USTA Parkland Alienation Bill Introduced Without A Sponsor

Queens/Albany

With just ten days left in the State Senate and Assembly session  "no name" proponents quietly introduced legislation this afternoon to alienate parkland for the United State Tennis Association expansion NYC Park Advocates has learned.

And we mean quietly. The Bill,   S 5663 was introduced without a sponsor, a distinction reserved for legislators unwilling to take responsibly for the legislation.   

"That seems like a way around accountably,"  commented one chief of staff for an Assembly member. 


Relates to leasing of property in the environs of a tennis stadium and center in Flushing Meadows-Corona Park in the borough of Queens and to replace certain descriptions of property subject to such property lease and to rededicate certain property as park land.

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Sponsor: RULES Committee: RULES
Law Section: New York City Administrative Code
Law: Amd S18-128, NYC Ad Cd

S5663-2013 Actions

• Jun 3, 2013: REFERRED TO RULES

S5663-2013 Memo

BILL NUMBER:S5663

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to the leasing of property in the environs of a
tennis stadium and center in Flushing Meadows-Corona Park in the
borough of Queens and to replace certain descriptions of property
subject to such property lease and to rededicate certain property as
park land

SUMMARY OF PROVISIONS:

Section 1 of the bill repeals paragraphs 1 through 3 of subdivision c
of section 18-128 of the Administrative Code of the City of New York
and replaces them with new paragraphs 1 and 2 to indicate new metes
and bounds subject to lease for a tennis stadium and center.

Section 2 of the bill adds a new subdivision d to section 18-128 of
the Code to set forth metes and bounds of two tracts of land being
removed from the tennis stadium and center lease and rededicated, as
park land. Further, it provides that the USTA National Tennis Center
Incorporated (defined as "NTC" in section 18128(a)) may be granted
permission to make exclusive use of the parcels described in new
subdivision d of section 18-128 for the dates of the U.S. Open tennis
tournament, qualifying tournament and for the set up and removal of
structures and equipment associated with the tournament.

Section 3 provides that the act shall take effect immediately.

REASONS FOR SUPPORT:

This bill would amend the Administrative Code of the city of New York
to provide for a .68-acre expanded boundary for the tennis stadium and
center, Billie Jean King National Tennis Center, a public tennis
facility that is part of Flushing Meadows-Corona Park in Queens and to
remove from the boundaries permitted to be leased a total of 1.56
acres. The approval would allow for the disposition of 0.68 acres of
City property by long-term lease to the USTA National Tennis Center
Incorporated ("NTC"), an affiliate of the United States Tennis
Association Incorporated and operator of the tennis center, to
facilitate the improvement and expansion of the tennis center. The
area to be added to the leased premises for the tennis stadium and
center consists of approximately 29,534 square feet (0.68 acres) of an
existing park, Flushing Meadows-Corona Park, and is located along the
southern boundary of the tennis center. The premises currently contain
a landscape border to the tennis center, a park pathway and pathway
median with trees. The park pathway is one of three pathways used by
park patrons to stroll and recreate within the park. The two remaining
pathways will not be affected by the project. The parcel will allow
for the shift of the grandstand stadium and the southern tennis courts
with a fenced, landscaped border to improve safety and circulation, an
essential part of a plan to sustain the long-term viability of the
tennis center as a world class spectator venue and outstanding public
recreational facility.

The NTC proposes to return to the City two parcels of park land that
are currently part of the premises alienated and leased to the NTC.
The replacement park land totals 1.56 acres, comprising a 0.75-acre


landscaped area and 0.81 acres of space for active recreation and
containing 5 tennis courts. These parcels are currently included in
the parcels leased to the NTC. The parcels contain practice tennis
courts used during the US Open and other major tennis tournaments.
The two parcels being removed from the leased property are:

(1) A 1.31-acre parcel located southeast of David Dinkins Circle,
occupied by five tennis courts and 0.5 acres of landscaped areas.
When not in use by the NTC, these courts are used by the City Parks
Foundation, a not for profit organization that provides free and
accessible arts, sports, education and community-building programs
within New York City parks, for lessons, hourly rentals, tournaments,
leagues and special events. A portion of this parcel located along the
eastern edge of the tennis courts is alienated but not included in the
tennis center lease. The area included in the lease is 1.16 acres.

