Showing posts with label Friends of Damrosch Park. Show all posts
Showing posts with label Friends of Damrosch Park. Show all posts

Wednesday, February 25, 2015

Fashion Week Packs Its Bags While Community Waits For Park Restitution Plan



February 22, 2015.  Coming Soon - A Public Park.  Fashion Week, and other events like this are now prohibited from returning to Damrosch Park according to the far-reaching court ordered settlement reached in December.  The park, much of it destroyed to make way for private events, must also be restored.   The defendants however have not produced several key court mandated items required under the agreement. The Parks Department and Lincoln Center were supposed to appear on Monday night at CB 7's Parks Committee meeting but the item was removed from the agenda because the city and the arts group were not ready.  (Photos: Geoffrey Croft/NYC Park Advocates)  Click on images to enlarge 


February 19, 2015. Damrosch Park Convention Center.  For years the Bloomberg administration allowed Lincoln Center for the Performing Arts (LCPA) to rent out the entire 2.4 acre Damrosch Park to various private clients including Fashion Week (above) which they did for up ten months of the year.   These actions constituted an illegal alienation of Damrosch Park in violation of the New York State Public Trust Doctrine and other laws.     

"IMG Fashion Week shall vacate the premises and remove all tents and other Fashion Week equipment from the park," according to the settlement, which was ordered by Supreme Court Justice Margaret Chan.


Manhattan 

By Geoffrey Croft

Thursday marked the last day that the Mercedes-Benz Fashion Week could ever be held in Damroach Park.   

Since then crews have been dismantling the massive tents that have illegally occupied the 2.4 acre public park for the past 5 years.

The runway exodus did not come voluntarily. It is part of a settlement agreement reached with the de Blasio administration after area residents and environmental groups were forced to sue in order to get the park back.

The semiannual function was part of a series of private events that Lincoln Center For The Performing Arts (LCPA) was allowed to host in a deal it struck with the Bloomberg administration.   Lincoln Center had been renting out the park for private events for up ten months of the year.  They are also allowed to keep the money and divert it from the City's General Fund.   



















On Thursday people filed into the Fashion Week tents in Damroach Park for the last time. 


By Sunday an aluminum frame was all that remained from the main entrance to Mercedes-Benz Fashion Week located at Damrosch Park's Northeast side. 


Private events in Damrosch Park will now be the exception not the rule according to the far-reaching settlement reached in December between plaintiffs. 

In May 2013 plaintiffs, including NYC Park Advocates, Committee for Environmentally Sound Development, the founder of Friends of Damrosch Park and other individual neighborhood park users were forced to sue over the illegal use of Damrosch Park for non-park purposes in an effort to restore the park and return it back to the community.

One clueless fashion designer,  Nicole Miller, speculated a few days ago that the controversy was over area residents not being able to get taxis.

While the tents are being permanently removed plaintiffs and community representatives are still waiting for the Parks Department and Lincoln Center to comply with several key issues in the stipulation agreement more than two months after it was signed in December. 

• LCPA was supposed to provide CB7 and Plaintiffs with a copy of its annual January submission to the Parks Department listing proposed special events in Damrosch Park.  To date nothing has been received. 

• Planning for the Landscape Plan was supposed to begin in January 2015 but that has not been done as Lincoln Center is still looking for a landscape contractor.   LCPA and the Parks Department  are required to consult with and solicit comments from the Community Board prior to the spring 2015 planting season. During this period, LCPA will also, as part of its overall community relations program, consult with and solicit comments from a range of community organizations in the Lincoln Center neighborhood as well as with the plaintiff organizations, CESD and NYCPA.

The Parks Department and Lincoln Center were supposed to appear at Monday night's CB7's Parks Committee meeting but the item was removed from the agenda because the city and the arts group were not ready.  The reason -  Lincoln Center is still looking for a landscape contractor - three months after the settlement agreement. 



Over the weekend crews began dismantling the massive tents that illegally occupied Damroach Park for the past 5 years. 




Neighborhood groups are supposed to have meaningful input before spring planting begins, to date this has not occurred.  The next Parks Committee meeting is on March 16th.

