Eminent Domain Discussed at Scoping Session

The City of Peekskill held a public session on a scoping document, an outline of what will be included in a draft environmental impact statement (DEIS) regarding the  at City Hall last night. The firehouse architect Bob Mitchell, the city’s planning and environmental consultant John Lynch, and Director of City Planning Anthony Ruggiero discussed the scoping statement, and the DEIS. The scoping statement and DEIS are both required in order to move forward with the Eminent Domain Process. The session was an opportunity for the public to provide input into what they would like to be covered by the DEIS. Several people spoke mainly on their opposition to the use of eminent domain.

Six people objected to the city’s plan to use eminent domain if necessary, and asked questions about the cost, scope and location of the firehouse.

About 20 firefighters sat in the back of the room and responded to some comments throughout the two-hour meeting at City Hall but did not comment at the podium. Gerrardo Escandon, the owner of the , which the city is proposing to acquire through eminent domain, was also present but did not speak. Eminent domain is a condemnation process that claims property in the name of public service. 

Mitchell opened the meeting with a presentation that showed the cost and expansions that would be needed to bring current firehouses up to code; the three other sites that were considered; and the plans for the to be built on Broad and Main streets. Next, Lynch reviewed the scoping statement. (You can view the presentation here and scoping statement in the PDF attached to this article).

While the mayor and city council have said they prefer not to invoke eminent domain to build the firehouse, the mayor said that the owners of two of the parcels of land needed for the project have not accepted the city’s offers and are not negotiating. The city purchased 1137 Main Street from its owners last year. The remaining parcels are part of Crossroads Plaza and 1141 Main Street.

“We have held off for as long as we could in going down this road,” Foster said after the meeting. “We would have much preferred to have reached an agreement but that process cant stop what we need to do for the project….If (the owners) believe that they will get a better offer (through the eminent domain process) then they need to do what is in their best interest,” Foster said of the owners.

Escandon told Patch that the city’s offer presented to him in November is too low, and that he has not heard from the city since then. Ruggerio said that the city corporation counsel (Bernis Nelson) had meetings scheduled with Escandon and his lawyer in December and January, but that Escandon’s lawyer canceled the meetings because he wanted to get another updated appraisal of his house first. 

Escandon, an Ossining resident, said that what the city is doing is "unfair" “because there is no negotiation.” His only income comes from the businesses in his building, a hair salon and money wiring business, and from his two tenants who live upstairs. He says he might consider moving his business but is worried about losing cliental who are used to that location and he is concerned about competition.

Public Comment During Scoping Session

Speakers during the scoping session agreed with Escandon that the use of eminent domain is “unfair.” Peekskill resident Ginetta Rodriguez called it “unethical.” 

Rodriguez asked why several other locations were not selected for the firehouse. Lynch said that the current location was the best because it is the most central site in the city. “If you move to other places you are two minutes further away than other parts of the city.”

“Eminent domain. No, you don’t have to go that route. There are so many empty lots in Peekskill,” Rodriguez said. “You don’t have to take someone’s house and firemen should understand that. It is so unethical.”

Rodriguez also said that firefighters don’t need everything included in the central firehouse plan, naming a “social club” space and an exercise room.

Fire Chief Lenny Varella told Rodriguez that “firefighting is a whole different game than the way it used to be.”

“They do not get paid. This is what they get. A place to be with each other and a place to exercise,” Mitchell said.

Tina Bongar said that she is concerned with the fiscal effects of the project and that it should have been placed on a ballot for public vote.

“I am not ok with the location and I oppose eminent domain,” Bongar said. “It overrides in some cases the need for public safety.”

Peekskill resident Leesther Brown said she is aware of the poor conditions in existing firehouses, but is against using eminent domain to build a new one. “We want them to be healthy so they can protect us and they deserve it, but I don’t think you should take someone’s home.”

Leslie Lawler, another Peekskill resident, spoke about the effect of the state’s Wick’s Law on the project. Wick’s law requires that municipalities doing construction in excess of $500,000 seek competitive bids directly from all trades involved in the project, in addition to the general contractor. This drives prices up, Lawler said.

Mitchell said that the price of the firehouse reflects the project being bid according to Wick’s Law. Nelson, the city attorney, said that the city may be able to enter a project labor agreement that exempts it from Wicks and makes an agreement with unions that the whole project will be union. This would allow them to place one bid instead of several and could bring costs down.

Lawler also opposed the location and the use of eminent domain.

“I say go back to the drawing board and work it out. Sweat it out,” Lawler said. “You are going to put Peekskill on the map for all the wrong reasons to put someone out of his home.”

Peekskill resident Garrett Dowd asked if the city could ensure that legal residents would build the project, asking if it was “e-verified.” Ruggerio said they would look into that.

The last citizen to speak was David Pacchiana, the owner of , which wthrough eminent domain if the building’s owner, Tony Huang, does not settle with the city.

 “It breaks my heart that you want to get rid of my business,” Pacchiana said. But that was not what he was there to discuss. He asked if Rite Aid would be flipped and parking would be moved to James Street. Lynch said that parking would stay in the shopping center area and they are hoping to relocate business owners within the center.

Pacchiana went back to discussion eminent domain and said the  told him they have received insultingly low offers. “I just wish you knew beforehand before it got to this point,” Pacchiana said. “One of the things that makes this country great is property rights and I hope you do the right thing."

The scoping session was closed after Pacchiana finished speaking.

The city council will have to review the full environmental Impact Statement, once it is complete. Lynch estimates that the DEIS will be completed by the end of April. Once the council said it is complete another public hearing will be held on that statement. If condemnation is still required at that point (if the city has still not reached an agreement with the two property owners) then there will be a public hearing on eminent domain in conjunction with the hearing on the DEIS.

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