Showing posts with label Tish James. Show all posts
Showing posts with label Tish James. Show all posts

Sunday, November 3, 2013

Candidate Lhota's Flub!: He thinks library lovers don't read the Wall Street Journal!!- Checking In On Mayoral Candidates’ Library Positions, de Blasio vs Lhota

"Libraries Not Luxury Condos"? Or "Hospitals Not Luxury Condos"- Same thing, really, although a little Photoshop magic helped this de Balsio campaign ad bridge the very small difference. 
Here is some bad news for New Yorkers who love their libraries (somewhat ameliorated) coupled with some good news, all courtesy of the Wall Street Journal.

The bad news is that Joe Lhota the Conservative Republican candidate for NYC Mayor and former NYC budget director, who ought to be a model of fiscal probity, loves the inanity of spending what could easily be around a half billion dollars on the NYPL's Central Library Plan (now redubbed “42nd Street Library Renovation.”) to sell and shrink NYC Libraries.  Lhota gave a quote to this effect for publication, apparently believing that library lovers don't read the Wall Street Journal.  Wrong!  Maybe Mr. Lhota believes that only real estate developers and Stephen A. Schwarzman's friends read the Journal.  This singular ineptitude handily illustrates why Lhota has virtually no chance of being elected mayor this year.  Library lovers can consider those odds the ameliorating factor.

The good news is that candidate de Blasio, through his spokesperson quoted in the Journal, sounds as firmly on the side of library lovers as ever.

Here is what's in the Journal about each of the candidate’s positions on that sell-off of libraries and consolidating shrinkage whereby the NYPL's Central Library Plan would cram the 300,000 square feet of space from the Mid-Manhattan and Science, Industry and Business Library (SIBL) into a very small amount of space in the Central Reference Library whilst ripping out its venerated and historic research stacks.   
Mr. de Blasio has called for a financial audit and review of the project and, according to his spokesman, "believes that it was made without enough forethought to the building's historical and cultural integrity."

As for Mr. Lhota?

"I love it," he said of the renovation. "We've got to make sure that our facilities change and evolve with the world around us."
(See: NY Culture- On Arts, Mayor 'a Hard Act to Follow'- New York's Cultural Institutions Are Wondering: What's Next? By Jennifer Maloney, Oct. 31, 2013.)

We should heartily thank the Wall Street Journal for this report.  What’s tragic is that no other local news organs have yet covered the split between the candidates on this issue, including, very importantly, the New York Times and WNYC.  The issue not being reported upon is actually much bigger. . .  The Central Library Plan is essentially an even larger scale version of the Donnell Library sell-off debacle.  .  Together, they are emblematic of citywide plans to sell and underfund libraries as the system is shrunk at a time of significantly increasing use.

Since the beginning of his campaign Mr. Lhota has been unwilling to supply Citizens Defending Libraries (a group I helped found) with a statement of his position about the sale and shrinkage of city libraries.   When Citizens Defending Libraries held its Mayoral Forum on Libraries August 30th Mr. Lhota’s campaign feinted  (declining to attend the forum), saying that Mr. Lhota soon wished to meet with Citizens Defending Libraries to supply his campaign postion on the sell-offs.  He never did.

Meanwhile, Mr. Lhota’s campaign posted the following on its website.  It is the only mention of libraries and it is a reference to selling public property, selling their air rights (emphasis supplied):
As mayor, Joe will:

    * * * *
Undertake a complete inventory of vacant and underutilized land in New York City to create more opportunities to develop affordable housing. For example, if a post office shuts down, we should use that land for affordable housing.

Undertake a complete inventory of available air rights from city-owned properties like schools, libraries and firehouses to create revenue for the city, while incentivizing developers to utilize the air rights to create low and middle income housing—housing that can be affordable for our teachers, firefighters, police officers and other civil servants.

]Utilize land-use planning studies of various neighborhoods to plan and target areas to upzone.  The goal is to permit large scale development where we can mandate low and middle income units as part of the rezoning.
It is a campaign stance (campaign stances are invariably tailored to sound good) and doesn’t actually say that the city’s libraries would be closed and shrunk when the development rights that go with them are sold off as is presently exactly what’s happening.  Instead of allowing that the sell-offs might result in top-of-the-market luxury condominiums, hotels or office towers which is what is, in fact, what’s actually happening now, it holds out the campaign-promise carrot of affordable housing.  Really?  What it describes sounds too uncomfortably close to what is presently happening.  Indeed, why does it fail to say that we won’t continue to sell libraries for shrinkage?  That’s suspicious, and if there is any doubt about where Mr. Lhota’s judgements might take him on these things he has cleared it up by giving his enthusiastic endorsement of the Central Library Plan to the Journal.

There is also the issue of how Mr. Lhota judgement when it comes to public-private partnerships brought into play for the selling of libraries and how this get confused and perceptions manipulated when it comes to who is actually benefitting from them, the public or the private "partner"?  (See: Wednesday, September 26, 2012, Promoting Obfuscation of What Government Does and Doesn’t Do To Give The Private Sector (Including Ratner) More Credit, but compare Monday, October 28, 2013, Across from arena, Lhota slams de Blasio (again) on Atlantic Yards, claims Ratner close to default on MTA railyard last year (video) .

Mr. de Blasio on the other hand has come out against the sell-off of public assets, libraries and other properties like hospitals and NYCHA public housing.  For more on Mr. de Blasio’s position calling for a halt to the selling off of public libraries see the following from Citizens Defending Libraries (two other candidates still on the ballot for Mayor, Randy Credico of the Tax Wall Street Party and Green Party candidate Anthony Gronowicz, heartily oppose the library sell-offs and shrinkages): Mayoral Forum on Libraries Held August 30, 2013 and PHOTOS & VIDEO & MORE- First half of July 2013: Two lawsuits against the Central Library Plan, Public Advocate Bill de Blasio Comes Out Against CLP.

Chiara de Blasio, candidate de Blasio's daughter vouching for her father about the the sell-offs of public assets we won't see if her father is elected.
The fact that Mr. de Blasio is prominently opposing the sale of public property across the spectrum provides important reassurance, as does the fact that he is likely to be kept in check by the new Public Advocate, Tish James, a fellow Democrat who comes into office after a crushing 60-40 defeat of her opponent during the primary run-off likely due in part to the fact that Ms. James opposed the selling off of libraries early and steadfastly.  (See: Monday, September 23, 2013, Sell-Offs Of New York City Libraries Gets Focus In Public Advocate Runoff Race Between James and Squadron.)

In one of Mr. de Blasio’s most frequently run campaign ads he features his daughter and his son with his daughter assuring the voters that her father would not sell off hospitals for “luxury condos.”  That’s basically the same as the library issue.  And his kids vouch for him on this!
In campaign ad candidate de Blasio's daughter vouches her father won't sell off public assets like hospitals
By the way, while we must thank the Wall Street Journal for covering the candidate split on this library issue, one of our readers commented about the Wall Street Journal that it seems to represent Mr. Bloomberg to be an important “philanthropist” (“As a philanthropist, he is believed to have given more than $200 million to arts and social-service organizations since 2002”) that isn’t really the case.  More on what’s really the case here:  Wednesday, March 6, 2013, Bloomberg’s Increasing Annual Wealth: 1996 to 2013, Plus Updates On His Annual “Charitable” Giving.

The reader is correct.  Credit is often given where it isn’t due.  This Monday night, on the eve of the election for the new Mayor, the NYPL will anomalously give its headline award at its annual fund raiser to Mr. Bloomberg, who as mayor is responsible for an unprecedented defunding of the city’s libraries (see below) while presiding over plans to sell them.  (See: Wednesday, October 30, 2013, Conundrum For Those Wanting To Donate To Libraries: People Who Would Use Our Donations To Shrink and Sell Off Libraries.)

