Acres of Opportunity: Reinventing Rikers Island - A primer on the island's history as a jail and the exciting opportunities to utilize its real ...

Page created by Richard Fleming
 
CONTINUE READING
Acres of Opportunity: Reinventing Rikers Island - A primer on the island's history as a jail and the exciting opportunities to utilize its real ...
Acres of
Opportunity:
Reinventing
Rikers Island
A primer on the island’s history as a jail
and the exciting opportunities to utilize its
real estate for a better New York City

George Fontas
CEO of Fontas Advisors

November 2019

www.fontasadvisors.com
Acres of Opportunity:
    Reinventing Rikers Island

    Introduction
    Last month the New York City Council reached a critical milestone in its multi-year
    process to fundamentally reshape criminal justice practices in New York City. With the
    Council’s approval on October 17, 2019 of the locations and building envelopes for five
    new jail facilities across the City, we are now one significant step closer to closing the
    City’s dysfunctional and long-troubled central correctional facility located on Rikers
    Island. The closure of Rikers is driven by the moral imperative to dramatically improve jail
    conditions for detained individuals to reduce incarceration overall and ensure that
    detainees are treated humanely while moving through the criminal justice system.

    Additionally, as described by the Independent Commission on New York City Criminal
    Justice and Incarceration Reform, an organization created by the City in 2017 to outline
    the path forward for criminal justice reform, closing the Rikers jail complex is also a
    significant public policy initiative. The Independent Commission, which is commonly
    referred to as the Lippman Commission, has reported that shuttering Rikers has the
                                              potential to save taxpayers hundreds of millions
                                              of dollars each year and would permit the real
Shuttering Rikers has the potential
                                              estate on the island to be repurposed into an
to save taxpayers hundreds of                 asset that can benefit the city as a whole.
millions of dollars each year and
would permit the real estate on the         With strong momentum in the plan to shut the
island to be repurposed into an asset       jail complex on Rikers Island, the City’s attention
that can benefit the city as a whole.       will soon shift to the future of the island and the
                                            opportunity to reimagine its 413 acres of
                                            contiguous City-owned property. Although
    redeveloping the island will be complicated by a number of physical and geographical
    challenges, several potential use cases have already been proposed. Interestingly, the
    most impactful of these enables the City to move existing infrastructure facilities to the
    island, thus freeing up what would likely be more desirable real estate across the five
    boroughs that could then be repurposed for virtually anything, but most likely residential,
    commercial, or community use.

    Over the past few months, through discussions with our network of elected officials,
    policymakers, criminal justice experts, real estate developers, city planning experts, and
    business leaders, we have begun to examine what the future of Rikers Island might hold.
    In the analysis that follows, we provide a brief primer on Rikers Island and the notorious
    jail complex it has housed since the 1930s and highlight potential use cases for the
    island’s real estate. We also share our predictions on the likely path forward the City will
    take, as well as some key political factors that will make the Rikers Island redevelopment
    project particularly unique.
Fast Facts on Rikers Island & The Rikers Island Jail Complex
What is Rikers Island?
Rikers Island is a 413 acre island in the East River located just a few hundred yards north of LaGuardia
International Airport. The island is primarily human-made via landfill and is thought to be named after
Abraham Rycken, a Dutch settler who moved to Long Island in 1638, and whose descendants owned
Rikers Island until 1884 when it was sold to the city for the grand sum of $180,000. Since the 1930s,
it has been home to New York City’s main jail facility.

What is the Jail Complex on Rikers Island?
Today, the jail complex on Rikers Island consists of ten different jails and dozens of buildings holding
local detainees who fall into three categories:
   1.   Who are awaiting trial and cannot afford or obtain, or are not given, bail from a judge
   2. Who are serving sentences of one year or less
   3. Who are placed there temporarily pending transfer to another facility
While the complex can accommodate 15,000 detainees, today, it holds roughly 7,000, and the size of
the population has been decreasing steadily over the past 12 years.

Why will the Rikers Island jail complex close?
Built mostly in the 1960s, the jail complex on Rikers Island has a long history of poor physical
conditions that have created an inhumane environment for those individuals detained at the facility.
The island’s remote nature requires a complicated and expensive system of shuttling detainees to
and from the facility to courthouses in each of the five boroughs. Furthermore, its remote location
has made it very difficult for family and community members
visiting those detained in the complex. In addition to these
physical conditions, Rikers is notorious for “a culture of The City of New York has
abuse” and has been subject to several investigations and committed to fully shuttering
rulings related to the treatment of detainees.                   Rikers by 2026. In the meantime,
                                                                   facilities on the island continue to
As a result, after a multi-year process to review the entirety
                                                                come offline as populations of
of the city’s criminal justice system, the City has committed
                                                                detainees decrease.
to closing the Rikers Island facility. It will be replaced with
four new men’s facilities located in Downtown Brooklyn, Kew
Gardens (Queens), Lower Manhattan, and Mott Haven (Bronx). A new women’s only facility will also be
built in Kew Gardens, housing female detainees from across the City. These new jails will be located
in close proximity to courthouses, be populated by individuals from their home borough, and will
incorporate modern standards and best practices to criminal justice. The City estimates it will cost
$8.7 billion to build these five new jail facilities.

When will the Rikers Island jail complex close?
The City of New York has committed to fully shuttering Rikers by 2026. In the meantime, facilities on
the island continue to come offline as populations of detainees decrease as a result of new laws
designed to create a better justice system. The City Council passed a law requiring the Mayor’s Office
of Criminal Justice to provide regular reports on the progress in closing the jail complex.

                                               Acres of Opportunity: Reimagining Rikers Island        2
What are the physical challenges of redeveloping the island?
Despite Rikers Island’s immense size, redevelopment options for the island are somewhat restricted
due to a handful of physical and geographical factors. First and foremost, despite its location in the
heart of New York City, Rikers Island is physically isolated, accessible only by a single three-lane
bridge and one public bus route. The nearest subway station is over 2.5 miles away. The Lippman
Commission also suggested that factors such as deep bedrock, weak soil, and methane deposits
resulting from the landfill on the island could significantly increase construction costs. Finally, while
the island’s proximity to LaGuardia could be a benefit, it also results in Federal Aviation
Administration (FAA) regulations that limit building heights to a maximum of 50 to 150 feet across
the island. Moreover, noise pollution from air traffic is exceedingly high over most of the island.

                  The overall public benefits of Rikers Island’s redevelopment
                 should include outcomes such as the creation of good-paying
                  jobs, the promotion of equity among city residents, and the
                     improvement of environmental and resiliency factors.

Moving Forward:
The Future of Rikers Island’s Real Estate
So far, the City’s primary focus in closing the Rikers Island jail complex has been on implementing
new criminal justice policies and siting new jail facilities. Now, with the City Council’s final approval
on the locations of these new facilities completed and most of the criminal justice reform policies
in place, attention will soon shift to re-envisioning how the City can utilize Rikers Islands’ available
real estate.

Rikers Island is truly unique in that, at 413 acres, it is substantially larger than any other large lots of
land currently available for development in New York City. It is more than double the size of the
Sunnyside Rail Yards in Queens (180 acres) and Willets Point, also in Queens (62 acres).

In a city famous for no shortage of opinions, some initial thinking has begun to emerge for what will
ultimately be a very long-term project, likely taking a minimum of 10-15 years to complete. One of the
many topics covered by the Lippman Commission’s 2017 report A More Just New York City and its
2018 follow-up report is the future use cases for Rikers Island.

According to the Lippman Commission, while the redevelopment of Rikers Island provides an
opportunity to generate broad public benefits for all New Yorkers, it also offers the specific
opportunity to provide benefits to the communities that have been most negatively impacted by the
historical use of the island, such as Central Brooklyn, Southeast Queens, the South Bronx, and Upper
Manhattan. The overall public benefits of the island’s redevelopment should include outcomes such
as the creation of good paying jobs, the promotion of equity among city residents, and the
improvement of environmental and resiliency factors. Additionally, the report recommends that a
permanent memorial should be created on the island to serve as a tool to educate the public about
Rikers’ history as a jail.

                                                Acres of Opportunity: Reimagining Rikers Island           3
Ultimately, given its size, Rikers Island will likely have several different uses that are developed in a
   phased manner. A model of such an approach can be found on Randall’s Island in the East River,
   where medical facilities, sanitation facilities, athletic fields, a small sports stadium, and dedicated
   festival grounds create an impressive array of hard-to-site facilities.

   Here is an overview of various development options for the new Rikers Island that have been
   proposed so far, both by the Lippman Commission, as well as by other stakeholders.

   Affordable Housing
   Despite previous comments that residential development was off-the-table for a reimagined Rikers
   Island, Mayor Bill de Blasio recently stated that he felt affordable housing should be considered for
   at least a portion of the island. The availability of such a large site could go a long way to achieving a
   goal set in October 2017 by the Mayor to build, finance, or preserve 300,000 affordable units by 2026.

    Interestingly, the Lippman Commission found that affordable housing would be difficult and
    expensive to construct due to the island’s physical and geographical challenges mentioned above.
    However, further examination is needed here before housing of any type is ruled out. It is possible
                                    that the cost of construction may be comparable to that of more
                                    dense communities in Manhattan, for example, because the ease
By moving core infrastructure of access to construction sites on Rikers would allow for greater
facilities to the island, the       efficiencies in coordination and time. Finally, an island-wide
City will likely be able to close   geotechnical analysis would need to be completed to confirm the
and repurpose current               status of the subsurface conditions.
infrastructure sites, freeing
                                    Another commonly cited concern about building residential
up valuable and desirable real
                                    properties on Rikers Island is the noise concerns from LaGuardia
estate within residential and
                                    International Airport. However, both LaGuardia and John F.
commercial neighborhoods to         Kennedy International Airport are surrounded by residential
be used for other purposes.         communities in close proximity, which signals that noise pollution
                                    might not be as significant of a deterrent as the Lippman Study
                                    suggests. The other side to the coin is that living on an island with
   waterfront access and newly built housing might be enticing to thousands of potential residents.
   Therefore, market studies should be completed to assess the feasibility of a combination of
   affordable, senior, and market rate housing on Rikers Island.

   Infrastructure Concepts
   The flexible space and remote nature of Rikers Island make it an ideal home to new infrastructure
   resources that are badly needed by the City. By moving core infrastructure facilities to the island,
   the City will likely be able to close and repurpose current infrastructure sites, freeing up valuable and
   desirable real estate within residential and commercial neighborhoods to be used for other
   purposes. Infrastructure projects could include facilities for water, energy, and waste.

   Water Treatment Facilities
   New York City’s sewer system is outdated and not well suited to handle an increased likelihood of
   flooding and extreme weather events, as is predicted for the City in the coming years. The current
   system combines wastewater from buildings with stormwater from rain and melted snow, with all
   the water eventually making its way to one of several wastewater treatment plants scattered
   throughout the City. However, during heavy rains or severe snow, the system is designed to overflow

                                                   Acres of Opportunity: Reimagining Rikers Island         4
untreated wastewater directly into New York’s waterways, causing such harmful pollution that New
Yorkers are prohibited from swimming in or eating fish caught in the City’s waters for typically 12
hours following a significant storm.

Building a modern wastewater facility on Rikers Island would dramatically expand capacity in the
system, which, in turn, would reduce untreated wastewater from flowing into the waterways. A new
water treatment facility on Rikers Island could replace aging facilities such as the Bowery Bay
Wastewater Treatment Plant (Astoria, Queens), Wards Island Wastewater Treatment Plant (Wards
Island), and Tallman Island Wastewater Treatment Plant (College Point, Queens) — each of which will
all be over 100 years old by 2039.

The Lippman report estimates that creating a new water treatment facility on Rikers could save the
City as much as $10 million per year. In addition, this could allow the City to decommission the
existing facilities in Astoria, Wards Island, and College Point and use that real estate for virtually any
other use — such as new housing, park space, or schools that would be developed within existing
communities that offer better transportation connections and services than that of Rikers Island.
City Council Member Costa Constantinides (D-Queens) has recently introduced a bill that, if passed,
would require a study be completed to determine the feasibility of constructing a wastewater facility
on Rikers Island.

Renewable Energy Farm
New York City has ambitious goals to reduce greenhouse gas emissions by 40% by 2030 and by 80%
by 2050. To achieve these emissions goals, some level of local renewable energy production will be
required. The Lippman Commission studied this and found that Rikers Island could be an excellent
location for siting renewable energy production and storage systems. An alternative approach to
renewable energy could be requiring that any new structures built on the property must include
energy-producing technologies that meet the structure’s own energy needs and send to the grid (or
store) surplus energy.

City Council Member Constantinides has also introduced two bills that would study the feasibility of
renewable energy development on the island and could potentially move the jurisdiction of the island
to the New York City Department of Environmental
Protection to facilitate the development of renewable Rikers Island could house new
energy production.                                        sanitation facilities such as a major
                                                                new composting facility, which has the
Sanitation Facilities                                           potential to be one of the largest in the
New York City has committed to sending zero waste to
                                                                world, and a waste-to-energy facility
landfills by 2030. Today the City collects 3.7 million tons
                                                                to convert refuse into electricity that is
of garbage each year, of which about 80% is sent to
landfills. Rikers Island could house new sanitation put back into the electric grid,
facilities such as a major new composting facility, which contributing to the reduction of
has the potential to be one of the largest in the world, and greenhouse gas emissions.
a waste-to-energy facility to convert refuse into
electricity that is put back into the electric grid, contributing to the reduction of greenhouse gas
emissions. These new sanitation facilities would likely take advantage of the City’s marine transfer
system to barge refuse to the island, substantially reducing truck traffic on highways.

Moreover, the savings to the city’s coffers might be enticing enough. According to the New York City
Budget Office, the cost of landfilling NYC’s trash outside of New York City will cost $420 million in

                                                Acres of Opportunity: Reimagining Rikers Island         5
2021. New sanitation facilities on Rikers Island have the potential to save the City hundreds of
millions of dollars a year, in addition to playing a critical role in reducing, and eventually eliminating,
the need to send our garbage to landfills.

Commercial Uses
The island’s wide open space, established infrastructure, and proximity to LaGuardia Airport could
make it a great home to various large-scale commercial uses, which have few alternative locations
elsewhere in the City. These could include:

LaGuardia Airport Expansion
The proximity of Rikers Island to LaGuardia International Airport offers a rare opportunity to
dramatically expand the capacity of one of the world’s most overburdened airports that earlier this
fall was rated worst in the country. This expansion could add a much needed third runway and
increase the capacity of the existing airport by as much as 40%.
There is also the potential to add additional facilities for private
planes, cargo shipping, as well as features that would improve the The proximity of Rikers Island to
overall customer experience, such as enhanced hospitality and LaGuardia International Airport
dining options.                                                      offers a rare opportunity to
                                                                         dramatically expand the
The Lippman Commission estimated that expanding LaGuardia capacity of one of the world’s
Airport would generate 12 million additional passengers annually most overburdened airports.
to New York City. When considering the money spent by those
individuals during their time in New York, an expanded airport
would result in thousands of new good paying jobs, at the expanded airport and throughout the city
serving the influx of new visitors and create billions of dollars in new economic activity. As a result,
expanding LaGuardia is likely to be, by far, the most economically beneficial proposal for the island.
However, the City’s airspace is already crowded; therefore, additional capacity on the ground may
not ease congestion in the air.

Furthermore, LaGuardia is currently undergoing an $8 billion redevelopment that does not anticipate
adding a new third runway. Expect significant opposition to a potential airport expansion from at
least two vocal interests: the local community, which will aggressively fight additional noise
pollution, and environmental justice advocates, who will strongly favor a redevelopment plan for
Rikers that relocates buildings like sanitation facilities and power plants that historically have been
located in communities of color from elsewhere in the City.

Convention Center
A common refrain from New York’s business and tourism community is that the Jacob K. Javits
Convention Center on Manhattan’s West Side does not meet the needs of modern large scale events.
Considering Rikers Island’s adjacency to LaGuardia airport, the potential for ferry service to and from
the island, and the opportunity to develop new hotels to accommodate both conventioneers and
travelers utilizing LaGuardia, the island could be the ideal location for a world-class convention
facility.

However, the development of a brand new convention center on Rikers Island would certainly throw
into question the future use of the Javits Center, which is currently undergoing a $1.5 billion
expansion that will expand it to a whopping 3.3 million square feet by 2021. This work should extend
its life and make it more attractive to modern conventions of all sizes. Ultimately, a study should be
completed to assess the feasibility of having two large convention centers in New York City. Should

                                                Acres of Opportunity: Reimagining Rikers Island          6
the study find that there is insufficient demand for two such centers, any plan for a new convention
center on Rikers Island would likely be abandoned.

Urban Agriculture
Farm to table was never any closer as Rikers Island has the size and infrastructure to support a
robust commercial farming facility. The City could develop what would be, by far, its largest
agricultural facility just a few miles from the country’s largest urban population, and its most
extensive restaurant scene. Such a facility would generate jobs and economic activity, significantly
decrease vehicular emissions caused by shipping produce
to the city and reduce the cost for the consumer. In The City could develop what would be,
addition, the urban farm could combine an agriculture
                                                              by far, its largest agricultural facility
laboratory that tests new technologies and innovates on
                                                              just a few miles from the country’s
urban farming techniques.
                                                               largest urban population, and its most
Education Campus                                               extensive restaurant scene.
Planners for Rikers Island might look to Roosevelt Island,
the home to Cornell Tech, or Governor’s Island for inspiration. At nearly three times the size of
Roosevelt Island, Rikers Island could become the site of a world-class academic institution and
educational complex. Similar to Cornell Tech’s Roosevelt Island campus and the recently announced
“climate laboratory” coming to Governor’s Island, the approach for such a project would likely need
to be multi-disciplinary, encompassing education, research, innovation, and technology. The
existing infrastructure on Rikers Island could easily support a major education complex, inclusive of
dormitories.

Parks and Recreation Space
Rikers Island’s 413 acres makes it roughly half the size of Central Park and nearly two-and-a-half
times larger than Governors Island. It could potentially house dozens of athletic fields, making it a
world-class destination for much needed youth and adult sports facilities, as well as other parks and
recreation space.

The City is not able to meet the current demand for access to recreational facilities. In 2017 the New
York City Department of Parks and Recreation (DPR) received 11,000 permit requests for access to
the City’s athletic fields and courts, but it was only able to approve 76% of them, representing
877,000 hours’ worth of playing time. The other 24% of requests were turned down by DPR because
there was no available space. The potential for new parks and recreational facilities on Rikers Island
is enhanced by the wide open nature of its real estate, which would likely allow for creative concepts
that could serve the diverse needs of New Yorkers.

                Rikers Island’s 413 acres makes it roughly half the size of Central Park
                and nearly two-and-a-half times larger than Governors Island. It could
                 potentially house dozens of athletic fields, making it a world-class
                   destination for much-needed youth and adult sports facilities.

                                              Acres of Opportunity: Reimagining Rikers Island       7
The City’s Path Forward
While the ultimate decisions on how to utilize Rikers Island’s unique real estate are undoubtedly
complicated, the most significant hurdles will come after a master plan has been created — getting
the proposals through the City’s political machine, rezoning through the ULURP process, and
pacifying the numerous stakeholders with strong and disparate views on what the island should
become. Here are our predictions on the path forward, including key political factors that will make
the Rikers Island redevelopment project particularly challenging.

Look for EDC to take the lead
The City will first need to identify a lead agency to manage the Rikers redevelopment project and
process. Given its deep expertise and experience in managing a number of the city’s mega projects,
the NYC Economic Development Corporation (EDC), a nonprofit that functions as a city agency,
reporting to Deputy Mayor for Housing and Economic Development, is particularly well suited for this
task. EDC is controlled by the Mayor and is charged with generating economic development
opportunities on City-owned land and facilitating programs that enable business expansion across
the City.

In fact, after the closure of the notorious Spofford Juvenile
Correction Center in the Bronx, EDC successfully                  Given Rikers Island’s controversial
redeveloped the property into nearly 740 units of affordable      history not only as a dysfunctional
housing, recreational and community facilities, a wellness        jail, but also as a facility that has
center, commercial and open space, and early education            caused tremendous harm to local
programming. For the Rikers project, EDC would likely             communities, the City should and will
engage an engineering and design firm to assist its team
                                                                  prioritize public input throughout its
with collecting community input, analyzing the physical and
economic feasibility of redevelopment options, and
                                                                  redevelopment process.
providing technical and operational recommendations.

Expect extensive and lengthy public input throughout the redevelopment process
Given Rikers Island’s controversial history not only as a dysfunctional jail, but also as a facility that
has caused tremendous harm to local communities, the City should and will prioritize public input
throughout its redevelopment process. This will likely happen through a series of public forums,
including townhall style meetings, community design events call ‘charettes,’ as well as a website or
digital tool, where New Yorkers can submit ideas and feedback and stay informed on the latest
progress on the project.

The public input effort will be particularly voluminous. There are myriad stakeholders connected to
Rikers Island, foremost of which are the thousands of New Yorkers whose lives have been impacted
by the island’s troubled history. With this in mind, in addition to soliciting feedback from typical
stakeholders for major redevelopment projects — such as experts in city planning, design,
engineering, and leaders in the business community — the public input process must also include
criminal justice reform advocates, especially those who lead the effort to close Rikers Island and
faith-based and civic leaders in communities that have been disproportionately impacted by the
island’s jail complex. Beyond this, input should be solicited from communities across the five
boroughs where infrastructure facilities could theoretically be replaced with modern facilities on
Rikers Island since these redevelopment opportunities represent significant benefits to the City.

                                               Acres of Opportunity: Reimagining Rikers Island         8
Each of these stakeholders will look to gain new benefits with the
  redevelopment of the island, which will greatly complicate these
                                                                              Each of these stakeholders
  discussions. For example, last month, as part of the approval of the
  new jail sites, the City announced that it has committed $470 million
                                                                              will look to gain new benefits
  in programming for communities adversely affected by the jail at            with the redevelopment of the
  Rikers Island. This programming was a direct outcome of the                 island, which will greatly
  negotiations with stakeholders from the impacted communities,               complicate these discussions.
  who demanded benefits during the rezoning process.

  Likewise, throughout the master planning, rezoning, and RFP processes, stakeholders will continue
  to seek additional benefits from the City, such as various employment requirements for any
  redevelopment construction on the island, among other things. For example, they may call for
  measures that guarantee jobs for individuals that were formerly detained in the City’s jail system or
  for union labor. The bottom line is that the public input process will offer all stakeholders the
  opportunity to advocate and secure support for their preferred benefits as part of the
  redevelopment process.

  The politics may not be aligned to begin the Rikers redevelopment project right away
  A significant challenge to completing this massive project will be getting it started in the first place.
  For the City, passing the plan announced on October 17th, which outlined the five new jail locations
  and community benefits, was an extremely difficult and politically charged process. It was met with
  fierce opposition from the communities where the new jails will be located, as well as by criminal
  justice reformers, who seek to eliminate jails entirely. As a result of this difficult process that just
  concluded, there may not be an appetite in City Hall to rush to begin what will ultimately be a multi-
  year planning process, likely fraught with similar challenges.

                                            Moreover, the process to get to a City-approved master plan
The process to get to a City-
                                            for the new Rikers Island, as outlined above, will likely take
approved master plan for the new            much longer than the roughly two years left in Mayor de
Rikers Island will likely take much         Blasio’s administration. Therefore, it is possible that the
longer than the roughly two years           Mayor’s Office will be weighing how best to utilize its
left in Mayor de Blasio’s                   remaining time in City Hall. A choice might have to be made
administration. Therefore, it is            between making progress on the bold goals they have
possible that the Mayor’s Office            already outlined and beginning a major new project that will
will be weighing how best to utilize        span at least two administrations (and could be entirely de-
its remaining time in City Hall.            railed by the next Mayor).

                                           It will certainly be difficult for the Administration to
  completely punt the Rikers development effort to the next Mayor, as stakeholders and elected
  officials will continue to be very focused on the project. However, it is also possible that City Hall will
  need to stay singularly focused on following through on its commitment to close the Rikers jail
  complex and build the new five jails and will not have time or bandwidth to think beyond these
  sizeable projects.

                                                  Acres of Opportunity: Reimagining Rikers Island          9
Even after years of master planning and community input, expect a battle to rezone the island
Rikers Island is currently zoned as ‘C8-2,’ which broadly allows for all commercial activity except for
amusements and certain community facilities. However, as the master plan for Rikers Island is likely
to include several uses, including residential, sanitation, and possibly even power generation, parts
of the island will almost certainly need to be rezoned to allow for those uses. As a result, the rezoning
proposal will likely seek to create a ‘Special Zoning District’ for the island’s redevelopment. This will
enable the City to customize the zoning rules to the highly unique needs of the island, which will not
be well suited to the general zoning rules used throughout the
rest of New York City. This will require the rezoning proposal to
move through the City’s Uniform Land Use Review Procedure While rezoning might sound like a
(ULURP), which is the process by which New York City makes straightforward administrative
changes to the zoning of real estate. ULURP encompasses four task, rezoning submissions in the
stages of review: the local Community Board, the Borough City often become hotly
President, the City Planning Commission, and finally, the City contested debates as they
Council.                                                                 represent one of the final
                                                                     opportunities for stakeholders
While rezoning might sound like a straightforward administrative
                                                                   and community members to voice
task, rezoning submissions in the City often become hotly
contested debates as they represent one of the final their concerns and fight for their
opportunities for stakeholders and community members to voice desired benefits.
their concerns and fight for their desired benefits. For the new
Rikers Island, it will be impossible to gain widespread support from all stakeholders together in
support of one vision. So, while creating the Special Zoning District should be straightforward,
finalizing the details of the custom zones will require patient negotiation between a long list of
supporters and critics.

Queens Community Board 1 (CB-1), which is comprised of 50 local volunteer community members,
will lead the first level of ULURP review, which will entail sorting through all the varying opinions,
negotiating solutions, and then providing a recommendation on the rezoning proposal. Expect
aggressive advocacy from a wide range of stakeholders throughout the four ULURP stages,
including:
   •   Supporters and opponents for various aspects of the master plan
   •   Criminal justice reform advocates
   •   Labor unions
   •   Environmental justice advocates
   •   Environmentalists
   •   Trade associations, such as chambers of commerce
   •   Transit advocates
   •   Communities throughout the city that may have their local infrastructure facilities eventually
       decommissioned as a function of new development on Rikers Island
   •   Local residents of CB-1, the municipal district that includes Rikers Island
   •   And, an army of lobbyists representing all sides

                                              Acres of Opportunity: Reimagining Rikers Island      10
New York City’s forthcoming ‘leadership cliff’ will slow and complicate Rikers’ redevelopment
    Once the rezoning has made it through the Community Board (CB-1), the Borough President, and the
    City Planning Commission, the final stage is review by the City Council. This is, by far, the most
    critical step in the ULURP process. It is at this stage where most changes to a rezoning proposal
    traditionally take place, and where we anticipate that Rikers Island’s redevelopment plans will be
    most at risk.

    This is in large part due to the fact that New York City government is on the verge of, what we have
    termed, a ‘leadership cliff,’ which will hit on January 1, 2022, and will add tremendous uncertainty to
    the entire redevelopment of Rikers Island, as well as other long-term projects and citywide
    initiatives. From now until then, at least 80% of New York City’s elected officials will have turned over
                                              as a function of term limits. With the leadership cliff, the city
                                              will find itself with a new Mayor, Comptroller, Speaker of the
New York City government is on                City Council, four new Borough Presidents, and 39 new City
the verge of, what we have                    Council Members (out of a total of 51).
termed, a ‘leadership cliff,’ which
will hit on January 1, 2022, and will       As a result of such extensive turnover in the City’s elected
add tremendous uncertainty to the           officials, a significant amount of institutional experience in
entire redevelopment of Rikers              land use, development, and political know-how will exit city
Island, as well as other long-term          government, in both the experienced elected officials as well
                                            as their long-term staff, many of whom are also likely to move
projects and citywide initiatives.
                                            on. This means that, by and large, newly appointed and
                                            potentially first-time elected officials will be responsible for
    driving the decisions around the historic Rikers redevelopment project. For the ULURP, with so
    many new faces in City Council, there is a significant risk of renewed opposition to the master plan,
    which, by then, will be viewed as the plan of their predecessors. Generally speaking, while we believe
    term limits are an essential aspect of the New York City government, in this case, they have the
    potential to slow down this critical project considerably.

    Social and community benefits will feature prominently in the project’s RFP process
    Assuming that the City Council approves the final phase of ULURP and the lengthy rezoning process
    is complete, the City will finally have the green light to start work on the new Rikers Island. This
    massive project will require an extensive and diverse fleet of developers, contractors, and
    companies to design, build, and ultimately manage the island’s various facilities, structures, and
    uses. Like it does for any project, the City will issue a series of requests-for-proposals (RFPs) to
    procure the services required for the island’s redevelopment and ongoing management.

    The RFP process will, once again, give stakeholders and community members the opportunity to
    pressure the City to deliver additional benefits. Depending on the ultimate plan for the island, this
    could end up meaning many different things — anything from ensuring jobs for individuals who are
    formerly incarcerated, requiring more affording housing units than may be feasible to finance,
    requiring the use of sustainable materials in construction, to, in the case of an academic institution,
    requiring a dedicated number of seats for students from communities most impacted by the Rikers
    Island jail complex.

