Monday, September 14, 2009

Our thoughts on Navigating the Voter Minefields When All the Candidates Know the Words to Mouth on Development

This will provide our good government, good real estate development oriented, Noticing New York thoughts on who to vote for in a number of tomorrow’s most important primary elections and why: Tony Avella for Mayor. Norman Siegel for Public Advocate. John Liu (or David Yassky?) for Comptroller. Josh Skaller in the 39th City Council District. Jo Ann Simon (or Evan Thies?) for the 33rd. Tish James for the 35th. Yetta Kurland in the 3rd to defeat Christine Quinn and unseat her as speaker of the City Council.

To get to these decisions we had to wend our way through a number of voter minefields. We hope that sharing our thoughts with you will be helpful.

Real Estate Development: Do Candidates Receiving Contributions From the Industry Who Know What To Say Really Mean It?

Last week our attention was caught by what we think was an epitomizing exchange between David Weprin and Melinda Katz in the New York Times account of last week’s Comptrollers’ debate. Mr, Weprin and Ms. Katz, are among the four candidates running for Comptroller, all of whom are City Council members. The Times suggested that Mr. Weprin, trailing in a Quinnipiac University poll, seemed anxious to upend the race which is likely to involve a runoff.
In one of his many challenges in the debate, Mr. Weprin took aim at Ms. Katz. “How can you be independent of the real estate industry when your finance committee, which is on your Web site, is a who’s who in the Real Estate Board of New York?” he asked.

Ms. Katz said she had maintained her independence, but Mr. Weprin kept at her.

Ms. Katz said, “You know, David, as chair of the finance committee, I know, looking through your contributions, that we probably don’t want to have this discussion.”

Replied Mr. Weprin: “I’m willing to have the discussion.”
(See: Councilman Attacks Rivals in Final Primary Debate for Comptroller, By Kareem Fahim, September 10, 2009.)

The exchange captures how all the candidates for city office implicitly acknowledge the overriding importance to voters that public officials not be in the pocket of the real estate industry, coupled with the deep and rightful suspicion that just because politicians adopt the rhetoric of opposition doesn’t mean that they are honestly independent of the industry. Mr. Weprin certainly knows the political facts of life. He is the son of Sol Weprin, Sheldon Silver’s predecessor as Speaker of the Assembly. (In our former public agency life we used to work for Mr. Weprin’s brother and we also used to run into David frequently in the days when he was an investment banker.)

Debate In the 33rd Race Where the Candidates Were Saying the Same Things About Development

At the same time that the Comptroller’s debate was going on we were at a debate for candidates running for the City Council’s 33rd district (currently David Yassky’s seat- Yassky is one of the other candidates for Comptroller) where the principle of how essential it is to oppose the real estate industry’s political dominance was similarly much in evidence. We have written before about how all the candidates in the 33rd (and the 39th) District races oppose the current kind of rampant development by politically connected developers, citing as touchstones that all of them are opposed to Atlantic Yards and development in the Brooklyn Bridge Park. (See: City Council candidates don't support AY project, May 08, 2009 09:20AM)

A Radical Surprise Including a Description of Real Estate and Government Corruption

What surprised us in this most recent City Council debate was to discover how radically in opposition to real estate industry shenanigans candidate Steve Levin, Assemblyman Vito Lopez’s former chief of staff, presents himself as being. Early in the debate Mr. Levin went out of his way to bring up and label as “corrupt” the events whereby, as revelatory e-mails show, the Bloomberg administration connived behind the scenes to get approval for the Dock Street project. Ultimately, Speaker Christine Quinn pushed Dock Street through the City Council despite the fact that the e-mails disclosed the irredeemable taint of an invalid decision process and intentional misrepresentations for which the senior Bloomberg officials and the School Construction Authority were responsible.

Dock Street is in DUMBO and the City Councilman for the district, David Yassky who is also running for Comptroller, opposed the project as did Councilman Eric Gioia who is running for Public Advocate. Others who voted against Dock Street include Councilman Tony Avella, who is running for Mayor and Councilman John Liu the fourth and final of the candidates running for Comptroller. Ms. Katz was amongst those who overlooked the “corruption” Mr. Levin spoke of to vote for Dock Street. Mr. Levin says that, if elected, he would put an end to this kind of corruption in the City Council. We were unaware that he did anything to oppose Dock Street’s approval when it was in the offing: Apparently he didn’t, he is only a late discoverer of the crime we (and Newsweek) were writing about at the time.

Mr. Levin also portrayed himself as, like the other candidates, passionately against Atlantic Yards. We had reported about his opposition previously but his “many serious concerns” about Atlantic Yards seemed to be so awfully tempered (“I am against the use of eminent domain unless in the case of overriding public benefit resulting from that use.”) that his language was reminiscent of the mega-project’s supporters. By contrast the majority of the candidates in the race (without explanation; candidate Isaac Abraham was not there to express himself) all firmly support Develop Don’t Destroy’s more effective categorical opposition to the Ratner project rather than what has been described as the “mend it don’t end it” open-to-compromise approach of Brooklyn Speaks.

Do Degenerative Changes to Atlantic Yards Project Evoke a Radicalizing Passionate Response?

To be fair, since Mr. Levin first provided his views on Atlantic Yards by giving us the comments previously published in Noticing New York before the mega-project degenerated significantly with additional MTA giveaways and diminished the likelihood that anything except a net-loss arena will ever be built. It is now much easier to be passionately against the project. In fact, it hardly makes sense for any politician to be anything else. Everyone for instance now knows that the Independent Budget Office’s report to tally the no-bid giveaways of subsidy to Forest City Ratner at $726 million and estimate the net loss to the city at $220 million ($39.5 million in direct losses and $180.5 million in opportunity losses). The city is pretty much just handing Ratner a check for $726 million, no questions asked, with not much asked in return. (See: Thursday, September 10, 2009, The Surrounding Light Smears Ratner’s Atlantic Yards Arena.)

We have talked with people who are willing to wonder whether Mr. Levin in his heart of hearts has significant reservations about the kind of big, manipulated, city-involved, corrupt kind of real estate development he says he opposes and to hold open the possibility that his opposition is legitimate notwithstanding that Assemblyman Vito Lopez is routinely and deeply involved in exactly this kind of thing. Most recently, Lopez has been prominently involved with the Broadway Triangle site. (See: Tuesday, August 11, 2009, In the 33rd: Levin vs. everyone else, AY & Broadway Triangle, and the argument for IRV (Instant Runoff Voting).)

Lo-Pez Dispensation?

Lopez jumped into the proposed redevelopment of the immediately adjacent former Pfizer plant site right at the beginning, heavy-handedly proposing the inappropriate use of eminent domain to take the site away from Pfizer. (Pfizer Offering Williamsburg Plant Site for Affordable Housing—So, Why’s a State Assemblyman Trying to Seize It? by Eliot Brown January 15, 2008.) The ironies here two-fold: 1.) Lopez was proposing to take the site for housing but that was already the purpose for which Pfizer wanted to use the site, and 2.) Lopez was unfairly proposing to use eminent domain to achieve a private-owner to private-owner transfer that would wrest the property from Pfizer, and his ability to do so was enhanced by the infamous Supreme Court Kelo decision a case where, the shoe on the other foot, Pfizer was involved as a beneficiary of the same sort of forced transfer in the name of “economic development.”

One of the audience-submitted questions asked of Mr. Levin the night of debate was whether Mr. Levin would be independent of Mr. Lopez who was referred to in the question as the “second most powerful man in the state.” If he wasn’t, the synergistic effect of Levin attaining a City Council office could be really bad news. Mr. Levin responded with assurances that he would be independent of Assemblyman Lopez, and that the Lopez had always advised him to do the right thing.

Looking Through Doubt to Actions Taken

This then presents an ever-so typical situation. Voters know that the politicians know the principles they should enunciate about independence from the real estate industry but they wonder what the politician will actually do once in office. The best thing to do in such a case is to look at what candidates have actually done when they have had the opportunity to act. Another question asked at the debate (which we submitted) was whether candidates had submitted comment to the MTA or the Empire State Development Corporation opposing the most recent revisions to the Atlantic Yards project which pile extra inappropriate benefits onto Ratner without any quid pro quo in return. Our question also asked: “Why or why not?”

