Ten years on after the Iraq Invasion; Three things I was writing back then...

What Does Iraq's Oil Law say About an Invasion

2007
By Cody Lyon from OMNI
Amman, Jordan, is set to play host to a three-day economic trade show, a corporate meet and greet between powerful, well-moneyed investors and those who the guard the gates of vital decision-making government ministries in perilous but oil-rich Iraq.

On its Web site, loosely defined organizer Iraq Development Program (IDP) calls the Jordan gathering a "historic landmark event" Officially titled the Iraq Oil, Gas, Petrochemical and Electricity Summit, the three days of face to face meetings that begins on May 28 could impact Iraq's economic future for years to come.
Link to full story


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Al Qaeda and Iraq: The Panel and the President
2004

Letter from Cody Lyon- New York Times

While it is upsetting that President Bush and his administration used fear, anger and manipulation to intimidate the American people into believing that Iraq played a role in Sept. 11, it is even more disturbing that many Americans accepted his word as fact.

Link to NYT


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Notes on a Thursday in Spring- Before Memorial Day
2007

From my blog

The weather goes from cool to warm and the sun is bright this particular Thursday in New York’s East Village. At a Mexican takeout shop, beef tacos are purchased, then eaten sitting on a bench in Tompkins Square Park, under a tree that appears very lush, and filled with chirping birds.

The park is crowded, the playground full of kids, the grass covered with sun bathers, the dog run is noisy, chaotic.

At the dog run, people gather, watching the dogs, apparently a fight has broken out, first between dogs then it spreads among humans. One man pushes another, barks and shouts are traded, as all the dog owners yell at an older man, because of what they say is an aggressive dog.

But the cell phone rings, it’s a friend in Alabama, she says hello and the conversation lasts for a while.

She’s been dating a new guy, she thinks she really likes him and he’s taking her on a trip to Las Vegas.

Link to the post

Has social media transformed politics-yet?

OPINION- by Cody Lyon

Today I got called out on Facebook.

Of my two thousand or so BFFBF's, a few aren't so shy about offering their thoughts on the issues of the day. Today one of those friends, who happens to be on the more politically conservative side, called me to task after I posted an opinion article by a New York Times columnist about a new republican senator from Texas . I found the piece smart, informative and a good statement on the toxic climate in Washington these days.

But, all I did was post this other person's published piece, I didn't offer any of my own thoughts, observations or supporting material other than a quote I lifted from the piece and then attributed to the writer.

The conservative friend from another state ask me what my specific thoughts were. I responded, that I was just sharing, I'll leave the opinion writing to the TIMES. He responded to me, saying "oh, you're just putting it out there," with no opinion of your own, and then he ask, "did you even read the article?" That set me off a bit and then I said a few words about why I found the piece worthy of a share. A discussion ensued that included a liberal friend from yet another part of the country.

Soon after, I left my apartment in Harlem with my bike, on what was a very cold Sunday. I began a very long and solitary journey down to Chinatown. Along the way I took a few pictures of buildings and other NYC sites, and posted them on Facebook and Instagram- then made my way to the restaurant I knew I wanted to go to, and ate soup dumplings. Also along the way I was thinking about my own online posting patterns. To be honest, I had in some ways put off by what had happened but also re-inspired by the power of social media thanks to what my conservative friend had done.

Have I become lazy? Like so many other people I see online in social networking sites- I've assigned Facebook the role of new town square. But, it's more like the public aggregator and I too enjoy reading or watching a politically charged opine and then sharing. Does that in turn mean I'm stamping my name on the words or thoughts of another columnist or pundit- and if so- does that act itself somehow make me feel smart or politically engaged? Perhaps.

I guess you could say I tend to swing left on many issues, or what I'd like to call progressive. But, that word, progressive means a lot of things to different people. In the 1970's, when I was a kid, my hometown newspaper, "The Birmingham News" had at the top of its front page-'serving a progressive south." To me, that kind of progressive has always meant, progress, moving forward, evolving towards what I assumed would be a more equal world where we are all afforded the same ladders of opportunity, be it in business, education or just the ability to get good wireless service no matter where you live.

But somewhere along the way, I think I forgot that it takes a lot of work-to move forward. It also takes at least an attempt at understanding all sides of the coin. And, unfortunately these days,it seems more about beating ones on chest or issue- for a minute or two at least. Point being, people don't seem as interested in posting fact based news any more. I find more clips of punditry flowing down facebook feeds verses meticulously well researched investigative news- that bothers me.

The newspaper in Birmingham is now a cyber shell of its former self and instead an online site focused more so on real time news. "The Birmingham News" no longer publishes a seven day a week newspaper, it's down to three. Thanks to the changing landscape of journalism and media- the paper's mother ship company laid off most of its old reporting staff- then hired several new online reporters at a fraction of the salaries- rarely delivering longer form investigative or analysis pieces. Even the paper's brand new building is for sale. But who among us, at least these days, would take time to read those longer form pieces anyway? In truth- reading long form journalism takes effort and time not only to report but to read. Time is on short supply for a lot of Americans these days. Add to that, media companies rightfully say the necessary reporting for an earth shaking story that truly impacts a community- those also take a lot of time and since reporters need to eat too, those type stories end up being expensive to do. Still, I love turning on people who haven't already- to a delicious Newyorker investigative piece with flavor as rich as a sweet tea in Alabama.

Still instead, many of us have become spoiled by the instant gratification of the news cruise online. Often we gravitate to a site that caters to the political side you swing. At that point, the seduction begins. When done reading, you are encouraged to share, like or tweet that piece to the millions out there in cyber land. And, truth be told, you'll find that ability to stamp your name on something you've just shared- fulfilling- as if you are doing your part for what you believe- because maybe, you'll assume that you've just helped to enlighten a few people. But in truth, the people you are sharing that piece, video or item with probably already agree with you and that pundit anyway. Still, if they actually read or watch it, they'll likely say, good piece or right on, and that will once again- falsely assure you that you're somehow doing your part to change society

When it comes to hot button political issues -do we tend to preach to our own choirs and if so, what good does it do? Do we for lack of a better word- mobilize around an issue and if so- does that mobilization bring real change or does it antagonize? Perhaps there has been some impact that has changed a few political races but its hard to truly measure. Hopefully if anything- FB and other sites bring people's attention or impact how they feel about issues they weren't aware of. But the hope is we all do our homework and fully understand what we're liking etc. Clearly, if social media has brought on a more participatory government, then how do we explain the dysfunction we see in our nation's capital- the likes of which we've never ever seen in our nation's history?

There's no shortage of pundit posts or cable TV news anchors blasting this politician or that issue on Facebook or any other site, and there is certainly no shortage of people like me who have no problem posting a NYT opine and walking away without doing some homework or understanding the issue even more. Media companies monitor the trend lines of social media now- knowing that precious profits are at stake by how trends in who is reading or sharing what.

Sometimes- I wonder if in fact we are living in one of the most misinformed and politically lazy eras ever.

