0 0 STATE OF NEW YORK CITY OF YONKERS ---------------------------------------X Yonkers Industrial Development Agency Board Meeting November, 0, :0 A.M. City Hall 0 South Broadway Yonkers, New York 00 ---------------------------------------X P R E S E N T: MAYOR MIKE SPANO - CHAIRMAN WILSON KIMBALL - SECRETARY MELISSA NACERINO - TREASURER (absent) CECILE SINGER - BOARD MEMBER PETER KISCHAK - VICE CHAIRMAN IDA STAFF JAIME McGILL - IDA EXECUTIVE DIRECTOR MARY LYRAS - IDA/YEDC CHIEF FISCAL OFFICER A L S O P R E S E N T: DAVID ROTHMAN, ESQ. - HARRIS BEACH, PLLC SHAWN GRIFFIN, ESQ. - HARRIS BEACH, PLLC ALAN FOX, ESQ. PATRICK SERENSON, IDA ACCOUNTANT DIAMOND REPORTING () -
0 0 MAYOR SPANO: Good morning, everybody. Happy Thanksgiving, belated Thanksgiving, and Mary, roll call. MS. LYRAS: Mayor Spano. MAYOR SPANO: Here. MS. LYRAS: Peter Kischak. MR. KISCHAK: Here. MS. LYRAS: Cecile Singer. MS. SINGER: Here. MR. LYRAS: Wilson Kimball. MS. KIMBALL: Here. MS. LYRAS: We have a quorum. MAYOR SPANO: Okay. We have the minutes for the October th meeting in front of all of you, and I ask that you peruse it and are there any questions? MS. KIMBALL: I'll make a motion. MAYOR SPANO: A motion from Wilson to accept the minutes, second by Pete. All in favor? (Chorus of Ayes.) DIAMOND REPORTING () -
0 0 MAYOR SPANO: Any negatives? The minutes are passed. Item, Mary. MS. LYRAS: For the month of October we received,000 in agency fees on two refinances. Our cash on hand is $. million, and we have our accountant, Pat Serenson, should anybody have any questions. MS. SINGER: So, what's in the pipeline as far as fees are concerned? MS. MCGILL: For agency fees, our revenues? MS. SINGER: Yes. MS. MCGILL: We are expected to close the year at just under a million. MS. SINGER: Thank you. MAYOR SPANO: Would you like to make a motion? Pete? MR. KISCHAK: I'll make a motion. MAYOR SPANO: Second by Cecile. DIAMOND REPORTING () -
0 0 All in favor. (Chorus of Ayes.) MAYOR SPANO: The item is passed. Jamie? MS. MCGILL: The first resolution for consideration is the final resolution for Bronx River Development LLC, Harris Beach. MR. ROTHMAN: Good morning. David Rothman. This is a project that the board may remember earlier this year. The agency approved the resolution at the public hearing. That hearing was held for in June of this year. This would authorize -- This resolution would authorize a straight lease transaction, provision of a mortgage recording tax, sales tax and a tax agreement consistent with IDA policy. MAYOR SPANO: Any questions? No questions. Does anyone want to make a motion? DIAMOND REPORTING () -
0 0 Cecile made a motion. Second by Pete. All in favor? (Chorus of Ayes.) MAYOR SPANO: Any negatives? The item is passed. Item. MS. MCGILL: The next item up for consideration is the final resolution for CPG Phase III Limited Partnership, Harris Beach. MR. ROTHMAN: CPG Phase III goes back to 0. This is a housing project. They are anticipating closing in December of this year. This resolution is ratifying prior resolutions approved by this board and authorizing the final resolution and again execution of mortgage recording tax exemption documents, sales tax and the tax agreement. MAYOR SPANO: Any questions? MR. KISCHAK: It's a great project considering what it was. MAYOR SPANO: Definitely. A great upgrade. DIAMOND REPORTING () -
0 0 MR. KISCHAK: Yes. MAYOR SPANO: Make a motion? MR. KISCHAK: I'll make a motion. MAYOR SPANO: Second by Wilson. All in favor? (Chorus of Ayes.) MAYOR SPANO: The item is passed. Item number III. MS. MCGILL: Item number III is authorizing resolution for AvalonBay Communities, Inc., Avalon Yonkers Sun Sites, LLC Phase II, Harris Beach. MR. ROTHMAN: Again a project that this board has previously heard about. There was a Phase I. Phase I closed. The company is ready to move forward with Phase II, this authorizing resolution allows for some assistance with respect to Phase II. MAYOR SPANO: Any questions? MS. KIMBALL: I'll make a motion. DIAMOND REPORTING () -
MAYOR SPANO: Wilson made a motion. Second by Cecile. All in favor? (Chorus of Ayes.) MAYOR SPANO: The item is passed. Item IV. MS. MCGILL: Item IV has five resolutions that are extending only 0 sales tax benefits. Can we take them up as a whole or do we have to take them up individually? MR. ROTHMAN: I think normally the board has done them individually. MS. MCGILL: Individually. Okay. So, the first item is Oz Moving & Storage Inc., to extend sales tax 0 and exemption benefits through //. No dollars. It's just an extension of time to utilize the benefits that have already been granted. DIAMOND REPORTING () -
0 0 MAYOR SPANO: Okay. Let's go with Item A first. Does anybody want to make a motion? Wilson and second by Pete. All in favor? (Chorus of Ayes.) MAYOR SPANO: Any negatives? The item is passed. Let's go to Item B. MS. MCGILL: Item B is Sessantacinque LLC (Leggiardo). MS. KIMBALL: I make a motion. MAYOR SPANO: Wilson made a motion. Second by Cecile. All in favor? (Chorus of Ayes.) MAYOR SPANO: Any negatives? Let's go to Item C. Does anyone want to make a motion? Cecile made a motion. Second by Pete. All in favor? (Chorus of Ayes.) MAYOR SPANO: Any negatives? DIAMOND REPORTING () -
