City Kills Beloved Deer, Tries To Blame State

"Lefty" the deer that wondered into Jackie Robinson Park and delighted Harlem residents was killed by the city. The city then tried to blame Governor Cuomo who had directed the State DEC to offer assistance and transport the animal to a new habitat which the city said came too late. Animal rights advocates have long decried the States' blanket regulations that prohibit wildlife from being relocated which results in an automatic death sentence for the animal.   Several weeks ago the Governor had a change of heart and signed a bill that protects one species, the Muted Swann after vetoing State Senator Tony Avella's legislation twice.  (Photo: Andrew Savulich/NewYork Daily News)

Manhattan

By Geoffrey Croft

The beloved white-tailed deer that wondered into a Harlem park two weeks ago died yesterday in city custody after being tranquilized.

The deer had become a welcome visitor in Jackie Robinson Park for area residents.  They city however had announced its intention to kill the deer.

On Thursday the deer jumped a fence and migrated into the near by Polo Grounds NYCHA projects where police captured and tranquilized it.  The deer was moved to Animal Care Centers of NYC shelter on East 110th Street.

Governor Andrew M. Cuomo office stepped in on Thursday and said the State DEC was willing to prevent it being killed and offered to have the deer transported out of the city.

“Over the last day the New York State Department of Environmental Conservation advised the City of New York that there are alternatives to euthanasia that they can consider including relocation, “  a spokesman for the Governor said in a statement.

“The City has now captured the deer and Governor Cuomo has directed DEC to offer assistance to the City to transport and find a new habitat for it immediately.”

On Friday morning an ignorant Mayor Bill de Blasio gave his assessment on the prospects of the deers’ life.  

“If a deer is already in a natural location and you can leave them there, then they have a chance of survival, but if not, you don’t really have another option,” The Mayor said on the Brian Lehrer radio show.

“It’s a question of is it going to be a quick and merciful death versus potentially a very long painful process.”

Yesterday morning just before 8:30am the Governor took to Twitter.

"We want to do everything we can to save the Harlem deer. We have told the city that the feds or we can transport it upstate today.”

When workers from the state Department of Environmental Conservation and the federal Department of Agriculture arrived at the Animal Care and Control Shelter the deer was dead.

Just before 2 p.m. Parks’ spokesman Sam Biederman announced that the deer had died and blamed the state. 

“Unfortunately because of the time we had to wait for D.E.C. to come and transport the deer, the deer has perished,”  Biederman told reporters, adding that the city had wanted to euthanize the deer all along. 

"This was an animal that was under a great deal of stress for the past 24 hours and had been tranquilized for much of that.”

The State Environmental Conservation Department did not agree with the Parks Department's press office assessment. 

“We offered yesterday to take possession of the deer and transport it to a suitable habitat,” the Environmental Conservation Department said in a statement. 

“The city did not accept our offer until just before noon today, and while we were arriving on scene the deer died in the city’s possession."

The city got what it wanted all along and killed the deer.



The issue has garnered a significant amount of publicity with the media playing up the supposed feud between Governor Cuomo and Mayor de Blasio angle which played out on the front pages of two newspapers.

Read More:

Harlem Deer Caught in City-State Tussle Has Died

New York Times -  December 16, 2016 - By Andy Newman

One-antlered Harlem deer dies immediately after City Hall opts against killing it
New York Daily News - December 17, 2016 - By Lisa L. Colangelo, Jennifer Fermino, Larry McShane 

Judge Dismisses Flushing Meadows Park "Willets Point West" Lawsuit - Group Vows To Appeal

A scheme hatched by the Bloomberg Administration and the City Council aims to hand over 47. 5 acres of Flushing Meadows - Corona Park worth as estimated $ 1 billion dollars to The Related Companies and Sterling Equities to build a 1.4 million sq. ft. mall known as Willets Point West. They are attempting to push the massive project through without receiving any approvals or even a vote. (Photo: Geoffrey Croft/NYC Park Advocates) 

Queens

A New York State Supreme Court judge has dismissed a lawsuit filed to prevent dozens of acres of public parkland from being developed into the city's largest shopping mall.  The group vows to appeal.     

Justice Manuel J. Mendez  dismissed the lawsuit which challenges the give-away of 47 acres of public parkland in Flushing Meadows Corona Park worth an estimated $ 1 billion to The Related Companies/ Sterling Equities to build "Willet's West," a 1.4 million square foot mega-mall adjacent to CitiField.  (full decision below)

A coalition of area residents,  environmental groups, business and home owners, and State Senator Tony Avella filed a lawsuit in New York County Supreme Court in February demanding the City halt its illegal handing over of mapped Parkland to build a mega-mall.

