Tuesday, November 3, 2009

Election Day Triangles

We sometimes worry whether some of the accusations we make about the strange links between politics and New York City developement will seem too extreme. One story we held back about reporting was the tale of the Broadway Triangle intrigue. We thought we could only do it justice with a well-documented analysis of what is going on. Now, today for an Election Day editorial the New York Times boils Broadway Triangle down to the stark and appalling core of its political mechanics.

Times Editorial With Emphasis

We reprint today’s editorial below in full with some emphasis supplied:
Councilwoman Diana Reyna, a Democrat from City Council District 34 in Brooklyn, is battling two formidable foes in Tuesday’s election. One is a vengeful Democratic Party boss, who rails about her independence, and the other is the Roman Catholic bishop of Brooklyn, who has made robocalls supporting the party boss.

If Ms. Reyna is defeated as a result of these misplaced efforts, it will be a real loss for the residents of her district. Ms. Reyna has helped her struggling constituents with housing and school difficulties. Her willingness to stand up to Assemblyman Vito Lopez — the boss who increasingly runs the Democratic Party in Brooklyn with an iron fist — shows extraordinary political courage.

In his recorded phone messages to every registered voter in District 34, Bishop Nicholas DiMarzio does not mention Ms. Reyna or her opponent, Maritza Davila of the Working Families Party. His pitch is to support Mr. Lopez, who has been helpful to the church. But the subtext is clear: Mr. Lopez has been working overtime to elect Ms. Davila instead of his party’s candidate.

Mr. Lopez has, indeed, helped the church, most recently by blocking legislation in Albany that would have temporarily lifted the statute of limitations for civil lawsuits involving the sexual abuse of children. The church has returned the favor by ordering a priest to drop his fight against the rezoning of a 31-acre parcel that Mr. Lopez favors.

It is that same rezoning, for a housing project called the Brooklyn Triangle, that helped land Ms. Reyna on the boss’s enemies list. Ms. Reyna sided with community members who opposed the secretive way the project has moved forward through the city’s development process. Voters in City Council District 34 should reward that independence by re-electing Ms. Reyna.
(See: Editorial: Election Day, November 2, 2009.)

The Three Faces of Broadway Triangle: What’s Missing From The Times

In the print edition of the Times the editorial is followed by something astounding given that there is one last appalling thing the Times editorial leaves out: The Broadway Triangle rezoning deal was apparently a “triangle” itself, Assemblyman Vito Lopez, the Catholic Church and Mr. Michael Bloomberg. Who do you think has the power over rezonings and to move things secretively “forward through the city’s development process” if not Bloomberg?

Extending the “Election Day” Choice to an Absurd Contradiction

Here is what is astounding. In the print edition of the Times, looking like it is actually part of the same editorial and under that same "Election Day" heading with a subheading of “Election Day Choices” the Times Editorial Page then tells us to vote for Michael Bloomberg.

(See image below. Click to enlarge.)
No Denying Denials

A bit schizophrenic? Can the mayor magically disassociate himself from the unpopular mega-projects he supports? Atlantic Yards Report asks that question today and the answer should be “no” provided there is a responsible press. (See: Tuesday, November 03, 2009, On Election Day, a Bloomberg story: the mayor disavows influence on Atlantic Yards.) This story reports Bloomberg trying to duck responsibility for Atlantic Yards with his electioneering dismissal “the city doesn't have much sway or influence” over it. Then the article, without having to do deep research digs up obvious and ready contradictions including the mayor’s statement that “we’re going to get this one done” which he offered when rejecting the NYC Independent Budget Office report that the Atlantic Yards arena will be a $220 million net loss to the public.

Bloomberg’s Charmed Sail Through the New York Press

A responsible press? Tom Robbins of the Village Voice has pointed out that Bloomberg is, in general, getting a free pass from an anemic New York press corps. (See: The Mayor's Press Pass: The unexamined world of Mike Bloomberg, by Tom Robbins, October 27th 2009.) Robbins begins: “One reason for the remarkably charmed life of Mike Bloomberg's administration as he sails toward re-election has been the waning of the city's news business.” Robbins goes on to catalog a long list of Bloomberg scandals that didn’t get follow-up press coverage, suggesting that Bloomberg has gotten a pass that no other mayor before him ever got.

Important to Vote Today

So the Question is what should voters do on this election day? One thing is that, no matter what, it is very important to vote. It is important to vote even if you don’t think the candidate you would like to see win can, and even if you don’t see a candidate in an election you would like to see win.

A low turnout is predicted throughout the city which means that your appearance at the polls will count even more. If nothing else you are voting for your neighborhood and your election district, reminding elected politicians that your area votes and that its concerns need to be paid attention to. As an e-mail from the Brooklyn Heights Association reminds us: “a strong voter turnout" from the neighborhood “will demonstrate to our city officials that we are an active and informed community that deserves their attention.”

Bill T or Billy T?

Most readers of Noticing New York will be considering whether to vote for either Bill T or Billy T, Democrat Bill Thompson or Green Party candidate Billy Talen (Rev. Billy.) When it comes to development issues and questions like Atlantic Yards we certainly prefer the clarity of Talen’s message and we would certainly vote for him if, as we recommend, the city had a form of instant runnoff voting that would allow a second-ranked vote for Mr. Thompson also to count. Nevertheless, given that the system is, instead, the way it is and that there is at least a chance that Bill Thompson could win, we will be voting for him this election.

(On other elections like the Brooklyn Borough President where the voters have been deprived of choice we could go into the mechanics of write-in votes, which we won’t, or we can point out the options of not voting in that column or voting for the Republican as a simple protest even though he too has the wrong position on development issues like Atlantic Yards.)

Bloomberg vs. Thompson on Atlantic Yards and Megadevelopment

Atlantic Yards Report in the above-linked story suggests today that “No one voting on Atlantic Yards issues can discern much different from the Democratic candidate, Comptroller Bill Thompson. AY voters have to go with Green Party candidate Bill (Rev. Billy) Talen.” We don’t exactly agree. We have criticized Mr. Thompson for his lack of a clarion message on Atlantic Yards (Sunday, October 11, 2009, Thompson’s Campaign: Lacking a Clarion Message, Plus Issues of Confused “Respect”) but we think that the position that Thompson has since taken that megadevelopments should be broken up and bid out to multiple developers is a significant difference in outlook that we hope will one day be applied to Atlantic Yards. (See: Monday, October 19, 2009, Thompson’s Advocated Multiple Parcels (a la Battery Park City) vs. Single-Developer Mega-monopolies Should Boost Developers’ Bids.)

The fact is that while Thompson’s errant support for some version of Atlantic Yards is a problem (he has occasionally said he doesn’t know "what" the mega-project is at this point), there is hope that with a Thompson city administration support for Atlantic Yards will ultimately (and logically) fade. There is no such hope with the stubborn Bloomberg administration, irrespective of the way Bloomberg may try to hide, misrepresent or deny his administration’s support.

Bloomberg Stubbornly at the Apex of Power

The other matter is this. If Thompson’s and Bloomberg’s positions on Atlantic Yards (and/or other megadevelopments) were substantially the same, we would still rather see Thompson as the less powerful mayor pushing that agenda. Right now, Bloomberg is supremely at the apex of too many power triangles in New York and his dissembling about his noninvolvement and true positions too often gets a pass. The balance of powers in this city needs to be restored. (See our recent pieces: Sunday, November 1, 2009, Bloomberg vs. Thomson (54% to 29%?): It’s Not What You Think. (For Instance the “P” is Missing and What Might “P” Stand For?) and Monday, November 2, 2009, On Your Way Vote, We Quizzically Ask: How “Green” Is Our Bloomberg?)

Triangulating

For more thorough reporting about the Broadway Triangle project, including some information about the instant runnoff voting we recommend for future elections see: Tuesday, August 11, 2009, In the 33rd: Levin vs. everyone else, AY & Broadway Triangle, and the argument for IRV (Instant Runoff Voting).