0 0 The item is passed. Let's go to D. MR. KISCHAK: I'll make a motion. MAYOR SPANO: Pete made a second. Second by Cecile. All in favor. (Chorus of Ayes.) MAYOR SPANO: Let's go to Item E, Water Grant Street, LLC. MS. KIMBALL: I'll make a motion. MAYOR SPANO: Wilson made a motion. Second by Pete. All in favor? (Chorus of Ayes.) MAYOR SPANO: The item is passed. Let's go to Item F. MS. MCGILL: Item F is Cintas Corporation. They're extending through /0/0 and represented by Alan Fox. MR. FOX: Good morning, everyone. This is the same DIAMOND REPORTING () -
0 0 0 situation, just an extension of the term of the sales tax exemption no increase in the amount to be taken. I understand they expect to finish their construction by the end of March which is the term of the extension. MAYOR SPANO: Okay. What's the plan in March? MR. FOX: They are planning to finish up in March. MS. KISCHAK: Mr. Mayor, I think it's a great cause, but I have to abstain because I used to do business with them. I don't any more, but I just want to abstain. MAYOR SPANO: Do we have a quorum? MS. SINGER: I make a motion. MAYOR SPANO: Cecile made a motion. Second by Wilson. All in favor? MS. SINGER: Aye. MS. KIMBALL: Aye. DIAMOND REPORTING () - 0
0 0 MAYOR SPANO: Aye. The Item is passed with Pete Kischak's abstention. Item. MS. MCGILL: Item is authorizing resolution for Yonkers Waterfront Properties LLC, which is an increase and extension for sales tax benefits a/k/a/ Collins III. MR. ROTHMAN: So, the board has previously approved the Collins III transaction. This is an extension as well as an increase. The increase translates to about $ million in additional purchases which translates into about $,000 in additions, but the project has already been vetted, approved by this board. MAYOR SPANO: Additional? MR. ROTHMAN: Additional, correct. That's the amount of the increase. MAYOR SPANO: Any questions? MS. KIMBALL: I'll make a DIAMOND REPORTING () -
0 0 motion. MAYOR SPANO: Wilson made a motion; second by Cecile. All in favor? (Chorus of Ayes.) MAYOR SPANO: Any negatives? Fair enough. The item is passed. Item VI. MS. MCGILL: The next item up is resolution for Ravine/Point Street Acquisition, SEQRA, Shawn Griffin from Harris Beach. MR. GRIFFIN: Good morning. This will take a few minutes longer than we normally have on these resolutions because we are going to talk about SEQRA and determination of what's going on. We have prepared packets for you. I know you have them electronically. They were sent to you, but given the nature of them, I wanted to get the one set in front of each of you. We are going to start with Ravine now. DIAMOND REPORTING () -
0 0 Ravine, just while you're getting the material, just a reminder we talked about this some time ago. There are several other parcels nearby or adjacent in that block that the city desires to control through its agencies or directly so they can redevelop that block. These are three parcels owned by the entities. Controlled by Ron Shemesh They are. acres total. We are at a point now and in the process or at some point we will make an appraisal available. It's in your packet. It's tab. The appraisal was $,0,000. We were in negotiations trying to acquire this a while back for a certain amount down. We had a grant plus a percentage of the profits. They have since then been certified so they may show higher evaluations than that. If they do have a purchaser, we'll deal with that as we DIAMOND REPORTING () -
0 0 get into it. Today's discussion is about thinking through about SEQRA, the sight, sound, smell of traffic. What we are doing is taking the land. We don't have a specific use other than we know there is a public purpose here. We want to have this whole block controlled and redeveloped. There is a lot of concerns up there about ideas from the City property. Without these parcels the balance of City parcels can't be developed. So, we're comfortable we have a public purpose to proceed. So, when we start there's two resolutions for you to consider. The first one is it's a SEQRA resolution that we used to do from time to time. We have not done one in a while, but just as a reminder, there's a Part. Part asks a lot of questions about sight, sound, smell, traffic, zoning. DIAMOND REPORTING () -
0 0 The project itself is just to acquire and hold with the other parcels until we figure out what to do. So, that is a very low impact. I had our SEQRA counsel at Harris Beach go through these. He checked Part. Part then asks some probing questions that you, as the determining body, would think through. We didn't find anything or significant impacts of this of the taking. You know, if we later decide we'll get back to it what to do with the land, and we'll have a different SEQRA analysis to think about when it comes time, sight, sound, smell, et cetera. So, we didn't find anything of substance based on the Part analysis. Part was filled out for you and sent to you last week. You could see that there is no significant impacts identified. DIAMOND REPORTING () -