"I am concerned any delays will leave planters with makeshift plantings thereby allowing for ongoing abuse by trailers and tents next season,"  said plaintiff Cleo Dana of Friends of Damrosch Park.

•  Under the terms of the settlement Lincoln Center will also be required to produce the secret  "sublicense" agreement between Fashion Week and Lincoln Center which lays out the financial arrangements. Lincoln Center received a $ 17.2 million dollar payday over five years which was diverted from the City General Fund.

•  As per the Stipulation Agreement LCPA was supposed to provide a cell number of an emergency contact person who would immediately respond to complaints in Damrosch Park. That never happened either.

A Fordham University student said that sound from Fashion Week could be heard throughout the dorms.

Cleo Dana said the noise on opening day of Fashion Week on Thursday, February 12th was deafening.

"The decibel level was outrageous." she said.  "My China was rattling on my table on the 26th floor a block away.  And as usual residents had no recourse.  It makes sense that they would have provided (the contact) before the event, but they didn't. These people don't care." 

Past complaints including noise,  illegal parking,  idling trucks,  and park destruction were routinely blown off by city officials.  

"When I complained in the past I was told it was a Mayor's event, parks rules do not apply," she said. 

"Neighbors are tired of calling 311and the 20th precinct with no results. I longer call 311, it's  a waste of time."

For weeks Cleo has been pressing various Parks Department officials to get answers, but those efforts have been fruitless.  


No more Mercedes-Benz allowed in the park. 


Attendees of Fashion Week in the seized parkland. 


On February 4th she wrote to Parks Commissioner Mitchell Silver's Chief of staff Margaret Nelson.  Nelson represented the Parks Department at a City Hall meeting between plaintiffs and defendants in December where she identified herself as "our future liaison contact," Dana said. 

Cleo wrote Nelson saying that she attended a Community Board 7 meeting weeks ago to inquire about the status of outstanding issues regarding the settlement agreement. At the meeting CB 7’s Parks Committee Chairman , Klari Neuwelt, assured her that, as per Plaintiffs’ request,  the “Landscape Plan” will be on the Committee’s Feb. 23rd Agenda. 

She asked Silver's chief of staff to "Kindly confirm that the Plan will be presented," along with providing Lincoln Center’s proposed special events for 2015. 

A couple of days later, on February 6th  Nelson responded saying,   "I will look into these requests and get back to you next week." 

She never did. 

A few days later Steve Simon, Chief of Staff for Manhattan Parks Commissioner Bill Castro called to say that Lincoln Center was “looking” for a landscape contractor and would not be able to present at the February 23 Parks Committee meeting.  

"The Plaintiffs and the community are understandably disappointed that two months after our Settlement Agreement, Lincoln Center is still looking to hire a Landscape Consultant," Cleo wrote to Steve Simon.

"We had assumed that Lincoln Center would present the preliminary mandated “Landscape Plan” at the February Community Board 7 Parks Committee meeting so that Plaintiffs and community organizations could have meaningful “input” before the forthcoming planting season.  As Fashion Week packs up for good, we need to know that serious planting will commence this spring to cover the rubble and barren planters left behind;  temporary cosmetic ”flowering plants”  as in past summers which can then be covered over by trailers and tents later in the year are not acceptable.

May I remind you that the Community Board has not yet received a "copy of its annual January submission to the Parks Department listing proposed special events in Damrosch Park for the coming calendar year” as also stipulated in our Settlement Agreement."


Dispite several requests seeking comment the Mayor's press office refused to acknowledge the requests and the Parks Department press office said they were too busy. 

Sign of the Times. 


February 19, 2015.  The Parks Department owned parking garage that Lincoln Center keeps 100% of the proceeds from remains covered from the tents.   




February 22, 2015.



The skeleton remains of Fashion Week are revealed as crews break down the tents.


The park's lone sign provided support to a Fashion Week tent.  On Sunday a worker leaned on it while colleagues removed equipment from the event.



