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From YouTube: Binghamton Plaza Eminent Domain Hearing
Description
CONTENTS
0:02:00 Introduction
0:05:55 Mayor's Statements
0:32:35 Public Statement — Borgna
0:37:25 Public Statement — McNamara
0:57:15 Public Statement — Thomas
1:00:00 Public Statement — Harris
1:02:15 Public Statement — Paulcasiuk
1:05:10 Public Statement — Harris
A
But
Folks
by
my
clock,
it's
now
two
o'clock
201,
my
name
is
Brian.
Secrist
and
I
have
been
designated
as
the
here
public
hearing
officer
in
connection
with
this
Paul
public
hearing
being
conducted
by
the
city
of
Binghamton,
which,
from
rest
of
my
comments,
I'll
be
referred
to
as
the
city
and
in
accordance
with
the
New
York
eminent
domain
procedure,
law
which
I'll
be
referring
to
as
the
edpl.
A
We
are
here
today
on
the
21st
day
of
February
2023
at
2
p.m.
In
the
city
council
chambers,
located
at
38,
Hawley
Street
City
in
the
city
of
Binghamton
to
open
and
conduct
a
public
hearing
concerning
the
proposed
acquisition,
as
that
term,
is
defined
under
the
edpl
and
used
during
this
public
hearing
by
the
city
of
all
or
a
portion
of
certain
real
property.
A
Again,
as
that
is
defined
under
the
egpl
and
used
it
in
this
public
hearing
comprising
five
tax
parcels
and
approximately
24.21
acres,
plus
or
minus
collectively
in
connection
with
the
proposed
public
project,
as
that
term
is
defined
under
the
eptl
as
all
as
outlined.
During
this
public
hearing,
this
public
hearing
is
being
conducted
pursuant
to
the
eminent
procedure
law
in
order
to
inform
the
public
and
to
review
the
public
use
to
be
served
by
the
public
project
and
the
impact
on
the
environment
and
residents
of
the
locality
near
the
public
project.
A
In
accordance
with
the
eminental
domain
procedure,
law
notice
of
this
public
hearing
was
duly
published
in
the
presence
on
bulletin
on
February
6th,
7th,
8th,
9th
and
10th
2023,
as
required
by
the
domain
procedure
law.
Such
notice
is
hereby
submitted
or
has
been
submitted
to
the
stenographer
and
is
entered
into
the
record
of
this
public
hearing,
as
exhibit
a
any
person
in
attendance
at
this
public
hearing
will
be
given
a
reasonable
opportunity
to
present
oral
or
written
statements
and
to
submit
other
documents
concerning
the
public
project.
A
Such
written
statements
and
or
other
documents
will
be
part
of
the
public
record
of
this
hearing
comments
received
after
the
close
of
this
public
hearing
will
not
be
considered.
I
would
also
like
to
inform
everyone
that
this
is
a
public
hearing.
It
is
not
a
question
and
answer
session.
It
is
instead
an
opportunity
for
you
to
present
your
views
to
the
city,
so
they
may
be
considered
by
the
city
when
it
makes
its
determination
and
findings
as
required
by
the
domain
procedure
law.
A
During
normal
business
hours
at
the
city,
clerk's
office
and
the
Binghamton
County
clerk's
office
and
copies
of
such
record
will
be
reproduced
upon
written
requests
to
the
city
and
payment
of
the
cost
thereof.
Written
requests
for
such
records
shall
be
addressed
to
the
city
of
Binghamton
in
care
of
Mayor
Jared
M,
cram
38,
Hawley,
Street,
Binghamton,
New,
York
13901.
A
Also,
a
copies
of
the
map
outlining
the
proposed
location
of
the
public
project
and
a
description
of
the
property
subject
to
condemnation
are
available
at
the
sign-in
table
in
the
back
and
also
copies
of
other
exhibits
referencing.
This
public
hearing
are
also
available
at
that
sign-in
table.
I
will
now
allow
a
representative
of
the
city
to
continue
with
the
public
hearing.
B
144.74-1-8,
approximately
0.07
acres
and
upon
which
is
located,
among
other
things,
an
existing
and
predominantly
vacant
multi-tenant
retail
shopping
center
with
a
mixed-use
office
building
the
strip
Plaza
along
with
three
out
Parcels,
collectively,
the
out
Parcels,
one
of
which
is
vacant.
The
strip
Plaza
and
the
out
Parcels
are
collectively
referred
to
during
this
public
hearing.
B
The
Binghamton
Plaza
has
certainly
seen
better
and
brighter
days.
The
plaza
was
once
a
major
economic
contributor
to
the
city
and
an
asset
to
the
North
Side
Community
over
the
years
anchor
tenants,
such
as
a
Grand
Union
grocery
store
movie
theater
and
a
Kmart
made
for
a
vibrant
shopping
center
and
a
proud
namesake
Plaza
of
the
city
of
Binghamton.
B
Unfortunately,
that
is
no
longer
the
case.
Such
an
anchor
tenant
space,
along
with
most
of
the
remaining
space
at
the
plaza,
has
become
and
remain
vacant
for
decades.
The
condition
of
the
Binghamton
Plaza
has
deteriorated
in
a
downward
spiral.
Who's
no
with
no
action
or
reinvestment
from
the
owner
years
of
neglect
have
resulted
in
the
Plaza's
current
state
of
disrepair,
an
increasingly
unattractive
facade,
surface
parking
lot,
riddled
with
potholes
and
caving
and
pavement
a
leaking
roof
vacant
storefronts
and
an
inability
to
attract
quality
tenants,
including
an
anchor
tenant
for
more
than
20
years.