0 0 So, we're recommending as counsel and therefore there's no reason to do it. You find something significant when you fill out Part. Well, because we didn't find anything of a moderate or significant impact, we have nothing to talk about in Part. Part said we thought all about the right things. So, with that, we recommend that the board pass a resolution based on the counsel preparation of it and counsel advice of a SEQRA resolution for what's called a negative declaration saying that effectively we can't think of anything that needs more substantive thought at this time under the SEQRA regulations. If you do have what's called positive declaration, that means you found something. You're worried about traffic or something like that. DIAMOND REPORTING () -
0 0 If we are forever talking about a building, new occupants and people driving, you would want to think about that, and I would have to have more evidence to present to you to get a negative declaration. This is normally done by the planning department, but there is no plans yet. So, therefore, it needs to be done by your board. With that I recommend the passage of the negative declaration SEQRA resolution Acquisition parcel on Point Street and Ravine Avenue. Any questions? MS. KIMBALL: This is all listed under resolution, those three parcels? MR. GRIFFIN: Correct. MR. KISCHAK: This is the bus garages? MR. GRIFFIN: No. This is up on the hill across from the tracks up near Ravine Avenue. DIAMOND REPORTING () -
0 0 Years ago we looked very seriously of rebuilding an affordable housing facility just as a transition to the current administration and then we decided not to proceed with that and then there was a developer who was kind of knee deep in some of those parcels. So, those parcels were somewhere acquired by the City and we are now aggregating them back so the City can figure out and execute a plan as to what the City wants for that parcel. MAYOR SPANO: Any other questions? MR. KISCHAK: So, what's actually there right now? MR. GRIFFIN: There's a parking area that was actually used for temporary parking for a period of time on the site. You remember the three -- MS. KIMBALL: Parking lot by the public parking that the community DIAMOND REPORTING () -
0 0 would very much like parking returned to that site even as a temporary matter until the City moves forward with the plans, and I think there was just some vacant lot. MAYOR SPANO: It's important to note too that the property, most of those parcels we acquired through tax law closure. It's been a rough spot. MR. KISCHAK: Right. MAYOR SPANO: By taking all these pieces and putting them together, I think that there is a real value to doing something very positive for a community as a whole by having those parcels together. MS. SINGER: If you put the parcels together, what would be the total? How many feet? MR. GRIFFIN:. acres is the combination of the three parcels and that would then -- we had the map when we originally discussed this. In that block there is a significant DIAMOND REPORTING () -
0 amount of acreage that the City already has. This would round out the ability to develop the site. Again a lot of that would be done in planning. So, we are waiting to hear what they come back with, if they come back with a government 0 project,probably not us if it's a private project that the IDA would like to get involved with. If it's a school project the IDA would be involved. So, all of those we are going to consider once we acquire the property, but there's no particular end use at this point. MAYOR SPANO: It could actually 0 be a combination of school and private project because we are the only City outside of New York City that can do that because we've never utilized that law and we could and that seems to be kind of a prime piece for that. DIAMOND REPORTING () - 0
MS. SINGER: And what other legal aspect will there be in this undertaking? MR. GRIFFIN: Passing SEQRA is just a preliminary step and then we do a second resolution. Maybe we should do each of the SEQRA so you're comfortable and then we'll come back and do the actual 0 condemnation action of agreeing to go forward to take the property. That determination which is your second resolution for each parcel is where you've taken an affirmative step and said, okay, it's time for IDA to act and take this property. There is then under the EDPL, Eminent Domain Procedural Law, the property owners, if they make comments at a public 0 hearing, and each of them did, they have a right to sue us on process and procedure. That's why we are so strict about making sure you got it in advance and going through the whole book with you and then Pauline takes it from here if there's DIAMOND REPORTING () -