 (Photos: Geoffrey Croft/NYC Park Advocates)  Click on images to enlarge 

Read More:

Fashion Week Ordered To Leave Lincoln Center - Park To Be Restored In Lawsuit Settlement  
A Walk In The Park - December 18, 2014 - By Geoffrey Croft


WABC - December 18, 2014 - By Tim Fleischer 

New York Daily News - December 18, 2014 -  By Barbara Ross 

New York Post - December 18, 2014 - By Natalie O'Neill and Julia Marsh 

New York Times - December 18, 2014 - By Robin Pogrebin   

Associated Press - December 18, 2014 -  By Leanne Italie  

Crain's New York Busness - December 18, 2014 - By Adrianne Pasquarelli 


AM New York - December 18, 2014 - By Ivan Pereira 

Metro NY - December 18, 2014

CNBC -  December 18, 2014 - By Krystina Gustafson

 New York Magazine -  December 18, 2014 - By VĂ©ronique Hyland 

gothamist - December 18, 2014 - Rebecca Fishbein  

 The Hollywood Reporter - December 18, 2014 - By Stephanie Chan

 WNBC - December 18, 2014

A Walk In The Park -  May 22, 2013 - By Geoffrey Croft 

A Walk In The Park February 15, 2012 - By Geoffrey Croft

A Walk In The Park - February 6, 2012


A Walk In The Park - September 10, 2010 - By Geoffrey Croft


A Walk In The Park - September 11, 2010 - By Geoffrey Croft




Wednesday, May 22, 2013

City/Lincoln Center Sued Over Illegal Takeover Of Damrosch Park

Area residents, members of environmental groups, and Damrosch family members gathered on May 21, the 44th anniversary of the Damrosch Park's opening, to announce the filing of a lawsuit. (all photos by Geoffrey Croft/NYC Park Advocates)
A coalition of area residents and  environmental groups were joined by three generations of Damrosch family members on the 44th Anniversary of the park's opening to announce the filing of a lawsuit demanding the City halt its illegal handing over of Damrosch Park to Lincoln Center For The Performing Arts (LCPA) for commercial purposes including Fashion Week. The public has been prevented from accessing the park for up to approximately ten months of the year.  (Photos © Geoffrey Croft/NYC Park Advocates)

The suit demands that the agreement between the Parks Department and LCPA be terminated, the uses of Damrosch Park for non-park purposes cease, the Park be restored, and any concession revenue from the Park be paid into the City’s general fund. 


"It has become a cash cow for Lincoln Center, and this was not the idea," said Damrosch descendant Sidney Urquhart who attended the park's original opening in 1969. 


Several Damrosch family members at the press conference attended the park's dedication on May 22, 1969 with Robert Moses.  Mr. Moses named the park in honor of the Damrosch's,  often referred to as America's First Family of Music - for their contribution to the musical heritage of New York City since Leopold Damrosch brought his family here in 1871. 


Manhattan


An A & E Networks upfront event held in Damrosch on May 9, 2013


Access Denied. A private security guard prevents the uninvited from entering the A & E Networks upfront event held in Damrosch Park on May 9, 2013. 


Revenue from the city's July 2010 license agreement with LCPA is also being diverted from the city's general fund to Lincoln Center totaling more than $32 million dollars over the last four years alone. These actions constitute an illegal alienation of Damrosch Park in violation of the New York State Public Trust Doctrine and other laws.   



By Geoffrey Croft



Since the late sixties, locals and tourists alike have flocked to Damrosch Park, not only to admire the noted architectural and famed landscape elements amidst the pastoral beauty and to utilize the park for the many active and passive recreational uses,  but also to enjoy the free performances and take part in a uniquely New York experience. 

Starting in 2010, Damrosch Park - a 2.4 acre public park owned by the Parks Department - became off limits to the general public of much of mid-August to June.  In August, the producers of Fashion Week begin erecting tents for their bi-annual show which runs for eight days in early to mid-September consisting of “invitation-only shows." 

The Park continues to be off-limits to the general public when the Big Apple Circus moves in after Fashion Week's exit for a four-month long residency from mid-October to January.  After that, Fashion Week once again comes in for its February event. LPCA then rents out the public Park for a series of private and corporate events including fundraisers that further displace the general public for an additional four months until May/June.  