B
B
The
plaza
has
approximately
285
068
square
feet
of
rentable
space,
of
which
approximately
256
082
square
feet
is
vacant
and
listed
to
be
rented
at
eight
dollars
per
square
foot
per
year.
Such
information
was
obtained
from
the
Plaza's
listing
on
loopnet.com,
created
on
June,
4th,
2020
and
last
updated
on
January
5th
2023
and
a
copy
of
which
has
been
submitted
and
entered
entered
into.
The
record
of
this
public
hearing,
as
exhibit
B
such
lack
of
tenants,
amounts
to
an
astonishing
89.8
percent
vacancy
rate.
B
Given
such
an
alarming
vacancy
rank,
one
would
expect
the
owner
to
list
the
Plaza's
expansive
available
space
for
lease
on
the
website
of
the
owner's
affiliate
and
or
management
company.
The
leasi
group
collectively
referred
to
during
this
public
hearing
as
Khaleesi,
where
such
information
is
also
available
regarding
their
other
properties.
However,
no
such
information
regarding
this
Plaza
is
available
on
Galaxy's
website
under
available
properties,
page
at
www.galese.com
property
retail,
a
copy
of
which
has
been
submitted
to
the
public
record
as
Exhibit
C.
Surprisingly,
it
does
not
appear.
B
There
is
any
mention
whatsoever
at
all
of
the
Binghamton
Plaza
on
Khaleesi's
website,
which
would
seem
to
contradict
any
notion
that
the
owner
and
or
galisi
is
interested
in
reinvesting
in
redeveloping
and
or
actively
seeking
to
increase
the
occupancy
at
the
Binghamton
Plaza.
Moreover,
since
2014
the
Binghamton
Plaza
has
been
subject
to
a
Brownfield
cleanup
agreement
index
number.
B
B7-0702-05-08
under
the
New
York
State
Department
of
Environmental
conservation's
Brownfield,
cleanup
program
referred
to
during
this
public
hearing
as
BCP,
making
very
lucrative
tax
credits
available
to
the
owner
and
further
incentivizing
them
to
redevelop
the
plaza,
and
yet
the
owner
has
failed
to
seize
upon
the
highly
sought
after
BCP
tax
credits
available
to
them.
Such
lack
of
interest
and
or
investment.
B
For
example,
the
website,
under
the
quote
real
estate
development
page
on
galicia's
website,
again
a
copy
of
which
has
been
submitted
into
the
record
of
this
public
hearing,
as
exhibit
e
states.
That
galaxy
has
nearly
50
of
experience
and
in
managing
some
of
the
highest
profile
development
projects
in
New.
York
state
and
that
Khaleesi
quote,
owns
and
manages
a
diverse,
real
estate
portfolio
in
excess
of
over
11
million
square
feet.
B
Without
a
doubt,
it
is
clear
that
the
owner
and
or
Galaxy
have
a
wealth
of
knowledge
and
experience
in
redeveloping
properties
and
a
track
record
of
seizing
upon
and
utilizing
Financial
incentives
and
opportunities,
such
as
the
BCP
tax
credits
to
assist
in
Redevelopment
projects
and
yet
for
over
20
years.
No
such
effort
or
actions
have
occurred
with
respect
to
Binghamton
Plaza
since
2014
the
area
surrounding
the
Binghamton
Plaza
has
seen
significant
public
and
private
investment,
including
a
new
grocery
store
and
Housing
Development
Across
The
Street.
B
B
Other
citations
were
issued
at
the
same
time
under
the
city's
ordinance
for
roofs
and
drainage,
interior
structures
and
light
ventilation,
electricity
and
heat.
The
plaza
was
condemned
for
a
period
of
time
for
major
water
leaks.
In
addition,
Drone
footage
captured
during
an
inspection
by
the
city
last
year
shows
the
deteriorating
condition
of
the
building,
particularly
the
roof,
which
has
several
large
holes.
Such
Drone
footage
and
pictures
are
available
at
the
website.
Address
listed
on,
exhibit
F
and
are
incorporated
into
this
public
hearing
record
by
reference.
B
To
date,
no
permits
have
been
issued
to
the
property
owner
for
repairs
to
the
roof,
since
the
photos
were
taken,
leaving
the
city
to
assume
no
repairs
have
been
made
from
the
Vantage
of
the
point
of
the
city's
Parks
and
Recreation
Department.
The
plaza
has
for
years
negatively
affected
public
access
to
two
key
public
spaces:
Sherry
Yang
Lindsay,
Memorial
Park
referenced
during
this
public
hearing
as
the
Sherry
Lindsay
Park
and
the
Two
Rivers
Greenway
Trail
Chenango
Promenade
segment
system
referred
to
during
this
public
hearing.
B
As
the
Riverwalk,
the
plaza
is
located
adjacent
to
Sherry
Lindsey
Park,
a
primary
Park
in
Green
Space
serving
the
north
side,
which
is
home
to
some
of
binghamton's
poorest
neighborhoods
Beyond
local
residents.
Sherry
Lindsay
Park
is
a
popular
Regional
attraction
with
a
skate
park,
dog
park,
swimming
pool,
basketball,
courts,
ice
rink,
ball
field
and
playground.
The
Sherry
Lindsay
Park
also
hosts
the
city
summer,
fun
program
a
free
summer
day,
camp
for
Binghamton,
youth,
the
Binghamton
Little
League,
Binghamton,
softball,
a
city,
youth,
Swim,
Team,
National,
Night,
Out
and
other
special
events.
B
The
Riverwalk,
a
paved
pedestrian
and
bike
trail
that
connects
the
north
side
to
downtown
Binghamton
is
used
by
all
people
of
all
ages
for
exercise,
Recreation
and
Transit,
the
Plaza's
dilapidated
condition,
which
is
visible
to
those
accessing
either
the
Sherry
Lindsay
park
or
the
Riverwalk.
