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Return
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Tip of the Iceberg:
Forest City Ratner Funds BUILD with $5 Million. |
Forest City Ratner
"Community Benefits Agreement" (CBA)
download the agreement
(pdf)
Is it a valid CBA? Read Section
4.1 of The New York Times
and Forest City Ratner's Atlantic YardsAlso note that there are
no government signatories on the CBA
(Even though Mayor Bloomberg
misled the public into believing that he signed the agreement)
Of the eight signatories to the CBA:
BUILD has been paid $5 million by FCR.
ACORN will receive the housing management conracts.
Four of the groups are unincorporated.
Two were created solely to support the Ratner proposal.
All
CBA signers are contractually obliged to promote and support the Ratner
proposal both in the media and at public hearings/meetings.
Timeline:
December 10, 2003 - Bruce Ratner unveils his Brooklyn Atlantic
Yards (BAY) Development Proposal
January 23, 2004 - Assemblyman Roger Green
announces the creation of BUILD
March 4, 2004 - BUILD Announces support
for Ratner BAY Project
August, 2004 - BUILD begins its "CBA"
negotiations with FCR
December 20, 2004 - BUILD files 1023 form for
501c3 status with IRS, indicating $5 million payment from Ratner
June 27, 2005 - BUILD, 7 other groups, and Ratner sign CBA, with
Mayor Bloomberg, Assemblyman Green, Public Advocate Gotbaum, Borough President
Markowitz, and other elected officials as witnesses. (Nine days before MTA
bids were due.)
CBA is held up as historic
The show "BUILDing
a CBA" airs on Time Warner channel 56 and Cablevision channel 69FCR:
"We
do hope to set a new precedent for development in New York City,"
said a spokeswoman today for Forest City Ratner Companies, the project's
developer. Inspired by an agreement related to the development of Staples
Center in downtown Los Angeles, "the Atlantic Yard community benefits
agreement is believed to be the first of its kind on the East Coast."BUILD
president: James Caldwell: "Our CBA heralds a long needed change
in the paradigm for how development occurs in our community. We believe
that Mr. Ratner, his company and this project are gifts from God to our
community."
-- June 24, 2005, letter of support for FCR, for bid submitted to the
MTA.
CBA signing Attendees: Bloomberg, Markowitz, Roger Green,
FCR, SignatoriesOpponents, members of the community, forbidden
from attending:The agreement signing ceremoney was hosted underneath the
Brooklyn Bridge, nowhere near the Prospect Heights part of Brooklyn where
the project would be built."It
was an effort to keep away the community because the community is not
a party to this agreement," said City Councilwoman Letitia James. "This
is not a community benefits agreement, this is a private benefits agreement
that will benefit a handful of individuals." "We were not able
to go to this community benefits agreement," added another. "The
police were threatening us to walk over this line onto public property."
Bloomberg misleadingly
claimed to sign the CBA, when he actually did not sign it.
Photographs and coverage: Photos
here and here.
Endorsers of the CBA The CBA has a large number of community,
business and sports organizations "endorsers."The existence of
some of these groups are questionable, whether many of them have even seen
the CBA is questionable, and the endorsement of these groups needs to be
questioned in light of the information that a $5 million bribe was paid
to BUILD months before the CBA was signed. QUESTION: Do all the endorsers
exist? How many of them have not seen the CBA? Were any cash incentives
given for endorsement? How many endorsers will withdraw their endorsement
in light of this new information?
The CBA also has been "endorsed" by 25 elected officials at the
city, state and federal levels.QUESTION: Will the elected official
withdraw their endorsement of the CBA in light of this new information that
the CBA negotiations with BUILD were a charade, that there is no real community
involement in the CBA and that it is a hoax?While no new information has
been obtained on ACORN, will the CBA endorsers withdraw their support now
that the affordable housing component has been reduced from 50% to 31%?
In the CBA it is written:
VI.b.(1): The Project Developer will make 50% of the residential units built
at the Project affordable" However, the scoping
document released on September 16, 2005, indicates that only 2,250
out of 7,300 housing units, or 31% will be made affordable. In particular,
the following quotes are noteworthy: Mayor Bloomberg: At
a
press conference at Fulton Ferry Landing Monday morning to announce
the creation of a community benefits agreement (CBA) between Ratner's Forest
City Ratner Companies and a handful of community groups, the
mayor interrupted Ratner, who was answering a question about the enforceability
of such a non-governmental document. "I would add something
else...even more importantly, you have Bruce Ratner's word," he said.
"That should be enough for you and for everybody else in the community."
Borough President Marty Markowitz: Markowitz
praised the CBA and the project, stating, "Once again Brooklyn
sets the standard for urban America." "Other attempts at
community benefits agreements have been made in the past, but this agreement
is so comprehensive and far-reaching that it puts Brooklyn in a class by
itself, at the forefront of the corporate responsibility movement. Since
I convened the very first meeting of the CBA coalition at Borough Hall last
August, the members have worked tirelessly together, through every disagreement
and tough negotiation, keeping their eyes on the greater good. They have
created something truly wonderful for their communities by keeping every
member at the table to work out their differences." Public Advocate
Betsy Gotbaum: "The [Community Benefits] agreement is ... unprecedented in
our city"
-- June 24, 2005, letter of support for FCRC, for bid submitted to the MTA.
(Note: the Public
Advocate also believes that Mr. Ratner will not use eminent domain at
Atlantic Yards.)
City Comptroller William Thompson: "I also am impressed by the
CBA between FCR and numerous community groups... I urge your support of
FCR's BAY proposal."
-- July 1, 2005, letter of support for FCR, for bid submitted to the
MTA.
Involvement of community boards and borough president's
office
The Brooklyn Borough President's Office played a formative role in the development
of the agreement and local Community Boards 2, 6 and 8 played an advisory
role. There are also records indicating that FCR
spent hundreds of thousands of dollars lobbying Community Boards 2,
6 and 8: |
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