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Lease Dispute Delays Visitor's Center at Lincoln Depot Project

The City Council and Lincoln Depot Foundation disagree on a contract that governs the use of the Visitor’s Center.

While construction continues on the plans for the adjacent Visitor’s Center have been held up by a number of issues.

The corporation counsel has advised that certain changes to a 40-year-long lease between the city and the Foundation signed in 2007 would be necessary for the Visitor’s Center to move forward as planned, Acting City Manager Brian Havranek said. John Testa, the president of the Lincoln Depot Foundation, says the proposed changes are unnecessary and “an excuse to try to delay and change the scope of the project.”

The corporation counsel said that the lease needs to be addressed because the Visitor’s Center would have a catering hall and be used as a profit making entity, Havranek said. “The original lease did not talk about these items,” he said. “The city council and Foundation need to sit down and work this out,” he repeatedly told Patch when discussing the project. Havranek is trying to set up that meeting, Mayor Mary Foster said.

The depot museum and visitor’s center were part of a waterfront redevelopment plan that won an $8 million Empire State Development Grant in 2006, when Testa was mayor of Peekskill. The Lincoln Foundation was formed in order to handle parts of the grant that were required to go to a non-profit and could not be handled by the city. The plan was for the Foundation to use their grants to create the museum and for the city to use their grants to build the Visitor’s Center and a plaza. Once built, the Center would be operated by the Foundation, according to the lease between the city and Foundation. Testa says the plan always included a catering hall and profit making entity in the Visitor’s Center.

“We are trying to make a viable, self sustaining entity to take burden off city. That was the plan. The city was a conduit to the grants but the project would not cost them money. It has become an exercise in futility," Testa said.

Testa is complaining that the city has not taken the Foundations’ requests regarding the Visitor’s Center into consideration and that the city’s plaza designs will hamper the Foundations ability to hold events because it includes too many structures. He also says the proposed changes in the lease, which he says would put restrictions on operating hours and uses, will drive up the Foundation’s operational costs. Mayor Mary Foster said she could not comment on the lease changes the city is proposing.

The Foundation had been counting on the Visitor’s Center to be built at the same time as the museum so the two buildings could share a utilities line, which was to be run through the Visitor’s Center. Because the city has not broke ground on the Center, Testa says the Foundation has incurred an additional $250,000 cost to run their own utility lines to the museum. He said the museum has to stay on schedule so they don’t risk losing their grant money. 

According to Havranek, the city needs to break ground on the Visitor’s Center this year because there is a chance it will lose it’s funding otherwise.

The construction plans are “fairly complete. It is just a matter of resurrecting issues with adjoining property owners and finalizing drawings and getting cost updates,” Havranek said.

When asked why the city is attempting to change the lease and the status of the construction plans and schedule for the visitor’s center, Mayor Mary Foster said:

“Much of this I can't discuss other than to say that our city attorney has been waiting since May to have a meeting with the Foundation’s attorney.
The previous City Manager and the Planning staff had tried to schedule a meeting with the Board and Council in late 2010 and early 2011 but the requests were denied by the Foundation Board.  And yes, the Acting City Manager is trying to set up such a meeting again.”

Testa said that Patrick Garvey, the Foundation board chair, who is acting as liason between the Foundation and City, has met with the mayor and staff a couple times. City Planner Anthony Ruggerio said that Garvey has held met with city officials regarding the Depot museum project, but not regarding the Visitor’s Center yet.  

Another hold up for the Foundation is a sublease from the city. The Foundation wants to build a westerly platform on the museum, but the platform would need to be on land owned by the MTA. The City has a lease with the MTA and would need to sublease that land to the Foundation. Havranek said the city cannot do that until the lease between the city and Foundation regarding the center is sorted out.

Another issue that rose from the Visitor's Center plans were the owner of , over how it would affect her business. She had been using the city land on which the Center will be built as parking for the bakery for decades. Ruggiero and Sanca have been meeting to work towards a solution that addresses these concerns.

“I am confident it (the Visitor’s Center) will happen this year,” Havranek said, despite the challenges.

Havranek is now trying to set up a meeting between the Foundation Board and the City Council.

