Saturday, July 10, 2004

Jimmy C's observations re:Liberty Commons Building

First of all, what was the rationale behind the goofy name "Liberty
Commons?"  In this person's opinion, this name has little significance to
the city or the specific site.  With all of the historical allusions that
could have been made, why Liberty Commons?  But that is a minor issue.

What does the recent announcement that Hill Wallack has pulled out of the
deal to occupy the uncompleted "Liberty Commons" building mean?  Besides
another black mark on our rough image.

To my mind it means that the EDCT totally failed in its fledgling and
flagship attempt to bring a decent sized corporation to downtown.

How did this happen, and more importantly, how can we reasonably assign the
blame and correct the mistakes?  First person we should ask is Elgin
Clemens, the first and, so far, only Executive Director of the Nonprofit. 

Unfortunately, we can't inquire of him because Mr. Clemens has, as the
popular expression goes, "left the building." 

However, one has to assume he was responsible for
a) securing the funding for the project and
b) negotiating the lease with Hill Wallack.

In either case, there seems to be some serious miscalculations that went on
here.

Securing the funding would have had to have been based on realistic cost
estimates, based upon the proposed tenant's needs and specifications, the
architectural plans for same and the ensuing construction costs that would
be incurred to make the first two a reality.

Recouping the cost of building, fitting out and leasing the space should
have been the basis for negotiating the cost of the lease with Hill Wallack.
It appears as though we were so desperate for a tenant that negotiations
went distinctly in favor of the prospective tenant to the detriment of the
project. 

Construction was started without final financing in place and only because
the lead contractor on the job advanced $3 million to the project in the
hope of meeting the tenant's "drop dead" completion date. 

We're being led to believe that the tenant kept making changes to the
buildings specifications that kept the costs increasing.  That shouldn't
have been a problem if the lease specified the extra costs were to be
incurred by the tenant.  But apparently that wasn't the case.

Without having first hand, personal knowledge of the whole scenario, it
appears as though Mr. Clemens and/or the EDCT staff made a basic
error...they allowed Hill Wallack to negotiate a very favorable lease that
allowed for changes and upgrades at no additional increase in rental rate. 
These changes pushed the final price higher to the point where funding was
difficult to get. And they forced the completion date backwards to a point
where Hill Wallack couldn't/wouldn't wait to occupy the premises.

Construction progressed to the point where the contractor used up the $3
million advance and no more money was in place.  Progress was halted while,
quietly, there was (I hope) a scramble to secure the rest of the financing. 
Once it started to become obvious to the general public that nothing was
being done...and this took awhile because work continued on the accompanying
parking garage being built independently by the Trenton Parking
Authority...we had a big public relations flurry about City Council devoting
$3 million in Urban Enterprise Zone (UEZ) funds from the city to the
project. 

Essentially the entire pool of UEZ money was given to one project rather
than being spread around and the (implied) assumption was that this would
close the gap that existed in the financing to complete the building. 
Unfortunately, it appears as though this money only went to repay the
contractor's advance not further the project.  Unless paying off one
significant debt counts as furthering the project even though there is still
no money to complete it.

No funding.  One loan paid.  No further construction.  Now what.

The EDCT Executive Director leaves and the project is stalled.  Then, the
once and future tenant announces, on the afternoon before a long holiday
weekend,  they are withdrawing from the deal because there is no way the
building can be completed on time.

The city, meanwhile, has basically committed its entire pot of UEZ funds to
this sole project (presumably to repay the contractor's advance) instead of
having it to spread around to other, smaller, projects and we are left with
an incomplete building and no committed tenant. 

But wait.  All is not lost.  We are being told there are other interested
parties. 

Or do we?

Where were these other interested parties when the EDCT was twisting arms
and promising the world to Hill Wallack to get them to agree to move here
(an agreement, that some wags suggest was never, ever, intended to be
carried out)?  Were they afraid to compete for the sweetheart deal because
of lack of ties to the administration and EDCT?  Or, did the interest only
arise when it appeared as though a large private firm was relocating to
Trenton, signaling that all is well and good and the time is ripe to move
here?

In either case, it's hard to believe that there are other private tenants
waiting for office space in downtown Trenton.  Other corporations waiting to
snap up the lease on this as yet uncompleted building (and please prove me
wrong on this).

Had enough?  I hope not because there is more.

What of the fact that former Trenton Director of Housing and Economic
Development Dennis Gonzalez landed an as yet undisclosed position at the
EDCT weeks before Mr. Clemens's departure and the public announcement that
the Hill Wallack deal was dead?  How/why does this figure into the mess? 
And is it true that he was paid a "signing bonus" to come on board at the
EDCT?  If so, where did that money come from if they can't find the funding
to successfully put together their flagship project?