That downward blue line on funding while use (upward lines) ascended is what Bloomberg did to the libraries just after his third term was won and just as he was blessing the sell-off of NYC libraries

Monday, September 23, 2013

Sell-Offs Of New York City Libraries Gets Focus In Public Advocate Runoff Race Between James and Squadron

From Citizens Defending Libraries YouTube video of rally in April outside the Brooklyn Heights Library, one of the libraries threatened to be sold off
There is an October 1st runoff of the race for the Public Advocate.  Letitia James, the City Council member famous for taking on Forest City Ratner’s Atlantic Yards government-assisted mega-monopoly actually won the Democratic primary for that nomination, but by just a few percentage points shy of what she needed to avoid a runoff race.  She is now running against Daniel Squadron, the runner-up who outspent Ms. James by more than two-to-one in that original primary.  In all, Ms. James, who was running against four other Democratic candidates, was outspent more than four-to-one in that first leg of the race almost winning the forty percent nonetheless.

The issue of selling off New York City libraries is now shaping up to be a big issue in the race, getting a lot of spotlighting focus.

The Issue?:  Our libraries are being emptied of books (devastating pictures here) in preparation for selling them off in real estate deals intended to benefit developers, not the public.   The Brooklyn Heights Library is one of the first libraries being sold in a deal where it looks like most of the proceeds and most of the benefit of any such sale will go to Forest City Ratner, whether or not Forest City Ratner officially takes over the library as formally-named developer of the site.  See:  Friday, September 20, 2013, Forest City Ratner As The Development Gatekeeper (And Profit taker) Getting The Benefit As Brooklyn Heights Public Library Is SoldForest City Ratner?: Tish James is going to feel right in her element taking them on again as it becomes part of the library fight she has taken on.

Tish James Opposes Bloomberg Sell-Off of NYC Libraries

Ms. James has been opposing the sale of New York City libraries since the city-wide plans for these sales first came to light as can been seen in a series of videos available on Citizens Defending Libraries YouTube Channel (March 8, 2013, April 13, 2013, and June 30, 2013, - and Ms. James visited other Citizens Defending Libraries events as well) and is made clear in Ms. James Huffington Post/Brooklyn Eagle Op-Ed piece:  Shrinking the Library System Is A Loss for New Yorkers (August 21, 2013) and OPINION: Shrinking the library system is a loss for New Yorkers (August 29, 2013).  Note:  I am a cofounder of Citizens Defending Libraries and a promoter of its petition against the sale of city libraries for the benefit of developers.



Letitia James & Stephen Levin Fight Library Selloff Schemes (From the June 30th Micah Kellner State Assembly hearings on the sell-off NYC libraries where Tish James spoke against such sell-offs.  State Senator Velmanette Montgomery attended and made a statement.  State Senator Daniel Squadron did not attend or provide a statement opposing the sales.)

Squadron Campaign Recognition of Library Sell-offs Relevance to Runoff Campaign For Public Advocate

Proof that the library sell-offs is becoming a focus of the campaign is presenting itself in multiple ways.  One of them: Just a half hour before Daniel Squadron’s kickoff press conference to launch his runoff campaign Squadron released a press release (also handed out at the press event) with his new position on the library sell-offs.  The statement says he is now against them.  His campaign sent his statement to Citizens Defending Libraries at the same time.  There will be more analysis about where Mr. Squadron actually now stands and about clarifying questions Citizens Defending Libraries has asked him to answer as we proceed. . .
Mayoral candidate de Blasio with Citizens Defending Libraries at 42nd Street library in July
In any event, it is strange to think that any elected representative or candidate running for office would ever openly favor the sell-off and shrinkage of New York City libraries.  Christine Quinn favored the library sales and shrinkages, but she did not do so very openly.  As it was, she lost the race of for the Democratic nomination for mayor while Bill de Blasio, the candidate who triumped handily in beating her, stood with Citizens Defending Libraries on the steps of the library at 42nd  Street to decry and call a halt to these sales.    

Linkages: Libraries and Campaign- Squadron Supporters Attacking James And Supporting Library Sell-off 

Prior to Mr. Squadron’s issuance of his campaign kickoff library press release, the first indication that people supporting Mr. Squadron see the library issue as an important campaign issue came another way: in communications from Deborah Hallen right after the election.  We'll explain who Deborah Hallen is in a moment.  The communications from Ms. Hallen attempted to attack and attempted to discredit Tish James respecting her stand on the libraries whilst arguing that the sale of the Brooklyn Heights Library is proper and publicly supportable.   (Does this involved the implication that sales of other threatened city libraries should also proceed?)

The primary election which Tish James won and Daniel Squadron lost was September 10th.  The first communication from Ms. Hallen we know of, to at least one person, was a voice mail was left the morning of the 12th at 10:46 AM.

Ms. Hallen is now the head of a 501(c)(3) ("charitable") group named (many think deceptively) “The Friends of the Brooklyn Heights Library.” This past spring, Noticing New York first wrote about how that group has been supporting the sale of the Brooklyn Heights Library and how the Brooklyn Heights Association has used that "Friends" group’s support to rationalize its similarly condoning the sale.  See: Saturday, April 13, 2013, Condoning The Sale and Shrinkage Of The Brooklyn Heights Library, Does The Brooklyn Heights Associations Think Of Friends Group As A Fig Leaf? It Should Think AgainThe Friends group, the Brooklyn Heights Association, Urban Librarians Unite?: It is worth taking the time to ask why there are a few groups like these that, surprisingly, support or won’t oppose the sell-off of new York City Libraries.

Since Noticing New York’s April 13th examination of Hallen’s "Friends" group I have provided little Noticing New York follow up about that group's activities, although a fair amount has happened in terms of Ms. Hallen’s efforts to purge from that group any alternative points of view about saving the Heights library.  We’d like to think that the very small group is relatively inconsequential in the broader scheme of things.  Indeed, it has certainly been less so after the revelations of the April 13th Noticing New York article.  After that the membership of the so-called “Community Advisory Committee” (set up to provide the appearance of a public process as the Brooklyn Heights Library is sold) was expanded to include other more credible groups to “represent” the community.  Nevertheless, Ms. Hallen on behalf of her group condoning the library sale, still "chairs" its meetings with the BPL's Josh Nachowitz, formerly of the mayor's real estate development agency.

After the April 13th article Ms. Hallen contacted us to urge us to believe the following distinction: That while the “Friends” group she is leading is going along with the sale of the Brooklyn Heights Library, she says she personally opposes seeing the library sold.

Here is a transcript of the voicemail Ms Hallen left on the 12th, the first of her communications attempting to discredit Ms. James' position on libraries.  Click on the video below to listen to the actual message itself:
Hi Martha it's Deborah Hallen, calling you,  The Friends of the Brooklyn Heights Branch Library-  and Obama. of course.  I noticed that the Citizens in Defense of Libraries [sic, actually Citizens Defending Libraries*] are supporting Tish James against Daniel Squadron. And I thought that you should know that ten years, when she was in City Council, she gave no money to the support of the Brooklyn Public Library, though she represented Central, Clinton Hill and Walt Whitman libraries and they needed tens of millions of funding requests or they made tens of millions of funding request and she gave nothing to the libraries. So I find it a little odd that the Citizens are supporting her and I thought you should know this.

Thanks and bye for now.
(* Note: We have observed that Squadron supporters exchanging information concerning how to attack Ms. James about libraries, tend to refer to Citizens Defending Libraries incorrectly as “Citizens in Defense of Libraries.”  Tish James got under Mayor Bloomberg’s skin by opposing real estate projects like Atlantic Yards, and she likes to tell stories about how Bloomberg kept calling her “Trish” full well knowing her nickname was as actually “Tish.”)