0 0 litigation. If they don't sue on process, we then go to Court and get a taking map approved by a Judge and at that point we make an offer based on appraisal. We'll probably freshen up the appraisal and talk to the people, but we can't condition our taking on a particular price. We just give them what we have for appraisal and then they have years where they can sue us over value. One of the things we are going to talk about with SEQRA is the City has already proposed a funding agreement much like we had in Forest City when we took the property up at Con Ed where the City will fund cost that the agency incurs. So, it's either through a City funding agreement or depending on the type of development on these other parcels, we'll have funding sources beyond the general cash, and the IDA is probably DIAMOND REPORTING () -
0 0 the healthiest it's been since I've worked with you guys. So, we are in a good position to proceed either alone or with the City funding or with the private funding. MAYOR SPANO: How does it work? Are we doing a determination of findings and not SEQRA? MR. GRIFFIN: I think if we could just go to SEQRA on the second taking and we'll bring in the book and then we'll come back and do the determinations on each because then the questions will be similar. MS. MCGILL: So, we are going to skip to Item VIII. We are going to do all the SEQRAs. MR. GRIFFIN: Yes. MS. MCGILL: So, we need to take a vote on VI on the SEQRA. MR. GRIFFIN: The SEQRA on Ravine and what the proposal is before you. MAYOR SPANO: Item. DIAMOND REPORTING () -
0 0 MR. GRIFFIN: Why don't we just stay with your plans. MS. MCGILL: We should be doing SEQRA first and then determination and findings. MR. GRIFFIN: Right. Why don't we just stick with your list. We'll do SEQRA and then determination. MAYOR SPANO: We are going to go out of order. MR. GRIFFIN: Right. MAYOR SPANO: We are going to take Item, and we'll do that one first. Any questions on the Ravine/Point Street Acquisition SEQRA? MS. KIMBALL: I'll make a motion. MAYOR SPANO: Motion. Second by Pete. All in favor. (Chorus of Ayes.) MAYOR SPANO: Any negatives? The Item is passed. MR. GRIFFIN: Now, we'll go DIAMOND REPORTING () -
0 0 into the determinations. MAYOR SPANO: Item. MR. GRIFFIN: Item. Let's just go parcel to parcel. The determination, this is a significant step in the process where the taking body of the board, IDA board, says we thought about it for SEQRA. That's behind us. There's a similar concept. EDPL is also covered by that. And then you're saying go ahead and proceed as counsel and staff to take these parcels. We wait to see if they sue us on process which they generally do. We fight that out not at a lower Court but at an Appeals Court. That will take us into the spring if there is a lawsuit. Pauline Galvin has been retained. She's done that on Main Street. She takes all that stuff into Court and comes back with an answer for us. If we pass that DIAMOND REPORTING () -
0 0 process, which we typically -- I've never lost one. If you pass that process, then you make an offer to the party based on your appraisal. And I will probably freshen up the appraisals once the process is over with and then make an offer based on that, show them then the appraised amount. If they want to sue us on that, they'll do that. They have years to do that. That will take money, but they still have the right to sue us for more. That's the normal process. MS. SINGER: So, we make the offer based upon the appraisal, on the appraised value of the property. MR. GRIFFIN: Yes. After we see if they sue us on this, on the process. MS. SINGER: Then they can exhaust their legal remedies. MR. GRIFFIN: Correct. With your administrative remedy, you're DIAMOND REPORTING () -
0 0 right on point was to come to the hearing and say I don't want you to take it because we've got other purchasers. We are aware of that. Sometimes that is actually happening. Sometimes that's what incidentally happens. It's really not for us to figure out at this point. We know we want to take these properties. MS. SINGER: The question is the appraisal. Do we give an amount in addition to the appraised value? MR. GRIFFIN: We give an exact appraised value. MS. KIMBALL: The City as the purchaser isn't allowed to pay above fair market value so Pauline helped us get on New Main Street is we got the appraisal. In four out of five cases the seller took the appraised value because they had our appraisal, and we had our appraisal and we kind of agreed basically. The last person had, you know, DIAMOND REPORTING () -
0 0 the gentleman on the corner though his property was a million five. Our appraisal said $0,000. The Court said it was about 00,000. Because the Court dictated that value to us and we were able to pay that, but we're generally not allowed to pay an exorbitant amounts of money. MS. SINGER: I understand that, but if the situation goes to a legal procedure -- MS. KIMBALL: Then the Judge will determine based on that. So, that's what will happen. MAYOR SPANO: Any questions? Anybody going to make a motion? Cecile; second by Pete. All in favor. (Chorus of Ayes.) MAYOR SPANO: The item is passed. Let's go on to Yonkers Avenue. MR. GRIFFIN: On Yonkers Avenue again you have before you the set of DIAMOND REPORTING () -
