Nonpublic minutes on 13-17 Hanson St. unsealed, but there's not much there there

City workers and equipment doing earthwork at 13-17 Hanson St. in Rochester in September. (Courtesy image)

ROCHESTER - Unsealed minutes from four nonpublic City Council sessions that addressed the creation of a "Pocket Park" at 13-17 Hanson St. reveal new details about how the project took shape, but little about how the idea came about.

They also don't mention any input from City Councilors during the four nonpublic sessions.

Rochester Economic Development Director Mike Scala has told The Rochester Voice the idea of filling in the cellar hole of the former Colby's Pub and turning it into a park occurred after two city councilors came to him last year saying it was unsightly. Scala refused to identify the councilors, however Porter's Pub owner Jim Hanley said last month he spoke with City Councilors Chris Rice and Doug Lachance last winter about his interest in leasing the land either from the owner or subleasing it from the city to use it for parking.

But the city ended up leasing it from Great Northern Properties of Exeter with a noncommercial clause, effectively blocking Hanley from utilizing the space in any way, whether it be parking or outdoor dining.

He said Rice and Lachance both told him that wasn't their intention.

"They said they didn't want that," Hanley said.

The unsealing of the minutes were requested by The Voice to better inform its readers on whether the city knew of Hanley's predisposition to lease the space for parking or any other allowable use like outdoor dining.

Hanley contends that improvements the city make to the space caused flooding in his basement on Feb. 10, costing him thousands of dollars to mitigate.

The first of the four nonpublics that dealt with the space occurred on April 20 when Scala said the cleanup of the space would cost about $800. At that meeting he also told City Council that his department would pay for the picnic tables. He also announced that DPW Director Peter Nourse would be in charge of the project.

At a June 1 meeting a request for the city to pay more for the lease than the owner's annual tax bill was rejected by the council, minutes show.

The only reference to 13-17 Hanson at a July 6 closed meeting included the owner's demand that he be granted immunity from any liability regarding the park while it is leased to the city.

Lastly, on Aug. 3, Scala notes that Nourse will be in charge of completing the park.

All of the minutes of the nonpublic session were taken by City Attorney Terence O'Rourke.

The space at 13-17 is being leased by the city of Rochester from Great Northern Properties of Exeter, whose principal is Justin Gargiulo.
Scala said the lease is a short-term affair while the owner defers development on the .24 acre lot.
Scala said the cost of the lease is a wash because they send Gargiulo a check for his property tax bill, and he sends it back to the city. Breitling Holdings, whose agent of record is Gargiulo, bought the property in 2017 for $135,000.

There was no discussion among councilors on whether or not to unseal the minutes requested by The Voice. The vote was unanimous to make them public.