Showing posts with label Willets Point. Show all posts
Showing posts with label Willets Point. Show all posts

Thursday, May 5, 2011

Good Grief! More Stories (Involving Computers and Schools) Deflating The Bloomberg Management Expertise Myth

(Above: Michael R. Bloomberg has created a plethora of self-laudatory faux websites, "Mike.com, "Mike.org," and "Mike.gov"- more about that here. It seemed fitting that one more be added to that Pantheon, happily supplied by NNY above, in light of recent news stories: "Mike.mismanage.gov". Click to enlarge.)

Come on, quit it. Enough already. I am not looking to do another Noticing New York story on this. But, here it is. It can’t be avoided. Noticing New York has some new links for you.

If Bloomberg is supposed to have brought any expertise with him from the private sector other than self-salesmanship it would theoretically be that he knows how to manage a computer information empire. And if Bloomberg were to push anything to the forefront for consideration and public admiration about the top priorities and goals focused on by his administration it would likely be improvement of the city public school system.

Computers, schools.

It seemed as if Noticing New York had adequately dispensed with the subject of how inadequately the Bloomberg administration was doing in these touchstone areas, computers and schools with several pieces in the wake of two scandals recently in the news: the early forced resignation of Schools Chancellor Cathie Black and the $80 million fraud in the CityTime payroll and time sheet computer automating scandal where some of the core of fraud ironically involved falsification of time sheets.

See all of the following:
Saturday, March 26, 2011
The Myth Of Bloomberg’s Management Expertise Reexamined: What Happens When Government Doesn’t Manage Its Programs

Saturday, April 9, 2011
Add To Bloomberg’s Other Mistakes: Mistakes In NOT Acknowledging Mistakes, Including A Certain Ratner Mega-Monopoly

Monday, March 28, 2011
Take TWO (AYR’s) On Times Coverage- Revisiting Light Shed by CityTime Outsourcing Scandal When Reexamining Bloomberg Management Myth
Another Story Computer Fraud (Affecting Schools) Undetected By Bloombergian Management

No sooner had these articles put to bed what ought to have been a convincing case that Bloomberg overrates his own expertise when we get yet another revelation in this vein. And what does it pertain to? You got it, computers and schools, specifically another fraud during the installation of a new computer system, this time one for the city school system. Again it involves work that was contracted out to the private sector. According to the New York Times whose headline for their coverage was a summing up of this point, the work being done seemed suspicious to those on the sidelines (IBM contractors) as far back as 2002, a date when Bloomberg was newly in office and reportedly giving great scrutiny to the city computer systems (January 2002) and schools (March 2002). Selections from the opening of the Times story:
Sometime in 2002, a manager at I.B.M., which was working on a large project to wire New York City schools for the Internet, noticed something unusual about payments the company was making for some workers.
The manager asked a colleague if this was proper . . . The colleague said others at I.B.M. were also concerned, with one saying he “did not trust Lanham.” But Mr. Lanham . . . assured I.B.M. that he had spoken with a supervisor at the Education Department, who “was O.K. with it,” and the matter was taken no further. . . .

It was the first of several warning signs about Mr. Lanham, whom investigators have accused of stealing $3.6 million from the city through marked-up billings using a complex scheme of contractors and subcontractors . . . .. But because of Mr. Lanham’s unchecked power over the project, which the city was paying him $200,000 a year to oversee, virtually all of the suspicions came to naught.
(See: Doubts About Schools Consultant Charged in $3.6 Million Fraud Dated to ’02, by Fernanda Santos, April 29, 2011.)

It seems appropriate that Noticing New York provide an update. But it is also helpful to hearken back to put it in context because, otherwise, the busy reader might just wind up thinking they were reading the same story over again- “Oh, yeah, yeah, I’ve read that one already.” But you haven’t read this one before and while it's similar and amounts to piling on of more of the same, it’s a different story, something you might not realize from glancing over the Times Story or its headline until you get to this language buried in the middle:
The case, which comes on the heels of an $80 million fraud prosecution involving consultants on another city project, the CityTime automated payroll system, illustrates again the vast amounts of money the city is spending on technology, and the trust it was putting in independent consultants.
The Times story neglected to mention that these scandals are both in the area of the mayor’s vaunted expertise, computer data system management.

Policing the Police With Computers

Meanwhile, the Bloomberg administration is reassuringly selling computerization as the cure for the Police Department ticket-fixing scandal in the news the last few weeks. (See: April 22, 2011, Bloomberg Says Computers Will Cut Ticket-Fixing, By Diego Ribadeneira.)

And One More Story of Waste and Inefficiency Involving Bloomberg Bringing Computers to the City Schools

The foregoing stories about Bloomberg’s failures with respect to computer data system management also have to be distinguished from this other new story from WNYC, again involving a computer data management system for the city’s schools: Bloomberg By the Numbers: $80 Million School Data System Still Evolving, Thursday, March 24, 2011. Although this account involving “ARIS” (the Achievement Reporting Innovation System) doesn’t involve allegations of fraud it does involve allegations of disappointing waste and inefficiency.

Here’s how the WNYC report begins, together with a few excerpts from what ensues:
If there's one over-arching principle Mayor Michael Bloomberg has brought to city government, it's accountability through data. If you can measure something you can manage it better.

In 2007, the Bloomberg administration launched a new computer system for the city schools called ARIS, the Achievement Reporting Innovation System. The goal was to put information about test scores, attendance and student histories all in one place to help principals and teachers do a better job of reaching their students and improving performance. But the $80 million system hasn't yet achieved its full potential — even at schools that use it heavily.

* * * *

If ARIS is struggling to keep up with changing demands of teachers, that's partly because it had a difficult roll-out. IBM had to turn over most of the work when it fell behind schedule. The project was handed over to a subcontractor, the Brooklyn-based Wireless Generation (now owned by Rupert Murdoch's News Corp, which also hired former Chancellor Joel Klein as a vice president for educational technology).

Sources said this wasted time and money. Plans to make the system more user-friendly for teachers to share information with one another got put on the back burner and so were plans to allow more regular updates of school-by-school data. But Suransky said ARIS should be able to add some of those features in by the fall with a feature called ARIS Local.
Troublesome Focus on Management by Troublesome Statistics

If you spend time absorbing the whole report (which is not all negative) you can form your own impression of whether Bloomberg’s constant emphasis on “data” and computerization makes managerial sense. It is possible that all this technology can just be a wall between real people and that in education the answers are really more about how real people interact with each other.

Also, sometimes Bloomberg data is just wrong and self-serving even as it goes unquestioned. Consider his statistics about the presumed growth of the city, or this respecting the Bloomberg administration’s statistics on: 1.) school test score improvements, 2.) addition of affordable housing units (as many were being lost as created), 3.) the lack of job creation and quality job creation, and 4.) police statistics. (On the presumed growth of the city see also this excellent piece summarizing a Francis Moronne Historic Districts Council address from Atlantic Yards Report: Friday, April 29, 2011, PlaNYC 2030, the questionable estimate of 1M more people, Morrone's history of erroneous NYC predictions, and the preservation movement.)

Bloombergian "Start From Scratch" Grandiosity

When you are questioning the reliability Bloomberg’s management expertise and the extent to which his statistics reflect a real world versus Bloomberg’s desire for an exulting edifice-complex oriented headline, the statement the in the Times about Bloomberg’s “big push” for an applied sciences school (“envisioned as one of the largest development projects in the city’s history” - What? Bigger than the Atlantic Yards mega-monoploy handed to Bruce Ratner?) has more ominous resonance:
William A. Zajc, chairman of Columbia’s* physics department, said the idea for an applied sciences school was a “field of dreams venture.”
(* Is this gripe just because Columbia doesn’t want competition for its takeover of West Harlem?)
(See: Bloomberg’s Big Push for an Applied Sciences School, by Javier C. Hernnandez, April 26, 2011.)

Some more tidbits from that Times story:
Critics have deplored the city’s willingness to offer incentives at a time of economic distress.

* * * *

“In a period of economic crisis, when we are so tight with our budget, we should not be giving incentives to private institutions,” City Councilman Ydanis Rodriguez of Manhattan said.

* * * *

The idea is one of the more imaginative proposals to come out of Mr. Bloomberg’s City Hall, but it may also be among the riskiest.

