AUDIO: Kingston Common Council Finance Committee hosts Public Hearing on Transfer of Lands to KLDC for Kingstonian Project

At last evening’s public hearing, dozens of community members provided testimony in front of the Kingston Common Council’s Finance and Audit Committee to support or to question the transfer of 21 N. Front Street, a publicly owned parcel, to the Kingston Local Development Corporation (KLDC) by the City of Kingston Common Council. The transfer request was made by Mayor Steve Noble in order to provide the public parcel (assessed at $724,000. Its true value would be higher and is not yet publicaly known) to the developers in exchange for “public benefits” that include a couple of public bathrooms (it is believed that they will be located on the other side of Schwenk Drive at Herzog Plaza, owned by one of the developers). Although it is true that the community was aware of the council’s role in selling or leasing lands that would include 21 North Front Street and Fair Street Extension, the KLDC was not included as an involved agency in the developers Environmental Assessment Form. READ: Finance Committee Discusses Transfer of 21 N. Front Street to Kingston Local Development Corporation (KLDC) on February 10

Not lost on us, was that although some of the council members names were rattled off at the start of the meeting as being present, all but one chose to be on camera to assure the public that they were attentive and taking the matter seriously. Davis, Hirsch and Schabot, all Democrats, are running for reelection in the fall of 2021.

Here are several highlights:

“We can’t close a street to make uptown more congested than it already is…we the people have invested millions of dollars in this project. Please be our voice. Please take a seat at the table and guide this project to serve both the private developers and the citizens for we are very much investors in this project.” – Lee Kalish, Kingston resident

“In the Mayor’s letter to President Andrea Shaut, the property (21 N. Front Street) is described as a” burden” for the city….Under what criteria does this property become determined as a burden, and does the council agree?”
– Pat Courtney Strong, Kingston resident and member of the KLDC

“I want to express my concern of the lack of understanding of this process by the general public and the lack of transparency on behalf of the City of Kingston….If the city were not to transfer 21 N. Front Street to the KLDC, what rules and regulations would it need to abide by to sell the property. What public process would there be? I’m concerned that we may by taking on the property obscure that vital process of civic engagement.”
– Miles Crettien, Kingston resident, business owner and member of the KLDC

“I live on Franklin Street where last year, the house across the street sold for $150k. This year, it sold for $550k. We are watching massive displacement, there are families living in hotels. This is not the time that we need to invest more money in a private developer… I thought this was a progressive common council. You have all talked about wanting to represent your community. What I have seen is your support of developers. I hope this vote is the chance for you to show that you support all Kingston Citizens.”
– Ilana Berger, Kingston resident

“I think the transfer might violate the RFQ…it states that no city official shall have any personal interest, and Brad Jordan (Kingstonian Developer) sits on the Police Commission and he was on the KLDC for all of these years until he resigned only last month..the way this process has been managed reeks of impropriety, appearance and in fact.”
– Ilona Ross, Kingston/Olivebridge

The developer’s public relations team initiated a new form letter that was included in the public hearing packet (that is available on the City of Kingston’s website). It’s expected that council members will receive dozens more. More highlights:

The Bruderhof community:

The Jordan Family:

Scott Dutton/Architecture:

The City of Kingston’s Finance Committee will hold a special Finance Committee meeting on Monday, March 1 at 6:30pm (although the city calendar also says 6:00pm) where council members are expected to vote on the transfer of 21 North Front Street. Although there will not be public comment, you can call in to the number below, or stream live at the City of Kingston’s YOUTUBE channel.

Topic: SPECIAL FINANCE/AUDIT COMMITTEE MEETING
Time: Mar 1, 2021 06:30 PM 

Dial by your location
        +1 646 558 8656 
Meeting ID: 875 3817 4793
Passcode: 43255357

Public Hearing to transfer city property to Kingston Land Development Corporation for Kingstonian developers on February 25.

WHAT
A public hearing on a transfer of city-owned property that is currently used as a municipal parking lot at 21 N. Front Street to the Kingstonian Local Development Corporation (KLDC)

WHERE
Call: 646/558-8656
Meeting ID: 832 7922 5917
Passcode: 01295278
Watch live on the City of Kingston’s YouTube channel

Anyone wishing to speak or to submit a written comment can email City Clerk Elisa Tinti at emtinti@kingston-ny.gov (by 3pm on 2/25)

WHEN
Thursday, February 25th at 6:30pm

WHY
The Mayor of Kingston has requested that the Kingston Common Council transfer a city owned property to the Kingston Local Development Corporation to give to the Kingstonian project developers for their luxury housing and boutique hotel project in Uptown, Kingston.

The Kingston Common Council’s Finance Committee will hold a public hearing on Thursday, February 25 at 6:30pm regarding a proposed transfer of city-owned property that is currently being used as a municipal parking lot and public park at 21 N. Front Street to the Kingston Local Development Corp (KLDC). The transfer would allow the KLDC to facilitate the property’s use as part of the Kingstonian, a proposed luxury housing and boutique hotel project in Kingston’s historic stockade district in Uptown, Kingston. 

