Markowitz Blaming Everyone Else Over Loss Of Asser Levy Park Concerts

After violating the law for nineteen years by holding his concerts within 500 feet of houses of worship, Brooklyn Borough President is still intent on blaming others for having to move his concert series.

"It is quite sad that a small group of disgruntled people are determined to destroy the Seaside Summer Concert Series that has entertained hundreds of thousands of Brooklynites and New York City residents for over 30 years, " he said in statement on Thursday."

Brooklyn

A popular Brooklyn summer concert series is on the move to a new location, after an ongoing lawsuit was filed seeking to stop the shows. Borough reporter Jeanine Ramirez filed the following report.

The Seaside Summer Concert Series have been in Asser Levy Park since 1991, but not this summer. As first reported on NY1, the city dropped the park as a venue this year, to help settle a lawsuit by nearby residents about the noise.

Their lawyer, Norman Siegel, said Thursday that that is not enough.

"The question then becomes what about 2012, 2013?" said Siegel.

Lawyers from both sides met Thursday to work out the details.

Plaintiffs do not want the park used for any event with amplified sound because two synagogues are less than 500 feet away, which violates city noise code. They also want to be reimbursed for money spent trying to prove their case.

"We had to hire an expert who would go to the concerts and would measure the decibel level of the noise and then compare it to the law," said Siegel.

The concert series is the brainchild of Borough President Marty Markowitz, who along with the city, was named in the lawsuit.

On Thursday his office issued a statement that said, "It is quite sad that a small group of disgruntled people are determined to destroy the Seaside Summer Concert Series that has entertained hundreds of thousands of Brooklynites and New York City residents for over 30 years."

Lawyers for the group disagreed.

"This lawsuit was not an anti-concert lawsuit. This lawsuit is about where these concerts take place," said plantiffs' lawyer Herbert Teitelbaum.

The issue should be resolved by the end of the month. Both sides are due back in court on April 26.

Markowitz vows the shows will go on somewhere else, but still in Coney Island.

Read/View More:

Ongoing Case On Brooklyn Concert Series Hits A Sour Note

NY 1 - April 7, 2011 - By Jeanine Ramirez

Markowitz's Controversial Seaside Park/Asser Levy Concerts Moving This Summer

A Walk In The Park - April 1, 2011

Markowitz's Controversial Seaside Park/Asser Levy Concerts Moving This Summer

Update:

The city has agreed to move Brooklyn Borough President Marty Markowitz's Summer Concert Series from Asser Levy/Seaside Park this summer. The new location is expected to be announced this week. City sources tell us the parking lot of the New York Aquarium is not one of the two locations being considered. The next scheduled court conference regarding the lawsuit is on April 7, 2011. - Geoffrey Croft

Brooklyn

NY1 has learned exclusively that Brooklyn's Seaside summer concert series, traditionally held in Coney Island's Asser Levy Park may be moving to a new location.

A brainchild of Brooklyn Borough President Marty Markowitz, the concerts have been attacked by some residents for being too noisy….and too close to several synagogues in the area.

Sources say other possible locations for the concerts include the parking lot of the New York Aquarium. The concerts have been held in Asser Levy park since 1991.

NY1 Follow-Up: Seaside Concert Series On The Move

NY1 News - March 31, 2011

Markowitz’s Coney Is. concerts could be leaving Asser Levy Park

New York Post - The Brooklyn Blog - April 1, 2011 - By Rich Calder

City officials nix Coney Island summer concerts at Asser Levy Park

New York Daily News - April 1, 2011 - By Erin Durkin

City will move Marty’s concerts from Asser Levy Park

The Brooklyn Paper - April 1, 2011 - By Alex Rush

Background

A lawsuit was filed on June 17, in Brooklyn Supreme Court on behalf of two synagogues seeking to prevent the City of New York and Brooklyn Borough President Marty Markowitz from violating a long-time law forbidding amplified concerts within 500 feet of a house of worship, schools, hospitals, and courthouses. On June 29th, 2010, the City Council passed a bill which excluded Asser Levy/Seaside Park from the law. The bill to change the existing law was hastily introduced by Queens Council Member Peter Vallone at the request of Mayor Bloomberg The amendment was a clear end-run around the existing law. Since 1991 Mr. Markowitz has sponsored an annual concert series in Asser Levy/Seaside Park, in Brighton Beach Brooklyn.

