Pressing forward on Centennial Park

Jun. 28—With the Niagara Falls City Council set to conduct a public hearing on the possible eminent domain acquisition of 12 acres of property in the city's South End for the proposed Centennial Park project, Mayor Robert Restaino said the property owner has made the city an offer it can absolutely refuse.

In an interview with the Gazette, Restaino said the owners of the parcels that make up the city's acquisition request, Niagara Falls Redevelopment (NFR) and Blue Apple LLC, both subsidiaries of New York City-based Milstein Properies, approached the city, in April with a counter-offer.

The mayor met on April 26 with Edward Milstein, the brother of Howard Milstein, the billionaire owner of New York Private Bank & Trust and its operating bank, Emigrant Bank, the ninth largest privately run bank and the largest family owned private bank in the U.S.

While the city is seeking to acquire "all the real property located at 907 Falls St. and a portion of property along John Daly Memorial Parkway," Milstein presented Restaino with an offer to "transfer 20 acres of property to the city between Niagara Street and Falls Street, and John B. Daly Boulevard and 13th Street."

Restaino pointed out that the Milstein companies don't own all the properties on that acreage. There are 30 individual homes, two churches and Niagara County's Department of Social Services Building within those boundaries.

In a May 10 letter responding to the counter-offer, Restaino wrote, "While we appreciate that this is about twice the 12 acres that the city seeks for Centennial Park, the parcel has several unresolved issues that the city would now be compelled to address to move forward with its plan. As a result, this proposal is respectfully declined."

Milstein also proposed that the city transfer "development rights," relating to properties subject to height restrictions, from an area owned by NFR, to what is commonly known as the NFR-owned Turtle building. The Turtle site is currently subject to a height restriction of no more than six stories.

In "casual conversation" with the developer, Restaino said it appeared that Milstein was seeking permission to build up to 20 stories high on the Turtle site. The mayor said Milstein also revealed that NFR has no current plans to build on the site and was seeking relief from the height restrictions to "increase the value of the property."

"I'm not sure if they're a developer or a real estate agent," Restaino said.

In the same May 10 letter to Milstein, the mayor suggested that the city would only consider the development rights transfer as part of "a favorable disposition of the Centennial Park discussion." Restaino suggested that the "granting of the development rights would be part of the compensation for the Centennial Park parcel."

Milstein also proposed that his companies "obtain 60 acres of property" in the Porter and New roads area to build a data center facility.

Restaino rejected that request as well.

The mayor suggested that Milstein sell the city the 12 acres of South End real estate it wants and then the city would work with him to find an appropriate location for the data center facility project.

The Centennial Park project, a planned events center and campus, has been described by Restaino as "a new gateway to the city of Niagara Falls." The campus is expected to consist of several structures that could be used for sporting events or concerts.

Eminent domain refers to the right a government or its representative to take private property for public use, as long as the land owner is fairly compensated.

Restaino said while the eminent domain proceedings move forward the city is still ready to negotiate with Milstein.

"We're not taking a hard line with the negotiations. The lines of communication are still open," the mayor said. "Eminent domain is just a way to keep us on track and keep us moving forward."

Efforts to reach an NFR representative were not immediately successful.