In
addition
to
the
ongoing
public
safety
issues
associated
with
the
plaza
deter
residents
from
using
both
spaces
and
further
negatively
impact
them
and
the
Public's
ability
to
enjoy
them
as
intended.
This
disproportionately
affects
the
thousands
of
low-income
residents
who
live
on
the
North
side
near
these
public
spaces.
B
The
wide-ranging
benefits
of
access
to
parks
and
public
spaces
has
been
well
documented
across
disciplines
with
links
to
improved
outcomes
in
public
health,
Public
Safety
use
success
rates,
quality
of
life
and
more
a
2018
scholarly
article
in
the
German
Journal
of
Urban
Health
reports
quote
as
a
public.
Good
neighborhood
parks
may
be
a
particular
valuable
resource
for
socio-economically
disadvantaged
individuals,
who
may
not
have
the
financial
resources
to
exercise
at
a
private
gym
or
fee-based
Recreation
Center.
B
Current
State
of
Binghamton
Plaza
impacts
on
the
ability
of
the
north
side
of
Binghamton
to
take
advantage
of
the
economic
development
potential
being
capitalized
on
in
other
areas
of
the
city,
based
on
an
analysis
from
placer.ai,
an
industry
leader
in
accurate,
reliable
location,
analytics
the
demographics
of
potential
patrons
who
drive
by
the
site
would
be
best
matched
to
a
clothing
store
or
grocery
store,
one
of
the
owners,
stewardship
and
tenure.
These
very
types
of
tenants
have
been
unable
to
survive.
The
Grand
Union
grocery
store
closed
in
1996
and
Kmart
Grocery
and
clothing
closed
in
2016..
B
In
the
Fashion,
Bug
clothing
store
closed
within
the
last
10
years.
This
is
a
concern
to
the
Department
of
Economic
Development
who
work
to
match
businesses
with
locations
where
they
can
find
success.
The
poor
track
record
of
being
able
to
retain
the
exact
types
of
stores
best
suited
to
the
customer
base
who
frequently
passes
the
site.
The
owner
has
demonstrated
that
they
are
not
suited
to
owning
and
managing
an
important
shopping
plaza
in
our
community.
B
Indeed,
there
has
been
a
decrease
in
the
value
of
the
three
main
properties,
making
up
the
plaza
31
33
and
37
West
State
Street,
specifically
through
the
settlement
of
tax
cert
matters.
The
such
three
Parcels
saw
decreases
in
their
combined
fair
market
values,
FMV
for
2017
and
2018
of
2.65
million
dollars,
going
from
an
original
combined,
fair
market
value
of
3
million,
five
hundred
and
forty
seven
thousand
two
hundred
and
seventy
three
dollars
down
to
an
agreed-upon
fair
market
value
of
892
857
dollars.
B
184
210
is
important
to
note
that
from
2017
to
2022,
the
total
agreed
upon
combined
fair
market
value
of
such
three
partials
decreased
two
million
three
hundred
and
sixty
three
thousand
sixty
three
dollars
from
three
million
five
hundred
and
forty
seven
thousand
two
hundred
and
seventy
three
dollars
to
one
million.
One
hundred
and
eighty
four
dollar
thousand
two
hundred
and
ten
dollars
in
July
of
two
thousand
nineteen.
The
owner
represented
that
the
plaza
held
a
zero
dollar
value
for
over
20
years.
B
The
owner
has
had
ample
opportunity
to
redevelop
and
repurpose
the
underutilized
and
predominantly
vacant
Binghamton
Plaza,
and
any
suggestion
that
the
owner
will
start
now
is
arguably
more
than
a
stretch,
the
imagination
and
wishful
thinking.
The
residents
and
businesses
of
the
city,
especially
those
on
the
North
side,
deserve
better.
B
The
time
for
action
has
been
long
overdue
to
the
long-standing
vacancies
and
derelict
condition
resulting
adverse
effects
in
its
sheer
footprint
within
the
city
and
proximity
to
the
Shenango
River
open,
Green,
Park
space,
the
city
feels
the
predominantly
vacant
and
underutilized
Binghamton
Plaza
is
ripe
for
repurposing
for
other
allowable
uses.
Time
has
come
to
turn
this
neglected
asset
into
a
community
opportunity.
B
The
public
project
collectively
would
also
complement
and
Advance
as
appropriate
and
the
public
purposes
envisioned
by
the
north
Shenango
River
Corridor
Brownfield
opportunity
area
step.
Two
nomination
study
referred
to
during
this
public
hearing
as
the
north
Shenango
boa
study.
The
website
address
is
listed
on
exhibit
G
and
is
incorporated
into
this
public
hearing
record
by
reference
and
the
blueprint
Binghamton
forward
together.
August
2014
update
to
the
city's
2003
comprehensive
plan,
as
so
updated
referred
to
during
this
public
hearing.
B
B
A
map
of
the
location
and
description
of
the
proposed
site
is
available
for
viewing
in
this
room,
and
copies
are
available
for
you
to
take
at
the
sign-in
table.
Such
map
and
descriptions
of
the
proposed
site
are
submitted
and
entered
into
the
record
of
this
public
hearing.
As
exhibit
h,
the
city
will
conduct
an
environmental
review
percent
pursuant
to
and
in
accordance
with
article
8
of
the
New
York
Environmental
Conservation
law
and
Associated
regulations
promulgated
there
under
known
there
Hereafter
as
Seeker
with
respect
to
the
public
project
and
will
consider
as
part
of
such
review.