For a (NY Post/Courier life) update about how a coalition of 40 North Brooklyn community groups filed a lawsuit against Mayor Michael Bloomberg for his involvement in the development of Broadway Triangle “contending that the city violated the Federal Fair Housing Act in its negotiations” regarding its development see: Lawsuits over Broadway (Triangle), by Aaron Short, September 10, 2009.

Monday, November 2, 2009

On Your Way To Vote, We Quizzically Ask: How “Green” Is Our Bloomberg?

Quiz Questions

Here is a quiz about politicians for the environmentally concerned:

First a TRUE/FALSE question:
True or False: Richard Milhous Nixon (37th U.S. President, (1969–1974) was the last great environmental president.
A MULTIPLE CHOICE question:
Mayor Bloomberg first announced a city plan to for sustainable environmental practices addressing the significant issue of global warming on or just after the earliest of which of the following dates?

A. January 1, 2002: The date Bloomberg took office to begin his first term.

B. 2004: The year that Al Gore co-launched Generation Investment Management, a company for which he serves as Chair. The company was a new London fund management firm that plans to create environment-friendly portfolios. Mr. Gore toured for several years giving the “carousel slide show”and lecture that, when filmed, became the 2006 documentary “An Inconvenient Truth.”

C. January 1, 2006: The date Bloomberg took office to begin his second term.

D. May 24, 2006: The date that Al Gore’s film “An Inconvenient Truth” was reviewed in the New York Times.

E. February 25, 2007: The date that Al Gore’s film “An Inconvenient Truth” won an Academy Award.

F. April 22, 2007: Earth Day 2007.
More TRUE/FALSE questions:
True or False: Bloomberg, just after taking office, in March 2002, in his mayoral city budget discontinued funds for recycling glass, metal and plastic as one of the first acts of his first term. (Hint: In the Spring of 2002 DSM Environmental issued a report setting forth an analysis that recycling paper, plastic, metal and glass in New York City, because it all but paid for itself, was nearly costless to the city, almost a budget-neutral item.)
True or False: Bloomberg uses his environmental PlaNYC as a justification for promoting more city real estate development.
True or False: April 22, 2009, Earth Day 2009, Bloomberg, in the last year of his second term, announced a belated program to go after some low-hanging-fruit energy use reductions that could quickly and easily reduce the city’s energy consumption by 5%, and it sounded like it was part of his campaign to get a third term as mayor.
Quiz Answers

Richard Milhous Nixon: Great Environmental President?

True: There are those who promote Richard Milhous Nixon as the U.S.’s last great environmental president. The Environmental Protection Agency was established during his administration and he signed into law both the Clean Air Act of 1970 and, in 1972 the federal amendments that constitute the major operative provisions of the Clean Water Act. The National Environmental Policy Act (“NEPA” which requires federal environmental impact statements) also became law in 1970. In 1972 he also signed the Marine Mammal Protection Act.

Under Nixon, William Ruckelshaus, the Environmental Protection Agency’s first Administrator, energetically enforced the new environmental laws. (Ruckelshaus was later the acting Director of the Federal Bureau of Investigation, and then the Deputy Attorney General of the Justice Department- a position from which he resigned in the Watergate scandal’s “Saturday Night Massacre” rather than obey a Nixon order to fire prosecutor Archibald Cox.)

There are caveats to describing Nixon as a great environmental president. Nixon was dragged along in these things (including in his appointment of Ruckelshaus) by a Democratic federal Congress spurred into action when approximately 20 million Americans participated in the first Earth Day (April 22, 1970) promoting the goal of a healthy, sustainable environment. That first Earth Day, the organizing of which began before the fall of 1969, is regarded as marking the beginning of the modern environmental movement. Nixon opposed NEPA and he actually vetoed the Clean Water Act legislation and “for the first time in the Nixon administration, he had a veto overridden, substantially and significantly” (by a bipartisan majority).

Unfortunately, as we will discuss, the environmental laws passed during the Nixon years were less effective than they should have been because subsequent administrations, under less pressure from Congress, did not have their heart in enforcing them.

Multiple Choice Question: When Did Bloomberg First Get Around to Announcing a City Plan for Sustainable Environmental Practices?

Bloomberg first announced a city plan to for sustainable environmental practices addressing the significant issue of global warming AFTER the Al Gore film (and book) “An Inconvenient Truth” had been out for more than a year and after it was awarded the Academy Award for best documentary in 2007. (This was the multiple choice answer with the latest possible date.) Bloomberg announced the plan in his second term on April 22, 2007, Earth Day 2007. This was not long before Al Gore’s years of work on the environment (his book The Earth in Balance” was published 1992) were recognized as being important enough for Gore, together with the Intergovernmental Panel on Climate Change, to receive the Nobel Peace Prize “for their efforts to build up and disseminate greater knowledge about man-made climate change.” (October 12, 2007.)

Did Bloomberg Eliminate Recycling of Glass, Metal and Plastic from His Budget Just after Taking Office?

Yes. One of Bloomberg first official actions with respect to the environment was anti-environmental even though from a good business sense that budget cut saved the city virtually no money in the short term and was very possibly likely to cost the city in the long term as the inherent economic benefits of recycling programs become increasingly compelling. (See: Is Recycling's Future Behind It?; Bloomberg Puts Doing Well Ahead of Doing Good, by Kirk Johnson, Tuesday, March 12, 2002.)

The New York Times in evaluating Bloomberg’s records noted that it was necessary for the City Council to step in to override Bloomberg so that recycling could continue:
On recycling, the record is not as good. The city recycles about 16 percent of its residential trash, falling short of the 25 percent goal specified in its recycling law. That is also less than other cities, though Bloomberg administration officials said such comparisons were not appropriate because the city has so many large multifamily buildings, making recycling more difficult.

The City Council has also had to overcome the mayor’s opposition when pushing for more recycling. The Council restored funding for residential recycling when Mr. Bloomberg cut the program’s budget, and it overrode the mayor’s veto of a bill mandating the recycling of electronic waste.
(See: Mayor’s Environmental Record: Grand Plans and Small Steps Forward, by Mireya Navarro, October 22, 2009.)

PlanNYC 2030 as a promotion of Bloombergian Development?

Yes, the Bloomberg administration uses PlaNYC 2030 as a backdrop to promote more real estate in the city. Going to the Bloomberg website for the program it tells you that first on the list of the “top three things you should know about New York over the next 25 years” is that “we will be getting bigger” and that the population will be going from “a record high- 8.2 million” to “nine million” by the program’s “2030" date. One of the principal promoters of the program within the Bloomberg administration was the administration’s former Deputy Mayor for Development, Dan Doctoroff.
(Chart above from the PlaNYC website.)

It is not that we don’t think that growth and the environment should be linked. We expect the city to grow and it should do so in an environmentally sound manner. We also believe that city living, in preference to country and suburban living benefits the environment and that New York should be encouraged to grow as a city. But the question with the Bloomberg administration is which came first: A love of the environment or the promotion of big development? By 2007, long before PlaNYC the Bloomberg administration was well on its away to promoting megadevelopments and most of the 100 upzonings covering a fifth of the city were in place. We have also seen, in other situations, how prone the Bloomberg administration is to the cynical use of beneficial things, for instance “affordable housing” as excuses to justify otherwise indefensible mega-monopolies like Atlantic Yards.

Bloomberg’s Earth Day 2009 Campaign

Yes, seemingly as part of his campaign for a third term mayor, Bloomberg finally in the last year of his second term as mayor announced a program to go after some of the lowest-hanging fruit of possible energy use reductions that could quickly and easily reduce the city’s energy consumption by at least 5%. To this end, he appeared on Charlie Rose (Earth Day April 22, 2009) with City Council Speaker Christine Quinn, his cohort in the crime of overturning (in the middle of the campaign season) the voter referendums establishing term limit restrictions. (See:
A conversation about Green Initiative NYC .)

This latest new green initiative program/campaign has had Bloomberg out painting city rooftops white with Al Gore in grand photo-op style.

(See Richard Perry image from the Times below.)