In violation of the law, these concerts have coincided with the hours of worship of Plaintiff Congregation Sea Breeze Jewish Center and with the hours of worship of Plaintiff Congregation Temple Beth Abraham. The two synagogues are approx. 300 feet away.

The suit was brought against defendants the City of New York and Brooklyn Borough President, Martin Markowitz, with regard to the violation of Title 10, Chapter 1, Section 10-108 (g) of the New York City Administrative Code, and Title 38, Chapter 8, Section 8-06 of the Rules and Regulations of the City of New York (together, the “Code”), which prohibit the use of electronic sound amplification equipment at any location within 500 feet of houses of worship during hours of worship. Plaintiffs are directly and adversely affected by the Defendants’ annual operation of the Parks Department band shell in Asser Levy Park, which comes within 500 feet of Plaintiffs’ houses of worship, as a concert and event venue using electronic sound amplification equipment.

Electronic sound amplification equipment is used during the concerts. Mayor Bloomberg and Brooklyn Borough President Marty Markowitz want to build a $64 million, eight thousand seat amphitheater in Asser Levy/Seaside Park, right across the street from Sea Breeze Jewish Center and Temple Beth Abraham. - Geoffrey Croft

Read More:

Markowitz's Hoping to Continue To Use "Chain Gang" For Concert Series

A Walk In The Park - August 26, 2010

Markowitz Using Chain Gang For Concert Series

A Walk In The Park - August 16, 2010

Markowitz Concerts Significantly Violate New City Sound Law: Mayor Goes Back On Promise

A Walk In The Park - August 19, 2010

Markowitz's Concerts Are Too Loud

A Walk In The Park - July 24, 2011

Mayor Delays Markowitz's End Run Concert Legislation For A Day

A Walk In The Park - July 13, 2011 - By Geoffrey Croft

Bloomberg To Synagogues - Adjust Your Service Times To Accommodate Markowitz Concerts

A Walk In The Park - July 1, 2010

Tempers Flare At City Council Hearing On Markowitz's Asser Levy Park Concert Sound Permit Law Amendment

A Walk In The Park - June 25, 2010

Markowitz In End-Run Around Sound Permit Law In Asser Levy Park Concert Fight - Enlists Powerful "Friends"

A Walk in The Park - June 24, 2010

Marty Markowitz Sued Over Asser Levy Park Concerts

A Walk In The Park - June 17, 2010

Design Commission Vote Delay On Markowitz's $ 64 Million Asser Levy Amphitheater

A Walk In The Park - December 15, 2009 - By Geoffrey Croft

Free Speech Flap in Asser Levy Park. DPR Deems Five People "Organized Assembly." Parks Department Gave Out "False Information" NYPD Speculates

A Walk In The Park - July 30, 2009 - By Geoffrey Croft

Markowitz's Hoping to Continue To Use "Chain Gang" For Concert Series

Prisoners from Rikers Island have been assembling and disassembling the thousands of chairs used in the summer concerts at Asser Levy Park as part of a labor assignment.  Brooklyn Borough President Markowitz said he began using prison labor as a cost saving measure after singer Curtis Mayfied sued when he was paralyzed in 1990 when stage lighting equipment fell on him during a Markowitz sponsored concert at Wingate Field.

BROOKLYN

Brooklyn Borough President Marty Markowitz's chain gang isn't on death row yet, according to the New York Post.

Both the Beep and the city Department of Corrections today shot down a published report claiming DOC is cutting the cord next year on supplying Rikers Island inmates to set up tables and chairs at Markowitz’s annual summer concerts series in Coney Island and East Flatbush.

Debra Garcia, who runs the nonprofit group that organizes the concerts, said it plans to “seek assistance again” in 2011 from city inmates. If that fails, it would try tapping into free labor from state or federal inmates.

DOC spokesman Sharman Stein declined to say whether the Riker’s Island inmates would be offered next year because the Beep's concert promoters have yet to formally ask about 2011, but she added “we were happy to help this year.”

Garcia said she has not been informed that the city prisoners won't be available next year.

The concerts, held at Asser Levy Park in Coney Island and Wingate Park in East Flatbush, had quietly relied on state prisoners for nearly two decades until state cuts led to city inmates being tapped this year.

The practice of bussing in inmates suddenly became controversial after it was adopted as an issue by Brighton Beach residents fighting a planned new $64 million amphitheater at Asser Levy Park, fearing it will attract bigger, nosy crowds.

Residents also said the Riker’s inmates bright red-and-white-striped jumpsuits made them stick out, causing some concern about safety issues.