* * * *

Some have faulted the city for not clearly articulating how it might recover some of its investments if the school does not turn out to be the economic engine that the mayor expects.
The Times story also includes criticism that the mayor should, instead, be thinking in terms of deploying the city capital (“the city has pledged to offer capital [$100 million or more] and public land”) to build upon and expand existing resources and programs rather than these grandiose plans to “start from scratch” which NYU’s proposal to the mayor dares to criticize:
“A ‘start from scratch’ approach that parachutes a new player into New York without the requisite ingredients that lead to success has the potential to be a waste of resources.”
Willlets Point, Atlantic Yards, Coney Island, even the Columbia expansion into West Harlem (potentially competing with the mayor's applied sciences school vision): Where else have we been hearing about the mayor’s intoxication with wiping the slate clean in order to “start from scratch” before building anything?

Yet, as the Times story notes, “Mr. Bloomberg has taken a strong personal interest in the project, embarking on a campaign-style effort to lobby university leaders and business executives” for his start from scratch approach.

Maybe Bloomberg is not serious about this new proposal. Maybe it is just that talking about parachuting “a new player into New York” just gives Bloomberg a better chance to roam around the country talking to power players on the national stage as he toys with the idea of replacing Donald Trump as the multi-billionaire Republican candidate to challenge Barack Obama in the next presidential election.

Net Net: When you read the Bloomberg stories in the news, they all have to be remembered and read together.

Wednesday, April 20, 2011

Fighting His Third Term Curse Bloomberg Now Uses His Own Money To Promote Mega-Projects That Aren’t Happening

Noticing New York already has already once covered the growing public perception that Mayor Michael Bloomberg is having problem-cursed third term with mounting public awareness of his accumulating mistakes. (See: Saturday, April 9, 2011, Add To Bloomberg’s Other Mistakes: Mistakes In NOT Acknowledging Mistakes, Including A Certain Ratner Mega-Monopoly.) In doing so, consideration was given to a New York Time’s article on the subject: News Analysis, Ever-Growing Image of a Stumbling Third Term for Bloomberg, by David M. Halbfinger, April 7, 2011.

Not mentioned in the previous Noticing New York post is that the Times article had this very interesting tidbit:
For his part, Mr. Bloomberg seems aware that symptoms of “third-term-itis” have manifested themselves. For weeks now, he has been using his own money to pay for campaign-style advertisements, nominally to bolster his battle with the teachers’ union, but widely taken as an effort to lift his sagging approval ratings.
I caught one of these personally financed Bloomberg “campaign-style advertisements” the other day (it ended with the legend: “Paid for by Michael R. Bloomberg”). Whether it was nominally or otherwise intended “to bolster his battle with the teachers’ union” or “an effort to lift his sagging approval ratings” it, surprisingly, prominently devoted precious moments of its 30 seconds to promoting Bloomberg’s big, city-assisted real estate developments. We are able to discern that the ad is talking about such real estate developments from the assisting visuals (see above/below) even though the projects are euphemistically referred to obliquely only as “critical job creation projects.”

Bloomberg announced just today that he is forming a "campaign committee" to oversee his spending to promote his positions and that his spending, to date, is in the "upper six figures." Does that sound like it's about to hit one million dollars? Mailers have also been landing in peoples mail boxes but, so far, not ours.

Surprise: The Best Defense for lack Of Project Headway?


It is a surprise that Bloomberg should be promoting his city-assisted real estate developments given that Bloomberg, now into his third four-year term, has made so little headway with any of his mega-development dreams. Truth to tell, most of the `jobs’ they have so far created have been only for those in the demolition trades. With all the demolition it is perhaps not so surprising that New York is not growing anywhere near as fast as Bloomberg expected. After all, the necessary corollary to “if you build it they will come” must certainly be, “if you tear it down they will leave,” certainly if you don't replace what you tear down.

During the era of Robert Moses, another famous tear-down artist (or should we say tear-down “mad scientist” rather than “artist”) the population of the city shrank dramatically. To be completely fair, Moses was also building a lot during this era, though much of it for cars that helped accelerate the departure from the city Moses' other policies were helping to foster.
The projects initiated under Bloomberg have all so far involved mostly just destruction: Atlantic Yards, Willets Point, the Columbia University’s takeover of West Harlem, Coney Island. Hudson Yards on the West side of Manhattan does not involve destruction except to the extent that its oppressive scale will likely detract from the benefit it will provide long term. But even though that particular mega-project did not require any Bloombergian-brand destruction to proceed, it has not preceded.

Even the most necessary projects that Bloomberg was handed as relatively ready to go when he took office have languished, Moynihan Station (which could be helping to jump-start the languishing Hudson Yards) is one key example. The very slow-proceeding replacement of buildings at the World Trade Center site should also be mentioned as one of the most unfortunate examples of a blank slate. We are now approaching the tenth anniversary of that site’s demolition and Bloomberg, who took office only months after 9/11 has been in office almost that entire time. Bloomberg’s focus in that neighborhood was: i.) sending federal Ground Zero funds to his pet Waterfalls project, and ii.) the special benefits and variances his administration gave allowing an extra large Goldman Sachs building to go forward across the street from the Ground Zero site where it would override and diminish the quality of the carefully thought-out Battery Park City plan while competing with the Silverstein Ground Zero buildings.

Similarly, Brooklyn Bridge Park was ready to proceed when Bloomberg took office but Bloomberg only got started with it when he was electioneering for his third term. See: Monday, May 24, 2010, Looking a Gift Horse in the Mouth? An Examination of Brooklyn Bridge Park in Terms of the Politics of Development, Part I. And attention to proceeding with building upon the vacant riverside expanse at Queens West was neglected while the Bloomberg administration preoccupied itself with the Olympics bid and what it might tear down elsewhere.

Surprise: The Best Defense for lack Of Jobs?

It is also surprising that Bloomberg is advertising his languishing city real estate projects as “job creation projects” given that, for instance the Atlantic Yards arena is now mainly famous for the jobs it isn’t creating while the housing to be constructed is now conspicuously in the news for the cutback in jobs associated with the developer’s announced intention to shift to modular construction, building the tallest modular building in the world (if this pushing-the-limits of technology is permitted), and perhaps making the densest area of North America a forest of such units.

Even if one focuses on the construction industry jobs stimulated by the Bloomberg administration’s massive up-zonings of certain areas around the city, those temporary construction jobs must, in areas like Williamsburg, be weighed against the many blue collar jobs were simultaneously lost with the abrupt and total zoning changes that were passed. Now in Williamsburg there is an oversupply of new luxury units along the water while just a little further inland we witnessed a wholesale abandonment of new residential construction projects (caused by the financial crisis) lying fallow on formerly occupied industrial sites that provided the kind of jobs and economic activity that would likely have survived that downturn.

How NOT to Produce an Affordable City

It is true that economic growth fosters population growth, but perhaps more important, population growth (and sometimes economic growth) is spurred by affordability. There are only so many wealthy people in the world. The parts of the country growing the fastest are generally where new residential units can be produced quickly and cheaply. In theory, the Bloomberg administration is interested in generating many new units in order to foster growth. But Bloomberg’s destructions do not necessarily result in an increase of affordable units. They are more of a churn, or something worse. Atlantic Yards provides a sorry example.

Atlantic Yards involves tearing down existing housing units, many of them exceedingly affordable, and replacing them, in time, with a greater number of less affordable units. While those units will be replaced in time, in the interim they are being replaced with nothing at all. (The interim will involve several decades during which we can measure an associated population drop.) Even if the units are eventually replaced as planned they will be replaced by diverting and misallocating housing subsidies from other projects where those subsidies could be more effectively used to provide more affordable housing (more of it and at lower cost) without the destruction of existing units involved at Atlantic Yards.

The Percolated Popping of the the Population Projection

Bloomberg’s preoccupation with a predicted growth of the city’s population began at the very beginning of his second term. At his second inauguration on January 1, 2006 (lack of progress building at Ground Zero was already an issue) Bloomberg made the point then that, “our population is at an all-time high.” That same month Bloomberg disclosed that city planners were drafting a strategy to deal with this expected growth and then in mid-February the administration officially announced that the population was expected to go from what the administration then estimated was a record 8.2 million at that time to nearly 9.4 million in 2025. (See: By 2025, Planners See a Million New Stories in the Crowded City, by Sam Roberts,
February 19, 2006.)

