Latest news with #RobertRestaino
Yahoo
3 days ago
- Business
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Newspaper seeks public release of Centennial Park feasibility study
Niagara Falls City Council Chairman Jim Perry has talked with Mayor Robert Restaino about the unreleased feasibility study for the proposed Centennial Park arena and events campus and said he's encouraged by what he's been told about it so far. In response to questions from the Niagara Gazette on Thursday, Perry did not say whether he would support releasing the study to the public in response to a Freedom of Information Law request filed by the newspaper. Instead, Perry said he spoke to city attorney Tom DeBoy who acknowledged receipt of the newspaper's formal request for the document and was assured that the city's legal department is working on it. 'I'm not part of that process, but (DeBoy) assured me it's being done,' Perry said on Thursday. Restaino confirmed in an interview with the members of the local press on May 13 that he received what he described as an incomplete version of the study, which was prepared by the private Florida-based consulting firm Sports Facilities Advisory, LLC at a cost of $140,000, plus expenses. While he has since indicated that the study results support the city building Centennial Park, he has declined to release the contents publicly. In an interview with the Gazette earlier this week, Restaino said he intends to do so by the end of the month after the results are shared with 'stakeholders,' namely representatives from New York's lead economy development agency Empire State Development Corp. and National Grid, the two entities that covered the city's cost for the study. 'One of the things we will do is meet with the stakeholders who paid for the study and show it to them,' Restaino told the Gazette in an interview earlier this week. 'And then we'll release it to the public. This month everything is going to be out in the open.' During an appearance on Monday on 'Your Community Accountability with Sam and Jon,' a Falls-based social media program aired on Facebook and YouTube, Perry said he has had a 'lot of discussions about it' and that it 'looks positive.' On Thursday, Perry told the newspaper he hadn't seen the study but had talked to the mayor about it. 'I can't share everything because this will be up to the mayor to unveil, but this project should be one of the more positive advancements to our local economy I've seen in my 70-plus years here in the city if everything falls into place,' Perry said. On Thursday, the newspaper filed a formal Freedom of Information request with the city's legal department and clerk's office, requesting a copy of the study from Restaino's administration. The newspaper's request cited two opinions from the New York State Committee on Open Government that indicate state law allows public agencies to release documents in their possession even in instances where they are considered to be drafts or incomplete. 'Draft records are subject to FOIL,' said Paul Wolf, a Williamsville attorney and founder of the government transparency group, the New York Coalition for Open Government. The city clerk's office acknowledged the newspaper's request on Thursday afternoon. Under state law, public agencies are allowed up to 20 business days to either grant or deny requests for information. In its initial response, the city clerk's office indicated that should 'circumstances arise' that prevent the delivery of a response within 20 business, the newspaper would be contacted with a 'new response date.' '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. The results of the feasibility study are expected to more clearly define elements of the Centennial Park project and shed light on whether it would, as proposed, be viable in the Falls. A previous arena study, commissioned by Niagara County in 2017, concluded that the city lacked a sufficient number of hotel rooms needed to support such a project at that time. City officials, including Restaino and Perry, are seeking to acquire, using the city's power of eminent domain, 10 acres of land currently owned by the private firm Niagara Falls Redevelopment for the purposes of building Centennial Park. The courts have sided with the city's argument that it has the right to forcibly acquire the property — located off John B. Daly Boulevard at the intersection of 10th and Falls streets — for the purposes of developing the 'park.' The city is currently engaged in litigation, arguing that 5 of those 10 acres are actually still owned by the city as NFR failed, more than a decade ago, to properly obtain permission from the state to annex what was at the time public parkland formerly known as 10th Street park. NFR is disputing the city's position in court. The company also insists it intends to use the 10 acres for the first phase of a project of its own, a proposed $1.5 billion data center it says it intends to build in partnership with the Canadian firm, Urbacon. During his interview on Sam Archie's social media program on Monday, Perry backed the city's position that the city, not NFR, owns the 5 acres because it was formerly public parkland that was never properly acquired by the company. He said he agrees with the city's position based on maps and other documents that show the area in question was a public park dating back to the 1940s. 'A park is a park forever until you get that it is no longer parkland by permission from the state,' he said. 'When it was transferred over, those papers were never filed,' he added. 'You can argue all you want, that is still a park. Unless it's done legally, there is no claim to it.' As to NFR — a company owned by the Milstein family of real estate developers in New York City — Perry said the city has heard 30 years of promises and stories from the company with no tangible results. He also said there 'is no two solutions,' a reference to what some residents and officials have suggested could be a compromise that would allow both projects to happen. 'The convention center is real,' Perry said, referring to Centennial Park, 'and I know that because I've been working on issues and I've been talking to people. The data center, to me, is another pie in the sky.' 'If we gave this fight up tomorrow, (and said), 'OK, you guys can have the park, we'll do the paperwork and turn it over to you.' Let them have it, turn it over to NFR, all the stuff, you know what's going to happen? They are going to say, 'Well, you took so long Urbacon's not interested in it anymore' because that's the M.O.' Perry did concede in his interview with show host Sam Archie that, if the city is successful in its claim for the 5 acres, it may be required to reimburse NFR for taxes paid on the property in the past. 'I would assume that is correct,' Perry said.
