Friday, December 11, 2009

Condo critics not ready to welcome city control of park

The Bloomberg administration’s goal of assuming control of the development of Brooklyn Bridge Park from the state and infusing it with $55 million has not assuaged critics who don’t want to see luxury condos erected on site of the public park – even if it amounts to only 10 percent of the acreage, according to Courier Life.

Downright incredulous and aghast is how many who packed an unsuitably cramped Long Island College Hospital conference room earlier this week for a meeting with Parks Department officials reacted as city officials held steadfast to the creation of private housing as a means of covering the public park’s projected $15 million annual maintenance costs.

“I don’t understand how you can proceed as if the last 15 months [of economic decline] have not happened,” one exasperated observer declared.

Parks Commissioner Adrian Benepe insisted that the city is actually open to other sources of revenue to fund the new park, but subsequent statements by both he and other administration officials at the meeting rendered that declaration dubious at best.

“We believe that housing is the right solution,” an aide to Deputy Mayor Robert Lieber said at one point.

Benepe elicited audible moans and groans when he suggested “Many parks are boarded by very tall housing.”

Read More: 

Courier Life - December 10, 2009 - By Joe Maniscalco

The Brooklyn Paper - December 8, 2009 - By Andy Campbell

On Brooklyn Bridge Park, Condos vs. Open Space

New York Daily News - December 7, 2009 - By Mike McLaughlin & Erin Durkin


Tuesday, December 8, 2009

City Residents Gain 307-Acre Waterfront Park - Cedar Grove Beach Bungalows Site to Become Public Park

STATEN ISLAND

The city Parks Department said it plans to remake a large, privately leased stretch of New Dorp Beach and open it to the public -- effectively ending for 41 families a long tradition of summering on the shores of Staten Island, according to the Staten Island Advance. 

The move is likely a death blow to the private Cedar Grove Beach Club, which turns 100 in less than two years, whose members lease the land there from the city and decamp each summer to ancient but neatly kept waterfront bungalows.

But ending the private lease could be a boon to Islanders. 

Parks was not able to release details late today, except to say that the shoreline and adjacent meadows used each summer by the beach club will be spruced up with amenities, opened to the public and linked to nearby Oakwood and New Dorp beaches. 

That means Cedar Grove residents won't be returning next summer, and the beachfront bungalows, some of which have been passed down to generations of family members, eventually will be razed. 

The club's most recent four-year lease for the sprawling 300-acre bucolic site, which is located near the foot of Ebbitts Street, expires at month's end and has been under review by the city Parks Department for several months. 


Read More: 

Cedar Grove Club loses its city lease                                                                                                            Staten Island Advance - December 7, 2009 -  By Karen O'Shea                                                                                       

Photo slideshow: Cedar Grove beach bungalows to give way to public park                                                   Staten Island Advance - December 8, 2009  





Monday, December 7, 2009

High Line Artist Arrested - Again: FOH & DPR Protecting Future Concession Revenue?

(Left): Robert Lederman surrounded by PEP officers, was arrested on Sunday for selling art on the High Line esplanade in Chelsea.  The City is currently  negotiating a sole source concession agreement with the Friends of the High Line (FOH) which  would allow the  group to keep revenue from items sold on the park property. The FOH and the City would not be entitled to revenue  from artists such as Mr. Lederman  if they were allowed to sell at the park.   

Robert Lederman and a fellow artist Jack Nesbitt were arrested shortly after 12:00pm on Sunday afternoon on the High Line esplanade in Chelsea.  This was Mr. Lederman's 43rd arrest related to artist vending in parks and his second arrest on the High Line in two weeks. According to Mr. Lederman the officers told him that the arrests were directly ordered by Parks Commissioner Adrian Benepe. An audio tape of the incident reveals the officers actions were sanctioned by the parks department's legal department. 

The incident was captured  on video and posted on YouTube. In the almost 9 minute video, Mr. Lederman, wearing a yellow STOP HARASSING THE ARTISTS sign, is seen calmly talking to Park Enforcement Patrol (PEP) officers throughout the ordeal.  

