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Minggu, 28 April 2013

Times: ESDC hiring significantly based on ties to Cuomo (what else is new)

The Empire State Development Corporation is the purportedly independent agency--or, to be technical, authority or entity--overseeing Atlantic Yards. It's well-known that the ESDC is under the control of the governor, which is why opponents and critics of Atlantic Yards have called for a less dependent entity--along the lines of the Battery Park City Authority--to oversee Atlantic Yards and allow for public input.

A front-page New York Times article, headlined Many Openings at State Agency Go to Those With Ties to Cuomo, raises further qualms about the independence and quality of the agency.

Note that agency hiring based on political ties is hardly novel; notably, the official overseeing Atlantic Yards, Arana Hankin, was appointed by previous Gov. David Paterson in 2010 to a new, unadvertised position.

Or, if we go back a few governors, let's remember that a 2007 consultant's study called for reform of ESDC's parent organization, blaming agency failures on "political patronage," "political convenience," and the "practice of favoring political over economic criteria."

So should we really have expected Gov. Andrew Cuomo to act differently?

The Times's investigation

Today's article begins:
ALBANY — New York State’s economic development agency created a new position last June, and then found a candidate to fill it: a young man named Willard Younger, who had just graduated from Colgate University with a degree in classics and religion. He became a special projects associate, at a salary of $45,000 a year, according to state personnel records.
His father, Stephen P. Younger, is a lawyer and power broker in legal circles who was a member of one of Gov. Andrew M. Cuomo’s transition teams. He has also donated $26,000 to Mr. Cuomo’s campaigns over the years, disclosure records show.
The next month, the agency hired 23-year-old Andrew Moelis, a University of Pennsylvania graduate, for another new position, strategic planning associate, at a salary of $75,000 a year.
Shortly before Mr. Moelis’s first day of work, his father, Ron Moelis, a prominent real estate developer, gave $25,000 to Mr. Cuomo’s re-election campaign, according to the records.
Since taking office in 2011, Mr. Cuomo has repeatedly pledged to bring a new approach to Albany, where politicians of both major parties have long rewarded supporters with jobs that are not open to the general public.
But an investigation by The New York Times into hiring by the agency, the Empire State Development Corporation, shows how Mr. Cuomo’s administration has engaged in some of the same patronage practices that have often prevailed here.
... While some of the new employees at Empire State had experience in economic development, others did not. Some of the jobs were not open to competition, and were filled with little input from the agency itself.
Empire State has also hired friends of Mr. Cuomo who may help form his political brain trust should he decide to run for president in 2016.
James P. Rubin, a former State Department spokesman, was hired at the agency in 2011 as counselor on competitiveness and international affairs, with a salary of $150,000 a year. Mr. Rubin’s appointment was seen by political consultants as a move by Mr. Cuomo to add a foreign policy hand to his stable.
Empire State hired 49 people in the first 20 months of the Cuomo administration, according to personnel records obtained by The Times. Nearly a third were the governor’s political associates, donors and friends, or their relatives, the records and interviews show.
At least seven of the new hires with connections were placed in newly created positions.
As the Times explains, ESDC has only 300 employees, but can be used for patronage because it's outside the executive branch. Kenneth Adams, who heads the agency, wouldn't comment.

It's well-known that hiring in state government has to go through Cuomo's office. That's likely why it took so long for the ESDC to hire Derek Lynch last September as Government and Community Affairs Manager, filling the position long left open by the June 2011 departure of Forrest Taylor, once billed as an ombudsman.

There's no evidence that Lynch was a political hire along the lines of those named in the article, but the push for political hires likely slowed the effort to fill that position.

Some comments from the Times web site
DJS New York
The fact that Empire State's job openings were "advertised" hardly disproves the allegations of patronage.My cousin ,who works for New York State, has told me that jobs are routinely posted after they have already been filled by "insiders" in order to protect against just such allegations.
What are the statistical odds, ,that nearly ONE-THIRD of 49 new hires, purely by CHANCE,happened to be"political associates, donors, friends, or relatives" ?!!

att A Manhattan
Should we all be aghast that a politician makes political appointments to friends and cronies? Perhaps the Times can find a single example of a politician who does not. That would be a newsworthy story! There is only one way to have fewer political appointees and that is to have less government. Don't hold your breath in New York State.

Eman
Waldwick, NJ
Not remotely close to being a scandal. And actually, not even any story hear. Headline says "many openings" then identifies 16 or fewer positions out of 49 new hires over a two year period. I would have expected much higher numbers if NY was to be consistent with the way government operates in the rest of the US, from the smallest towns all the way through the Federal government.

And an Ivy league graduate was being paid $45,000. So? Where's the story? Another Ivy league graduate, with financial experience in the private sector, was paid $75,000. A scandal!!!, Really? From what I've seen, the Governor is able to attract many top notch people to State Government - people who did, and could be again, earning many times more working in the private sector. According to an article in the paper last year, Governor Cuomo only put in about 5 people at the Port Authority, while his NJ counterpart, Mr. Chris Christie, put in about 50 people there. But Mr. Christie's popularity is at 78% or so, and Mr. Cuomo is being vilified. The Times should report that, given the dismal state of affairs in government in this country, NY is very fortunate to have Mr. Cuomo as its Governor.


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Senin, 01 April 2013

ESD Chief of Staff departs; who now has Atlantic Yards portfolio? (Cuomo admin's "restricted flow of info" means we don't know)

Who's really overseeing Atlantic Yards?