Library Sell-off Group Smears Tish, Backs Squadron  - From Citizens Defending Libraries YouTube Channel.

Deborah Hallen of the 501(c)(3) Library "Friends" Group Enters Political Fray of Public Advocate Race Attacking Tish James 

Was it appropriate for Ms. Hallen to be invoking her status as the head of a 501(c)(3), theoretically “charitable” organization as she leads into this campaign communication?  Citizens Defending Libraries, by contrast, has not organized itself as a 501(c)(3) specifically so as not to be hampered by restrictions that might, as a result, apply on speech of a political nature.

Previously, Ms. Hallen has communicated with her Friends group trustees asserting that they are restricted vis-à-vis their possible opposition to a sale of the Brooklyn Heights library. Here is what Ms. Hallen previously emailed her 501(c)(3) “Friends of the Library” Trustees when she was telling them they could not oppose the sale of the libraries:
I have been told that as a representative of the Friends (by our attorney and accountant) that we cannot oppose the impending sale 

    * * *

ALSO PLEASE UNDERSTAND that we are not in the position of trying to stop the sale. We are a 501(c) 3 Organization and have to adhere to our by-laws. Recall that our position is to have continuity of library service no matter what happens to the building.
 More Such Linkages: Into the Weeds on Funding Allegations

Mr. Squadron’s kickoff event was scheduled for Noon at Borough Hall on Sunday September 15, 2013.  At 12:09 PM, virtually the moment Squadron was supposed to start speaking and 39 minutes after Squadron had issued his press release with his new statement on libraries Ms. Hallen followed up with an email attack on Tish James and her position on saving the libraries from sale.  Perhaps awkwardly for Squadron (whose campaign seems to be feeding Hallen her information-- perhaps with additional coordination from BPL officials wanting to sell libraries) she weaves into her email statements in which she is supportive of the Brooklyn Heights Library sale:  
Letitia James was elected to the City Council in 2003; her district includes the Central Library at GAP, Walt Whitman (a historic Carnegie primarily serving the lower income community in the Whitman-Ingersoll Houses), and Clinton Hill.

BPL has met with Ms. James several times and fully briefed her on the Pacific Street project. Ms. James has claimed that she was never briefed and had no information about the project.

Clinton Hill requires over $3M in capital work and Walt Whitman over $6.5M. BPL has asked Ms. James for millions over ten years and received absolutely nothing in discretionary (called “Reso A” in Council bureaucratic language) funds. The Council (at least since 2006) has published all of their capital and expense grants (http://www.council.nyc.gov/html/budget/database.shtml). This year, for instance, BPL received discretionary capital funding from CMs Dilan, Greenfield, Lander, Gentile and Reyna. CM Dilan generously gave BPL $1M. Ms. James? Nothing.

Ms. James will claim that BPL “never asked her for money” or “didn’t ask aggressively.” This is also not true, and BPL can get you copies of letters they've sent to her asking for funds.

Ms. James will claim the current Brooklyn Heights project is being “rushed” through the approval process before the Mayor leaves office. This is demonstrably false. As you know BPL won’t even be close to starting the public approval process until mid-late next year, and this is far from a “done deal” until the extensive public review is complete. BPL has gone out of their way to be as transparent as possible and have started a dialogue with the public long before the RFP was even drafted.

The branches in James' district illustrate perfectly why BPL's project in Brooklyn Heights makes sense for the borough as a whole. The Walt Whitman Library has over $6.5M in capital needs. It’s a historic Carnegie building serving a high need population isolated in an increasingly gentrified community. BPL will generate capital revenue from Brooklyn Heights that can be plowed back into Walt Whitman and other branches just like it, borough wide. BPL strategy at Brooklyn Heights allows them to build a brand new branch in Brooklyn Heights and generate desperately needed money to pay for projects at branches like Walt Whitman.

BPL is currently using Mayoral money to fund a small renovation project at Clinton Hill. Doing what  Letitia James wants them to do would mean cancelling that project, and many like it borough wide, and pouring that money into Brooklyn Heights. BPL just can’t do that.

BPL receives two types of funding from the City Council. Usually each year they get 5M from the Brooklyn Delegation/Speaker's office that they use for projects borough wide. They then also receive additional funding from individual members. This is really where Brooklyn does worse than other boroughs.

Letitia James will say she has awarded millions in grants for BPL and take credit for the Delegation money. Beyond raising her hand in a meeting, she has done nothing to support the library.

Please note that the Brooklyn Heights building will not be sold unless there is a meaningful bid.
As for Ms. Hallen’s assertion the sale of the library is not being “rushed,” pushed through suddenly at the last minute, the library is even now being emptied of books and Ms. Hallen has herself acknowledges that the BPL made and kept secret its decision to sell the library from at least 2008 when it decided to evict the Business and Career Library until 2013 when it started moving forward fast to sign a contract before the end of Bloomberg's term.

That lack of transparency on BPL's part (even if Ms. Hallen asserts “BPL has gone out of their way to be as transparent as possible”) presents a problem in retroactively analyzing what City Council members who were kept in the dark should have done with respect to providing funds to libraries.  City Council members knew nothing about planned sales or how funds being provided to the BPL and NYPL were actually being used.

At the times in question, Ms. James was chair of Brooklyn delegation, and negotiated with the mayor for money for Clinton Hill, but she didn’t have the information the BPL was keeping secret and which she needed to be fully effective to have that delegation seek and procure funds.

Ms. Hallen is also, essentially, criticizing Ms. James for not having gotten sucked into a funding charade that Noticing New York has criticized in the past.  I wrote the following back in March:
What’s wrong with this picture is that none of it should be going on the first place and that in the end, despite the pleasing happy-ending show of heroism, it still leaves the libraries underfunded.  So underfunded, in fact, that now at the end of the Bloomberg era as part of an overall bigger end-of-term fire sale to the real estate industry* Bloomberg is getting ready to sell off libraries and shrink the system.

        (* Mid-town rezoning anyone?)

This is not what City Council or Borough President discretionary funds are for.  And if the City Council and Borough Presidents have the imagination for how those funds ought to be better used (and they indeed should) they ought to be screaming their heads off about the intentional underfunding of libraries, not content that "saving libraries" is an easy way to use the funds while looking as if they are riding to the rescue on a white horse.
See: Thursday, March 7, 2013, Tossing Dwarfs?: It’s Time To Demand That We Change The Way We Fund Libraries . . End The False Political Theater.

Here are some factors that complicate maters greatly when City Council members (or even the donating public) attempt to send money to the libraries in the midst of this charade:
    •    Not all City Council members have equal access to discretionary funds.  Speaker Christine Quinn was less generous in giving Tish James discretionary funds than others because the speaker has used the handouts of those funds for the purposes of reward and punishment, and Tish James stood up to Speaker Quinn more than most City Council members.
    •    As noted, until late January of this year nobody outside the Bloomberg administration and the BPL knew that those people would be selling off libraries using the lack of funds as an excuse- The plans to sell libraries go back at least to 2008, but were kept secret since that time.  Therefore, no council member could perceive urgency or could have put money into a library about to be under threat on condition that it not be sold.
    •    Discretionary funds coming from City Council members and Borough Presidents have been met with off-setting reductions on the other side from the Bloomberg administration, negating their effect.
    •    Funds provided to libraries have been used to pay for moving forward the real estate deals to sell libraries.
    •    Funds provided to libraries in very recent years have also been wasted as library assets paid for with them are sold off.  For example, within the time window roughly approximate to what Ms. Hallen is talking about, taxpayers paid $50 million for SIBL, the Science, Industry and Business Library, only to see it sold off for an apparent substantial loss, and in 2007 the Donnell Library renovated with a substantial amount of taxpayer funds was sold off at a fraction of its value to the public.
    •    City Council members who redirect their scarce discretionary funds into this library money pit can’t use those funds for other competing needs.
Under these circumstances, could and should a Council member have directed her concilmatic discretionary funds to libraries?  How would you know except in hindsight and with greater transparency than we have now.