Yahoo
6 days ago
- Business
- Yahoo
Niagara Falls City Council will consider accepting NFR data center application
The Niagara Falls City Council will consider a resolution at its meeting tonight to 'accept as complete' an application filed with city planners by Niagara Falls Redevelopment (NFR) to establish a Negotiated Planned Development District, also known as a Planned Unit District (PUD) for the purpose of developing a proposed $1.5 billion data center campus in the South End. Council members will also be asked to approve taking on the role of 'Lead Agency' in the environmental review of the project. If approved, the resolution would refer NFR's application to the Falls and Niagara County planning boards and the city's Zoning Board of Appeals for further consideration. The first stage of the project, which NFR has dubbed 'Data Center at Niagara Digital Campus PUD,' is projected to occupy the same parcel of 12 to 15 acres of prime South End tourist district land that the city has proposed to use for its Centennial Park project. Control of that land has also been awarded to the city through the courts by an eminent domain proceeding. The city has recently filed a claim that asserts that roughly 5 acres of the disputed land, formerly the 10th Street Park, was never properly transferred to NFR as part of a 2003 settlement of an earlier lawsuit between the Falls and the South End land owner. The resolution specifically states that nothing contained in it 'waives any rights of the city to recover the park property.' NFR has said its data center campus project 'is anticipated to bring 5,600 jobs to Niagara Falls during construction, as well as more than 550 permanent jobs when all phases of the data center are up and running.' NFR's original project application, filed in October, was determined to be incomplete by city planners. At almost 500 pages then, the application called for the Data Center at Niagara Digital Campus to be developed in five phases. The campus would include eight two-story buildings and one one-story building, for a total of 1,232,715 square feet of space. The full development would cover approximately 53 acres of what NFR has described as 'mostly vacant land.' The property would be bounded by John B. Daly Boulevard, Falls Street, 15th Street and Buffalo Avenue. Included in the application is a rezoning request, copies of traffic and noise studies, an environmental and energy impact plan, a full environment assessment form, a verified ownership petition, a survey and legal description, a historical property assessment, and aerial maps showing the placement of the data center and various other key elements of the plan. It was originally filed just over a month after New York's highest court, the Court of Appeals rejected a second appeal by NFR seeking to have its justices weigh in on the legality of the use of eminent domain to take NFR's land, described as 907 Falls St. and an adjacent portion of property along John Daly Memorial Parkway, for the proposed Centennial Park project. After the appeals court ruling, Mayor Robert Restaino said the city would move forward with 'a valuation and acquisition' of the property where NFR wants to build its first proposed data center building. The city council is weighing an appraised bid on the property of more than $4 million.
Yahoo
6 days ago
- Business
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Centennial Park feasibility study expected to be released this month
Niagara Falls Mayor Robert Restaino says he expects to release a feasibility study on the proposed Centennial Park project later 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.