In November 2011, I wrote that Justin Ginsburgh, the new Chief of Staff at Empire State Development (ESD) had Atlantic Yards in his portfolio. He left this past February (according to his LinkedIn profile) to work as General Manager of New York City Bicycle Share, which will implement the city's bike share program.

So, who replaced Ginsburgh in the office hierarchy? The project previously was in the portfolio of Executive Director Peter Davidson, to whom Arana Hankin, Director, Atlantic Yards Project, reported, before Davidson departed. Chief of Staff was a newly created position.

I posed the question to Empire State Development, but didn't get an answer. Is that just resistance to my queries from a state agency grown weary of them?

Maybe, but it's more likely that state agencies under the Cuomo administration just have a short leash when facing press questions.

What it says about the Cuomo administration

As the Albany Times-Union reported 3/13/13:
Press releases must be reviewed before they are issued, and in some cases agency spokespeople cannot return or acknowledge inquiries without approval. The result, these sources say, has been a more restricted flow of information about state operations.
The Poughkeepsie Journal published an editorial last week headlined Albany and daylight: Still worlds apart:
The state Senate passed its version of the budget at about 4:30 Wednesday morning. The state Assembly followed suit by approving the $135 billion financial blueprint just before midnight the next day.
Negotiations, once again, were done behind the scenes, with only top state leaders involved. Joint conference committees — required by law to negotiate these ever-important spending decisions in public — were pretty much shunned.
...The governor defended the frenzied negotiating schedule, pointing to the various holiday observances that take place during this time of year.
Again, is he kidding us? These are fixed dates on the calendar. They should come as no shock to anyone remotely interested in doing long-term, reasonable planning. The governor offered his budget in late January, and the Legislature had two months to work out the details, to hold hearings, to elicit expert testimony, and to hash it all out out in public and in broad daylight.


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Selasa, 19 Maret 2013

Better late than never: work that began yesterday at northeast corner of arena block finally announced


After failing to alert people yesterday of additional work at the Atlantic Yards site--the removal of below-grade trailers at the northeast corner of the arena block--Empire State Development late this afternoon issued an after-the-fact Supplemental Report to the two-week Construction Update:
  • Arena Subcontractor trailers currently located on the B4 footprint will be removed this week. 
  • A crane will be stationed on the B4 footprint and lifting trailers up to trucks staged on street level on 6th Ave Bridge. 
  • The truck at street level will be parked pursuant to a lane closure permit, between 9 am and 3 pm, daily. 
  • Depending upon weather, trailers will be removed each day, with expected completion by the end of this week.


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Sabtu, 02 Maret 2013

Welcome to Prospect Heights: trucks for concert tonight start load-in by idling on nearby streets, even sidewalk (across from residences)

A residential building top right
At the hearing this week on Phase 2 of Atlantic Yards, allies of project developer Forest City Ratner urged that any roadblocks--i.e., public process--be removed.

Wary neighborhood residents pointed out how arena construction and operations, while not part of the scope for the Draft Supplementary Environmental Statement, led them to be wary of the performance by Forest City Ratner and the oversight by Empire State Development, which has the inherently contradictory role of promoting economic development while overseeing such projects.

Well, check out the photos and video posted on Atlantic Yards Watch, showing tractor-trailers for the three-night engagement of Swedish House Mafia beginning tonight, idling on Sixth Avenue and Dean Street in Prospect Heights, both next to and on the sidewalk, adjacent to and across the street from residences.


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Jumat, 08 Februari 2013

Quality of Life Committee round-up: better pedestrian management; unresolved problem with black cars; loud daytime railyard work coming on Pacific Street; B2 tower due "about" August 2014

Several issues beyond arena noise and the missing Independent Compliance Monitor were discussed at last night’s bi-monthly meeting of the Atlantic Yards Quality of Life Committee, held at Borough Hall.

While progress was mentioned in several areas, residents remained frustrated over continuing problems with black cars/limos seen illegally parking and idling.

There was no mention, however, of a planned business improvement district (BID) to encompass the Atlantic Yards site.

Pedestrian safety

The Department of Transportation’s Chris Hrones announced “an improvement... in pedestrian enhancement... building out a raised concrete island” on the southern leg of the intersection of Fourth and Atlantic avenues. That should be completed “in the next few months.”

Hrones also said a delayed green sign for northbound traffic on Fourth Avenue would be implemented.

Pedestrian management

Terence Kelly, the Barclays Center Community Affairs Manager, said that the arena has produced handouts that feature a map, directions, and transit information for its guest services representatives.

They’re also working to improve arena signage, in order to direct guests to public transit. No signs should be posted at the Dean Street and Atlantic Avenue exits to “shepherd and effectively direct people inside the arena towards the main entrance.”

The arena has managed a reduction in post-event jaywalking to “create a moving barricade on the south side of Atlantic Avenue” by staging buses to deter people from crossing mid-block. “In addition to barricades on the median, this has been helpful in deterring people from jaywalking,” he said.

Deputy Inspector Michael Ameri of the 78th Precinct said that has deterred accidents as well. In the weeks after the arena opening, he said--revealing information not raised publicly before, as far as I know--there were two pedestrians struck, on Fort Greene Place and Atlantic Avenue.

He said a pedestrian hit by a street sweeper on Flatbush Avenue was not associated with an arena event, and was apparently intoxicated.

B2 update

Forest City executive Jane Marshall described progress of the first tower, the 363-unit B2, which broke ground in December.

She said excavation is ongoing, to be followed by the foundation, which should last about nine months. Also ongoing is “tenant fit-out we are doing inside the factory in the Brooklyn Navy Yard to prepare for manufacture of the mods”--the modules used to construct the building.

