An "Obstructionist Manifesto"

I've been very busy of late, and not following the news or posting as often as I would like. I apologize. The short version of the news in Buffalo is that Bass Pro, the long-proposed anchor tenant of the Canal Side project, pulled out, and CBA supporters are getting a lot of blame. (The mayor called them "obstructionists" and the Buffalo News called the CBA a "job killer.") Mark Goldman, a business owner who has written several books about Buffalo, wrote an "Obstructionist Manifesto" in response to the CBA-naysayers, and it's well worth considering. Some excerpts:

I believe that the Hippocratic Oath, “First do no harm,” while it applies to medicine, also applies to city planning.... As an obstructionist, I believe that all plans that cause harm must be stopped.

As an obstructionist, I believe that when a small group of tightly connected political insiders hijacks the city planning process, it must be stopped.

As an obstructionist, I believe that when these same insiders, for reasons unknown to most of us, are given tens of millions of dollars of the public’s money to spend without the public’s consent, they, too, must be stopped.

As an obstructionist, I believe that when that same group makes plans to turn our city’s splendid waterfront into a big-box retail mall surrounded by surface parking lots, it should be stopped.

As an obstructionist, I believe when the entrepreneurial instincts and desires of our people are stifled and undermined by the lavishing of tens of millions of public dollars on failing retail chains, that must be stopped. As an obstructionist, I believe that all these old and failed ways of planning for our waterfront must be swept aside.

As an obstructionist, I believe that unless and until city planning reflects the values, ideals and aspirations of the people who live and work here, it cannot work and therefore must be stopped. Only when public projects have the credibility of being created by the people directly involved in their use can they succeed.

...

As an obstructionist, I believe in a truly democratic and public planning process that is embraced by our whole community....

.... Only this kind of process can produce a plan that is real, authentic and sustainable. Once these plans and ideas have been clearly articulated and carefully studied, we should, following a real competition, turn them over to the best design professionals who would help us realize our waterfront vision.

The debate continues on Buffalo's waterfront and possible community benefits

Earlier this week, the Erie Canal Harbor Development Corporation (ECHDC, a subsidiary of the Empire State Development Corporation) finalized an agreement with the New York Power Authority to issue $105 million in bonds for Buffalo's waterfront redevelopment project. As of today, this news is up on NYPA's website, but not ECHDC's, even though you would think (hope) the lead agency on the project would want to be more open about its dealings. According to the Buffalo News, NYPA's investment, which includes $55 million in funding for waterfront developments, is "helping to make amends for past decisions that... shortchanged Western New York."

Just after the agreement was finalized, the Buffalo Common Council held a public hearing over the waterfront development, which is continuing to generate controversy, mostly over living wage issues. The city, which controls part of the property, doesn't want the project to go forward without a CBA, and a lot of community groups agree. They want to ensure that quality jobs, not just any jobs, are provided for local workers and that there's support for independent and local businesses.

The ECHDC though, along with pro-business advocates, think that a CBA will stymie development. A living wage requirement certainly would not go down well with the project's proposed anchor tenant, Bass Pro, which is notorious among subsidy wonks for playing the public fisc for all it can get.

Buffalo State College economics professor Susan M. Davis pointed out "the irony of business people asking for subsidies and then turning around and calling it [a living wage] 'socialism[.]'" On the other hand, Julia Vitullo-Martin from New York City's Regional Plan Association claims that "[w]hat they [CBAs] really do is increase the costs of development tremendously--and often halt it altogether." She cites the recently failed Kingsbridge Armory Redevelopment project in the Bronx, which fell apart after community groups and city leaders refused to approve the subsidized retail project without a living wage guarantee. I can't really argue with her. There are a lot of companies that don't want to deal with CBAs and meddling community groups. And CBAs do increase costs, but I would phrase it differently: they force developers to pass on public subsidies to *gasp* the actual public. I would also say to Ms. Vitullo-Martin, have some optimism; the Kingsbridge failure might be a blessing in disguise. The next development proposal for the property might offer something a lot better.

Jordan Levy, chairman of the ECHDC, says that the CBA campaign is interfering with the authority's negotiations with Bass Pro. "We're hopeful we are going to bring them to conclusion," Levy said, "but if this community is saying we don't want Bass Pro, I'm not sure that even an act of Congress is going to get them to come here."

Yes, Mr. Levy, this project is about the Buffalo community, and the interests of the community should come before Bass Pro's bottom line. Maybe it's time to start listening to what the community wants.