There were a number of opportunities to be involved. in this regard Even though the MTA raced with incredible speed to give these benefits to Ratner after their nature was revealed, Councilman candidate Yassky testified before the MTA to oppose them. There were two days of ESDC hearings in which people could make statements as many did, followed up by a month in which comments could be formulated and submitted. Many may predict that those comments are destined to be ignored (although that they are ignored may be a basis for litigation). For those feeling frustrated by the strong suspicions that comments will be ignored there was the opportunity to join a political rally in opposition to the megaproject held before the ESDC hearings began. Other candidates submitted comments and testimony in this process and almost all of the candidates for the 33rd District showed up at the rally in opposition. (Isaac Abraham did not.) (See: Thursday, July 30, 2009, At lightly-attended (and sometimes raucous) public hearing, dueling electeds, some déjà vu, and a “sham process for a sham project”.)

Mr. Levin did not show up or participate in any way in any of these activities, not even taking advantage of the month in which he could have submitted written comment. His excuse was that he was just very busy and wasn’t really conscious of an opportunity to fit things in. We were particularly curious about whether he would participate given that the Friday before the ESDC hearings and the opposition rally we ran into him at breakfast and reminded and encouraged him to show up. We even supplied some additional encouragement when we wrote about running into him and wondering in our post whether he would show up. (See: Wednesday, July 29, 2009, First Day of ESDC Hearings on New Sight-Unseen Version of Atlantic Yards: Some Noticing New York’s Testimony and Questions Asked.)

Notwithstanding, even the Friday morning we ran into him we suspected that Mr. Levin wasn’t going to show up or involve himself. Though we reported that he “spoke critically about the way the project had degenerated since his above statement, together with the new $100+ million package of giveaways with which the MTA recently sweetened the developer’s deal” he referred rather vaguely to probably having to knock on voters’ doors or do something else that would prevent him from showing up.

Not even submitting written comment in opposition during the month long comment period does not bespeak passionate opposition. There are billions of public dollars involved here, violations of every conceivable principle of good government and potentially great harm directed at the district Mr. Levin is hoping to represent. At one point during the debate evening Mr. Levin said that he had sent a letter to the Governor urging him to sign the proposed Public Authority Reform bill. Atlantic Yards is the current preeminent example of why that bill needs to be signed. To focus only on the abstract principles of reform while failing to directly address an immediate and concrete example of the actual wrong is dangerously abstract and distracting.

The Avella/Thompson Race for Mayor: Thompson’s Implodingly Mismatched Rhetoric and a Critical Mystery About Megadevelopments

So when politicians mouth the expected pieties about opposing sell-outs to the real estate industry and you inevitably want to know if they mean what they say we suggest that, as with Mr. Levin, you can only look at what those individuals have actually done.

The race for the Democratic nomination for Mayor between Comptroller Bill Thompson and City Councilman Tony Avella is another race where enunciated opposition to favors for big real estate developers has featured prominently while the question of what the statements of one of the two candidates actually means couldn’t be more stark. We may see that the Thompson campaign implodes, now or after the primary because its actions are so utterly at odds with its mouthing of rhetoric.

Thompson has made criticism of Bloomberg’s gifts to big real estate developers a standard part of his regular stump speech. (See: Monday, July 13, 2009, Waiting for What Thompson Will Say Specifically about Atlantic Yards.) He made it part of both his opening and closing statements in the first mayoral debate. These are the refraining words Mr. Thompson began his opening statement with (after an obligatory statement of thanks to the hosts of the debate):
For the last eight years, we’ve had a Republican mayor, Mike Bloomberg, who is focused on Wall Street, big developers, and the wealthy.
Thompson also spoke harshly in both mayoral debates criticizing the failures of the Bloomberg megadevelopments. In the second debate he was asked to list the three top failures of the Bloomberg administration and cited its failed megadevelopments. In the first debate he said this when talking about the economic failures of the administration:
Let’s look and be honest. The Bloomberg administration, as we look at the mega-projects that they’ve rolled out for growth and development: most of those have failed. Most of those aren’t moving forward. Whether it’s the stadium on the West Side, whether its Hudson Yards, whether it is places like Willets Point and Atlantic Yards. . . Those projects haven’t moved forward. There has been this over-reliance on Wall Street and it appears that they thought Wall Street would carry us forever. That didn’t happen. We need to diversify the economy of this city. I talk about smart growth and fair growth and fair growth that involves communities. . .
The above reminds us of our own criticism of Bloombergian megadevelopments. We think megadevelopments involve an inherently flawed approach, especially with projects like Atlantic Yards and Willets Point, that contain the seeds for their own inevitable failure. The problem however: It is not clear that Thompson is saying this or exactly what he is saying. Is Thompson against Bloombergian megadevelopments because they are inherently flawed or is his criticism instead that Bloomberg hasn’t pushed megadevelopments through and made them work? Because his list includes palpably flawed and unpopular projects like the West Side Stadium and Atlantic Yards it might seem that he means the former. But this is not actually clear and if he means the latter then Thompson, inconsistent with his rhetoric about not focusing on big developers, may well intend to out-Bloomberg Bloomberg in terms of blindly sinking public resources into megadevelopment.

One reason to believe that Thompson is a fan of forcing through megadevelopments such as the West Side Stadium and Willets Point is that Thompson has formally, come out in favor Atlantic Yards. Thompson was, in fact, in favor or Atlantic Yards at the outset though he has implied that the history is otherwise. Recently Thompson has come out again in favor of the Atlantic Yards megadevelopment after and despite its significant degeneration into a different and far worse project than it was in the beginning. (See: Thompson "Late Supporter" of Atlantic Yards. Says Urban Planning Not About "Developer Accommodation" 9.01.09.) By implication Thompson is necessarily favoring all the recent excessive extra giveaways from the MTA and ESDC to the developer about which he, like Mr. Levin, was silent.

In the second debate listing the three greatest failures of the Bloomberg administration Thompson listed Bloomberg’s override of term limits as the greatest failure. For the second greatest failure (about 20 minutes into the debate) this is what he said:
Megadevelopment and the failure of the megadevelopments that Mike Bloomberg has moved forward to the exclusion of small business across New York, that’s probably number two.
That’s not very elucidating, but that is what he said.

Thompson’s remarks about megadevelopment and whether he, ostensibly, favors or opposes them were so ambiguous we contacted the Thompson campaign for clarification. We asked: “What does he then believe is wrong with Bloomberg's record of megadevelopment and to what errors on the part of Bloomberg does he attribute the failures that he apparently would correct?” We received no response.

Again, let us think this through. Thompson says he is against a focus on big developers. If Thompson then opposes megadevelopments rather than promoting them how can he be in favor of the quintessentially objectionable developer-focused megadevelopment, Atlantic Yards? Consider just how many very sweet developer-focused megadevelopment-cookies Ratner is trying to take out of the cookie jar. (See: Friday, July 31, 2009, Ratner: The Little Boy Trying To Get Too Many Cookies Out of The Cookie Jar and Getting None.)

We think Thompson’s campaign is destined to implode. These inconsistences convince us of that together with Thompson’s obvious discomfort during the second debate when he was asked about pension investment scandal matters and his office’s handling of them.

Avella Sounding Like Jane Jacobs

By contrast Tony Avella’s position on megadevelopment, what was wrong with megadevelopment and what would work better is absolutely clear and un-Bloombergian.

In the first debate, NY1's Juan Manuel Benitez asked Avella about his opposition to big development:
You are a fighter against big development. After the collapse of the financial industry don’t you fear that new York City will lose its international clout if you don’t think big in terms of development and innovation?
Avella responded:
Naturally you have to do that* but I also think that there is advantage in thinking small and thinking from the bottom up. A lot of the philosophy in this city including the planning and development is all from the top down. It’s the Mayor, it’s the Department of City Planning, it’s the real estate industry that controls the agenda and Wall Street. I think we’d do much better if we did things from the bottom up and let the people work in their own neighborhoods to plan for thie own neighborhoods, for their communities. Let THEM work with the developers. I think if we did that we’ll have a much better city and you’ll find those innovative solutions come out of those discussions
(* Note that Mr. Avella and Mr. Thompson had both earlier criticized Bloomberg for not effectively handling the one big megadevelopment project that is necessarily a given, the redevelopment of Ground Zero.)

We think Mr. Avella is right. His answer is very Jane Jacobs-based. Mr. Benitez challenged Avella to defend his answer:
So you don’t have any big projects in mind? In case you are mayor of the city, you would wait for neighborhoods to come up with plans and projects?
Mr. Avella:
That’s what we do now. There’s no planning in this city. Mike Bloomberg isn’t doing planning. He reacts to the real estate industry in this city. And how many of his major projects have actually happened? We have to change the whole philosophy in this city. because the problem with what you are saying is that it comes down to money. It shouldn’t be about money. It should be about people in this city. And until we change that dynamic we ‘re always going to be in the same situation. Talk about the financial crisis: Absolutely we have to deal with this. But the way to deal with this is to strengthen small business, to bring back the manufacturing jobs which the mayor has basically undercut
Maybe it was what Mr. Avella had just said set forth above that led Mr. Thompson to make his own ensuing similar sounding remarks about failed megadevelopment.