0 0 documents. For Yonkers Avenue we'll go through the same process. There's a discussion about SEQRA and then a discussion about second resolution about determination. Again, if you think about Yonkers Avenue, as you're leaving City Hall, it's up on your right, and we looked at that on the maps when we originally talked about this. We had a public hearing. The owner did materialize. He did make statements at the public hearing. He's represented by a Jim Veneruso. We've heard from them. We've actually redid the public hearing and they again made -- It's very important for them to say something at the public hearing by letter or showing up because that then gives them the right to sue us on process later on. We don't shy away from that. That's their due DIAMOND REPORTING () -
0 0 0 process. Cecile was generous enough to be our hearing officer for these different hearings we've had. Now that we've gone through the hearing, let's think about sight, sound, smell, traffic, things like that. None of that changes yet because we don't have a proposal for this site. We think this is a nice area for overflow parking or something we want to control as a City and a community. That's probably our primary use for now. I don't see a lot of impact issues with that. The real question before you is Part was filled out by people who understand this process and present it to you. Part was then filled out by us as counsel for you saying we don't see a moderate to large impact because of just this step and again DIAMOND REPORTING () - 0
0 0 it's not that hard to come to that conclusion given we are not ready to build a ten story building there. And then Part because I didn't find a moderate impact or large impact, there's nothing really to fill out in Part. So, that's all been prepared for you. It was sent to you last week. It's before you now. We are recommending that you pass what's called a negative declaration and there's not anything further about and that you go ahead and proceed with the actions. So, do you want to present that for -- MAYOR SPANO: One thing to remember, too. We are building four thousand units of housing right up here. There's two ways, two arteries into this community on Yonkers Avenue and Ashburton Avenue. We just put about roughly I think or million dollars into Ashburton Avenue. They DIAMOND REPORTING () -
0 0 will pave it in the spring and that's the final touch on it, but all of the -- most of the real infrastructure work is done. Yonkers Avenue is a monumental challenge for us. So, this could be a very important piece in the comprehensive plan to deal with what is potentially I think a challenge for us when it comes to traffic at the top of Yonkers. So, we'll try to stay ahead of the curve a little bit and I think this will accomplish that. MR. GRIFFIN: Yonkers Avenue is. acres. We have an appraisal on it for $00,000. Before you is a SEQRA resolution to recommend a negative declaration. There's also attached a copy of the transcript from the hearing and a copy of the appraisal. We can have a motion for the SEQRA. MAYOR SPANO: We are going to take the SEQRA first. DIAMOND REPORTING () -
0 0 Item, does anyone want to make a motion? Cecile and second by Pete. All in favor? (Chorus of Ayes.) MAYOR SPANO: Any negatives? The item is passed. MR. GRIFFIN: In your minutes next month we'll show that's reflected that each time you did SEQRA first. That's why we have the formal minutes next month for you to review. The second item is the determination just like the other property you are trying to decide that first big step. You've done the public hearing. You've heard comments. The property owner materialized. He said he had some kind concept for retail there. I've heard that through Venarusso. We haven't heard much further than that. Our current appraisal is about $00,000 on the property. The vacant DIAMOND REPORTING () -
0 0 lot it's not used too much at all at this point. So, again, we are acquiring it. We are going to try to figure out on our own what we're going to do with it from the City's perspective, but it's currently unutilized lots just like the other one. So, we'd like to have you determine to go ahead and take that property or authorize us to proceed with the taking. Again, that then is the preparatory step. They are going to have to sue us on the process. If they don't sue us on process, we go to Court and ask for a map to be approved by a Judge. The Judge approves the map. That's the actual taking. At that point I will offer the appraised amount. We have a funding agreement from the City for five million. Between now and then we may come up with a development DIAMOND REPORTING () -