Deep inside, I'd always assumed that engaged, means understanding all sides of an issue and then moving on it. But then, you have clear injustice or discriminatory issues such as segregated Birmingham where engagement meant marching, walking and protesting then enduring fire hoses, police dogs and bombs- which thanks to media coverage- induced national outrage thus convincing politicians to slowly eradicate the official injustice of segregation. More recently the horror of AIDS and the engagement of gay mean and their allies via ACT UP. Working in climate of fear and very little information and fact- young people stared down a plague. Members of ACT UP took to the streets staged protests, invaded government agencies, made demands-often in the face of harsh criticism and downright awful bigotry- but in the end likely changed the course of an epidemic-at least in America.

These days ACT UP seems like a distant memory. When did cheap, bitter and insulting reactionary rhetoric that fizzles week by week depending on the issue become so tolerable?

If we were truly engaged by all the postings we see daily we'd move beyond a simple LIKE- , we would recognize the power of social media and its ability to reach everyone and seize the power it possesses and transform politics at virtually no cost. By now- it should have already happened.

But to impact politics- that also means moving beyond the land of adversarial thinking. It means more people like my conservative FB friend asking me to defend the reasons why I posted a left leaning Opinion piece.

Facebook and other sites could make the billions of dollars wielded by lobbyist, campaign contributions and special interests in the nation's capital- mute .

Point being after all that is this; The next time I share an opinion piece online- I'll be explaining why I agree- or better yet- why I disagree with the writer. I'll invite discussion and I'll be asking how can I make a difference- not simply jumping on the shrill bandwagon of lazy political disengagement that has apparently infected the nation's ability to be truly engaged.

Or perhaps -I'm just half blind to all the changes taking place around me as we speak.

Loving Your City in the Bike Lane

By Cody Lyon

Tonight myself and one other cyclist almost ran into a group of pedestrians who were saying goodbyes in the pedestrian section of a Midtown crosswalk. The traffic signal was seconds away from changing- from yellow to red- for cars and yes, bikes. Both cyclists made the stop- no one was hurt. But-with my bike-centric certitude adrenalin flowing, I yelled what must have sounded pretty bratty- GUYS!!! This rather debonair looking fellow turned to me and said, "the light's red, you should be ashamed." In truth- I think I was! As he walked up 8th ave with his other friend, he turned back and smiled. I smiled back.

There are times when citizens of our busy and super-driven city are consumed with getting from point A to B in the fastest way possible. Any added hurdle that delays that mission, human or otherwise is cause for dirty looks or even an outburst. But sometimes, an unplanned pause that may have triggered that all to common reaction leads to an even greater appreciation of this palace of smart urban planning where humans constantly encounter other humans- called New York. There's more to this city than energy, dreams and tall buildings- there are also amazing people. Not only did I smile back at the gentleman who had scolded me, I smiled because I knew this would only happen here in this place I love, in New York.

Report from Coney Island- what some residents impacted by Sandy say they need

On Monday November 5- some of the folks we worked with on the ground in Coney Island this past Sunday, volunteers Nadav Samin and Tamar Matza sent this report.

They say they asked supervisors at hyper-local relief sites what resident's most pressing needs were as far as items. Below you'll find the names and contact for supervisors running those sites as well as the items they say residents in the area- that's largely cut off from much of the city-say is most pressing.

Samin said he ask the following questions;

<1. What do you have too little of?>
2. What do you have too much of?
3. What are the plans for Tuesday and Wednesday?
4. What medicines do you need, if any?
5. Are there special needs for children?

At Keyspan Park
Contact: Susanne James (She works for the Mayor, with the Center for Economic Opportunity)
Phone Number: 718-702-3140

1. Food, diapers, blankets, socks, hats
2. Water
3. Tuesday we are trying to move the site from Keyspan Park (was unsure where to, this should be confirmed with Susanne James)
4. The health trucks on site were distributing medicine
5. Blankets

At the 23rd and Surf site
Contact: Shirley Atkins (Coordinator for Coney Island Houses, I think)
Phone Number: 718-864-4856

1. Toiletries, blankets, feminine products, canned food, baby food, baby diapers
2. Clothes
3. Tuesday will be here. Wednesday will probably not be here because of the storm.
4. We aren’t allowed to distribute medicine (Red Crodd truck was right out front)
5. Baby food, juices, soups.

at 33rd and Neptune
Contact: Ms. Carter (Resident coordinator for Dwyer and Gravesend Houses)
Phone Number: 347-350-4966

1. Blankets, coats, canned goods, batteries, diapers, smiliac, baby food, body washes (because no hot water)
2. Nothing
3. We’ll be here on Tuesday and Wednesday (the distribution center is set up right in the lobby of the building)
4. Tylenol, motrin, band aids, alcohol, alcohol pads

Samin said the volunteers also spent some time driving around the neighborhood informing residents that hot food was being served at 28th and Neptune. A group called Mercy Chefs is set up at that spot, and he said they will be there for a few days. Samin said they seemed very pleased to learn about this, which suggests that an important part of the work is just getting out into the neighborhood and letting people know about the resources that are available.

Previously- that Sunday.
Sunday evening-November 5, 2012-Just in from volunteer work on Coney Island. Thousands in the area were still without power, many in high-rise public housing structures. Even if power comes back-boilers in some structures are flooded, so there would likely not be heat. Residents say they need fresh fruit, h20, batteries- most especially, blankets. Throughout the area, on block after block, countless homes where the entire first floors are ruined. The flood line was upwards of five feet. Most automobiles parked in the area during the storm are ruined. Transportation is a challenge since the subway does not run to the area yet. There are bus lines that run sporadically from subway stop at Bayshore- on the D line- Clear need for more bus service. Did not see RED CROSS- all day. FEMA was there, NYC officials, were present. National Guard. Lots of volunteers.
Donations can be made at-uwsandyrecovery.org

Helmets on the bike Trail

From Cody Lyon

In a September 29, 2012 "New York Times" analysis piece called "To Encourage Biking, Cities Lose the Helmets...Elisabeth Rosenthal reported that... “Pushing helmets really kills cycling and bike-sharing in particular because it promotes a sense of danger that just isn’t justified — in fact, cycling has many health benefits,” says Piet de Jong, a professor in the department of applied finance and actuarial studies at Macquarie University in Sydney. He studied the issue with mathematical modeling, and concludes that the benefits may outweigh the risks by 20 to 1.

He adds: “Statistically, if we wear helmets for cycling, maybe we should wear helmets when we climb ladders or get into a bath, because there are lots more injuries during those activities.” The European Cyclists’ Federation says that bicyclists in its domain have the same risk of serious injury as pedestrians per mile traveled.

Yet the United States National Highway Traffic Safety Administration recommends that “all cyclists wear helmets, no matter where they ride,” said Dr. Jeffrey Michael, an agency official.

Although I may be missing a point- I had to respond in this blog;

Those cycling advocates who suggest that the pushing of helmet wearing makes a basically safe activity seem really dangerous- are being somewhat short sighted, perhaps irresponsible and a tad bit selfish. Helmets don't scare cyclists away from riding on city streets any more than seat belts frighten drivers from getting into a car and driving on the nation's deadly highways. The truth is, those who bike ride sans helmet in city streets- or anyplace for that matter, should pause and consider themselves as nothing more than human egg shells gliding along on two wheels. Sometimes, even the most seasoned riders learn that analogy is steeped in pain filled veins of truth thanks to the most random and mundane of accidents or mishaps.

