Willets Point project is a 10-year long joke

Dear Editor (Queens Chronicle):

While a slice of bread is better than nothing, it is a poor substitute for the whole loaf, particularly if the single slice is stale.

The Feb. 8 Queens Chronicle editorial “Is the future of Willets Point finally here?” is legitimate in utilizing a question mark. It has been 10 years since approval of the 2008 Willets Point Plan, which involved 23 acres with 5,500 housing units. The current plan is limited to six acres said to accommodate 1,100 affordable units, a 450-seat elementary school, retail and some open space. Six acres is a pittance, hardly enough space to accommodate just a school, let alone what is planned. The bulk of the area consisting of 17 acres is left in political hands, and at this time is left open without the slightest transparency of what and when anything of substance will come to pass.

Given the length of time that has transpired since 2008 and continuation of involvement of the Queens Development Group, which consists of the Mets ball club owners, the Wilpons, their Sterling Equities and the Related Companies, one must have deep concern about the current proposal.

The QDG’s credibility is so slight it could not be visible even under a powered microscope. It was deceitful in accepting the original plan because what the developers really intended was to build a gambling casino, and when that failed, the project lay dormant until they came up with an even more absurd plan. They claimed they could not proceed with the original plan because they could not afford to do so, and needed to construct a 1.4 million-square-foot mega shopping mall on the Citi Field parking lot to generate the money they would need. The QDG’s owners had a portfolio of at least $20 billion consisting of many apartments and were in fact one of New York City’s largest landlords, and owned thousands of other properties in the country.

While there may well be “nothing rotten in the state of Denmark,” methinks there is something rotten in the City of New York. There has been no explanation for the current plan and no rationale for not including the left out 17 acres — nor any justification for why the original 2008 Willets Point Plan cannot now be accomplished. Mayor de Blasio’s support for an absurd six-acre deal is a sham for which he should be ashamed. The six-acre plan is the epitome of a lack of municipal transparency, and must be rejected.

Benjamin M. Haber
Flushing

Plan in effect for small piece of Willets Point

From a mayoral press release:

Mayor Bill de Blasio, Borough President Melinda Katz and Council Member Francisco Moya today announced an agreement to jumpstart construction of 1,100 affordable apartments on six acres of Willets Point – an increase of 225 affordable homes over the original development proposal. The new homes will be the first built on the wider Willets Point site which was approved for development by the City Council in 2008.

The new plan is for three, 100 percent affordable buildings including a standalone building with 220 homes for low-income seniors and also apartments for families at lower incomes than originally proposed. The plan also includes public open space and a new 450-seat public elementary school.

To identify community priorities and produce recommendations for the remainder of the 17 acres of the Willets Point development site, the mayor also announced the formation of a task force, chaired by Borough President Melinda Katz and Council Member Francisco Moya. The task force, initially proposed by Council Member Moya, is modeled on the steering committee that developed the framework for the Greater East Midtown Rezoning.

Who died and left these two in charge? How do you just totally switch around what the City Council agreed upon? Shouldn't the process go out to bid again?

From Willets Point United:

From the outset of the proposed Willets Point development, it has been understood that a developer would be selected via a competitive sealed proposal process.

The City’s selection in 2012 of Queens Development Group (QDG) to develop phase one of Willets Point – to the exclusion of all other firms that submitted proposals – was predicated on QDG’s unique proposal that expanded the project to include a mega-mall on public parkland (leveraging a lease already held for said parkland by the Mets’ owners, who comprise half of QDG).

In the aftermath of the Court of Appeals decision which prevents QDG from implementing its proposal, Mayor de Blasio should have immediately availed himself of the opportunity afforded by the contract between QDG and the Economic Development Corporation (EDC), to rescind the sale of Willets Point property to QDG and cancel the contract award. Then, the City would have been free to issue a new request for proposals (RFP) to the entire present-day development community, for the “new” six-acre project which apparently is now the priority.

Instead, there has never been a competitive sealed proposal process for development of six acres of Willets Point property stemming from the intersection of Willets Point Boulevard and Roosevelt Avenue. Think of it: A reasonably-sized, six-acre project would likely attract a larger pool of developer proposals than did the 2012 RFP which encompassed the enormity of the Willet Point phase one site. There is absolutely no basis to think that QDG is the “best” developer for this six-acre site and configuration, because the de Blasio administration did not implement any competitive sealed proposal process (although it should have done so).

In its article published on February 6, 2018, the New York Times repeatedly refers to the six-acre project as a “new plan” and “new deal.” We agree, but wonder why there was also not a “new” RFP and “new” competitive sealed proposal process to determine it.

Willets Point, in total, is 62 acres. The city was supposed to develop the entire thing. Millions of dollars later, they're settling on 6 acres or 10%. You gotta love our government.