0 0 plan to have the private parties to participate just like Forest City. So, that will all be done at a later date. MS. SINGER: In this kind of situation so it's a vacant lot so that the owner can say highest and best use of that property. So, do they go to highest and best use? I mean, how does that work? MR. GRIFFIN: It's a good question. It's got a lot of rhetoric around it. Because the state, the condemning body of Empire State Development and they have their own statutes. That's really been modified over time for a lot of different reasons. You also saw that Connecticut case a little few years ago, can a taking body take a piece of land from one private party and give it to another. And even the Supreme Court said yes, as long as you follow due DIAMOND REPORTING () -
0 0 process. That's the constitutional issue. Here the due process is we told you about it, you came and made a comment at the hearing so you get the first challenge as on due process. You don't do it at the Supreme Court level. You do it at the Appellate Division. That's an Article action and when that's all done you have the taking map and the only thing left to do is hand you money for our appraisal and if you want to sue us for more money, you got a couple of years to do that. That's the due process. If we stay on that path, these takings normally go quite smooth. MR. KISCHAK: What was that vacant lot before? MR. GRIFFIN: I'm not sure. It's been vacant the entire time I've worked for you guys since. MAYOR SPANO: I thought it was DIAMOND REPORTING () -
0 0 I guess parking for the funeral home that's across the street. MR. GRIFFIN: And then the funeral home moved. MAYOR SPANO: Duchynski, something like that. MR. GRIFFIN: The one that moved. They put a moved sign up. I think that's what it was. MAYOR SPANO: Obviously it just stays vacant. MR. GRIFFIN: I've been here since '. MR. KISCHAK: Are they paying taxes on it? MR. GRIFFIN: Yes. They pay taxes. We think we need it either for the road discussion, parking discussion or temporary discussion. MR. KISCHAK: So, we used the school buses to pick up kids. MAYOR SPANO: We took all of the school buses that were picking up kids up the ramp, and when I say the DIAMOND REPORTING () -
0 0 ramp, it's Yonkers Avenue. We had about 00 kids picked up at that location. We did some improvements to the road behind and actually had buses rolling into Nodine park and that's where they picked up the kids. We took all those buses off of Yonkers Avenue. That is really significant. It had a great impact, a positive impact on Yonkers Avenue, but we have a lot more to do to get the buses off of Yonkers Avenue. That's the ballpark kids coming from that location, not just. So, we pushed everyone up Nodine into the park and the parents. It's one of those things that everybody was happy. The parents were thrilled with it. We want to see if we can do more of that moving forward and at the end of the day it might end up being that or it might be another place to just park cars so we can get cars off of Yonkers Avenue. We have DIAMOND REPORTING () -
0 0 a lot to look at at traffic. MR. GRIFFIN: With all the activity that this agency induces down through that corridor, we know that's a critical issue. We've been talking about it. So, this one you got a clear public purpose to acquire and figure out what we are going to. We know we are going to need it for some public purpose or maybe even a private purpose. So, with that we recommend a determination of finding of that parcel and that's the second resolution. MAYOR SPANO: That's Item. Are there any other questions? MS. KIMBALL: I'll make a motion. MAYOR SPANO: Wilson made a motion. Second by Cecile. All in favor? (Chorus of Ayes.) DIAMOND REPORTING () -
0 0 0 MAYOR SPANO: Any negatives? Okay. Let's go on to Item. MR. GRIFFIN: The last parcel is a single parcel, Babcock Place. This is. acres. This one is probably the most interesting of all the parcels. It's the notch that we've talked about on Alexander Street. This is probably the late '0s. A quick bit of history is the property is where there is supposed to be a bus maintenance shed, long term, just maintenance and storage and parking for the evening. It's gotten to be a real traffic concern for us. It's also we've worked -- I've been with three administrations with meetings with MTA trying to get them to sit with us. This was the first one to really, really bring it to a head. We talked about this option. City Council if you remember a couple DIAMOND REPORTING () - 0
0 0 of years ago even passed a resolution the last time we talked about it. It kind of got out ahead of us and then it flared out. The property is owned by New York City. Normally you can't condemn another body that has a public purpose. So, what we are looking at is asking you to make a determination to take all ownership rights. So, the fee title, that's owned by the City and they lease to MTA. They subsidize to MTA. So, it's an interesting lease. That lease, Mike Curti has a copy of that. We are looking at -- We want the board to make a determination to take everything them out of there. We may come back and talk to you about modifying that and leaving the lease holders state to the MTA if we can work something out with MTA. They should not be up on our property especially it being waterfront DIAMOND REPORTING () -
