From the article:
"As of today, they are totally in compliance, and we've received all the money that was owed to us today," Supervisor Mary Ellen Heyman said Wednesday. "We've protected the taxpayers ... and now, it's time for the developer to step up with how he's going to move forward."
That was July 19th.
"Congel's development firm already has paid the town $300,000 and the school district $100,000, Heyman said, as was mandated in the agreement.
The next step would be an additional $250,000 payment when the first building permit is issued, and a $500,000 payment to the town on what is known by the legal term of "entitlement date."
That date is described in the tax abatement agreement as the same date as the "effective date," which was April 7 — unless there is any legal challenge to any aspect of the project. If that occurs, the entitlement date is backed up to 12 months later. As spelled out in the agreement, demolition also must start within 60 days after the entitlement date.
Town officials would not specify when the entitlement date is or will be.
"I'm not aware of any litigation that has been commenced, but I would not agree that the date for a challenge against this project has expired," said town attorney Patrick Malgieri, who said he has not talked with Congel or his representatives since April. "I don't believe that the obligation to pay the $500,000 has been triggered yet. I don't have any concerns. There is nothing to indicate that they won't meet the obligations."
Hmmm......According to the FINAL PILOT agreement:
$500,000 was supposed to be paid to the Town ON the entitlement date..
The "effective date" is April 7th, 2009.
The "entitlement date" is the same as the "effective date" - April 7th, 2009.
Demolition was supposed to have started 60 days after the entitlement date.
It has been over 120 days since the entitlement date, yet, no demolition has started at Medley Centre.
Within the FINAL PILOT agreement, there are options to extend.
But the Town's lawyer says:
"I'm not aware of any litigation that has been commenced, but I would not agree that the date for a challenge against this project has expired," said town attorney Patrick Malgieri, who said he has not talked with Congel or his representatives since April. "I don't believe that the obligation to pay the $500,000 has been triggered yet. I don't have any concerns. There is nothing to indicate that they won't meet the obligations."
Some things I am concerned about:
-The Town attorney has not talked with Congel or his representatives since April.
-$500,000 was supposed to be paid to the Town on the entitlement date, and it hasn't been paid yet.
-Demolition was supposed to have commenced 60 days after the entitlement date, and it hasn't commenced yet.
-Congel has not secured financing for this behemoth project, yet, he is enjoying property tax breaks for his IDEA of a project. Tax breaks for a concept.
But....no concerns! None at all!
Yup, yup, yup....everything's fine.
