What is the Pacific Park Conservancy? It oversees the open space. The developer's in charge, for a while.
This is the ninth of ten articles on the 11/19/19 Quality of Life meeting, which focused on the new B12 and B13 towers. The first concerned plans to finally move forward with Site 5. The second concerned the timing of the platform over the railyard. The third concerned the single parking garage entrance on the block. The fourth concerned the design of the new towers. The fifth concerned open space plans on that southeast block. The sixth concerned B4, Times Plaza, and the railyard. The seventh concerned art on the Dean Street construction fence. The eighth concerned recent traffic chaos around Disney on Ice. The tenth concerned the Pacific Park Owners Association.
Who's in charge of the open space? Well, there's something called the Pacific Park Conservancy, established by the Pacific Park Owners Association. The Conservancy was described somewhat vaguely at the meeting, but separate documents not discussed at the meeting help flesh it out.
Bottom line: developer Greenland Forest City Partners controls the Conservancy, and will for years, though there is provision for some community input. Later, the building owners will control it.
The purpose and the plan
According to the filing (below) filed with the Internal Revenue Service, the Conservancy was incorporated on 7/31/17 as a New York not-for-profit corporation. It's organized and operated to own, plan, program, operate, maintain, secure, and improve for public recreational and other charitable purposes the publicly accessible open space to be known as "Pacific Park." Yes, Pacific Park.
The Conservancy will be responsible for maintenance, operation, and security, including plantings, trash collection, and more. The open space will be built in phases, connected to each specific building. For now, the Conservancy may contract with a third party for services, but as the "park" nears completion, the Conservancy may employ its own staff.
Beyond the land deeded by ESDC, other property--the former streetbed?--"will be owned as permanent easements donated by ESDC as the owner of the property adjacent to Pacific Park."
The Conservancy will be funded by the Pacific Park Owners Association. "In the future," the document states, "the Conservancy may seek other charitable contributions and some revenue may also be generated by activities in Pacific Park, although there are no specific plans to pursue either such revenue source at this time."
Beyond the board oversight, and presence of a Parks Department representative, the open space is subject "to the reasonable approval of ESDC" (or ESD), the state authority which oversees/shepherds the project, and which established the Design Guidelines. "Finally, Pacific Park will be operated and maintained consistent with the practices of the DPR for comparable public parks," it states.
Hints--or boilerplate?--about a school and timing
Beyond the playgrounds, paths, landscaping, seating area and more, all in accordance with the project's Design Guidelines, the document states. "Additionally, at the option of the New York City Department of Education, a public school may be constructed adjacent, and with direct access, to the public space."
I'm not clear whether that's boilerplate, or whether it hints that another school might be constructed in a later project building, perhaps one of the last ones, over the northeast block of the project. Already a middle-school is being built in the B15 tower, 664 Pacific Street or 37 Sixth Avenue.
"The Conservancy will continue to receive contributions of land until it owns the entire eight-acre public space, a process which is expected to take up to ten years," the document states. That suggests project completion by 2027, which strikes me as very unlikely, given that the second phase of the platform might not be done by then, and a disclosure to condo buyers said the project was projected to be completed by 2035.
Membership
A question at the meeting: who's on the board, and does it include Community Board members?
Scott Solish, development director for Greenland USA and the project point man for Greenland Forest City Partners, said he wasn't certain but said he thought the requirement was in the project Design Guidelines. Actually, it's in the 2009 Modified General Project Plan from Empire State Development (ESD, or ESDC), the state authority overseeing/shepherding the project. It states:
At the meeting, Tobi Jaiyesimi, ESD's Atlantic Yards Project, said they'd post the list of Conservancy board members in either the Notes or Agenda for the meeting, on the ESD web site. As of this morning, the list isn't there. But it is accessible via documents downloaded from the New York State Charities page.
Two Members, 13 Directors
According to the bylaws (below), the Conservancy initially has two Members, the Pacific Park Owners Association, which represents owners of extant buildings, and Atlantic Yards Venture, the project developer.
Those Members can collectively appoint up to eight of 13 Directors, thus ensuring that the building owners or developer control the Conservancy. There's also one non-voting director, representing the city Parks Department.
For several years, until all eight acres of open space are completed, the Developer will appoint seven members, while the Owners Association will appoint just one director. After the project is completed, the Association appoints up to eight directors.
Beyond that there are to be two Directors appointed by Empire State Development, and three ex oficio, representing Community Boards, 2, 6, and 8. Directors serve for a year but can be reappointed indefinitely.
The list of directors
According to the Registration (below), excerpted at right, there are 13 board members, including six who are employees of affiliates of the project developer. There's one empty seat.
They include:
It's not clear who the other two Member appointments are, but one is likely the Conservancy's Chairperson and President, Ashley Cotton. She currently works for the real estate company L&L MAG, but formerly was Forest City Ratner's external affairs chief.