City about to transfer 23 acres of land to developer without approved plan

From Willets Point United:

Through the Willets Point grapevine, we hear that the City is about to transfer ownership of 23 acres comprising the “Phase One” area of Willets Point, to Queens Development Group (“QDG”) – the joint venture of Sterling Equities (whose owners also own the New York Mets) and The Related Companies that the Bloomberg administration designated as the developer. This is the infamous give-away of 23 acres of valuable taxpayer property, which cost hundreds of millions of public dollars to acquire, to developers for the unjustified price of $1 (one dollar).

For the de Blasio administration to proceed with this sale at this time is outrageous and potentially illegal, for reasons summarized below.

First, Bill de Blasio is squandering a golden opportunity to cancel the Bloomberg administration’s planned, unjustified give-away of hundreds of millions of dollars worth of taxpayer property to QDG for the price of $1 (one dollar), and instead to establish a legitimate price that is truly in the taxpayers’ interest.

Second, recall that the key reason that QDG was chosen to develop the Willets Point Phase One site, to the exclusion of several other developers that had submitted proposals, was that only QDG claimed to be able to expand the project by constructing its proposed “Willets West” mega-mall on public parkland located west of Citi Field stadium. If QDG is now unable to deliver that mega-mall on parkland, then the basis for choosing QDG as the developer in the first place no longer applies. Allowing QDG to develop the Willets Point Phase One property despite QDG being unable to deliver the Willets West mega-mall is to allow a “bait-and-switch” on the grandest of scales.

Third, it appears that the de Blasio administration is on the verge of transferring ownership of all lots that comprise the 23-acre Willets Point Phase One site to QDG for $1 (one dollar), on the basis of authorizations granted by then-Mayor Bloomberg and the Queens Borough Board during December 2013, pursuant to City Charter § 384(b)(4).

Since the City acquired additional lots within the Willets Point Phase One area after December 2013, whose sale could not have been authorized pursuant to City Charter § 384(b)(4) during December 2013, new authorizations of Mayor de Blasio and the Queens Borough Board are necessary before all of the lots within the Phase One area may legally be transferred to QDG.

Fourth, Francisco Moya, who has been elected the new City Council representative of Willets Point and nearby neighborhoods, previously announced his own plan concerning Willets Point development. Among other aspects, Moya intends to form an advisory council of neighborhood stakeholders, to evaluate and help to guide development decisions.

No irreversible action, including property sale, should take place at Willets Point before Councilman-elect Moya’s advisory council is in full operation and has had ample opportunity to significantly participate in decision-making.

AG comes up with bogus reason for mall support

From the Queens Chronicle:

After the Chronicle mentioned that Schneiderman has received thousands of dollars in campaign contributions from members of the Queens Development Group — a joint venture between Sterling Equities and the Related Companies — a Schneiderman spokesman, Doug Cohen, cited innocuous government interests as the real reason the Office of the Attorney General is involved.

“As the lawyer for the State, OAG is acting at the request of State [Department of Environmental Conservation] and the State Office of Parks, Recreation and Historic Preservation, which identified State interests related to future environmental clean-ups, and the proper uses of parkland,” he said.

Judges skeptical of mall on parkland

From the Daily News:

The state's highest court tossed a curveball to the city and a Queens developer hoping to build a $1 billion mall near Citi Field.

At least four judges on the six-judge panel of the Court of Appeals appeared skeptical of arguments by the city, state and developer, Queens Development Group, that the mall could be built on a parking lot designated as parkland.

“The primary purpose of this activity is a private purpose: to lease space and set up a shopping mall so people will spend money in the context of going to a sports event,” Justice Eugene Fahey said Tuesday. “Aren’t we required . . . that this particular development be approved by the Legislature?”

The oral arguments, which took place in a special session in White Plains, revolved around the 1961 law allowing the construction of Shea Stadium in Flushing Meadows Park. The mall and movie theater, dubbed Willets West, would be built on the 30-acre site where the stadium once stood.

Assistant Solicitor General Anisha Dasgupta argued for the state that the proposed mall does have a public benefit because it will include public spaces and free attractions that go beyond a standard retail center. She noted a rooftop garden would be open to kids.

City attorney Michael Pastor echoed that argument.

“This is a public attraction. . . It’s a large public space. There’s public programming there,” he said.

But those public benefits didn’t override the project’s overall purpose, which seemed to conflict with the law’s original intent to allow a ballpark in the park, Fahey said.

“We can clearly see the economic viability of the project,” he said. "(The law) was aiming to provide a home for the Mets . . . now how far can you go askew of that?”

Appeals court rules that mall on FMCP parkland violates law

(QUEENS, NY) Today, State Senator Tony Avella, along with the City Club of New York, Queens Civic Congress, members of Willets Point United Inc., and nearby residents/business owners opposed to the “Willets West” mega-mall proposal, announced that the Appellate Division of the First Department issued a historic decision in their favor which will keep parkland public.