What was James doing?  Here is a report in the Clinton Hill Blog about how James was fighting for restoration of library funds and library hours back on March 31, 2009: Our Local Reps React to the Proposed Budget Cuts.

Squadron Balks When Asked to Speak About His New Library Press Release

As Mr. Squadron wound up his campaign kickoff press conference I asked him to speak for the record about his position on libraries per his press release being handed out at that time.  He declined, dodging the opportunity, and the result is here on video on Citizens Defending Libraries YouTube Channel:



Squadron Campaign Kickoff: Equivocation on Libraries? 

It is not as if people haven’t been after Squadron for the longest time on these issues.  It’s just that the responses have been inadequate.  Here is an open letter from “long time Brooklyn Heights resident and preservationist Martin L. Schneider” to Mr. Squadron on the subject that appeared in the Brooklyn Heights Blog March 28, 2013: Preservationist to Squadron: BPL Is Prepared To Sellout For A Mess Of Pottage

Similarly, Citizens Defending Libraries members were constantly reaching out to Mr. Squadron.

More Support For Squadron Coupled With Support For Sale Of Brooklyn Heights Library On Brooklyn Heights Blog

The Brooklyn Heights Blog put up the Citizens Defending Libraries Squadron video in a post and you get the feeling that, when they did so, they may have been intending some damage control for Squadron.  Unfortunately for everyone, what might have been intended as damage control extended to an apparent argument (a “forward thinking” one) for selling the Brooklyn Heights Library based on slurring those who patronize it:
So, is it so strange for us to be more focused on that sort of forward thinking than to fight for a building with broken air conditioning, nannies on cell phones, homeless men fighting and creeps surfing for porn?
Noticing New York previously wrote about how some see selling the Heights library as a welcome opportunity to evict those they see as not belonging in the Brooklyn Heights community: Tuesday, May 14, 2013, A Consideration of Race, Equality, Opportunity and Democracy As NYC Libraries Are Sold And The Library System Shrunk And Deliberately Underfunded.

Most of the comments posted on the Brooklyn Heights Blog post were against any sale of the library but two commenters chimed with quotes (that can be added to the collection in my previous article) to the effect that those using the library were undesirables. 

“Lady in the Heights” who announced she was “voting for Squadron” and seemed intent on the idea that books can be replaced with Kindles said:
I used to spend time in the library until it was overrun with nannies IGNORING their charges. The children's room is appalling.
“HenryLoL,” reacting negatively to the support for keeping the library said:
Give it a rest already. Most of us here cant wait for that dump to be blown up. In its place will be nice housing and a new library. Cadman Plaza West and the hood in total will be better for it.
“HenryLoL” who seems to like selling off public assets to benefit developers at the expense of the public, similarly doesn’t like hospitals and wants to get rid of Long Island College Hospital (LICH) at the other end of Brooklyn Heights.  On another blog post he said about LICH:
Close this dump down! The City has NO RIGHT to tell this organization what to do. We have more hospitals in a few square miles than most cities have in 100. Getting to the point of ABSURD! And it is all because of unions!
(There are those involved in the fight to save LICH who think Squadron is doing the barest minimum in that regard- That's something else that’s relevant to running for Public Advocate.)

Here is my own comment to the post taking the issue with the implicit sympathy given Mr. Squadron by calling my requesting him for a statement “an ambush”:
“Ambush” connotes surprise. As for surprise: Citizens Defending Libraries was surprised that one half hour before his kickoff press conference Daniel Squadron issued a press release changing his position on the sell-off of New York City libraries, the Brooklyn Heights Library among them. I would say we were surprised and pleasantly gratified to have had an effect.

As for Mr. Squadron being surprised by us: Normally, when you issue a press release in connection with a press conference with your campaign staff handing out stacks of those releases at the conference, you expect to be asked about that statement you have released. Too bad Mr. Squadron did not use the opportunity to speak to NY1 about libraries and their sell-off if he truly wants the public to know his position.

If “ambush” means that the ambusher springs out from hiding; no one was hiding- We were standing in plain sight of Mr. Squadron with our protect-the-libraries signs for well over a half hour before we approached Mr. Squadron to ask him to speak about his written statement. Some would infer from the issuance of the Squadron library position statement a half hour before his kickoff (plus the fact that they emailed it to us at that time) that Squadron and his campaign managers were expecting Citizens Defending Libraries long before we ever showed up.

Well before the press conference started I spoke with one of Mr. Squadron’s campaign managers saying that we were hoping to get an oral statement that morning from Mr. Squadron based on his new release and I even used the contact phone number his campaign provided to initiate this conversation, meeting at the press conference site with his designated representative.

I politely waited to speak to Mr. Squadron until he had completed all other business and was not distracted by other matters.

Where the Brooklyn Heights Blog switches into “Point of View” it raises some interesting topics about libraries that are worth discussing. I think you will find that those topics are covered by the questions that Citizens Defending Libraries presented to Mr. Squadron in the form of a questionnaire and in connection with its Candidates Forum on libraries, questions about his position on libraries to which Mr. Squadron has not yet responded. I think you will find that those topics are amply discussed and debated by others on Citizens Defending Libraries web pages.

As for referring to the air conditioning at the Brooklyn Heights Library as “broken,” the better adjective would be “unfixed,” given the very strange documentation provided by the BPL attempting to explain what went wrong with the library’s air conditioning AFTER its decision to push this library onto the chopping block for real estate developer benefit. (cf: The Donnell Library.)

From using and canvassing the Brooklyn Heights Library I know that it is intensely used by a broad swath of society, including families such as our own that are definitely at the high end of the socioeconomic spectrum. I think it is unfortunate that in arguing for the sale and shrinkage of the library you offer a `profiling’ and, I think, false caricature of people using the library whose resources are not equal to ours. Sadly, you are not the first to suggest that selling the library would evict what you are portraying as a different and undesirable population. (Note that our last forum was co-sponsored by the NAACP.)

I am glad that Mr. Squadron’s press statement is now up on the web. When I last checked I had to inform his campaign people that it wasn’t.
A Matter of Proper Tone?

When Citizens Defending Libraries first met with Mr. Squadron as a state senator representing us to ask him to oppose the sale of the Brooklyn Heights Library he used it as an opportunity to admonish us that he considered that Citizens Defending Libraries was using an inappropriate “tone” when it was decrying the sale, shrinkage and deliberate underfunding of the New York City’s libraries for the sake of creating real estate deals that benefit developers, not the public.

What is an appropriate tone when Citizens Defending Libraries challenges a sell-off of public assets that is not for the public good?  Or the proper tone when the Public Advocate does its job by opposing such sell-offs?

An example of what Mr. Squadron meant by inappropriate tone?   He thought the cartoon (below) created by Mark Hurwitt was out of bounds.

From the pen of Mark Hurwitt: BPL officials say they want to sign a contract with a developer for the sale of the Brooklyn Heights Library before the end of Bloomberg's term.  The NYPL also plans to demolish the research stacks of the 42nd Street on a similar time frame- On Bloomberg's own site, something he says he wants to accomplish (along with his Mid-town Rezoning!