B
Some
final
thoughts
this
afternoon,
the
most
prominent
commercial
property
on
the
North
side,
if
not,
the
entire
city
of
Binghamton,
has
been
neglected
by
its
owner
for
more
than
two
decades.
The
Binghamton
Plaza
has
thus
signaled
that
the
north
side
is
a
neighborhood
not
worthy
of
investment
or
attention.
Despite
a
Riverfront
site
at
the
Confluence
of
three
major
interstates
with
major
Economic
Development
incentives,
the
owner
has
failed
at
rejuvenating
the
Binghamton
Plaza
this
and
one
of
the
poorest
neighborhoods
in
our
community.
Those
residents
deserve
better.
B
The
city
must
act,
improve
this
property
for
the
public,
good,
expand,
Green,
Space,
open
public
access
to
our
Riverwalk
and
Waterfront,
and
allow
for
badly
needed
Redevelopment
along
the
West
State
Street
corridor.
It's
been
part
of
the
north
Shenango
boa
study
and
the
comprehensive
plan,
and
it's
the
most
impactful
way
to
revitalize
this
neighborhood.
A
Thank
you,
mayor,
kram,
this
time,
I'd
like
to
open
the
opportunity
or
anyone
who
would
like
to
present
an
oral
or
written
statement
and
or
submit
other
documents
concerning
the
public
project.
I
will
remind
you,
as
I
did
at
the
beginning
that
there's
a
table
in
the
back
on
the
right
where
you
must
sign
in
before
you
can
speak.
I
also
want
to
advise.
The
public
is
also
advised
that
that
a
reasonable
amount
of
time
will
be
allowed
for
comments
to
be
made
relevant
relevant
to
the
public
project.
A
A
A
A
D
Okay,
you
want
the
name
again:
okay,
Ron
Lauren,
b-o-r-g-n-a,
456,
Shenango,
Street
I
live
about
two
and
a
half
blocks
north
of
the
plaza
and,
first
of
all,
I'd
like
to
say,
I.
Resent
the
mayor,
calling
us
a
poor
neighborhood.
The
people
on
the
North
side
are
real
people.
We
have
likes
dislikes
disagreements,
we
compromise,
we
have
opinions
but
we're
genuine
people.
We
don't
go
around
with
phony
smiled
plastered
on
our
faces
and
stabbed
people
in
the
back.
D
We're
real
people-
and
maybe
the
city
is
partly
to
blame
that
the
repel
that
how
many
streets
get
paved
on
the
west
side
of
Binghamton
and
you're
lucky
you
get
half
of
one
done
on
the
North
side
or
the
West
Side
gets
luxury
housing
we
get
affordable,
housing
or
our
councilwoman.
The
other
day
on
the
news
is
singing
the
Praises
of
the
first
word:
Action
Council,
doing
rehabilitating
houses
on
the
West
Side.
What
about
the
houses
on
the
North
side?
We
live
in
houses,
we
don't
live
in
tents
or
Quonset
Huts.
We
have
houses.
D
Why
don't?
They
do
something
for
us
and
what
I've
seen
over
the
years?
I'd
say
in
the
last
five
years
were
all
these
businesses
going
everywhere,
but
in
the
junction
all
these
in
the
last
four
or
five
years,
built
for
three
stores,
one
in
Vestal,
one
on
Upper
Front
Street,
one
in
Johnson
City.
That
would
have
been
a
good
fit
for
our
North
Side
neighborhood
that
didn't
happen.
D
I
saw
the
Ocean
State
Job
Lot
store,
locating
in
Johnson
City
again,
not
in
Binghamton
Byrne
Dairy,
recently
built
two
stores,
one
in
Union
and
one
in
Endwell.
Why
didn't
they
come
to
Binghamton
the
Green
Mountain
Electric
Supply
Company
is
going
to
the
Kmart
Plaza
in
Endicott.
That
was
also
built
on
a
garbage
dump
years
ago
and
that
a
part
of
it
was
even
torn
down
years
ago.
Now.
Why
did
they
think
that
was
an
attractive
site
over
the
Binghamton
Plaza?
D
Lately
it
was
on
the
news:
Chick-fil-A
is
going
to
locate
into
Binghamton,
of
course,
they're
going
to
vesto
and
Dakota
or
Johnson
City
and
upper
front
seat
once
again,
not
in
Binghamton
I'd
like
to
know
what
is
the
economic
development
department
in
Binghamton
do
to
encourage
and
entice
these
businesses
to
come
to
Binghamton.
Everybody
goes
all
around
Binghamton
and
nobody
wants
to
come
to
Binghamton
like
what's
the
problem
there
too
many
ordinances,
too
many
fees
for
applications.
D
My
wife
and
I
used
to
spend
all
afternoon
Saturday
there
go
to
Grant's
Grand
way,
call
Mark
the
Rag
Shop.
It
was
like
an
AC
Moore's
kind
of
a
store,
a
Chinese
restaurant.
Everything
was
there,
but
I
mean
what
does
the
city
of
Binghamton
do
to
encourage
these
businesses,
like
the
Green,
Mountain
Electric
Supply,
that's
going
to
Endicott
I
thought
that
Plaza
isn't
much
different
than
ours.
Why
don't?
They
do
something
to
get
them
to
come
to
the
plaza
and
that's
all
it
seems
like
they
want
to
do.
D
E
Good
afternoon
Mr
Seacrest,
my
name
is
Mark
McNamara,
as
you
noted
I'm,
an
attorney
with
the
law,
firmer
Barkley,
Damon
Council
to
Binghamton
Plaza.
Inc.
Excuse
me
the
owner
of
the
plaza
and
of
the
real
property
improvements
which
all
of
which
are
known
as
the
Binghamton
Plaza
that
are
located
at
the
addresses
which
the
mayor
provide
earlier
and
are
at
issue
in
this
City
eminent
domain.