A viewer comments on the Charlie Rose site:
Really frustrating show. All three guests talked about the program as if it’s ground breaking and revolutionary- instead, it is finally addressing issues that have already been in effect in the Bay Area, the Pacific Northwest and Chicago (not to mention many other international cities).
The third guest who was part of that Charlie Rose discussion was Carl Pope, the Executive Director of the Sierra Club. Interestingly the Sierra Club which wants to stop the Atlantic Yards mega-project championed by Bloomberg is part of the coalition of community and public interest groups that are suing in various litigations to halt the project. Among other things the Atlantic Yards project involves some false claims of environmental soundness and sustainability: In an unsound environmental move the historic Ward Bakery which should have been preserved was destroyed by the developer. (See: Thursday, March 22, 2007, The Ward Bakery demolition and environmental sustainability and Friday, March 23, 2007, Forest City embraces historic preservation, but not in Brooklyn.)
The Question of Having Environmentalism at Heart

Although excellent new laws protecting the environment were passed during the years of the Nixon administration, our environment still continued to degrade in many ways since then. That is because laws and the eyewash of having them are not enough. Administrators of those laws after William Ruckelshaus have not had at heart the purpose of those laws. Under later presidents, particularly Reagan and Bush, laws and regulations were not enforced or interpreted in a manner that would make them effective. Particularly egregious is the way that interpretations of what isn’t “point source” water pollution has resulted in more pollution than ever before killing the life in our waters. The new pollution is from the concentrated waste runoff from the kind of industrial poultry, pig and cattle farms that didn’t exist when Nixon was president and regulations were first written.

Arguing Bloomberg’s Power, Environmentalism Comes Up As Being of Prime Importance

By this time we doubt that you will be wondering why we think all this is important. Bloomberg, through his own promotion, is thought of these days almost axiomatically as an environmentalist, so much so that when this year Bloomberg was kicked off Time Magazine’s list of “100 Most Influential People for 2009” the consolation prize was for there to be two resulting mentions of his environmental “creds” in the New York Times story that covered his being dropped (emphasis supplied):
Time has left the billionaire mayor off its list of the 100 Most Influential People for 2009 — a slight for a man who relishes his status as a titan of business, politics, philanthropy, public health and environmental sustainability.

The mayor made the list in 2008, when Time called him “visionary” and praised his “boundless energy.”

In the plus column, Time said that the mayor had successfully lobbied to rewrite the city’s term limits, which may allow him, if re-elected, to “keep working on the environmental and health reforms that have defined his administration.”

In the minus column, the magazine said that “his term-limits movement struck many as a blatant power-grab.”
(See: Mayor Drops Off Time’s 100, By Michael Barbaro, May 1, 2009.)

Bloomberg, an Environmentalist at Heart?

The question of whether Bloomberg is a true environmentalist is important indeed because, contrary to Time magazine’s determination dropping him off the 100 most influential list, Bloomberg is enormously influential. At least that’s what New York magazine thought when doing its evaluations of the most powerful New Yorkers. New York magazine thinks that Bloomberg is now setting historical precedent by being in a class supremely by himself: “When it comes to power in New York City, Michael Bloomberg is the only game in town:” See: The Power Dozen: There is Michael Bloomberg, and there is everybody else. Here’s everybody else, Mike Bloomberg Owns This Town, and also the earlier appearing Bloomberg Is Richest, Most Powerful New Yorker Ever, 3/12/09. See also our own Sunday, November 1, 2009, Bloomberg vs. Thomson (54% to 29%?): It’s Not What You Think. (For Instance the “P” is Missing and What Might “P” Stand For?).)

Dragged Along or Dragging Along the Voters in the Name of Environmentalism?

Bloomberg is so powerful that, unlike Nixon, he is not going to get dragged along by others to do things he doesn’t really have his heart in doing. Right now there is an election and he knows what the polls say so he is promoting himself as an environmentalist. We just got an e-mail from his campaign today telling us to vote for him because “Our PlaNYC initiative has made New York one of the greenest, healthiest cities in the world.” (The e-mail bullet point also said that the life expectancy has gone up “fifteen months since we took office” without attributing that to the fact that new AIDs drugs now curtail the deaths of young people.)

Bloomberg’s Environmental Change of Heart?

Reportedly, according to the Times as it tried to assess Bloomberg’s environmental career, Bloomberg had a change of environmental heart in the “fall of 2006.” That would have been after Al Gore’s “An Inconvenient Truth” would have been out for a number of months. For those of us who had been tracking what Mr. Gore’s film was about long before, the “fall of 2006” may seem like a rather late date for an epiphany. Here is the Times quoting James F. Gennaro, chairman of the City Council’s Committee on Environmental Protection:
“Clearly, in the fall of 2006 Mayor Bloomberg had an environmental apocalypse,” Mr. Gennaro said. “Something inspired him.”

It was not an epiphany, but federal census data that prompted the mayor to act, aides said. The numbers suggested that the city would grow by a million residents by 2030, which would lead to heavier traffic and more use of electricity at the same time that the city would be grappling with floods and other effects of climate change.
(See again: Mayor’s Environmental Record: Grand Plans and Small Steps Forward, by Mireya Navarro, October 22, 2009.)

Notice the story's reference to the city’s growth “by a million residents by 2030," the argument also regularly used to promote real estate development.

Hints That Bloomberg’s Heart Isn’t In Environmentalism

Did Bloomberg really start caring about the environment in the fall of 2006 after Al Gore’s popularizing of the issue? There are reasons to think this may be suspect. At a April 22, 2009 New School’s Center for NYC Affairs panel discussion titled The Media and the Mayor: Michael Bloomberg’s Transformation, we heard the Village Voice’s Wayne Barrett, one of the panelists, discuss Bloomberg’s lack of interest. He noted that there had been a time in Bloomberg’s first term when Bloomberg was very personally interested in city schools and that he had then had constant contact with the city officials working in the area. By contrast Barrett said that Bloomberg had not been having any conversations at all with Emily Lloyd his Department of Environmental Protection Commissioner. Ms. Lloyd announced her resignation in September 2008 after four years of service.

(More on the panel discussion but not including this particular point is at: Thursday, April 23, 2009, Debating whether Bloomberg's changed, media panelists offer mixed but critical views of the mayor.)

Similarly, we observed in an earlier article about Bloomberg’s appearance as environmentalist on the cover of a March Amtrak travel magazine:
Bloomberg’s publicists seem to have done good work. If you were riding Amtrack this past month, Bloomberg’s face would have been staring at you from the many covers of Amtrak’s Arrive magazine, slapped onto a story about harnessing wind power that seemed to have very little to do with the expensive high-end picture portraits of Bloomberg incorporated into the magazine.
(See: Sunday, April 12, 2009, Bloomberg Update: Fire and Ice (Part I).)

When we checked, despite the fact that Bloomberg got on the cover of the magazine giving him more environmental credibility, despite the fact that he bothered to pose for a great picture, he never bothered to communicate with the author wrote that cover story.

The Cause Gets Gored?

If Bloomberg is not truly green it is a tragedy because Bloomberg has the power and influence to preempt almost everything that goes on in terms New York initiatives about making environmental advances. Why should the lead story majority of Charlie Rose’s national show on Earth Day 2009 have been entirely about a behind-the-times Bloomberg local initiative pursued as part of his campaign for a third term as mayor? At the end of segment Charlie Rose made a few disclosures: Bloomberg, L.P. had been a long supporter of his program and Bloomberg didn’t have long to walk to show up looking comfortable on the show. . . Charlie Rose’s studios are in the Bloomberg building along with the Bloomberg offices. Mr. Rose did not add to his disclosures that Mr. Rose’s reported on-again, off-again girlfriend is Amanda Burden, Bloomberg’s head of the City Planning Department and City Planning Commission. As such, Ms. Burden is intimately connected with the real estate development that Mr. Bloomberg is using his “environmental policies” to promote.
If Bloomberg is not truly green it is a tragedy because it sidetracks resources. For instance, Mr. Gore himself has been made a part of the Bloomberg campaign. His endorsement obtained by the wealthy Bloomberg campaign has been sent out as part of Bloomberg campaign literature. It is too bad if this is preventing Mr. Gore from using his energies to agitate for individuals who could do a better job of moving the environmental agenda forward.