Cotton also lives at 550 Vanderbilt, as does fellow director Josie Mok, a former Forest City executive.
ESD has two appointees. One is obviously Alyson Beha, the authority's VP of Real Estate Development & Planning at ESDC. The other is likely Suma Mandel, General Counsel and VP of Strategic Partnerships of Brooklyn Bridge Park. (Update: correct.)
Martin Maher, a non-voting Director, is Commissioner of Brooklyn Parks with the New York City Department of Parks & Recreation.
Only two CB appointments, one pending
There seem to be only two Community Board appointments, including Glinda Andrews, chair of the CB 8 Parks Committee, and Sayar Lonial, then chair of CB 6.
CB 2 hasn't made an appointment. "A decision was made to decline the invitation," CB 2 District Manager Rob Perris stated in response to my query, "based on the observation that no open space had been constructed in Community District 2 and none would be for the foreseeable future."
The open space in Community District 2 would only come after construction of the platform over the Vanderbilt Yard, and then vertical development. That could take another five or six years.
Independent Directors
The Member that appoints the greatest number of voting Directors must ensure that the Board contains at least three voting Directors who meet the criteria for "independent directors" under the state Not-for-Profit Corporation Law.
The means a director who is is not, and has not been within the last three years, an employee or a key person of the corporation--the Conservancy--or an affiliate. The independent directors are not specified, but presumably the community board appointments, as well as those by ESD, would qualify.
Outside roles, influence
One question raised at the Quality of Life meeting regarded involving community members in the Conservancy.
According to the documents, Conservancy committees can include non-directors. The Conservancy board also may create any number of advisory boards.
Closing the public space
Solish said the rules said the open space could be closed only six to eight times a year for a private event.
According to the Design Guidelines, the Developer can close up to 50% of the open space on not more than 12 non-consecutive days or evenings a year, though not on public holidays. Public events can be held, on average not more than once a week.
Pacific Park Conservancy Registration and Board Members by Norman Oder on Scribd
Who's in charge of the open space? Well, there's something called the Pacific Park Conservancy, established by the Pacific Park Owners Association. The Conservancy was described somewhat vaguely at the meeting, but separate documents not discussed at the meeting help flesh it out.
Bottom line: developer Greenland Forest City Partners controls the Conservancy, and will for years, though there is provision for some community input. Later, the building owners will control it.
The purpose and the plan
According to the filing (below) filed with the Internal Revenue Service, the Conservancy was incorporated on 7/31/17 as a New York not-for-profit corporation. It's organized and operated to own, plan, program, operate, maintain, secure, and improve for public recreational and other charitable purposes the publicly accessible open space to be known as "Pacific Park." Yes, Pacific Park.
The Conservancy will be responsible for maintenance, operation, and security, including plantings, trash collection, and more. The open space will be built in phases, connected to each specific building. For now, the Conservancy may contract with a third party for services, but as the "park" nears completion, the Conservancy may employ its own staff.
Beyond the land deeded by ESDC, other property--the former streetbed?--"will be owned as permanent easements donated by ESDC as the owner of the property adjacent to Pacific Park."
The Conservancy will be funded by the Pacific Park Owners Association. "In the future," the document states, "the Conservancy may seek other charitable contributions and some revenue may also be generated by activities in Pacific Park, although there are no specific plans to pursue either such revenue source at this time."
Beyond the board oversight, and presence of a Parks Department representative, the open space is subject "to the reasonable approval of ESDC" (or ESD), the state authority which oversees/shepherds the project, and which established the Design Guidelines. "Finally, Pacific Park will be operated and maintained consistent with the practices of the DPR for comparable public parks," it states.
Hints--or boilerplate?--about a school and timing
Beyond the playgrounds, paths, landscaping, seating area and more, all in accordance with the project's Design Guidelines, the document states. "Additionally, at the option of the New York City Department of Education, a public school may be constructed adjacent, and with direct access, to the public space."
I'm not clear whether that's boilerplate, or whether it hints that another school might be constructed in a later project building, perhaps one of the last ones, over the northeast block of the project. Already a middle-school is being built in the B15 tower, 664 Pacific Street or 37 Sixth Avenue.
"The Conservancy will continue to receive contributions of land until it owns the entire eight-acre public space, a process which is expected to take up to ten years," the document states. That suggests project completion by 2027, which strikes me as very unlikely, given that the second phase of the platform might not be done by then, and a disclosure to condo buyers said the project was projected to be completed by 2035.
Membership
A question at the meeting: who's on the board, and does it include Community Board members?