Buffalo CBA advocates get the cold shoulder

The Buffalo Common Council and CBA advocates are continuing to push for a CBA for the Canal Side project, using 12 acres of city-owned land as leverage, but the quasi-public Erie Canal Harbor Development Corporation wants nothing to do with negotiations. The impasse at the moment seems to be about a mandatory living wage requirement, but the CBA coalition says that the initial demands, including the wage provisions, are just a starting point.

Maybe somebody should remind ECHDC that under New York State law, it's supposed to "give primary consideration to local needs and desires and...foster local initiative and participation in connection with the planning and development of its projects." It's also supposed to "work closely, consult and cooperate with local elected officials and community leaders at the earliest practicable time." That would be section 16 of the Urban Development Corporation Act.

The law doesn't mandate a CBA or a living wage, but it suggests that refusing to meet with local groups or officials is not appropriate behavior. As the Council President said, "It's always better to talk.... Let's see how far apart they really are."

Public and city support for a Canal Side CBA in Buffalo; developer and state resistance to negotiations

Despite broad coalition and city council support, the private developer and public sector partner of Buffalo's Canal Side project are still refusing to negotiate a CBA. This probably shouldn't come of much surprise. The project's anchor tenant, Bass Pro, is a well-know subsidy-chaser (or, as some would call it, a tax-dodger) and poverty-wage job supplier. And the quasi-public Erie Canal Harbor Development Corporation (ECHDC) is a subsidiary of the New York Empire State Development Corporation (ESDC), which has used its power to override local laws and its authority to use eminent domain to facilitate the Columbia University expansion and the Atlantic Yards project. Although both of those projects have CBAs, they also face significant public opposition, and ESDC's involvement has been crucial to overcome that opposition.

This week, reporter James Heaney put up a blog post on Canal Side and its CBA issues. He discusses some of the issues relating to the lack of public bidding, conflicts of interest, and the lack of a democratic process. His conclusion: ECHCD and the project's private partners might want to pursue CBA negotiations, if only to avoid protests opposing "the use of more than $150 million in public funds to create mostly low-wage, part-time jobs. Which is one of several ways reasonable people can view the project."

Previous posts on Canal Side also by Mr. Heaney can be found here, here, and here.

Buffalo Common Council supports CBA

In Buffalo, N.Y., the Common Council unanimously passed a resolution supporting a CBA for the heavily subsidized Canal Side Bass Pro project. A copy of the resolution is here. It says that the CBA will include: job quality provisions, including living wage requirements; green building requirements; provision for at least one third of the housing units to be affordable; a set aside of 75% of the non-Bass Pro business space for local and independent businesses; and local and minority hiring goals.

Buffalo's CBA Coalition gets some support from electeds

Buffalo common council members Michael J. LoCurto and Joseph Golombek Jr. have thrown in their support for a Canal Side CBA. As reported in the Buffalo News:

Committee Chairman Michael J. LoCurto of the Delaware District said he supports such an agreement and will broach the issue with officials from the Erie Canal Harbor Development Corp. when he meets with them next week. LoCurto said he often fears that Buffalo is so "desperate" to create jobs, it doesn't always pay enough attention to the types of jobs that are created.

North Council Member Joseph Golombek Jr., one of the Council's most vocal opponents of the Bass Pro project, said he's taking a close look at the guidelines proposed by the Coalition for Economic Justice.

Buffalo Partnership for Public Good calls for CBA

The Partnership for Public Good (PPG), which counts more than 50 partner organizations, is calling on Empire State Development Corporation and its subsidiary, Erie Canal Harbor Development Corporation (ECHDC),  to incorporate CBA requirements into its Canal Side project plans.

Canal Side is a 20 acre, $300 million mixed use development that's intended to revitalize Buffalo's waterfront. ECHDC, a quasi-public entity, will almost certainly award subsidies to Bass Pro and other private corporations that take part in the development. PPG wants to see community benefits attached to these subsidies, "to ensure that the massive public investment in the project produces authentic public goods." The partnership's priorities include living wage jobs, sustainable design and operations, support for local businesses, and affordable housing.

Buffalo organization advocates for a CBA

The Buffalo-based Partnership for the Public Good is calling for a CBA to be negotiated for the Erie Canal Harbor development, which is currently undergoing environmental review. The Partnership recently released a report on the project, and it's calling for green design, provisions for local businesses, living wage jobs, and public access to the waterfront.