The suit also asks the Court to nullify actions taken by the Planning Commission, and approved by the Council in October of last year, to permit construction of parking facilities in Willets Point in lieu of the affordable housing and supportive facilities called for by the 2008 plan.  

The complaint alleges that the project cannot proceed without approval by the State Legislature under the “public trust” doctrine that protects all parkland throughout the State against non-park uses without the consent of the Legislature which was not requested or obtained.

The City and developers claim entitlement to the land based on a 1961 law which authorized the construction of Shea Stadium.

The suit claims that the 1961 law never granted the defendants the use of the premises for these purposes.  

During the oral arguments on July 30th the developers and the City spent most of the time talking about the alleged benefits their project and very little time addressing the legal issues before the Court.  The Plaintiffs argued that the defendants were brazenly violating State law and the City Charter's land use provisions. 

“Most of their response, in their argument, had actually nothing to do with the issue at hand," State Senator Tony Avella commented after the hearing last month.

"The issue is that they still have to get the necessary approval from the State Legislature and undergo the City’s land use process before being able to develop on-site. As things stand right now, the developers are illegally taking away parkland and the City is letting them!" the Senator said.


Related Companies and Sterling Equities are attempting to build a 1.4 million square foot mall on 47.5 acres of mapped parkland in Flushing Meadows-Corona Park, west of Citi-Field stadium.  This represents the largest public parkland giveaway in recent history. The proposed project would allow the seizing of the public parkland to be used exclusively for non-park purposes without first getting State Alienation approval as is required under the law.  The construction of such a mall on public parkland would be unprecedented. 

The oral arguments also  provided some colorful moments.  Former Chief NY State Supreme Justice Judith Kaye, counsel at Skadden, Arps, Slate, Meagher & Flom representing the developers  explicitly inferred that shopping was a "recreational use." 

Plaintiff's include State Senator Tony Avella, City Club of New York, Queens Civic Congress, several members of Willets Point United Inc., and nearby residents/business owners, and NYC Park Advocates. 

"The decision flies in the face of the Public Trust Doctrine and ignores long-established case law, " said NYC Park Advocates, president Geoffrey Croft, a plaintiff in the suit. 

"Equally troubling is it bestows the powers of the former Board of Estimate for  land-use decisions to one person, the Mayor.  This is ironic considering the Board was declared unconstitutional because it violated the "one man, one vote"  provision of the Equal Protection Clause  which was determined to be un-democratic.  This is an issue that every NYC resident and elected official should be greatly concerned with," Croft stated 

"Plaintiffs believe that the decision misunderstands the common law doctrine that prohibits any nonpark use of parkland without the specific and explicit approval of the State Legislature,"   the plaintiff's attorney John Low-Beer said in a statement.  

"The State Legislature, when it passed the 1961 law permitting the construction of Shea Stadium, did not intend to allow construction of a shopping mall.  That law did not allow the construction of anything except a stadium and related facilities on the site.  Plaintiffs will appeal, and believe that this decision will be reversed on appeal."

"It was disheartening to learn of Justice Mendoza's decision today in respect to the Willets West lawsuit," NY State Senator Tony Avella, who represents the 11th Senatorial District, and a plaintiff in the lawsuit stated. 

"We made some very good legal arguments and strongly believe that we are in the right on this issue. I look forward to submitting an appeal alongside the other plaintiffs and feel confident about a future positive outcome."



Rendering of the $ 3 billion dollar Willets Point projects.

Read More:

Park Advocates Set to Fight Back After Judge Affirms Queens Mega-Mall Legality

NY 1 - August 21, 2014 -  By Ruschell Boone 

Judge dismisses lawsuit seeking to halt massive Willets Point redevelopment

New York Daily News - August 21,  2014 - By Eli Rosenberg

Despite win, Willets Point developers are cautious

Crain's NY Business -  August 21, 2014 - By Joe Anuta 

City overlooks law in Willets Point project

New York Daily News - August 4, 2014,  By Tony Avella & John Low-Beer 

Lawsuit Filed To Stop Mega-Mall In Flushing Meadows-Corona Park

A Walk In The Park - February 11,  2014 

LESSONS OF WILLETS POINT: TRADING PARKLAND FOR DEVELOPER'S DONATION

City Limits - November 1, 2013 - By Patrick Arden

Legal Questions Emerge About Citi Field Mall
City Limits - July 30, 2012 - By Patrick Arden

