Atlantic Yards CDC advisory meeting cancelled for lack of a quorum, but the topics could've been/could be discussed publicly, right?

Yesterday's scheduled meeting of the (purportedly) advisory Atlantic Yards Community Development Commission (AY CDC)--my preview--was cancelled at the last minute, due to the lack of a quorum, and will be rescheduled. It wasn't the first time.

The AY CDC has eleven listed Directors, but a couple have checked out, a few attend more sporadically, and, of course, it's not easy to get people together in the summer. 

The board is supposed to have 14 Directors, as established in a 2014 settlement between the state and the BrooklynSpeaks coalition, but it's been difficult to fill those slots, especially the nine gubernatorial appointees.

While some Directors have pressed the parent Empire State Development (ESD), the state authority that oversees/shepherds the project, for more information, the board is too often disregarded or disengaged.

One example: why didn't ESD explain, at the previous AY CDC meeting, why the "Pacific Park" open space needed work, as I documented yesterday? 

What design or operational changes could deter the impact of dogs? What does that say about the impact of a significant new population that outpaces the existing open space?

Why not go public?

The meeting will be rescheduled for another date, but the announced Agenda topics of the meeting--Updates and Follow-Ups, involving Public Engagement Process Planning--could still be shared with the public.

Why not?

Quorums are only needed when there is actual business to be done, such as a vote on the AY CDC budget, or a vote to support (or not) and ESD action.

In March 2024, as I reported, the informational aspect of the meeting proceeded anyway for the five directors present.

If ESD has a new permitted developer to announce--a joint venture led by Cirrus Real Estate Partners?--they could've said so and taken a few questions.

If ESD wants input on how to make a public engagement process work, well, they could discussed that.

In both cases, they could still publicly share the information, spurring public discussion. After all, ESD hasn't paused its work because of the lack of a quorum. Nor has Cirrus and partners.

Past discussion

At the Aug. 8, 2024 AY CDC meeting, Director Gib Veconi brought up plans for the project's other remaining parcel: Site 5, the parcel catercorner to the arena, currently occupied by the big-box stores P.C. Richard and the now-closed Modell's. 

It's bounded by Atlantic, Flatbush, and Fourth avenues, and Pacific Street. The latter is mostly row houses on the south side, marking a transition into Park Slope, while Fourth Avenue was rezoned for towers mostly 12-16 stories.

Looking south at Site 5

While that parcel was approved for a 250', 439,050 square foot tower in 2006, the developer--then Greenland Forest City Partners--in 2015-16 proposed a giant two-tower project, thanks to moving bulk from the unbuilt B1 tower (aka "Miss "Brooklyn") that would've loomed over the arena. 

That would've effaced the Urban Room, a public atrium and arena entrance attached to the tower, and made the plaza permanent.

Then it sought more.

In the 2021 Site 5 Interim Lease, as detailed in Exhibit K at right, Greenland USA (with Forest City out) got ESD to support an even larger project, with the taller tower rising 910'.

Exhibit K, observed Veconi, "has the effect of transferring density from the arena block to Site 5, reprogramming that density from commercial to residential, removing the Urban Room from the project, making the public plaza outside of Barclays Center permanent and creating a loading dock on Pacific Street," he observed.

Such things all require environmental review under state rules, "but these were all agreed without environmental review," he observed, suggesting that, despite that expected future public process, the developers "would probably" consider the promises binding.

He asked ESD if Exhibit K was binding. Could the lease be amended for less density or other commitments?

"That document," responded ESD's Joel Kolkmann, Senior Vice President, Real Estate, "says that ESD would endeavor to move forward with a public approval process for that."

It didn't move forward. Arden Sokolow, Executive VP, Real Estate, as I reported, told Greenland that, because the Site 5 changes “will involve public hearings and may face opposition,” ESD sought “better visibility into timing of the Platform" over the railyard--which would support the B5-B10 towers--"and your ability to meet” affordable housing obligations.

Ultimately, Greenland in late 2023 faced foreclosure of its rights to build the railyard towers. Now it may be part of the Cirrus-led joint venture. 

ESD has suspended collecting $2,000/month damages for each of the 876 affordable housing units not delivered by May 31, though Greenland, despite its imminent loss of the railyard development sites, still retains the valuable Site 5 and B1 parcels.

Now what?

At that meeting last August, Kolkmann, who like the other ESD executives joined the authority after that lease was signed, reiterated that the document obligates them to pursue approval for the changes cited.

"Without the outcome of that process having been predetermined," chimed in AY CDC Chair Daniel Kummer.

"It could be through a public approval process that those things change," Kolkmann observed. 

Veconi said it's not typical. True, but there have been some reductions in the bulk and height of towers, after they had been increased. Developers often ask for more than they need, leaving room for a seeming compromise.

Veconi noted the failure to mention affordable housing, given the additional residential density sought, "but I assume that other requirements could be added."

Kolkmann said yes, noting that changes would emerge from a community engagement process. The question, of course, is whether that process at this point could be legitimate.

Outside consultant?

Director Ron Shiffman also brought up the 2018 suggestion, as I've referenced, by then-Director Jaime Stein that an independent consultant help the AY CDC board evaluate the impact of the process.

"I'm not sure we have anything in the budget for that," Kummer observed. "I agree that it could be very useful."

Kummer suggested that some in the academic community might help. Shiffman cited the the Brooklyn office of the Department of City Planning and the Borough President's Office.

Community engagement

ESD pushed back somewhat. "We want to do a community engagement process," Kolkmann said. "I think those voices can be a part of a community engagement process." 

Analyzing a draft document acquired via FOIL, below, I observed that the process might just be tinkering at the margins.

ESD's Sokolow suggested that community engagement couldn't start without a project proposal. "You need to have a thing to get people to sort of talk about the impacts of that thing," she said. 

Sure, I observed at the time, though the proposal often serves as an anchor for discussion, while multiple proposals--as, perhaps, an outside consultant might produce--could offer more flexibility.

Today, likely Cirrus is preparing a proposal. We haven't seen it. 

So, was ESD contemplating discussion about a process before they had the proposal? If they want to get the process behind the process started, that assumes they're expecting the proposal reasonably soon.

What now?

Meanwhile, questions I posed publicly--and sent to the AY CDC as public comment (below) by resident Robert Puca--remain.

For example, will ESD do anything to ensure transparency, for example, to explain what entities—Cirrus, Greenland, Fortress Investment Group, U.S. Immigration Fund?—own interests in the project, what percentages they own, and how they acquired them?

ESD could share that information right now.

If the project faces a legitimacy problem, the more information shared would help. The developers aren't taking the summer off. Neither is ESD. 

Just because the AY CDC couldn't muster a quorum, the information ESD sought to share is still of importance to the public. Let's see how soon the meeting is rescheduled.