Different Kinds of Elections: When It Is Wise to Vote For the Best candidate and When It Isn’t

After voters figure out which candidate’s deeds in office might actually comport with their campaign rhetoric they still have to figure where their votes can be effective. There are two kinds of elections going on this primary. Citywide elections will result in run-offs if no candidate receives more than 40% of the vote. City Council District primaries are decided by mere plurality.

Starting with the Easy Avella/Thompson Race: We like Avella

The primary election between Thompson and Avella is a straightforward matter for the voter: Just vote for the best candidate, or if you feel that Bloomberg is destined to win the upcoming general elections because of the hundreds of millions he is spending on the election, vote for the Democratic candidate who will send the clearest message to Bloomberg. Avella is clearly the best candidate.

Running Off to the Public Advocate Race: We Like Siegel

In citywide races with multiple candidates, the voter first must guess whether a runoff is likely. If a runoff election is expected or likely, a voter can send a clear message by voting for the candidate who is actually best. For instance, a runoff is likely in the race for Public Advocate. We think that voters should therefore vote for Norman Siegel since he is best suited for the job.

Of all the candidates for Public Advocate Mr. Siegel is the one who has essentially already started the job. The budget for the Public Advocate office has been substantially cut and Mr. Siegel is surely the best suited to be able to do a lot with a little. He already does, partly by knowing how to use the law.

One way or another this election is going to be about those who will be able to take on Bloomberg and restore a balance of power. For instance, Eric Gioia did an excellent job at the kind of thing that Public Advocate will have to do when he championed opposition to the Dock Street approvals. We think Mr. Siegel is most likely of all the candidates to be able to do that kind of job well and dependably. We note that Mr. de Blasio, like Mr. Siegel, joined in the lawsuit to challenge Bloomberg’s override of term limits. Still, for Mr. de Blasio the Office of Public Advocate is just a stepping stone to another office and the office doesn’t seem to really suit his temperament. It was not his first choice. Originally he wanted to run for Borough President.

Suitable candidates for Public Advocate (and for Comptroller) should all have shown their suitability by coming out in opposition to the Atlantic Yards and by criticizing the recent MTA giveaways. Norman Siegel did that and he has been consistently fighting eminent domain abuse. While Mr. de Blasio has expressed reservations about Atlantic Yards but as the project had grown significantly worse de Blasio has been waffling and inexcusably hiding out. Mr. de Blasio has also never opposed eminent domain abuse.

Running Off to the Comptroller Race: Liu or Yassky?

The Comptroller’s race is another race likely to go to a run-off election. Noticing New York readers worried about Bloombergian-style development and manipulation should NOT vote for Melinda Katz. Candidates Yassky and John Liu both oppose Atlantic Yards and are both likely to do well in the election. As both are able, what should be the deciding factor? It has been complained that Yassky should have opposed Atlantic Yards earlier and he likely could have been more strongly in opposition quite recently. Liu has many principled votes to his credit where he has often been heroically in the minority to oppose Christine Quinn-led Council Vote fixes. Where Liu shown commendably and Yassky behaved inexcusably was on the vote to overturn term limits. Yassky should never have supported Bloomberg’s power grab and the power garb has left the city multiple problems that will now be much harder to address.

City Council Plurality-Take-All Elections, The More is Less Equation

When it comes to City Council races, the voter has to decide on candidates based on which are likely to win the winner-take-all plurality. That regularly means forcing oneself to ignore lots of worthwhile candidates. For instance, it is not that the races for the 33rd and 39th Council Districts don’t have many exceptionally worthwhile candidates: They do, but paradoxically, the more candidates a Council District can field that truly reflect the district’s wishes and concerns, the greater the mathematical probability that, in the end, the district will not actually be represented by such an individual. “Circular firing squad” is one phrase that Norman Oder and others have used to describe this more is less proposition by which a multiplicity of good candidates cancel each other out in favor of a bad one.

In Atlantic Yards Report Norman Oder has recommended, and we agree, that the current system of plurality take-all voting should be replaced by a system like San Francisco’s instant runoff system which simulates a series of runoffs on one ballot by allowing voters to rank candidates in order of preference. Unfortunately, that has not happened here yet so rather than voting for the best candidate voters need to vote for the best candidate likely to win. (See: Tuesday, August 11, 2009, In the 33rd: Levin vs. everyone else, AY & Broadway Triangle, and the argument for IRV (Instant Runoff Voting).)

Race in the 33rd: Jo Ann Simon- (Or Evan Thies?)

As we noted, there are serious questions about what to expect from Mr. Levin if he obtains a City Council seat. Those who would like to see someone else in office should probably then vote for either Jo Ann Simon or Evan Thies as the most likely to win. Of the two Ms. Simon is probably ahead and probably has the most critical endorsements including the New York Times. We find it odd that the two merging papers (Brooklyn Paper and Courier-Life) from the CNG chain endorsed two candidates running against Ms. Simon, Mr. Levin and Mr. Thies. The endorsement of Mr. Thies might conceivably benefit the other chain-endorsed candidate, Mr. Levin. (See: Friday, September 04, 2009, Looking at the weekly newspaper endorsements: James, Thies, Skaller, plus some contradictions.)

Race in the 39th : Josh Skaller

In the race for the 39th it is less obvious that there is a mismatched minority viewpoint candidate highly likely to win who would pose a problem for the community if they won. We think a vote for strong Atlantic Yards opponent Josh Skaller would be the voters’ best choice in this race. We recognize that Brad Lander is also likely to win and we recognize that Mr. lander has been quite eloquent in his statements opposing Atlantic Yards. Mr. Skaller is likely to do better against Mr. Lander given that in a surprise move the normally conservative pro-Atlantic Yards Courier Life has endorsed him. Of course, it is possible that if votes are split between Mr. Skaller and Mr. Lander, John Heyer may do better. John Heyer has been endorsed by the formerly more liberal but increasingly conservative, increasing pro-development Brooklyn Paper. Mr. Heyer’s views on Atlantic Yards are complex and he is the candidate who is least opposed to the extremely unpopular development.

Working Families Party: The Anti-Endorsement

One way we suggest deciding between candidates like Ms. Skaller and Mr. Lander these days is, all things being equal, (and things are not always equal) make sure you don’t vote for the candidate supported by the Working Families Party. The Working Families Party’s eagerness to broker power makes it the entity that is first to sell out a community’s interest after coaxes the community’s into reliance upon it. We think this means that a Working Family Party endorsement should be looked upon suspiciously as a likely indicator that the endorsed candidate is closer than other candidates to the conventional business-as-usual power structure.

In the races we are talking about in this post, the Working Families Party has endorsed Bill Thompson, John Liu, Bill de Blasio, Mr. Levin, Mr. Lander, Christine Quinn and Tish James. We wrote before about how the Working Families Party mentioning their endorsement of Mr. Lander told us that they endorse candidates who are opposed to Atlantic Yards even though they have unresolved conflicts of interest respecting business relationships with the developer. (See: Thursday, July 9, 2009, A Street Encounter Raises Questions About The Working Families Party, ACORN and Atlantic Yards That Seem To Lack Satisfactory Answers.)

Markowitz Anti-Endorsements

Another endorsement that might, like the Working families Party endorsement, be considered an anti-endorsement and a reason NOT to vote a candidate is an endorsement by Brooklyn Borough President Marty Markowitz. Mr. Markowitz has endorsed Mr. Levin. He has also endorsed Mr. de Blasio who, before term limits were overridden, wanted to succeed Markowitz as Borough President and Mr. Markowitz has endorsed David Yassky.

Race in the 35th : Tish James

Not all rules are hard and fast, and as we indicated things are not always equal between candidates. There is no question about whom to vote for in the 35th Council District. Tish James has been endorsed by the Working Familes Party but she is one of Atlantic Yards most stalwart opponents and is the only truly qualified candidate in the race. There is something glaringly wrong with the fact that the New York Times did not endorse anyone in this race given that Ms. James ought to win and her main challenger, Ms Hunley-Adossa, is essentially on the Forest City Ratner payroll and utterly incapable of uttering a coherent thought or English sentence. Ms Hunley-Adossa also hides out, something we saw firsthand when we could not get her to respond to or answer our question about whether she had any knowledge about the level of subsidies going into the Atlantic Yards project. We asked her repeatedly but got only a stony silence. (See: Friday, August 28, 2009, Looking at the 35th District debate: Delia Hunley-Adossa surfaces (and shows why she's been inaccessible).)