“We expect the fabrication will start in May,” she said, and “the first mods will start to arrive in August. Twelve months after that start, the building will be almost finished... August 2014 is when we think the building will be about finished.”

There may be a little drift back in the timetable. At a November 2012 presentation, they said the temporary certificate of occupancy (TCO) should be by July 2014, while  at the December 2012 groundbreaking, they announced a target of “summer 2014.”

Modular deliveries

Marshall said six to eight mods will be delivered each day, between rush hours, and one delivered at night to sit on the site. “They are oversized trucks, we've looked at widest and longest mods,” she said.

The city DOT will issue a permit for each truck, and flagpeople will wave them in from Flatbush Avenue to the gate on Dean Street.

Gib Veconi of the Prospect Heights Neighborhood Development Council asked if ACORN successor Mutual Housing Association of New York (MHANY) would be involved in marketing/administering the affordable housing.

Marshall said yes, that the lottery is overseen by the city, “but the developer has an interface to make it successful.”

The affordable housing application process should begin in early 2014.

Black cars

Kelly said the arena is “in the early stages of a pilot program to direct black car drivers” to an assigned layover area on Atlantic Avenue between Sixth and Carlton avenues.

“It's successfully working,” he said in remarks that surely puzzled some residents who think it’s not working well enough. He said that arena staff “engage each driver, they're given written and verbal instruction to the Atlantic Avenue layover area.” Beyond that, arena staff have contacted 77 car companies via the Taxi and Limousine Commission.

“We know it's an evolving issue,” he said. “We are mindful of some of the hotspots and bad actors/.. but we're regularly observing conditions.” He said the layover area was being used the night a neighborhood survey found many violations.

He said there was a “small amount” of illegal activity observed and “all in all, we're happy with progress of the pilot program. We believe there's work to be done,:

A TLC representative said, since the arena opened, they have seized 71 vehicles, including dollar vans, for illegal operations, and have issued 120 summonses for things like double parking, illegal turns, and picking up in bus stop.

“What is the radius that you consider hot spots?” one resident asked. “I'm on Dean between 4th and 5th and it hasn't subsided.”

The rep cited Flatbush and Atlantic Avenues.

Enough information?

“How many black cars are arriving at arena events?” asked Veconi.

“Not that many,” replied Marshall.

“We don't have that number,” added Forest City Ratner External Affairs VP Ashley Cotton.

Veconi, who wrote about this issue in December for Atlantic Yards Watch, noted that research for the Transportation Demand Management plan said half of a percent of visitors were expected to arrive by black cars. “That may be lower than the experience of the community,” he said, as Cotton shook her head.

Marshall said data was being collected.

Steve Ettlinger, representing several block associations in Park Slope, said, “I'd like to acknowledge Terence and Barclays’ effort” in reaching out to limo drivers, but said the illegal parking problems persist.

Ettlinger said that Barclays months ago agreed to put information on about limo parking on its website, but that hadn’t been done, nor have pledges to use pedestrian managers to help direct limos been fulfilled.

He suggested that Forest City pay for or somehow arrange for traffic enforcement agents to patrol the area, to create a "cell phone lot" to harbor limos at the Navy Yard, and to ensure beefed-up  enforcement.

Cotton thanked him for offering “good ideas.”

“It's easy stuff,” responded Ettlinger, not mollified.

He also said that using 311 to report parking violations by phone was cumbersome and thus wasn't accurate, and that online or text submissions should be possible. He noted that, while Atlantic Yards Watch is useful, it does not offer an official count.

Idling

Is idling a problem, asked Dwight Smith of Community Board 2, and are enforcement actions being taken?

Geraldine Kelpin of the Department of Environmental Protection (DEP) said that staffers found a couple of violations. Given that vehicles have three minutes to comply, often they just shut off engines. She said DEP was talking with Empire State Development to set up some additional dates for monitoring.

Smith also suggested a visit to the Atlantic Avenue layover area for black cars, given that many drivers might be idling.

“I don't have a problem passing an inspector by on nights they have events,” Kelpin said. “Right now I have people pulled in all kinds of directions.”

Changes on Pacific Street for railyard work

Marshall explained that Pacific Street traffic would next week go to one-way westbound as excavation proceeds for the permanent elevation of the new, modernized Vanderbilt Yard. A wall on Pacific Street must be demolished and piles must be drilled.

Work beginning Feb. 18 will take place for eight months, drilling 70 piles, in the area next to the retaining wall.

The work will be loud. “Acoustical blankets [will] go on the hoe ram, but this is not going to be quiet work,” Marshall said, “because, we all know, drilling piles is not quiet.... but it will not be done at night and will not be done on weekends.”

Excavation for the permanent yard starts in January 2014. The full sidewalk will be restored in 2016.

“And the platform and buildings over the yard?” Ettlinger asked.

“They'll come after that,” Marshall said, not providing a date. (Forest City has said it will build first over the surface parking lot.) She said the permanent yard is scheduled to be completed by the second quarter of 2016.

Sanitation

Terry Urban said that, while Forest City has added lights to the north (retail) side of Pacific Street between Fourth and Flatbush avenues, “we have an ongoing problem... it’s still a half residential block, it's a target for people to come across and drink and throw garbage out... we don't see it at night, but we see it in morning.”

She asked if Forest City could clean the south side of the block.

Cotton said there are many complications in such an arrangement but would be happy to discuss it.