property. There's been talk for years of straightening out that road. Lou Kurvin actually when he was around had a plan that went right through the middle that's been modified. It still kind of hooks around to the west of it. 0 MS. KIMBALL: Actually it goes straight through the property. MR. GRIFFIN: It depends on if we can get rid of the MTA, actual drill down operations. It's supposed to just be maintenance. It's not supposed to be parking. They call it a maintenance garage. It's not supposed to be where they park all the buses. 0 MAYOR SPANO: Maintain a hundred at a time MR. GRIFFIN: Well, the Deputy Mayor hosted a meeting with New York City. We've been in direct contact with them. We got a lot of the same feedback we've had before. It's DIAMOND REPORTING () - basically they're too busy with a lot
0 0 of other things to get to something like this. So, even when we get a meeting, it's not very productive. There were at least a dozen representatives from New York City and the MTA. The Mayor is asking for this information. Why can't we never get it from them. This is what we are left with. Take it, clear it out. That road is going to rise significantly in the new plan. MS. KIMBALL: Up nine feet. MR. GRIFFIN: Up nine feet. They are currently coming off their property. It's not a proper spot for them. It never has been. This is all developed -- somebody on the board -- MS. SINGER: It impairs development. MR. GRIFFIN: Correct. MS. SINGER: It really does. MAYOR SPANO: It's all waterfront for the sole benefit of New York DIAMOND REPORTING () -
0 0 City. There's no benefit whatsoever to Yonkers' residents. MS. SINGER: We have this. It's right like this. MR. GRIFFIN: This effectively is the north end of the line for these buses and they are picking up a few Yonkers' residents. It's really going through the rest of the city. MS. SINGER: So, really -- MAYOR SPANO: I don't think they pick up anybody. MS. SINGER: It closes off development there. What it does is it caps it so you can't go forward and also because of what's housed there, it's undesirable. MAYOR SPANO: Plus they don't pay us one penny in property taxes. MR. GRIFFIN: Correct. You've got Avalon going on down there. You've got other development going on there. We need to get this out of the way. DIAMOND REPORTING () -
MAYOR SPANO: I've spoke to the Mayor of New York City about this. He told me that it's something that they take very seriously. They want to resolve the matter. I told him that they are asking for ransom for it of $ million dollars. It's not going to happen. They have 0 to grant them and take that structure off the Yonkers waterfront and put it where it belongs, and the people who benefit from it should have it. The people of Yonkers who are basically just taking, getting all the bad without any of the good. It certainly does block our new development plans from going any further north. It has to go if we 0 want development to continue. MS. SINGER: It's such a visible barrier to going forward. MR. GRIFFIN: True. MS. SINGER: We can certainly argue that. MR. GRIFFIN: Just to be clear. DIAMOND REPORTING () - There is a parcel owned by New York
0 0 City and then right next to the railroad tracks there's a parcel owned by CSX. We did a hearing on that and we haven't done a second one. We are not required to do a second one. If we don't act with 0 days -- so, we may still do a hearing. If we take this parcel, that is start the discussion because CSX has been leasing that other parcel to New York for bus parking and employee parking. It's really not a proper size parcel form given the density of buses they have. We've asked them very nicely. I think it was 000, whenever the Bloomberg administration decided to acquire all the Liberty Bus Lines. I think it was 000, 00 range and this was the first one they bought really fast. They bought it for $0 million or $0. million or something like that. They were buying a DIAMOND REPORTING () -
0 0 business. You may even recall a time we went down and tried to work out an option from them, maybe we could help them find a spot and they still wanted us to pay the $0 million. Well, more recently they wanted us to pay 0 something million dollars. MAYOR SPANO: We've gotten less and less. We've gotten nowhere with them. I mean Ron Shemesh had Chuck Schumer up to Yonkers. We still -- you know, it was just an echo out of New York City. We heard nothing until we did this. We decided we were going to condemn it and all of a sudden they decided they were going to pay attention to us. MR. KISCHAK: If you think about the shortcomings of the MTA and what it costs them to drive a bus,, 0 minutes each direction plus pay a bus driver, he's working but he's not picking up people. DIAMOND REPORTING () -
0 0 MR. GRIFFIN: Good point. MR. KISCHAK: And wear and tear on the buses and wear and tear on the streets and no taxes. You would think that they would jump on the idea that the buses would be close to where the destination where they are going to pick up people. MAYOR SPANO: Where are they going to find space to put a hundred buses -- about storing those buses up here and not storing them down in the ridership. That should not be a burden placed on taxpayer dollars. MS. SINGER: Find something for them. MR. GRIFFIN: We offered. MR. KISCHAK: Van Cortlandt Park. MR. GRIFFIN: We offered to break them up into different parcels. MAYOR SPANO: They are looking for a ransom and that's just unacceptable. That's why this DIAMOND REPORTING () -