And what about the EDCT Board's role in all of this.  Isn't it their
responsibility to ensure that the entity conduct's itself in a responsible
and successful way?  Did they just give "carte blanche" to the Executive
Director to go out and make things happen without keeping a serious eye on
the deals being made?  Or were inquiries and requests for information
thwarted in an attempt to keep the proceedings underwraps rather than under
scrutiny?

Was the board kept at bay by the City Administration's typically
need-to-know-basis of communication?  Were they as in the dark as the
general public? Is it because our administration chooses to operate in a
closed door, back room manner rather than be up front about its shortcomings
and failures?

Finally, why is it Trenton cannot seem to get things done in a reasonably
efficient and effective manner?  We seem to constantly trip over our own
feet as we try to step out of mediocrity into a progressive mode. 

My opinion, based on little more than gut feeling, reading between the lines
and the "word on the street" is that the EDCT failed because:
a) the Executive Director's was unable or uncommitted to doing the job well
(or both)
b) the City Administration tried to hard to get land a high profile project
without adequate due diligence and responsibility
c) the Board of Directors was for some reason unable to exercise the proper
oversight of the EDCT's operations and thus forestall this calamity.

Somebody please give me proof that I'm wrong.

Jim Carlucci

Tuesday, July 06, 2004

Jimmy C's Weekly Calendar

Here's this week's lineup as we know now.  As always, additions, comments,
deletions are welcome. -- jc 

Monday, July 5
Holiday--no trash collection in the city of Trenton.

Tuesday, July 6
6:00 PM Rutherford Avenue Neighborhood Improvement Association, West Ward
Civic Center.
7:00 PM South Trenton Area Resident's Society, First Baptist Church, Bridge
and Centre.

Wednesday, July 7
7:00 - 9:00 PM, Free Concert, Tone Rangers, Franklin Park.
7:30 PM Old Mill Hill Society monthly meeting, Mill Hill Saloon, Broad and
Market Sts.
7:30 PM Traditions, a coffee house. Admission is $10 per person. Hot and
cold beverages are included in the admission, desserts are available for
purchase and all proceeds go directly to our Education Programs. Old
Barracks Museum.  For more information or reservations, please call
609-396-1776 or 888-BARRACK

Thursday, July 8
5:00--10:00 PM, Martini Thursday Networking Session, Conduit. For info call
Doug Smarr 609-532-8396 or Charles Hill 609-954-8492
7:00 PM Cass Street Civic Association, 722 Cass Street.
7:00 PM Planning Board, 2nd Floor, City Hall
7:00 PM TCCA, Thomas Edison State College

Friday, July 9
11:00 am - 2:00 pm  Foodway Fridays, Gardening, Cooking & Craft
Demonstrations.  Trent House.  989-3027

Hill Wallack Move Dead - The Trentonian

Law firm not moving to Trenton

ANDRIA Y. CARTER - Staff Writer 07/03/2004

The Economic Development Corporation of Trenton announced yesterday it has
released Hill Wallack from its lease for the uncompleted Front Street office
building.

EDCT officials were close-mouthed about the situation, answering only a few
questions when asked about losing the Princeton-based law firm and the
future of project.
  
"While we regret losing Hill Wallack and appreciate their ongoing efforts to
make this project a reality, the EDCT remains committed to fulfilling our
original mission of providing a private, tenant-occupied building to the
city of Trenton by pursuing other alternatives for the building," said Tom
Bracken, EDCT?s board chair.

Construction had stopped on the five-story building two months ago as EDCT
sought final funding for the project. Currently Trenton?s Parking Authority
is constructing a 600-space parking garage on the site. The original
completion date for the project was Oct. 1.

The city has applied for a $3 million urban economic zone grant. The project
is estimated to cost $15.7 million.

Other parties have expressed interest in the building, Bracken revealed when
pressed further on the topic. "We?ve had other expressions of interest and
there are a couple of other opportunities," he said.

Mayor Doug Palmer expressed his disappointment regarding Hill Wallack having
to pull out from the deal. Palmer noted the law firm?s managing partners
continue to be supportive of Trenton?s development renaissance and vow to
look at the city again in five years.

"I am very disappointed that EDCT could not pull this off in the time that
Hill Wallack needed to come in," Palmer said.

Because EDCT could not meet the Oct. 1 deadline, the law firm could not take
the chance of waiting until the building was completed possibly by December.
The law firm signed a five-year lease with Boston Properties allowing it to
remain at the Carnegie Center in West Windsor.

Despite EDCT?s setback with the project, Palmer believes it does not tarnish
the city?s commitment to bringing more private enterprise into the area.
Palmer said several companies want to move into Trenton, but are faced with
high costs due to the lack of available office space.

