The $1 million effort to dump the dump

Where does Pledge 2 Protect’s money come from, and what is it spent on? This story was originally published March 5, 2014, in Our Town.

Pledge 2 Protect, the Upper East Side community group that’s emerged as the most potent force fighting the waste transfer station on the Upper East Side, has considerable pull in the community.

The group has amassed 30,000 signatures denouncing the city’s plan, and a recent rally it organized at the cavernous Holy Trinity Church was packed with residents, standing room only. The rally was called to draw attention to a new report commissioned by the group that labels the project as harmful to children and detrimental to families who live in the area’s low-income housing developments.

At the rally, residents were urged to contribute money to Pledge 2 Protect, to help fund opposition to the project.

While many individuals have contributed – at last count, more than 1,500 different donations have been made, the group says – the vast majority of the money isn’t coming from the people packing the rallies at places like Holy Trinity.

A review of financial documents by shows a much more complex financial picture of P2P: While there is indeed a groundswell of popular opposition to the city’s plan, there is also deep – and deep-pocketed – backing of the group by real estate and other business interests in the area. Last year, Pledge 2 Protect spent nearly $1 million on its efforts, according to city filings. The result is a prototypically New York mashup of interests, from public housing residents and old-time Upper East Siders to developers with an interest in the area.

“At present, P2P has over 30,000 individuals and 26 different organizations who are part of the coalition,” said Kelly Nimmo-Guenther, the group’s president. “We are fortunate to have received over 1,500 donations from a few dollars to thousands of dollars from private citizens and companies from all over the city.”

According to Rubinstein Public Relations, the Manhattan powerhouse that represents Pledge 2 Protect, Nimmo-Guenther is not paid for her role in the organization.

“Ms. Nimmo-Guenther is from the West Side and, as a mother whose children use Asphalt Green, she became concerned about the planned East 91st Street marine transfer station and its impact on the thousands of children from around the city who use the sports and fitness facility and the impact this garbage station will have on the residents of the low-income housing Stanley Isaacs and Holmes Towers and neighboring residents,” said the spokesperson. “She and others formed Pledge 2 Protect to give voice to New Yorkers whose concerns about the East 91st marine transfer station were not being heard by the city.”

To get a better look at where Pledge 2 Protect’s funding comes from, Our Town turned to the city’s Campaign Finance Board. According to filings with the CFB, P2P received $430,000 in donations from just 17 donors between March and October of last year. Most of that money is hard to trace, as the CFB’s disclosure guidelines leave it mostly up to the reportee to include any information beyond a donor’s name.

However, according to the disclosure, a significant portion of that money comes from entities with direct ties to real estate interests on the East Side. Rose Associates, one of the biggest residential developers and managers in the city, donated $13,000. Gracie Point Community Council – a coalition of residents and businesses with major ties to real estate developers – gave $170,000 to Pledge 2 Protect in April and May of last year. Gracie Point member George Morin said the coalition has fought the waste transfer station going back many years, “and we sort of passed the baton on to Residents for Sane Trash Solutions, and then subsequently they passed it on to Pledge 2 Protect.”

He praised Pledge 2 Protect as being “much, much more organized and has resources that we did not have and so we are supporting them.” Morin noted that Gracie Point is no longer soliciting contributions to the cause. “As for who is giving to Pledge 2 Protect, I don’t know. There are a lot of commercial interests…retailers and all kinds of neighborhood people, so I just assume they get around.”

So where is Pledge 2 Protect’s money going?

According to documents submitted to the state’s Joint Commission on Public Ethics, P2P spent $900,000 on opposition efforts from March to December 2013.

Global Strategies Group – which has clients like American Express, Con Edison, the Howard Hughes Corporation and the Dallas Cowboys – received $700,000 of P2P’s expenditures last year for such things as polling, media events, mailings and research.

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Push for Park Avenue

Upper East Siders fighting for historic district on Park Avenue heard by landmarks commission. This piece was published Feb. 26 in Our Town

“No one at the meeting really understood why these areas had not been incorporated into an existing or proposed historic district,” said Slater. “At that time, there was a feeling on the part of the commission that there really was not a perceived threat to Park Avenue, and that the commission had to focus on other boroughs of the city.”

Slater said her group understood the need for historic preservation in other areas of the city, but that “sadly we lost the first of several buildings along Park Avenue shortly after that meeting.”

