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WPCNR THE SUNDAY BAILEY. News & Comment By John F. Bailey. August 26, 2007: The Common Council received another Thursday surprise play this week from the ever resourceful, creative Delfino Administration Coaching Staff.

The Playbook: The Council was presented with an RFQ– a 15-page Request for Qualifications plus 25 pages of appendices — reportedly after it had been sent to potential developers The purpose: to attract resumes from various development firms demonstrating their qualifications – read experience, connections, expertise, and capital resources – to develop the Urban Renewal Agency Property around the Metro-North Railroad Station.
The RFQ indicates that “upon designation of the Designated Redeveloper…within 30 days” the city would enter into an “Exclusivity Agreement,” and also requires on that designation, a Letter of Credit of $3 Million to “draw down on” to pay for a planning and technical studies and the legal costs for preparing those studies.
This would be a step towards figuring out what to do with the rest of the downtown if the administration had not already sent it out to prospective developers without consulting the Common Council.

Prospective Developers for the Station Area are asked to supply the above “criteria” in the RFQ to be considered to be exclusive Designated Redeveloper for the station.
Seems like any referee might throw a yellow flag because the city seems to have once again jumped offside.
What can the council do now that this RFQ is already out? What developers has it been sent to? They were not told at the Thursday meeting.
High in the Press Box, our play analyst can see what is happening, that the Council linemen cannot see from field level:
The administration is running the same play they ran last May.
It’s a slightly different offensive alignment into the Common Council line than the city coaching geniuses ran last spring. It may look like a straight play into the line, using familiar plays but it’s really just another pass to isolate a Jerry Rice all star developer-receiver behind the secondary after suckering the Common Council in for a routine running play to a Dwight Clark-type short receiver.
It’s the old reliable RFQ –the city’s version of the Statue of Liberty play.
The RFQ play is the play the city ran very successfully to isolate LCOR one on one as the developer of the 10 Bank Street affordable housing/apartment complex WPCNR dubbed “The Bank Street Job.” You remember, that is the $200 Million baby where LCOR is getting $39 Million in tax abatements, plus the city municipal parking lot for a steal? The city sent out an RFQ and rejected developers out of hand without telling the council and used the RFQ as an excuse not to offer the land on the general market, even though national firms whom the city did not contact, were interested in it.
Not only that but LCOR is getting that PILOT over 15 years based on the land value only.
How did that sweetheart deal start? The city sent out an RFQ, decided they did not like the other proposals, but liked LCOR’s qualifications, and picked them then sold it to the Common Council as a wonderful affordable housing project – first with no pilot, then with a PILOT – with possibly the city even financing it. Of course, the council all felt this was soooo politically correct to approve, remember?
Now the wily old quarterback, Joe Delfino, the Joe Montana of development, is calling the RFQ play again.
But much more is at stake than just $39 Million in change in tax abatements for a routine apartment complex and some politically correct affordable housing.
Billions and Billions of Dollars are at stake.
To refresh the Common Council collective memory so they pick up this offensive “set” guys – remember how you were embarrassed into rejecting the Exclusivity Agreement you had no trouble agreeing to when you were first told about it in the weeks prior to May 10 when the plan was officially unveiled to you?
How when the citizenry learned you all (except Dennis Power) knew about the plan to develop Station Plaza before it was presented allegedly for the first time May 10 — you faced outcry and political ramifications and you indicated you would not abide with the Exclusivity Agreement with that developer, which resulted in the developer withdrawing his request for the Exclusivity Agreement on television?
One of the Top Ten Council Most Embarrassing Moments of 2007 wasn’t it?
The play, the Common Council granting an exclusivity agreement is being run again.
But now Joe D is running the RFQ with a twist – designate a Redeveloper before you see what other developers might do with the same area. This takes the LCOR RFQ play to a new dimension.
The new Request for Qualifications sets up an Exclusivity Agreement with a Designated Redeveloper. Will the Council pick this up? They seemed befuddled by this last Thursday
See guys, it starts very subtly. Looks like a normal procedure, but it’s a sucker play.
Shouldn’t the city have asked the Council whether they wanted to go this RFQ route first – before sending out the RFQ?
The sucker play fools the council “secondary” by justifying the designating of a redeveloper because if we designate a redeveloper the redeveloper will pay for the feasibility and planning studies. Doesn’t this sound familiar, Common Council?
The Letter of Transmittal with the RFQ states selection of the Designated Redeveloper will not be based on what that developer might do in the station downtown: to wit “The selection of the Designated Redeveloper will not be based on a predetermined development proposal.”
Will some one explain to me exactly why you would not want to just throw open the possibilities to anyone with the wherewithal? Wasn’t this why the Common Council tossed the Exclusivity Agreement last June 5?
Without knowing what someone else might have in mind how can you possibly make a decent decision on who to redevelop and what? A lot of money does not necessarily translate into a great project.
Is the council serious? Or just saving face? Is this madness?
When the Common Council knew about the proposal in the spring, which is now being repromoted around town, they appeared to like it enough to go along with the Exclusivity Agreement up until it became politically incorrect to do so.
Now, WPCNR also were told by a representative of SL Green/Reckson they are coming in with an office proposal to develop the same area.
Does the fact that the council will already know what one or two developers might do compromise the selection of the Designated Redeveloper?
The RFQ puts other developers at a distinct disadvantage.
The RFQ also gives developers only 30 days to submit their qualifications.
Sounds like a quickie, doesn’t it?
Looks like the same play all over again as last spring, doesn’t it?
The city said last spring they would not put out a request for a proposal because they would have to do studies first costing $1.5 Million.
Instead, now they are putting out an RFQ, to prepick a developer to do their study for them.
Now ostensibly the city administration offensive masterminds will say this RFQ is standard procedure and that it is being done so the city does not have to pay for the studies to develop the area.