Was the city’s population then really the 8.2 million the administration says it was in January of 2006? The brand new census figures state that the city’s population grew only 2.1% in the last decade and is currently 8.175 million, lower even than what the administration estimated in 2006. The Bloomberg administration is disputing the new census figures, in part because the lower than predicted numbers found by the census may cause the city to lose aid, but there is thinking that these numbers may be right. Back around the time the city promoted its 8.2 million estimate it had also been disputing lower numbers found by the census and lobbying the Census Bureau for revisions to adjust the numbers upward, with success. According to the Times, writing in early 2006:
The latest official census figures actually showed a slight decline in New York State's population. But, on the basis of housing construction, the city has successfully challenged recent city estimates, and the Census Bureau has accepted the city's figure of 8,168,338 as of 2004.
No matter whose figures you take that would mean that the city population has been hovering at a nearly unchanging level since 2004.

The census had accepted the boost to that 8,168,338 in the fall of 2005 based on statistical work done by the director of the population division of the Department of City Planning, and his colleagues in other branches of city government, Joseph J. Salvo, and according to the Times, “his colleagues in other branches of city government.” (See: With New York Help, Census Finds 64,000 New Yorkers, by Sam Roberts, October 4, 2005.) These administration officials found another 64,259 New Yorkers (“as many people as live in all of Santa Fe, N.M.,” points out the Times) not by use of statistical sampling, but instead uncovering “housing units and people that the census had missed.”

The Times article quipped:
The revisions have also propelled Dr. Salvo's name into the lexicon of American demography. John H. Mollenkopf, director of the Center for Urban Research at the City University of New York Graduate Center, called it "the Salvo effect."
The problem, in retrospect is that the census is unlikely to have missed the same units all over again when doing the new census just out. Also, back then the figures were interpreted to mean that as contemporaneously reported by the Times, “between April 2000 and July 2004, the number of New Yorkers grew by a total of 160,060, or 2 percent.” In other words, in four years the city was supposed to have grown the same 2 percent it is now suspected the city actually grew in the entire last decade.

The census now estimates that the city grew only 2.1% in the last decade. At that rate, it will take the 8.175 million population the census now estimates to be the city’s population until the 2080 decennial census to reach the 9.4 million figure the Bloomberg administration, in 2006, estimated the city would reach in 2025.

When in February 2006 the Bloomberg administration released its prediction that in the next 19 years the city would grow by another 1.2 million those projections were closely linked with Bloombergian rhetoric calling for major development throughout the city. In April of 2007 the Bloomberg-projected growth was included in the unveiling of the what is referred to as Bloomberg’s 2030 Plan or PlaNYC Although the Estimate of Growth Was Ever So Slightly Moderated. (See: Mayor to Unveil 25-year Outline for Greener City, by Diane Cardwell and Charles V. Bagli; William Neuman contributed reporting, April 20, 2007.) The Cardwell/Bagli times article about the mayor’s Earth Day hyped new plan opened with the population projection:
With New York's population expected to grow by one million in two decades, Mayor Michael R. Bloomberg will call on Sunday for a raft of ambitious and sometimes contentious proposals that are intended to ease traffic congestion, reduce air pollution, build housing, improve mass transit and develop abandoned industrial land.
Let’s see: 2007 plus two decades would be a population of about 9.4 million by 2027. The Mayor’s actual website for the plan is only a tad more circumspect in its estimates:
Our spectacular recovery has catapulted population to a record high - 8.2 million. By 2030 more than nine million people will live in New York.
Interestingly, since the new contradictory numbers were released by the Census Bureau the city has changed neither this text nor the accompanying chart showing the city reaching about 9.12 million in 2030. (See image below.- If corrected the second green triangle approximately over 2010 should be down more or less level with the blue square over the year 2000.)
(Chart from PlanNYC website.)

Bloomberg's Record on Statistics

Inaccurate representation population statistics should be added to a growing list: While the Bloomberg administration proudly revels in its image of having a hard-nosed statistics orientation, in October of 2009 the Times ran three separate stories about different areas where figures being provided by the administration diverged from reality. Its numbers were reportedly off in the areas of: School test score improvements, addition of affordable housing units (as many were being lost as created), and the lack of job creation and quality job creation.

Bloomberg’s police statistics are also in question.

Arguments For Growing the City Are Good

It is not that development and growth in New York City isn’t a good thing. It is. Among other things, more people living more densely in cities is good for the environment. Also, as Jane Jacobs pointed out in her Economies of Cities, city dwellers are also more economically productive and creative of new technologies. Much of the entire world economy takes place in very short list of the world’s largest cities. The world’s largest 150 cities account for only 12 percent of the global population right now, but they account for 50% of global GDP (“Gross domestic product”) or economic activity and that percentage is headed even higher. (See: How much global GDP do the world's 150 largest cities account for?, Marketplace Morning Report, Wednesday, April 13, 2011.) GDP isn't a perfect measure of value but that figure does communicate the gist of the idea that cities are productive places.

So there are reasons to strive to allow New York City to grow. But there are plenty of opportunities for the city to grow without the accompanying Bloomberg-style destructions.

The Absence of Population Growth Under Bloomberg

Why hasn’t the city grown significantly under Bloomberg even as he announced that this is what he has been directing his efforts towards? The February 2006 Times story initially announcing Bloomberg’s grand projections contain a clue, a quote from Robert D. Yaro, president of the Regional Plan Association:
“One way to keep these forecasts from happening is to make it prohibitively expensive to live and work here.”
This is essentially a pithy recap of what we reviewed earlier in this post with the precept that population growth (and sometimes economic growth) is spurred by affordability.

Is New York getting to be a more expensive city? Here is another window into the economy from September of 2007 to help answer that question:
Since Mr. Bloomberg took office in 2002, the city budget, adjusted for inflation, has swelled faster than it has under any other mayor during the last 27 years, increasing by 23 percent, to $60 billion.

By contrast, spending rose 8 percent during Mayor Rudolph W. Giuliani’s eight years, and 4 percent under Mayor David N. Dinkins, who served one four-year term. Mr. Bloomberg’s spending also outpaced that of Mayor Edward I. Koch, who increased the budget by 19 percent over his last two terms.
(See: Under Bloomberg, Budget and Revenues Swell, by Diane Cardwell, September 17, 2007.)

The point is not that Bloomberg increased spending 23 percent when the population was increasing less than 2 percent. The point is that he was able to do it and how he did it. He increased borrowing (which was appropriate after 9/11) and eventually raised taxes, fines and fees. The thrust of the above Times article is that Bloomberg’s salvation for all the extra spending was on the revenue side:
“He does look to the revenue side to meet needs,” said Charles Brecher, research director at the Citizens Budget Commission, a business-backed research group and a co-author of “Power Failure,” which studied New York politics and policy from 1960 to the early 1990s.
The revenue came mainly from the economy which is to say that it came from the concurrent Wall Street and real estate booms. Much less came from new fees and taxes:
Although the rise in revenues is overwhelmingly due to growth in the economy, roughly 15 percent of the increase resulted from Mr. Bloomberg’s imposition of new taxes* and fees, primarily the property tax increase, according to an analysis by the Independent Budget Office, a publicly financed research and policy agency that does not report directly to the mayor.

(* On of the subheads that appeared on the screen during Bloomberg-financed commercial was “No New Taxes”.)
Ironically, at the time Mark Page, then the city’s budget director, posited that there was “a major increase in revenue that has enabled us to cut taxes and spend more” resulting from a growth in the economy and the population. There have been a few things Mark Page wasn’t right about but given that it now looks like the population apparently wasn’t growing significantly, for Mr. Page to be at least partly right about this assessment of the city’s budget dynamics which he was in charge of understanding, revenues must have grown without the population growing.

There are two not so comforting answers to how this could be so. One is that, as Noticing New York assessed before, much of the revenues were short-term, up-front revenues derived from the real estate building boom. That is a problem because this short-term revenue is taken in all up front and as it is fluctuating or volatile it can at any time cease for long periods. It is also a problem to the extent that the revenues are derived from (and place a premium on continuing) a churn where existing city assets that are torn down are not necessarily replaced with assets that are equal to or better than those being lost. (Remember that with Atlantic Yards and the Columbia takeover of West Harlem there will be long intervening periods when we will get nothing.)

The other discomforting answer is that the revenues have been coming from the super-hyped up Wall Street economy. That economy, which faltered briefly during the financial crisis before it was saved by a rescue package targeted to its preservation, may one day suffer more permanent setbacks. Some of the ubiquitous new hedge funds may be creating and exporting world-wide value depending upon their particular operations. But surely others may be better compares with high-stakes gambling operations that reshuffled wealth to those spinning the wheel. How long are we to rest assured that these routines will be permitted to continue?