Related Co. Strikes Gold As City Council Approves Park Land Grabs Deals - Willets Point West & Ruppert Playground Development Approved

A Walk In The Park - October 10, 2013 

Save Flushing Meadows-Corona Park

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Willets West Court Decision by Save Flushing Meadows-Corona Park

Lawsuit Filed To Stop Mega-Mall In Flushing Meadows-Corona Park

The Bloomberg Administration and the City Council are attempting to hand over 47. 5 acres of Flushing Meadows - Corona Park worth $ 1 billion dollars to The Related Companies and Sterling Equities to build a 1.4 million sq. ft. mall known as Willets Point West. They are attempting to push this through without receiving any approvals or even voting on the massive project.  

Queens

A coalition of area residents,  environmental groups, business and home owners, and State Senator Tony Avella filed a lawsuit in New York County Supreme Court on Monday demanding the City halt its illegal handing over of mapped Parkland to build a mega-mall.

The suit also asks the Court to nullify actions taken by the Planning Commission, and approved by the Council in October of last year, to permit construction of parking facilities in Willets Point in lieu of the affordable housing and supportive facilities called for by the 2008 plan. 

The complaint alleges that the project cannot proceed without approval by the State Legislature under the “public trust” doctrine that protects all parkland throughout the State against non-park uses without the consent of the Legislature which was not requested or obtained.

The Bloomberg Administration and the City Council are attempting to hand over 47.5 acres of Flushing Meadows - Corona Park in Queens worth $ 1 billion dollars to The Related Companies and Sterling Equities to build a 1.4 million sq. ft. mall known as Willets Point West.   They are attempting achieve this without receiving any approvals or even voting on the project.  

The complaint also alleges violations of the City’s Zoning Resolution and Charter, and seeks annulment of approvals granted by the City to date for the related Willets Point plan.

In October the City Council approved zoning amendments to the Willet's Point plan,  allowing a multi-phased development and temporary parking on part of the Willets point site.   These amendments however do not permit the building of a massive 1.4-million-square-foot shopping mall much less a massive 1.4 million square foot shopping mall on mapped parkland.


Related Companies and Sterling Equities are attempting to build a 1.4 million square foot mall on 47.5 acres of mapped parkland in Flushing Meadows-Corona Park, west of Citi-Field stadium.  This represents the largest public parkland giveaway in recent history. The proposed project would allow the seizing of the public parkland to be used exclusively for non-park purposes without first getting State Alienation approval as is required under the law.  The construction of such a mall on public parkland would be unprecedented. (Photos: Geoffrey Croft/NYC Park Advocates) 

The Bloomberg administration and the City Council are attempting to bypass land use procedures including the Uniform Land Use Review Procedure (ULURP),  and  state law which requires State Alienation legislation approval to use parkland for non-park purposes.   Mayor Bloomberg claimed all land use powers of the former Board of Estimate as belonging to him, clearly a violation of ULURP.  

From 1964 to 2006,  30.7 of the 47.5 acres of the site near the northerly end of the Park was occupied by Shea Stadium.  When Shea was demolished and replaced in 2009 by Citi Field at a location slightly east of the Shea site, the project site became a parking field for visitors to Citi Field.  The site has also been used for a variety of public recreational events including foot races, circus performances, an annual wheelchair baseball game, and concerts.

In 2012, Sterling Equities and the Related Companies convinced the Bloomberg administration to allow the massive shopping mall on Park property.

In October Council member Julissa Ferreras attempted to justify and explain why the public parkland was now part of the deal and was given away - the developers and the Mayor wanted it.   

"The mall is something that the developers and the administration believe is necessary to be able to support the build-out of Willets Point,"  she said.  

In 2008 the City Council approved a Willets Point plan to place the intended retail development in the neighboring Willets Point development project along with affordable housing, the Park was never part of the project.


Delivering The Deal.  Big Winners. A beaming Related Companies' Charles  J.  O'Byrne, Queens City Council member Julissa Ferreras,  Jeff Wilpon - New York Mets COO and the executive vice-president of Sterling Equities and son of New York Mets principal owner Fred Wilpon, and Glenn  A. Goldstein - president of Related Retail and registered lobbyist pose on October 8th shortly after the City Council vote. (Photo: William Alatriste /New York City Council) 

“Parks are intended to serve the people, to provide open space, landscaping, opportunities for recreation, playgrounds for children, and escape from the hordes and noise of a busy commercial city," said State Senator Tony Avella, a plaintiff in the suit.   