Thus, these events improperly exclude the general public and displace uses of the Park for park purposes for most of ten months of the year. Only for a few weeks is the public permitted to use Damrosch Park for its intended, and legally mandated, recreational purposes. The private commercial take-over of Damrosch Park also has left a physical mark.  For example, in a highly controversial move, the city allowed fifty-six London Plain trees to be destroyed to make room for Fashion Week tents in the spring of 2010 and subsequently removed another eleven trees. Further, in addition to rendering the Park unusable for the general public, the private events disrupt the neighborhood with noise and air pollution from generator’s, trucks and other equipment.    

All of these private, commercial uses of Damrosch Park for non-park purposes constitute an unauthorized alienation of public parkland in violation of the Public Trust Doctrine and may not lawfully continue in the absence of State Legislative approval.   

The unlawful displacement occurs pursuant to a July 1, 2010, license agreement (the “License Agreement”) between the City, acting by and through the Parks Department, with LCPA. The License Agreement’s initial term is scheduled to run until June 30, 2020 with an option for the City to renew. Although the License Agreement pays lip service to the need for LPCA’s programs in Damrosch Park to “benefit the people of the City” and “the general public,” it does not offer any restraint on the privatization of the park, and instead facilitates and encourages the private domination of the dedicated parkland.

Even the official Parks Department sign with the iconic leaf logo identifying “Damrosch Park” and the Guggenheim flagpole on 62nd Street were both surreptitiously removed.  


Fashion Week occupies the park's entire 2.4 acre footprint. The lawsuit was filed on behalf of  New York City Park Advocates, Committee for Environmentally Sound Development, and Friends of Damrosch Park by noted environmental law firm Super Law Group, LLC. 







Diverting Revenue

City Charter section 109 requires that “[a]ll revenue of the city, of every administration, department … shall be paid into a fund to be termed the ‘general fund.’”  Further, section 365 of the Charter requires that “[e]very agreement memorializing the terms and conditions of a franchise … or concession shall contain adequate provisions … to assure the maintenance of the property of the city in good condition throughout the term of the agreement, and … to provide for adequate compensation to the city.”  

The License Agreement however provides absolutely no compensation to the City and instead provides for the payment of all of the revenue from Damrosch Park to LPCA in order to “provide a substantial revenue stream” to LCPA.   For instance,  from 2006-2010,  LCPA’s Revenues and Expenses Reports show  that revenues from LCPA’s “Special Events” and “Concessions” totaled more than $29 million dollars - the garage located under Damrosch Park,  which is owned by the Parks Department,  alone grossed more than $26.7 million,  all of which was paid to LCPA and none of it to the City. The Agreement goes even further to protect the fiscal interests of LCPA at the expense of the City: “[The Parks Department] agrees that it shall not impose any fee, charge, or other imposition on either LCPA or Special Event Promoters engaged by LCPA in connection with Special Events held in the Public Areas.”

In addition to these amounts under a separate agreement, Fashion Week’s sponsor IMG Worldwide, is paying up to $17.2 million to LCPA to use the city park twice a year through 2014. This money is also being diverted from the city's general fund. Worse yet, the agreement between LCPA and IMG Worldwide, did not go through the City Comptroller’s Office.  

This diversion of public funds is illegal, constitutes a waste of public resources by City officials, and should be discontinued. 

Although the New York State Legislature has not authorized the use of Damrosch Park for any non-park purposes, for a vast majority of the year private interests – including Mercedes-Benz Fashion Week, the Big Apple Circus, and a host of other private events – exclude the general public from Damrosch Park and displace all free, outdoor, active and passive recreational uses.  

Damrosch Park in March 2010, before 56 trees were cut down.

Damrosch Park - March 2010 a few months before 56 trees,  including all of the ones shown above,  were cut down to make room for Fashion Week. 


Read More:

The Wall Strreet Journal - May 21, 2013 - By Mara Gay

New York Times  - May 21, 2013 - By Robin Pogrebin

Hyperallergic - May 24, 2013 - By Jillian Steinhauer

Crain's New York Business  - May 22, 2013 - Amanda Fung

A Walk In The Park February 15, 2012 - By Geoffrey Croft

A Walk In The Park - February 6, 2012




A Walk In The Park - September 10, 2010 - By Geoffrey Croft

A Walk In The Park - September 11, 2010 - By Geoffrey Croft