Brooklyn Borough President Marty Markowitz is hoping to  continue to use prison labor for his two concert series.  (Image: The Brooklyn Paper "Chain Gang" cartoon - August 19, 2010)

Read More:

Markowitz hoping to keep his chain gang for concerts series

New York Post - The Brooklyn Blog - August 26, 2010 -  By Rich Calder

Marty’s ‘chain gang’ is labor pain!

The Brooklyn Paper - August 19, 2010  

Markowitz Using Chain Gang For Concert Series

A Walk In The Park - August 16, 2010 

Markowitz Concerts Significantly Violate New City Sound Law: Mayor Goes Back On Promise

July 29, 2010 - Asser Levy/Seaside Park. City employees, and a private audio consultant take decibel measurements outside the concert.  (Photos: © Geoffrey Croft/NYC Park Advocates) Click on photos to enlarge.

Brooklyn

Brooklyn Borough President Marty Markowitz concert series at Asser Levy/Seaside Park significantly violated the new sound code.  According to sound readings taken at the July 29th concert the music exceeded the "typical ambient sound level of 57.8 dBa by 20-32 dBA, far higher then the 'under-10 dBA' specified by law."

The new sound law provides that sound attributable to a sound devise "shall not exceed a level of 10 dB (a) or more above the ambient sound level as measured at a distance of 15 feet from the point on the perimeter upon which structure is located that is closest to the sound device or apparatus."

Lawyers for the plaintiffs sent a letter to the City's Corporation Council on August 3, 2010 with a report of the results.  "As the testing results contained in the enclosed report demonstrate, the sound level at the July 29th concert significantly violated the Code, as amended."  The August 3rd letter asked what the City's plans were regarding the continued use of Asser Levy Park in violation of the Code's amplified sound restrictions. The letter also provided the Mayor with the opportunity to stand behind his commitment to cancel any future concerts if they violated the new sound code as he stated on July 12th. 

On July 12 at City Hall Mayor Bloomberg said, "I can promise you that I will at city expense make sure that the standards in this bill as passed by the City Council are followed.    If in the middle of a concert that's going on and its too loud no we're not stop the concert but they will not have another one. I think that's a fair thing.  We don't need a riot we don't need people to be so disappointed but I empress on the borough president  that we are deadly serious and we're going to enforce this."  

The City admitted the concerts violated the new sound law on multiple nights in an August 11, 2010 letter from the City's Law  Department to the plaintiff's attorneys. "...readings taken by City personnel during the performances on July 29 and August 5th indicated sound levels above the permitted level on a number of occasions during the hours of worship identified by the plaintiffs. This information has likewise been conveyed to the Mayor's office."  

In a stipulation between the City and the Plaintiffs, the City has agreed that the promoter must present a plan to the City detailing the specific steps it will take to ensure compliance with the law for the remaining two concerts to be held on August 19th, and 26th.  A copy of the promoter's plan must be delivered no later than 5:00pm two days before the remaining concerts. 

The City is required to monitor the concerts before and during the concerts. According to the agreement,  if the promoter exceeds the permitted levels prior or during the concerts  and if after being informed does not take immediate measures to correct it, the City will consider terminating the concert, subject to safety concerns. The agreement further stipulates that If the promoter exceeds the permitted levels and the conditions are not immediately corrected on the 19th,  the City will not authorize the future use of amplified sound by the promoter in 2010, whereby canceling the August 26th concert.  

"I am so disillusioned with the Mayor," said plaintiff Ida Sanoff.  "Everyone who attended the bill signing believed that he would do as he said - stop the concerts if they violated the law. But instead, he's just giving us the run around. I guess it's another example of the old boys network - Bloomberg is letting his good buddy Markowitz get away with everything."

"I am extremely upset over our Borough President flouting of the law, "  said Mendy Sontag, president of the Sea Breeze Jewish Center. "I am extremely saddened that the Mayor of the greatest city in the United States has broken his promise to make our politicians adhere to our laws."

 

July 29, 2010 - Asser Levy/Seaside Park 

Background:

A lawsuit was filed on June 17, in Brooklyn Supreme Court on behalf of two synagogues seeking to prevent the City of New York and Brooklyn Borough President Marty Markowitz from violating a long-time law forbidding amplified concerts within 500 feet of a house of worship, schools, hospitals, and courthouses. On June 29th, 2010, the City Council passed a bill which excluded Asser Levy/Seaside Park from the law.  The bill to change the existing law was hastily introduced by Queens Council Member Peter Vallone at the request of Mayor Bloomberg  The amendment was a clear end-run around the existing law.  Since 1991 Mr. Markowitz has sponsored an annual concert series in Asser Levy/Seaside Park, in Brighton Beach Brooklyn.