Upper East Siders supporting historical designation on Park Avenue, who have coalesced under the umbrella name of Historic Park Avenue, had their long-awaited hearing before the LPC last week.

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The Upper East Side is home to many landmarked buildings. Photo by Laura Naefe.

The proposal actually calls for the creation of two historic districts along Park Avenue to fill in the 14-block gap between the existing Carnegie Hill and Upper East Side historic districts. The goal, say supporters, is to protect historic buildings – and the lots on which they sit – from being developed. The two proposed areas run along Park Avenue between 79th Street and 91st Street and 94th Street and 96th Street.

Elected leaders who support the proposal include council members Dan Garodnick and Ben Kallos, as well as Assemblyman Dan Quart, Senator Liz Krueger and Congresswoman Carolyn Maloney.

“There’s no reason to exclude buildings above 79th Street from protection,” said Krueger, who provided a statement to the LPC through a representative.

Over 70 people showed up to testify at the hearing, including representatives of the local elected officials. Garodnick’s office said that of the 68 buildings in the proposed historic district, five are in immediate danger of being developed.

According to Tara Kelly, executive director of the group Friends of the Upper East Side, five buildings have been lost to development since 2010. These buildings were built between 1856 and the mid-1900s, by famous architects such as J.E.R. Carpenter and Rosario Candela, according to members of Historic Park Avenue.

“This important stretch of Park Avenue, along with the Park Avenue Christian Church and parish house, deserves the permanent protection that is offered by landmark designation,” said Kelly. “Thus we ask the commission to act with all possible speed to ensure that these historic buildings are preserved.”

The debate surrounding Park Avenue Christian Church, built in 1911, is one that’s divided residents on the Upper East Side between those who want to landmark the church building and its adjacent parish house and the church administration itself, who say they need to monetize the lot that the parish house is built upon in order to survive.

Valerie Campbell, a lawyer at Kramer & Levin representing the church, said the church supports the creation of a historical district along Park Avenue, but doesn’t want to be included in it because that will prevent them from following through on a deal they have with Extel Development for the parish house lot.

“Park Avenue Christian Church has been a conscientious steward of its church sanctuary for almost 75 years, it has no plans to leave its spiritual home,” said Campbell. “The proposed designation should not be used as a tool to stop a sensitive plan for development that will not result in any adverse impact on the historic sanctuary or any other historic structure proposed inside the district.”

Extel wants to build a 210-foot residential tower that will cantilever over the church itself, a plan that’s infuriated local residents who say it will ruin views of the historic church and is ill-suited to the surrounding architecture. The church’s rationale for seeking the parish house’s exclusion from the historical district is that the building – which used to house a day school – was built in the mid-1960s.

While there’s no shortage of critics of the proposal – former Vermont governor Howard Dean, who grew up next to the church, had a representative at the commission hearing and called the cantilever plan “horrendous” – the decision on whether it goes forward ultimately lies with the city.

The LPC will research Historic Park Avenue’s proposal and issue a designation report, after which the commission will vote on it. From there, the proposal – if it passes – will go to the City Planning Commission for review and another public hearing before being sent to a vote from the City Council.

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Grief, and Safety Ideas, after Traffic Deaths

Upper West Side residents meet with DOT to discuss pedestrian safety issues. This piece was published Feb. 6 in the West Side Spirit.

In January, three pedestrians on the Upper West Side were killed in separate incidents after being struck by vehicles. Perhaps the most wrenching was the death of Cooper Stock, a nine-year-old boy who was struck and killed by a cab at the intersection of 97th Street and West End Avenue. Stock was in the crosswalk, holding his father’s hand, and the two had right-of-way.

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Inspector Nancy Barry of the 24th Precinct speaks to the crowd at the meeting.

The meeting was called so the Department of Transportation could unveil safety measures it’s proposing at 96th Street and Broadway, the same intersection where the two other pedestrians were killed: Alexander Shear, 73, the same night Cooper died, and Samantha Lee, 26, 10 days later on Jan. 19.

The safety proposals at the intersection include banning left hand-turns from 96th on Broadway, and banning left-hand turns from Broadway heading eastbound on 96th Street. The DOT is also calling for expanded pedestrian space on the northeast corner of the intersection and new crosswalks, as well as simpler signal phasing for cars and pedestrians that will “significantly” improve the travel-time for the latter.