Public safety

Ameri repeated that there’s been very little crime attributable to the Barclays Center, despite having some 1 million visitors.

“When it comes to Quality of Life,” he said, “complaints are pretty much minimal.. most of the complaints are traffic and parking related.. but disorderlies, vending, drinking, basically are nonexistent... overall, crime is doing great.”

He got enthusiastic clapping and a big smile from Cotton. He made no mention of scalping and periodic in-arena pot smoking.

Alfred Chiodo, an aide to Council Member Letitia James, asked about Forest City Ratner’s deployment of paid detail--off-duty officers. He said he understood that, while they’re assigned to the interior of the arena, “my understanding is that when crowds are arriving, they're on the plaza and sidewalk.”

“Well, their primary function is inside the arena,” Ameri responded. “ But the plaza is a quasi public-private location. They do have them on plaza at times at the beginning of events and dismissals.”

Street lighting

Wayne Bailey of the Newswalk building said street lighting was low on Dean Street, as a light next to the fire station east of Sixth Avenue has been “out forever.” And lights at the surface parking lot a block east are off when there are no events.

“I thought you didn't want lots of light,” Cotton responded.

“We need normal street lights that are back on,” Bailey said.

Hrones said the DOT would check on street lights.


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Jumat, 25 Januari 2013

Public meeting set for Feb. 27 to hear comments on draft scope for Atlantic Yards SEIS; written comments until March 14

How much worse would a 25-year Atlantic Yards buildout be than the ten-year buildout long promised and the 15-year scenario studied in 2009 when the project was re-approved?

Well, the state will hear comments on the design of a court-ordered Supplemental Environmental Impact Statement (SEIS) next month.

On 12/20/12, Empire State Development (ESD) issued a 20-page Draft Scope for a SEIS nearly six months after the state Court of Appeals rejected an attempt to appeal an appellate court's unanimous affirmation of a lower court's order to study the potential impact of a 25-year Atlantic Yards buildout.

Today, ESD announced:
A public scoping meeting has been scheduled to obtain comments on the draft scope of work for the DSEIS. The meeting will be held on February 27, 2013 from 5:00 P.M. to 8:00 P.M. at St. Francis College, Founders Hall, 182 Remsen Street, Brooklyn, New York. Copies of the draft scope of analysis may be obtained from ESD’s Web site, www.esd.ny.gov/AtlanticYards, or may be requested through the contact information provided below. Comments on the draft scope of work may be presented by members of the public or any interested party at the public scoping meeting or submitted in writing to: Empire State Development (Attn: Atlantic Yards), 633 Third Avenue, 37th floor, New York, NY 10017, atlanticyards@esd.ny.gov. Written comments will be accepted until 5:00 P.M. on March 14, 2013.
Note that this is a preliminary meeting, to discuss the scope of the SEIS, not its content.

After a Draft SEIS is issued, a public hearing will be held to take comments. In August 2006, the hearing on the Draft EIS was epic.

These days, passions around Atlantic Yards have subsided considerably. That said, it's a reasonable bet that the hearing on the Draft SEIS will be more substantive--since people can react to a document, not just a design--than the scoping meeting.


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Kamis, 24 Januari 2013

Latest Atlantic Yards Construction Alert: excavation work at site of B2 tower

On Tuesday, Jan. 22, Empire State Development released the periodic two-week Atlantic Yards Construction Alert, dated 1/21/13 and prepared by developer Forest City Ratner.

The alert notes excavation work, as well as drilling, at the site of the modular tower B2, at Flatbush Avenue and Dean Street.

It also indicates that work has been nearly completed at the Dean Street Playground Comfort Station, built by Forest City as "part of the construction impact mitigation requirements." Utilities are expected to be turned on during these two weeks.

The alert mentions "punch list" work at the comfort station and at the Long Island Rail Road yard, but not "punch list" work at the arena site itself. However, such work is expected to continue at the arena until the end of February, according to the construction monitor who reports to the arena bond trustee.


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Rabu, 12 Desember 2012

Atlantic Yards Watch: as limos/black cars continue to illegally park/idle, a look at Transportation Demand Management plan suggests failure to anticipate problem

Hey, remember that New York Times article six weeks ago on the "new normal," how the Barclays Center had become a magnet for yellow cabs?

I tweeted to the author that the arena had also become a magnet for black cars and limos, idling on residential streets. After all, Atlantic Yards Watch has been full of such incident reports, especially during one-off events like concerts that attract high rollers, and the issue was raised at the Atlantic Yards Quality of Life Committee meeting last week.

83 violations?

Now two posts on AYW advance the story. First, during a 75-minute stretch on the evening of the 12/5/12 Andrea Bocelli concert, AYW identified 83 likely violations, 64 for illegal parking and 19 for idling (note that idling needs to last 3 minutes before sanctions):

The western boundary was 5th Avenue in Park Slope and Fort Greene Place in Fort Greene; the southern boundary was St. Mark's in Park Slope and Dean in Prospect Heights. The eastern boundary in Prospect Heights was Vanderbilt at Dean, and otherwise Carlton Avenue. The eastern boundary in Fort Greene was South Portland. The northern boundary was Hanson Place.
Meanwhile, while a staging area for such limos is now available on Atlantic Avenue east of Sixth Avenue (to Carlton or to Vanderbilt, depending on whom you ask), there have still been steady reports about illegal parking and idling, compounded by "loss of space planned for drop-off of taxi and limosine passengers."

Was the plan flawed?

