Daily Freeman (Kingston, NY)

Legislator emphasizes merits of project

- William J. Kemble news@freemanonl­ine.com

County Legislatur­e Chairman David Donaldson touts tax breaks for the proposed Kingstonia­n project.

KINGSTON, N.Y. » Ulster County Industrial Developmen­t Agency board members are being pushed by county Legislatur­e Chairman David Donaldson to recognize the merits of requested tax breaks for the proposed Kingstonia­n project despite objections from the Kingston school board.

The comments were made during an agency video conference meeting Wednesday, with Donaldson saying school district trustees did not have enough debate over developers’ request for $26.15 million in tax breaks for developers of the $54.89 million Kingston ian mixed-use retail and residentia­l project.

“The problem here... is only one- quarter of the (nine- member) school board listened to what this developmen­t was going to deliver,” he said. “The others were all through hearsay or a little bit of reading here or there and then they voted against it.”

Donaldson spent nearly eight minutes complainin­g about the school board vote and extolling the virtues of the Kingstonia­n project, telling agency officials how difficult it has been to find someone to develop the corner of Fair Street and North Front Street.

School board members on Dec. 3 voted 6-3 against endorsing the tax breaks. Agency policy is to seek support from taxing entities that would be impacted by the project. But under state law, the agency is not required to abide by that opposition or support.

While the agency does not require county lawmakers’ approval to grant tax breaks, the agency board is appointed by the Legislatur­e, which over the past three years has made changes in board membership based on objections to how applicatio­ns and policies have been handled.

However, Donaldson told board members that their decisions should be made on their own assessment­s, but he did not directly say they should vote against the wishes of the school board.

“You are appointed by the legislativ­e body but we appoint you because we want independen­ce,” Donaldson said.

The Ulster County Legislatur­e approved the PILOT deal on Nov. 17. The Kingston Common Council had signed off on a previous PILOT deal and it is consulting with a city attorney on whether it needs to vote on this again.

School board members have been receiving informatio­n on the Kingstonia­n periodical­ly since the project was announced on Sept. 7, 2017. There have also been several presentati­ons given to school district administra­tors, which included some board members, as well as a presentati­on to the full board in November 2018 and an hour-long presentati­on last month

by the Industrial Developmen­t Agency on specifics of the tax break figures impact over a 25-year agreement.

School board President James Shaughness­y, during a telephone interview following the meeting, said characteri­zations that district trustees were not informed are incorrect and unfair.

“We’ve been dealing with this thing for two years,” he said. “Everyone on the board considers that they were well-informed about it.”

Shaughness­y last week noted that recent criticism from developers about not being given an opportunit­y to make another presentati­on to board members did not explain that they wanted a private meeting that could not have been conducted legally.

“The developers wanted to make a private presentati­on to the board that would be executive session,” he said. “We were advised by our attorney that it was not a permitted topic for executive session and would be a violation of the Open Meetings Law. We informed the developers their presentati­on would have to be in public session. They never contacted me about presenting in public session.”

Under the proposed Kingstonia­n 25-year payment-in-lieu-of-taxes agreement, the school district would get $2.7 million in revenue while the developers would get a $17.49 million tax break; the city of Kingston would receive $1.17 million in revenue and developers would get an $8.46 million tax break; and the county would see $328,733 in revenue and developers would get a $2.26 million tax break.

Developers plan to use the existing Herzog-owned property on the east side of Fair Street and the city-owned vacant lot on the west side to construct a complex that has 129 market-rate apartments, 14 affordable-housing units, and 9,000 square feet of retail space. The plan includes 420 parking slots of which 277 slots would be for public use.

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