Overall, the DOT said, the improvements will cause less confusion and lead to more natural compliance with signals.

The DOT’s Ryan Russo said the agency would like to begin implementing the improvements as early as March, after taking into account the input from residents and CB7. “We’d start in March and probably finish in March or April,” said Russo.

The DOT was commended by residents and local leaders who spoke up at the meeting, and their proposal was characterized as a good starting point for fixing safety issues on the Upper West Side.

But the almost three-hour meeting was also a forum for residents to talk about safety issues they see in other areas of the neighborhood. What has made this recent spate of tragedies particularly difficult is that residents, and local leaders, said they’ve known for quite some time that serious safety issues exist on the Upper West Side.

Findings from a pedestrian safety study commissioned by CB7 last year, and released in September, included examinations of both locations where people were most recently killed. The study looked at a swath of the Upper West Side from 94th Street to 96th Street between Central Park and the Hudson River. The crowd implored CB7, local leaders, the DOT, and members of the 24th precinct to crack down on aggressive drivers.

To that end, 24th Precinct Inspector Nancy Barry touted her department’s recent crackdown in the area, saying officers gave out 79 summonses in January for failure to yield to pedestrians, an increase of 182 percent over the same period last year. But her precinct was criticized for what locals perceive as a focus on ticketing pedestrians, especially after a high-profile incident in which police roughed up an elderly man at 96th Street and Broadway, allegedly for jaywalking.

“Cyclists and walkers do not kill innocent people. Cars driven by reckless and distracted drivers do,” said Barron Lerner, Cooper Stock’s uncle. Lerner underscored the tension that has bubbled up – much of it online – between pedestrians/cyclists and motorists, who blame non-motorists for putting themselves in harms way.

“There’s nothing we can do for this family, they’re not going to get their child back. But what we can do is enforcement, to show the community that we’re out there,” said 24th Precinct Inspector Nancy Barry, voice cracking, after holding a moment of silence for the victims.

Lerner also highlighted bureaucratic obstacles to improving safety, including state oversight of the city’s traffic laws and control over the allocation of funds for things like traffic cameras.

“We love Cooper very much and miss him beyond words,” said Lerner. “We beg you, please do not let politics, bureaucracy and interest-group squabbling prevent meaningful reform in the name of Cooper and the other innocent victims of reckless and careless drivers.”

State Assemblyman Daniel O’Donnell recently introduced legislation that would reduce the city’s speed limit from 30 to 20 miles per hour, but said he needs a home rule message from the City Council to let the state know it’s behind such an initiative.

Helen Rosenthal, the newly elected councilwoman for the Upper West Side, said mobilizing state support is key to improving pedestrian safety in the city. She’s working on building support to increase the fines for motorists who fail to yield to pedestrians. She’s also a major proponent of lowering the speed limit to 20 miles per hour.

“The political will is big, and that’s very exciting for our community,” said Rosenthal. “Pedestrian fatalities at [96th Street and Broadway] have never been like this.”

Fellow councilmember Mark Levine said the time to act is now.

“Momentum to change the pedestrian safety laws in New York City has never been greater,” he said.

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Public Financing for Private Schools

Under-the-radar agency helps exclusive schools raise hundreds of millions of dollars– all while public schools scramble. This article was published Feb. 5 in Our Town, Our Town Downtown and the West Side Spirit

A little-known program within the city’s Economic Development Corp. has become the chief vehicle by which private schools in Manhattan refinance their capital projects, funneling hundreds of millions of dollars to some of the priciest schools in the city.

In 2013 alone, the Build NYC Resource Corp. brokered more than $439 million in low interest, tax free bonds for 24 private schools in Manhattan. The schools use this money to pay down prior debt they incurred from bonds they took with the city’s Industrial Development Agency and commercial banks at higher interest rates, money they used for their initial expansions.A little-known program within the city’s Economic Development Corp. has become the chief vehicle by which private schools in Manhattan refinance their capital projects, funneling hundreds of millions of dollars to some of the priciest schools in the city.

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Grace Church School

On the Upper East Side, schools such as the Spence School, the Chapin School, and Convent of the Sacred Heart School have secured millions in low-interest bonds for their capital projects. On the Upper West Side, the Calhoun School received a bond of $34 million and the Studio School got an $8.8 million bond. Downtown, the Grace Church School used $40 million in city-brokered financing to cover expansions they made in 2006 and 2011.