"The bottom line is the site will be developed. ... We don?t want to lose
the momentum. There is a tremendous need for private office space in
Trenton," Palmer said. - ŠThe Trentonian 2004



Hill Wallack Move Dead - The Times

Law firm drops plan to relocate in stalled Liberty Commons site
Saturday, July 03, 2004
By ALBERT RABOTEAU - Staff Writer

TRENTON - In a major blow to long-running efforts to boost the downtown
economy, the highly-touted move of a major law firm to East Front Street
from the suburbs is off.

Hill Wallack of West Windsor was expected to bring employees with disposable
income and long work hours to an area of the city that is largely deserted
on weekends and after the evening exodus of state workers. Area shopkeepers
and restaurateurs had looked forward to Hill Wallack's arrival, as did city
politicians who cited it is as evidence of the capital becoming more
attractive to corporations.

People involved in the project on all sides said it failed because of timing
and not a lack of will.

Hill Wallack's lease at Carnegie Center ends Oct. 1, and the office building
under construction for it, Liberty Commons, is behind schedule, with little
or no work having taken place in two months, if not more, because of
uncertain financing.

Early this week, the nonprofit Economic Development Corp. for Trenton
(EDCT), which is developing the building, told Hill Wallack that
construction might last until April, said Henry Hill of the firm. He said
his firm could not get a short-term lease at Carnegie Center until Liberty
Commons is done and now is looking for an alternative on short notice, with
one option being staying put.

"Yes, we're disappointed," Hill said. "It's required a total reassessment of
what we're going to do in very little time." He said he knew of no other
city location offering the 45,000 to 50,000 square feet of space his firm
needs.

Meanwhile, Liberty Commons remains a five-story, steel skeleton with some
prefabricated wall panels attached, and losing the anchor tenant is unlikely
to help the EDCT with its financing.

The building's future is unclear, though Mayor Douglas H. Palmer said, "Next
year this time, people will be in there. That's my prediction. You can't
leave it standing there. It's not a work of art." He said the building is
intended for a private employer and he would not support an effort to locate
state offices there.

The state is the largest downtown employer to a huge degree and its numerous
buildings are tax exempt, which city officials often lament.

The EDCT board comprises area business leaders, including Times Publisher
Richard Bilotti.

Palmer said the city could take the property back should it desire and,
ultimately, is keeping all options open, although, "I feel strongly that the
EDCT has to be part of whatever happens."

The site formerly was a city-owned surface parking lot. A Trenton Parking
Authority garage under construction adjacent to Liberty Commons is expected
to be completed by the end of the year.

When work on Liberty Commons will resume "depends on what we decide to do,"
said Tom Bracken, EDCT chairman. "We're not dead," he said. "It's just that
we have to find a different tenant. Hill Wallack would have been a great
tenant, but circumstances involved with their lease isn't going to let that
happen."

Bracken, president and chief executive of Sun National Bank, later said,
"The intention here was to bring private development and private enterprise
and private companies to the city of Trenton and that's still what we're
pursuing."

The EDCT either sought or got considerable public dollars for its project,
including $3 million from the city's Urban Enterprise Zone account,
essentially all such money the city had, a property tax abatement, and some
$3 million in state grants or loans.

Bracken referred detailed questions on the project's construction and
financing to EDCT staff, none of whom could be reached yesterday.

Last month, now-former EDCT Executive Director Elgin Clemons said the
organization initially expected to spend $11.8 million but as of that time
was trying to line up $15.8 million. He said Wachovia was loaning money to
the project.

Wachovia's representative on the EDCT board, Susanne Svizeny could not be
reached.

Citing medical reasons, Clemons has resigned from the EDCT. A message left
on his cell phone was not immediately returned.

Clemons has said part of the cost increase was due to a misunderstanding
over how much floor space Hill Wallack needed, which required changing the
design to cantilever the building, bringing the second though fifth floors
out beyond the ground floor to increase the square footage from 65,000 to
71,000.

The EDCT announced the collapse of its deal with Hill Wallack yesterday in
an afternoon fax.

No one at the company that started building Liberty Corners, Costanza
Contracting Co., was present to talk about the project, said an employee.
She cited the looming holiday weekend to explain their absence.

Without identifying them, Palmer said several potential tenants "have
expressed strong interest in being in the building that don't have the time
pressures that Hill Wallack has."

He also said Hill Wallack had indicated to him they might be willing to
consider a move to the city again in several years. Hill said the firm is
doing an increasing amount of government relations work, for which the city
is an ideal office location. - Copyright 2004 NJ.com. All Rights Reserved.