Dumping Christine Quinn: One of the Most Important Races In the Primaries- The Race in the 3rd: Vote Yetta Kurland

Perhaps the most important Council race in the city is the race for 3rd Council District currently held by Christine Quinn, the current speaker of the City Council. Nothing would do more to send a message to Bloomberg about his override of term limits and his Bloombergian megadevelopment policies thant to defeat Quinn. A strong vote against Ms. Quinn could convey a powerful message even if it didn’t defeat her. Voting against Quinn should also send a message to the other members of the City Council that the balance of power between the mayor and the council needs to be restored. It would send a message that the council should not be a rubber stamp for the shenanigans of the politically connected, including the redistribution of wealth to the wealthy in Bloomberg’s megadevelopment projects. A message sent could also result in the removal of Quinn as speaker even if she is re-elected to her council seat. Let’s hope she isn’t though.

To name just a few things, Quinn in her time has been responsible for funding Atlantic Yards, the abuse of eminent domain in the Columbia expansion and at Willets Points, the corruption of the Dock Street project and the dismantling of the Coney Island amusement district and the selling off a portion of the Greenwich Village Historic District for development. She is also an impediment to an appropriate downsizing of Hudson Yards in her own district.

There are two candidates running against Quinn. We believe the one to vote for and the one who has the best chance of unseating Quinn is Yetta Kurland. It is not clear whether the other candidates is running just to set herself up for the next run while in the meantime consciously participating in vote-splitting that will impair the Quinn opposition.

Yesterday we were returning from time we had spent with a group that marched through Chelsea handing out flyers and carrying banners calling for Quinn to be dumped. As we reached the subway we happened to run into Yetta Kurland. We hope that is a good omen. She told us she was a Noticing New York fan. We were pleased. We didn’t know she was one of our readers.

We hope all of the above helps you get through tomorrow’s minefields. Good luck to us all.

(Here are the latest helpful links from Atlantic Yards Report: Monday, September 14, 2009
Thinking about the 33rd Council District (Part 1), Monday, September 14, 2009, Thinking about the 39th: why Dov Hikind causes Brad Lander to sound curiously like Charles Barkley, Monday, September 14, 2009, The Daily News's non-endorsement in the 35th District, Monday, September 14, 2009, Thinking about the 33rd Council District (Part 2): why I'm voting (gingerly) for Simon)

Saturday, September 12, 2009

Really Now! The subject of Rendering the Atlantic Yards Arena Realistically Revisited

Our last post (Thursday, September 10, 2009, The Surrounding Light Smears Ratner’s Atlantic Yards Arena.) pointed out that the featured rendering being used showing the new (third) design for entire Atlantic Yards in the context of the neighborhood played some strange tricks with feigned time-lapse photography of supposedly speeding traffic on Atlantic and Flatbush Avenues to both prettify and conceal the arena’s depiction. Our comment got some attention yesterday on Atlantic yards Report (Friday, September 11, 2009, Deceptive rendering: where's Fifth Avenue traffic?) and today we found out that another reader of AYR supplied an “altered--and, likely, more accurate” rendering supplying the traffic that was mystifyingly missing from the original. (See: Saturday, September 12, 2009, So, wouldn't an honest arena rendering show some traffic congestion?) The new rendering is at the top of this post: The original is below.

We cannot be happier that this work was done, but the new rendering didn’t fix everything we think should be corrected about the original image. It kept the phantom vaportecture buildings behind the arena (that are not promised or assured to be built) rather than replacing them with the empty parking lot space the public will likely live with for years/decades. It also kept the rest of the neighborhood in the obliteration of a denying shadow. We decided to make an effort to correct at least these two flaws. See our rendering below.

Other corrections can be made and perhaps somebody else can do a better job than our try here. The lighting of the arena needs to be toned down, both the overly bright interior lights and the ethereal lighting of its skin. Further, the real honest living details of the rest of the actually existing neighborhood need to be supplied.

Thursday, September 10, 2009

The Surrounding Light Smears Ratner’s Atlantic Yards Arena

You know that architects think there is much to criticize about a design when they don’t want to actually show you the design. Case in point: The recent Rudin/St. Vincent’s real estate deal will make a lot of money for the developer Rudin and for St. Vincent’s Hospital by selling off a portion of the Greenwich Village Historic District in order to substitute much larger-scale buildings. One of those huge buildings is a new hospital building of a scale the architects probably feared the public would find frightening. Accordingly the rendering presented the building as a ghost building fading out to non-existence on one side.
(Above and below Rudin/St. Vincent’s presentation before the Landmarks Preservation Commission on March 10, 2009, ending in a phonograph of a less ghostly model.)


Now we have the renderings for the recent redesign of the Atlantic Yards arena. It’s the third design for the arena. You can tell how eager the developer was (not!) for the public to see it by the fact that the design wasn’t released until just after ESDC closed its period for public comment. Here though is what we find to be the most fascinating element of the rendering which also convinces us that they don’t want the public to really see the design even now: Fifty percent of the colored rendering of the arena is not a rendering of the arena at all. It is a rendering which, borrowing the same colors in which the arena is depicted, shows with abnormal emphasis the blurred lights of the passing traffic on Atlantic and Flatbush Avenues! Gosh Golly! The lights of the passing traffic are going to be prettier than the arena itself?
(Above is the featured rendering used in the Arts section of today’s New York Times, the only one showing the entire arena in the context of the neighborhood.)

And that’s as if the feigned time-lapse photography of the rendering would actually capture moving traffic rather than the traffic jam on a night that the arena was in use. (And if moving traffic is so beautiful, why does the mega-project go out of its way to shut down streets and avenues?- Note, that in the rendering there is no blurry smear of car lights where Fifth Avenue will be shut down.)

What is the rendering trying to hide? One thing it seems intent on hiding is the relative scale of the arena. The huge blurred light streams in which the arena is couched seem to serve as a comfortable large-scale reference point diminishing the scale of the arena itself. Showing the detail of individual cars and trucks with their relative minutiae would instead provide a contrast and scale (and might make the serious traffic and security issues being discussed less abstract).

The blurry hologramatic effect of the lights floating in space around the arena also distracts from the similar now-you-see-it-now-you-don’t floating light boxes that stand in for more of the mega-project that is not in fact designed at this point. Were these phantom light boxes (Neil de Mause of Field of Schemes calls them "vaportecture") made more obvious by having to stand alone in the rendering it would likely remind the public that the rest of the mega-project, including its housing components, is not truly promised and is far from assured. At best, it will probably be many years or even decades before any of the “vaportecture” materializes as anything real, solid or defined.

It wouldn’t be good for the public to look and see just an arena standing starkly alone because the arena is an acknowledged net loss for the public. The just-released city Independent Budget Office calculates the net loss to the city at $220 million ($39.5 million in direct losses and $180.5 million on opportunity losses) while it calculates the boondoggle subsidies to the developer at $726 million. (See: Thursday, September 10, 2009, Net gain to Ratner, loss to public: IBO says developer saves $726M on arena; city loses $40M plus another $180M in opportunity costs.) We think that the Independent Budget Office may have underestimated the total boondoggle subsidies to the developer (for just the arena) though the figure they have come up with is now getting close to our own of a while ago.

The rendering is another of those architectural presentations that play tricks with light. Many architectural renderings show buildings at twilight in order to emphasize what lighting can do for the depicted buildings, offering a bit of a scale-diminishing translucent effect not available at other times of the day. In this particular rendering, while the arena is lit up and while “speeding” traffic and other portions of the undesigned project float to contribute to the overall translucent effect, the rest of the neighborhood is depicted as dark, as if everyone had turned off their lights and abandoned the neighborhood for good. That sort of goes along with the fiction the developer would have people believe, that nobody lives where they want to take land for the project. Eliminating the lights in the existing buildings also disguises the significant difference in scale.

This is not the first time the developer has put the arena in light and made the rest of the neighborhood go away by putting it in the dark. The developer has never wanted to show its project in the context of the surrounding neighborhoods.
(Above, an earlier image made available about what the arena was supposed to loo like. Notable, it leaves out the 15-story animated, illuminated billboard that was also supposed to be part of everyone would actually have been looking at and living with.)