What about the similarly critical works of illustrator Simon Verity like the one below?
From the pen of Simon Verity: Is Bruce Ratner going to get the Brooklyn Heights Library?  Maybe.
Mr. Verity’s works illustrate the cover story in The Nation this month about the NYPL’s sell-offs of city libraries.
The Nation's current cover story by Scott Sherman reports on early (June of 2007) communications with the Bloomberg administration to sell off NYC libraries
Inside it is illustrated with drawings by Simon Verity like: "Not much of a civilization, they destroyed the library," and. . .
. . . Playing of the name of NYPL president Anthony W. Marx. . .
Giving Mr. Squadron the Last Word

The end of an article is considered a place of honor and, usually, it is considered that whoever gets the last word is favored by getting to top off the argument.  I’ll give Mr. Squadron the last word.  The following is his short press release statement on libraries.  It is just that without more that we have asked him for, including responses to questions presented by Citizens Defending Libraries, and, more important, actions, it is difficult to know what it really means.  In other words we are still waiting for Mr. Squadron’s last words:    
For Immediate Release: September 12, 2013 [Later corrected to the 15th, this incorrect date- the date of Deborah Hallen's morning voice message- is likely when it was first drafted]
Contact: Amy Spitalnick, 516-521-0128

        Statement from Daniel Squadron about New York City Libraries

I am opposed to the proposed plans by the city's library systems in Brooklyn and Manhattan.

As always, I believe that meaningful community input is absolutely necessary; when it comes to these proposed plans, transparency and responsiveness have been insufficient.

I also believe that it is simply unacceptable to sell or shrink libraries for profit.

And I am deeply opposed to cuts to library funding, which put our libraries in crisis.

I've been proud to work on these issues in the State Senate, receiving an 'A' from New Yorkers for Better Libraries on my voting record last year.

I continue to be focused on protecting funding and finding solutions that ensure strong, healthy libraries across the five boroughs.
Physical copy of press lease on new library position that Squadron was handing out at kickoff press conference

Friday, September 20, 2013

Forest City Ratner As The Development Gatekeeper (And Profit taker) Getting The Benefit As Brooklyn Heights Public Library Is Sold

Above: The EDC and BPL RFP for sale of the Brooklyn Heights Library, a few photos of the library overlaid-  There were no photos of the library in the RFP.
I am about to tell you story about how much more benefit will be going to Forest City Ratner than the public has officially been told, if and when the Brooklyn Heights Public Library is ever sold for shrinkage as library and city administration officials are still working hard to make happen.

It is a story that has been hiding in plain sight.  You would know it by now if our press were more diligent or if library and city administration officials were more forthright about conveying information about what they are actually up to in pushing the Brooklyn Heights Library sale.  I guess that’s where the blogs have a special and important role in this new, out-of-kilter world we live in.

I have been holding off on this story to see what else might fall into place before I reported it.  I will say this: I don’t have all the answers to go along with the many facts reported here, but I’ve got plenty of really good questions that people should be asking.

Hang in for some surprising revelations about how much benefit stands to go to Forest City Ratner and how little benefit will go to the public with a sale of the Brooklyn Heights Library while we first review some background.

Early Suspicions About Forest City Ratner And The Libraries

Most people who have already been following the story of the library sell-offs have been suspicious of Forest City Ratner.  Although, the Brooklyn Public Library’s strategic plan calls for `leveraging’ all of the real estate on which its libraries sit (in other words monkeying around like this with real estate sales), the first two library sell-offs it has been trying to push out the door are two libraries, the Brooklyn Heights Library and the Pacific Branch, that are right next to property Forest City Ratner owns, acquired from the city on a no-bid basis.

Further, as reported here before, when the Brooklyn Public Library was announcing the sale of Brooklyn Heights Library and Josh Nachowitz, spokesperson for the Brooklyn Public Library, was asked about what would be done, he immediately, and without even having to think about it, refused to entertain the possibility that the BPL might disqualify or blackball Ratner as a future owner of the Brooklyn library property it was selling off.  That reflexive refusal was notwithstanding the fact that Forest City Ratner already has a very dangerously large government-assisted monopoly in Brooklyn and a record of failing to deliver on public benefit promises, with a history of blackmailing the public to change terms of agreements.  See: Sunday, February 3, 2013, What Could We Expect Forest City Ratner Would Do With Two Library Sites On Sale For The Sake Of Creating Real Estate Deals?   

Mr. Nachowitz moved to the library system from the Bloomberg administration’s city real estate development agency the New York City Economic Development Corp. (EDC) just in time to preside over these sell-offs and, as you will see as we proceed, EDC is involved in selling off the Brooklyn Heights Library.

Plans To Sell Libraries With Money Not Coming To The Libraries

From the beginning it has seemed odd that library administration officials would have decided that is it beneficial to be selling off a valuable library property like the Brooklyn Heights Library (or the Pacific Branch) if the money from that sale wasn’t going to the library.  The money from any sale goes to the city that, in turn, under Bloomberg, has decided that the libraries should be underfunded (at a time of skyrocketing use) and there is plenty of reason to believe city conduct would continue in this vein as libraries were sold. 

When BPL president Linda Johnson first publicly discussed the selling of libraries with the Daily News in October 2011, she admitted that the BPL was making plans to sell the libraries even though the rules meant that “the library wouldn't see a dime” of the sale proceeds money because it would go into the city's general fund.  (See: Sunday, March 3, 2013, The Petition To Save The Libraries Is Working: Confirming Petition Points BPL Head Linda Johnson, Library Officials Trip Up Defending Plans.)

Johnson did not mention in her interview with the Daily News that an important library like the Brooklyn Heights Library was one of the ones that would be put on the sales block.  Plans were in place.  We now know for certain that, even though the information was being withheld from the public, the BPL had decided to shrink and sell the Brooklyn Heights Library long before this.  Mr. Nachowitz told one reporter preparing a story about the library sell-offs that the decision had been made back in 2008.  Although we do not vouch for her reliability, Deborah Hallen of the Friends of the Brooklyn Library group has also asserted that she discovered from Mr. Nachowitz that this decision was secretly made by library administration officials at least as far back as 2008.
The Nation's current cover story by Scott Sherman reports on early communications with the Bloomberg administration to sell off NYC libraries
In fact, it may have been made much sooner.  The Donnell Library sale that the sale-for-shrinkage of the Brooklyn Heights Library is largely modeled after was announced by the NYPL in 2007 after a secretive process that netted the NYPL less than $39 million, far less than it was worth and a faction of what it would cost to replace.  (See: Monday, May 27, 2013, More Thoughts On Valuation And What The NYPL Should Have Received As Recompense For The Public When It Sold The Donnell Library.)  And, we know from the development community that in the summer of 2007 the BPL had a long list of libraries that were being looked at for similar sale and redevelopment. In 2007 the NYPL met with Mayor Bloomberg and his First Deputy Mayor Patti Harris about library sales with Ms. Harris expressing "initial enthusiasm" in June of that year.

It was not until late May of 2013, long after these library sales were planned, and long after Noticing New York was shining a spotlight on the way those deals weren’t for public benefit, did the BPL unveil an eyewash MOU ("Memorandum of Understanding")  (Dated May 21, 2013) for the purpose of making it appear as if the city might send some of the library sale proceeds to help make up for its pattern of deliberate funding deficiencies.