As someone who has ridden a bike from points A to B, almost every day, for nearly 20 years of my New York existence- I can say I've had close calls with cars, pedestrians and cab doors flung wide open as I raced up Sixth Avenue or down through Times Square. I've cut in and out of traffic like a spawning salmon, raced buses as if there were a prize at the end of no where. I've even been spiteful to the commuters- whizzing down 9th Avenue at rush hour squeezing seamlessly through thousands of stalled frustrated cars-all waiting to get into those Jersey bound tunnels-looking back, smirking and thinking-suckers!

But for all those years of adrenalin driven,exhilarating cycling through these frantic city streets, I didn't wear a helmet. Oh I knew I should wear one, but it wasn't until one afternoon, while riding on my Mountain bike along the car free Hudson River bike path near around 123rd St when I unexpectedly became-shall we say- humbled. Again, no cars, in fact, at this point, no other cyclists, just me, a pretty sunset and the breeze, then all of a sudden, I lost my footing, and ka- bam!- down I went- real hard.

Through the grace of forces beyond my comprehension, I held my big head away from the paved path- and instead, hit the pavement with my chin full force. Two cyclists saw the benign looking crash and realized there was a much more serious looking bloody mess- so they stopped. One took it upon himself to call an ambulance. The two spandex sporting, helmet wearing types stayed with me fending off the curious inquiring passers by who wondered aloud- if I was okay. Looking back, I think they recognized that I was loosing a decent amount of blood-which had me spooked, one even offered his shirt to put pressure on the main wound until the ambulance arrived. When the EMS did figure out where we were and had parked on the car whizzing West Side highway- they made it to the spot and put me on a board. At that point my neck and head secured tight, all focus and sight was on the sky. The EMS loaded me and my bike up and took me off to a nearby hospital. Along the way, the EMT attendant kindly lectured,and informed me that if I had fallen in a slightly in different angle, my skull would have likely cracked, like an egg shell.

He said he saw bike accidents on the city's streets all the time- some more severe than others. And while the average risk for a cyclist to get hurt is relatively low- especially when compared to accidents in cars or even pedestrian who get bit by a car- there's no doubt-helmets reduce the chance serious injury in a bike crash, or even a simple fall like my incident.

Once healed, before I stepped back onto my wonderful bike and the adventure waiting on the city streets, I went out and found a helmet.

The fact is- I just lost my footing- and guess what- so could any of the thousands of other New York City residents who are discovering that this fast, clean, healthy way to get around our city is the most efficient, exhilarating and fun way to travel. Wearing a helmet doesn't make cycling seem dangerous- and if your worried about your looks like I can be-rest assured- you can fix your hair in a bathroom at your destination. The truth is- Helmets help those of us who wear them look a little bit smarter.

Why the NYC bike share is Delayed

From GOTHAM GAZETTE NEW YORK — The firm picked by the city to run what is meant to be the nation's largest bicycle share program has been dogged by questions about how it got a contract to run a similar system in Chicago, while its partner is being sued by a key software developer. City officials announced last week that the much-anticipated bike share program would be delayed from its expected roll-out this summer to March 2013. Mayor Michael Bloomberg blamed the system’s software. “The software doesn’t work. Duh,” Bloomberg said on his radio show. “We’re not going to put it out until it does work.” There may be a good reason why the software doesn’t work: It’s unfinished. According to the city official in charge of the recently launched bike share program in Chattanooga, Tenn., which uses the same platform, the software is undergoing “ongoing development.” "There's still work to be done — features to be added — and that's where we are at the current time," said Philip Pugliese, of Bike Chattanooga. Link to full story

IN SOCIALLY CONSERVATIVE NORTH DAKOTA, A GAY CANDIDATE USING THE WEB TO WIN (TechPresident)

BY Cody Lyon | Friday, August 3 2012 (from TECH PRESIDENT- PERSONALDEMOCRACY.COM Exclusively for Personal Democracy Plus subscribers: Joshua Boschee is an openly gay candidate for public office in a socially conservative state, but observers say he's got a real shot at becoming one of Fargo, North Dakota's next representatives in the state legislature. Boschee's home state of North Dakota has, according to one study, the lowest proportion of same-sex couples in the United States. It's a conservative state, although "conservative" means something different in the only state in the Union with a state-owned bank and a state-owned grain mill and elevator. LINK TO FULL STORY

Share your ride; Make some Cash- story from BIZJOURNALS.

by CODY LYON 8/4 ...FROM UPSTART-"But while riding in a car with a potential BFF sounds more fun than schlepping to a crowded, stinky bus station—and whole lot cheaper than a plane or train—what happens if you're a chatty self-professed fashion junkie who enjoys Madonna in a smoke-free, air-conditioned environment? Your idea of a perfect nightmare might be a road trip with a patchouli-wearing, pack-a-day Marlboro Man driver that prefers listening to Phish with the top down for the four-hour drive to our nation's capital. To help avoid such uncomfortable rides, users need a Facebook account to set up profiles at the Zimride website. That lets both driver and passenger check each other out in advance, see if their musical tastes jive, and determine if they have some shared friends. Established in 2007, the ride-share program is just one of three products Zimride offers. The other two parts of the business are a short-route phone app-based service that’s being piloted in San Francisco and software that Zimride has licensed to 140 universities and private companies to help ease parking congestion." FULL STORY AT BIZJOURNALS

A plan for Austin's South Shores Central (Next American City)

by Cody Lyon from NEXT AMERICAN CITY On any given day after 5pm, thousands of joggers, cyclists and pedestrians descend onto the Roy and Ann Butler Hike and Bike Trail along Lady Bird Lake in central Austin, Texas. For 5.4 miles on both the water’s north and south side, enchanted tree-lined paths offer big views of the lake, sunsets and twinkling lights of a constantly changing downtown skyline. It is one of those places, like Austin City Limits venue Zilker Park or the south side’s funky, food-truck-lined streets, that make the boho Texas capital what it is. Recently, property owners in the district — including the city’s daily paper, the Austin American-Statesman — have realized there is potential for growth yet untapped in the area, and put several tracts totaling 19 acres in the area up for sale. Given Austin’s boomtown status, it’s no secret that developers smell opportunity. Full story at AMERICANCITY.ORG

New York City and the nation's largest Bike Share (2 part series- Gotham Gazette)

Cody Lyon for Gotham Gazette NEW YORK – On a recent Sunday afternoon at the outdoor flea market along the Williamsburg, Brooklyn waterfront two blue bikes splashed with the Citibank logo stood under a tent awaiting riders. As hundreds of people walked among the flea market vendors, a few peeked in to check out the cycles. One guy said the bikes "ride pretty smooth." The unisex, 3-speed, bell-and-light-laden upright bikes were being demoed to give New Yorkers a chance to try out the city's big bike share before it gets up and running later this summer. Once it has been completely rolled out, the program will likely be the largest of its kind in the nation – and New York City will have finally joined other cities in the U.S. and in Europe, where such systems have been around for years. LINK TO PART ONE OF STORY ****************************************************************************************a LINK TO PART TWO