For a bleak light-of-day depiction that better reveals the interrelationship of project and neighborhood scale and acknowledges that not much other than the arena may be built, we recommend the Atlantic Lots renderings done by the Municipal Art Society. These are particularly clear for the way that they show the scale, conveying details of the traffic and surrounding buildings.
(Picture: Rendering by the Municipal Art Society showing scale of an arena and surrounded by the area in the neighborhood to be torn down -Original Aerial Photograph by Jonathan Barkey. Click on this and other images in this post to see full details.)

Brian Lehrer had a segment of his radio show today wherein he consulted about the new arena design with Francis Morrone, architectural historian and author of An Architectural Guidebook to Brooklyn, and Paul Goldberger, architecture critic for the New Yorker. Mr. Lehrer launched the segment by asking whether the design was just “lipstick on a corrupt pig” as Develop Don’t Destroy spokesman Daniel Goldstein has labeled it. (The Brian Lehrer Show, September 10, 2009, New Arena design for Atlantic Yards.- Atlantic Yards Report has a good account of the Lehrer segment: Thursday, September 10, 2009 - Architecture critics slam Markowitz for claiming arena "celebrates Brooklyn's industrial heritage".) Although there was some restrained acknowledgment of how the design for the arena itself was not completely bad, we think the overall verdict of that discussion was that the design is indeed “lipstick on a corrupt pig.” Many problems with the project were noted, including that it is a money loser for the city, out of scale and that the arena is in far from an optimal location. Perhaps it all depends on what “lipstick” means. (The “corrupt pig” part of metaphor is pretty obvious.)

So that leaves us thinking again of the oddity of how the project has been surrounded in a glow of that feigned time-lapse photography of speeding traffic. It seems to us that, in this case the lipstick has been applied in a big blurry smear.

Friday, July 31, 2009

Ratner: The Little Boy Trying To Get Too Many Cookies Out of The Cookie Jar and Getting None



(Above, Bruce Ratner looking all too cute- We have to talk to our artist- as the little boy trying to get too many cookies out of the cookie jar and thereby getting none.)

(Updated as of August 31, 2009.)

Yesterday (July 30, 2009) we testified again at ESDC Atlantic Yards hearings where we spoke in terms of the greedy little boy who can get no cookies out of the cookie jar because he wants to get too many. Video of our testimony is available at: Friday, July 31, 2009,
Sparse turnout on Day 2 of hearing on “Ghost Project Plan”; Jeffries, Kruger testify; open mike night for BUILD, unions.
We have frequently utilized this metaphor before and will have more on it later with a fuller account of our testimony. Meanwhile, please refer also to our testimony from the previous day which, though we were cut off at the end, is available in full and with links in our prior post of that day’s hearing. (See: Wednesday, July 29, 2009, First Day of ESDC Hearings on New Sight-Unseen Version of Atlantic Yards: Some Noticing New York’s Testimony and Questions Asked.)

Please note that we have been substantially updating that July 29, 2009 post’s account of the first day of the hearing and will be doing so further. So if you if you haven’t yet read the latest additions about Kathy Wylde, the president of the Partnership for New York City, and our conversation with Bertha Lewis about the affordable housing units that ACORN did NOT negotiate for, you may want to read through to the latest additions at the end of that July 29 post to find the updates.

Here is a list (from which we read) of the very sweet “cookies” Mr. Ratner has been trying to get out of the public cookie jar when we delivered our testimony. As you can see from the video posted in the Atlantic Yards Report account, with only three minutes to testify we were only able to get to number 11 on the list.- The list goes to 24 but can easily be added to (contribute more in the comments section if you wish).
1. The right to 22 acres without a competitive bid.

2. An exclusive monopoly by a single developer over the ownership and development of more than 30 contiguous acres of central Brooklyn.

3. Eminent domain abuse and windfall profit from that abuse.

4. Extreme unprecedented density.

5. A lower capacity railyard for the MTA and Long Island Rail Road that will not allow for needed flexibility or provide future expansion and growth.

6. Seizure of public streets, sidewalks and avenues.

7. Sidestepping proper process and ULURP.

8. Override of local zoning.

9. Bait-and-switch promotion with value engineering to save the developer money without benefitting the public.

10. Outrageously bad design and superblocking.

11. No real commitment to provide affordable housing. As we discussed with Betha Lewis of ACORN the first day of the ESDC hearings at which we were giving our testimony, anyone who earns an annual income from $38,407 to $46,086 (HUD family of four standard) is not going to be provided with affordable housing. Coming into the hearing we asked some of the demonstrators demonstrating in favor of the project whether they had incomes in that range. They said their incomes were lower, in which case ACORN did not negotiate to have any affordable units included in the project for them because the lower income units would be provided by the federal tax code in any event. Then skipping over the units ($38,407 to $46,086) that are not being provided, one finds that one is dealing with units that are renting for $3,000 a month, $2,300 a month, $1,500 a month: Units that the market would be providing anyway. In other words, ACORN basically negotiated that Forest City Ratner would provide absolutely nothing in terms of affordable housing.

(Above chart shows the minor portion of units in Atlantic Yards referred to as "affordable." Click to enlarge.)

12. A special exemption from the Section 421-a Real Property tax law so that the developer can escape paying real estate taxes without providing to the public the same level of affordable housing that other developers would have to provide to get benefits under that law.

13. $2-$3 Billion in no-bid taxpayer subsidies.

14. A special tax loophole to finance private arena which loophole was unconscionably shilled for in Washington by the city and state officials.

15. Preferential treatment for a developer despite risk to the public associated with the developer’s extreme financial weakness.

16. Sight-unseen approval of the project by the ESDC board without first letting the public know what the project will be.

17. The developer has been allowed to have a five year period go by during which it has not had to produce a design for an arena it actually intends to build. And all that time the project is allowed to continue despite there being no approval in place for an arena actually intended to be built. This entire five year period has gone by without the public agencies actually having any concrete or written deal with the developer.

18. City manipulation of real property tax assessments creating the risk and substantial likelihood that tax ex-exempt bonds issued to fund the arena could be declared taxable.

19. Three decades for the developer to complete the project (while creating blight and parking lots in the meantime).

20. Proceeding without a real, true and accurate cost benefit analysis or even a reasonable pretense of one.

21. Proceeding only with a portion of the project which the city Independent Budget Office projects will be a net loss for the city when the are no plans with respect to proceeding with the rest of the project.

22. Destruction of historic and worthwhile buildings in order to twist the public’s arm for support for “something” to be built and in order for the developer to amass extra windfalls of density.

23. Garishly oppressive design in the middle of brownstone neighborhoods as epitomized by giving the developer permission to have a fifteen-story illuminated and animated billboard towering over neighboring streets and buildings.

24. Giving the developer the right to privately collect all the proceeds from the right to name public places: The developer will receive $20 million a year for 20 years ($400 million in all) for the right to name what is supposedly a publicly owned arena after Britain’s Barclays bank. In addition, piling it on, the news recently came out that the developer will now also be given another asset that ought to be similarly valued, the right to name two city subway stations (and to have the NYC subway map redesigned) to feature name of that British bank in the station names, yet the developer will only have to pay 1% to the public/MTA of the annual $20 million amount it is getting from the bank for naming rights.

The fable about the little boy and the cookie jar is premised on the idea that it would be acceptable if the little boy got one or two cookies out of the cookie jar and that it is really only the inordinate quantity that the greedy little boy wants to get that is the problem. In our retelling of this story as a fable about Ratner’s outsized greed it should be noted that it would be inappropriate for Ratner to get even one of the above listed “sweet deals” out of the public cookie jar. Not even one of them taken singly is fair to the public or the kind of thing that ought to be allowed. Even so, our politicians do not protect us adequately and are often apt to let all sorts of favoritism pass. We have too often seen that kind of indefensible tolerance of things adverse to the public interest before.

If Ratner had pursued only a few of his outrageous requests he would probably have a project unstoppably in hand by now and likely underway a while ago. Instead, he has thwarted himself and this is as it ought to be. This mega-project should be allowed to die and it should be remembered that it died because of Ratner’s outsized little-boy greed.

(This post was updated as of August 31, 2009.)

Wednesday, July 29, 2009

First Day of ESDC Hearings on New Sight-Unseen Version of Atlantic Yards: Some Noticing New York’s Testimony and Questions Asked

(Press conference and rally protesting Atlantic Yards outside ESDC hearing. Obviously many elected officials, candidates and campaign signs in evidence.)

We were at the first day of the Empire State Development Corporation hearings today on the new version of Atlantic Yards which is proposed to be approved sight-unseen by the public and the ESDC board. We testified and took the opportunity to ask questions of those who were there. There were also press conferences that went on, the most important being the really big one protesting the project before the hearing which was well attended by elected officials and candidates.