The city’s rationale for the program is that when these private schools expand, they create jobs and additional tax revenue for the city. BNYC’s stated goal is to act as a “conduit-bond issuer,” setting investors – banks – up with not-for-profit entities that use the money for capital projects, which ultimately, the city says, will provide increased jobs and tax revenue.

Through a spokesperson, the EDC said that BNYC merely acts as a conduit, or access point, for private schools and other entities to secure low-interest bonds, and the city does indeed benefit from such deals. “Build NYC is not loaning the city’s money capital,” said the EDC spokesperson.

But the prevalence of exclusive private schools in these bond deals has some public school proponents wondering why the city is diverting resources to help these schools – many of which come with $40,000-a-year tuition – in the first place.

Shino Tanikawa, president of the District 2 Community Education Council, learned of the program just as her Lower Manhattan district is bracing for a shortage of 1,000 elementary school seats.

“I find it outrageous the city is essentially financing the expansion of private schools when our students in public schools are crammed into classrooms with as many as 38 students in a room, families are put on a wait list for their zoned school, asbestos and PCBs still linger in our older buildings and many schools are still not ADA compliant,” said Tanikawa. “The list goes on for what our public schools need while private schools are getting a sweetheart deal with the help of the city?”

Private schools are not the only not-for-profits that BNYC helps with refinancing. The corporation has also brokered favorable bond deals for organizations like the American Red Cross and the American Cancer Society. One such bond was issued last year to the Lower East Side Tenement Museum in the amount of $8.9 million.

But given the strains in the public-school budgets, it is the school financing that is likely to raise the most eyebrows.

Grace Church School, for instance, secured a $40 million bond last May that it used to cover two previous bonds for expansions in 2006 and 2011. George Davison, head of the school, said the availability of these bonds is generally known in the private school community, and that it made more fiscal sense for the school to issue a bond through BNYC than to stick with the terms of their two original bonds.

“Build NYC is designed for organizations just like us, who are creating jobs in New York City,” said Davison. “When the Build NYC vehicle came on line, it’s much more appropriate than a standard bank loan for a not-for-profit because it’s tax exempt financing.”

Davison said the 2006 IDA bond was also tax exempt, but came with a flexible interest rate that adjusted every week. “Most everyone is fairly sure that we’re not going to get lower rates than we have now,” said Davison. “For what we were doing, fixing our rate for the next 10 years – which is what [the BNYC bond] allows us to do – makes much more sense in terms of our planning.”

Davison said that during a two-week period in 2008, the flexible interest rate on the IDA bond whipsawed from 1 percent to 9 percent. While that swing is an aberration connected with the 2008 financial crisis, and it may be impossible to tell how much revenue the IDA bonds would have ultimately brought in, projections for that revenue seem non-existent in records kept by BNYC.

In the case of the Birch Wathen Lenox School on the Upper East Side, which is in the process of securing an $8 million bond to refinance money it used to expand in 2004, the city estimates the school will generate $9.1 million in tax revenue over the course of a 15-year term.

“So yes, this is in line with the mission of promoting economic and community projects, and it is not a ‘handout’ to a wealthy school,” said an EDC spokesperson.

Tanikawa said she’d like to see some way in which public schools benefit from the city’s brokerage of finance deals to private schools.

“I think the new mayor should be made aware of this,” said Tanikawa. “Perhaps the banks can be made to pay taxes on the interest and that revenue can go into the [School Construction Authority’s] capital fund. Perhaps the interest rate should be on a sliding scale based on the private school’s assets.”

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Priced out of Carnegie Hill

Small businesses hit hard by rent increases, changes in co-op rules. This piece was published Jan. 29 in Our Town

But come Jan. 31, the Carnegie Hill mainstay will be closing its doors and relocating north to Lexington Avenue, with paired-down offerings that will only include the printing department.

In one sense, the closing of a long-time neighborhood retailer has become the new normal in Manhattan, as rising rents make it ever-tougher for mom and pop stores to keep the doors open. But those pressures are now being exacerbated by a change in federal tax rules affecting retailers who rent space from co-op buildings. Prior to 2007, the “80-20 rule” required that these buildings receive 80 percent of their overall revenue from shareholders who owned apartments.

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Neighborhood favorite Green Tree Deli in Carnegie Hill is now closed.