"The only commercial uses that belong in them are those, such as snack stands, that enhance the park experience.  A shopping center is not one of them.  We have a wonderful law that is supposed to assure all of this, known as the ‘public trust doctrine.’  I’m outraged when the people who are supposed to administer parks for everyone turn them over to private interests without seeking the State Legislature's consent as the public trust doctrine requires.  So, I am very pleased to be a party to this action.” the Senator said.

The contention that the 1961 law exempts this transaction from the public trust doctrine, says John Low-Beer, one of the plaintiffs’ lawyers, is wrong. 

“The 1961 law was intended to allow a stadium and uses directly related to a stadium, such as parking, concessions, and other commercial activity typically incidental to a professional sports arena.”

Low-Beer adds that the 1961 law “says nothing about a shopping center.  In fact, the Legislature explicitly prohibited any purely commercial uses other than ones strictly related to the stadium, such as concession stands.  The public trust doctrine requires that any legislative consent be very specific about what it will allow.  If it doesn’t specify a use, then that use is not permitted.”

The suit was filed on behalf of State Senator Tony Avella, The City Club of New York, NYC Park Advocates, a City-wide parks advocacy group that helped to establish “Save Flushing Meadows Park.” 

The plaintiffs include Paul Graziano, Ben Haber, and Alfredo Centola who have prominently opposed a spate of recent proposals for new or enlarged sports venues in the Park, as well as the shopping center.

The efforts of “Save Flushing Meadows Park,” a coalition of many Queens civic groups and individuals helped thwart the proposed professional soccer stadium, though it was unable to stop a half-acre expansion of the Tennis Center.  Several of the plaintiffs have also led opposition to the shopping center.

Other plaintiffs are individuals and businesses falling into several categories including nearby residents, park users, and businesses along Roosevelt Avenue and in Willets Point having special concerns about traffic and business displacement.

The efforts of the “Save Flushing Meadows Park” group were recently bolstered by the City Club which took on the shopping center as a major project after successfully participating in a campaign to defeat a proposed upzoning of the East Midtown area around Grand Central Terminal that would have doubled the permissible bulk in much of the area.  After Council leaders announced in early November that the Council would vote against the plan, Mayor Bloomberg withdrew it.

Michael Gruen, President of the City Club, said that the City Club joined the shopping center fight out of concern that “Flushing Meadows Park has long suffered from neglect in maintenance and from getting eaten away as a recreational park by a voracious assumption that every new idea for a commercial sporting activity should be given a home in this one Park.

Fortunately some of the worst, such as a proposed “grand prix” race track around the lake, have been defeated.  But this is a beautiful park and it deserves much better treatment.”

Gruen added that the City Club sees the shopping center project as “perhaps the most egregious example of commercialization of parkland throughout the city.  There are places where the annual cycle of fashion shows and holiday bazaars leave little time for enjoying the open space and landscaping. That it is the worst of a pattern of treating parkland as an asset to be sold off for commercial use caused us to take it on so that we could get the courts to draw a clear line:  commercial uses that do not enhance the recreational experience of parks do not belong in the parks.”

Gruen said that the City Club hopes “clearly to confirm that any alienation of parkland requires legislative action, very specifically stating what uses are to be allowed.  The legislative consent must then be construed narrowly by the courts so that ambiguities in statutory language cannot be exploited, as the developers here are trying to do, to justify other commercial uses that the legislature had no evident intention of condoning.”

The case is filed in the New York County Supreme Court.  John Low-Beer, Lorna Goodman and Meredith Feinman represent the plaintiffs.

The complaint asks the Court to declare that the shopping mall project is illegal and to enjoin further steps toward its construction without compliance with applicable law including the public trust doctrine, and without imposing appropriate zoning regulations on the site.

It also asks the Court to nullify actions taken by the Planning Commission, and approved by the Council in October of last year, to permit construction of parking facilities in Willets Point in lieu of the affordable housing and supportive facilities called for by the 2008 plan.  The complaint asserts that the Commission and Council knew that the changes in the Willets Point plan were needed for no other purpose than to accommodate stadium parking displaced by the intended shopping center, and knew that the shopping center project itself is illegal without approval of the legislature.

They knew that their action would facilitate illegal construction of the shopping mall, the promoters of which had clearly stated their belief that they could proceed with without legislative approval.  The Commission and Council thereby acted illegally, and arbitrarily and capriciously.


The proposed mall across from CitiField.