In this post we will first provide you with our testimony and then we will tell you the about some of the questions we asked of other attendees. Answered or not, we got some interesting insights.

Noticing New York’s Testimony

Here is our Noticing New York testimony which we read almost entirely to the end of before our three minutes for oral testimony concluded. We handed in a written copy with attachments. It is probably best read on the web though to take advantage of the hyperlinks.

* * * * *

July 29, 2009

Empire State Development Corporation
Attention: Steve Matlin, Senior Counsel
633 Third Avenue, 37th Floor
New York, NY 10017

Re: Public Comment for Atlantic Yards MGPP- Today’s Public Hearing

Dear ESDC:

This comment is being offered in the name of Noticing New York, an independent entity dedicated to the proposition that developing New York and appreciating New York go hand in hand.

I offer this testimony as an attorney experienced in real estate, as an urban planner and as former senior government official who worked for more than a quarter of a century in the areas of public finance and development for the state finance authorities.
1. There is good development and there is bad development.

2. Good development begets and whets the appetite for more development. Bad development creates enemies and stagnation. Good development moves relatively fast, providing jobs in the here and now rather than in the hereafter (after many of those now looking for jobs will have moved on to other things). For instance, if the alternative UNITY plan had been adopted there would be a lot of people working right now and a lot of people housed and about to be housed.

3. Good development finds a quicker more ready acceptance by the community, works with its values and doesn’t needlessly destroy its landmarks and worthwhile buildings.

4. Good development doesn’t go out of its way to embrace monopolistic ownership and control of huge swaths of the city by a single developer abusing eminent domain.

5. Good development doesn’t clog the natural forces of the economy and displace better competing alternatives.

6. Atlantic Yards is NOT good development.

7. The Atlantic Yards plan and design (such as we have actually been allowed to know what it may now be) proclaims by its obvious inappropriateness that it is a sponge for subsidy and benefit for a single developer at the expense of the public: its overbearing density through zoning overrides, the seizure of public streets, sidewalks and avenues, the suspiciously irregular footprint taking extra land through eminent domain abuse.

8. Consider all the following that bespeak the “impermissible favoritism” of a blank check for a developer-initiated, developer-driven sight-unseen project

a. No identification at this time of the supposed benefit of the megadevelopment. Benefit will be determined on an “as-you-go” basis: The project will start with the arena which the city’s Independent Budget Office has determined to be a net loss for the public.

b. Approval of (and these public hearings for) a sight-unseen project where nothing is yet designed (after half a decade!), not even the arena, and where an architect has not even been selected for the rest of what is being approved. The only promise is that it will all be “value-engineered,” i.e. built cheaply so as to cost the developer as little as possible.

c. Refusal to identify the total amount of subsidy that the megadevelopment will be given. Since ESDC is withholding or says it doesn’t know the amount, we offer our own calculations that total public subsidy being diverted into the project will surely exceed $2 billion and may well approach $3 billion.

d. No credible enforcement of or holding the developer to specific terms. ESDC has fashioned contract remedies that don’t kick in for 25 years and this hearing is held specifically because ESDC has just recently rewritten the deal, tilting it hundreds of millions of extra dollars more in the developer’s favor without any quid pro quo.

e. A no-bid award of a megadevelopment to a single developer on what is essentially a long-term, low-cost option basis. The breaking up of the project into optional (and assignable) segments undermines the specious pretexts that have been given for favoring the blank check to this developer over the Battery Park City model of bidding out to multiple developers.
9. In the end, the lopsided unparametered monopoly that has been “negotiated” by ESDC (“negotiated” is hardly a credible verb in this context) affords the government no leverage to insist that Forest City Ratner provide any level of public benefit in exchange for all the public giveaways by virtue of the blank check it has been allowed to write for itself.

Sincerely,


Michael D. D. White

ATTACHMENTS

(A few Noticing New York articles on Atlantic Yards that also link to others.)

1. Tuesday, November 11, 2008, JANE JACOBS ATLANTIC YARDS REPORT CARD

2. Sunday, June 28, 2009, Naming a Problem: The MTA Gives Ratner the Right to Name Brooklyn Subway Stations “Barclays”

3. Thursday, July 23, 2009, The Hit and Miss of Last Night’s Public “Information” Meeting on Atlantic Yards

4. Monday, June 1, 2009, Negotiating With Your Contractor: The Atlantic Yards As Kitchen Renovation Metaphor


(Civil rights Attorney Norman Siegel at press conference explaining the absence of procedural due process protection against eminent domain abuse: You don't get a day in court to defend your property. Mr. Siegel, involved in opposing Atlantic Yards from the beginning, brought no campaign signs, suggesting that gathering in opposition ought to be nonpartisan. )

Attendance by Political Office Holders and Candidates

The hearing and the press conference and rally preceding it was well attended by political officer holders and candidates, including two candidates for mayor, Tony Avella and Billy T. (Billy Talen, better known as the Reverend Billy), the vast majority most of whom were speaking in opposition. The hearings are being held over two days but we didn’t see the other Billy T. candidate for mayor, Comptroller Bill Thompson, who has at least made some noise about changing the way City Hall puts the interest of connected real estate developers above the public. We’ll see how Thompson handles the opportunity of these hearings, including whether he shows up at the hearings tomorrow, which are likely to be less well attended.

Two others we will looking for tomorrow will be Bill deBlasio, City Councilman for the 39th, and a candidate for Public Advocate like long time opponent Norman Seigel who was there (see image above), and Steve Levin Vito Lopez’s chief of staff and a candidate in the 33rd Council District race to replace David Yassky. (Yassky recently spoke before the MTA opposing the same project revisions that the hearing was about.)

Bill de Blasio was in the news this week winning a fight to stay on the ballot despite a typo in the fillig of his petitions. We were looking for de Blasio, who called for "a moratorium on demolition until there is a written plan" that "confirms what will be built when and confirms affordability" and that he "can't support" an arena-only plan (before the project actually deteriorated to the extent that it now has) because it seems that we are going to have to count on the new public advocate as a critical line of defense against boondoggle mega-projects like Atlantic Yards. We are looking for candidates that will have their heart in the job.

We were looking for Steve Levin, first because he could be clearer about his position on Atlantic Yards and other development issues, though he expressed the following about his Atlantic Yards position (again, before the project actually deteriorated to the extent that it now has):
I have many serious concerns about the Ratner plan as it is currently proposed. I especially have concerns regarding the proposed density of the development and the resulting strain that this density will put on the area's infrastructure, e.g. traffic, public transportation, and public school capacity. In addition, I am against the use of eminent domain unless in the case of overriding public benefit resulting from that use*.
Second, when we ran into Mr. Levin Friday morning at Teresa’s on Montague Street (a favored location for “power breakfasts”) we asked him about his attending the hearing and he wasn’t clear that he would make it: He spoke about the number of doors he is needing to knock on these days. This notwithstanding, Mr. Levin spoke critically about the way the project had degenerated since his above statement, together with the new $100+ million package of giveaways with which the MTA recently sweetened the developer’s deal. (We are supposed to be following up with Mr. Levin to interview him more thoroughly on his positions, something he mentioned Friday morning that we might convert to an e-mail chore.) It looked as if nearly all of Mr. Levin's opposing candidates in the race for the 33rd were there for the press conference. We'll see if Mr. Levin shows up tomorrow.

Whapped Up Side of the Head: BAM!

One of the early testifiers in favor of the project was the heavily-hissed Alan H. Fishman, Chairman of the Brooklyn Academy of Music. The reasons he said that BAM was supporting the megadevelopment sounded to our urban planner’s ears rather like an urban planning analysis of why Atlantic Yards might constitute a constructive overhaul of the Fort Greene and Prospect Heights neighborhoods in which Atlantic Yards is to be plopped. Frankly it didn’t sound like a good analysis to us and it reminded us of how the Brooklyn Museum went off track and betrayed the Brooklyn Community by “honoring” Bruce Ratner while he was trying to sell the city and sate on the idea of giving him more subsidies. It also seemed a dicey PR move for BAM to be taking a position that is likely to sincerely bother many of its informed and educated patrons. Isn’t this the kind of thing that people cancel subscriptions over?

We caught up with Mr. Fishman just outside of the door noting that it was the second time we had heard BAM giving public comment in support of the megadevelopment. Mr. Fishman said that it was the first time we had heard him deliver these comments (it was somebody else before). We noted what had been yelled out in the room as Mr. Fishman departed the lectern, that developer Bruce Ratner was on the board of BAM. Yes, said Mr. Fishman, Bruce even used to be chairman of the board some time ago.