But in 2007, that regulation loosened, enabling buildings to generate more money from leasing out retail space. Now, as five-year leases have started to expire, co-op buildings are cashing in on the ability to dramatically increase their business tenants’ rents.

Blacker and Kooby is one of five businesses along a four-block stretch of Madison Avenue that have closed or moved recently, along with the restaurant Jackson Hole, Moormends Luggage Store, the Green Tree Deli and the Gerald Bland Gallery.

Kooby said the co-op he’s rented from for the past 50 years offered him a lease at double the $35,000-a-month he’s currently paying.

“We decided that’s it, we’re leaving,” said Kooby. “The store, as it exists, that’s gone. Over half a century.”

Gerald Bland – who rents space for his antiques gallery from a co-op – said he’ll be moving at the end of March after his lease expires. He was offered a new lease with increased rent, which he declined.

It’s unclear whether Jackson Hole, Moormends and the Green Tree Deli were forced to close or move as a result of the change to the 80-20 rule; Jackson Hole closed last spring for repairs and a rental sign only recently appeared it its former space. An employee at another Jackson Hole location said the Madison Avenue restaurant would be moving, but she didn’t know where or when the move would take place.

But whatever the reason, it’s clear there is a small-business exodus from Carnegie Hill. Kooby said his store was the last holdout on a block that once had many staples of life in New York – a butcher, a hardware store, an art gallery and a cobblers, in addition to the recent businesses that have left.

“Everybody is gone,” said Kooby. “At this point I’m not going to start something new, that’s how it is. I’m ready to retire.”

One of his employees, who gave his name as Khem, is originally from Guyana and has worked at Blacker and Kooby for 30 years. Like his boss, he’s stoic in the face of the store closing.

“I had a good 30-year run. It’s happening all over the city, we’re the last guys in this neighborhood,” said Khem. “I’m going to take some time off and do some travelling.”

Kooby’s daughter, Vanessa, has taken over the printing side of the business at 1390 Lexington Avenue. Blacker and Kooby will still offer custom invitations and stationery, as well as engraving, letterpress printing and calligraphy, at that location. Still, she said, it’s the end of an era.

“Fifty years is a very long time, our customers are practically crying at the register,” said Vanessa Kooby. “The chain stores are creeping up Third and Madison, Lexington is really where all the smaller businesses are going, and the smaller businesses are really what makes our neighborhood our neighborhood. Otherwise, you could just go live near a strip mall in New Jersey.”

Many of the stores, she said, look empty during the day, and are probably on Madison Avenue simply for the status that such an address confers. “They don’t seem to mind if they don’t compensate for their rent because I guess they get some kind of externality being on Madison Avenue, but they look empty inside,” she said. “For people who live in Manhattan and live in the neighborhood, it’s kind of destructive because it doesn’t really serve them anymore.”

Businesses being priced out of the neighborhood is not a condition unique to Carnegie Hill, and not every co-op in the city will be able to increase their retail space rents. Under the new law, a building must pass one of three criteria in order to keep their federal tax benefits, which include valuable tax deductions; a co-op must either meet the original 80-20 requirement, spend at least 90 percent of their revenue toward things that will benefit tenant-shareholders, or commit at least 80 percent of its total square-footage for residential use.

Nevertheless, real estate experts and brokers have hailed the regulation change as a tremendous benefit to co-op buildings, which can now entice buyers with low-maintenance apartments and, in some cases, actually offer a dividend to property owners drawn from the rent they charge ground-floor retailers.

But federal tax regulations and real estate boons aren’t important to Carrie Doyle, who grew up in Carnegie Hill and now lives nearby with her family. For her, the physical change in the neighborhood is as heart-breaking as it is striking.

“I spent my childhood eating plates of greasy french fries at Jackson Hole after school, and ordering buttered bagels from Green Tree deli, and buying suitcases at Moormends and school supplies at Blacker and Kooby. For the past few years my sons have been doing the same,” said Doyle, 41. “Carnegie Hill was always a neighborhood – a sweet, safe, and happy community tucked in a little pocket on the Upper East Side. Now, all the mom and pop shops are being swept away and we’ll be left with rows of chains. Really, how many Duane Reades, Chase Banks and Starbucks do we need?”

Do you have thoughts about the changing face of the Upper East Side? Email editor.ot@strausnews.com and your comment could be printed in Our Town next week.

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