(2) A 0.25-acre landscaped parcel located just beyond the eastern end
of the bank of six tennis courts to the east of the Passerelle.

With the proposed changes, these two parcels of park land would no
longer be alienated land and would be returned to Flushing
Meadows-Corona Park for recreational use under the jurisdiction of the
Department of Parks and Recreation. The tennis center lease would also
be amended, so these parcels would not be part of the tennis center
premises. Other than the tennis courts, the replacement park land is
not fenced, so the landscaped portions of these parcels would be
available as passive open space, accessible to any member of the
public. The NTC would have no control over these parcels, except
during the US Open when they shall have up to 30 days of use of the
five tennis courts. The NTC would remain responsible for maintenance
and repair of the tennis courts on an annual basis, so that they
continue to be available in good condition for public use.

The New York City Department of Parks and Recreation supports the
amendments proposed in this bill, including the addition to the leased
premises of the 0.68-acre parcel as part of the property described in
section 1 of the bill and the removal from the leased premises (and
the re-dedication as park land) of the part of the property described
in section 2 of the bill. In addition, the NTC is committed to
financially support Flushing Meadows-Corona Park and will work with
the Department of Parks and Recreation to facilitate park improvements
to compensate for the 0.68-acre parcel to be added to the NTC leased
premises.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

S5663-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5663

                         2013-2014 Regular Sessions

                              I N  SENATE

                                June 3, 2013
                                 ___________

  Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
    when printed to be committed to the Committee on Rules

  AN ACT to amend the administrative code of the  city  of  New  York,  in
    relation to the leasing of property in the environs of a tennis stadi-
    um and center in Flushing Meadows-Corona Park in the borough of Queens
    and  to replace certain descriptions of property subject to such prop-
    erty lease and to rededicate certain property as park land

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Subdivision c of section 18-128 of the administrative code
  of the city of New York, as amended by chapter 442 of the laws of  1993,
  is amended to read as follows:

    c. The tracts of land referred to in subdivision a of this section are
  more particularly described as follows:

    All  that certain lot, piece or parcel of land, with the buildings and
  improvements thereon erected,  situate,  lying  and  being  in  Flushing
  Meadows-Corona Park in the borough of Queens, city and state of New York 

  bounded and described as follows:  

Julissa Ferreras To USTA - $ Let's Make A Deal On $ 500 Mil. Expansion

Electeds In Pay-To-Play USTA Expansion Scheme


"It is disgraceful these electeds are willing to sell out the community and give away additional parkland in exchange for money that is supposed to come from the government. 
It is their responsibility to fund public parks not private businesses. And Ferreras is on the City Council's parks committee no less."  - Afredo Centola of Save Flushing Meadows-Corona Park. 

Let's Make a Deal.   It is the city’s legal responsibility to maintain its park system which they are clearly not doing.  City, State and Federal officials have gone on the record to say they are willing to support the USTA's controversial $ 500 million dollar expansion into the Flushing Meadows-Corona Park project if they hire union and set up a fund to care for the park.

The expansion would utilize an additional acre of public parkland - not .68 acres - remove more than 400 trees,  bring in an additional 80,000 people, and increase traffic in Flushing Meadows-Corona Park which is already severely impacted by the USTA.  The USTA has been allowed to double its park land holdings since 1993 when they were permitted to expand from 21 acres to 42.  

Park Cash Cow - Last year the USTA generated $ 275 million dollars and gave the city back just $ 2.5 million and while sending millions in "profits" across America.

Queens

By Geoffrey Croft

Councilwoman Julissa Ferreras, whose district includes Flushing Meadows Corona Park has finally shown her cards on the first of the three major controversial commercial projects being proposed in Queens's flagship park.  

The councilwoman, along with a State and Federal colleague indicated they are willing to support the United State Tennis Association's  $ 500 million dollar expansion into the park if they use union labor and establish a fund dedicated to maintaining the severally under resourced park. 

The elected officials said the concessions recommended would “go a long way in mitigating our concerns,” according to a February 22nd letter signed by Rep. Joseph Crowley (D-Queens, Bronx),  Assemblyman Francisco Moya (D-Jackson Heights) and City Councilwoman Julissa Ferreras (D-East Elmhurst) and obtained by NYC Park Advocates.