E
And
just
to
take
it's
an
understandable
mistake,
but
but
I
just
wanted
to
correct
one
thing
that
the
mayor
had
said:
the
Galaxy
Group
Inc
and
the
website
that
the
mayor
was
referencing.
That
is
an
entirely
different
entity.
It's
the
same
name.
Obviously
it's
the
it's
related
in
terms
of
the
family,
but
it
is
a
entirely
different
entity
than
that
which
deals
with
and
owns
and
operates
and
is
involved
in
the
Binghamton
Plaza
Inc,
which
is
why
there
would
be
no
mention
of
the
Binghamton
Plaza
on
the
Galaxy
group
website.
E
These
characterizations
paint
respectfully
and
incomplete
picture
as
they
omit
the
critical
context
of
the
historical
challenges
of
redeveloping
the
plaza
and
ignore
the
owner's
significant
commitment
efforts,
Financial
expenditures
and
ultimate
success
in
remediating,
the
property
which
was
the
first
as
well
as
the
most
difficult
and
critical
prerequisite
to
any
future
development.
The
city
statements
and
intended
actions
to
acquire
the
plaza,
also
ignore
and
do
serious
damage
to
the
owner's,
privately
funded
Redevelopment
plans
that
are
currently
underway
and
will
fundamentally
transform
the
plaza.
E
The
city
proposes
to
take
the
plaza
for
a
publicly
funded
expansion
of
Sherry
Lindsay
Memorial
Park,
which
I'll
referred
to
as
the
Sherry
Lindsay,
Park
and
other
quote
ancillary
and
related
amenities
facilities
and
improvements
on
the
remainder
of
the
pro
proposed
site.
Close
quote.
To
quote
return
the
underutilized
proposed
site
to
productive
use,
close
quote,
which
are
in
no
way
described,
let
alone
identify.
E
The
city's
action
in
this
regard
will
result
in
an
enormous
financial
burden
on
City
taxpayers,
by
removing
the
property
from
the
city's
tax
rolls,
destroying
the
Redevelopment
plans
of
the
owner
and
disrupting
the
environmental
remediation
of
the
property
which
the
New
York
Department
of
of
Environmental
Conservation
has
certified
as
complete.
In
contrast,
the
owner's
current
Redevelopment
plans
for
the
plaza,
which
I'll
talk
about
in
a
minute
would
be
privately
funded,
with
great
benefit
to
the
Binghamton
Community,
while
maintaining
the
successful
environmental
remediation
of
the
property.
E
The
power
to
seize
property
private
property
over
the
owner's
strenuous
objection
is
one
of
the
most
extraordinary
governmental
powers
that
held
by
a
municipality
accordingly,
both
that
the
Constitutional
and
the
statutory
levels.
The
law
imposes
a
variety
of
very
specific
limitations
and
requirements
on
the
city's
exercise
of
that
power.
Accordingly,
the
plaza
owner
objects
to
the
proposed
taking
of
its
property
is
going
beyond
the
city's
lawful
powers
and
in
violation
of
one
its
own
City
Charter
and
code
of
ordinances.
E
The
present
condition
and
utilization
of
the
plaza
is
in
large
part,
the
result
of
extensive
environmental
challenges
that
required
a
multi-year
effort
and
significant
financial
investment
to
remediate
historically
and
with
some
irony
in
view
of
its
proposed
taking
the
city
used
the
property
as
a
raw
garbage
landfill
from
1946
until
1957.
in
1957
in
1957,
the
city
constructed
a
municipal
garbage
incinerator
adjacent
to
and
south
of
the
plaza
through
the
early
60s,
the
city
then
dumped
and
buried
the
ash
resulting
from
its
waste
incident.
E
Incineration
operations
directly
onto
the
properties
on
which
the
plaza
was
built
and
where
neighboring
Sherry
Lindsey
Park
is
located.
The
thickness
of
the
wakes
the
waste
deposited
was,
at
one
time
estimated
to
be
10
to
18
feet
at
the
North
End
of
the
property
and
upwards
of
35
feet
at
the
South
End
Binghamton
Plaza.
E
The
ink
was
unaware
of
the
environmental
condition
of
the
property
and
there
was
no
Disclosure
by
the
then
seller
when
it
acquired
the
property
to
develop
the
plaza
in
the
1960s
in
2006,
the
owner
of
the
plaza
applied
and
was
accepted
into
dec's
Brownfield
cleanup
program,
just
as
the
mayor
has
as
earlier
described,
which
is
designed
to
quote,
encourage
private
sector
cleanups
of
brownfields
and
to
promote
their
Redevelopment
as
a
means
to
revitalize
economically
blighted
communities,
close
quote
and
in
the
exhibit
eye.
There's
a
website.
E
That's
a
an
internet
address
that
you
can
go
to
for
that.
The
agreement
and
the
site
plan
resulting
from
the
BCP,
the
Brownfield
cleanup
program,
put
in
place
specific
standards
and
requirements
that
needed
to
be
met
in
order
to
satisfactory
satisfactorily
remediate
the
plaza
for
commercial
and
other
uses
the
owner
at
its
own
expense,
totaling
well.
Over
a
million
dollars
undertook
and
satisfied
each
of
those
requirements
resulting
in
the
issuance
of
a
certificate
of
completion
of
the
program
from
DEC
in
2014..
E
As
a
result
of
the
owner's
remediation
efforts,
the
dec
deemed
the
entirety
of
the
property
suited
for
commercial
and
Industrial
uses
and
a
1.14
acre
portion
suited
for
restricted
residential
use.