Will the new Bike Share Change the face of NYC

Will NYC bike share change the collective psyche on cycling in NYC (Gotham Gazette) Once it has been completely rolled out, the program will likely be the largest of its kind in the nation – and New York City will have finally joined other cities in the U.S. and in Europe, where such systems have been around for years. If the $41 million program makes it in the city, it could potentially transform the way that New Yorkers get around the metropolis with hundreds of thousands of new bike trips being taken each year. But will the Big Apple's collective psyche shift from the bike being perceived as a tool of recreation and exercise to that of a more utilitarian or alternative form of public transit? Will it be safe, in a city that is notoriously peevish toward cyclers? Simply put, will the share program usher in broader acceptance of the bike? Link to full story

Accepting my human Vulnerability on Two Wheels

by CODY LYON Images below-

I ride my bike pretty much everywhere I go here in New York City. This past year, while living and working in Austin, I pretty much subscribed to the same practice.

I got back to New York the first week of June and since then, have been using my bike as a primary mode of transporation but also, kissing the city I love so much. There's nothing like catching up with familiar sights up and downtown while pedaling from neighborhood to neighborhood each with distinct flavors and sounds. It's also easier to catch the city's waves of infectious street energy while pedaling past the walking masses on their way to meetings, lunch or maybe just the gym. Cyling is the best way to scope out new construction projects across town that could lead to potential new stories for a real estate reporter-like me. And, like a child in a candy store, I've had my I Phone with me everywhere, taking photos and showing them off-in real time- on facebook as well as other social media sites.

But- recent events have reminded me that I've been pedaling sans helmet again. My most recent excuse-fitting-you see, I have a large head. In Austin, it was the heat, oh it gets to hot under there. Then of course,pure vanity, my hair-or, oh at forty something- I'll look dorky? What's really stupid is the fact that the minimal protective armor a helmet provides has been shown to reduce the incidence of catastrophic injury that can occur when skull-bone- meets hard concrete or the steel frames of a moving tons heavy austomobile or truck.

Worth noting- cycling in New York City increased 8% between 2010 and 2011, 102% since 2007, and 289% compared to 2001. During the same time, safety increased for all road users. As recently as 2010-of the more than 6,000 New York City traffic accidents that involved cyclists, 36 people died, according to the state Department of Motor Vehicles. Also in New York City- 92% of all bicyclist fatalities occurred as a result of crashes with motor vehicles, and 91% of bicyclists who died were male.

As part of my welcome home to New York City, I've had two close calls on my bike over the past 8 days. The first time-I was behaving foolishly-filming the sights of Times Square while riding on the bike lane. That behavior-despite being called out by a friend who'd spied me texting while riding my bike just days before. Although I was moving slow while obtaining my tourist footage, I wasn't looking ahead or paying full attention to my surroundings. Then suddenly-a cab door had swung open in my path- I hit it- and fell off my bike. That time I landed on my feet. It made for a silly You Tube video moment.

But then on Thursday June 15th at around 730, I was riding my bike along the Hudson west side bike path. At some point, around 105 st, perhaps I was distracted by the beautiful sunset or maybe my chain malfunctioned, as the EMS official later theorized. All I know is that I lost my footing and down I went. No cars, no other cyclist were involved at all-I'd gone against the statistics- this incident was just me and I was not wearing a helmet.

This time, as I flew down to kiss New York in a way I'd never intended, I had horrible and split second fatalistic thought that this was not good. Through the grace of God, I didn't hit my head or land in a way that compromised my upper spinal cord. Instead, my big chin took the brunt. Blood was gushing from my face, I felt the flap of flesh on my chin and rubbed my tounge on my teeth- they were all there.

Several people stopped, but two in particular stayed with me and waited until the EMS arrived to take me to the hospital. At St Luke's hospital, I was cleaned up- x-rayed and my chin was sewn up- 7 stitches. (Sweet folks in that ER.) Funny-but I look like Mike Tyson after a bad fight. Lessons learned- we are fragile creatures, eggshells on two wheels so NEVER ride without a helmet. Also, there are angels among us, like the two who stayed with me until help arrived. And friends like those who called and the one who came to get me and take me home- are to be treasured.

After these days of mishap and a painful but mild recovery but in fact-I'm accepting my vulnerability as a human being- I am only human. I only have one body, and one brain that is housed inside this shell called a skull. My spine allows me to walk and lift my arms and even scratch myself because it allows me to know, I have an itch.

Sometimes, accidents do happen regardless of how carefule we are, but it's probably best to to pay close attention to what I'm doing while riding a bike- and always-always wear a helmet. Otherwise, I may not be able to advocate for what I still believe is the most exhilarating, efficient and beautiful way to get around a city- esepcially the one I love most, New York.

New York City-

Crossed the Brooklyn Bridge by bike around 545 pm -then headed west to the WTC. Everyone else-thousands that they were- hurried off to rumbling trains, honking cabs or boats big and small-all heading to points north/south/east or west of this tiny sliver of earth downtown. But me, I stood with my bike and stared up. That's what happens after a year away from this magic island called Manhattan.-end.

Maintaining and Building a Viable Downtown Austin

EXCERPT FROM culturemap AUSTIN

We rarely need to get in our car. Life just feels simpler for us. The strange thing I’ve noticed is our lack of a need to get out to places like the grocery store. We just don’t need the same things we used to so our plate has been cleared of those soul crushing weekend errands, " said Westmoreland.

Close to 9,500 residents call downtown Austin “home." But even beyond that key core, within a three mile radius, are another almost 150,000 people and growing.

The desire to live, work and play downtown is measurable. But it remains to be seen exactly how leaders, planners and businesses will come together to sustain true healthy growth towards full downtown density enabling more Austinites to live, work and play downtown.
FULL STORY AT CULTUREMAP

Local music Legend and Austin nightlife titans form a venture (ABJ)

LINK TO STORY

excerpt from Austin Business Journal;

“I’ve been playing bars for 45 years and I’ve seen plenty of them open then close the next year,“ said Benson, who was only recently spurred to get into the bar business.
When approached with the idea to open a bar, Benson knew Luckie and Williamson had a solid record of food and beverage success and couldn’t pass up the opportunity.
There’s no doubt all three men recognize that nightlife is as much an industry, as it is entertainment. Millions are spent each year on the construction of bars and restaurants and Texans spend upwards of $4 billion a year on liquor alone, according to the Distilled Spirits Council . That figure doesn’t take into account cover charges and other revenue streams, all providing employment for thousands of people.

The Silent Market- KUT RADIO INTERVIEW

LINK TO STORY AT KUT

FROM KUT RADIO AUSTIN
Many high-end home sellers are bypassing the traditional multi-listing service in Austin, relying instead on the so-called “silent market.” Cody Lyon of the Austin Business Journal explains more about this word-of-mouth style of selling real estate.

