City pressured to move on amphitheater at contentious meeting, but project appears sidelined due to missed deadline

BY JIMMY LAWTONNorth Country This Week

OGDENSBURG — An ambitious proposal to build an amphitheater at the city-owned Diamond property drew support from residents and debate among councilors Monday night, but the project remains sidelined for now.

That’s because it was submitted  outside the parameters and after the deadline for the property’s request for proposals.

John Ciccotti, a representative of the developer, spoke during the Aug. 10 City Council meeting to again press the city to consider the proposal, which he said is backed by investor Jeffrey Cohen.

Ciccotti urged the City Council to meet directly with developer Jeffrey Cohen and his team, arguing that Cohen has extensive business and real estate experience and the financial resources to undertake the project.

He said Cohen owns an island in the Bahamas, businesses and properties in New York and Florida and has previously developed and operated businesses, marinas and campgrounds. He said Cohen’s track record demonstrates his ability to carry out the proposed Ogdensburg development. He said Cohen has also offered to contribute money to clean up the adjacent Shade Roller property.  

The proposed amphitheater is being pitched as the catalyst for a broader waterfront redevelopment. The proposal created by JGK Strategics says  the venue would bring visitors to Ogdensburg and, in turn, create demand for additional waterfront amenities such as a boardwalk, docks, a marina, restaurants and other businesses.

Revised proposal

Ciccotti told council that their requested role for the city would be limited. 

He said Cohen would provide the private investment and be responsible for loans and bridge financing, while the city would be asked to sell the property under development conditions, sponsor environmental cleanup and submit a Local Waterfront Revitalization Program application.

Despite being included in their original proposal, on Monday Ciccotti said they were no longer seeking Downtown Revitalization Initiative funding for the amphitheater.

That clarification addressed a point of confusion surrounding an earlier version of the proposal. Mayor Mike Tooley said the proposal presented at the previous meeting described a $4.5 million venue financed with $3.25 million in public DRI funding and $1.25 million in private debt. 

The  revised information presented Monday stated that the project would not request DRI funding, but could seek help as part of the city’s Local Waterfront Development Revitalization program down the road.

City’s response

Despite the renewed presentation, council made clear that the proposal cannot be evaluated as part of the ongoing Diamond RFP.

Tooley said the city established a formal procurement process with submission requirements and deadlines, and JGK’s proposal was not submitted in accordance with those requirements.

Tooley said the proposal will not be evaluated as part of the current solicitation.

The mayor said  that the city had not independently reviewed JGK’s financial projections, development concepts, partnerships or other claims presented to council. 

Those representations, he said, should not be interpreted as having been validated or endorsed by city management or the council.

Council said it will not comment on proposals submitted through the existing RFP until that process has concluded.

Rising tension

The decision led to tension from the public and between members of council.

Councilor Dan Skamperele said he supported meeting with the developer and hearing a presentation. Councilor John Tebo also seemed supportive of that plan.

Skamperle said the developer  had been seeking a meeting with the city for roughly 18 months. He said that the council should at least conduct due diligence before allowing a potentially significant development opportunity to pass.

According to Ciccotti, Skamperle had spoken with Cohen personally prior to the meeting via phone. Ciccotti said he was present for the call.

Some councilors agreed that the project has potential; they also raised  concern about giving preferential treatment to a developer whose proposal missed the deadline.

Councilor Donna Trimm  said the issue was not whether the amphitheater was a good project, but whether the city could make an exception and maintain fairness with developers who submitted proposals. 

Council members also said the proposal needs the same type of financial and background review that would normally occur during an RFP evaluation. 

That could include verifying financing, letters from banks, proof of funds and the developer’s track record.

Deputy Mayor Jennifer Stevenson compared the situation to buying a house without a preapproval letter.

During the meeting Ciccotti expressed frustration with the council.

Ciccotti said the developer wants to work with city officials rather than engage in a legal dispute over the proposed project, but pointed out that they have attorneys as well.

He raised questions about the city’s RFP process for the Diamond property, arguing that it  covered the entire property rather than individual parcels. 

It’s not clear what he was referring to in that regard based on the information shared at the Monday meeting.

Ciccotti said the developers would provide councilors with whatever financial documentation they requested, but objected to having city staff directly seek information about developer Jeffrey Cohen’s finances. 

However, Ciccotti  said the development group would be willing to work with whoever is selected through the existing RFP for part of the property, but wants to pursue the remaining portion without another RFP.

He said the group has already submitted an offer of $275,000 for the property and that its letter of intent gives the city the property back if no development activity occurs within seven years, without requiring the city to return the purchase price.

Shade and Diamond

Officials  pointed out that the Diamond property also must be distinguished from the adjacent former Shade Roller property. 

The two sites are governed by different environmental and redevelopment processes, and confusion between them contributed to some of the public discussion surrounding the amphitheater proposal.

Shade Roller remains subject to environmental planning work involving the state Department of Environmental Conservation. The city said it anticipates issuing a separate RFP for that property once those activities are complete. JGK would be eligible to participate in that future competitive process.

For Diamond, the immediate path is less certain. Council members asked the city manager to consult with the city attorney about what options, if any, exist for council to hear directly from JGK without violating the city’s procurement requirements.

Officials said they wanted legal guidance on whether the council could initiate discussions with a specific developer before another RFP process and what steps and timelines would apply. The city manager agreed to consult the city attorney and provide answers promptly.

Public weighs i

Shannon Ferguson Thornhill, a local business owner who is working with the developers, told council that Cohen is prepared to purchase the former Diamond International property and provide the private investment needed for the development. She shared a detailed list of successful projects and grants associated with the consultants past work.

City resident Greg McNamara called the development plan one of the biggest opportunities to come before Ogdensburg and criticized the city’s use of an RFP process for waterfront development. Other speakers urged council to consider JGK’s offer and argued that the developer had demonstrated a willingness to invest in the city.

Ogdensburg business man Joe Howe also spoke at the meeting and appeared to be working with the developer. He pointed out that if the project moves forward, the developer would need office space and appeared interested in the city mall, which is located within the Downtown Revitalization Initiative footprint.

No movement

For now, however, the amphitheater remains a proposal rather than an approved city development.

Council’s position Monday was that the current proposal cannot be inserted into the ongoing Diamond RFP, while leaving open the possibility of additional discussions or a future competitive process. The city’s next steps will depend in part on the city attorney’s guidance and the completion of the existing Diamond procurement process.

No action was taken, but it appeared the council remained open to vetting the proposal separate from the Diamond National RFP discussions.

The full meeting can be viewed here.