The
owner
has
since
made
significant
progress
in
its
plan
to
redevelop
the
plaza
into
a
mixed-use
development
of
low-income
housing
and
ancillary
commercial
facilities.
Specifically,
the
Redevelopment
would
be
focused
on
developing,
affordable
housing
for
military
veterans
project
would
be
a
mixed
use,
campus
prioritizing
housing
and
services
for
veterans
and
take
advantage
of
the
property's
proximity
to
the
Binghamton
veterans.
E
Administrative
Community,
Based,
outpatient,
Outpatient
Clinic
to
better
serve
this
population.
That
would
be
approximately
400
housing
units
as
one
and
two
bedroom
apartments
in
new
four-story
residential
buildings
with
surface
parking
and
new
commercial
development
along
State
Street
project
would
be
constructed
in
four
to
five
development
phases.
A
conceptual
schematic
site
plan
is
submitted
with
this
statement
is
exhibit
one
the
owners
planned
which
is
attached
to
the
statement
that
I've
provided
as
exhibitive.
E
The
owner's
planned
Redevelopment
of
the
property
would
greatly
benefit
the
Binghamton
Community
addressing
and
addressing
the
city's
shortage
of
low-income
housing,
particularly
with
respect
to
Veterans.
The
owners
plan
to
construct
low-income
housing
on
the
property
is
also
consistent
with
an
important
New
York
State
priority
and
priority
and
public
policy
in
her
2023
State
of
the
State
address.
Governor
hokel
emphasized
the
need
to
develop
additional
housing
throughout
the
state
in
order
to
address
what
she
describes
as
a
Statewide
housing
crisis.
E
The
owner's
Redevelopment
of
the
pause
into
low-income
housing
will
be
a
key
component
in
dealing
with
the
city's
problems.
In
this
regard,
the
owners
completion
of
the
BCP
was
not
only
necessary
to
begin
redeveloping
the
property,
but
also
integral
to
funding
the
project
itself
as
part
of
its
intended
goal
of
encouraging
environmental,
remediation
and
development
of
economically
blighted
communities.
The
BCP
provides
tax
credits
to
property
owners
who
successfully
complete
the
program
which
can
be
used
to
fund
Development
and
Construction
on
the
property.
E
The
mayor
referenced
those
as
very
lucrative
tax
credits,
and
he
is
absolutely
right
here.
The
owner
has
completed
the
BCP
at
its
own
expense
and
now
intends
to
use
the
credits
awarded
by
the
PCP
for
purposes
of
constructing
low-income
housing
and
facilitating
further
commercial
development
on
the
property.
The
city's
acquisition
of
the
plaza
would
destroy
these
Redevelopment
plans
and
raises
the
prospect
that,
should
the
city
abandon
its
vaguely
stated,
proposals
for
the
future
of
the
property
may
never
be
redeveloped
in
a
way
that
would
provide
economic
and
Commercial
benefits
to
the
surrounding
community.
E
The
owners
plan
to
redevelop
the
plaza
into
low-income
housing
is
well
underway,
as
it
is
currently
engaged
in
the
final
stages
of
negotiations
with
the
national
developer.
Those
negotiations
are
nearing
an
agreement
and
will
be
jeopardized
by
the
city's
engaging
in
the
eminent
domain
process
itself.
That
is,
the
city's
public.
Commencement
of
the
process
to
acquire
the
plaza
by
eminent
domain
undermines
the
owner's
efforts
to
bring
in
the
National
developer
to
partner
in
the
development.
E
The
city's
actions
in
this
regard
will
create
a
cloud
of
condemnation
over
the
owner's
project,
interfering
with
and
ultimately
undoing,
its
negotiations
with
the
national
developer.
Nevertheless,
despite
the
owner
having
remediated
the
plaza
for
purposes
of
Redevelopment
Advanced
Redevelopment
plan
that
would
provide
significant
benefits
to
the
Binghamton
Community
almost
completed
negotiations
with
a
partner
to
bring
its
Redevelopment
project
of
fruition.
The
city
now
intends
to
take
the
plaza
for
purposes
that
is
outlined
below,
are
both
illusory
and
contradictory.
E
Here
the
city
has
made
no
attempt
to
negotiate
with
the
owner
regarding
an
acquisition
of
the
plaza,
in
fact,
the
owner
first
learned
of
the
city's
intent
to
take
the
plaza
when
the
mayor
held
a
press
conference
in
July
2022
to
that
effect
on
the
plot,
at
the
plaza,
without
asking
permission
to
do
so
or
even
notifying
the
owner
in
advance.
The
city
has
never
contacted
the
owner
to
discuss
its
intent
to
acquire
the
plaza
or
make
any
purchase
offer,
let
alone
negotiate
with
Binghamton.
E
Seacrest
I
know
that
I'm
supposed
to
be
brief,
but
as
the
property's
owner
I'm
taking
I
I,
am
pushing
my
luck
here,
but
I
I'm
going
to
read
even
faster
here,
I'm
almost
done
the
city's
public
purpose
is
illusory,
vague,
contradictory
and
unnecessary.
It's
noted
above
and
stated
in
the
notice
for
this
public
hearing.
E
As
stated
in
its
notice,
in
addition
to
the
fact
that
this
proposed
project
will
require
significant
public
funds
to
undertake
disrupt
the
environmental
remediation
which
has
already
been
completed
and
requiring
new
and
expensive
level
of
remediation
for
public
recreation
park
uses
uses
the
stated
purposes
purporting
to
justify
The.
Taking
of
this
property
are
illusory,
vague,
contradictory
and
unnecessary.