I would describe it as sort of an insider’s club for home sellers. What you have are people who, for whatever reason, choose to market their homes more discreetly. The silent market is really a term that was coined by some folks who market homes not through the traditional multiple-listing service, but they do it by word of mouth. Probably the biggest benefit to not advertising on the multiple-listing service is the discretion that you are afforded by going quiet – by marketing quiet.

If you’re in a hurry to sell your home, then the multiple-listing service is the way to go. But if you’ve got a lot of time to kill, you know, you’re not really thinking about selling your home but you’re flirting with the idea of selling your home, if you put it on the silent market then you are able to sort of test the market and see whether or not there’s even any interest at all.

One broker that I spoke with told me that this is generally an area within five miles of the Capitol. He said that the homes start at around $500,000 and go up to $1 million or more.

Read Cody Lyon’s full article online at the Austin Business Journal.

KUT Radio Interview: Austin Water seeking long term Solutions

The city of Austin is revisiting water restrictions that may go into effect next year. As the drought continues, water levels in Lakes Travis and Buchanan drop ever lower. That could mean cutting back on water usage in Austin and elsewhere. In this week’s Austin Business Journal, Cody Lyon reports that the city is working with businesses on a possible rewrite of those rules. He tells KUT’s Matt Largey that no one took into account what would happen, if stringent water restrictions are needed for a prolonged period of time.

LINK TO KUT STORY

KUT RADIO INTERVIEW; Austin Retail Space Shrinking

LINK TO KUT RADIO BROADCAST

Austin businesses looking to change or expand locations are finding it’s getting harder and more expensive to do so. Cody Lyon of the Austin Business Journal discusses the challenges concerning retail space with KUT’s Ian Crawford.

Vacancy rates have risen to up to 7 percent in some areas, as opposed to 15 percent in parts of Round Rock and Williamson County. Coupled with a decline in retail construction, this is giving landlords more opportunity to be more selective about whom they rent to. In order to develop successful, working relationships with their tenants, landlords want to know the business plan.

Being up front with the landlord is beneficial because oftentimes they’ll work with you, Lyon said. There could be some flexibility in the beginning stages of the lease term, for example. Ultimately, your success is their success as well.

Cody Lyon, on whether Austin should expect to see more retail and office space built anytime soon:

I think we will eventually, but right now the issue is money. The issue is lending. The banks are not necessarily lending. There has been talk and there have been studies of outside money that’s looking to invest and Austin is one of those cities that has moved beyond what most people associate with Middle American cities.

Austin ranked as the number two market to watch in the United States in an Emerging Trends in Real Estate report released last week.

VISA Program Draws Mexican Investors looking to escape Cartel Violence; Link to KUT.ORG

FROM KUT.ORG; A program that provides U.S. visas for small-business investors from overseas is becoming more attractive to well-to-do Mexicans. Cody Lyon writes about the EB Immigrant Investor program in this week’s Austin Business Journal. He tells KUT Ian Crawford about the effect of drug violence is having on well-to-do Mexicans, and why may are looking north to invest their money..

The types of people that were looking to invest this money are people who are successful in Mexico – they have drivers, they have maids, they have ways of life that they can afford there. But they are targets of cartel violence. As I was told by the Hispanic Chamber of Commerce here in Austin, it’s almost impossible to succeed in business in Mexico and not be a target of some sort of retribution.

You can hear the rest of the interview by clicking the audio player above.

Interview on KUT Radio Austin (Cody Lyon)

FROM KUT AUSTIN:</b> Three major hotel development projects are making progress in downtown Austin’s Central Business District. The area lacks a sufficient amount of rooms needed to house convention-goers, but a number of plans to remedy the issue of room stock have already fallen by the wayside.

Cody Lyon of the Austin Business Journal explains:

Smith Travel Research Inc. lists nine hotel projects as active in downtown Austin. If they were all built, they would add 3,219 rooms to the area. But a lack of financing has many experts counting them out of the running.

“I would be very surprised if half the rumored projects in Austin actually get built over the next three years due to on-going difficulties in the debt markets and the increased levels of required equity that many developers are simply not capable of producing or committing to,” Yiankes said.

According to Lyon, the district’s room stock will increase from 7,674 to about 10,000 if the three projects continue as expected.

LINK to KUT

Cody Lyon on KUT talking about Bastrop County Land Values post wildfires

LINK TO AUDIO

In this week’s Austin Business Journal, Cody Lyon looks at Bastrop County land values that could be cut in half as the real estate market faces dramatic ups and downs resulting from the wildfires that scorched almost 35,000 acres.

Dramatic value dips would be problematic for many landowners, but they could yield opportunities for investors looking to employ a patient buy-hold strategy while this patch of Texas recovers.

“We’re confident there will be some devaluation in the acreage charred by the fires,” said Cameron Boone, director of research at Lewis Realty Advisors Inc. Lewis Realty estimates the value of land directly impacted by wildfires could drop by up to 60 percent.

This might open the door for what some call vulture investors, who swoop in and offer pennies on the dollar for damaged properties, Boone said.

Click on the player to hear KUT’s Emily Donahue talk with Lyon about his report.

KUT Interview: Central Texas Wildfires leave thousands Displaced: Yet, Austin's rental market is tight; What's happening as a result?

FROM KUT AUSTIN 9/15/2011
In this week’s Austin Business Journal, Cody Lyon reports that thousands of residents displaced by wildfires may soon be flooding the already-tight Central Texas rental market.

“Not much rental housing has been built during the past two years due to the recession, leaving only about 4 percent of units vacant. That scarcity doesn’t bode well for the newly homeless. Many call the situation dire,” he reports.

Many residents will receive state and federal disaster aid. Agencies and even The Austin Board of Realtors are working with property owners to find available apartments and houses for short-term and longer rental.

Click on the player to hear KUT’s Emily Donahue’s interview with Lyon.

Link to radio interview at KUT

Story at ABJ

Cody Lyon at ABJ appearing on KUT/NPR on the Drought in Texas

link to story

Sunset: Lake Lady Bird in Austin; A Union Pacific train's crossing

Being interviewed by PR over Coffee

Link to podcast

from Austin: on the radio stories

Floating homes story


Shipping containers as construction material?

Real Estate folks; Please Check out Cody Lyon's updated CREOpoint page for AUSTIN!