"Let me show you something," Mr. Lederman said while surrounded by a phalanx of officers in front of his vending table. "This is a memo from the PEP commander, OK, Raymond Brown, that says what the rights of artists are to sell in parks. I can sell in any park in New York City.  I'm set up here completely legally. I have a legal sized display, as you can see I'm completely out of the walkway, I'm not blocking anything. Nothings on the floor. And I have this PEP memo that says I can sell.  So if you give me a summons you are violating  a federal court order and I will sue you. I'd prefer not to. I'm not here to make any trouble. I'm here to exercise my constitutional rights as seven different courts ordered I'm allowed to do in parks." 

Mr. Lederman goes on to explain if the officer's superiors are ordering them to illegally write summons or arrest people they are not obligated to comply.  He is seen repeatedly trying to explain that artists are allowed to sell in parks without a permit. 

 "As I've explained there is a difference between this park and other parks," replies PEP Inspector Robert Reeves, seen in the video wearing a light blue parka. 

"Show me in writing in the parks rules where there's any reference to I can't sell on the High Line." Mr. Lederman responds.  "The sign that's downstairs says no un-permitted vending it doesn't say no vending.  And I'm exempt from the permit.  You don't need to be a lawyer to understand this."  (The video does not show the inspector producing any document)

"Based on a conversation with our legal department," Inspector Reeves replies,  "I'm here to tell you..." Mr. Lederman interrupts "Your legal department which has arrested me 35 times before and lost every lawsuit I've thrown up." 

The audio quality on the YouTube video is uneven.  A separate audio tape made at the scene and obtained by A Walk In The Park however is very clear.  On that recording PEP Inspector Reeves is clearly heard saying the officers actions were " based on a conversation with our (the parks department's) legal department."  The tape matches up to YouTube video posted on line.

The video shows Mr. Lederman's table set up in one of the High Line's tunnels which  are approx. 60 feet wide. 

"I told them I deliberately picked the widest place I could find. Its much wider than any sidewalk.  A big sidewalk is twenty feet, but sixty feet is like a whole street.   

"It huge, its a wonderful spot." 

In the video Mr. Lederman is heard saying he intends to come back again and again. While Mr. Lederman is being cuffed, Inspector Reeves turns his attention to Jack Nesbitt who is filming.  He informs him if he does not leave he will be placed under arrest as well. Mr. Nesbitt declines to leave. 

"We have another person then," the inspector says.  

The video winds down with Mr. Lederman being lead away in handcuffs. "This is how New York City treats artists," he says.  "Violating our rights. Violating the constitution. Falsely arresting us. Violating a federal court order."

A few days after Mr. Lederman's first arrest on November 21, the DPR issued the following statement:  “The High Line is a unique public space, a thin elevated corridor at less than three acres with pathways as narrow as eight feet wide in some places.  Many activities are prohibited.  These include biking, skateboarding, throwing a baseball or a Frisbee, or walking a dog. The High Line can receive as many as 25,000 visitors on a busy day, walking along its long linear surface surrounded by fragile new plantings.  Mr. Lederman and other vendors are able to ply their trade in hundreds of New York City parks and on hundreds of miles of city streets, where visitors can linger and enjoy their wares.”  

The usually press-friendly Friends of the High Line (FOH) refused to comment on the incident and instead left the DPR to fend for itself. 

(Left): Artist Robert Lederman and  fellow artist  Jack Nesbitt (not pictured) in the back of a parks vehicle flanked by a PEP officer.

Reached by phone Mr. Lederman said Inspector Reeves had arrested him numerous times in front of the Metropolitan Museum of Art in 1998.  Mr. Lederman was told by at least one officer on Sunday that the decision to arrest him was made by Park Commissioner Adrian Benepe and the DPR's legal council (Alessandro Olivieri).   Mr. Lederman also said Inspector Reeves claimed he was just following orders.   