Surely push-back against the industry is a possibility when the operations of our urban financial centers are viewed as exporting to the rest of the country, and other nations like Iceland and Ireland, the impoverishment of crashing bubbles.

More Rich New Yorkers, A Group Apart

In the meantime those hedge funds pay taxes and generate some very rich New Yorkers. That does not necessarily mean that the city is more affordably attractive for the rest of us. Though the Wall Street incomes are going up, New York Area Median Income (the mid-line income level that 50% of us are above and 50% below) has been relatively stable. The annual median income figures that HUD uses to determine housing program eligibility have the New York area’s median income going up 10.85% (before adjustment for inflation) from year 2000 to year 2010, from $56,200 to $62,300. (The HUD figures involve occasional anomalies too complicated o explain here but these figures are fair and representative for the discussion here.) Meanwhile, according to figures from Edward L. Glaeser, whom we will say more about in a minute, average per worker income in Manhattan (total salaries divided by population) has been going up at a far faster rate than nationally and far faster than the area median income figures just recited:
Between 2000 and 2008 (the latest year available from County Business Patterns) payroll per worker in Manhattan increased by 35 percent (7.8 percent in real terms — that is, after adjusting for inflation) to $102,000. Over the same period, national payroll per worker increased by 25 percent (for no real gain) to $42,000.
Glaeser’s figures are only the 2000 to 2008 years available to him. The HUD New York area median income figures for those same years went up from $56,200 to $59,700, or 6.22% compared to the 35% average income figure increase presented by Glaeser. Glaeser points out that in real terms, after adjusting for inflation his figures represent a 7.8% increase. After adjusting for inflation the HUD figures represent a 14.2% decrease in buying power. While these figures may be challenged as less than perfect for exact comparisons they clearly do well enough make a point that people probably generally sense anyway, that measurable incomes are going up at the upper end of the New York income spectrum with the average salary being dragged up by Wall Street’s salaries but declining for the typical Joe.

Edward Glaeser, an economics professor at Harvard, blogging in the Times notes three things about the residential unit count in New York City that explain the population’s rise by a mere 167,000 individuals in the last decade:
1. “the city ended up adding only 170,000 units over the decade, a 5.3 percent increase”

2. “Typically, population increases by a few percentage points less than the housing stock increases because of shrinking household size”

3. “the city’s measured vacancy rate increased to 7.8 percent in 2010 from 5.6 percent in 2000, which means 80,000 fewer units being occupied” (In other words of the only 170,000 units added over the decade there was a net addition of only 90,000 occupied units.
(See: March 29, 2011, The Census Surprise in New York, by Edward L. Glaeser.)

One thing to note about the 7.8 percent vacancy rate Glaeser cites is that it is an average vacancy rate and that, because of rent regulation, vacancy rates tend to be higher at the upper end of the market where market prices prevail more often rather than being held artificially low in the case of many regulated units. That means that an even greater proportion of the vacant units are likely to be amongst the new supply of luxury units added by the Bloomberg administration policies.

Luxury living also suppresses population in relation to the housing supply in another way: Disproportionate increases in wealth can also effectively empty space (akin to what you get with shrinking family size) when, for example, the wealthy hedge fund manager decides to empty a Brooklyn Heights building that was previously occupied by ten families in order to reoccupy it with his or her family as a private townhouse, or similarly when a wealthier family buys and intends to occupy three apartments in a cooperative rather than one. If the market isn’t building additional units for the people getting pushed out the result will be higher housing prices and/or people leaving the city.

There is a theory about adding to the housing supply known as “filtration.*” It is a rough cousin to the theory of “trickle-down economics.” The idea is that the superior purchasing power of those in the upper end of the market can be harnessed to generate the construction of additional new housing units (much like construction the Bloomberg administration considers it is fostering) and the rest of society can benefit as older units are cast off by the upper classes. But this theory isn’t going to work the way it is supposed to if disproportionate increases in income at the upper end of the spectrum result in proportionately greater consumption of housing by the wealthy, say for example by buying infrequently occupied pied-à-terres.

(* “A survey that he conducted when he was a city housing official, Dr. [Frank S.] Kristoff [formerly chief housing economist in the Wagner and Lindsay administrations] said, showed that there were 2.4 moves within the city for each unit constructed. `If you build for the market, very effective filtration takes place,’ he said.” - See: Private Sector Is Paralyzed In Housing Slump Here; Nonsubsidised Housing Still In Slump,
by Alan S. Oser, February 15, 1970.)

Show Me the (Lack of) Money!

(Note: The Albany Times Union story selected for its headline about state fiscal woes appeared just days after this Atlantic Yards Report story about how Bloomberg appointees had neglected their fiduciary duties as board members in raiding funds from the MTA for the developer of Atlantic Yards.)

Bloomberg’s self-financed commercial (that we originally started talking about) begins with a whiny complaint focusing on how New York City has run out of money and positing that it's not Bloomberg’s fault:
New York City: For decades we’ve sent billions more of our tax money to Albany than we got back. Now a state budget crisis is leading to hundreds of millions in budget cuts, cuts that threaten New York City teacher layoffs.
“Billions” . . “hundreds of millions”: It would be good to put such figures in perspective.

Bloomberg called the state budget an “outrage” when upon its announcement the city estimated that it got only about $200 million in benefits from the state budget of the $600 million the city requested. And, as highlighted in an ensuing City Hall press release, Bloomberg focused in on $300 million in revenue-sharing funds directed to the city that the new state budget was cut out.

The federal budget cutbacks in progress will also affect the city but, unlike the state budget cuts, the Bloomberg administration has gone low profile about criticizing them. Prior the April 8, 2011 compromise that averted the threatened shutdown of the federal government there were estimations that the city would be sorely affected by the federal cutbacks. (See: Republican Federal Budget Would Force Huge Spending Cuts On New York City, Gus Lubin, Jan. 25, 2011.) After the compromise there were brief announcements passed on via local radio that Bloomberg officials were studying the effect of the cuts on the city but subsequently there has been no New York City follow-up (although the projected negative effect on New Jersey cities across the river has been covered). Is Bloomberg’s low profile on this related to presidential ambitions?

Pending what more we might hear about this from the Bloomberg administration, here are the kinds of figures from proposed federal cutbacks that were of concern prior to the compromise: $150 million more cuts for the MTA, a $5 million cut for law enforcement, and a $9 million loss in pre-K Head Start funding.

All of these figures, the $300 million loss in state aid, the proposed $150 million + $5 million + $9 million cuts in federal aid are offered to put in perspective the $2-$3 billion being spent on a mega-monopoly like Atlantic Yards. Atlantic Yards is all being handed to one developer without bid. (See all the piles of cash in the Bloomberg commercial image above?)

It is true, the exact figures of what Atlantic Yards will cost haven’t been recently re-calculated (with shifting facts they ought to be) but the casualness with which the duty to calculate such figures has been ignored by the Bloomberg administration is part of the problem, together with the fact that the administration has never forthrightly and honestly presented these costs to the public. $2-$3 billion, my own calculation (that allows substantial room for error within the $1 billion range stated) is still accurate.

Not all of that $2-$3 billion will be spent in one year, as with other figures cited earlier which are annual budgetary amounts. It is also true that not all of the $2-$3 billion is city money (it is a co-funding mixture of city, state and federal money) or that it will all be spent during the three terms of the Bloomberg administration, but it is true that through his actions as mayor Bloomberg is seeking to commit the public to a totality of expenditures in that amount while he is in office.

The Core of the Problem With Bloomberg's Mega-Projects

These expenditures are a red flag advertisement to state and federal officials that the city doesn’t seriously need money, that when we have it we can afford to spend it frivolously even when we are advancing the most substantial portion of that for a basketball arena (the Ratner/Mikhail Prokhorov arena) which it has been calculated will result in a net loss to the public. That net-deficit-to-the-public arena was recently declared the “core of the project” in the state senate hearing testimony of Kenneth Adams, the man nominated to run ESDC, the state agency theoretically overseeing the project, thereby with Bloomberg’s aid, getting around the city reviews of and public participation that would otherwise have been required.

Merriam Webster provides these definitions for what Mr. Adams likely meant when he referred to the arena as the “core of the project” (I don’t think he was analogizing to the stripped-away inedible remainder of piece of fruit somebody might hand you):
• a central and often foundational part usually distinct from the enveloping part by a difference in nature
• b : the essential meaning : gist
• c : the inmost or most intimate part
The "most intimate part" sometimes means or implies the most `honest' or part or part most honestly representational of the whole.