Yahoo
23-05-2025
- Business
- Yahoo
NFR files legal answer to city bid to acquire company's 5 acres
The private law firm representing Niagara Falls Redevelopment has filed a formal answer to Mayor Robert Restaino's administration's claim that the city — not the company — owns 5 acres of the 10-acre site identified by the city as the preferred site for the proposed Centennial Park arena and events campus. The answer includes a counterclaim seeking 'consequential damages,' including reimbursement for taxes paid, for the 'value and benefit' conferred on the city as a result of NFR's 'justifiable reliance on the city's actions for more than 20 years.' Attorneys from NFR's law firm, Harter, Secrest & Emery of Buffalo, filed the company's verified answer on May 16, denying the city's contention that the 5 acres — located at the intersection of 10th and Falls streets — was designated as public parkland, served as a public park for decades and was never properly conveyed when the city agreed to turn it over to NFR more than two decades ago. In its answer, NFR argues that the 5 acres, which were transferred by the city to the company under a development agreement on Aug. 4, 2004, were not subject to the 'requirements and encumbrances' of the Public Trust Doctrine, a legal principle that designates certain resources, such as parkland, as held in trust by the government for public use. The city, through its attorneys with the Buffalo law firm Hodgson Russ, has argued in legal filings that NFR failed to obtain proper approval from the state legislature before accepting the property as its own and using it for 'non-public purposes.' In its answer, NFR suggests no such approval was necessary while also denying the city's allegation that the land transfer required authorization from the Niagara Falls City Council. 'The subject parcel is not encumbered by the Public Trust Doctrine, and its Aug. 4, 2004 conveyance from the city to NFR did not require approval from the New York State Legislature or the Niagara Falls City Council,' NFR's answer reads. 'For a parcel to be encumbered by the Public Trust Doctrine, there must either be an express or implied designation that demonstrates the clear and unmistakable intent of the owner to dedicate the land as public parkland. Here, no such express or implied designation ever occurred.' In its counterclaim, NFR describes the city's chances of succeeding in its quiet title claim as an 'unlikely event' while arguing that should the 2004 property be ruled null and void it is owed compensation from the city. The company's compensation list of requested compensation covers: the expenditure of 'considerable resources' related to the property, including money, services, labor, materials and equipment; paying the purchase price for the 5 acres; paying taxes on the parcel; maintaining the parcel; performing environmental cleanup work on the site moving playground equipment off-site and 'spending millions of dollars to develop a data center on the subject parcel, which the city, directly through its agents and representatives, encouraged NFR to spend.' 'NFR has expended these resources with the reasonable and justifiable expectation that, in accordance with the city's actions, NFR rightfully owns the subject parcel,' the company notes in the counterclaim found in its verified answer. The question of ownership of the 5 acres looms large in an ongoing eminent domain proceeding in which the city is poised to acquire, using its power of eminent domain, two NFR properties totaling roughly 10 acres off John B. Daly Boulevard at the intersection of 10th and Falls Street for the purpose of developing Centennial Park. NFR spokesperson James Haggerty released a copy of the company's response to the city's so-called 'quiet title claim' in response to questions from the newspaper on Thursday. The release came hours before Falls lawmakers were scheduled to vote on a request from Restaino to approve an offer of just over $4 million for NFR's land. The offer was tabled by the city council during Thursday's meeting. In a previous eminent domain case involving NFR, the company sought $75 million for the former Niagara Splash Park site, which is located across the street from NFR's 10-acre parcel. In that case, a judge determined that the state of New York, which acquired the Splash Park land for use in the development of Seneca Niagara Casino, ultimately owed NFR $17.8 million for the land. Haggerty described the city's initial $4 million offer for the proposed Centennial Park site as being based on a 'so-called appraisal' Restaino 'made up out of thin air.' 'In the end, though, it doesn't matter,' Haggerty said. 'Just as happened with the Splash Park parcels years ago, the court will decide the fair market value of this private property after considering actual appraisals submitted by both sides as this litigation moves forward — all clouded and complicated, of course, by the mayor's claims in his new quiet title action that the city already owns half the property it is seeking to acquire through eminent domain.' Haggerty also criticized Restaino and city lawmakers for not only suggesting the city's offer was based on a 'mysterious' appraisal but also for taking action before the mayor released the contents of a feasibility study conducted by a private firm to examine the potential pros and cons of building Centennial Park. He also referenced NFR's idea for the same 10-acre site, which company officials insist is needed to allow for the development of the first phase of what they claim would be a $1.5 billion data center in the city. 