There is something called a "Community Advisory Committee" that is meeting to be informed about the sale of the Brooklyn Heights Library for the sake of having a colorable public process.  The BPL has made an effort to stack that committee predominantly with community representatives it has previously vetted as favoring or condoning the library sale, like the Brooklyn Heights Association and the (now deceptively named) Friends of the Brooklyn Heights Library.  Partly through the efforts of Citizens Defending Libraries (of which I am a co-founder) this “CAC” group also has local electives representative on it.   At the May 23rd CAC meeting, in connection with which the MOU was unveiled, elected representatives expressed dismay and consternation that the agreement made little pretense of being truly enforceable or otherwise being effective in ensuring that the BPL would actually garner proceeds from a library sale.

One-page library MOU: Cause for consternation and joking
In response, BPL spokesman Josh Nachowitz dismissed the important of the ineffectiveness of the MOU, saying that some MOUs get honored and some don't (they just "get thrown out") and that with an upcoming change of many elected officials throughout the city (he cited: new Mayor, new City Council, new Speaker of the City Council, new Borough President, new Planning Commissioner, new Deputy Mayor for Economic Development, new Economic Development Corporation President, new head of Council Finance, new head of committee for Fine Arts, even new library officials such as himself) it was a "fluid environment" and there was "no assurance" the MOU would be honored, saying "we are not going to do something that is completely and totally irrevocable that can't be changed by a new administration."

More Bad News About Why The Public Won’t Get Money Expected From The Library Sale

Now here is something even more startling about how the public won’t benefit from sale proceeds if the Brooklyn Heights Library is sold.  It is something we are hearing about, with some consternation, from real estate professionals working on responses to the so-called “Request For Proposals” (RFP) that the City and the BPL have issued to sell the Brooklyn Heights Library and build a much smaller replacement and, like Donnell, shift above-ground library space underground.

On July 17th EDC, the city’s Economic Development Corporation, Josh Nachowitz’s former agency, held developer information sessions in connection with the RFP.  I attended one of them and would have gone to both if that had been permitted. Mr. Nachowitz was there to participate in the presentation.
Provision in recorded document transferring development rights to the Ratner property
The developeablility of the library site was discussed.  An EDC official informed those attending that they should make their own calculations, but that the EDC measured the library site to be a conservative 26,600 square feet, just possibly a little more, maybe up to 27,000 square feet.  This is important for determining the size of the permitted building envelope for any replacement building using FAR (Floor to Area Ratio calculations).  The library property is in a C6-4 district, with an FAR of 10, the highest permitted residential FAR in the city (with bonuses, allowing it to go to 12).  In other words, the 26,600 square foot library site multiplied by an FAR of 10 allows for  266,000 buildable square feet.  But here is the thing (and the information was stated in a very matter-of-fact way at the developers information session, almost as if its importance was insignificant): in 1986, 140,919 square feet of those buildable rights, 53% (or 52.977% to be ultra-exact), were conveyed to Forest City Ratner.
Shaded area on the city tax map above is the Brooklyn Heights Library site from which substantial development rights were transferred away to  Forest City Ratner
That means that if they allow the Brooklyn Heights Library to be demolished, city officials and the BPL have significantly less to sell than the public might be inclined to presume.  It goes far beyond a 50% reduction in potential net sales proceeds.  It is much more than that because demolition and reconstruction of new facilities are expensive and must count for a significant percentage against the net benefit of any possible rebuilding.  That is why property owners don’t often tear down and build new buildings when the zoning permits them to build only a little bit bigger.  Similarly, it is why most homeowners would not tear down their home to rebuild a replacement if the new structure would/could only be a little bit bigger.  But if the homeowner's new building was going to be a lot bigger that would be a different story.  Do you go to the trouble of tearing down a two-story library with underground space when all that you can sell is the right to build a five-story library in which there must be a replacement library?  How much cash can you rake in for the public doing that?                           

End of story?  Does this comport with the reports that we were getting that library officials were internally talking about how the new, probably residential, building replacing the library might be 40 stories?  No, and no.

We are hearing that architects looking at the site for purposes of RFP are thinking about the need for a zoning change.  That might chagrin the Brooklyn Heights Association if they are telling people not to worry and that they shouldn’t expect a zoning change.  That is probably not the answer, or at least probably the whole of it.
Bruce Ratner's signature on one of the set of documents where development rights were transferred from the library site to his

Expectation Of A Tall Building, Taller Than Its Surroundings

EDC and library officials at the developers meeting were clearly selling the idea that when the library building site was redeveloped the new building would be at tall one.   The following statements came right at the beginning of the EDC’s official’s oral presentation (it’s cute how it traffics in selling the supremacy of a potential project by emphasizing how it won't be subject to the same restrictions as its neighbors):
The views around the area are fantastic.  So, that particular location has on the west side, it has a low height district.  So it’s zoned on the west side, that residential area, is zoned to have a height no more than 50 feet [essentially five stories].  That’s on one side of the project.  On the other side is Cadman Plaza so that’s a beautiful park.  There’s another beautiful park that you have views over.  So really, you have fantastic views all around.

    * * * *.

It’s located outside the Brooklyn Heights Historic District and the limited height district, so that’s the limited height district I was talking about earlier. .  So this is outside of that.
The written portion of the RFP is similar, if a tad more cautiously phrased:
The site. . .overlooks the picturesque Cadman Plaza Park in the heart of Brooklyn’s Civic Center . .  The site enjoys park views to the east with the prospect of achieving views of Manhattan and Brooklyn skylines, as well as of the New York Harbor and bridges.
What would be the advantage of developing a project for its western views over toward the harbor over neighboring buildings that are limited to a five-story height restriction if your own new building, with 50%+ development rights transferred out, can only be about five stories or a little bit taller.  Conforming to the FAR  restrictions, one way to make building taller is to stack up the floors in a more needle-like fashion, using a smaller building footprint.  The library building footprint is small enough that the building built there will probably be squatter, taking up a fair portion of the site.

What Forest City Ratner Has To Sell

But where will the development rights come from to build the taller building seemingly presumed?  Normally, they would have to come form an adjacent building on the same block.  The only property adjacent to the library is the Forest City Ratner building, One Pierrepont Plaza (also know by its original address of 159 Pierrepont Street). . .

. . . Is it possible that Forest City Ratner still has those buildable rights unused to transfer back?  It would seem unlike a developer let acquired development rights go unused.*  And one would think that we should not expect city officials to transfer city-owned development rights to a developer when they were not needed.   Steve Spinola, now President of REBNY (the Real Estate Board of New York), was the city official handling the transaction with Ratner at the time.
(* Although, we have to remember that Forest City Ratner threatened to stop construction and build only a portion of its Gehry-designed 8 Spruce Street Beekman Tower building.- See: Downtown Housing Complex May Downsize, Thursday, March 19, 2009.)  
I checked, and, as far as I can discern, there has been no upzoning of the properties since the rights were transferred to Forest City Ratner that would now make those rights surplus so they could be transferred back.  Nevertheless, it is not clear that the Ratner property actually needs those rights that the city officials transferred to it in 1986.

Public records put the size of the Forest City Ratner One Pierrepont Plaza site at about 45,780 square feet.  Those numbers should never be complacently relied upon, but when I worked to do my own calculations the slightly larger figure I got was very close to this number.   The Forest City Ratner building is a commercial building so the permitted FAR is 15 under the zoning.  That would come to a permitted buildable FAR of about 691,845.00 square feet.
Shaded area on city tax map above is One Pierrepont Plaza/135 Pierrepont Street site owned by Forest City Ratner.  Rectangular shape at south wrapped around by it is 153/157 Pierrepont Street owned by Saint Ann's School
How much of the permitted amount has Forest City Ratner actually used in building its building?  The merger of zoning lots document, on the public records, refers to the Ratner building as having a permitted 601,079 square foot building floor area figure.      

Forest City Ratner’s own website boasts that the building is built on the One Pierrepont Plaza site is only 659,000 square feet; that makes it look like Forest City Ratner might be able to transfer all of the library's rights back if somebody wanted to pay the right price.