Scott Solish, development director for Greenland USA and the project point man for Greenland Forest City Partners, said he wasn't certain but said he thought the requirement was in the project Design Guidelines. Actually, it's in the 2009 Modified General Project Plan from Empire State Development (ESD, or ESDC), the state authority overseeing/shepherding the project. It states:
The Conservancy or other not-for-profit entity will be funded in the first instance by the Project Sponsors, and when the surrounding parcels are developed, by the owners of the surrounding buildings within the Project Site... The Conservancy or other not-for-profit entity will be governed by a board, which will include representatives of the Project Sponsors, civic group(s) active in park matters, the owners of surrounding properties and, on an ex officio basis, the local community boards and the New York City Department of Parks and Recreation ("DPR"). The initial program and planning for the open space will be subject to the reasonable approval of ESDC, consistent with the Design Guidelines and any material modifications thereto will be subject to the reasonable approval of the City.The 550 Vanderbilt Offering Plan more clearly states that the Conservancy involves Brooklyn Community Boards 2, 6 and 8.
At the meeting, Tobi Jaiyesimi, ESD's Atlantic Yards Project, said they'd post the list of Conservancy board members in either the Notes or Agenda for the meeting, on the ESD web site. As of this morning, the list isn't there. But it is accessible via documents downloaded from the New York State Charities page.
Two Members, 13 Directors
According to the bylaws (below), the Conservancy initially has two Members, the Pacific Park Owners Association, which represents owners of extant buildings, and Atlantic Yards Venture, the project developer.
Those Members can collectively appoint up to eight of 13 Directors, thus ensuring that the building owners or developer control the Conservancy. There's also one non-voting director, representing the city Parks Department.For several years, until all eight acres of open space are completed, the Developer will appoint seven members, while the Owners Association will appoint just one director. After the project is completed, the Association appoints up to eight directors.
Beyond that there are to be two Directors appointed by Empire State Development, and three ex oficio, representing Community Boards, 2, 6, and 8. Directors serve for a year but can be reappointed indefinitely.
The list of directors
According to the Registration (below), excerpted at right, there are 13 board members, including six who are employees of affiliates of the project developer. There's one empty seat.
They include:
- John Bowen, Director of Property Management and Senior VP of Forest City Ratner
- Christina Chao, Marketing Director at Greenland US Holdings Inc
- Jen Kuang, Design Director, Greenland USA
- Stephanie Rosenberg, General Counsel for the San Francisco office of Greenland USA
- Clifford Schwartz, Deputy Chief Financial Officer of Greenland USA
- Scott Solish, Director of Development for Greenland USA
It's not clear who the other two Member appointments are, but one is likely the Conservancy's Chairperson and President, Ashley Cotton. She currently works for the real estate company L&L MAG, but formerly was Forest City Ratner's external affairs chief.
Cotton also lives at 550 Vanderbilt, as does fellow director Josie Mok, a former Forest City executive.
ESD has two appointees. One is obviously Alyson Beha, the authority's VP of Real Estate Development & Planning at ESDC. The other is likely Suma Mandel, General Counsel and VP of Strategic Partnerships of Brooklyn Bridge Park. (Update: correct.)
Martin Maher, a non-voting Director, is Commissioner of Brooklyn Parks with the New York City Department of Parks & Recreation.
Only two CB appointments, one pending
There seem to be only two Community Board appointments, including Glinda Andrews, chair of the CB 8 Parks Committee, and Sayar Lonial, then chair of CB 6.
CB 2 hasn't made an appointment. "A decision was made to decline the invitation," CB 2 District Manager Rob Perris stated in response to my query, "based on the observation that no open space had been constructed in Community District 2 and none would be for the foreseeable future."
The open space in Community District 2 would only come after construction of the platform over the Vanderbilt Yard, and then vertical development. That could take another five or six years.
Independent Directors
The Member that appoints the greatest number of voting Directors must ensure that the Board contains at least three voting Directors who meet the criteria for "independent directors" under the state Not-for-Profit Corporation Law.
The means a director who is is not, and has not been within the last three years, an employee or a key person of the corporation--the Conservancy--or an affiliate. The independent directors are not specified, but presumably the community board appointments, as well as those by ESD, would qualify.
Outside roles, influence
One question raised at the Quality of Life meeting regarded involving community members in the Conservancy.
According to the documents, Conservancy committees can include non-directors. The Conservancy board also may create any number of advisory boards.
Closing the public space
Solish said the rules said the open space could be closed only six to eight times a year for a private event.
According to the Design Guidelines, the Developer can close up to 50% of the open space on not more than 12 non-consecutive days or evenings a year, though not on public holidays. Public events can be held, on average not more than once a week.
Pacific Park Conservancy Registration and Board Members by Norman Oder on Scribd
Pacific Park Conservancy Bylaws by Norman Oder on Scribd
Pacific Park Conservancy IRS Filing by Norman Oder on Scribd
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