Is He or Isn’t He? Depends on Your Definition

Is Mr. Bloomberg “green”? Maybe he is. Merriam Webster’s dictionary says that “green” can be defined as environmentalism. It can mean: “relating to or being an environmentalist political movement,” “concerned with or supporting environmentalism” or “tending to preserve environmental quality.”

“Green” can mean other things as well. It can mean:
5 : not ripened or matured
6 : fresh, new
* * *
8 a : not fully processed or treated: as (1) : not aged (2) : not dressed or tanned (3) : freshly sawed b : not in condition for a particular use
9 a : deficient in training, knowledge, or experience b : deficient in sophistication and savoir faire : naive c : not fully qualified for or experienced in a particular function.
We fear that Bloomberg is not “green” as in an being an environmentalist, but instead "green" as in being quite “fresh” and “new” to the claim of being an environmentalist and “green” as in being “not quite ready” to be an environmentalist “deficient in training, knowledge, [and] experience” and “not fully qualified for or experienced” for this “particular function.”

Sunday, November 1, 2009

Bloomberg vs. Thomson (54% to 29%?): It’s Not What You Think. (For Instance the “P” is Missing and What Might “P” Stand For?)

With everyone focused on Tuesday as election day and the race for New York City mayor we think there is another race that deserves some focus: Bloomberg vs. Thomson. That’s right, Bloomberg vs. Thomson without a “p” in “Thomson.” No, we are not talking about the mayoral race where mega-billionaire Michael Bloomberg is running against city Comptroller Bill Thompson (though we are talking about the same “Bloomberg”); we are talking about the race in selling financial terminals in the New York market. We are talking about the financial terminals that Mayor Bloomberg’s company sells and the major competition for Bloomberg’s company when selling those terminals: Thomson Reuters. Why is this an important thing to focus on? Almost all of Bloomberg’s billions come from terminal sales.

Never Before in New York City History

We have written before, (quite recently) about how Michael Bloomberg became the richest New Yorker while in office. We pointed out that never before in history has the city’s wealthiest individual also been the mayor. (See: Thursday, October 22, 2009, This Is Rich! Looks Like Bloomberg is Making History.) We pointed out that in 1997, when Bloomberg’s political aspiration to be mayor was first publicly disclosed, his wealth was calculated at a mere $1.3 billion, a fraction (7.4%) of his current $17.5 figure while in that same year the wealth of others routinely high up on the list of the city’s wealthiest like Ron Pearlman’s and Rupert Murdoch had a net wealth 65% of what they have now. For more detailed analysis, see our previous post.
Never Before in United States History

We also wrote about how never before in history to our knowledge have we had the kind of conflicts of interest that exist between Bloomberg’s role as mayor and his business. Here’s an addition to the “never before in history” list. The day after our own “never before in history” post, the New York Times ran a story with the following opening paragraph (emphasis supplied):
Michael R. Bloomberg, the Wall Street mogul whose fortune catapulted him into New York’s City Hall, has set another staggering financial record: He has now spent more of his own money than any other individual in United States history in the pursuit of public office.
(See: Bloomberg Sets Record for His Own Spending on Elections, by Michael Barbaro and David W. Chen, October 23, 2009.)

That Times article, providing an update to figures previously available, noted that as of the last available count Bloomberg, having so far “spent $85 million on his latest re-election campaign” (that’s just his direct campaign expenditures), was “on pace to spend between $110 million and $140 million before the election on Nov. 3”and that “Bloomberg, in his three bids for mayor, will have easily burned through more than $250 million” (in direct campaign expenditures.)

A Full Count: A Billion?

Giving a flurry of specific supporting figures, the Times article reported that Bloomberg had spent more than New Jersey’s Jon S. Corzine, Steve Forbes and Ross Perot in all their respective multiple races. There are some problems with the assessment provided by the Times. One problem, as we keep emphasizing with parentheticals inserted above is that the $250 million figure for Bloomberg’s spending is just for his direct campaign spending. We have offered calculations before pointing out that, including ALL of Bloomberg’s political spending, political contributions to buy endorsements, the money he furnishes to charities with political strings and other city funds he controls, his spending just on this last campaign alone may be verging on close to $1 billion. That calculation was before Times upped the estimate of Bloomberg’s possible direct spending by another $35 million and without factoring in the very recent discovery that Bloomberg’s accountant contributed the maximum allowed $26,000 to Newark Mayor Cory A. Booker’s campaign. (Should we call this the Bookkeeper’s Booker scandal?- See: Newark Mayor Backed Bloomberg, Then Got Funds, by David W. Chen, October 27, 2009.)

Booker not only delivered an endorsement of Bloomberg that was timed coincidentally with the Bookkeeper’s donations; he has since been a routine prop on Bloomberg’s campaign circuit.

A Belated Perspective?

Another problem with the Times assessment that Bloomberg has now achieved United States history by setting “another staggering financial record” is that the Times is making this call this late in the game. The Times is thereby failing to provide a true perspective of how incredible the level of Bloomberg’s political spending is. Using just the direct $250 million expenditure the Times uses in making its determination, the Times concludes that Bloomberg spent more than the $130 million his next runner-up, Jon Corzine, spent of his three races (two for governor and one for senate) and more than the $114 million, the next runner-up, Steve Forbes spent on his two races for president. Notice, not only did Bloomberg surpass the two runners-up, his spending figure exceeds the total of both their expenditure sums combined. It should therefore be obvious that Bloomberg didn’t set the United States historical record just recently. He must have set it a long time ago. What he has done recently is to compound the “achievement” by almost double. Does that put everything in perspective?

Comparison to Corzine? A Hundred to One Shot

Another thing. Since Bloomberg has sometimes previously been compared to Corzine we thought it best to point out how far that comparison does not go. Accordingly, this is what we wrote last spring:
Yes, Corzine spent heavily on his own campaign, but Corzine’s wealth is measured in mere millions. Corzine’s total net worth is less than half of what Bloomberg “gives” away every year to “charity.” Bloomberg’s charitable giving is used to manipulate politics and public opinion, so Corzine’s total net worth is way below what Bloomberg spends on such manipulations each year.

* * * *

To compare Bloomberg’s billions to Corzine’s paltry millions is simply to illustrate that you have seriously lost track of how outsized and beyond most people’s comprehension of Bloomberg’s wealth actually is.
(See: Sunday, April 12, 2009, Bloomberg Update: Fire and Ice (Part I).)

In that same article we noted that Corzine doesn’t have the same kind of conflicts of interest that routinely present themselves in Mr, Bloomberg’s case.

On the subject of noncomparisons between Bloomberg and Corzine the New York Times ran an article yesterday doing precisely this. At the very top of the chart that accompanies the article are the net worth figures: Bloomberg $16 billion (or $16,000 millions) and Corzine only $150 million (less than one one/hundredth of Bloomberg’s wealth). (Though Forbes latest figure for Bloomberg’s wealth is $17.5 billion the Times sometimes variously reports his current wealth as $16 billion. Bloomberg’s wealth temporarily took a 20% dip (down from $20 million) recently apparently because Bloomberg, not foreseeing the financial crisis, did not protect his investments. (See: Bloomberg and Corzine: 2 Leaders, Few Parallels, by David W. Chen, October 30, 2009.)

Missing from the Times article is any mention of the unique relationship between Bloomberg’s wealth and his impressive conflicts of interest. So the Times “comparison” article, merely by existing is misleading and incomplete.

Never Before in New York State History

Here is another example of how one has to be careful not to be misled by comparisons. Chris Smith writing in New York magazine also found himself reaching for historical comparisons to put Bloomberg’s wealth in perspective. Specifically assessing power (and referring to New York magazine assessments going back in time) he compares Bloomberg to Nelson A. Rockefeller in 1972 and writes (emphasis supplied):
Thirty-six years later, the parallels are uncanny—an exceedingly wealthy man in a top elective office, using his own money as well as the tools of his job to dominate a weakened civic hierarchy—even if the details are different and the valences are reversed: Rocky was a strong governor stepping in to clean up for a hollow mayor (the post-presidential-campaign John Lindsay); Bloomy is a strong mayor who wishes he could clean up for a hollow governor (indeed, David Paterson’s weakness only augments the mayor’s power). But perhaps the greatest difference is that Bloomberg’s power outstrips Rockefeller’s by a wide measure, wider even than the gap in their wealth: Bloomberg, New York’s richest man, is approximately twelve times richer than Rockefeller, in today’s dollars, and he’s spread his money around more craftily and more extensively than Rocky ever did.
(See: Mike Bloomberg Owns This Town: With shrewdness and luck, an imperious idea of democracy, and plenty of money, the mayor has made himself the only political player in New York who really matters. By Chris Smith, Oct 18, 2009.)