E
Specifically,
the
stated
purpose
is
illusory
and
begged,
to
the
extent
that
the
city
is
admitted
in
public
statements
that
it
actually
does
not
know
what
it
plans
to
do
with
the
property
other
than
expand
the
park,
and
it's
July
7
2022
announcement
regarding
the
city's
intent
to
move
to
lift
the
bankruptcy
stay
and
take
the
property
by
eminent
domain.
Mayor
cram
stated
that
the
city
did
not
have
any
specific
plans
for
the
property
once
the
pause
is
demolished.
E
The
city's
the
city-stated
public
purposes
cites
economic
revitalization
and
generating
additional
tax
revenues
as
justifications
for
taking
private
property
from
its
owner.
Yet
it
does
not
provide
any
specific
plans
to
effectuate
these
goals
other
than
to
demolish
the
existing
structures,
some
of
which
some
of
which
currently
house
active
commercial
tenants.
The
city
stated
public
purpose
is
also
backed
to
the
extent
that
it,
it
states
an
intent
and
the
notice
to
take
all
or
a
portion
quote
unquote
of
the
plaza.
E
Despite
commencing
the
present
proceedings
by
its
own
admission-
and
it's
noticed,
the
city
still
does
not
know
what
portions
of
the
plot,
as
it
intends
to
take
reported.
Public
purpose
is
also
contradictory
in
that
it
specifically
relies
on
creating
employment
opportunities,
promoting
economic,
revitalization
and
increasing
the
city's
sales
tax
revenues
and
real
property
tax
base
by
taking
private
commercial
property,
which
currently
generates
both
sales
tax
and
property
tax
revenues
and
eliminating
both
converting
private
commercial
property
to
expanded
city-owned
public
park.
E
Land
takes
the
property
off
the
tax
rolls
and
eliminates
the
sales
tax
generated
by
the
businesses
operating
at
the
plaza.
The
plaza
is
currently
on
the
city's
tax
roll
and
up
to
date
on
its
property,
real
property
taxes,
as
a
result
of
the
settlement
of
the
property
tax,
litigation
between
the
city
and
the
owner,
which
the
mayor
described
earlier
again,
the
result
of
the
city's
proposed
acquisition
of
the
plaza
would
be
to
remove
it
from
the
city's
tax
forms.
To
the
extent
the
city
stated,
purpose
in
taking
the
property
provides
any
specific
plans.
E
The
properties
I've
described
before
for
use
is
consistent
with
its
own
Redevelopment
plans
and
attached
to
this
statement
is
the
certificate
of
completion
from
DEC,
which
is
attached
to
exhibit
two
which,
to
my
exhibit
I.
Here.
The
city's
plan
to
expand
the
existing
park
by
acquiring
the
plaza
would
require
the
property
be
remediated
for
public
Recreation
uses,
which
is
a
different
standard
than
commercial
or
industrial.
E
Such
remediation
for
the
City
by
the
city
to
clean
up
the
contamination
caused,
principally
by
its
former
incinerator
operation
and
the
raw
garbage
dump,
will
take
years
and
require
significant
taxpayer
funds
to
complete,
while
the
existing
owner
of
the
plaza
is
close
to
an
agreement.
But
as
I
said
before,
a
national
developer
to
complete
its
own
Redevelopment
plans,
which
would
not
be
funded
by
taxpayers
and
would
provide
substantial
benefits
to
immunity,
the
city's
intent
to
take
the
plaza
and
its
purported
purpose
for
doing
so
is
also
unnecessary.
E
The
city
claims
that
it
must
take
the
plaza
for
purposes
of
Economic
revitalization
and
increasing
tax
revenues
I'm
almost
done,
but
the
existing
owners
development
plans
are
ongoing
and
much
closer
to
finalization
than
any
proposed
project
by
the
city.
The
owner's
Redevelopment
of
the
property
would
not
only
effectuate
the
goals
of
Economic
revitalization
and
increasing
tax
revenues
in
its
own
right,
but
also
provide
much
needed.
Low-Income
housing.
The
city's
stated
goals
in
taking
redeveloping
the
plaza
would
therefore
be
accomplished
by
simply
letting
the
existing
owner
keep
the
property
and
do
its
devout
Redevelopment.
E
Not
only
would
this
course
of
action
save
significant
public
funds,
but
would
also
provide,
as
I've
said,
additional
benefits
to
the
community
city
has
failed
to
comply
with
secret.
It
is
not
clear
from
any
of
the
city's
statements
or
Publications.
What
have
any
environmental
review
has
been
conducted
with
respect
to
identifying
and
taking
a
hard
look
at
the
impacts
of
its
proposed
taking
in
project?
This
apparent
Omission
is
particularly
serious
in
light
of
the
environmental,
remediation
and
condition
of
the
properties
described
above.
E
If
any
review
has
occurred,
it
is
unclear
what
impacts
were
identified
and
considered
in
the
findings
reached
and
to
the
degree.
As
the
mayor
described
here,
that
the
process
still
has
to
be
undertaken,
then
we
reserve
our
rights
to
object
to
that
review
until
we
actually
see
it
pursuant
to
the
fifth
adjust
under
just
compensation.
E
E
In
short,
there
is
no
evidence
to
suggest
the
city
has
the
financial
resources
to
satisfy
its
obligation
to
pay
just
compensation
for
the
plaza
and
develop
its
proposed
proposed
in
conclusion,
again,
the
owner
strenuously
objects
for
all
the
reasons
that
I've
stated
above
to
the
city's
proposed,
taking
of
its
property
by
imminent
domain,
say
actions
are
unnecessary
constitutional
waste
of
taxpayer
funds
and
violate
the
various
statutes
that
I've
referenced
and
Mr
Secrest.
Thank
you
very
much
for
your
large
s
here
in
terms
of
letting
me
go
on
as
long
as
I
did.