Here, you'll also find links to a few samples to some of my past CRE/RE reporting

LINK TO CODY'S CREOpoint page

Looking back at a story that's worthy of novels and documentaries; Brooklyn's Atlantic Yards

from Cody Lyon's clips while at ALM's www.globest.com. sample of stories from the 08-09 period covering the proposed, years long, lawsuit laden, public/private financed Atlantic Yards project in Brooklyn;

Before I share the few stories I reported on Atlantic Yards, below find the latest from "The New York Post" along with blog entries from "The New York Times" and Huffington Post and Atlantic Yards report. For the real estate, political and urban planning junkies among you, pay attention to details offered in some of the latest reporting including references to what some saw as "sweetheart deals" that on the surface, appears to short change New York State public agency coffers including a cash starved MTA. If the latest reports hold true, it would appear some of the fears project opponents expressed over these few past years are being realized, mainly a lack of much needed affordable and for that matter, market rate housing, which is unfortunate for Brooklyn. Then again, some might say, it was the public opposition itself, the drama of holdouts, eminent domain and the subsequent delays in courtrooms that spoiled chances for developer Ratner to secure necessary financing for completing his mega project. In any case, despite one's opinions of the Atlantic Yards saga, in general, some might say there's a greater need in these challenged times for more scrupulous examination of how massive transformative projects like this get sold or forced onto the public; then co-financed through quasi private/public coffers and whether or not, its wise to sell valuable public land or air space at bargain basement prices based on promises that can easily be broken, especially when state budgets/public agency budgets are basically breathing on debt.
"New York Post"


http://www.nypost.com/p/news/local/brooklyn/nba_deal_is_net_loss_for_klyn_0jQTL97MrYcvmOMqct4TOK
"New York Times"


http://fort-greene.thelocal.nytimes.com/2011/04/05/the-day-rain-falls-down-barclays-center-goes-up/

">Huffington Post

But the most meticulous and thorough comes from >Norman Older's Atlantic Yards Report


Here were my stories from back 08 and 09 for a bit of perspective on how this all got to this point. There was plenty of in-depth coverage from other mainstream sources like the New York Observer but also those with vested interests in their community's direction but clear opposition to the project, including Norman Older in Brooklyn as well as the No Land Grab report.

globest.com's reports from Cody Lyon
******************************************************************************************************
Last Updated: April 1, 2009 06:05am ET
Despite Lawsuits, Atlantic Yards Sees '11 Opening

By Cody Lyon

Atlantic Yards

NEW YORK CITY-Hoping to challenge an Environmental Impact Statement that further paves the way for Forest City Ratner Cos.’ proposed Atlantic Yards project in downtown Brooklyn, a community activist group has filed a motion in the appellate division of New York State’s Court of Appeals.
The motion from Develop Don’t Destroy Brooklyn challenges a Feb. 26 ruling that upheld the state Supreme Court’s dismissal of DDDB’s suit in January, saying the state had met its environmental review obligations regarding Atlantic Yards. The appeal is one of two pending legal actions that challenge the project that involve DDDB, the community group founded a few months after FCRC first unveiled its plans for the site.

Despite the legal actions, an FCRC spokesman tells GlobeSt that the developer hopes to see Barclays Center Coliseum open by 2011. Although FRCC expects to encounter further delays because of litigation, the developers expect to close on its deal with the Metropolitan Transportation Authority and break ground on the 22-acre project.

“We’ve gone about as far as we can go at this point with the preliminary work, including sewer, track, infrastructure and utility work, along with demolition,” the FCRC spokesman tells GlobeSt.com.

Separate from the current appeal is what DDDB currently calls its main lawsuit. The group charges that New York State violated its own eminent domain laws when it approved the Atlantic Yards project in 2006. “All sides are awaiting a decision,” a DDDB spokesperson tells GlobeSt.com. “If we win, the project is dead; if we don’t win, we will appeal.”

Five of the eight blocks making up the future project’s footprint are within the 1968 Atlantic Terminal Urban Renewal Area, making the area ripe for future economic revitalization efforts. Within those five blocks are eight acres owned by the MTA for use as a below-grade rail yard. But adjoining that, three privately owned contiguous blocks located on the south side of Pacific Street that are privately owned. Critics say that over the past few years, FCRC bought large portions of property within those blocks, making it easier for the Empire State Development Corp. to label the entire area as blighted and enabling the taking of lots through eminent domain.

“FRDC doesn’t own the railyards, they haven’t paid anything to the MTA,” the DDDB spokeman tells GlobeSt.com. “If the MTA wants to pull out of its $100-million agreement, it could.” An MTA spokesman tells GlobeSt.com that the $100 million was due when the deal closes.

In ’06, then-Gov. George Pataki called ESDC’s approval of the project “another important milestone in the creation of tens of thousands of construction jobs, thousands of permanent jobs, and critically-needed housing, including affordable housing.” As part of its efforts to bring the project fruition, both the city and state agreed to provide the project with $100 million each. That same year, mortgage recording tax exemptions were provided on the residential component of the project.

Public speculation has increased over the project’s future as reports surfaced about its design, size and scale as well as the impact of the recession on financing. In February, GlobeSt.com reported that FCRC refinanced a $161.9-million bridge loan on Atlantic Yards, extending its due date to February 2011.

Originally, phase one of Atlantic Yards, including the new rail yard, the arena, housing and other developments on the western portion of the site, were scheduled for completion in 2010. According to a December 2006 ESDC memo, at least 30% of the housing developed in the arena block of phase one was set to be considered affordable housing.

DDDB believes the only component of Atlantic Yards Brooklyn will likely see in the next few years will be the Barclays Center arena, which is to house the Nets basketball team. “Bruce Ratner has every intention to take control of that land and build an arena and build the rest of the project once the economy picks back up, if it does,” says a spokesman for the group.

But an ESDC spokesman says the project has always been planned in phases. He tells GlobeSt that around 20 lawsuits have been brought attempting to kill the project and almost all have been subsequently dismissed. He says that ESDC looks forward to having resolution on the issue. “Atlantic Yards’ construction timeline is totally dependent on the litigation and once the litigation has been resolved, the project will continue right away,” the ESDC spokesman tells GlobeSt.com

The DDDB spokesman says it is not litigation that’s stopping FCRC from going forward with the project. He says that since the project was approved in December ’06, all FCRC has done to forward the project is demolish half the necessary buildings and complete some infrastructure work.

The opposition group’s spokesman says FCRC’s goal is to get control of the land, by getting past the lawsuits and perusading the state to take the properties so that FCRC “controls the 22 acres” whereby FCRC builds what it wants, when it wants. “There’s a misperception out there that the project's dead because of the economy and it just simply is not true,” he says.
ESDC Stands by Atlantic Yards - Daily News Article
Last Updated: May 20, 2009 12:04pm ET
UPDATE
ESDC Stands by Atlantic Yards

By Cody Lyon
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Atlantic Yards

NEW YORK CITY-Debate surrounding Brooklyn’s long-delayed Atlantic Yards project continues as a group of residents and business owners--who last week saw their challenge to the Empire State Development Corp.’s use of eminent domain dismissed by a state Appeals Court--vow to press on to the higher New York State Court of Appeals. Meanwhile, ESDC--the state’s quasi-governmental agency that partnered with FCRC to develop the 22 acres near downtown Brooklyn--defends the rationale behind public "support" of the project, telling GlobeSt.com that Atlantic Yards "will result in the revitalization of an underutilized and blighted area."
Regardless, beyond a widely reported statement expressing Forest City Ratner Cos. CEO chair Bruce Ratner’s "thrilled" reaction to the court dismissal, when asked about the very timely issues of financing and star architects, an FCRC spokeswoman tells GlobeSt.com the company has "no other comment" at this time. However, in April, a spokeswoman did tell Globest.com that FCRC hopes to see the Barclay’s Center Coliseum portion of the project open by 2011.

According to the ESDC, the agency will "own the arena" where the Nets plan to play basketball in Brooklyn. "However, pursuant to various lease agreements, all operational obligations will be borne by an FCRC affiliate," says the ESDC spokeswoman.