Conflict Avoidance?

We like Chris Smith and have commented favorably on the quality of his articles before. (See: Thursday, December 25, 2008, Our Reasons to Love New York Magazine and Elected Politicians.) Nevertheless, one thing that Chris Smith neglects to mention with respect to this comparison in the entire article (which otherwise has a lot to recommend it) are the myriad conflicts of interest between Bloomberg’s business and Bloomberg’s role as mayor. Rockefeller, whose wealth is rendered diminutive by the Bloomberg comparison Smith furnishes above didn’t have comparably large scale conflicts. History fails again! Chris Smith only mentions the conflicts involved in Bloomberg’s funding of charities. His reference to Bloomberg’s spreading “his money around more craftily and more extensively than Rocky ever did” evokes the political strings Bloomberg attaches to his charities in a way that Rockefeller didn’t.

A Historical Interest in Politics

One other quibble we have with Mr. Smith’s article is this. Mr. Smith references 1999 as the year that “Bloomberg began to think about a career change” into politics. We think we have very clearly identified Bloomberg’s entrance into the pursuit of his political career as occurring between 1994 and 1997 or slightly earlier. 1994 was the year that Bloomberg hired Patti Harris, a former City Hall official under Koch and the woman Bloomberg put in charge of handling two functions simultaneously: running his political operations and controlling funds the fund he distributes to charities. She still has essentially those same two functions today as Bloomberg’s First Deputy Mayor. 1997 was the year that Bloomberg brought out his book, “Bloomberg by Bloomberg,” that as we pointed out was doubtless intended to launch him into politics. For more on this see: Friday, October 2, 2009, No Real Debate About It: Press Remains Way Off Track in Presupposing Bloomberg’s “Charity.”

The Missing Coverage on Mayor’s Conflicts Provided by Barrett

We have certainly written at length about the conflicts of interest between the Mayor’s business and his role as mayor but if you would like to see another recent a recent article that throughly covers the voluminous conflicts of interest issues not mentioned or delved into in the Chris Smith New York Magazine cover story, see Bloomberg Keeps His Billions Separate From His Mayoral Obligations? Yeah, Right! By Wayne Barrett, Tuesday, September 1st 2009 in The Village Voice.

Barrett sometimes scares us in how neutral he can sound in some of his assessments of Bloomberg. His more recent article (A Bloomberg Score Card: The Mayor's Hits and Misses, October 13th 2009) though chock-full of criticism of Bloomberg is an example of such neutrality. It may be that focusing less on Bloomberg’s destructive developments (like Atlantic Yards- Its arena is mentioned by Barrett as a “stadium-centric” Bloomberg “miss”) there are on balance a few more areas where he is willing to give Bloomberg the benefit of the doubt. However, in his September “Bloomberg Keeps His Billions Separate From His Mayoral Obligations? Yeah, Right!” article Barrett scares us in a different way, by litanizing Bloomberg’s seemingly endless conflicts of interest. It makes for a long, detailed article dedicated to that single subject.

Bloomberg TV’s Little Blessing

Some of the article, under other circumstances would be almost comic. Mr. Barretts notes and asks why Bloomberg’s “little business-news network called Bloomberg TV” somehow bounced the sports network that carries the Yankees out of Time Warner Cable’s prime Channel 30 slot. That means that the sports stations are no longer all grouped by genre. Formerly they were 26-27-28-29-30. Barrett contrasts other cities’ treatment of the little Bloomberg station:
Meanwhile, in the rest of the country, Bloomberg TV remains in the cable hinterlands: It's still at 224 in Los Angeles, 252 in San Diego, 246 in Boston, and, like it once was in New York, 104 in New Jersey. (Cablevision, which has the city contract in the Bronx and parts of Brooklyn, has Bloomberg TV at 105.)
Crisscrossed

Barrett describes as we have, but offering fresh detail, the crisscrossing of Bloomberg L.P. executive positions with top City Hall positions. Not only do the executives go back and forth and mix functions but a number of them get dual salaries simultaneously from both the government and from Bloomberg, L.P. As Barrett expresses it:
in an unusual arrangement approved by city ethics officials, working for him on personal and corporate matters for up to 30 hours a week.
When it was reported (see our earlier post) that Bloomberg gave $1 million to Deputy Mayor Patti Harris’s alma mater to have a building named after her “several historians and experts on good government” said the gift raised the question of whether “Ms. Harris’s loyalties would be to Mr. Bloomberg rather than to taxpayers.” We think these salary arrangements raise the same question of allegiance.

Bloomberg also uses Bloomberg. L.P. to hire people with inside political information such as “Judi DeMarco, a close confidante of Republican State Senator Joe Bruno and other GOP senators” who also worked for Attorney General Andrew Cuomo. Another was the “son of the current Senate GOP leader, Dean Skelos.”

Conflicts Not Prevented

We have complained about the increasing fecklessness of the NYC Conflicts of Interest Board in dealing with the Bloomberg conflicts of interest and Mr. Barrett makes parallel observations. One point he makes very well is how little it is possible to know about the details of the conflicts of interest or the extent of their potentially huge financial import. Bloomberg negotiated an arrangement that prevents the COIB from being advised about any possible conflicts unless Bloomberg is doing more than 10% of his terminal business with a company. Bloomberg’s terminal sales are currently $6 billion so that means that Bloomberg can have undisclosed conflicts with any particular company to the tune of $600 million. Bloomberg gets to self-police compliance with this 10% limit himself. The last time any information was furnished to the COIB on the subject (in 2002) “Bloomberg told the COIB that the largest customer on the list accounted for less than 4 percent of total revenue, but no one knows how much that might have changed since then.” If there is currently a client Bloomberg company accounting for about 4% of sales (and it could be a lot more) that would be $240 million in sales.

As for policing compliance himself, we have previously pointed out that it is already known that Bloomberg has not complied with proscription of the COIB when he didn’t want to.

Pot of Goldman

Great minds think alike: We recently focused on Goldman Sachs and the possible link between terminal sales and discretionary benefits the firm was granted with respect to its new building; so did Mr. Barrett. We wrote:
Take one big company as an example, Goldman Sachs. Goldman has a new building in Battery Park City which was allowed to override the Battery Park City master plan, was granted extra density and tax breaks. Meanwhile, despite the fact that the city’s Conflicts of Interest Board said that he should not do so, Mr. Bloomberg calls up his business to check on terminal sales numbers. All that it takes for a big company to send money Bloomberg’s way in what could be the equivalent of a kickback or a political contribution is to order more terminals. Political contributions are not tax deductible, but paying for more terminals than you really need is.
Mr. Barrett’s long article gives well-documented examples of companies besides Goldman (especially intriguing is the tangle of companies involved with the sale of Stuyvesant Town/Peter Cooper Village) but about Goldman he writes:
Goldman Sachs had so many issues before the administration that it took seven pages to list its lobbying activities in the city clerk system (it spent almost a million dollars). When the city and state approved $1.6 billion in low-cost, tax-exempt bonds for Goldman's new downtown headquarters in 2005, Doctoroff justified it by saying that Wall Street's top firm might otherwise leave the city. Last year, the Daily News editorialized that Bloomberg was "taken to the cleaners" in the Goldman deal. The city and state "are in line to forfeit a whopping $321 million to Goldman because the governor and mayor agreed to contract terms that were downright foolhardy." Because of the meager demands of the COIB opinion, no one knows how big a Bloomberg customer Goldman was when it won this largesse.
Pretty much all of the terminal sales in question benefit Bloomberg, who reportedly owns a 92% share of his company.