The public can provide testimony for the record that evening as to whether or not they have concerns about the city transferring a piece of public land currently being used for a municipal parking lot and public park to a luxury developer who has already secured tens of millions of dollars of public subsidies. It is unclear whether or not the city intends to sell the parcel or to provide it to the developers for free. Following the public hearing, the Finance Committee will vote during a special Finance Committee meeting on Monday, March 1st at 6:30pm prior to the council’s caucus at 7:00pm. It will likely move out of committee and onto the floor for a full council vote the following day on Tuesday, March 2 at 7:00pm

Thanks to a LETTER submitted by Victoria Polidoro on February 10, the attorney representing several Uptown Kingston building owners, please consider the following concerns in your testimony that she identified:

1. The 21 N. Front Street property is currently used as both a public parking lot and public park. In order for the City to transfer the parcel to the Kingston Local Development Corporation (KLDC), it must first find that the property is not needed for its current public purpose.

2. Regardless, as it pertains to the public park, Not-for-Profit Corporation Law prohibits the City from conveying any land that is “inalienable as a forest preserve or a parkland.” The issue of whether the Park constitutes inalienable parkland is currently pending before the Ulster County Supreme Court and any action to convey the Property before this issue is decided would open the City to further legal action.

3. It is apparent that the City is seeking to convey the Property to the KLDC in order to do what it is otherwise prohibited from doing, conveying a city-owned parking lot to a private developer for free. The City must fulfill its obligations to its taxpayers and negotiate a fair price for the Property. In doing so it would require, at minimum, an appraisal of the fair market value of the Property. The City has assessed the Property at $724,000 and its fair market value is likely significantly higher since the pandemic has caused Ulster County to have the fastest rising property values in the Country.

4. Given that the Project will actually reduce publicly available parking and frustrate the Property’s public purposes, the City cannot justifiably claim that the conveyance of the Property will be paid back in the form of public benefits. Moreover, any alleged public benefits have already been presented by the developers as the basis for grants and PILOTs worth tens of millions of dollars and zoning amendments custom-tailored to allow the Kingstonian. 

If permitted, this conveyance would result in the elimination of an existing public parking lot and the construction of an inadequate replacement of those parking spaces in the form of a private parking garage. After everything the City and its residents have given and will give up to indulge the Kingstonian, the City must ensure that it receives fair compensation before handing over City-owned, publicly-utilized Property to private developers.

Next up. The closure of Fair Street Extension in Uptown Kingston for the Kingstonian project will be next on the Kingston Common Council’s list of giveaways. According to city code Chapter 355 Streets and Sidewalks, in Article XIII Procedures for Disposing of Certain Streets unlike the municipal parking lot being transferred to the KLDC, the council will need to approve the “sale” of the street. That is, unless the Mayor and his lawyers find a clever way to work around the language in the code. There has never been a more willing council.

RESOURCES

VIEW “Finance Committee Discusses Transfer of 21 N. Front Street to Kingston Local Development Corporation (KLDC) on February 10” (KingstonCitizens.org)

Finance Committee Discusses Transfer of 21 N. Front Street to Kingston Local Development Corporation (KLDC) on February 10

The Kingstonian Developer’s Environmental Assessment Form (EAF)

With the approval of the Kingstonian project’s unprecedented 25-year PILOT, the remaining governmental approvals for the development will be initiated. On Friday, January 29th, the Mayor of Kingston submitted the first of those with a communication from his office to the Common Council President requesting the “transfer of 21 N. Front Street to the Kingston Local Development Corporation (KLDC)” be assigned to the appropriate council committee. It is one of a two part decision making process required by the Kingston Common Council for a parking garage to accommodate the Kingstonian project’s luxury apartments and boutique hotel. Step one, the sale or lease of land and step two, the closing of Fair Street Extension (see image above).

Given the speed in which these decisions are made once communications are submitted, we encouraged the public to turn out at their first opportunity to speak during the full council meeting on February 2. Thanks to community members who spoke on record or submitted comments to urge the council not to close a public street for this project. The testimony was informative and important for the council to hear prior to their committee discussions during which time there are not public comment opportunities.

At the February 2 council meeting, the public learned from the agenda packet that the land transfer had been assigned to the council’s Finance Committee on Wednesday, February 10 at 6:30pm. The five members of the common council who serve on the finance committee include Ward 5 Alderman Don Tallerman, Ward 7 Alderman Tony Davis, Ward 9 Alderwoman Michelle Hirsch, Ward 8 Alderman Steve Schabot and Ward 3 Alderman (and majority leader) Rennie Scott Childress is chair.

Once the city property is transferred, the council will move forward with a decision to close Fair Street Extension. Although the assessed value of 21 N. Front Street is known to be $724,000, the value of Fair Street Extension remains unknown.

As there isn’t a public comment opportunity during the council’s finance committee meeting, the public may watch and listen to the discussion starting at 6:30pm on 2/10 by visiting the City of Kingston’s YouTube channel.