We then asked Mr. Fishman how his attendance to present BAM’s position in favor of the project had been handled, who he had consulted with beforehand. It turned out that Mr. Fishman had discussions with Bruce Ratner about the development issues he had talked about in his testimony on behalf of BAM but that he had not discussed the position that BAM would be taking about redevelopment of the BAM neighborhoods with the BAM board. Mr. Fishman pointed out that he was also the Chairman of the Downtown Brooklyn Partnership and chairman of the Brooklyn Navy Yard (Directors of the Yard are appointed by Mayor Bloomberg) and he said “also chairman of a lot of other things in Downtown Brooklyn.” In his testimony Mr. Fishman had mentioned his position as chairman of the Downtown Brooklyn Partnership but said specifically that he was speaking to represent BAM in his remarks and to discuss BAM’s “relationship” with the project. In his remarks he said that BAM was calling upon all parties to endorse “this highly promising development plan.”

So the taking of this position by BAM was handled at the executive level without board authorization we asked? Yes, Mr. Fishman told us.

Mr. Fishman turned things around by asking us a question. He wanted to know, “setting process aside” whether we thought that the megadevelopment was a bad a project “from a community point of view, from a neighborhood point of view from an urban planning point of view”

It is an interesting impulse to want to set process aside, we told Mr. Fishman, precisely because it is the setting aside of process that has given Atlantic Yards its shape.- We hadn’t yet testified but this was one of the things we had already written into the testimony we had prepared.- Because Atlantic Yards is a developer-initiated, developer-driven project its whole design reflects the fact that it is designed and tailored to soak up subsidy and benefit for the developer by diverting public resources. Mr. Fishman suggested that was a separate issue. We said that to us the project clearly looks like something designed to benefit a developer and not the public. Mr. Fishman said that might be true. In other words, we told Mr. Fishman that the project is not only a very bad project but how bad it is cannot be separated from the way in which process was set aside. (One lesson that Atlantic Yards certainly raises starkly is that when one sets process and procedure aside, you had better get a good result rather than striking out on both counts. Obviously, Atlantic Yards is especially problematic because of its simultaneous failure.) Mr. Fishman said he disagreed with us that the project was a bad project.

We suggested to Mr. Fishman that in his BAM capacity he needed to be speaking from the standpoint of a 501(c)(3) community betterment point of view and that he should be expressing what wold be good for the community from the community’s standpoint and not from the developer’s standpoint.

We asked Mr. Fishman what kind of thinking was there on the part of the BAM board about the Atlantic Yards project. We asked whether there was disagreement or division and whether everyone was in agreement with him. He said he had “no idea.” We asked him if he thought it would have been appropriate to find out the thinking of the board before coming out to make his statement. We pointed out that a lot of people viewed the project as destructive to the community and to Brooklyn. When I asked Mr. Fishman if he would still have delivered his statement if most of the BAM board was opposed to the project. Mr. Fishman responded, “I’m done. We’re not talking anymore.”

A Few More Politicians

We were out of the main hall talking with Mr. Fishman when Borough President Marty Markowitz, who never met an Atlantic Yards developer-request or public-shortchanging he didn’t endorse, spoke to predictably mixed reactions. His spiel was standard Marty AY stuff: “Since the very first Atlantic Yards conversation took place my opinion has not changed. I still believe that this is a project that will benefit . . . etc.” Markowitz has not faltered no matter how much the project has changed and no matter how much more in giveaways have been piled on. No matter. Nothing has ever caused Mr. Markowitz to have even the slightest criticism of the project from whose developer he takes substantial money. The only possible slacking we might note is that Markowtiz did not send out a laudatory Atlantic Yards press release yesterday although Markowitz did send out a laudatory press release yesterday when the City Council voted to approve an incompetent or insincere rezoning plan that will terminate Coney Island’s history as an amusement area.

Besides Markowitz, Assemblyman Alan Maisel was the first (and only?) elected official to give testimony in favor of the project at the hearing. Maisel represents the 59th Assembly District in lower Brooklyn where Jamaica Bay almost becomes Queens. His district, bordering the Rockaways, contains New York’s first airfield, Floyd Bennett Field, Marine Park, Mill Basin, Mill Island, Paedergat Basin, Bergen Beach and Georgetown. It surprises us that any politician these days give such testimony. The project was bad and highly controversial before and now it is so much worse. We spoke to Mr. Maisel after his remarks to ask him if he could identify a project that he would consider a boondoggle. At this point we were interrupted by a project opponent telling Mr. Maisel that he was "fraud." Mr. Maisel responded by telling the opponent “You’re a fraud too” and then for some reason “And you know me very well.”

We returned to our question for the Assemblyman: “Just as a reference point, can you identify any single project, a single project that you would consider a boondoggle.” Mr. Maisel responded that he didn’t really want to talk to us. “One project, one project,” we said, “if this isn’t a boondoggle what is a boondoggle?” At this point Mr. Maisel asked that we reidentify ourselves. We did and when then Mr. Maisel said “I don’t really care.”

We left off, saying to Mr. Maisel, “So you are a public official and you can’t identify any boondoggles, any misspending of public money?” The assemblyman excused himself to exit the hall and then several minutes later quietly came back in the other door to sit at the back. We wonder, do Mr. Maisel’s constituents know how many billions in taxpayers dollars are being spent on a no-bid basis to enrich developer Bruce Ratner?

The Boondoggle Question Repeated

We were sitting with one of our former colleagues from the state finance agencies (who also testified against the project) when she pointed out that Kathy Wylde, the president of the Partnership for New York City, was present sitting near the front. Open-mindedly our colleague entertained the idea that Kathy might be testifying against the project as we both were. Everyone at my former agencies tended to be pretty aware of Kathy and we certainly all knew she was far and away bright enough to know what’s what and have good judgment. We explained to our colleague that Kathy had already testified in favor of the project at two other hearings we had attended. We mentioned the piece Norman Oder had written about Kathy’s testimony before the MTA Finance Committee and mine following, that dealt with the way the Partnership’s support for the project was “evolving” to support the project even as it degenerated. (See: Tuesday, June 30, 2009, The Partnership for New York City's evolving (and misleading) support for Atlantic Yards.) Mr. Oder's piece has video of the testimony we both gave. We also mentioned that Ms Wylde was in favor of eminent domain (“eminent domain abuse” we corrected ourselves- We all are in favor of eminent domain.) and the article we had written about this: Monday, July 6, 2009, Wylde Ideas, Making For a Wrong Partnership. We commented that we didn’t think that support for these bad ideas had been Rockefeller’s aspiration when the Partnership was set up.

Ms. Wylde got up heading to the back of the room and so did we so we could talk to her. Something was up. It turned out to be a press conference by the project supporters driven inside by the rain. Before the press conference Ms. Wylde needed to confer privately with Senator Marty Golden.

We asked Ms. Wylde whether she was there to testify or would be submitting something in writing. She said she wold be testifying personally. That did not come to pass. Later on we were there when Ms. Wylde’s name was called by the hearing officer but Ms. Wylde had departed.

Ms. Wylde had apparently read our last article about her testimony following up on Norman Oder’s about it. She said that she didn’t remember our working on the very much lower density project on the other side of Atlantic Avenue across from the Atlantic Yards site. It is true that we worked mostly in a supervisory capacity without calling attention to ourselves. (We had also worked on the site long before while at the NYC Housing Development Corporation.- A lot of people worked on the site over a lot of years.)

We asked Ms. Wylde about information that had not been made available by Forest City Ratner or ESDC at the informational meeting that previous week: “Do you know how much subsidy is going into the project?” She seemed to regard us askance. “I know as much about the project as you do,” she said. “No, seriously,” we said, “Do you know how much public subsidy is going into the project?” Ms. Wylde repeated herself, “I know as much about the project as you do."

We, in fact, knew that we would be addressing the amount of subsidy going into the project in our testimony. While it involves calculation of a somewhat shifting amount, because we had spent some time focusing on the numbers, we knew that it would be a minimum of between $2 and t$3 billion. We also knew that we had done some calculations how many additional hundreds of millions of dollars the new  most recent MTA giveaways tallied up to and that we had spent some time looking at what a proper value would be for the MTA’s sale of the right to name two of its subway stations and the MTA's giving up of it's ability to autonomously design the New York City subway map without interference from Forest City Ratner. (See: Sunday, June 28, 2009, Naming a Problem: The MTA Gives Ratner the Right to Name Brooklyn Subway Stations “Barclays”)

There were various people standing around as the press conference assembled. We got to meet and talk with Eric A.Ulrich, who is actually is the youngest serving Member of the City Council and is running for re-election as a Republican in his Queens 32nd Council District. Mr. Ulrich’s Queens City Council District is pretty much right next to Alan Maisel’s Brooklyn Assembly District, again being on Jamaica Bay and including such neighborhoods as Howard Beach (He has an “active membership in the Knights of Columbus, Kiwanis Club of Howard Beach.”)

