The Agency and city were also able to use agency powers and federal and state tax laws to include parking for the owners of two of the acquired properties in the new municipal parking garage, one a private law firm and the other legal services of the Hudson Valley. The Agency was able to accomplish this because federal and state tax laws permit up to a maximum of 10% of certain types of municipally funded capital projects to be for private use. The parking garage could not be built without acquiring the privately owned  property, and providing parking for the two private owners was critical to negotiating the acquisition of their property. By coming to an agreement with for the parking spaces in the municipal garage, The Agency was able to avoid the cost and lengthy process of condemnation in the post-Kelo environment. The Agency was able to negotiate the acquisition of the other two privately held vacant parcels needed for the project.
The end result of this public private partnership, is a new parking garage which meets the needs of the city's regional hospital, and the businesses and residents of the area, a new and improved home for Legals Services of the Hudson Valley, and a new home in a state-of-the-art assisted living facility for 91 elderly who can no longer live on their own. This project would never have been possible without the creative use of the city's urban renewal and municipal powers. The Agency and the city want to thank their participants and property owners involved in this redevelopment project: the administration and board of directors of the White Plains Hospital Center, White Plains Kensington, LLC., Cuddy & Feder LLP, Legal Services of the Hudson Valley, Inc., and The Agency's outside legal counsel Randolph Meyer from the firm of Fulbright & Jaworski L.L.P.

Joseph Delfino is the mayor of White Plains, N.Y. Tags: