Letter from ABN to the City Council re June 1 hearing on City Hall Plaza

June 24, 2000

Re: City Council hearing regarding City Hall Plaza, June 1, 2000 Docket #1477

To: City Councilors Maureen Feeney, Peggy Davis-Mullen, Stephen Murphy, Frances M. Roache, and Michael Ross,

For distribution to full City Council

You represented the citizens of Boston in a most able and responsible fashion at this hearing, challenging the very foundation of this case: the eminent domain taking of the Plaza land-- for the second time -- this time from the City of Boston, without demonstrated legal authority, and without public hearing or City Council approval.

The notion that the BRA can take our civic space without public knowledge, give control to a group of development interests, and privatize a planning process turning our public square into a commercial redevelopment project, all without participation by our City Council, is, as you have said, "preposterous." The circumvention of your authority over the taking by this self-serving interpretation of the law is unacceptable. As you have observed, the Phasing plan will further avoid Council review, by breaking the project into small pieces that can be classified as "Minor Modifications" and thus exempt from Council approval requirements.

Thanks to your diligence, the citizens of Boston are finally obtaining some public accountability from the Trust, the BRA and the Mayor's office. City Hall Plaza is an enormously important issue, at least equal to the one unfolding on the waterfront, and indeed shares the same ethical problems. Both are private deals disposing of public assets in ways that harm the public interest.

As you may know, large portions of the city are still designated urban renewal areas, and vulnerable to BRA occupation. Under urban redevelopment statutes, even non-renewal areas are subject to BRA actions through delegation of privileges to private developers. Therefore, your careful review of the City Hall Plaza case takes on even greater significance.

Before you continue the recessed hearing, I suggest you set a deadline for the submittal of documents you requested from the BTA/City and Trust. You may find it advisable to request that the attorneys involved, John Casagrande for the Trust, Kevin Morrison and Merita Hopkins for the BRA and the City, come before you next time, since they structured this arrangement and can provide exactly the information you are seeking.

I attach a summary of key questions and outstanding information needed from the City and Trust. Council may wish to set a due date for these documents in advance of the hearing, to allow for Council review.

I recommend that you have the official tape recording transcribed, for reference by yourselves and independent legal counsel as this hearing continues. I trust you will follow up on Councilor Murphy's recommendations to suspend the Council rules as necessary to resolve the issues before you.

Again, we convey our thanks for your capable work in protecting the public interest.

Sincerely,

Shirley Kressel,
President
Alliance of Boston Neighborhoods

Documents needed from BRA, Trust for City Hall Plaza, and City of Boston:

Re: Eminent Domain taking of the Plaza from the City of Boston

On July 3, l996, the BRA took the Plaza by eminent domain from the City of Boston. When asked why the BRA took the Plaza, and on what legal authority, Paul McCann stated that:

  • the BRA is "said to have" control of the Plaza, even though it was deeded to the City of Boston per the Urban Renewal Plan in l964, because it is part of an "incomplete" Urban Renewal Plan;
  • the Plaza may be taken back without a finding of "blight," as originally defined by urban renewal law, because the Plaza "does not work," according to a Task Force set up by the Mayor;
  • the BRA had to take it back because "what was intended never got done";
  • the BRA, rather than the City, has the money to fund Plaza changes;
  • the City Council vote of l964 justifies the current re-taking taking and redevelopment without Council vote.

Council did not accept these justifications for the taking of the land.

TO BE PROVIDED BY BRA/TRUST/CITY:

  1. LEGAL OPINION BY INDEPENDENT COUNSEL ON THE LEGAL BASIS FOR THE BRA'S 1996 TAKING OF THE PLAZA;
  2. BRA DOCUMENTS RECORDING A FINDING OF BLIGHT OR OTHER BASIS FOR 1996 EMINENT DOMAIN TAKING
  3. MAP OF ALL DESIGNATED URBAN RENEWAL AREAS IN BOSTON, AND INFORMATION ABOUT OTHER BRA URBAN REDEVELOPMENT POWERS RELEVANT TO TAKING OF PROPERTY (CHAPTERS 121A & B, 79, 80A)
  4. COPIES OF ORIGINAL COOPERATION AGREEMENT AND LAND DISPOSITION AGREEMENT BETWEEN BRA AND CITY, OF PLAZA LAND, AND ANY AMENDMENTS, IN EFFECT OR UNDER CONSIDERATION;
  5. COPIES OF ORIGINAL URBAN RENEWAL PLAN SHOWING PURPOSE FOR PARCEL USED FOR PLAZA.
  6. MAYOR'S LETTER OF MAY 25 INVITING BRA TO TAKE TITLE TO PLAZA, COMMENCEMENT AGREEMENT, ORDER OF TAKING JULY 3, 1996 WITH ANNEX B, RE: COMPENSATION WAIVER

Re: Phasing of the Plaza plan

When asked why the Trust is not seeking approval for a comprehensive Master Plan, but is now only proposing Phase I, and whether Phase II still includes a hotel, the BRA and Trust responded that:

  • the Mayor directed the Trust/BRA to implement parts of the Master Plan that met no public resistance
  • the hotel is not planned "at this time";

Council does not wish to proceed with approvals on piecemeal basis.

TO BE PROVIDED BY BRA/TRUST/CITY:

  1. FULL PLAZA PLAN TO BE SUBMITTED FOR COUNCIL APPROVAL BEFORE PHASE I IS APPROVED.

Re: The future of the Plaza after the Urban Renewal Plan expires

When asked who would own the land after the Urban Renewal Plan expires in April 2004, Paul McCann stated that, unless BRA extended the Plan, ownership would revert to the City of Boston, to "complete the tasks" in all BRA/Trust agreements, leases, etc. made before that time, which would remain binding on the City. (Shirley Kressel testified later that according to a BRA official to whom she spoke previous to the hearing, the BRA would remain in possession of the land.)

TO BE PROVIDED BY BRA/TRUST/CITY:

  1. LEGAL OPINION BY INDEPENDENT COUNSEL AS TO WHO WILL OWN, AND WHO WILL CONTROL, THE PLAZA AFTER EXPIRATION OF THE URBAN RENEWAL PLAN, INCLUDING RIGHTS OF THE TRUST FOR CITY HALL PLAZA.

Re: Public funds given to Trust and how expended

When asked how much public money has been given to the Trust, and how it was used, Paul McCann stated:

  • $1.1 million has been given to the Trust ($1,370,400 indicated by other documents cited by S. Kressel);
  • These funds were spent on studies for the proposed plan, and for public presentations;
  • Additional funds are have been given to the Trust through BRA Economic Development Fund grants.

TO BE PROVIDED BY BRA/TRUST/CITY:

  1. FULL AUDIT OF ALL PUBLIC MONEY GIVEN TO THE TRUST FROM ANY AGENCY, FUND OR SOURCE, INCLUDING MONEY GIVEN THROUGH THE BRA ECONOMIC DEVELOPMENT FUND, AND DETAILED ACCOUNTING OF EXPENDITURES;
  2. DETAILED COST ESTIMATE FOR PROPOSED ARCADE
  3. 10-YEAR RECORD OF FUNDING SOURCES FOR AND EXPENDITURES FROM BRA ECONOMIC DEVELOPMENT FUND

Re: Public process

When asked if any project meetings were closed to the public, the Trust stated that Board of Directors meetings and Board of Advisors (community input) meetings are closed to the public, but minutes are maintained.

TO BE PROVIDED BY BRA/TRUST/CITY:

  1. MINUTES AND OTHER