"They arrested me for disorderly conduct and failure to comply. And obviously the only disorderly thing I was doing (according to them) was that I was vending my art. I'm standing there talking to them showing them parks department official documents about why I can be there.  Nothing disorderly about that. No judge is going to think I was disorderly.  I think they want to go to court. They obviously seem to want to."

"If they think they are discouraging me they're wrong," he continued. "Even if I don't go back there guess what,  people are going to start going there to sell art."

The Parks Department failed to respond to requests for comment.

Read More:

The Villager - December 9, 2009 - By Lincoln Anderson

Editorial -The Villager - December 9, 2009


Gothamist - December 7, 2009 By Jen


Statement from Mr. Lederman: (December 6, 2009) 

ARTIST President Robert Lederman and ARTIST member Jack Nesbitt were both arrested on the Highline Sunday, 12/6/09 at approximately 12:30 PM. Lederman was previously arrested on the Highline on November 21
and issued 5 summonses for vending without a Parks permit.

In today’s arrest, the artists were handcuffed by 5 Parks Enforcement Patrol officers (PEP), taken to the 6th Precinct, held in a cell, and later released with two Criminal Court summonses given to each artist for disorderly conduct and failure to comply.

Lederman and Nesbitt are both plaintiffs in a Federal lawsuit (Lederman et al v Giuliani decided in 2001) which overturned the Parks permit requirement for artists. Since 2001 visual artists may sell in all NYC Parks without needing any license or permit.

Today’s arrest was the 43rd for Lederman. He has never been convicted and has won 5 Federal lawsuits about about street artists’ First Amendment rights.

The PEP officers were led by Inspector Robert Reeves. The arresting officers stated that the arrest was directly ordered by Parks Commissioner Adrian Benepe.

A video of the arrest is available on Youtube at this address:
http://www.youtube.com/watch?v=KcHH5TwA7zw

Still photos are available here:
http://www.flickr.com/photos/street_artist/?saved=1

Below are links to official Parks Department documents, the Federal court ruling and other materials proving that artists can legally sell in any NYC Park. There is also a link to materials from the Friends of the Highline website showing that it is a 100% public, city owned
park.

Lederman and Nesbitt are represented by attorney Julie Milner, who plans to file a Federal civil rights lawsuit this week about these arrests. The defendants will be the City of NY, The Parks Department and the Friends of the Highline.

Robert Lederman issued the following statement after being released:

“What the public and the media should ask the Mayor, Commissioner Benepe and the Friends of the Highline is this:  If this is a public park, doesn’t the First Amendment, the Federal Court rulings and the laws of the City of NY, all of which exempt First Amendment protected
street artists from any license or permit, mean that you cannot keep on falsely arresting artists for not having a park permit? And if the Friends of the Highline is advertising that they have a food vending concession up there already and plan to have more, and they also sponsor numerous art shows on the Highline, how can they legally ban First Amendment protected artists? We were arrested today as criminals, but the sad reality is that we are the ones upholding the law. It is the Mayor, the Parks Commissioner and the Friends of the Highline that are committing the only criminal act associated with these arrests. They are in blatant contempt of court.”

Contact:
Robert Lederman
artistpres@gmail.com

Parks Commissioner, Adrian Benepe Adrian.Benepe@parks.nyc.gov
212 360-1305 Alessandro.Olivieri@parks.nyc.gov (Parks legal counsel),
212 360-1313
Deputy Commissioner Kevin Jeffrey, Parks Enforcement
kevin.jeffrey@parks.nyc.gov
212 360-1381
Friends of the Highline
(212) 206-9922
General Email
info@thehighline.org
Attorney Julie Milner
646 733-8658

Highline Park rules and info proving it is a public park
http://www.mediafire.com/?jquw20znqwx

Highline Park website
http://www.thehighline.org/

Public art exhibitions on the Highline
http://www.thehighline.org/about/public-art