    Whatever the requirements, expect to see the City seek to achieve larger social goals in the
    redevelopment plan. As a result, for all aspects of Rikers’ redevelopment and ongoing management,
    the savviest RFP respondents will proactively include social and community benefits as part of a
    comprehensive proposal.

                                                    Acres of Opportunity: Reimagining Rikers Island          11
The Rikers Island redevelopment project will rest on our current
                    and future elected officials to have the skill to manage
                   competing constituencies and changing politics, and the
                courage to support a vision of Rikers Island that they largely will
                               not have played a role in designing.

Final Thoughts
The hardest work in reimagining Rikers Island already been completed — the City and all the elected
officials who supported the closure of the jail complex on Rikers Island should be applauded for this
once-in-a-century shift in criminal justice. The ability for New Yorkers to move on from the tragic
history that Rikers represents is, by far, the most crucial aspect of the entire future of the island.
This must not be lost when considering the exciting future opportunities that the island holds or the
long and winding road that will ultimately lead to its reinvention.

No matter how Rikers Island’s 413 acres are repurposed, the City has the opportunity and obligation
to generate broad public benefits for all New Yorkers through its redevelopment. However, we must
remember an old saying in city politics: It’s hard for elected officials to commit to megaprojects
because they are out of office before the ribbon cutting. With the forthcoming leadership cliff, it is
likely that most of the project’s master planning will take part before the next Mayor, Borough
Presidents, and City Council are in place, and much of the construction will happen after they leave
elected office. Thus, the Rikers Island redevelopment project will rest on our current and future
elected officials to have the skill to manage competing constituencies and changing politics, and
the courage to support a vision of Rikers Island that they largely will not have played a role in
designing.

We believe the prospect of creating something exceptional on Rikers Island will ultimately succeed,
although it will require patience and compromise. The City deserves a next chapter for the island
that benefits as many New Yorkers as possible, seizes the opportunity to make progress on city-
wide challenges, and remembers the island’s history. The future of our city — from the perspective
of infrastructure, sustainability, economic development, and housing — may very well depend on it.

           The City deserves a next chapter for the Rikers Island that benefits as
          many New Yorkers as possible, seizes the opportunity to make progress
               on city-wide challenges, and remembers the island’s history.

                                              Acres of Opportunity: Reimagining Rikers Island      12
As Founder and CEO of Fontas Advisors, George Fontas
has earned a reputation as an innovative leader and trusted
strategist, advising clients across the corporate, real estate,
technology, and nonprofit sectors as they navigate the
complexity of New York City and State and New Jersey.

Fontas Advisors was founded in 2017 with a vision to build
a firm that offers superior government affairs services with
a boutique culture, enabling a highly attentive approach and
customized solutions for every client. With the ability to work
seamlessly across jurisdictions in New York and New Jersey
and diverse capabilities curated for today’s rapidly evolving
public affairs environment, we partner with innovative leaders
to drive impact by providing political inroads, policy and
regulatory expertise, and strategic planning.

Fontas
Advisors
info@fontasadvisors.com
+1 212-408-1920
www.fontasadvisors.com
Sources

Barth, Kodi; An Overview of Rikers Island: A City of Jails; http://www.nyc24.org (archived at web.archive.org)

Independent Commission on NYC Criminal Justice and Incarceration Reform; https://www.morejustnyc.org/

Jacob Javits Center; https://www.javitscenter.com/

New York City Council Legislative Research Center; https://legistar.council.nyc.gov

New York City Department of City Planning; https://www1.nyc.gov/site/planning/index.page

New York City Department of Corrections; https://www1.nyc.gov/site/doc/index.page

New York City Department of Environmental Protection; https://www1.nyc.gov/site/dep/index.page

New York City Department of Sanitation; https://www1.nyc.gov/assets/dsny/site/home

New York City Economic Development Corporation; https://edc.nyc/

U.S. Department of Justice, CRIPA Investigation of the New York City Department of Correction
       Jails on Rikers Island; https://www.justice.gov/sites/default/files/usaosdny/legacy/2015/03/25/SDNY%20Rikers%20Report.pdf

                                                           Acres of Opportunity: Reimagining Rikers Island                     13
You can also read