Read More:

Politician suing NYC over ‘illegal’ development of Willets West mall

New York Post  - February 11, 2014 - By Minsi Chung

City illegally plowing on with proposed multimillion-dollar mega-mall in Queens: suit   

New York Daily News -  February 11, 2014 - By Beth Stebner   

Suit challenges legality of Flushing Meadows mall plan in Queens

Queens  Chronicle -  February 10, 2014  by Peter C. Mastrosimone 

Suit Seeks to Quash Willets West Mall Project

DNAinfo - February 11, 2014 - By Katie Honan

LESSONS OF WILLETS POINT: TRADING PARKLAND FOR DEVELOPER'S DONATION

City Limits - By Patrick Arden

Legal questions emerge about Citi Field mall 
City Limits - By Patrick Arden

Related Co. Strikes Gold As City Council Approves Park Land Grabs Deals - Willets Point West & Ruppert Playground Development Approved

A Walk In The Park - October 10, 2013 

Save Flushing Meadows-Corona Park

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Willets Point Land Grab In Flushing Meadows Park Blasted

"Willets West is a scandal and the conspirators should not be rewarded for their illegal scheme. The city council must vote, No-and let the next mayor sort out this scandal,"  - Irene Presti  - Willets Point property owner



Under the proposal a massive 1.4 million sq. ft. mall would be built by Bloomberg-preferred developer the Related Companies in partnership with Sterling Equities, the real estate firm controlled by the owner of the Mets,  in Flushing Meadows-Corona Park on parkland currently used for Citi-Field parking.   In 2008 the Council approved the Willets Point redevelopment application but the Flushing Meadows-Corona Park acreage was not part of the plan.  The city is desperately trying to rely on a 1961 bill that never replaced parkland used for Shea Stadium. Critics of the plan argue that if the 40-plus acres being proposed for mall use are no longer needed for parking then it should revert back to its original recreational use. 

Willet's Point business owner Jamie Sabetti holds up an eviction notice from HPD at Wednesday's press conference where he spoke passionately about having thirty days to vacate and not being compensated.   

"We rely on these jobs. We don't know where we are going to go," said Mr. Sabetti. "Officials hear us but they do nothing."

Willets Point United Inc. were joined by organizations representing more than 100 civic organizations, park advocates and civic leaders to oppose "the corrupt bargain at Willets West and Willets Point."

Queens

By Geoffrey Croft

Opponents of the Willet's Point West attempted land grab in Flushing Meadows-Corona Park gathered on the steps of City Hall on Wednesday and voiced their overwhelming opposition toward the mega-development project planned on more than 30 acres of public parkland.  

Under the proposal a massive 1.4 million sq. ft. mall would be built in Flushing Meadows-Corona Park on parkland currently used for Citi-Field parking.   The majority of the land for the $3 billion Willets Point project would be taken from the public parkland.  

Critics of the plan argue that if the 40-plus acres being proposed for mall use are no longer needed for parking then it should revert back to its original recreational use. 

The City and Bloomberg-preferred developer the Related Companies in partnership with Sterling Equities, the real estate firm controlled by the owner of the Mets -  are attempting this without seeking State Alienation legislation as is required under state law to use parkland for non-park purposes. 

Sign On The Times.  Willet's Point business owner Jerry Antonacci blasted City Council member Julissa Ferreras for not protecting the parkland and business owners.

In 2008 the City Council approved the Willets Point redevelopment application but the Flushing Meadows-Corona Park acreage was not part of the plan.

Since then a new scheme was hatched involving the mega-developer and the owner of the Mets which does not resemble the project orginally approved in any way.

In the public parkland givaway the city is now desperately trying to rely on a 1961 bill that never replaced parkland used for Shea Stadium.   

The 1961 statute that the city and the applicants are desperately trying to rely on in order to justify being allowed to develop the public parkland for non-park purposes does not permit a shopping mall.   Administrative Code 18-118 explicitly states that any monies gained from a temporary lease on the property must go back into the property.

Back into the property not line the pockets of Related or Sterling Equity.   

The revenue must aid "in the financing of the construction and operation of such stadium, grounds, parking areas and facilities, and any additions, alterations or improvements thereto, or to the equipment thereof,"  the law states.  

Clearly this is not the case.  

The intention of the law was not to allow any project to make a permanent claim on the parkland or its facilities, because the revenue was supposed to fund the property.

The largest of the three projects being proposed in Flushing Meadows Corona Park - Willets Point West - would seize more than 30 acres of public parkland to build the City's largest mall at 1.4 million Square feet.  The city has been chipping away at the only green space many Queens residents have since Robert Moses remade it for the World’s Fairs in 1939 and 1964.   The developers first choice was to build an enormous casino project documents show.