Parks Dept memo to PEP officers on street artists being able to sell
in all NYC parks
http://www.mediafire.com/imageview.php?quickkey=zdgokmzkela&thumb=4
http://www.mediafire.com/i/?rnnomwng1tr

Street artist Federal court rulings
http://www.mediafire.com/?ihzato0xjct

NY Times on Parks Department artist permit ruling
http://www.mediafire.com/imageview.php?quickkey=n5y0mvezjjm&thumb=4

NY Post on street artists in parks Federal Court ruling
http://www.mediafire.com/i/?fjemmnnnmom

ARTIST website (all vending laws, documents, media coverage etc
regarding NYC street artists)
http://groups.yahoo.com/group/nycstreetartists/

Street artist videos
http://www.youtube.com/profile?user=artistpres

Parks Dept spokesperson, Vickie Karp
Issued the statement below as a response to the 11/21 arrest:
Vickie.Karp@parks.nyc.gov
212.360.1371

(Note that they fully acknowledge that artists can legally sell in parks.)

Parks statement QUOTE:
“The High Line is a unique public space, a thin elevated corridor at less than three acres with pathways as narrow as eight feet wide in some places.  Many activities are prohibited.  These include biking, skateboarding, throwing a baseball or a Frisbee, or walking a dog. The High Line can receive as many as 25,000 visitors on a busy day, walking along its long linear surface surrounded by fragile new plantings.  Mr. Lederman and other vendors are able to ply their trade in hundreds of New York City parks and on hundreds of miles of city streets, where visitors can linger and enjoy their wares.”
-------------------------

Media coverage of the previous Highline arrest on 11/21/09

NY Times
http://cityroom.blogs.nytimes.com/2009/11/23/artist-arrested-for-42nd-time-this-time-on-the-high-line/

NY Post
http://www.nypost.com/p/news/local/manhattan/for_art_peddler_it_high_dry_line_UM2ALn7XJE31CInyNcWyPL

NY Press
http://www.nypress.com/blog-5438-free-speech-not-so-free-artist-arrested-at-high-line.html

Gothamist
http://gothamist.com/2009/11/23/high_line_7.php

The Villager
http://www.thevillager.com/villager_344/highlinearrest.html

Seba Avenue Park Vandalism

BROOKLYN

Gerritsen Beach is not going to take this sitting down! Why? Because all of the benches are gone!

20 benches, that’s right twenty! have either been uprooted or have gone missing from the tot-lot at Seba Avenue park. 15 Have been uprooted from the brick/cement base and 5 have gone complety missing. GBCares president John Douglas, who spoke with parks, recently said “kids were rocking the benches back and forth which ultimately loosened the bolts from the bricks”.

To be perfectly fair, most of the the other tot-lot playground equipment has also been destroyed or defaced.

Seba Avenue Park is no stranger to vandlism and problems. The park has been set on fire, all of the trees have been snapped, garbage thrown around and......

Standing Room Only at Seba Aveune Park

GerritsenBeach.net - December 4, 2009


Wednesday, December 2, 2009

Storm ravages Plumb Beach, now local residents fear flooding of Belt Parkway

(Left): Sheepshead Bay's Maurice Allen walks the now ravaged Plumb Beach. (Photo: Marino for NY Daily News)

The long neglected beach and surrounding landscape - which runs along the Belt Parkway in Brooklyn - was recently slammed by Hurricane Ida.

A fierce storm that battered Plumb Beach last month has left a trail of destruction - and raised fears another winter squall could flood the nearby Belt Parkway, The Daily News reports.

Because of the remnants of Hurricane Ida on Nov. 14 and 15, a nearby blacktopped bicycle path collapsed and left the beach near Floyd Bennett Field strewn with rubble.

Neighborhood advocates charged that a slow government response by the city, state and feds has created a public safety hazard on the Belt Parkway - which they fear could flood with another strong storm.

"It's a disaster," said Maurice Allen, 73, of Sheepshead Bay, who walks the beach, which is between Knapp St. and Flatbush Ave., several times a week for exercise.

