20 business days.
'Examples of circumstances that may lead to extended response times include staff shortages, requests for a large volume of records and requests that require significant document redaction and/or seek documents that are not maintained electronically,' the response from the clerk's office notes.
Under state Freedom of Information Law, the city can grant the newspaper's request, deny it or deny it in part. State law outlines specific circumstances under which public agencies can deny requests for copies of documents considered to be matters of public interest. The law also allows agencies to redact information contained in documents under limited circumstances.
Council Chairman Jim Perry last week acknowledged that he has talked about the feasibility study with Restaino but said he has not actually seen the unfinished product. He indicated that he considered the study the mayor's to release publicly, adding that, from what he's been told, it is largely 'positive' where the Centennial Park project is concerned.