The RFP Schedule for the study and community approval takes “the project” out to December, 2009 when it would finally be expected to be approved, after the November 2009 Mayoral election.
Well the city should pay for those studies.
They should select several different consultants to prepare different versions. If we were not so busy burning cash on affordable housing projects, open space no one uses, and parks we let become goose feces farms, maybe the city would have the money right now to pay for those studies.
What about the School District role?
The city school district has a much fatter budget than the city — $174.1 Million to $155 Million.
The city should have the school district pay half of that study money, anyway, because what goes down at the railroad station will affect the schools, too. The study should be a split with the school district, since the district is always asking more cooperation between city and school district. Even the Common Council has said they want the school district included.
Here is the ideal chance to start a new era. The District and the city should jointly fund the study and keep any developer out of it.
Conflict?
Otherwise, if the Designated Redeveloper does the studies there is an obvious conflict of interest in that the studies will tend to reflect what the Designated Redeveloper wants to do in the area. Sure, the city selects the study consultants, but it is always amazing how the consultants tailor things so as not to make waves.
I have yet to see feasibility studies paid for by a developer for a project that recommend the project the developer envisions does not work. We happen to recall one study that said the Main Street sewer could handle the effluent from a development and apartment towers effluent, however, the Commissioner of Public Works fought for a relining of the sewers based on his experience, holding out heroically to prevent “catastrophic” overflows he envisioned, which he saw would happen.
But good news, Common Council and Mr. and Mrs. White Plains!
According to the Budget and Management Committee meeting Wednesday evening of last week, they all think the city is in great shape financially.
So what’s $3 Million out of pocket, with the cash from the LCOR project, the city has that money – if it has not already been spent it to balance our budget that “is in great shape.”
Besides, we would not want any expense spared in preparing a definitive study of the area, would we?
What do you think, Council? Is it time to drop back into man-to-man and doubleteam this isolation play – the RFQ – which obviously favors any Redeveloper who already has a plan you might know about and are familiar with – and that you liked in the first place? (At least until we caught you at it.)
Let’s pay for that study ourselves and keep the developer out of it – then ask for Requests for Proposals.
Advantages to deep-sixing the RFQ
You would know what the area can support and not be beholden to a tailored study to support a project that is already out there. The RFQ actually has one project it envisions at various sizes:

The RFQ calls for six versions of projects to study, varying from 600,000 square feet of development of office and retail/restaurant to 1.5 Million square feet of office and retail space and residential in various mixes. It is essentially calling for a analysis of impact of various sizes of the same project.
It would appear that the RFQ is geared to one kind of project a combination of office space and retail or residential use and doubling parking. It raises the question of whether the RFP is broad enough in the project scope it details. Perhaps you might want a more loose definition of the project.
Advantages of Rewriting the RFQ.
You’re not locked into to a project upfront:
In the present RFQ, upon conclusion of the studies and the Community Review Process when the Council is then expected to amend the Comprehensive and Zoning Ordinances, if it does decide to do so, the Redeveloper then gets to submit a proposal. No one else can – according to this agreement, to wit:
“The Comprehensive Plan and Zoning Ordinance, whether amended or not, and the applicable urban renewal plans, as amended or adopted, shall provide the regulatory framework within which an application for a Redevelopment Project for the Property shall be submitted by the Designated Redeveloper.”

The above page in the RFQ shows that after the studies and the community approves the project the study arrives at as most feasible, (one of the six projects listed in the previous photograph), the city is obligated to let the designated redeveloper submit an exclusive project proposal.
Perhaps the Council might want to take a look at that and find some way that competing proposals could be solicited.
The Pre-Approval?
The RFQ and designating a redeveloper essentially is approving a project that the redeveloper studies which oddly enough has already been defined by the city, to wit the picture above.
The question is why this kind of project, why not a sports arena and hotel, forget office space. This RFQ may already be obsolete.
What would a thoughtful observant Common Council do?
Recall the RFQ and do the study themselves.
Otherwise, they are locking themselves into one vision which is what they said last spring they did not want.