Thank
you.
E
F
I
currently
own
the
child
care
center
in
the
Binghamton
Plaza,
it's
called
curious
kids.
Child
care
I
have
owned
it
for
almost
16
years
this
year
and
in
that
time,
I've
serviced,
hundreds
of
families
and
their
children.
We
currently
have
60
children
enrolled
at
the
center,
some
as
young
as
three
months
old.
Many
of
the
families
we
serve,
live
within
walking
distance
to
the
center
and
do
not
have
transportation,
limiting
their
options
for
safe
and
reliable
child
care.
F
In
addition
to
the
family's
Transportation
limitations,
many
of
our
families
rely
on
subsidies
to
pay
for
child
care,
which
would
likely
not
be
available
to
them
outside
of
a
licensed
Child
Care
Facility
I
also
employ
11
people
at
the
center.
Some
who
do
live
close
and
do
not
have
transportation
in
if
they
did
get
other
other
jobs.
F
Besides,
where
they
are
now,
we
are
the
only
licensed
daycare
center
within
a
reasonable
walking
distance
from
the
Town
and
Country
Apartments,
and
the
recently
developed
Canal
Apartments,
which
both
provide
housing
for
low-income
families
in
our
County
without
access
to
child
care.
Families
who
are
already
facing
Financial
struggles
would
be
forced
to
choose
between
losing
their
employment
or
placing
their
children
with
unlicensed
home
providers
lacking
proper
training
in
a
safe
environment.
F
Additionally,
relocation
of
a
child
care
center
can
be
very
difficult
as
we
have
specific
State
licensing
requirements
that
must
be
met,
including
size
requirements,
classroom
spaces
and
an
outdoor
play
area
and
a
kitchen
to
provide
the
children.
Meals
moving,
would
be
extremely
costly
and
would
like
likely
be
impossible
for
us
to
stay
in
close
proximity
to
the
families
that
we
currently
serve.
In
addition
to
our
child
care
center,
there
are
still
many
successful
businesses
renting
space
in
the
North
Side
Plaza,
including
New
York,
Pizzeria,
P,
J's,
flea
market,
bargain
groceries
and
extreme
bargain
bins.
F
These
businesses
remain
successful
and
attract
customers
on
a
daily
basis,
many
of
which
again
would
not
have
access
to
these
Services
if
they
were
forced
to
relocate.
Also,
we
have
no
problem
accessing
the
park.
We
do
walk
the
children
there
a
couple
times
a
week.
I
also
keep
my
property
clean
and
maintain
a
beautiful
playground
outside
of
my
building.
I've
stayed
in
compliance
with
the
Binghamton
fire
department.
I
do
not
misuse
the
police
or
fire
department,
except
when
we
do
have
our
yearly
field
trips
with
the
kids
to
the
fire
department.
G
A
I
I
I
It
is
a
mix
of
local
and
Regional
populations
with
that
base.
We
would
obviously
be
grateful
if
we
were
able
to
keep
operating
our
shop
in
the
plaza.
The
gliese
corporation
have
been
wonderful
landlords
to
us.
Please
consider
all
this
information
fairly.
It
is
our
whole
life
and
light
livelihood,
and
thank
you
for
listening.
J
I'm
here
here
to
represent
70
plus
vendors
and
thousands
of
customers
that
come
every
weekend
to
our
flea
market
customers
come
all
come
from
all
over
the
Northeast
eminent
domain.
Taking
private
property
for
public
use,
pay
just
compensation
for
the
property
tie
the
courts
up
for
years
for
due
process
of
the
law.
J
Is
it
a
benefit
to
the
taxpayers
of
the
city
of
Binghamton?
The
taxpayers
will
have
to
number
one
buy
the
property
assess
value
most
likely
number
two
pay
for
the
demolition
of
the
property,
probably
millions
of
dollars
number
three
pay
for
the
removal
of
the
environmental
waste.
That's
under
that
property,
probably
in
excess
of
multi-millions
of
dollars,
pay
to
create
whatever
public
use.
The
city
has
planned,
lose
businesses
and
a
half
a
million
dollars
in
yearly
tax
revenue.
J
J
The
owners
of
the
property
have
been
trying
for
years
to
remove
some
of
the
buildings
that
are
in
rough
shape.
They
want
to
create
a
shopping
area
with
a
green
space
and
have
access
to
the
river,
but
the
city
keeps
denying
their
proposals.
Why
not
have
the
best
of
both
worlds
approve
the
changes
that
the
property
owners
want
to
make,
help
them
and
keep
the
half
a
million
dollars
in
Revenue
in
the
city's
pocket
each
year,
less
ask
the
people
of
the
city
of
Hampton.
J
G
T-I-M-O-T-H-Y
and
Paris
h-a-r-r-I-s,
we
have
the
shoe
repair,
basically
you've
seen
a
lot
of
businesses
around
here,
fail
because
of
law
loss
prevention,
and
you
could
do
more
to
keep
the
businesses
if
there
was
laws
that
improve
the
ability
to
implement
loss
prevention.
That's
why
our
grocery
stores
have
left
and
some
of
the
other
stores.
G
G
We
could
not
afford
to
pay
a
lot
more
rent
because
people
don't
wear
shoes
and
I,
wear
sneakers,
so
I'm
doing
lots
of
Orthopedic
work
on
sneakers
people
driving
because
they
can't
pay
for
high
class
Orthopedic
work
stuff
like
that
so
I'm
fulfilling
that
area.
That's
why
I
haven't
retired,
even
though
I'm
76
years
old,
now
the
only
other
shoe
repair
is
Jay
and
JC
and
he's
82.
it's
on
heart
medicine,
so
he's
limited
on
how
much
he
can
work.