In violation of the law, these concerts have coincided with the hours of worship of Plaintiff Congregation Sea Breeze Jewish Center and with the hours of worship of Plaintiff Congregation Temple Beth Abraham. The two synagogues are approx. 300 feet away.

The suit was brought against defendants the City of New York and Brooklyn Borough President, Martin Markowitz, with regard to the violation of Title 10, Chapter 1, Section 10-108 (g) of the New York City Administrative  Code, and Title 38, Chapter 8, Section 8-06 of the Rules and Regulations of the City of New  York (together, the “Code”), which prohibit the use of electronic sound amplification equipment  at any location within 500 feet of  houses of worship during hours of worship.  Plaintiffs are directly and adversely affected by the Defendants’ annual operation of the Parks Department band shell in Asser Levy Park, which comes within 500 feet of Plaintiffs’ houses of worship, as a concert and event venue using electronic  sound amplification equipment.

Electronic sound amplification equipment is used during the concerts. Mayor Bloomberg and Brooklyn Borough President Marty Markowitz want to build a $64 million, eight thousand seat amphitheater in Asser Levy/Seaside Park, right across the street from Sea Breeze Jewish Center and Temple Beth Abraham. 

Read More: 

City to Marty: Your concerts are too noisy!

The Brooklyn Paper - August 25, 2010  - By Stephen Brown 

Coney Island summer concert still too loud

New York Post - August 19, 2010 - By Rich Calder

Markowitz Using Chain Gang For Concert Series

Prisoners from Rikers Island have been assembling and disassembling the thousands of chairs used in the summer concerts at Asser Levy Park as part of a labor assignment — a practice that has some local residents on edge.

BROOKLYN

Call it Marty’s chain gang!

Two busloads of prisoners from Rikers Island — wearing matching red- and white-striped jumpsuits — have been setting up and breaking down the chairs used this summer for Borough President Markowitz’s controversial concerts in Coney Island’s Asser Levy Park, according to The Brooklyn Paper .

The inmates aren’t a threat to public safety, according to the city — but they are a heck of a bargain for Markowitz.

“It saves me money, that’s the motivation for having them!” said Debra Garcia, who is in charge of the Beep’s concerts. “It saves about a few thousand dollars a week.”

Under the “Cool Hand Luke”-style program, the inmates set up 2,000 seats at the front of the park’s bandshell near Surf Avenue and West Fifth Street hours before the show. The next morning, the inmates are returned to the spot to collect the chairs.

The work detail for prisoners — which also takes place at Wingate Field in Crown Heights as part of Markowitz’s Martin Luther King Jr. concert series — appears to be the only one of its kind in Brooklyn.

A Department of Correction official said that there are only two other chain gang-style work crews in the city — both near Rikers Island.

Markowitz had taken advantage of the discounted labor-in-chains through the state prison system for at least the last 15 years, beginning when he was a state senator. But that font of labor ran dry this year as part of state budget cutbacks.

“The total cost is typically more than $60,000 a crew,” explained Erik Kriss a spokesman with the state’s Department of Correctional Services, explaining why the program was cut.

After the state cutback, Markowitz went to the city’s jail system for help setting up his weekly music extravaganzas, which this year have featured George Thorogood and the Beach Boys.

It is unclear why Markowitz’s concerts are the only events in Brooklyn that get the benefit of prison labor.

But there is no doubt that the concerts have highlighted the Beep’s political savvy and influence — it was only three months ago that Mayor Bloomberg scrambled to pass a temporary measure that allowed the shows to proceed, despite an apparent violation of city law barring amplified noise within 500 feet of a house of worship.

Read More:

Workin' on a chain gang... at Asser Levy Park

Bay Currents - August 17, 2010 -  By David J. Glenn

B'klyn Beep has cons work concerts 

New York Post -  August 17, 2010 - By Rich Calder

Marty’s prison labor! Beep’s concert series gets inmates to cut costs

The Brooklyn Paper - August 16, 2010 - By Stephen Brown 

Marty Markowitz Uses Chain Gangs to Save Money at Controversial Concert Series

New York Observer -  August 16, 2010

Markowitz's Land Grab - $64-Million Amphitheater Plan Mocks Democracy

BROOKLYN

Courier-Life Editorial

 

Community Board 13, half of whose members are appointed by Markowitz, has refused to take a position, even as hundreds of neighbors of Asser Levy Park have protested repeatedly.