"They [the government] had to have seen this coming. At high tide, the water is about 30 feet from the Belt Parkway."

But the recent storm only exacerbated deteriorating conditions on the waterfront where the tides have carried away sand, bringing the water's edge closer and closer to the bike path and highway, advocates charged.

Read more:

Storm ravages Plumb Beach, now local residents fear flooding of Belt Parkway
New York Daily News - December 2, 2009 - By Mike McLaughlin

Sheepshead Bites - December 2, 2009  By Ned Berke

Midweek Photo: Bike Path Closed
Sheepshead Bites - November 25, 2009 - 2009 - By Ray Johnson
http://www.sheepsheadbites.com/2009/11/midweek-photo-bike-path-closed/

Sheepshead Bites - November 18, 2009 - By Ned Berke 

Sheepshead Bites - November 17, 2009 - By Ned Berke 

Body discovered in Ocean Breeze, feet from boardwalk

(Left): A body was found in a wooded area between the Franklin Delano Roosevelt Boardwalk and Capodanno Boulevard, near Seaview Avenue.

STATEN ISLAND, N.Y. — Police are investigating in Ocean Breeze, where a body was discovered in a wooded area just feet from the Franklin Delano Roosevelt Boardwalk.

The gruesome discovery was made by kids playing in the area around 5 p.m., sources on the scene said.

Read More:

Body discovered in Ocean Breeze, feet from boardwalk
Staten Island Advance - December 2, 2009

Artificial Turf Controversy Rears Its Ugly Head Once Again - Hunter's Point Waterfront Project in Queens

(Left) An Economic Development Corp. Artist’s rendering shows Hunters Point South development with 11-acre waterfront park. The park is intended to be linked to the existing and future waterfront parks at Queens West just to the north, creating one continuous park that extends from Anable Basin to and along Newtown Creek.


Controversy over the Bloomberg administration's policy to continue to cover hundreds of acres of city parkland and school yards with petroleum-based artificial turf fields instead of natural grass has reared its ugly head once again, this time in a proposed 11-acre park in Hunter's Point South Queens. While EDC's project renderings on their website are clearly labeled for active sports: "The Green - Active Recreation Multi-purpose Sports Field," at a November 19 public meeting the phrase Active Recreation Multi-purpose Sports Field language did not appear in any of the 40 powerpoint presentation slides. Only the word Green appeared. The city is trying to sell the 55,000 square foot artificial turf oval, in part, as a passive "commons" to be used for mixed uses - both active and non-active recreation such as passive sports, picnicking, frisbee, and general lawn use. However artificial turf surfaces are not desirable for passive uses for a number of reasons.

(Left) Economic Development Corp.’s rendering showing the proposed Green made of artificial turf. The intense heat generated from these surfaces make it impractical to use during the critical summer months.


Besides the smell, artificial turf fields generate intense heat. Surface temperatures measured by NYC Park Advocates over the past three years during the Summer regularly reached greater than 150˚. Many readings reached temperatures greater than 165˚. The dangerous surface temperatures prohibit many passive uses. The problem is especially acute during the late Spring, Summer and early Fall when the public uses of park and open spaces is the greatest. The use of artificial turf at Hunters Point South is especially inappropriate as this site as the plan offers little to no lawn shade. The city is increasingly relying on artificial turf for lawns and passive areas. The increased reliance of artificial surfaces is based on a policy meant to hide the severe effects from a lack of maintenance funds allocated to the DPR including the care of natural grass.

Besides dramatically lowering surface temperatures natural grass helps reduce the heat island effect, produces oxygen, absorbs carbon dioxide. It will trap particulate matter on the leaf surface. Grass also provides a home for insects and other organisms.