Yesterday Willets Point United Inc. were joined by numerous organizations including Queens Civic Congress, New York City Park Advocates, members of Community Board 3, local tenant business owners, South Bronx Unite, Good Jobs NY, Save Flushing Meadows Corona Park,  and elected officials State Senator Tony Avella and City Comptroller John Liu.

Willets Point United Inc. is the property and business owners’ group that has been fighting the redevelopment of the Iron Triangle for over five years.

"What was never contemplated was that you would take parkland and built a parking mall," said Willets Point United's David Schwartz.

"This is a favor to Sterling Equities and the Wilpon family that should not be allowed to happen," he said. 

Willets Point property owner Irene Presti blasted the deal calling it,  "illegal and unethical."  saying that the Bloomberg administration is putting forward to develop the Iron Triangle, in violation of not only the not for profit lobbying laws of New York State; but by the brazen violation of Federal law. 

"In order to promote this dirty deal the city helped to set up a phony not for profit local development group headed by Claire Shulman. The group, made up of rich developers with the names Muss, Wilpon, Mattone and TDC, was never anything but a not for profit but in name only-it was put in place to advance the special interest of its real estate company members. Incredibly, NYC EDC forwarded $500,000 in tax payer funds to finance this illegal lobbying scheme."

She pointed out that  in July 2012, NY State Attorney General  Eric Schneiderman cited the violation of the law but, shamefully, failed to do anything to sanction the illegal behavior. 

"Willets West is a scandal and the conspirators should not be rewarded for their illegal scheme. The city council must vote, No-and let the next mayor sort out this scandal."

"We see that Mr. Wilpon of the Mets-the prime mover of the illegal lobbying group- has been awarded the development rights to Willets West and $200 million worth of property for $1. And there is no one with the courage to step in and put an end to this criminal scheme. Who says crime doesn’t pay?" 

Long-time critic State Senator Tony Avella called the plan a disgrace.

“Park land should be sacred,”  said State Senator Tony Avella who was only one of two City Council members who originally voted against the project. 

“The proposed Willets West Mall is part of the biggest land grab for parkland not only in Queens but in the entire City.  I voted against the original Willets Point project as a member of the City Council because, among other things, the City was using eminent domain to take private property and give it to private developers without a public benefit.  Now, the City is proposing to give away sacred parkland for private development.  That is simply unacceptable and I am proud to stand here today with Willets Point United in strong opposition to this project.” 

“This is the classic bait and switch," City Comptroller John Liu stated.  

"Because what we were promised by the administration is no longer. What's now remaining in this current plan that the administration would like to go forward with is but a semblance of what the original plan was. This has to be stopped. It is not right. It should not go forward,” the  Comptroller said. 

"We should not be encroaching on parkland illegally against New York State law," said City Comptroller John Liu.

"I want to call out one person Julissa Ferreras...for five years she's done nothing,"  said     Willet's Point business owner Jerry Antonacci.

"Everything is wrong with this and she still stands by this project. I want to know when is she going to come out and stand by the people in her community and say no, enough is enough.  Five years of lies,  five years of broken promises and do what her community voted for her to do and that's vote this down," he said.

"There's clearly no equity or no interest  in protecting the public, there's no interest  in protecting parkland, there's no interest  in protecting jobs,"  said Save Flushing Meadows Corona Park's Paul Graziano.

"There's no interest  in protecting community that use the park which desperately need it because they don't have their own places to have recreation. " 

"This is an outrageous deal," said Jackson Heights Beautification Group and CB 3 board member, Ed Westly.

"We expect our City Council member Elizabeth Crowley to vote against this project and we urge the rest to do the same," said Communities of Maspeth and Elmhurst Together's (COMET) Christina Wilkinson.

"The process has not been at all lead by the community which is  not news to anyone here,"  commented Bettina Damiani of Good Jobs NY. 

"But this is unfortunately what the Bloomberg administration has done over and over again."

"Because we are Spanish, Latino's,  we don't need those kinds of discriminations,"  said  Willet's Point business owner Marco Neira,  "they are stealing our businesses, they are stealing our lives."

"It is the position of Willets Point United Inc. that the present land use application of Sterling Equities and Related Companies should be denied, and that a new Request for Proposals should be issued and new developer responses solicited – responses that conform to the property boundaries and the goals approved by the Council in 2008," Willets Point United said in a statement.