The lawsuit filed by State Senator Tony Avella, City Club of New York, Queens Civic Congress, members of Willets Point United Inc., and nearby residents/business owners against the “Willets West” mega-mall proposal, challenged the give-away of 47 acres of Queens parkland worth an estimated $ 1 Billion to build the "Willets West" mega-mall adjacent to CitiField.

The suit sought a declaratory judgment to invalidate approvals already granted to the project, as well as a permanent injunction to prevent the construction of a megamall on City parkland without the proper State legislative authorization or proper zoning. The Supreme Court of New York had ruled against Senator Avella and Petitioners, and the group appealed last August.

Today, Senator Avella, along with appellants, declared that the appellate court had announced its ruling in favor of Petitioners. In a unanimous decision, the appellate court granted injunctive relief and declared that the development can go no further without state legislative approval.

“Today’s decision sends a message loud and clear – our parks are not for sale. The fact of the matter is, this land was intended to be parkland, not the development of a shopping mall. In a city where public land is in short supply, simply handing parkland over is a betrayal of the public trust. The court has affirmed what we have been fighting for all along, and I am thrilled to see this decision come down on the side of justice,” said Senator Tony Avella.

“I am very pleased that the Appellate Division, in blocking the development of a shopping mall on parkland next to Citifield, has upheld the ancient common law doctrine that requires any government agency to obtain the approval of the State Legislature before disposing of parkland. This extra layer of protection for parkland has evolved in recognition of the fact that parkland is a scarce and precious resource. It makes it a little bit more difficult for our government to give such land away. It makes sure that we think twice before doing so, no matter how worthy or expedient the proposed project may be,” said John Low-Beer, Attorney for the Petitioners.

“We’d like to thank Senator Avella for being part of this important suit. This decision confirms first that our parks are for our people, and second that city government must comply with the law, just like the rest of us. There are many people who have contributed enormously to this effort. The City Club of New York is delighted to have been instrumental in launching this case, together with Senator Avella, Save Flushing Meadows Corona Park, Queens Civic Congress, Willets Point United, and many other civic organizations and local residents, and in particular, the wonderful group of Plaintiffs” said Michael Gruen of the City Club of New York.

“Since 2007, we have battled the City at all times over its plans for Willets Point, which expanded in 2012 against the community’s wishes to include the gigantic proposed ‘Willets West’ mall on public parkland,” “Today the Appellate Division agrees with what we’ve said all along: The City and developers failed to follow lawful procedure and now as a result their whole project cannot proceed. If Queens residents knew as much as we do about the horrendous traffic gridlock and other negative impacts of this Willets West/Willets Point Phase One project, they would be celebrating this court victory together with us. Today’s court decision absolutely vindicates all of our efforts and strengthens our resolve to continue challenging and opposing bad development propositions for our area. We’re especially thankful to Senator Avella, who has always done right by his constituents, City Club of New York which spearheaded the lawsuit, and stellar attorney John Low-Beer,” said Gerald Antonacci, leader of Willets Point United.

"We are very pleased with the decision case. It is disgraceful that these developers are attempting to seize 48 acres of public parkland and the Mayor and City Council supported it,” said Geoffrey Croft, President of NYC Park Advocates, Plaintiff.

“The Queens Civic Congress is thrilled that justice has finally been served and Flushing Meadows Corona park will remain available for use by the people of Queens. QCC, as a party to this action is deeply indebted to Senator TonyAvella, our fellow parks advocates and especially to the City Club and its attorneys for their diligent hard work in making this happen,” said Richard Hellenbrecht, Vice President of Queens Civic Congress.

“The entire premise of this parkland having to be developed in order for the rest of the Willets Point development to be completed was proven wrong in this decision. This shows that the taking of public land cannot be used for private gain,” Paul Graziano, Plaintiff and Urban Planner.

Avella calls Willets Point developer out for double-dipping

From the Times Ledger:

State Sen. Tony Avella (D-Bayside) has called on the state Department of Conservation to reject an application by the developers of Willets Point for millions of dollars in tax credits.

Avella slammed the Queens Development Group, a joint venture by Related Co., and Sterling Equities, for applying for credits from DEC’s Brownfield Cleanup Program in addition to $40 million they received from the city for clean-up costs associated with their $3 billion redevelopment of Willets Point.

“The QDG is attempting to take advantage of the BCP tax credit program by trying to apply for millions in tax credits for costs that will already be paid from the taxpayer’s pocket. It’s absolutely disgraceful,” Avella said. “The DEC’s response is alarming, as it completely disregards the fact that the QDG is already required to clean up the site and will already be receiving taxpayer funds to do so.”

Avella said he contacted the DEC after he learned the developers had been granted the city funds despite having already applied for Brownfield credits.

In a recent letter the DEC said, “The public interest is served by allowing these properties to participate in the BCP.”

The DEC did not respond to a request for comment.

A spokesman for the developers said that any tax credits they received from the DEC’s Brownfield program would not necessarily overlap as not all eligible clean-up areas were being reimbursed by the city.