AYW's Gib Veconi, a prominent critic of the free staging area for limos, writes that Forest City Ratner "had reason to believe the TDM [Transportation Demand Management] strategies would not be effective in reducing travel to the arena by limousine," given a study relied on by consultant Sam Schwartz Engineering (SSE).

Veconi notes that, while those likely to drive to events at the Barclays Center turned toward public transit when told about the difficulty in finding parking near the arena, the percentage likely to take limos went up slightly--understandable, given that finding parking wasn't their problem.

The number and percentage increase seemed small, with a total of only 45 trips, but Veconi points out that doesn't fit with "the Barclays Center marketing plan, which heavily promotes the venue’s luxury seating and dining options... a total capacity of 1,316 in premium seating and dining areas."

His recommendation: a revamped TDM, including the seemingly absent SSE, and a recognition that the current solution--the staging area--should not be permanent, since it takes public space.


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Senin, 19 November 2012

Meeting Nov. 29 at Borough Hall on design for first Atlantic Yards tower

Empire State Development, along with Community Boards 2, 6, & 8 are co-hosting a public meeting at Borough Hall at 6:30 pm  Thursday, November 29 to share design plans for the first residential building at the Atlantic Yards site.

The site is on Dean Street at Flatbush Avenue, flanking the Dean Street entrance to the Barclays Center.

Note that meeting will focus on design and, presumably, address such issues as the impact of construction on sidewalks. There will be no applications taken for the housing. Here's more info on the configuration of that subsidized housing.

The notice does not indicate whether the first building will be built using modular technology.


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Rabu, 17 Oktober 2012

How bad are Barclays Center community impacts? Pretty light, say officials. Too burdensome, say frustrated neighbors. Some reforms coming, but no remedies for trucks' nonperformance.

If state overseers/enablers of the Barclays Center are ready to give the new arena a mostly enthusiastic assessment regarding its impact on its surroundings, neighbors at a meeting last night were not so enthusiastic, pointing to a myriad of unaddressed problems, including idling cars, public urination, advertisements flashing overnight, concert noise, illegal parking, trucks regularly violating protocols, and 311 complaints going unaddressed.

Arana Hankin, Director, Atlantic Yards Project, Empire State Development, led off the inaugural meeting of the Atlantic Yards Quality of Life Committee but saying “just generally, how impressed ESD has been and I think the community overall has been with how things have been functioning... traffic problems have been minimal... the pedestrian experience overall, has been positive.”

Compared to fears of “Carmageddon,” she’s right, but that’s not how neighbors are evaluating it, and officials acknowledged they’re seeking a new place for black cars to queue and have had to make many adjustments in light of crowd behavior since the arena opened on September 28. Other problems persist, with answers on noise and truck routes deemed inadequate by attendees.

So, many of the 40 or so community members at the Borough Hall meeting, most from invited  organizations, clapped when resident Pauline Blake, president of the 78th Precinct Community Council, expressed exasperation.

"Still hearing platitudes"

After hearing arena officials acknowledge they have no incentives or penalties to ensure that truckers follow protocols and avoid queuing on residential Dean Street, Blake said, “I have to put up with all the nonsense that I’ve complained about for four years, that you were going to be resolving before you opened the door. So we are still sitting here, we’re still hearing those same complaints, we’re still hearing the platitudes, We're doing our best, well, it’s not good enough for the community. We need action, because we have to live with the problems.”

“I totally understand,” Hankin responded. “I live in this community too. Most of the people from [developer] Forest City [Ratner] live in this community.” (They don’t necessarily live in the zone of arena impacts. In another example of claimed authenticity, Derek Lynch, the ESD's new Government and Community Affairs Manager, was introduced as having Brooklyn ties that go back 80 years.)

"There are a lot of issues we need to resolve,” Hankin continued. “think they've done a darn good job up to date, and most of these issues are because the arena open.. there's still a handful of kinks, but I think we're doing a pretty good job overall.”

Just this morning, a truck blocked a traffic lane on Pacific Street between Sixth and Carlton Avenues for 20 minutes. See report on Atlantic Yards Watch:



Also see Michael D.D. White's overview on Noticing New York: Bullet Points: Community Objections to “Barclays” (LIBOR) Arena Operations (Most Relate Back To Zoning Override Locating Arena Close To Residences).

311 is a joke?

Hankin's view was not, however, how neighbors saw it. “We've had several complaints about complaining to 311,” said Terry Urban, a resident of Pacific Street west of Fourth Avenue. “People have been told they have to speak directly to the manager of Barclays [or] they have to report complaints to Community Boards [and] been told that 311 is not for complaints for Atlantic Yards. And they’ve been disconnected frequently--well, put on long holds... So 311 has not responded to anything."

“That's certainly an issue,” Hankin acknowledged, saying officials will work with the mayor's office to improve things. In the interim, she encouraged neighbors to contact Barclays Center Community Affairs Manager Terence Kelly and the ESD’s Lynch.

Still, residents were frustrated by her advice that residents email Kelly or Lynch late at night, saying there should be a phone number to call. Later, with Kelly looking a little wide-eyed at the prospect, Cotton reminded the group that he was available 24/7: 917-618-6136 or communityaffairs@brooklynse.com. Lynch is at 646-581-6092 or dlynch@esd.ny.gov. (Those are office phone numbers, but presumably they're checking email at all time.)

The New York Post's coverage, Barclays neighbors call foul on 311 over gripes, focused on the 311 issue. (WPIX followed up.) Gib Veconi of Atlantic Yards Watch encouraged people to file complaints both with AYW and 311, since the latter is the only way to track problems officially.