The Terminal Race: Bloomberg vs. Thomson

So that’s why we are wondering about the Bloomberg terminal sales and that is what makes Bloomberg’s competition with their main competitor, Thomson Reuters, so very interesting indeed. When a business generates money hand over fist the way the Bloomberg business does, it usually attracts competitors, especially in the leapfrogging hard-to-stay-on-top tech world. Is Bloomberg getting its fair share of competition? Is that competition fair and square in New York where it especially counts?

Bloomberg Wins New York, Thomson the World?

Worldwide Bloomberg and Thomson Reuters both have about 34% of the market with each company having about 300,000 terminals. Just to get an idea of its sales, Bloomberg terminals sell for $20,000 a year. We have commented before how each additional terminal customers buy from Bloomberg is essentially free money to Bloomberg because of the lack of additional overhead.

Though the market share is about equal worldwide, in New York Bloomberg is dominant. Does that then mean that Thomson makes up the difference by besting Bloomberg abroad? Apparently. We are working on coming up with more exact and current figures but apparently, based on 2007 figures, Bloomberg sells about 40% of its terminals in North America. But if foreigners like Thompson terminals best, why don’t New Yorkers? Are Bloomberg terminals better in new York than elsewhere? Or is like the way the Bloomberg News channel has one of the best slots on New York’s Time Warner Cable but not elsewhere in the country?

Clunky Bloomberg Machines?

One local Business Week reporter, Stephen Baker, author of The Numerati, has been wondering whether Bloomberg is up to snuff enough as a company to continue dominating the terminal market. Admittedly, Mr. Baker may have an ax to grind since the Bloomberg, L.P.’s terminal sales just financed Bloomberg’s acquisition of Baker’s Business Week employer so he may not have a position much longer. Alternatively, the Bloomberg acquisition may have given Baker a chance at a “safe home” at a publication Baker says was losing “$1 million a week.” This is some of what Baker has to say (emphasis supplied):
Bloomberg ranks as the closest thing in journalism these days to a safe home.

Still, I'm trying to think ahead 10 years and wondering about the future of Bloomberg's model. They have a proprietary technology platform in a world moving toward open standards. Their box has an interface that requires training courses--this in a global market where simple, intuitive systems rise to the top. These limitations haven't mattered to date, because Bloomberg holds a trump card: speedy and reliable data. Traders have plenty of incentive to pay for the boxes and figure out how to use them, because real-time data is a must. If their competitors get the news first, they lose. . . .

How much can this market grow? To listen to Bloomberg execs, they make money from the boxes and invest that money in more news-gathering power, which makes the boxes even more attractive. It's a virtuous cycle which presumably leads to continuous growth. With BusinessWeek, Bloomberg hopes to extend its brand into the wider business audience, including c-suite executives, and open up further markets for their boxes.

I don't see it. In my experience, every continuous growth projection encounters some force that disrupts it.
(See: BusinessWeek Reporter On Bloomberg's Terminal Business: It's Toast, Jay Yarow, Oct. 15, 2009 and The BW acquisition: Can Bloomberg extend beyond its core? posted on October 15, 2009.)

If Bloomberg terminals have a clumsy, hard-to-learn, nonintuitive interface that is going to take the sales down in the future, does it really make sense that sales in New York shouldn’t already be going down? The future may hold changes. Thomson Reuter is actually the result of the merger of two companies, Thomson Financial and Reuters that merged in 2008. The recent combination of the services the two separate firms provided should mean a more formidable competitor for Bloomberg is emerging. (Others might argue that in the long run Bloomberg and Thomson are both “legacy providers” and the real competition will come from new technology companies like Google.)

Comparative Models

There may be changes in the future but what accounts for Bloomberg’s dominance of the New York Market now?

The Thomson Reuters model is a more flexible one that is customizable. Bloomberg presents a take-it-or-leave it all-in-one proposition. You always buy the whole terminal, while with Thompson Reuters it is possible for companies to save money by subscribing specifically to what they truly need. Do terminals need to provide all services and all of them high-speed real time when most individuals in finance specialize? In essence, Bloomberg “bundles,” a variation of the same approach that got Microsoft in trouble in Europe. It is also one reason that Windows 7 is pared down. There may be regulatory and antitrust issues here. Thomson Reuters’ more flexible sale of services may actually keep it out of trouble. Bloomberg not only engages in the take-it-or-leave it bundling; it also prevents its terminals from being shared by multiple individuals by associating access to the them with a dedicated biometric fingerprint scanner. Not everything is an “apples to apples’ comparison. For instance, Thomson informs us that, as opposed to Bloomberg, “50% of our Markets revenue comes from non-desktop sales.”

Spending More on Bloomberg Terminals?

We would like to learn more about the merits of the respective terminals and we will try to keep you up to date about anything important that we learn. Right now it seems to us that New York companies that want to save money would follow the example of the rest of the world where Thomson is ahead and buy more Thomson than Bloomberg terminals. It would seem to us the boards of directors at companies that are not doing this ought to be inquiring with due diligence into the reason for extra expenditures on Bloomberg terminals.

Digression: Terminal-Financed Bloomberg Interweaving Into Anemic Journalism Industry

One important digression: It should be noted that at the same time that Bloomberg’s terminal wealth was financing the acquisition of Business Week, Bloomberg has been making other deals integrating the company into the otherwise anemic journalism business. That includes a deal with the Washington Post reported on at the same time as the Business Week acquisition. Also, not widely reported, Bloomberg just made a recent deal with the New York Times to buy the Times real-time news feed for use in Bloomberg terminals. (See: New York Times Now Being Delivered On Bloomberg Terminals, by Staci D. Kramer, Sep 20, 2009.) This is not the first business relationship Bloomberg has had with the Times. The Wayne Barrett article on Bloomberg’s conflicts of interest reported that Bloomberg previously had an arrangement with the Times flowing in the other direction, for Bloomberg to produce the news for is WQXR station. Bloomberg investment in national media such as the Times and Washington Post will become very interesting if Bloomberg tries again to run in a national race.

Wondering About the “P”: Bloomberg Educates Us On the Subject of “Pay to Play”

Now lets talking about what that “p” missing from “Thomson” might stand for. Maybe it stands for “pay to play.” During the two mayoral debate the mayor made an issue about “pay to play,” asserting that Bill Thompson would engage in such conduct and implying that this kind of thing is definitely NOT going on in Bloomberg’s own administration. As the Times reported when this came up in the earlier debate:
Mr. Bloomberg bluntly asserted that Mr. Thompson picked money managers because they supported his campaign. But there has been no evidence of a direct link.
(See: Dust-Up of the Debate Occasionally Obscures Some Facts, by David W. Chen, October 13, 2009.)

(Below: Recent Bloomberg campaign mailer accusing Thompson of "Pay-to-Play".)
Bloomberg still hasn’t dropped this tactic. Bloomberg is running televison ads during the closing days of the campaign that similarly feature the subject of “pay to play.” Is it true that Bill Thompson engaged in “play to pay”? Thompson has defended against the charge, saying that Bloomberg is accountable for pension funds investments since the mayor appoints the majority and of board members and the chairman of the pension boards that vote on the investments. The Times offers the judgment that the buck ought to stop with Thompson under the city charter. That question is worthy of further examination but we think the more important question is whether Bloomberg has been engaged in what is in all possibility a much more massive kind of “pay to play.”

Finding Out About the Mayor’s Wealth: Don’t Ask Bloomberg Questions If You Don’t Want Lies

The mayor has well-documented conflicts of interest. Unlike the pension funds, there are essentially zero protections against those conflicts. Is the mayor methodically taking kickbacks in the form of Bloomberg terminal sales that would not occur but for Bloomberg’s position as mayor? One way to try to investigate would be to ask the mayor who, as Mr. Barrett made clear, the Conflicts of Interest Board has left in charge of policing himself. Bloomberg is not, however, willing to honestly answer these questions about his wealth and how he uses it. The subject and the mayor’s demonstrable dissembling came up in two ways in the last mayoral debate with Thompson.

A Charitable Response?