But not giving up just yet, Matthew Brinckerhoff, the lead attorney representing the residents and owners in the court, case tells Globest.com that if the Court of Appeals agrees to hear the case, "we’re going to be litigating this for the next year and a half." The three issues he’s arguing are whether the state constitution provides greater protection to individual property rights than the US Constitution; whether the project violates article 18, section 6 of the state’s constitution restricting use of eminent domain and use of state funds to low income housing; and finally, whether the public benefits outweigh the private benefits Ratner will accrue.

Of the ESDC’s assessment of the public vs. private benefits, Brinckerhoff says nobody knows for certain which benefit outweighs the other, and that the ESDC has never made a record of it public. Still, speaking to critics who see his clients as spoilers who are simply more opposed to Ratner’s potential largesse than the project itself, he says "we don’t have a problem with a private person benefiting from the taking of property. But if the benefits to that private person outweigh the public benefit, that’s when it violates the constitution."

Disputing doubts of a public benefit, ESDC’s spokeswoman cites the additional housing that includes not less than 2,250 affordable units, an upgraded Vanderbilt Yards, a professional NBA franchise in Brooklyn, significant construction and permanent full-time jobs as well as substantial tax revenues for both the city and state. ESDC says "the project will receive $100 million in aid from the state, which was earmarked by the Legislature." She adds, "It is not expected that the state will provide any further assistance other than what is set forth in the general project plan."

Back in 2006, what was then known as the New York State Urban Development Corp.--today’s ESDC--adopted a modified GPP. That plan says that "additional fundings shall be made taking into account monies expended by FCRC, provided that (1) at no time will (i) the costs reimbursed to FCRC by the city and state, in the aggregate, exceed 50% of the total costs incurred and paid by FCRC, and (ii) the amounts funded by the state exceed the amounts funded by the city, and (2) such additional fundings shall be made upon other terms and conditions to be agreed upon by the parties." The document also says that on a present-day (2006) basis, a completed Atlantic Yards will generate $652.3 million of city tax revenue and $745 million of state tax revenues in its first 30 years of operation.

On May 16, the New York Times reported that over the last six months, Ratner has sought additional subsidies beyond the $300 million in cash and tens of millions in tax breaks already approved for the project. The article discusses the increasingly common difficulties that developers face in achieving financing in the current economy.

While FCRC did not respond to questions regarding its ability to finance Atlantic Yards, ESDC’s spokeswoman says the agency "believes financing is viable at this point in time ESDC regularly meets with FCRC and its various financial advisors to discuss financing issues. Obviously, FCRC is counting on accessing financial markets at the time of closing." Of the arena’s final design, size and scope, the ESDC spokeswoman says "clearly the design of the arena will impact costs and have an affect on financing requirements."

In response to GlobeSt.com’s question as to whether FCRC would use the original Frank Gehry design for the arena or perhaps another architect altogether, ESDC says GlobeSt.com that was a question best answered by FCRC. Told that FCRC had not provided an answer, the ESDC spokeswoman says "regardless of Gehry’s involvement, ESDC’s design guidelines must be met."

Categories: Northeast, Development, Legal, Industrial, Office, Retail, New York


ast Updated: June 2, 2009 08:42am ET
ESDC: Atlantic Yards Project Will Shrink

By Cody Lyon

Perkins, Montgomery, et al

NEW YORK CITY-Whistles, shouts and the big inflatable rat used by construction unions to mark non-union work-sites greeted attendees of a New York State Senate "fact finding" hearing that attempted to have a look at the controversy-laden Atlantic Yards project this past Friday at Pratt Institute in Brooklyn. One fact did emerge: the project will be smaller in scope, specifically the centerpiece Barclays Center Coliseum. Like the day itself, the hearing in the basement auditorium of Higgins Hall turned hot, as job-hungry hecklers dressed in hard hats and orange vests--reportedly union construction workers--tried to drown out critical questions and answers from state and city officials, activists and politicians.
Convened by Harlem state Sen. Bill Perkins--chair of the Senate’s committee on Authorities and Commissions--and Brooklyn State Sen. Velmanette Montgomery, the panel sought answers from representatives of the Independent Budget Office, Empire State Development Corp., the Metropolitan Transportation Authority, the New York City Economic Development Corp. and the New York City Housing Development Corp. No one testified from project developer Forest City Ratner Cos., although a Perkins spokesman tells GlobeSt.com that FCRC was invited.

Acknowledging economic reality of "now" and the challenges it presents, ESDC CEO Marisa Lago said "there is not one of us who works in economic development who isn’t aware of the impact the economy is having on economic development projects."

That said, she added the project would be going through a value engineering process. Lago compared the project’s current budgeting for the project’s centerpiece arena--around 10% of the original plan--to a wish list one makes when planning the renovation of a 45-year-old kitchen. Suddenly faced with the sobering realization that the wish list is too expensive, Lago says of the centerpiece stove, the planned "six- burner stove becomes a four-burner."

That may explain why last month, developer Bruce Ratner said he was scaling back costs for the $950-million arena to $800 million. Lago told the hearing that the trimming would be in amenities like luxury boxes and the project’s finishes. Albeit a less exciting vision, Lago said "it will be an arena for a national sports franchise." In January 2007, it was announced that British Bank Barclays had purchased the naming rights to the arena. Reportedly, the bank would pay $400 million over 20 years.

Despite the "basic-ness" of the scaled-down arena, Lago stressed the overall long-term project’s footprint remains the same as it did when first proposed. As a spokesperson for ESDC told GlobeSt.com, last month, "clearly the design of the arena will impact costs and have an impact on financing requirements." So far, there’s been no confirmation on when construction will begin, despite the fact that as recently as April, an ESDC spokeswoman was telling GlobeSt.com that FCRC hoped to see Barclays Center Coliseum open by 2011.


Also partaking in the quizzing was State Assemblyman Hakeem Jeffries, who asked Lago if it was more economically feasible to construct the arena or housing. Lago responded that the economics of the arena “will be borne by the folks who buy the bonds.”
At Friday’s hearing, MTA interim executive director Helena Williams said FCRC had “proposed a smaller upfront cash payment for the land,” where the Vanderbilt Yards now sit. She said that FCRC was negotiating a smaller amount, plus “additional payments over time.” In 2004, the 8.5-acre railyard was appraised at $214 million. FCRC’s bid of $100 million was $50 million less than a similar bid by competing developer Extell Corp.

After pointing out that the Long Island Rail Road started operations in Brooklyn back in 1836, the interim MTA head told the hearing that FCRC sought to reduce the $100 million it had promised for the MTA land’s air rights. When Perkins said he’d heard a rumor that the $100 million had actually shrunk down to $50 million, Williams pointed to ongoing "intense negations" between the agency and Ratner, joking with Perkins that "between what you heard and what was in the paper, I like your number better."

Williams said MTA anticipates a "restructuring" of the deal in June if the outcome of negotiations between the MTA and Ratner are approved by the MTA board at its meeting on June 24. She promised to let the panel know what happens.