Urban's East Pacific Block Association stated, "It's all well and good that FCR now has a community liaison hired, and everyone can now make their complaints with that person, BUT the 311 system is supposed to work for the benefit of City residents, not for the benefit of a developer who benefits from belittling the environmental impact its arena is having on the community It is unacceptable for the City government to be complicit in that charade."

Meeting concept

The new Quality of Life Committee, which will meet bi-monthly in the evening, replaces the Atlantic Yards District Service Cabinet, a bi-monthly morning meeting of invited agencies.

It was chaired by ESD's Hankin and also sponsored in association with the Brooklyn Borough President's Office. (Updated and corrected: Also participating, though not overseeing the committee, is the Mayor's Community Affairs Unit, whose Lolita Jackson heads a "Day Two" committee of involved city agencies.)

Council Members Letitia James and Steve Levin were present, as was ESD CEO Kenneth Adams, a Brooklynite. Also present were representatives of at least two community boards.

Only representatives of specific groups were invited to participate--others could simply observe--but the protocols are evolving: Hankin said other groups could send reps, and at one point James, for example, called to the table a resident of South Oxford Street in Fort Greene, an area which has experienced some of the worst impacts, given illegal parking and the queueing of limos.

Forest City's take

After Hankin’s introduction, Ashley Cotton, Forest City’s External Affairs VP, declared, “We are very pleased with the way things have gone, and thank you for saying what you did, Arana.” Later, she said arena operators were thrilled with how "everybody's talking about how everybody's using mass transit.

She acknowledged, however, “we're just a startup and we're still learning,” and later pointed to several areas of improvement.

Around the table, several monitors of Atlantic Yards, such as Veconi and Peter Krashes, active in Atlantic Yards Watch, had concerned expressions and, indeed, they soon provided some counter-evidence.

Cotton said that the arena has made adjustments in response to lines, notably stopping the use of walk-through metal detectors after delays in getting into the Harlem Globetrotters show and before the Barbra Streisand concerts. By using wands to check people, “we can deploy more staff into the crowd out onto the plaza,” she said.

Regarding egress from the building, she noted that, while there are four major entrances, people can leave from more doors. “On the first night of Jay-Z, there were pedestrians on the street.. and police made a decision to make a traffic freeze to make sure pedestrians could safely cross,” she said. That wasn’t used for Barbra Streisand or the Globetrotters, “and as we get to Nets games, we'll monitor where people come out.”

The Jay-Z crowd, younger and about 10% smaller than the Streisand one, exited in 20
minutes, while those leaving Streisand took 35 minutes, she said. (Barclays Center GM David Anderson noted that the arena has 12 wheelchairs, and ordered 20 more for the Streisand crowd "and, sure enough, we used them all." I think they're now stored in the meditation room.)

How much staffing? Not clear

Council Member James asked about how staffing would be maintained to keep order, given that “at least 150 officers” worked the Jay-Z concert, and that’s reduced, the number of city-paid traffic enforcement agents (TEAs) has been cut, and the Forest City-hired pedestrian managers have a limited contract.

“It is a case by case basis,” Cotton responded, citing the profile of event and anticipated number of attendees. She wouldn’t confirm any commitment: “the answer is: we'll have the ones we need to make sure it's still smooth and safe.”

Overriding signals? Unanswered

Traffic signals were overridden for pedestrian flow, James pointed out, asking, “What's the program for bypassing signals?”

She got a convoluted answer from Forest City’s Jane Marshall, who explained that the TEAs, members of police department, have the power to override signals but pedestrian managers, hired via Forest City consultant Sam Schwartz Engineering, do not. But Marshall didn’t say how the decision was made.

Captain Michal Ameri, commanding officer of the 78th Precinct, said there were never 150 officers but rather “half of that,” or 75. (For now at least, there are far fewer high-ranking officers around.)

“It will be event driven,” Ameri said. “Obviously, it's a learning curve for everybody.” While he may redeploy officers in different arenas, he said, “Right now, I'm comfortable with the level of officers we have.”

Flooding Flatbush Avenue--and Atlantic

One more than one night, noted Veconi, arena guests exited Dean Street onto Flatbush Avenue and were “really being pushed off the sidewalk on the northbound lane of Flatbush,” not unlike the way pedestrians flooded Atlantic Avenue and caused it to shut down.

Will arena operators control the crowd so sidewalks aren’t overwhelmed, he asked, “or is it acceptable for NYPD to block traffic so pedestrians can walk in streets?”

Ameri said it occurred one night--a statement disputed by observers--and added that NYPD put metal barriers at that location and told Barclays Center operators they had to control crowds better. “I can't have it [pedestrians flooding streets] on both sides [of the arena]. We can have it on Atlantic Avenue; we can’t have it on Flatbush Avenue--it’s too much.”

Though Ameri said “my intention is not” to continue closing Atlantic Avenue for crowds, “we'll see.” It was an essential acknowledgment that the egress from the arena remains a challenge unanticipated in project planning.

Public urination--and policing

If the pathway to the arena parking lot at Dean Street and Carlton Avenue has so far been free of some feared impacts, those on Pacific Street west of Flatbush Avenue--the path to the N/R train and also parked cars--had several complaints. (DNAInfo's coverage focused on this issue.)

“We've had quite a lot of men urinate,” one resident reported. “It was a cesspool, the stench was so bad.”

Forest City’s Cotton said that the developer aims to have more lighting put up behind Modell's, which is a tenant of the company, to deter those urinating on the blank cinder-block walls.