We asked Mr. Ulrich the same question we’d asked Assemblyman Alan Maisel: What did he think was the biggest boondoggle project in the city. He looked quizzical and asked about why were asking the question. We explained that it seemed to be an essential question to ask politicians because wasn’t it the job of politicians to recognize the misspending of public money? That seemed to make sense to him so we asked again. He thought for a moment, smiled and said “Certainly not this one.” “So you have a candidate for a project that is a bigger boondoggle?” we asked. “As a point of reference, what is it and what makes it a bigger boondoggle?” Mr. Ulrich didn’t have a project to name.

We asked Mr. Ulrich whether he knew how much subsidy was going into the Atlantic Yards project. Kathy Wylde was standing right beside us in the crowded room and uncomfortable with our asking the question we had just asked her, wincing a little. Though we asked more than once Mr. Ulrich had no answer and apparently did not know how much public money was being plowed into Atlantic Yards. Earlier we wondered whether Mr. Maisel’s constituents know how many billions in taxpayers dollars are being spent on a no-bid basis to enrich developer Bruce Ratner so to be fair we must also wonder whether Mr. Ulrich’s constituents happen to know this.

While we are in the process of such wondering, we should wonder about the constituents of Marty Golden. Golden’s Senate District overlaps a bit with Mr. Maisel’s, also including Marine Park on Jamaica Bay but it sweeps more east over to Bay Ridge, Dyker Heights and Bensonhurst.

Mostly we didn’t see elected representatives from around the project assembling for this press conference except for Delia Hunley-Adossa, the challenger to quintessential Atlantic Yards opponent council member Tish James from the 38th Council District. Delia Hunley-Adossa’s campaign is apparently funded by Forest City Ratner by way of not for profits set up to support Ratner. (See: Friday, March 27, 2009, Behind Hunley-Adossa's campaign, treasurer Nimmons heads another dubious nonprofit, with Ratner funding.) By contrast, at the rally and press conference in opposition to the megadevelopment the candidates and politicians from the area around the project, the 33rd, 39th and 38th Council Districts were copiously present.

Later on that afternoon we were able to ask Ms. Hunley-Adossa if she knew how much public subsidy was supposed to be spent on Atlantis Yards. We could evoke no response from her whatsoever nor from any of the people who were making themselves available for photo ops at the time. She was, however, very good at smiling for pictures at the same time she did not respond to the repeated asking of the question.

We did see John Heyer, candidate for the 39th Council District (de Blasio’s seat), floating around the room with the rest of the people who had come in out of the rain. Mr. Heyer previously described his qualms about the project to us in great detail. His qualms included objections to the public taxpayer funding of the arena, the project’s density and poor design, and the way in which the MTA was mismanaged and not serving the public in getting less than full value of the railyards from Ratner. This was before the project degenerated and the MTA piled on hundreds of millions more in Ratner giveaways. A week prior to this we chatted with Mr. Heyer at the informational meeting on Atlantic Yards where he expressed disgust at these new additional MTA giveaways.

Mr. Heyer has more than one capacity in which he attends events these days: He is not just a candidate. He is also an assistant to Brooklyn Borough President Marty Markowitz.

We didn’t find out exactly what Mr. Heyer might be doing next in the room. At that point, before the press conference began, we had to go back into the hearing room. We were told that our name had just been called for us to give testimony.

Chatting With Bertha Lewis About the Affordable Housing Which the Ratner/ACORN Agreement Doesn’t Provide

During the break between the two hearing sessions we had a chance to meet Bertha Lewis for the very first time and that meant we got to put a question to her we had been dying to ask.

We asked Ms. Lewis why the MOU (Memorandum of Understanding) that was then incorporated into the CAB (Community Benefits Agreement) she had agreed to with Forest City Ratner said that families who had a specified band of household incomes right in the middle would not be getting affordable housing. We had also asked this question at the previous week’s informational meeting where Forest City Ratner sidestepped providing an answer. (See: Thursday, July 23, 2009, The Hit and Miss of Last Night’s Public “Information” Meeting on Atlantic Yards.)

Ms. Lewis seemed surprised that she was being asked this question (though it seems extremely obvious why it should be asked) and she indicated that she somehow didn’t understand the question that was being asked. We can be extremely patient and explained it to her. You have an agreement with Forest City Ratner, an MOU incorporated into the CBA. (She understood this.) It provides and specifies what affordable housing will be provided. (Ms. Lewis understood this too.) And it does so by setting forth in stratified bands, the various incomes of the families to whom that affordable housing will be provided. (Yes to this too.) And right in the middle there is a specified band of incomes of people, families who will not be having any of that the affordable housing provided to them. (Right now that band is families with incomes from $38,407.00 or 50% of AMI to $46,087 or 60% of AMI.) Ms. Lewis acknowledged understanding this AMI stuff.

The missing (not provided for) band is right above the incomes for which the tax code would require that units be provided. We said this to Ms. Lewis.

(What we did not say to Ms. Lewis involves background the reader will want to take into account in assessing the rest of Ms. Lewis’s response. Right above the missing band are units that are close to at a level at which the market might provide units. Rents for those units would be $2,880, $2,304 or $1,536 per month and the units could be exceptionally small in size- See our previous post.)

Our exchange with Ms. Lewis then proceeded as follows:
BL: I think you are just wrong- Here’s the deal. I don’t know how many affordable housing units that you’ve built, I don’t know if you’ve had to do affordable housing but that’s what we do.* And here’s what we did: Everybody whether from low to moderate to middle, everybody across the board shares in this. So I don’t know what your point is, I really don’t.

(* Our MDDW resume actually tallies this experience in dollar, not unit count terms “Facilitated and participated in the issuance of over $36 billion dollars in bonds and over $390 million in State appropriated subsidy between 1993 and the end of 2006.” Though not all of that is affordable housing, the housing probably constitutes many multiples of what Ms. Lewis is conceiving of. In addition, we did many additional units from 1981 to 1993.)
NNY: “So there isn’t a missing. .”

BL: “I prevented a project from being totally luxury. So let me ask you, since you are looking at New York, I want you to tell me every other project that’s being built down here- you tell me about their bands, and then we can talk. OK?

NNY: . . “You negotiated units that were required by the tax code. . .”

BL: What did you negotiate? Don’t tell me what’s required by the tax code. I build. I am a developer.”

NNY: “I believe that if you look at the missing band of units, because I used to negotiate. . ”

BL: “Don’t tell me about a missing band of units. Here’s what I want you to do, how many missing bands are in Oro?* Do you know? Do you care? No!”
(* A 303 unit condominium at Gold and Johnson Streets, about three blocks away from where we were standing. The condominium units in Atlantic Yards are similarly not negotiated by ACORN to be affordable. It is very difficult to finance condominiums with the tax exempt bonds Ratner wants, which is why condominiums are usually market rate unless other subsidies are involved.)
NNY: “So are you denying that there is a strata that is not provided for?”

BL: No, I’m not. I’m providing for everyone, low, middle, and moderate.
Ms. Lewis did not convincingly acknowledge or refute that she knew that there was a missing band not provided for in her agreement with the developer. Instead, she first told us first that we did not know what we were talking about and she then accused us of having a point that we wanted to make and said that we did not care if we lied or obstructed or what we did.

But the deal that Ms. Lewis and ACORN negotiated is the deal they negotiated. (For more on what Ms. Lewis and ACORN negotiated see our previous post and the links therein.)

(Above chart shows the minor portion of units in Atlantic Yards referred to as "affordable." Click to enlarge.)

We would have continued our conversation with Ms. Lewis further and she seemed energized enough to want to do so, except handlers (looking out for her welfare?) stepped in, interposing their bodies and telling us that the conversation was not to continue. One of them even suggested that we were harassing Ms. Lewis.

An Emissary Lauding Ratner From the MetroTech BID (Business Improvement District)

Late in the evening a young man showed up to testify in favor of the project who might not have been there except for his connection to the Metrotech BID. . .

More coming. . .

(This article is being posted and updated in segments as written.- More to follow here.)