The main issues are clear: Markowitz’s glitzy amphitheater would absorb nearly all of the grass recreation area inside the park, replacing it with a concrete seating area and a raised lawn that is off limits to soccer or football players.

In addition, neighbors worry that amplified music will create a disturbance — especially on weekends when two area synagogues are filled.

Make no mistake, if city planners were forced to listen to every little complaint, nothing would ever get built in this polyglot town.

But we believe that the opponents have good reason for objecting to Markowitz’s legacy project.

Face it: There is no question that Markowitz is dumping this amphitheater in Asser Levy Park without a full vetting. The project is not undergoing the city’s normal public review process, and the Parks Department will select an operator without public discussion.

Read More:  

Marty's 'Potato Chip' is a land grab

Borough President Markowitz's $64-million amphitheater plan mocks democracy.

Courier-Life - April 28, 2010 

No $ 64 million Amphitheater Without Environmental Review Says Design Commission

Artist rendering of  proposed concert amphitheater at Asser Levy Park on Surf Avenue.

BROOKLYN

Borough President Marty Markowitz’s drive to build his new $64 million “Coney Island Center” at Asser Levy Seaside Park will not go forward until an environmental assessment is done, according to The Bay News. 

The mayor’s office confirmed this week that the Design Commission will not vote on the amphitheater project without benefit of the assessment.

Borough Hall had hoped to begin construction on at least part of the park project by now, even though it remains unclear whether the overall plan will ultimately be subjected to the Uniform Land Use Review Procedure (ULURP).

Read More:

No 'Coney Island Center' without environmental study

Bay News - December 21, 2009 - By Joe Maniscalco

A matter of pride, Residents call on CB13 to have greater role in amphitheater talks

Bay News - December 21, 2009 - By Joe Maniscalco and Michele De Meglio 

Marty's amphitheater worries commission 

Bay News - December 16, 2009 - By Joe Maniscalco

 

City Design Commission puts Coney amphitheater vote on hold

New York Post - The Brooklyn Blog - December 14, 2009 - By Rich Calder

Free Speech Flap in Asser Levy Park. DPR Deems Five People "Organized Assembly." Parks Department Gave Out "False Information" NYPD Speculates

Left: Residents were prevented from distributing fliers on two separate occasions in Asser Levy/Seaside Park in Brooklyn.

On July 16, five Brighton Beach residents were prevented by the NYPD from handing out flyers and collecting signatures in opposition to Marty Markowitz's $64 million plan to build a 8,000 seat tax paxer funded amphitheater in the middle of a residential park and community. The residents were told by the NYPD they had to go outside of Seaside Park in Brooklyn. This was the second time opponents of the plan were prevented from distributing fliers inside the park.

When contacted by Bay's New's Joe Maniscalco who witnessed the incident, Parks Department flak Phil Abramson said, “Generally, people can hand out leaflets [inside the park]. In this case, it was deemed an organized assembly which does require a permit.” 1st Amendment flap at seaside Summer Concert Series.

Mr. Abramson apparently declined to say exactly who "deemed" five people in a 7 acre park an organized assembly - Alessandro Olivieri, Adrian Benepe, Corp. Council, Marty Markowitz?

After the incident NYC Park Advocates (NYCPA) contacted the New York Civil Liberties Union (NYCLU) who arranged a meeting the following week between NYPD's legal department and a representative from the community and NYCPA. The NYPD lawyer reaffirmed what was very clear - such activity was protected under the First Amendment and perfectly legal.

"You have absolutely every right to do that," the lawyer said before apologizing. "Most likely what happened was that we were given false information by the parks department."

It would be helpful if the Bloomberg admimisration held the parks department accountable the instructed to gave out accurate information to the press, and not to mention in this particular case to the police department. We hope this isn't the beginning of Phil Abramson's road to mimicking predecessor Jama Adam's behavior in the veracity department. We hope.

Just because the mayor does not demand accountability from the parks department doesn't mean the public feels the same way.

A thank you to the NYCLU and the NYPD's legal department for helping to solve this matter.


Read More:

1st Amendment flap at seaside Summer Concert Series
Yournabe.com - July 22, 2009