Or similarly from Dictionary.com:
• the central, innermost, or most essential part of anything.
If such a money-losing frivolity as the arena is “the core” of the significant large-scale expenditures Bloomberg is mobilizing, why then should the state and federal government send more money our way? And with money being spent so frivolously by Bloomberg, is it any wonder that the city, pursuing policies with the rhetoric of intending growth, has become too expensive for a growing population to reside here?

Bloomberg self-financed a 30 second advertisement to laud his accomplishments. Imagine what we might have had to talk about in this post if the ad we were considering had run a full minute.

Thursday, November 18, 2010

Extension of the Number 7 Subway Line to New Jersey: An Exciting Infrastructure Idea (With Only One Hidden Big Oops)

(Above, form the New York Times: A map drawn by Steve Lanset and Ralph Braskett showing their plan for an extension of the No. 7 subway line to Secaucus, also available on their website.)

Just out is the news that the Bloomberg administration is considering a further extension of the Number 7 subway sine all the way to New Jersey as a replacement for the proposed trans-Hudson ARC railway tunnel that New Jersey Governor Chris Christie just killed. Christie killed the ARC tunnel theoretically to save money even though:
. . . the ARC tunnel is a mass transit project that represents the creation of the kind of critical big-scale regional connections (like the Erie Canal) that have been an essential factor in the growth of our metropolis. The Times also writes about how the project was supposed to “provide jobs for 6,000 construction workers” and “raise property values for suburban homeowners.” In other words the ARC tunnel is the kind of mass transit infrastructure project that equitably confers benefit widely and stimulates development throughout the territory.
(See: Friday, October 8, 2010, Putting It Together: Who Should Be Selling Green Cards?)

Secaucus 7?

Extension of the Number 7 subway line to New Jersey is an exciting idea to think about although its serious contemplation is so new that it has not yet received the vetting of valuable, nay essential, public debate. The key to making it attractive is that it would be cheaper (it’s hoped) than the ARC tunnel. That’s because starting at 11th Avenue and going west from there, (rather than the Penn Station/Macy’s location between 7th and 8th Avenues) it would avoid “the costly proposition of boring a tunnel under Manhattan to Herald Square.” * (See: Mayor Bloomberg Explores Extending Subway to New Jersey, November 16, 2010, by Andrea Bernstein.) Further: “The line would also instantly take riders to Grand Central station, a holy grail of the ARC project” though commuters would have to switch trains in Secausus. The switch means there will be time lost in what will not be a “one-seat ride.”

(* At about “half the cost,” $5.3 billion, according to a supposedly “closely guarded,” (?)- now widely quoted- four-page Hudson Yards Development Corporation memorandum to which New York Times reporters got access.)

Extension of An Extension

For those who are not following closely, service on the Number 7 line currently goes as far west as Broadway and 7th Avenue at Times Square but, partly in preparation for the development of the far West Side and Hudson Yards, new tunnels extending it are in place all the way to 11th Avenue and considerably south from there. Those tunnels are expected to be put into service fairly soon in infrastructure-time terms. (See image from the New York Times on side: Click to enlarge.)

Official Acceptance of an Idea Taken Out of The Gift-Wrapped Box Community Activists Presented It In

It would be particularly thrilling to see the idea implemented because, according to a story in today’s New York Times, this idea, like the creation of the High Line, was one that officialdom first rejected and ignored when it was identified and promoted by grassroots members of the community. (See: Extend a Subway Line Under the Hudson? For Two Men, It’s Hardly a New Idea, by Patrick Mcgeehan, November 17, 2010.)

The Times reports about how two collaborators, Steve Lanset and Ralph Braskett, had set up a website (Subway to Secaucus) to promote the idea of such a subway line extension for which they received a lot of “abuse” and “very little praise.” Now, according to the Times:
On Wednesday, Mayor Michael R. Bloomberg attributed the idea to recent “thinking totally out of the box” by Robert Steel, his new deputy mayor for economic development.
We gather from this that in the Bloomberg administration “thinking totally out of the box” constitutes listening to community suggestions. Paging Jane Jacobs: She would have gotten such a good guffaw over this one. What is it about the far West Side? Where does it get its mojo that initially rejected suggestions by community activists would finally have been listened to twice in such quick succession: First the suggestion to create the High Line, and now this extension?

They Could Do It Again

If the Bloomberg administration wants to listen there are plenty more community activists willing to offer “thinking” that is “totally out” of the Bloomberg administration’s “box.” The Coney Island community is suggesting that many more amusement area acres be preserved at Coney Island* along with historic buildings that define the area’s heritage. And wouldn’t it be nice, as activists suggest, to see the sun and feel the sea breeze when arriving at the Coney subway station? Then there is the community’s UNITY plan for development of Vanderbilt Yards where, instead, the Bloomberg administration is allowing free rein (free reign?) to the developer-centric notions of Atlantic Yards developer Bruce Ratner that he should have a 30-acre, 40-year mega-monopoly. Among other things the UNITY plan calls for the development of this area to be split up and properly bid out to multiple developers. Back to this thought momentarily.

(* If more acres were preserved maybe historic boardwalk businesses would not now be getting evicted. In our eyes, recent Coney evictions proclaim that the amusement district was made too small, given that there is no space to share with authentic Coney Island history. And what sense does it make in terms of “economic development” to throw out time-tested and resilient businesses in the middle of an economic recession? A petition on the subject available here.)

Secaucus 7 or The Big Chill?

Some cold water is being thrown on the idea of the extension. It is put forth mainly in terms of whether the kind of federal funds mustered for the ARC tunnel could be redirected to such an extension. (See: Experts say plans to extend 7 line subway to New Jersey are a dead end, feds won't fund it, by Adam Lisberg and Pete Donohue, Daily News Staff Writers, November 18th 2010.) That criticism seems potentially surmountable while not addressing either the basic practicality of the suggestion or the essence of its merit. It might also be wondered whether the highway lobby would like people to believe that these funds can’t be redirected this way because they would prefer that funds be rerouted into automobile-related subsidies.

If, ultimately, upon debate and reflection the idea remains a good one and can be effected, it appeals to us on principle. Noticing New York favors an “infrastructure first” investment in mass transit. In particular, because of the broad benefit it affords and development it encourages, investment in infrastructure is to be favored as an approach to stimulating development that is superior to direct subsidies to private developers for projects they will privately own . . .

. . . There is just one big Oops associated with the proposed new plan for this subway extension and that is not with respect to what the city envisions doing going forward: It is with respect to what the city has already done. It has to do with the inadvisability of mega-developments.

The Inadvisability of Hudson Yards (and Other Development) as Mega-development

We have written before about reasons it was ill-advised to develop Hudson Yards as a one-developer mega-development. The principles also apply to other proposed mega-developments such as the 30-acre, 40-year Atlantic Yards mega-monopoly and the approximately 75-acre Willets Point single developer concept.

For more on this refer to what we wrote about Hudson Yards in this post (Monday, February 23, 2009, Un-funny Valentines Arriving Late: Your Community Interests at Heart) which points were extracted by Atlantic Yards Report in (Wednesday, February 25, 2009, Noticing New York's critique of major projects, and the path not taken of site preparation (at Hudson Yards and AY)). See also what wrote about the benefit of multiple developers versus mega-monoply development here: Monday, October 19, 2009, Thompson’s Advocated Multiple Parcels (a la Battery Park City) vs. Single-Developer Mega-monopolies Should Boost Developers’ Bids.

In summary form the points we raised were:
• Multiple parcels enable and speed development

• “Retailing” parcels increases developer bids, increasing funds the public will collect

• The absence of economies of scale for megadevelopment

• Avoidance of the four “M”s: Megadevelopment, (Mega-) Monopoly, Monoculture and Monotony

• The benefits of keeping the role of government and developers distinct when it comes to the provision of infrastructure (it should be the government’s job), particularly as it relates to working within economic cycles and the investment of stimulus to spur the economy in bad times.
Taking the last point first, it was easy to point out with respect to Hudson Yards:
If the government (as opposed to a private developer) was preparing the site it would not be necessary to postpone the site’s preparation at this time. Site preparation during the current economic downturn might even be cheaper. As it would be a public work, it would arguably be in the running for funding through federal stimulus, an important part of that being that the prepared parcels would later be bid out. But stimulus money cannot be given to a private developer already signed onto the deal because it would totally change the equation based upon which the developer bid to pay the public a low amount for the site. Used that way, the money would eliminate the risk developer assumed and constitute an award of enormous private benefit to the developer without bid.
In other words, if the city hadn’t farmed out all of Hudson Yards as a 26-acre mega-deal (which the city had to restructure for the developer’s benefit, see: Tuesday, April 27, 2010, Surprised? MTA Restructures the Hudson Yards Deal; Developer Cherry Picks More Benefit While Public Keeps the Risk) the city would have maintained substantially more latitude to deal fluidly with the economic crisis. Further, if the city had then stepped in to invest in the infrastructure associated with developing Hudson Yards, then New York citizens would have recouped a much greater amount upon a retail selling off individual parcels to multiple developers. Conversely, doing what it did- giving up its rights to the acreage first-, the city set itself up for a problem: If the city invested in infrastructure after already having sold these 26 acres to a single developer it would, as we wrote, “constitute an award of enormous private benefit to the developer without bid.”