Beforehand, in 1985, the New York Times reported that Ratner was only going to build a 600,000-square-foot building.  One real estate website has the Ratner building figured at 725,991 square feet and with an FAR that is a little over what is permitted (same thing with Property Shark) but which would still not use up the 140,919 square feet that was transferred from the library to Forest City Ratner in 1986.

So Ratner may actually have the development rights to send back for a price.  But here is another important thing to consider: There’s another way to bring more development rights to the site, so long as Forest City Ratner remains the gateway for the transaction: There is another property on the block using less than its permitted development rights, 153/157 Pierrepont Street owned by Saint Ann’s School.
The entire block, Ratner Property highlighted, showing what, with Ratner cooperation, could be treated as a single merged zoning lot to transfer development rights from Saint Ann's School to the library site
Above, Saint Ann School building with development rights that are not yet utilized.  Ratner property is in the background, literally and metaphorically
The Saint Ann’s property on the block is about 3,979 square feet (these calculations seem to approximately check) and the building is reported to be 27,680 square feet which probably leaves it with about 32,005 square feet of rights to transfer to the library site which could be easily done if it merges zoning lots with the Forest City Ratner property.  Both developer information sessions that day were attended by Matthew Bloom, Director of Finance and Administration for Saint Ann’s School.  (At one point, during the meeting I was at, Mr. Bloom introduced himself to the room and the EDC representative suggested that the developers in the room be in touch with him, but that was about providing space for a temporary library, the subject Mr. Bloom raised, not about development rights.) 
Are there other ways that Rater could be the conduit of additional development rights to further increase the height of the library building?  Indeed there might be, but that a gets into a level of zoning arcana mixed with speculative guessing I am not willing to take on in this article: Ways of connecting Saint Ann's buildings, Bank vaults, tunnels, street condemnations, whether cultural space like the library space (or even Saint Ann's) counts against the permitted heights on the merged zoning lots.  Interesting to note: Those working on the recent creation of the nearby Downtown Brooklyn skyscraper district said that the Brooklyn Heights Library block was intentional excluded from it. 

The Sale Gets Pitched: Public Officials Working for Forest City Ratner’s Benefit?
Neighborhood Amenities in the RFP

Whether or not Forest City Ratner becomes the library site developer in order to profit, all of this is likely to mean that:
    a.)  a lot, or most of the development rights for the building to be built to replace the library are coming from or through Ratner and Ratner gets to keep the lion’s share of the proceeds for these development rights, while

    b.) at the same time the net proceeds going in any way to the public are much reduced because of the demolition and rebuilding costs together with what the public loses as it tries to operate with a smaller temporary replacement library for some number of years.
If so, then any city-paid public or library administration official making the sales pitch hawking library development rights are actually working more for the benefit of Forest City Ratner than for the public.

The city EDC and library administration officials were, indeed, hawking the value of the development rights big time at the July 17th developers information session:
    . . I’m going to discuss the highlights of Brooklyn Heights, and you know, more than most people, what those entail I’m sure.  But, to talk about the prime location here: I’ve said this before, we do talk about prime development opportunities a lot at EDC; we use that phrase, we bandy it about fairly frequently-- This particular project really is a prime development opportunity. [appreciative developer laughter] It’s located at the heart of Brooklyn Heights.  So it’s really the nexus between Brooklyn Heights and Downtown Brooklyn, so we have the residential neighborhood of Brooklyn Heights to the west and then you have the financial hub of Downtown Brooklyn to the east and it really is the nexus, the apex of both of those locations, both of those districts.

    The residential neighborhood of Brooklyn Heights is among the most desirable in New York City, and that’s New York City, not Brooklyn.  The sales comps that we are seeing in that area, whilst we are not brokers, and we wouldn’t want to tell you how to write your pro formas, are ahead of $1000 per square foot in that location.  It’s a beautiful residential area and we want to be able to service that community as well as the surrounding downtown neighborhood.

    It’s accessible to numerous transit lines.  So you have the Jay Street hub, you have the Borough Hall hub, the subway lines.  You have Clark Street, Court Street, High Street, all of these different subway lines are serviced at this location. There are parts of Manhattan that are not as well serviced as this particular site and you’re able to get to downtown Manhattan within minutes.  I live on the Upper West Side and it takes me over half an hour to get to work here and it takes anyone else from Brooklyn heights or that neighborhood less than five minutes.
To reiterate, the sales pitch, like the sale of the library itself, is more for the benefit of a developer, Ratner, than the public, the kind of thing that Citizens Defending Libraries has been pointing out since it was created in February to challenge these real estate deals.

Libraries And Their Relationship To Public Transit Benefits
From the RFP- The ease of access transportation from which the library site benefits- Click to enlarge
The sales pitch that easy accessability by public transportation is a good thing is correct.  Easily accessible transit is also desirable to consider when locating libraries.  When Citizens Defending Libraries met with the NYPL’s Chief Operating Officer, David Offensend, explained that one reason that the NYPL sold the Donnell Library to shrink it was that its services could be relocated, “better located,” to places that “would better serve the patrons, so the Central Children’s Room, for example, came here [the 42nd Street library], a far more convenient location for children and families, frankly, than 53rd Street, there’s more public transportation.”

Was Donnell in central Manhattan really that ill-served by subway lines?  Whether that may have been so, moving library services out of the superbly accessible Brooklyn Heights and downtown neighborhood is certain to significantly diminish public services.

Gatekeeping vs. Owning To Make a Profit

There has been a lot of speculation about whether Forest City Ratner, with the inside track (and certainly all these factors help put it on the inside track), will ultimately become the actual developer of the library site, but what should be discernable from the discussion above is that it is not necessary for Forest City Ratner to itself become the owner or developer of the library site in order for it to profit greatly from the transaction.  Ownership of real estate is not a prerequisite to making a profit; sometimes it is enough to be the gatekeeper of development.  One way we see this now is with very recent events with Atlantic Yards, a mega-monopoly bequeathed Forest City Ratner, by our government officials. . .

. . .  It has been recently reported that Forest City Ratner is trying to sell the substantial majority of its interest in that mega-project to an investor.  (See: Thursday, August 22, 2013, Times: Forest City's trying to sell up to 80% of Atlantic Yards (and didn't extended deadlines help Ratner gain "layup"?).)  This divestiture would be in lieu of complying with suggestions from the community that the government break up the mega-project to bid it out amongst multiple developers (something necessarily now legally under consideration as part of the new environmental assessment that is being done).  With Forest City Ratner selling out to an investor this way instead, Forest City Ratner retains its development gatekeeper function.  That gatekeeping function would arguably be better held by the government.  Additionally, any big investor brought in is likely to help Ratner lobby against any proposed break up the mega-monopoly.

Another factor giving Forest City Ratner another inside track with respect to the development of the library site is that the developers at the information meeting were told that, aside from the zoning:
    . . . this particular site is subject to a special permit, which you may have read in the RFP, that was awarded to the One Pierrepont Plaza lot next door [to Ratner] so the FAR and the height and setbacks are specified in the special permit, in fact, not in general C6-4 zoning so please bear that in mind, and if you want to look into this further you should buy a site file which has a special permit. .
The “site file” was being made available on CDs EDC was producing.  Although those CDs must cost mere pennies to burn and are probably also obtainable through a freedom of information at request, EDC was only making them available to those paying $50.00 for the privilege of getting one.

At the meeting, I also asked about the garage currently existing under the Ratner property and the possibility for a combined garage which would give Ratner yet another inside track.  You can see if you can spot my questions in the paraphrased questions and answers from the two information session EDC has published at its website.