The one moment in the last debate when we thought Bloomberg seemed clearly nervous was when he was asked about his political use of distributions to charities. This also came up in the prior debate. This is how the Times reported on Bloomberg’s response in the first debate (emphasis supplied):
On charities: When Mr. Bloomberg was asked whether he thought his contributions to the city’s charities had insulated him from criticism from nonprofits, the mayor’s response seemed difficult to swallow.

“I think most of the people that get the gifts or the beneficiaries probably don’t know where the money comes from,” he said, prompting chortles in the audience.

In fact, the role of city charities was a prominent issue during last year’s debate over term limits. The New York Times reported that Mr. Bloomberg and his top aides asked those groups to testify during public hearings in support of changing term limits and to pressure wavering members of the City Council. Indeed, one official at a social services group that had received tens of thousands of dollars from the mayor, and also had a city contract, got a call from a deputy mayor.

“It’s pretty hard to say no,” the official said at the time. “They can take away a lot of resources.”
(See: Dust-Up of the Debate Occasionally Obscures Some Facts, by David W. Chen, October 13, 2009.)

Mayor Not Acquainted With His Little Tin Box?

But what about the phenomenal growth of the mayor’s wealth which has so substantially outpaced that of other NYC billionaires? That would be the question most elucidating about whether there is quid pro quo occurring in his terminal sales business. Bloomberg was unwilling to give an answer in the realm of truth. Asked about the growth of his wealth the mayor said, “I don’t know what’s happened to my wealth.” Here is how the Times fact check column on the debate dealt with that:
WEALTH Asked about the growth of his fortune, estimated at $16 billion, Mr. Bloomberg replied that because his company is not publicly traded, and therefore is not valued every day by the stock market, “I don’t know what’s happened to my wealth.” That strains credulity. Mr. Bloomberg owns the vast majority of Bloomberg L.P. and is regularly briefed on its performance, which is a real-time barometer of his wealth. His investments in mutual funds and bonds are managed by outside advisers, but they give him updates on their value. And he employs a small army of accountants, who keep close tabs on his finances.
(See: Dissecting the Claims: Exaggeration Amid Truth, by Michael Barbaro, October 27, 2009.)

Mr. Barrett offers this perspective of the mayor’s involvement with his business and the wealth he says he supposedly doesn’t know about:
Joyce Purnick, the former Times reporter who has just written the first Bloomberg biography, concluded that "his identification with his company is so strong" that discussing it "animates him like no other" subject, adding that he cites "current facts and figures," though he theoretically left it eight years ago. In 2007, the Times reported that Bloomberg "talked regularly to senior executives at the firm," adding that the scope of the contacts was "at odds with the way the company and Mr. Bloomberg have frequently portrayed his role."
Most Important Race?

So while there is always plenty of opportunity to read these days about how Bloomberg is ahead of Bill Thompson in yet one more poll- One of the latest is Bloomberg 53% to Thompson 38% (Bloomberg Leads Thompson In Yet Another Poll By Jen Chung in News on October 31, 2009)- we think that perhaps the figures documenting the contest that we should really be considering are those concerning Bloomberg’s heavy dominance in New York City terminals sales versus those of Thomson Reuters. With the gross inequality in their campaign spending ratios financed by terminal sales (now perhaps even 17-to-1 with respect to direct campaign expenditure alone), wasn’t the New York City race for mayor really determined long ago by the billions Bloomberg socked away from this other market share race?

What’s Most Worth Knowing?

Therefore let us ask what is most important. Is it most important to know about Bloomberg’s record as mayor during his two terms in office? That’s something you won’t really get a true picture of given Bloomberg’s extraordinary campaign spending paid for by terminal sales. Or is it most important to know about something else about which much less information is available: How during those same two terms Bloomberg became the city’s wealthiest man through terminal sales? Maybe what is needed is to appreciate how these two things interrelate.

Compensating Justly? What Is the Property Being Condemned at the Atlantic Yards Site Really Worth?

Atlantic Yards Report has an extremely fascinating article that compares the prices Forest City Ratner seeks to pay for property, when abusing eminent domain, against various measures of what that property is actually worth in the market. (See: Friday, October 30, 2009, What's a Prospect Heights condo worth? ESDC low-balls Goldstein (who once walked away from $500K profit) and overpromises the public.)

Needless to say, the prices that Forest City Ratner wants to pay by virtue of using the eminent domain club are a lot lower than fair market.

Wyldely Off For Starters

Needless to say? Maybe not. What provided background for AYR’s analysis was a recent Brian Lehrer discussion of eminent domain (part of its election issues series- 30 Issues Day 6: Eminent Domain, Monday, September 28, 2009) where Dana Berliner, senior attorney at the Institute for Justice, and Kathryn Wylde, president & CEO of the Partnership for New York City, debated eminent domain. Ms. Wylde, a dependable apologist for eminent abuse, routinely maintains that fair compensation is always scrupulously paid, something we have taken issue with her about in previous posts. (She also maintains, incorrectly, as she did on the program, that eminent domain is never used unless a careful cost benefit analysis has determined that the ensuing project will be a net benefit to the community. Ms. Wylde takes this position while supporting use of eminent domain for the proposed Atlantic Yards basketball arena, documented as a $220 million net loss to the public. The arena was a subject of the Lehrer program’s discussion.)
(Click on the above image to enlarge it. For more about it click here.)

Paying Less (Per Square Foot) Than Ratner Would Seel Property For (Per Square Foot)


The Atlantic Yards Report post is fascinating because it does such a good job of elucidating a subject that certainly needs it.

First, the AYR post makes clear that Forest City Ratner wants to pay less for property than it cost before the market escalated in the last real estate boom and less, on a square foot basis, than they would themselves expect to sell similar property for. But, as we will explain, that difference is just a fraction of profit total spread they hope to collect by paying less than market.

Atlantic Yards Report noted that Forest City Ratner wanted to pay Daniel Goldstein an `estimated’ $450 per square foot for his condo in the Atlantic Yards footprint while at the same time FRC is getting state agency blessing to proceed with its (no-bid) mega-monopoly based on a (suspect- we’ll get to that) KPMG market survey that says that the current condo market in Prospect Heights is $470-$1225 p/s/f. Further, as AYR notes, FCR estimated in 2006 it would get $850 p/s/f for its proposed Atlantic Yards condos.

Paying Less For Property Than It Was Bought For Before the Market Escalated

Atlantic Yards Report “estimated” the $450 p/s/f offer to Goldstein based on the fact that during the Lehrer program Mr. Goldstein phoned in to speak about the absence of “just compensation,” saying that Forest City Ratner was offering below the $466 p/s/f Goldstein paid in 2003 explaining, "It is even below what I paid for the place... over six years ago, and everybody knows the market is not lower.”

Even More Greedy Than It Sounds

Expecting to pay half or less for property, when looked at on a square foot basis (the $450 vs. the $850 to $1225 p/s/f), may already sound really greedy. That’s at first blush. In a moment we’ll explain why it is substantially even more greedy than simply comparing these per square footage numbers might indicate. But before we explain why its substantially more greedy let us be meticulous and explain why the above gap in figures is probably slightly less greedy than it sounds.- Yes, that sounds as if we are geekishly taking you on something of a mathematical roller coaster, but at least no one should say that we aren’t going out of our way to be fair and to say something potentially nice about Ratner.

When Trying to Say Something Nice about Ratner Maybe You Can’t Anything at All!

The reason why what we have described already is only slightly less greedy than it sounds is that the high number in the range given for those “surveyed” market values, the “$1225 p/s/f” figure, doesn’t represent reality. It is virtually certain that the number was deliberately inflated to support a legal fiction that the development monopoly government officials want to confer upon Forest City Ratner isn’t really destined to result in Ratner’s keeping most of the megadevelopment acreage as undeveloped parking lots for several decades. Oops: That doesn’t sound very nice! Just goes to show you: Even when one goes out of one’s way to say something nice about Ratner one discovers more greed under another rock.