Adding An "Extension" to the Concept Just Expressed

What we didn’t foresee when we wrote about there being an “enormous private benefit to the developer without bid” if the city invested in infrastructure after having already sold these 26 acres to a single developer was this new proposal to extend the Number 7 line.

This proposed extension is just such an investment in infrastructure, and guess what?: The developers love it.

How joyously are developers about embracing the concept of this new infrastructure? The rather developer-oriented Crains had a whole story devoted to it. We provide quotes below, beginning with its first paragraph:
A proposed expansion of the No. 7 subway line into New Jersey would be a boon for New York City real estate developers.

* * * *

“Every developer I've spoken to thinks it's a terrific, simple idea,” said Steven Spinola, president of the Real Estate Board of New York. “They all think it will be wonderful.”
(See: November 17, 2010, NY landlords embrace 7-line extension to NJ: Proposed project's lower cost and fewer disruptions seen as big plusses; gives fresh hope for West 41st Street subway stop—and area property owners, By Marine Cole.)

This was part of the Times article announcing the idea (emphasis added):
And the project would almost certainly serve as a boon for the planned $15 billion Hudson Yards residential and office development, to be built on platforms over the West Side railyards. That project has been stymied by the recession and an absence of demand for new residential and commercial space.
(Take the No. 7 to Secaucus? That’s a Plan, by Charles V. Bagli and Nicholas Confessore, November 16, 2010.)

The embrace by developers of the idea’s obvious benefit to them was also being discussed by
WNYC reporter Andrea Bernstein (and director of the Transportation Nation blog) on Brian Lehrer yesterday. Available at: The Brian Lehrer Show, Subway to Secaucus, Wednesday, November 17, 2010.)


The Big Oops on the Extension

What does all this developer enthusiasm about the extension of the Number 7 line mean? It means that in a world where this potentially ingenious plan goes forward there would be one more very significant reason why the city and the MTA could have gotten a lot more money and a lot better deal had the 26-acre Hudson Yards property been retained and sold to multiple developers as individual development parcels after the area’s infrastructure improvements were made. That option is now precluded because the Bloomberg administration, as is its bias, elected instead for a mega-development, mega-monopoly transfer of the property.

Monday, December 21, 2009

Eminent Domain Abuse: The Gifts That Keep On Giving and the Gifts That Don’t

We had a psychoanalyst in our family who was very concerned with what he charged the patients he treated: He wanted to make absolutely certain that he didn’t charge them too little. It was part of his theory of treatment, one commonly encountered in that profession. Psychoanalysis takes a lot of work. The analyst’s professional services alone are not enough; much of the work must be done by the patient themselves. Hence we get to what we will call Sam’s rule:
Don’t charge patients too little because, if you do, they won’t value the services you are providing them and they won’t do the work required.
Eminent Domain Abuse: The Gift That Backfires

Why do we bring this up? We took a trip last week to 8 East Street, New London, Connecticut. That is the address of the site where Susette Kelo used to have her home. As our photographs attest, the site is now a weed lot in a neighborhood of weed lots. If Susette Kelo had gotten her druthers it wouldn’t be that way: Her home would still be sitting on that site paying taxes in the neighborhood of taxpaying owners that used to exist there.

Be Careful When “Carefully Considering”

Susette Kelo was the plaintiff in Kelo v. City of New London, the case that went before the U.S. Supreme Court in 2005 wherein the Supreme Court famously said that Susette’s home could be taken away by eminent domain because the City of New London had, in the words of Justice John Paul Stevens, “carefully formulated an economic development plan” and (quoting the Connecticut state courts) had a “carefully considered” development plan concerning what should be done with the land it wanted to take from Susette. Proof being in the pudding, the plan was not so carefully formulated considered. The plan, hatched in 1998, envisioned:
. . a waterfront conference hotel at the center of a "small urban village" . . . restaurants and shopping. . . . marinas for both recreational and commercial uses. A pedestrian "riverwalk" [to] continue down the coast . . approximately 80 new residences organized into an urban neighborhood . . . space reserved for a new U. S. Coast Guard Museum. . . office and retail space, parking, and water-dependent commercial uses.
(This is all straight from the Supreme Court opinion.)

The plan was premised upon and supposed to be anchored by development by the Pfizer pharmaceutical company. In the words of the Supreme Court:
The NLDC intended the development plan to capitalize on the arrival of the Pfizer facility and the new commerce it was expected to attract.
Twelve years later we are on the cusp of a new decade. Not only has the economic plan not gotten off the ground, but in November Pfizer announced, without even notifying city officials beforehand, that it was leaving New London and this no-longer-a-neighborhood it was supposed to be anchoring. (See: Pfizer Leaving New London, CT; Just Don't Mention 'Kelo' While Reporting It, By Tom Blumer, November 10, 2009 and Pfizer to Leave City That Won Land-Use Case, By Patrick McGeehan, November 12, 2009 )

The Focus on Pfizer

Pfizer was so central to the plan that part of the fact-finding judicial review of the plan (as noted by Supreme Court Justice Kennedy) was consideration of the extent to which the plan might have directed disproportionate benefits to Pfizer: Specifically, quoting from the trial court (emphasis supplied):
"whether, in fact, the development plan is of primary benefit to ... the developer [i.e., Corcoran Jennison], and private businesses which may eventually locate in the plan area [e.g., Pfizer], and in that regard, only of incidental benefit to the city." 2 App. to Pet. for Cert. 261.
Based on a number of factors, including the testimony of government officials and corporate officers, the trial court concluded that (Kennedy again with emphasis supplied):
. . benefiting Pfizer was not "the primary motivation or effect of this development plan"; instead, "the primary motivation for [respondents] was to take advantage of Pfizer's presence." Id., at 276. Likewise, the trial court concluded that "[t]here is nothing in the record to indicate that ... [respondents] were motivated by a desire to aid [other] particular private entities." Id., at 278. See also ante, at 7-8. Even the dissenting justices on the Connecticut Supreme Court agreed that respondents' development plan was intended to revitalize the local economy, not to serve the interests of Pfizer, Corcoran Jennison, or any other private party.
Similarly, Justice Stevens in a footnote to support his conclusion that the Connecticut courts had agreed “there was no evidence of an illegitimate purpose in this case” quotes from those lower courts:
"The record clearly demonstrates that the development plan was not intended to serve the interests of Pfizer, Inc., or any other private entity, but rather, to revitalize the local economy by creating temporary and permanent jobs, generating a significant increase in tax revenue, encouraging spin-off economic activities and maximizing public access to the waterfront".
Suspicious Synchronicity

We ourselves would have been more skeptical that the that the “development plan was intended to revitalize the local economy, [which never happened] not to serve the interests of Pfizer [which did happen].” We would not easily get over the near synchronicity of the state’s authorization of $15.35 million in bonds for the project in January of 1998 and Pfizer’s announcement in February 1998 that it would build it $300 million research facility. The building of that research facility involved Pfizer’s being excused from 80% of the taxes on it. City Council approval of the plan was not until two months after the February announcement. All of this sits uncomfortably with the importance that Justice Kennedy, in order to uphold the condemnations, places on the fact that the government:
. . reviewed a variety of development plans and chose a private developer from a group of applicants rather than picking out a particular transferee beforehand, id., at 273, 278; and the fact that the other private beneficiaries of the project are still unknown because the office space proposed to be built has not yet been rented, id., at 278.
Although, the developer, Corcoran Jennison, and other private beneficiaries were ostensibly for the purposes of the official record and the Supreme Court’s opinion not known ahead of time, the relatively synchronous identification of Pfizer is a problem.