Will the RFP award the library property to the highest bidder?  Not necessarily, and there are conundrums to be hurdled about how the final results will be achieved.  Part of this ties in with how the tangles involved in so-called public-private partnerships are manipulable (too frequently for what turns out to be  private benefit).  In the end, outside the outlines of formal RFP, the BPL will be negotiating with the developers for them to do the “outfitting,” or the build-out of the `replacement’ library.  It seems as if it will probably be done in such a way that the developer works with the BPL to avoid application of the city’s Wicks minimum wage law.  This will be a big-ticket item despite the planned shrinkage of the library.  The negotiation presents a way of swinging the contract outside of the formal bidding.
"Zoning Calculation" requirement from RFP
The contract doesn’t necessarily go to the highest bidder anyway.  Feasibility will be judged.  One thing affecting both potential for achieving a high bid price and the ability to present a convincing “zoning calculation” for feasibility sake is, according to the RFP language “Zoning calculations and analysis should reflect the entire zoing lot (including Lt 1) and address the special permits and zoning requirements referenced in the Declarations and Approved Plans.’  In other words: `Deal with Forest City Ratner.'

The BPL won't announce any details about the bids and bidders when they come in.  We'll all wait in suspense as the negotiate behind the scenes.


City Officials Represent They Have Not Been Dealing With Ratner

Near the end of the information session there was a question about whether there were issues with One Pierrepont Plaza that might not be showing up, whether there was, for instance, any granting of easements for light or air, that might not show up.  The question evoked this denial that there had been any previous communications with Forest City Ratner:
    Well, we haven’t spoken with, uhm, Forest City, ah, yet about this particular project since it’s not really underway.  What we can tell you, uhm, is that, ah, we believe that during the ULURP process, ah, because they were co-applicants, uhm, on the special permit they may need to consent to a modification of the special permit.  Uhm, but that’s the only, ah, thing that we foresee, uhm, we can’t foresee any other issues with Forest City.
So, without talking to Forest City Ratner, a decision was made to sell the library when half of its development rights were sold off and the only way to get back development rights for the project expected to be built would be to get them through Forest City Ratner?  Really?

A Lock On Value Where Ratner Holds The Key

The perspicacity of that question is greater if you consider that one reason that the Donnell Library was theoretically sold for such a very odd low price is because the owners of 666 Fifth Avenue had a light and air easement from the library, potentially interfering with the development.  It didn’t decrease Donnell’s value to the public as a library, but it did make getting value from any sale more complex.  What the questioner didn’t seem to realize was that the answer to his question was staring him in the face: In a fashion essentially similar to Donnell, the development rights to the Heights library had been conveyed out to Ratner so that anyone will have to deal with Ratner to get them back.

The introduction to EDC’s RFP says the RFP “presents a unique opportunity to . .  unlock economic development prospects in an increasingly valued  location,”; it just doesn’t say that Forest City Ratner has the key to the lock or is the one probably going to get the lion’s share of the benefit.

Public Officials Must Stand Guard

In the end, it's all going to come down to our politicians and elected representatives to prevent these absurdities for which only the public in the end pays.  Particularly important are those who may come into office in this current election cycle.  Over the years, Forest City Ratner has been a long-standing and certified nemesis for many.  One of them, City Council member Tish James, is now engaged in a campaign for Public Advocate in a Democratic primary now headed for final determination in an October 1st runoff election between Ms. James and state Senator Daniel Squadron.  The Forest City Ratner involvement in spearheading the sale of our libraries could wind up being a boon to Tish James' campaign. . .

. . . Tish James has not only been fighting against the sale of New York City libraries since these plans were unveiled, she led the fight against Forest City Ratner’s Atlantic Yards mega-monopoly.  Squadron, her opponent in the race, was condoning the sale and shrinkage of the Brooklyn Heights Library, with the moving of its Business and Career Library out of the business district and away from the vaunted subway access and mass transportation access it now enjoys.  Squadron has also been taking campaign money from the NYPL’s David Offensend, a key player in formulating and pushing deals for the sell-off of public libraries.

Noticing New York previously wrote about how the public funds infused into Ratner/Prokhorov “Barclays” arena to create private profit for Ratner are likely now coming to help finance and push the behind-the-scenes drive for things like the sell-off of our libraries and hospitals like Long Island College Hospital (LICH) at the other end of Brooklyn Heights.   See: Tuesday, April 30, 2013, Relevance of Mayoral Debate Discussion About Forest City Ratner Atlantic Yards Misconduct To The Sale and Underfunding of NYC Libraries.

One half hour before the kickoff of his runoff campaign Mr. Squadron issued a press statement his campaign handed out at the kickoff press conference, saying that he now opposes the library sales.   Mr. Squadron’s new position needs to be amplified and clarified, but it is evident that the Citizens Defending Libraries campaign is having its effects.

Because the Public Advocate’s job is to serve as check and balance, keeping the Mayor’s office on track in terms of serving the public good, who gets elected as Public Advocate will be significant for the libraries.

The Mayor And The Library Sell-offs

How important is it who becomes Mayor?  It is the Mayor who largely determines the budget for libraries, but because the city’s libraries are technically run by three not for the profit corporations, the NYPL, the BPL and the Queens Library, people every now and then request Citizens Defending Libraries provide extra convincing evidence that it is Mayor Bloomberg, underfunding the libraries, who is behind these sales and is trying to push them through before he leaves office.

Last week, WNET’s Metrofocus put up this slide of information (below) provided by Mayor Bloomberg about what he wants to accomplish before leaving office.  It says he wants to push through the NYPL’s Central Library Plan, and (something potentially related to its real estate sell-off plans) he wants to push through the extreme upzoning of Mid-Manhattan around Grand Central Terminal. 
The information from Michael Bloomberg’s website engages in the deceptive characterization of the Central Library Plan’s as creating the “largest circulating and research library in the world” when it is actually a shrinkage and sale of libraries, reducing more than 380,000 square feet of library space to just 80,000 square feet.   (Examined at length here: Saturday, July 13, 2013, Deceptive Representations By New York Public Library On Its Central Library Plan: We’re NOT Shrinking Library Space, We Are Making MORE Library Space!)  What Bloomberg is talking about is selling two of NYC’s most important Manhattan libraries and destroying a third.

Respecting the Brooklyn Heights Library, BPL spokesman Josh Nachowitz has said that it is the goal of library and city officials to have a contract for its sale executed with a developer before December 31st, the last day of Bloomberg’s final term.

Meanwhile, as all these transactions are benefitting the wealthy at the expense of the public, money is flowing uphill in this city to the wealthiest.  Bloomberg’s annually increasing wealth just jumped again, this time from $27 billion to $31 billion in the last six months.  In 1979, the year he declared his interest in politics in his  biography, shortly before running for mayor his wealth (the digits reverse and a decimal point shifted)  was $1.3 billion.

Thankfully, Bloomberg will soon be out of office and Citizens Defending Libraries has brought Democratic mayoral candidate Bill de Blasio to the cause of opposing the sale of the cities libraries, including the Central Library Plan and the sale of the Brooklyn Heights Library.  It is interesting to note that New York Times martini glass graph of de Blasio’s support shows his support fanning out to grow terrifically as of the July date when he held a press conference to oppose these library sales with Citizens Defending Libraries and the Committee to Save the New York Public Library on the steps of the 42nd Street library.  All library-related support?  Probably not, still the library issues are emblematic of other "Tale of Two Cities" issues where public assets are being sold off for other than public benefit, issues that went far to earn de Blasio his support.

But it is going to require more stories like this one that shine light on these transactions to keep our elected representatives on track protecting the public.