According to the EDC, The Hunter's Point South project was subject to an environmental review process pursuant to the Rules of Procedure of City Environmental Quality Review (CEQR). Under CEQR regulations, proposed projects which involve discretionary government actions (e.g., re-zoning, street mapping) require the preparation of an Environmental Assessment Statement (EAS) to determine if there exists the potential for significant environmental impacts from the proposed project. However the proposed use of artificial turf in the park was not included, and as a result, its impacts were not addressed. Potential environmental impacts must be addressed by law. It was also not included as part of the ULURP application.

On November 19, 2009, EDC presented plans for the proposed development at Hunter's Point South to Community Board 2 (Queens) land use committee. The proposed project plan was presented by representatives of NYCEDC and the New York City Parks Department. There was an opportunity at the end of the presentation to ask questions and to make comments.

According to The NY Daily News some residents are concerned about river access and the use of artificial turf in the project's design and didn't sit well with some audience members at the public hearing.

"When someone goes to a park, they're expecting nature," said Tom Paino, a local architect. "On a very hot, sunny day, you won't be able to use it."

A Daily News/NYC Park Advocates investigation in July 2008 found that artificial turf surfaces at Flushing Measdows-Corona Park could get as hot as 162 degrees.

"Our first preference is natural grass," Community Board 2 Chairman Joe Conley said at the meeting. "But Parks needs to know who is going to provide the maintenance."

Long Island City resident Peter Johnson asked if the Parks Department had considered the environmental impact of droppings from the seagulls he believed the turf would attract as reported in YourNabe.com

“It’s going to be an area of warmth,” he said, warning that artificial turf cannot absorb and break down the birds’ fecal matter like natural grass. “They’re going to be perching there.”

Charles McKinney, design chief for the Parks Department, said they would have to wash the turf regularly. The agency is switching to turf for active recreation fields because grass is too expensive to maintain in heavily trafficked areas.

Tom Paino, an architect and advocate for controlled development, complimented the Parks Department on the design but also urged the agency to use grass for the common area. “The new products still produce VOC’s,” he said, referring to the gasses released by the turf materials.

Paino also warned about the heat from the turf being in direct sunlight. “This green, this common space will be unusable during the summer months,” he said.

According to A Walk in the Park, the DPR as usual tried in vain to justify the environmentally harmful surface. This time it was the DPR's unlicensed Chief of Design, Charles "Change-Designs-at-the-Last-Minute" McKinney who weighed in. The EDC even provides a link to DOH's synthetic turf "Fact Sheet" from its website which is full of spin and omissions.

Thomas Balsley Associates, a landscape architecture firm working on the park is also the same firm that designed the controversial replacement park scheme around Yankee Stadium. A Daily News/NYC Park Advocates investigation this summer revealed surface temperatures on the new artificial turf field built on top of a parking garage reached over 150˚— this after the city spent an additional $ 160,000 in tax payer funds for infill material which was supposed to provide cooler temperatures. This plastic field replaced grass fields which regularly reached temperatures of no greater than 90˚ on the most extreme summer days.

Community Board 2 is expected to vote on the Hunter Point South project on Thursday December 3, 2009.

Read More:

Residents worry about river access, artificial turf at new 11-acre Hunters Point park
New York Daily News - December 1, 2009

City unveils Hunters Pt. plans
Your Nabe.com - November 27, 2009

Hunters Point South’s controversial Astroturf (?) waterfront park

Economic Deveopment Corporation - Hunter's Point South Plan


Artifical Turf


Macombs park turf too hot for them to handle! Critic's thermometer hits 150 degrees
New York Daily News - August 18, 2009 By Bill Egbert

At City’s Synthetic Fields, High Lead Levels Fuel Debate
New York Times - February 9, 2009 - By Cara Buckley

City Shuts Field Over Lead Concern
New York Times - City Room - December 26, 2009 - By Sewell Chan

High Temps On Turf Fields Spark Safety Concerns

NPR (National Public Radio) - August 7, 2008 - by Allison Aubrey

Parks' fake grass can reach a scorching 162 degrees

New York Daily News - July 5, 2009 - By Jeff Wilkins & Elizabeth Hays