'The taxpayers continue to pay legal fees for all the mayor's litigation and are forced to watch as he works tirelessly on the taxpayer's dime to prevent NFR from building its economy-transforming, privately funded, $1.5 billion data center,' Haggerty said. In addition to the company's answer to the city's quiet title claim, Haggerty released legal requests sent last week by NFR's attorneys to the city that seek more detailed information about what he described as Restaino's 'scheme' to acquire NFR's 5 acres without having to pay fair market value for them. Examples of information sought by NFR include identities of individuals who may have knowledge regarding documents and information about 'any express or implied designation of the 10th Street playground as parkland,' documents used by the city to draft its legal complaint or support the city's position and identification of city officials who communicated with 'any third-party,' including New York state government agencies, concerning the action. 'Under court supervision, NFR will now see all documents, emails and text messages related to the mayor's attempt to avoid paying fair market value for this land,' Haggerty said in a statement from the company. 'Mayor Restaino may be able to ignore Freedom of Information Law requests, but he cannot ignore the courts, and we look forward to his testimony in this action,' Haggerty added. Dan Spitzer, an attorney representing the city, classified the requests as 'standard deposition notices' served in response to the city's quiet title claim. While Haggerty suggested both Mayor Restaino and his brother, City Administrator Anthony Restaino, were served 'subpoenas' in the case last week, Spitzer said that was inaccurate. He classified the requests for additional information as 'standard deposition notices' sent in response to the city's lawsuit. 'There have been no subpoenas served on the city, nor would it be proper to do so,' Spitzer said. 'While the misinformation is consistent with the legal abilities and veracity frequently demonstrated by NFR, we suspect what you are referring to are the standard deposition notices.'
Yahoo
17-05-2025
- Business
- Yahoo
Restaino: Talk of costly KeyBank Center upgrades not a concern for Falls arena plan
Mayor Robert Restaino does not believe recent conversations about the possible need to pump tens of millions of dollars into renovation work at KeyBank Center in Buffalo will have any impact on ongoing efforts to secure state funding to develop an arena that could accommodate a minor league hockey franchise in Niagara Falls. During an interview with local media members earlier this week, Restaino said he's not at all concerned that the state might consider putting money into fixing up the long-time home of the NHL's Buffalo Sabres before it gives the Falls funds to build Centennial Park, a proposed arena and events campus that is expected to cost at least $150 million. 'The City of Niagara Falls exists independent of the City of Buffalo and the City of Niagara Falls is a regional destination and, at some point, I think it's just obvious to everyone, that investment in this community returns itself with a great return on investment,' Restaino said. Multiple Western New York media outlets, including the Buffalo News, have reported in recent weeks that Erie County Executive Mark Poloncarz intends to walk away from the KeyBank Center lease when it expires on Oct. 1, 2026. The arena, which opened as Marine Midland Arena in 1996, has been home to the NHL's Buffalo Sabres for nearly three decades. The Buffalo News reported last month that the facility is facing a 'host of pressing renovation needs,' which the newspaper said could 'supersede its original construction cost of $127.5 million. Accounting for inflation, the News reported that the cost would be equivalent to $247 million today. WGRZ Channel 2 in Buffalo reported it is believed the facility needs between $75 million and $200 million in renovations. Restaino's administration, in documents filed in 2022 with the U.S. Department of Housing and Urban Development, estimated $122 million in state funding would be needed to build Centennial Park. The paperwork listed the total project cost at $165 million. Restaino noted that Sabres owner Terry Pegula has already benefited from substantial public support through the development of a new football stadium in Orchard Park for his other team, the Buffalo Bills. The $2.1 billion football stadium included $600 million from the state and $250 million from Erie County. 'The Sabres have a wonderful ownership,' Restaino said. 'He has already seen $600 million of state investment in the football stadium, so I'm not at all concerned about it.' Restaino revealed in response to questions earlier this week that he has a draft version of a feasibility study for the Centennial Park project, but said it is not yet finalized. The study, which was financed with support from New York State's lead economic development agency, Empire State Development Corp., and National Grid, was conducted by the Florida-based firm, Sports Facilities Advisory LLC. It was done to flesh out the concept and to assess whether the project makes sense in the city. Restaino has said that he envisions the facility, which would include a 6,000- to 7,000-seat arena, as a future site for an Ontario Hockey League team. The minor league OHL is considering expansion by up to three teams and Restaino met with the league's commissioner, whom he said told him would consider placing a team in Niagara Falls, New York, if the city had an arena in place.