"Moreover, any selection of a developer must take place with the participation of the Willets Point Advisory Committee and Queens elected officials, as had been promised by the City administration in writing during 2008 but disregarded when Sterling and Related – and their plan to site a huge mall on parkland – were chosen."

Critics denounced numerous issues regarding the Willets Point redevelopment project including:

1. This was not the deal that the Council approved: The affordable housing component has been delayed and subject to escape clauses, and the agreed living wage provision has been eliminated;
2. No project - let alone a 1.4 million square foot mall - should be built on public parkland;
3. The City Administrative Code does not authorize or provide any legal basis for the construction of a mall on 30+ acres of parkland, in violation of the parkland Public Trust Doctrine;
4. No massive development should be built in this area without new access ramps being built to and from the Van Wyck Expressway before any other construction;
5. No private property should be taken to merely be paved over as a parking lot;

6.      Developers Sterling and Related were selected via a process that excluded the Willets Point Advisory Committee and Queens officials – contrary to written promises made by the City administration in 2008;

7. The City must be compensated for the $200 million it has spent to buy Willets Point property;
8. No team of billionaire developers should be given said property as a $1 gift;
9. No developer who was part of an illegal lobbying scheme should be allowed to profit for engaging in the illegality;
10. No development deal based on an illegal lobbying scheme should be approved by the City Council

Press Conference Statement from Irene Presti, Willets Point property owner

My name is Irene Presti and I own property at Willets Point that is threatened by the illegal and unethical deal that the Bloomberg administration has put forward to develop the Iron Triangle. That’s right, the entire development was promoted by a violation of not only the not for profit lobbying laws of New York State; but by the brazen violation of Federal law as well.

In order to promote this dirty deal the city helped to set up a phony not for profit local development group headed by Claire Shulman. The group, made up of rich developers with the names Muss, Wilpon, Mattone and TDC, was never anything but a not for profit but in name only-it was put in place to advance the special interest of its real estate company members. Incredibly, NYC EDC forwarded $500,000 in tax payer funds to finance this illegal lobbying scheme.

Unfortunately, this LDC was barred from doing any legal lobbying from the standpoint of the NY State law on local development corporations. Don’t just take my word for it. In July of 2012, the NY State Attorney General cited the violation of the law but, shamefully, failed to do anything to sanction the illegal behavior.

Apparently, some people are considered to be above the law and the AG even failed to demand that the Shulman group refund the illegal contribution from EDC and the tax payers. So small property owners like myself were forced to fend off the big real estate companies who were publicly funded in the campaign to take away my property.

But it gets worse folks. When the Shulman group filed for tax exempt status with the IRS there are two important boxes it checked. The first was: Will you be doing any lobbying? The second was: will you be doing any economic development? The group, lying through its teeth, answered no to both questions-even though Shulman told the NY Times that the entire purpose of the group was to lobby for the Willets Point project.

Did the IRS act on this blatant violation of the federal not for profit laws? Not on your life. It was busy chasing the Tea Party and didn’t have the time to investigate and punish a clear violation of law. So on the state and the federal level, law enforcement is a partisan activity and justice be damned!

Now, however, it gets much worse. We see that Mr. Wilpon of the Mets-the prime mover of the illegal lobbying group- has been awarded the development rights to Willets West and $200 million worth of property for $1. And there is no one with the courage to step in and put an end to this criminal scheme. Who says crime doesn’t pay?

Not only that, but the entire original development deal has been changed in a breathless bait and switch that has eliminated the affordable housing and living wage pledges that were the heart of the approval in 2008. Instead of the “next green neighborhood” we have been given a huge mall and a parking lot. For this we are abusing the eminent domain process?

I am a proud member of Willets Point United. If my group had done what EDC, Wilpon and Shulman have conspired to do, we would be under arrest and awaiting trial. Instead, Shulman remains at large and Wilpon is poised to reap billions of dollars for evading the law and ripping off the tax payers.

Willets West is a scandal and the conspirators should not be rewarded for their illegal scheme. The city council must vote, No-and let the next mayor sort out this scandal.