Taking Greed to a Previously Unknown Zone

Now, back to why referring simply to “square foot” prices for condominium apartments doesn’t convey the full measure of Ratner’s greed. Daniel Goldstein’s apartment is in a nine-story building. As Atlantic Yards Report references in its article, the Ratner megadevelopment involves an override of local zoning and procedures whereby Ratner is proposing to ultimately create the densest area in North America. Goldstein’s nine-story building is supposed to be replaced by a forest of 50- and 60-story buildings. Assuming, conservatively, that Goldstein’s apartment will be replaced by development that is four times the current density, and assuming conservatively that we should use the $850 p/s/f condo figure, this increase in density transmutes the square foot value of Goldstein’s apartments in development terms to $3,400 p/s/f ($850 p/s/f times 4). Then the gap between what Ratner is offering Goldstein and what the unit is really worth is $450 vs. $3,400 p/s/f.

How a Condominiums Price Would be Negotiated in a Fair Market Transaction

Assume that Ratner had to approach the owners of the Goldstein’s condominium building in a fair market transaction without using the threat of eminent domain. Under the by-laws of the condominium all the unit owners would have to get together and consider the offer. The by-laws almost certainly provide that an offer would be accepted only if a supermajority of the unit owners agreed. (Unit owners in the minority might have additional protections.) Before they agreed to a sale the unit owners would want to be getting a fair market price. They would factor in the development value of the building in determining that price. They would be looking for Ratner to pay a substantial portion of the above $3,400 p/s/f development potential of the site. That, by the way, would be market value.

Magically Minting Money to Pay For Condemnation Awards (Not Out of Ratner’s Pocket)

As Atlantic Yards Report describes, Ratner, using the threat of eminent domain, paid other individual condominium unit owners in Daniel Goldstein’s building more than the $450 p/s/f Ratner is estimating to be offering Goldstein. With the threat of eminent domain behind him Ratner paid substantially less than $3,400 p/s/f and using “gag order, non-disclosure, and tout-for-the-project” agreements kept secret what was actually paid to individuals accepting the deals. AYR notes, referencing court records, that in 2005 there was an offer of $850 p/s/f. FCR’s offer of a higher prices was facilitated not only by the upzoning but also by using taxpayer money to make the payments.

Eminent Domain Abuse Coupled With Upzonings Degrades Quality of Urban Design

Because the upzoning is effectively funding the real estate acquisitions, we are seeing a pattern with developer-initiated, developer-driven eminent domain where the eminent domain is routinely accompanied by abnormal boosts in density within boundaries coterminous with the developer’s monopoly ownership. That doesn’t make for the best urban design.

Monopoly’s Theft of Value From Neighboring Property

Even in the adverse setting of a condemnation proceeding, a condemned property owner is (and should be) entitled to legal (and constitutionally specified “just”) compensation which should include the portion of the prospective development value of their property that can be reasonably anticipated. That is “reasonably anticipated” under normal circumstances. . . That doesn’t mean that the unit owners in Daniel Goldstein’s building should be entitled to the full aforementioned $3,400 p/s/f associated with the huge upzoning because not all of that upzoning should have been anticipated. Entitling them to all that money would be unreasonable (irrespective of all the money from the zoning going into Ratner’s pocket) because no normal prior owner could reasonably envision or expect to benefit from the unreasonable way that density has been selectively piled onto the Ratner site or the politically connected zoning override used to do it.

Properly, while a portion of the upzoning of the Ratner site is attributable to the condemned properties being taken away from their legitimate owners through eminent domain abuse, there is another portion of the abnormal zoning increase that is instead attributable to neighboring properties that will no longer be eligible for their own future zoning increases because of the density that has been shifted over and piled exclusively on the Ratner mega-monopoly site. In effect, the abnormal density heaped on the Ratner monopoly steals property value from the surrounding neighborhood property.

Transaction Costs: Why The Value of Property Is NOT What Was Paid For It

As noted, the estimated $450 p/s/f being offered to Goldstein is less than the $466 p/s/f he paid for his property in 2003. But say that Goldstein had just bought his condominium for $466 p/s/f and imagine that he was being compensated a day later. Can it be argued that it would be fair to pay him exactly the $466 p/s/f he paid? There are those such as Kathy Wylde who act as if this would be absolutely fair. (Goldstein was unaware when he bought his apartment that he was about to be faced with an attempt to seize his property for development.) From the Lehrer program we gather that Ms. Wylde is apparently content to pay Goldstein less than he paid for his unit. But someone like Wylde would likely argue that to pay Goldstein exactly what he paid for his unit a day after he brought it would be fair: The fact that he bought it on Tuesday at $466 p/s/f is very good indicator of its market value so that paying him $466 p/s/f the day afterward ought to constitute full market compensation.

That, of course, ignores the fact that people don’t ordinarily buy property and sell it a day later at the same price. It ignores that fact that eminent domain condemnations create forced takings which compel transactions to occur on timelines that would never otherwise be applicable. People don’t buy and immediately thereafter sell property because there are all sorts of expensive transaction costs incurred each time they turn property over. They must pay a broker perhaps 6%, they must pay their lawyer. They will probably have to pay to take out a mortgage, perhaps paying down the interest rate with substantial up-front points. The same interest beneficial rate may not be any longer available. They will have moving costs, decorating and renovating costs and costs for new appliances. There is all the time they will have invested to look for the property. There will even be the cost of their time to notify all their contacts of their address changes. They may have other costs like applying to send their children to new schools or looking to find those new schools. If you start thinking about why exactly you don’t want to move next week you can probably readily think of many more of the costs that should be added to the list.

Taken to an extreme, one can recognize that most people if they were forced to sell and re-buy a new home every year or every six months would soon be bankrupted by the recurring transaction costs. The fact is that hidden in all real estate prices is the legitimate expectation that homeowners and other real property owners will manage the their ownership so as to amortize the transaction costs over an appropriately extended period of time. If people are knowingly going to occupy properties for shorter periods of time they make appropriate adjustments; they rent, they take smaller apartments. People also time the moves they make to comport with projected changes in life, having one or more children, retiring, taking a new job, starting a business. If you force a different schedule on them, then in the free market they are going to demand a price high enough to compensate them for the extra transaction costs plus all the extra inconvenience togther with their emotional attachment to their investment. That’s a price Ratner doesn’t want to pay and Kathy Wylde defends Ratner’s not having to pay it. As noted, she defends Ratner’s paying even less.

Are Eminent Domain Transaction Costs Exceptional? Indeed.

We could go on to explain that having your property taken by eminent domain actually has extra transaction costs associated with it beyond merely the forced timing of the transaction. Your ordinary lawyer is not going to be able to represent you. (It is an experience you will not have in common with most of friends as would be the case with a traditional real estate transaction. You are going to be lonely when trying to compare notes with your fellow citizens.) Eminent Domain introduces unknowns and costly uncertainty into one’s life. This can be enormously expensive for a business owner trying to maintain and work with clients and/or tenants. Eminent domain is also likely to depress the value of your property (and your business). Certainly, it will stop its escalation.

In law school we were taught to pay attention to the filings by government that foreshadowed the use of eminent domain. We were taught that the government would try to get something on record as soon as possible to freeze real estate values and that pending eminent domain needed to be researched and discovered because of the way that it would likely depress real estate values. Of course, in law school in the 1970's we were thinking conventionally in terms of eminent domain for publicly owned facilities, not in terms of establishing huge no-bid developer-initiated mega-monopolies under the pretextual rubric of “economic development” or faux findings of “blight”in prime neighborhoods.

Not to Be Overly Academic About It: What’s Really at Issue

Perhaps we have allowed ourselves to get overly academic in this post. We don’t believe that people like Kathy Wylde are actually concerned with the academics of determining what is a fair price for people having their property taken by condemnation. We don’t believe their concern is actually whether megadevelopments like Atlantic Yards that abuse eminent domain will be a net plus or a net loss for the community. We are not certain apologists like Ms. Wylde even have a real concern for what these amorphously-shifting projects will actually finally be. What we see is Ms. Wylde reflexively promoting eminent domain and reflexively promoting its abuse to create a no-bid mega-monopoly for the politically connected Ratner. We see this done with no apparent regard for the public costs and irrespective of the absence of perceptible public benefit.