What It Means to Presume (or Assume)

Another problem is that the conclusion that the plan was not primarily to serve Pfizer was, as Justice Kennedy says, reached when the record was considered with “the presumption that the government's actions were reasonable and intended to serve a public purpose.” As we are all too familiar with the way that government officials conduct themselves, we consider this to be an unhealthy presumption when eminent domain is being used to transfer property from one private owner to another. While Justice Kennedy allowed this presumption to govern in Kelo, he considered a possible reverse “presumption of invalidity” and while opining that such a reversal was “not warranted for economic development takings in general, or for the particular takings at issue in this [Kelo] case” that “a more stringent standard of review” . . “might be appropriate for a more narrowly drawn category of takings.”

Justice Kennedy’s concurring opinion was essential to the holding of the case since without Justice Kennedy’s vote Justice Stevens’ plurality opinion representing the votes of four justices would not have upheld the Connecticut courts’ holdings. Instead the opinions of the dissenters in the 5-4 decision would have established the law of the case. (Kennedy joined in Stevens’ opinion apparently because he did not consider his own cautions and prescribed limitations on the use of eminent domain inconsistent with what Stevens wrote.)

Dissenter Skepticism About Motive to Benefit Pfizer

The dissenters were more skeptical of the degree to which conferring benefit upon Pfizer with impermissible favoritism was a primary motivating factor. Justice O’Connor wrote (emphasis supplied):
The trouble with economic development takings is that private benefit and incidental public benefit are, by definition, merged and mutually reinforcing. In this case, for example, any boon for Pfizer or the plan's developer is difficult to disaggregate from the promised public gains in taxes and jobs. See App. to Pet. for Cert. 275-277.
Justice Thomas noted that the court was holding (emphasis supplied):
. . . against all common sense, that a costly urban-renewal project whose stated purpose is a vague promise of new jobs and increased tax revenue, but which is also suspiciously agreeable to the Pfizer Corporation, is for a "public use."
Reality Outside the Courtroom

Departing the confines of the Kelo decision itself with its record based on presumptive deference to the idea that government officials were engaged in “actions were reasonable and intended to serve a public purpose,” other versions of the extent to which Pfizer was intended to be benefitted are available. Remember that the redevelopment plan described by the Supreme Court envisioned “a waterfront conference hotel at the center of a `small urban village'"? In a November article in the New London Day (linked to and criticized by Tom Blumer, in the November 10, 2009 article linked to above as being too deferential to local officaildom) we learn something more about that hotel from Michael Joplin, president of the New London Development Corp. Mr. Joplin says:
Pfizer's withdrawal from the city will likely be a setback for a proposed hotel at Fort Trumbull. While the hotel would have attracted the general public as well as those visiting the proposed U.S. Coast Guard Museum at Fort Trumbull, Joplin said Pfizer had planned to make use of it as well.
In other words, more Pfizer benefit in the equation. (See: Pfizer pulls up stakes in NL
By Lee Howard, The Day, 11/10/2009.)

Jeff Benedict’s book “Little Pink House” is about the Kelo case and events behind it. In it he writes about how George Milne, Pfizer’s president for research, did, in fact, specify that it wanted the hotel with about two hundred rooms and a conference center, doing so in a list of requirements it wanted met. He wrote “we will use the proposed hotel and conference facility as an extension of our facility committing to 100 of those rooms on a daily basis for visiting international staff and other professionals.” He goes on to specify that “Year round quality housekeeping is also critical to recruiting top scientists.”

Here from a review of Jeff Benedict’s “Little Pink House” and incorporating facts available in it is another description of what was being done in terms of a project that was exclusively privately owned and involved no public use (you can find many others similar to this):
. . . The NLDC's [an government agency comprised of local development officials] goal was to make Pfizer happy, and Pfizer executive George Milne put his company's wish list in writing. "Our New London expansion requires the world-class redevelopment planned for the adjacent 90 acres in … Fort Trumbull," he wrote in 1999, itemizing the amenities Pfizer was looking for: "a waterfront hotel with about 200 rooms, a conference center and physical-fitness area, extended-stay residential units, and 80 units of housing." Accommodating the families already living in Fort Trumbull, however, was not a part of the Pfizer/NLDC vision. As another Pfizer executive condescendingly told the Hartford Courant: "Pfizer wants a nice place to operate. We don't want to be surrounded by tenements."
In other words, Pfizer’s benefit was not only the property that it was taking for itself or would use and benefit from; it was also getting to pick its neighbors.*

(* Apparently, the only exception to this proposition involved another bit of political favoritism: As Mr. Blumer writes, “the high-powered, politically-connected Italian Dramatic Club was allowed to remain in Fort Trumbull, while each and every home around it was leveled” . . . and then quoting the Institute of Justice, “Among the Italian Dramatic Club's patrons was former Connecticut Gov. John Rowland, who helped direct much of the State funding for the NLDC's work in New London and who resigned in June 2004 amid an ethics scandal.” The decision to selectively allow the club to stay was made by the “un-elected NLDC decision.”)

FYI: For another review of "Little Pink House" see Atlantic Yards Report's.

The Value of Wishful Giving

We are making a point of two things here: How far the societal norms were bent out of shape in order to pile benefit on Pfizer and the fact Pfizer is taking a walk nevertheless. At first blush the principal relationship between those two things may seems to be its sadness, but probably isn’t. More likely the most important relationship between these two things is that the heedless piling on of benefits to Pfizer may actually be regarded as a cause of Pfizer’s departure. That, by analogy brings us back to Sam’s rule: What you don’t charge for is likely to wind up being undervalued.

Development, like psychoanalysis, should not involve an investment of commitment or effort on only one side. What is sad is that what was bulldozed for the unappreciative Pfizer’s benefit was just the opposite: It was people like Susette Kelo and her neighbors who, having invested in their property without subsidy and fully paying their taxes, were not going to leave. The lawsuit brought by Ms. Kelo and her neighbors, in fact, reflected their tenacious fight and commitment to stay. Had they been allowed they would be there still, still paying taxes.

Precedent Encouraging Commitment That Gets None In Return

Ironically, and in an endorsement of what in retrospect seems a none-too-wise public policy, the willingness of public officials to bestow excessive largess factored into the Supreme Court’s upholding of eminent domain to give Pfizer benefits. Justice Kennedy commented favorably upon the way the Connecticut courts credited their decision in part to the government’s “substantial commitment of public funds by the State to the development project before most of the private beneficiaries were known.” Of course a second problem with this (not even in retrospect) is that Pfizer, the main private beneficiary, was already known.

Not Paying For That!

Pfizer’s departure came just when Pfizer needed to prove that it valued what it got by spending more in property taxes. As reported in the Times the deal pursuant to which Pfizer was only paying 20% of its property taxes was “scheduled to end in 2011, around the time Pfizer, which is currently the city’s biggest taxpayer, expects to complete its withdrawal.”

Lack of Value Is a Two-Way Street

As unwanted as the community is by Pfizer, the building it leaves behind (built in 2001) is apparently unwanted in return. The Times quotes “Robert M. Pero, a city councilman who is scheduled to become mayor next month” to inform us that while the left-behind building may be a compensation for the loss of “a thousand jobs” . . “I don’t know who’s going to be looking for a building like that in this economy.”

A Gift That Came With Its Price Tag Removed

To fully understand how much Pfizer was given to convince it to want what it didn’t finally value one needs to understand how much of a subsidy eminent domain really is. Eminent domain is used to acquire land at a greatly reduced cost. By definition, (and this is particularly important when the forced transfer is from one private owner to another) the party being deprived of their property receives far less than they ought fairly to receive. It is integral to the economics that drive these transactions which are making these forced transfers from one private party to another popular with government officials willing to hand out political favors.

Waterfront hotels, marinas, restaurants and shopping, office space commercial uses and “riverwalks”may all sound marvelously optimistic, but the fabulous optimism is all at somebody else’s expense and when it is at somebody else’s expense it is all unlikely to happen.

Brought About By Bygoners

Pfizzer’s bye-bye may bring to mind that the talk these days about the hazard of IBGYBG economics (I’ll-Be-Gone, You’ll-Be-Gone). IBGYBG economics accounts for the failure of mortgage-backed securities packaged by originating banks who gave no thought to the risk, credit worthiness or warranties of their product because they made all their money up-front selling the product to others not planning to hold any of the portfolios themselves. That is not exactly what happens with eminent domain abuse but there is a certain cultural commonality of approach when the professionals involved are intent on what they are getting for themselves at the expense of the larger community. And, in fact, it turns out that the Pfizer story is replete with a lot of characters who did soon enough become goners.