Julissa Ferreras's support for the controversial projects could be crucial as other elected officials generally vote in line as the council member who's district the project is in.  

It is the city’s legal responsibility to maintain its park system which they are clearly not doing.  The city continues to try and abdicate its responsibilities by entering in these agreements which the elected officials are not only allowing but actively encouraging.   Besides the enormous disparity these deals create, they also hand over an enormous power and decision and policy to these groups with little transparency and accountability on what is supposed to be public land.

Each year our elected officials allocate a fraction of the necessary funds  needed to properly maintain, program and secure our public parks. Instead of properly funding parks many elected officials have attempted to pass the responsibility off on private groups or concessions. 

"It is disgraceful these electeds are willing to sell out the community and give away additional parkland in exchange for money that is supposed to come from the government," said Afredo Centola of Save Flushing Meadows-Corona Park. 

"It is their responsibility to fund public parks not private businesses. And Ferreras is on the City Council's parks committee no less."  

Critics of the cash for public park land swap deal are also concerned that this will be an indication of things to come as two enormous commercial proposals are  also planned for the park,  including a 1.4 million sq.ft  mall next to Citi-Field and 35, 000 seat Major League Soccer stadium and concert hall. 

The exploitation of the Hispanic population has also been raised by critics of the plan. 

"I find it repulsive that our Hispanic representatives in particular are selling out the very people who will be most negatively affected by these thefts," Afredo Centola continued.  

"During the summer months almost all of the youth soccer leagues that utilize FMCP are Hispanic leagues, from Hispanic communities within their districts.  Most of the people using the park are from their districts. Almost all of the cultural and Independence Day festivals held in the park are from the very same communities these electeds represent. 

Yet here they stand in agreement?   Shame in them for selling out their constituents and their ethnicity. " 

The City and the USTA were strongly criticized last Summer when it was publicly revealed in a number of media accounts that the city had banned thousands of amateur soccer players from using Flushing Meadows-Corona Park during the U.S. Open.  The leagues,  primarily made up of immigrants,  were informed that they would not be issued permits between August 25 - September 10th. The city then back-pedalled a bit following the media attention including a front page story in El Diario newspaper. 

The city said the leagues could play but only when the NY Mets were out of town during the Open. 

  

“During those days where there is overlap of these major sporting events,  we will not be able to issue any permits, ” a parks department  spokesperson said.

U.S. Tennis Association spokesman Chris Widmaier said the group’s lease with the city prohibits most activity in the park during the Open due to the size of the crowds and amount of traffic. "

Both the Parks Department and the USTA have desperately tried to distance themselves recently from these events during public meetings surrounding the USTA expansion.  In a carefully worded flier currently being distributed by the USTA to community boards entitled  Fact or Fiction the tennis giant says they never prevented community soccer leagues from playing during the U.S. Open and has never asked the Parks Department to deny permits either. 

The tennis group takes no responability for denying the public access to the fields during the U.S Open because they didn't  specifically request it. 

At a Community Board 7 meeting two weeks ago Flushing Meadows-Corona Park Administrator Janice Melnick even went so far as to deny that teams were even denied access. 

The USTA plans to build a 15,000-seat stadium and an 8,000-seat stadium, as well as two parking garages. The  proposed project would remove more than 400 trees.  The proposed expansion project would add 0.94 acres of public parkland to the National Tennis Center (NTC) site under a long-term lease, including the 0.68-acre Project Area that would be leased pursuant to the application, plus 0.26-acres of park land that was authorized for disposition to the USTA on August 2, 1993.

The USTA has been allowed to double its park land holdings since 1993 when they were permitted to expand from 21 acres to 42 -  public land that is leased from the Parks Department.   At the time the USTA said they would not ask the city for any additional land in the future. 

The park land grab expansion is part of the National Tennis Center "Strategic Vision."

Read More: 

CB 7 Votes To $ Make Deal In USTA Land Grab

A Walk In The Park - March 4, 2013

CB 3 Committees Reject USTA Expansion - After Earlier CB Trouble Confirming Meeting
A Walk In The Park -  March 5, 2013