approach works. If we win this, then we control the property and we can build and negotiate with them. MS. SINGER: (Inaudible.) MR. GRIFFIN: Right. This is serious stuff, but the SEQRA again is before you filled out by your counsel. We don't see a lot of 0 impact on sight, sound, smell, height, view, except when you're dealing with just to acquire. No one is going to figure out what to do with the parcel later. We've got a lot of ideas about the road once they are gone or if maintenance is still there. MS. SINGER: This one is a big deal because we really -- It impairs 0 our ability. It impairs our development ability. It impairs the citizens' access to the waterfront. You know, there's a whole list. So, it's an interesting one. MR. GRIFFIN: We've got at DIAMOND REPORTING () -
0 0 0 least a year history to try to work this out with the City of New York. This Mayor is saying take a line from the TV show, move the bus, move the bus so we can open up until the rest of the development is ready to go. MAYOR SPANO: Paying taxes, didn't have loop hole. Law says (inaudible). We probably would have recovered in the ten years -- MR. GRIFFIN: Up to billions. MAYOR SPANO: I don't remember the exact number, but I think I heard that something like $ million in total. So, it's you know, that's a big chunk of money for us. MR. GRIFFIN: I draw your attention -- on this particular one we have an appraisal of $,0,000. Again this is a preliminary number. We don't really need it today. We'll freshen it up once it's time to do the taking. DIAMOND REPORTING () - 0
0 0 We expect there will be a suit. Pauline will take it from here after today. After they take it into Court, she'll take it into Court like she did with New Main Street. MR. KISCHAK: Pauline is going to be busy. MAYOR SPANO: (Inaudible.) MR. KISCHAK: So, we're going on the SEQRA here, right? MAYOR SPANO: Yes. So, Cecile made a motion. Second by Pete. All in favor? (Chorus of Ayes.) MAYOR SPANO: The item is passed. Any negatives? Let's go on to 0. MR. GRIFFIN: Then the final action is the determination and the taking of the property itself. This again just like the other one. This is where you decide. We've had the hearing. We thought about SEQRA. So, that's behind us. It's a similar DIAMOND REPORTING () -
0 0 process like EDPL. You're saying go ahead and go take this property. That would be up to staff and your counsel to do. Again our role fades. Pauline really takes front stage with the two types of litigation; the one Article process and then I think Article challenges the valuation. That will be ongoing. We expect to be back here. If they do an Article challenge probably in the spring and by the time we get a decision in the summer and then do the actual taking, then the valuation can occur any time years after that. MAYOR SPANO: Any questions? Cecile made a motion. Second by Pete. All in favor? (Chorus of Ayes.) MAYOR SPANO: Any negatives? The item is passed. Let's go up to -- There's no legal updates. Is there any other DIAMOND REPORTING () -
0 0 business? MR. GRIFFIN: We are going to reflect in the minutes with a former resolution that the City has offered but they are going to get City Council approval on that, a funding agreement. The funding agreement will be shown in your minutes that you review next month to say that it's been offered. The Corp. Counsel drafted it. It's very similar to what we've used for other funding agreements and it basically says that we incurred costs as part the taking. They had to do a budgetary line up to $ million. Mike Curti is handling the final approvals on that. So, we are relying on that plus our own resources plus any resources we've identified in private development, and we don't have an obligation to write a check until later, after we get through this Article process. DIAMOND REPORTING () -
0 0 We'll be back to talk to you in the spring about that. Thank you. MS. MCGILL: No business. MAYOR SPANO: Anyone make a motion to adjourn? Pete, second by Wilson. All in favor? (Chorus of Ayes.) MAYOR SPANO: No negatives. Thank you. We are adjourned. (Whereupon, the proceedings concluded at : A.M.) DIAMOND REPORTING () -
0 0 C E R T I F I C A T E STATE OF NEW YORK ) : SS.: COUNTY OF PUTNAM ) I, MADELINE IOVINO, a Notary Public for and within the State of New York, do hereby certify: That the above is a correct transcription of my stenographic notes. I further certify that I am not related to any of the parties to this action by blood or by marriage and that I am in no way interested in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this 0th day of December 0. MADELINE IOVINO DIAMOND REPORTING () -
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