Pfizer’s recent announced departure provides a significant addendum to the informative epilogue that Jeff Benedict includes in “Little Pink House”. We heard Mr. Benedict speak at Columbia University Law School where he supplied similar epilogue material last January at an event hosted by the Federalist Society. It is worth wondering if the reasons that eminent domain projects are themselves ill-fated is relates to the fact that those involved with perpetrating eminent domain abuse similarly often do not seem to do well.

Mr. Benedict tells us the following (compiling quotes both from “Little Pink House” and from the January Columbia event):
• Former Governor John Rowland of Connecticut “pled guilty to felony conspiracy and was sentenced to one year and a day in federal prison.” (Rowland was charged with an extensive array of schemes to get kickbacks from contractors doing business with the state. After prison he was thrown a lifeline by a political pal and became the city of Waterbury’s economic development coordinator.)

• Peter Ellef, former chief of staff to Gov. John Rowland, “was sentenced to thirty months in prison for his part in the scandal” (Mr. Ellef’s involvement with Rowland’s scandal involved taking some of his own kickbacks from contractors in the form of gold coins).

“The head of Pfizer who was behind this project is out.” The head of Pfizer from January 2001 was Hank McKinnell, who is not mentioned in Mr. Benedict’s book so Mr. Benedict was likely referring to George M. Milne (see below), president of Pfizer’s central reaserch who was very much involved. Mr. McKinnell, having come up through the Pfizer ranks where he was involved in strategic planning for the corporation, resigned in 2006 after an unpopular tenure presiding over declining stock prices that were attributed to an expansionist agenda where Pfizer acquired and merged into itself smaller companies unwisely bought for too much. Ultimately it was the board that was dissatisfied but “Yank Hank” was a refrain with employees. Ironically, while Pfizer trampled property rights in New London, Mr. McKinnell was reputedly a very aggressive defender of Pfizer’s own patents and intellectual property rights.

“The woman who ran the development agency that directed the bulldozers to knock the houses down [Claire L. Gaudiani]: Over 70% of the faculty members at Connecticut college signed a petition to have her lose her job as president, and she did.” (The New York Times ran a puff piece upon her departure full of praise, including from a Pfizer representative involved in pushing for the benefits Pfizer walked away from: “George M. Milne Jr., a college trustee who is also senior vice president at Pfizer Inc. and a member of the New London Development Corporation, of which Dr. Gaudiani is also president.” According to “Little Pink House” Mr. Milne is now a “venture capitalist and adjunct lecturer at Harvard and MIT.”

• As Mr. Benedict makes the point, “So all the power brokers behind this case are out by the time the Supreme Court decision comes down.” He noted that the new governor of Connecticut, Jodi Rell, who replaced Rowland when he was forced to resign ultimately “takes the policy of open-checkbook” to clean up after her predecessor and reach a settlement with the homeowners . Not included in Mr. Benedict’s formal epilogue is information Tom Blumer provides about why that the 2006 deal was brokered:
“. . . infuriated city residents mounted what from all appearances was a successful petition drive to put the question of the city property takeover of the Kelo and Cristofaro properties on the ballot in just three weeks.”

“. . . a new party, One New London, whose express purpose was to prevent the New London Development Corporation from carrying out its Supreme Court-sanctioned actions, came out of nowhere and won two seats on the seven-seat City Council, losing out on a third seat by 19 votes”
• At Columbia Mr. Benedict did make this related point: “But perhaps the most important thing in all of this is that if they hadn’t have stood up and lost the case you wouldn’t have the situation you have today which is that 44 states have either passed legislation or constitutional amendments to ban the kind of taking that was upheld by the Supreme Court in 2005. Now if that’s not victory, I don’t know what is. If they had won the case that wouldn’t happen. . . . That’s what happens when one person stands up.”

“Every plaintiff from the eminent-domain lawsuit has left New London, vowing not to return.”

“Their houses get knocked down all except for the Pink House which is saved, is taken down board by board, and moved to another part of the city and rebuilt. It sits there today as a landmark and a testament to the case.”

• Mr. Benedict ends where we began: “The former Fort Trumbull neighborhood is a barren wasteland of weeds, litter, and rubble.”
(Above, pictures of Susette Kelo's Little Pink House relocated at 36 Franklin Street as a monument to the case. Below, the bulldozed site where it no longer stands.) Gifts That Keep Giving and Those That Don’t

The moral is that eminent domain is a gift to developers that doesn’t keep giving (or ever give) to the public. This holiday season we are therefore giving some thought to gifts that really could keep giving. We suggest that making gifts to fight eminent domain exactly fits the bill.

We are reading about how easily other gifts may fall short. Gift cards? Consider the Consumer Reports warnings and that the New York Times recently reported that: “Experience shows that 5-15% of gift card values are never redeemed.” The Daily News warns about the high likelihood that gifted “gizmos” will go unused. There is even a new book “Scroogenomics,” whose author is estimating that the 20 percent of what is spent on holiday gifts, or $13 billion, winds up being lost value spent on gifts that are not appreciated, that overall are valued “20 percent less” than the gift-givers “actually spent on them.”

Special For New York

But every dollar given to fight eminent domain will get used and will provide a more vibrant economy as a result. If you want to fight the fight nationally you can donate to the Institute of Justice’s Castle Coalition. Since Noticing New York’s stomping grounds are New York and since, as expressed by Institute of Justice staff attorney Bob McNamara, New York State is “the worst abuser of eminent domain in the United States and believe me, that is a difficult race” you might want to consider donating that money closer to home. There is the Columbia University Expansion (Nick Sprayregen has spent somewhere between $1 and $2 million to defend himself against eminent domain) and then there is Willets Point. At the moment Atlantic Yards opponents are particularly in the thick of things and in the need of resources to outlast their adversaries.

The Bye-Bye Goners of Atlantic Yards

The good thing is that Atlantic Yards, like Pfizer, has a growing list of eminent domain perpetrators dropping into the dustbin of history. Here is the list of the not-so-dear departed that continually needs to be updated:
• Starchitect Frank Gehry
• Landscape architect Laurie Olin

• Governors:
• George Pataki
• Eliot Spitzer (He departed rather ignominiously- including the way he acquitted himself on Atlantic Yards)
• Governor Paterson’s favorable poll numbers
• Roger Green

• ESDC Heads:
• Charles Gargano
• Patrick Foye
• Avi Schick
• Marisa Lago
• Bob Wilmers
• PACB Approval member Joe Bruno (convicted on similar criminal counts to those on which Governor Rowland was convicted)
• PACB State Comptroller Alan Hevesi who was forced out in scandal two days after he reviewed and accepted the PACB’s approval of Atlantic Yards. (That means that two out of four of the state officials involved with the original PACB approval of Atlantic Yards left in scandal. Spitzer, a supporter on the PACB who also left in scandal took office after the initial PACB approval. Assembly Speaker Sheldon Silver is the only one not yet booted.)

• MTA heads:
• Peter Kalikow
• Katherine Lapp
• Eliot Sander
• H. Dale Hemmerdinger (shortly after an ignominious Atlantic Yards approval)
• Jim Stuckey
• Loren Riegelhaupt
• Randall Toure

• “Team Nets”:
• Vince Carter
• Jason Kidd
• Richard Jefferson
Growing List of Plaintiffs Against Atlantic Yards

Meanwhile, the list of those who are plaintiff parties in lawsuits against Atlantic Yards is an ever-growing one. In particular, we note that more and more politicians have been added to it. If this post wasn’t already more than long enough we would start listing the entire universe of plaintiffs. (The growing list of Atlantic Yards political adversaries also sounds a bit like the “afterward” of the Pfizer Kelo debacle.”)

Gifts That Don’t Take a Holiday From Giving
The perfect holiday gift? Make a donation to Develop Don’t Destroy Brooklyn, the lead opponents against Atlantic Yards. Or you might want to consider purchasing lots of these very handsome and convenient Develop Don’t Destroy Brooklyn tote bags which will support the cause. (See: Gift Idea: Develop Don't Destroy Bag.) Give the gift that keeps giving to fight he gifts that keep taking. One way in which none of us would like the Atlantic Yards epilogue to sound like the Pfizer epilogue is for it to end with a blight-delivering loss.
(Above, New London. Below, what Brooklyn's Prospect Heights/Fort Greene will look like if Atlantic Yards opponents lose. Rendering updated by us was done by by the Municipal Art Society for its Atlantic Lots. Original Aerial Photograph by Jonathan Barkey )