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Teleman May 22, 2013 at 12:03 pm
Yes- probably the most important part of the investigation is what caused the fire- that will beRead More hard to determine of course because of the destruction of the evidence
Ilir Zherka, a lifelong advocate of human rights and the executive director for the National Conference on Citizenship, was the morning keynote speaker at the 11th annual Not-For-Profit Summit.
sayitsnotsojack May 20, 2013 at 04:36 pm
With all these non profits not paying taxes they have certainly made a lot of us who pay the billsRead More for them non profit also.
W Kelly May 20, 2013 at 09:51 am
Don't believe a word of HVHC mission statement they tossed out the Meth Clinic since it carriesRead More negativity to the new and improved hospital.
Danny May 18, 2013 at 12:20 pm
It is dangerous and a menace to our already horrible traffic on 6. Thank God none of those kids gotRead More hit running in between cars looking for change. Traffic was backed up all through Mohegan...Poor choice of a way to raise monies for a good cause.
Concerned Parent May 21, 2013 at 09:08 am
@w Kelly.....Ahhhhhhhhh maybe the cops are not educated about addiction?? Why not ask the neighborsRead More of the soon-to-be closed HVHC Methadone Clinic -- the veterinarian, residents in hear-by homes, the stores and restaurants in the shopping center, etc. -- have they experienced any "problems" with the clients going to the clinic ?? Personally, I believe the "cops" should be focusing on the known areas to buy drugs -- it does not take a rocket scientist to see the dealers. What happened to the bike patrols used by the police dept ??? As said by another, thank goodness we live in the U.S. for freedom of speech. I
W Kelly May 21, 2013 at 06:06 am
Residential is right, Dogwood, Sprout Brook, Highland Park all the neighbors off of Highland Ave ,Read More Dunbar Heights yes those are all in very close proximity to Meth Clinic. Tell me why all the cops /troopers say a very bad thing for the community?
elijah ryan May 21, 2013 at 12:13 am
Well, well, well, I left Peekskill 2 years ago and Mad Dumb Mary Foster is still in office andRead More better yet still wrecking havoc upon the wonderful people of Peekskill. How's Targets doing down on Louisa St.? The New Firehouse is beautiful. (That's a Joke) What happened to Main St. some drug lord bought new softer lighting so their street level dealers are harder to be recognize by the Police? Paramount closed, Paramount reopened what happen? The Republican in charge didn't pad your pocket Mary? Wouldn't bow down to you? Tumolo out Johansen in. Gene was great Eric will do a great job too just don't short change him. Frank Catalina running for Mayor? Dear people of Peekskill DON'T SCREW THIS UP !!! Everyone crying over the Methadone clinic moving into town? Afraid the "drug addicts" will destroy the town. "?" First of all the Addict's already live among you, shop in your businesses, eat in you restaurants, vote in political elections, and own businesses and restaurants that you patronize. These people are recovering from a addiction just like an alcoholic recovering from alcoholism. They are not thugs, thieves, rapists, they are hard working people like you and me, well like some of you and me, trying to make a living. Mary called the area they want to open the clinic a residential neighborhood. "?" Sewage treatment plant, Highland Self Storage, Hudson Valley Bus Company, residential. Interesting. Still see the day workers hanging out in the same spots, illegal immigrants? No. Undocumented Democrats, Yes. No Peekskill Celebration? Italian Feast? Assumption School closing it's doors? Notice a few more empty stores in town. All on your watch Foster. Miss living down here, don't miss Foster and her gang of thugs. Is Havernik still your puppy on a string. Mary? WHY?! WHY?! I Know, follow you leader Obama and blame George Bush for everything.
sayitsnotsojack May 19, 2013 at 11:37 am
The long suffering tax payer should look at it as them paying for their extravagant health care andRead More pension plans. As for lending a hand they have had our hand outs for way too long.
Teleman May 19, 2013 at 05:09 pm
We've got the Constitution on our side. Although it is being eroded, we still have quite a largeRead More number of the population who still believes in it- 46,455 gun background checks per day since bama got in office- ( yes, we already do background checks for the majority of gun purchases)
Teleman May 19, 2013 at 04:57 pm
Let's face it- we can find niche studies to suit any position we take- but the justice departmentRead More study I am citing is a large piece that goes from 1993-2010- before, during and after the 1994 assault weapons ban -and it spans a pretty large time frame in which to draw these conslusions. This is a very comprehensive look at gun crime in the US- and it shows massive decline despite rising ownership. Deny all you want, because to continue your agenda, it's your only choice.
Abby Normal May 19, 2013 at 11:27 am
Tele, I keep hearing the mantra from the right saying more guns equal less crime. The truth howeverRead More flies in the face of this propaganda. A recent study actually shows that the highest homicide rates are in the states with the fewest gun controls. States like Louisiana, South Carolina, Mississippi and Alaska just to name a few. Sure, there are fewer homicides in Alaska than in New York, but adjusted for population, the per-ca-pita homicide rate is significantly lower in New York.
Victoria Hochman May 10, 2013 at 06:59 pm
thanks
Victoria Hochman May 10, 2013 at 06:51 pm
Thanks Liz, We appreciate your support and I will pass your kind comments on to our staff. I'm sureRead More it will mean a lot to them.
joshua tanner May 10, 2013 at 06:07 pm
Nice photo
Teleman May 15, 2013 at 04:11 pm
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Sick of the Lies May 10, 2013 at 10:04 am
Hey Fly, before you make comments, you should check the facts. The contracts are alive and well.Read More Mr. Donahue should try learning to read and checking the facts before sending his brilliant letters to the editor in for publishing. They are almost always entirely fictional....but perhaps he really believes what he says. Yeah, right. He intentionally makes up stories to sucker people like you into believing his nonsense.
Fly on the Wall May 10, 2013 at 02:47 am
All of those lucrative 2% contract raises have since expired! DUH. Unlike the 15% raises yourRead More glorious mayor has doled out with great regularity.