Others, however, have been urinating in the Brooklyn Bear’s Garden at the corner of Flatbush and Pacific, Council Member Levin pointed out. James added that she’d heard complaints on South Portland Avenue.

Urban said the problems continue on Pacific west of Fourth Avenue, citing five instances of public urination, and “one instance of defecation, which was left in front of one home... and there was no police around.”

James asked if the officers flooding the arena plaza could be sent on expanded patrols. Ameri said he’d respond to such information.

Finding a place to queue

“It's great to know a lot of people are using mass transit,” one Pacific Street resident said, but “we are overwhelmed and bombarded with people that are driving to the concerts, parking in front of hydrants, parking in driveways,”

A resident of South Portland Avenue said five driveways were blocked.

“We know there's a big issue with black cars and limos,” said Hankin, who added that the agency was “working closely with Forest City, NYPD, city DOT to find an area where black cars can queue legally... We’re in the process right now of finalizing that location.”

James was not placated, saying that blocks in Fort Greene were “overrun with cars,” including at bus stops, and in front of churches and fire hydrants. “Obviously, we need more enforcement, I want cars towed... particularly in front of fire hydrants, bus stops, churches.”

Ameri said the Taxi and Limousine Commission last Saturday, at the Streisand concert, “confiscated 27 illegal livery cabs.” The second solution, he said, is to find a location for such cars--which weren’t an issue at Jay-Z concerts.

The need for enforcement

Veconi observed that people were talking “if black cars were invented for the opening of the Barclays Center--they weren’t. This project is one of the most studied transportation impacts any of us could ever possibly remember.”

“Black cars were studied... where they were going to queue... and the answer, to all of this, was: enforcement: the NYPD was simply not going to allow these cars to park and queue and idle,” Veconi continued. “It’s great to hear we're working on a location for these cars now that the arena has opened, after the eight years of study.. but at some point, we’ve got to get enforcement. When do we get enforcement to deal with this?”

“Enforcement is part of the answer, but it's not the solution,” Ameri responded. “The solution is to give them a place. To give them a summons... there’s no reason to expend resources on issuing summonses when the long-term solution is to find a place for them to queue... I don't want to pull my resources for black cars, I want to address quality of life... I don't want my officers too much involved in TLC issues.”

It was perhaps understandable, but it was a bit surprising to hear a NYPD official--in a department long rumored to have quotas for tickets and arrests--avoiding obvious ticket-writing opportunities.

Querying the top cop

After the event, I queried Ameri about the lines of double-parked, idling limos in traffic lanes that I filmed last Saturday.

“It is a problem. We have to get people out of there,” he said. “We have to do what it takes to get the job done. If that means getting people double-parked, lined up... that’s what we have to do. If I spend my time ticketing those people, I’m not getting them out of there. They’re all going to sit there, in gridlock.”

Isn’t that a dismissal of residents’ complaints?

“South Portland is an issue. I have to go look at it myself,” he said, suggesting that maybe traffic patterns need to change.

Wouldn’t limos from the new lot simply inundate blocks around the arena after events let out? Ameri said the aim was to make the location closer to the arena, so people can walk to their cars: “We have to educate everybody; it will eventually work itself out. Will it be perfect? No.”

A parking problem

Forest City’s Cotton said “we encourage [visitors] them to buy a parking pass in advance.” The surface parking lot hasn’t been full, but Forest City has made a tweak, getting workers to stop blowing piercing whistles.

But the nearest lot, at the Newswalk building just east of the arena on Pacific Street, “ was a disaster,” Cotton said, citing fistfights, hourlong waits, “illegal issues left and right.”

The city’s Jackson said police, the Consumer Affairs Department, and her are aware of the issue and had responded.

Truck traffic and loading/unloading

There’s been much documentation of trucks idling on residential streets and taking those streets instead of truck routes, as well as loading at grade rather than below the arena.

“We're not pleased with the way it's going so far,” Cotton said. “ I'm afraid the loading dock and truck traffic systems haven't been as successful as we would’ve hoped. I assure you, it has our full, full attention.... All deliveries are scheduled, there should be no idling on Dean Street. It's written into contracts... we absolutely understand that it needs to get better.”

One reason, she suggested is, “we've been a little constrained on space, internally,” given that punch list work on construction continues.

Krashes noted that functions have been moved at grade and “nobody ever told us there'd be parking on the arena block, including for buses.” Moreover, the arena broadcast lot, at the northeast corner of Sixth Avenue and Dean Street, “has been used for every purpose but that.”

Cotton said the pad next to the loading dock is required by the NBA, at-grade space for emergency egress, for visiting team player bus, and an ambulance.

Regarding the lot, she said, “We know people have been parking there, and using it in ways that were never expected... We are committed to making it better.”

An AY Watch complaint:
As far as I can tell, for nearly every arena event the operations of the loading dock, and of arena operations generally, has been spread out into the at-grade areas called the "pad" next to the loading dock, the satellite broadcast uplink parking lot and often Dean Street between 6th Avenue and 6th Avenue.
Both the pad and the broadcast lot are being turned over to the productions. A truck used to pull a trailer was parked in the pad all day instead of being taken to the Navy Yard. Before the production ended Sunday night a truck arrived from Pennsylvania to remove the production. They waited on Dean Street and were eventually parked on the pad. I asked the driver and no one had advised him of the existence of the Navy Yard staging area. He came straight from PA. For every event so far the pad has been used by trucks associated with arena productions.
Also Sunday night the bus for the talent was parked in the pad. I thought no buses were to be located in the project footprint? Monday night the NBA bus was parked in the "no standing" zone across from the arena on Dean STreet. At some point after 6:30/7:00 it was moved to the pad.
For every event so far the pad has functioned as parking for cars. I've been told the cars are VIPs and/or associated with the arena staff and production.
The broadcast lot Sunday night had an idling van at 11 PM. It took me about 10 minutes to find help to turn it off. The van was associated with the production and the driver was in the van. He appeared to be sleeping, but according to security was charging his cellphone. The rest of the lot was apparently cars associated with the production or with arena staff. So far the lot has also been used to store each production's merchandise. When more merchandise is needed, someone from the production enters the lot, rolls up the gate of the rental truck with the merchandise, and retrieves it. Shouldn't that be happening inside the arena loading dock below grade?
Only last night for the Net's preseason game was the broadcast lot empty.