Critics of the plan argue that if the 30-plus acres being proposed for mall use are no longer needed for Citi-Field parking then it should revert back to its original recreational use.   (Photo: Geoffrey Croft/NYC Park Advocates)

Read More:

Flushing Meadows Park Development Projects Blasted
A Walk In The Park  - July 24, 2013 

City Begins Land Use Process On Willets Point Land Grab
A Walk In The Park  - March 22, 2013  - By Geoffrey Croft

Legal Questions Emerge About Citi Field Mall

City Limits - July 30, 2012 - By Pat Arden

No Mayoral Candidates Support MLS Stadium In FMC Park - But None Are Against It

The 2013 Mayoral Forum On Sustainability sponsored by the League of Conservation Voters was held last night  at Cooper Union's Great Hall in Manhattan.   (Photo: Courtesy: The League Of Conservation Voters)

Queens

By Geoffrey Croft

Attendees at last night's Mayoral Forum on Sustainability sponsored by the League of Conservation Voters could be excused for being a bit confused after hearing the candidates responses involving the building of a 35,000 seat soccer and concert stadium being planned for Flushing Meadows-Corona Park. 

All nine candidates were asked by moderator Brian Lehrer, on Earth Day, about the  proposal for the park. 

Not a single candidate spoke up in favor of protecting the parkland.

They were asked for a show of hands of who supported the development of the stadium in the park.

"Is anyone solidly for the stadium,"  Mr. Leher asked.  The  audience clapped when none of them raised their hands. 

Mr. Lehrer then asked  a follow-up. 

"Is anyone solidly against  the stadium," he asked.   

The audience laughed and groaned when none of the mayoral candidates raised their hands.  

Brian Leher asked John Liu to speak about his ambivalence, a question that was met with laughter. 

Mr. Liu  spoke of broken promises made by the current administration in other replacement park deals in other stadium projects.

"There is a credibility factor here," he said.

"In the case of Major League Soccer stadium that's being proposed -  and I do believe the administration is pushing it behind the scenes -  I do believe overall it's not a good idea because they haven't  shown us exactly where they are going to restore the parkland. "

He went on to say that the city has to correct of the "huge difference" in parklands throughout the city in terms of maintenance inequities. 

Phil Konigsberg, said he was disappointed at the responses.

"I would have been good if all the candidates commented on that issue but they were tight-lipped," said Mr. Konigsberg, a member of Save Flushing Corona Park, who attended the forum.  "They all had an opportunity to come out and take the right position.  Liu was singled out (by Lehrer) but they all should have spoken out," he said. 

"I expected at least someone to get up and speak out against taking the park but none of them said anything. I was shocked. This was a sustainable forum after all. "

The issue replacement parkland came up.

"Replacing the park is not an issue for the people fighting to stop these private corporations from taking the land," said Konigsberg. "The park should't be taken in the first place. That's the position the elected officials should be taking and protect it." 

(Photo: Courtesy: The League Of Conservation Voters)

The USTA does not care whether or not they write a check to buy a replacement parcel or put money into a fund.  The parks department owns the land and they are the ones controlling that issue.  

According to Danny Zausner,  USTA's Chief Operating Officer, the parks department has told the USTA they would rather have money.  

According to critics the replacement park issue is being used as cover for elected officials to vote yes on the project. 

The USTA expansion issue goes before City Planning tomorrow where it is expect to be rubber stamped by the Mayoral controlled committee. 

Although the USTA refuses to make the expansion proposal publicly available online despite repeated requests it is available for the first time here.

The Mayoral candidate forum on sustainability was held last night  at Cooper Union's Great Hall in Manhattan. 

Amoung the topics the candidates were questioned about their positions on were parks, waterfront development, traffic congestion, post-Sandy rebuilding.

The evening began with the candidates being asked whether or not they believed as a general principle that man made global warming is real and the city has a responsibly to consider carbon emissions in city policies.

Eight of the nine candidates raised their hands in agreement. One,  John Catsimatidis, president, chairman, and CEO of the Red Apple Group and Gristedes Foods had a different opinion.  

"I think the earth has exited for billions of years,"  Mr. Catsimatidis surmised.  "I'm concerned about global warming but we have to really , really have to study  it to see if it is the result of what we are doing." which was met with audience groans. 

On Sunday State Senator Tony Avella was joined by representatives from a number of civic organizations and park groups including,  Queens Civic Congress, Save Flushing Meadows-Corona Park, Juniper Park Civic Association, West Cunningham Park Civic Association,  Hillcrest Estates Civic Association, Bay Terrace Community Alliance,  Auburndale Improvement Association NYC Park Advocates, and individual members from the surrounding communities who care about our parkland. The press conference was held to protest the proposed further expansion of the USTA Tennis Center into Flushing Meadows Corona Park.

The New York City Planning Commission will hold a public hearing for this project, tomorrow, Wednesday,  April 24th at 10:00 am at 22 Reade Street in lower Manhatan.