No remedies

Veconi asked if there were remedies for nonperformance regarding trucks.

“We don't have any kind of penalty,” Anderson acknowledged. “We’re working with all the guys--they're all Teamsters, the same drivers for each event.. it's about educating them.”

“For concerts, trust me, it's stressful on us, when you try to tell a guy who drives a truck for 20 hours a day to keep moving or whatever, a lot of guys are pretty hardcore,” he acknowledged. “So, we are pushing them, but I think we'll get there. I know we’ll get there--we have no choice.”

“If you don't have any remedies for the truckers... for nonperformance,” Veconi countered, “we don't have any remedies for your nonperformance.”

Cotton asked about a possible remedy.

Veconi suggested liquidated damages.

“We're putting quite a bit of pressure on Forest City and Barclays,” asserted Hankin, whose overall attitude did not necessarily reinforce that.

Does ESD have remedies?

Hankin said she didn’t have attorneys present, “but it is written into the FEIS that they are not to queue.”

Newswalk resident Wayne Bailey offered a warning: “I talked to some of the truckers, they said Lady Gaga has over 45 semis. [coming].”

“We're hopeful things will be resolved,” Hankin stated. And that spurred Blake’s warning about platitudes.

Indeed, while Forest City officials said residents should contact Kelly, several at the meeting, including James, wondered whether that would work. Bailey pointed out that, at one point, arena officials pointedly didn't intervene while trucks were idling late at night on Dean Street.

Noise: Jay-Z concert

Responding to reports of arena neighbors feeling bass from the Jay-Z concert on their apartments and in the streets, Geraldine Kelpin of the Department of Environmental Protection said, “we did hear, on the street, sound from the concert... it's not a violation of the noise code... but it's a closed arena.. we're somewhat perplexed.”

She said DEP “staff did go to someone's apartment... we heard it, but it wasn't a violation.”

Bailey, who said he was present when the noise was measured at Newswalk, offered an opposite account: “they didn't measure when the concert was playing.”

“I can check into that, but my staff told me they heard music,” Kelpin said.

Jim Vogel, a resident of Pacific Street east of Fourth Avenue, said, “I live a block away... my windows were throbbing.” He went on to question whether the arena was sufficiently soundproofed.

“Thank you, Geri,” Hankin concluded. “I’m confident that the work they’ve done was sufficient to date."

Noise: Modell’s

“We had many many complaints about Modell's, our tenant, very loud music” on the initial arena opening, Cotton said. “We asked them to stop.”

Kelpin said, “I know you think they're doing what they’re supposed to do,” but Modell’s continued to violate the law. The DEP issued warnings after the initial request to stop. “I don’t get it... three times now,” she said. “If you could remind them, it's really against the law.“

"That very first night was totally insane," observed Levin.

"We agree," said Cotton.

Noise: on the plaza

Veconi said, around the Jay-Z and Barbara Streisand concerts, speakers were playing amplified music out into the plaza. “My understanding is, in general, you need a permit from mayor's office, police department.”

Cotton said they’d have to look into the rules.

The DEP’s Kelpin was more emphatic: “use of speakers for advertising purposes is not legal. if you do want to.... broadcast out, you would need a sound permit.”

Lights: flashing oculus ads

Cotton noted that, while the “oculus sleep hours are 1-5 am... we have had a number of technology problems,” which meant the oculus was left on too late or all night. According to the East Pacific Street Block Association, it was left on all night for three nights.

One resident called the lighting like a strobe and asked if it could flash.

“It's heavily designed, curated, sponsored... designed to be effective marketing,” Cotton responded.

“It’s annoying,” the resident added.

Cotton said they couldn’t commit to changing it, but will look at it.

“It has to be 1-5 am, because Forest City decided it needs the advertising dollars?” asked Urban.

“Those are the hours for now,” Cotton responded.

Urban asked if the start time could be extended to 8 am or 9 am

“Are there contractual obligations related to the oculus?” asked James.

“Probably,” responded Cotton.

One Pacific Street resident, who said she works in the ad industry, said the big issue was “really loud, flashing ads. I found the Barbra ads and Nets ads are very pleasing, very calm.” However, the flashing ads are “like lightning in your building.” The flashing has caused sleep issues with neighbors and affects probably 15 young children on the block.

James added that she’s heard complaints from the north side of Atlantic Avenue, such as from One Hanson Place.

“Thanks, Forest City, for agreeing to look into it,” Hankin said.

Sanitation

A Department of Sanitation official said there had been “zero issues since Day 1, we're there nonstop.”

Others were more worried, citing waste being dumped in the Brooklyn Bear’s Garden from patrons of nearby food carts. Is there a way to move the carts? The answer was no, but Levin said he would try to get vendors to move.


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