Williams also confirmed that the MTA would allow Ratner to scale back $445 million in improvements at the LIRR’s new Vanderbilt Yards. "The new yard will have seven tracks plus an eight-car drill track," she said. The original plan had called for nine tracks.

When George Sweeting, deputy director of the city’s Independent Budget Office spoke before the panel, he cited a 2005 report that said the arena would generate "a modest positive fiscal impact for the city of about $25 million net present value over 30 years." In prepared testimony, he noted a few changes that include an increase from $100 million to $205 million in the city’s capital contribution, although some of that will go to infrastructure.

He said those changes "alone therefore eclipse the $25 million in net positive benefit to the city that we previously estimated for the arena." Addressing the use of tax-exempt bonds for financing, Sweeting said that at "the price and the current interest rate environment, IBO estimates that the public-sector cost in foregone tax revenue from the bondholders would be $200 million," with $193 million of that borne by federal taxpayers. The city cost, he said, would be about $1.5 million. "FCRC’s savings would amount to $191 million," Sweeting testified.


Sweeting noted that current plans call for the Atlantic Yards arena, much like Yankee Stadium and Citi Field, to be financed through an "aggressive interpretation of Internal Revenue Service regulations that will make it possible to use tax exempt bonds for most, if not all, of the arena’s construction costs"--provided they break ground by the end of the year. However, he said, in the previous stadiums’ cases, the city finance department indicated what the property tax assessments would be prior to the start of construction. In the case of Atlantic Yards, he said no similar announcement had been made. But he did say it was notable that the land assessments for the parcels under the arena have more than “tripled in the last three years.”
One of the more drama laden moments at Friday’s hearing came when, in a surprising turn, State Sen. Marty Golden showed up midway through the hearing, announced by two men who shouted, "Marty Golden’s here." Golden was scolded by Perkins for making such a loud and grand entrance. Golden responded that he couldn’t help who follows him around.


Regardless, Golden makes no secret of his support for the construction of Atlantic Yards noting the thousands of jobs it is projected to create. Bringing the crowd to its feet, Golden led a pep rally moment saying the project would bring millions in tax revenue and jobs. Golden asked if there was any federal stimulus money allocated for the project. When told by Lago that ESDC would request federal money if asked, Golden told her he’d make the request, the crowd rose and the chaos began.
Controversy and questions surrounding Atlantic Yards’ design, size and scale details go back years. Perhaps the biggest setbacks to the project’s groundbreaking have been lawsuits that sought to stop the ESDC from using eminent domain to clear the project’s footprint of current residents and business owners. But more recently, as the economy went bad and credit markets froze, obstacles to developer financing added to doubts about the $4-billion project’s fruition.

Further fostering public skepticism and controversy is a series of vague answers to questions concerning simple project details over size and scope, questions that remain unanswered. For example, neither ESDC nor FCRC will say if the arena’s architect is still Frank Gehry, despite FCRC’s receipt of an estimated $300 million in taxpayer funded subsidies.

However, reports have circulated that Architectural firm Elllerbe Becket would replace Gehry as architect at the arena. In a Tuesday call to GlobeSt.com, Bill Crocket, AIA, principal at the firm said, "We are working with Forest City Ratner, doing some analysis, and as far as any decision is going to be reached, I can¹t tell you." He added that he didn't think any decisions about timing, or anything else, had been made at this point.

For its part, FCRC said in a statement passed around at the hearing that “after five years of public debate and countless hearings, it is time to get to work. The arena and an NBA team in Brooklyn will create jobs and excitement and the affordable housing is sorely needed in the borough. Opponents have significantly delayed this project, including the jobs, housing and tax benefits. Now is not the time for re-debating the project. It is time to get to work.”

Categories: Northeast, Development, Capital Markets, Industrial, Multifamily, Retail, New York


UPDATE
Activists Vow Appeal of Atlantic Yards Ruling
By Cody Lyon
Atlantic Yards

NEW YORK CITY-A four-judge New York Appeals Court panel dismissed a challenge to Forest City Ratner Cos.’ Atlantic Yards project this past Friday, saying the use of eminent domain to take private property to build housing--and in this case--a new basketball arena, does not violate the state’s constitution. The plaintiffs vow to appeal to the state’s highest court.
In one section of its decision, the court wrote "the condemnation does not violate the Public Use Clause of the New York state constitution because it cannot be said that the public benefits which the Atlantic Yards project is expected to yield are incidental or pretextual in comparison to the benefit that will be bestowed upon the project’s private developer."

Specifically, the challenge was brought by nine tenants and owners of property inside the 22-acre proposed project’s footprint against the New York State Urban Development Corp., a unit of the quasi-governmental agency Empire State Development Corp. ESDC would then condemn the nine properties and transfer ownership to Forest City Ratner, the sole developer of the project.

According to the court documents, the judges said much of the land to be acquired is "substandard, and that the taking [of it] is rationally related to the purpose of remedying these substandard conditions." They added, "any incidental profit that may inure to Forest City from the remediation of the blighted project site does not undercut the public purpose of the condemnation of the substandard land."

The dismissal removes yet another legal obstacle in the way of the long-delayed project that has been shrouded by a cloud of controversy. Calling it the development’s 23rd favorable ruling, in a statement, FCRC chair and CEO Bruce Ratner says in a statement that he is thrilled with the decision. He added that he was confident the project will break ground this year, with the intent that the Nets will play ball in the Barclays Center in the 2011-2012 season.

Despite the developer’s optimism, hurdles remain before the project’s initial construction sees fruition. In fact, a lawyer for the plaintiffs says the group will be appealing to the state’s Court of Appeals. And, if that court agrees to hear the case, Atlantic Yards could be in store for many more months of litigation.

Drawing a line in the sand, Matthew Brinckerhoff, lead attorney for the plaintiffs, tells GlobeSt.com that Ratner has not acquired his client’s property yet, and until he does, he cannot build the arena. Anticipating a Court of Appeals decision on whether or not to hear the case by late fall or by the end of the year, Brinckerhoff is optimistic the court will be open to hearing his client’s arguments. GlobeSt.com will have further insight and information on the case and its implications later today.
UPDATE JUNE 5
Gehry Off the Job at Atlantic Yards
By Cody Lyon
Atlantic Yards

NEW YORK CITY-Forest City Ratner Cos. and achitect Frank Gehry’s Gehry Partners released a joint statement Thursday afternoon saying that the architect is off the job at Brooklyn’s Atlantic Yards arena. FCRC said it had retained architectural firm Ellerbe Becket to serve as architect for the Barclays Center Coliseum, intended as the future home for the Nets and the mega-project’s centerpiece.
As recently as last Tuesday, Ellerbe Becket principal Bill Crocket told GlobeSt.com, "we are working with Forest City Ratner, doing analysis, and as far as when any decision is going to be reached, I can’t tell you." He added that he didn’t think any decisions about timing, or anything else, had been made at that point. But that was Tuesday, and as has been the case at Atlantic Yards, events change almost daily.

In today’s statement, which calls the end of Gehry’s involvement a FCRC chair and CEO Bruce Ratner says that "throughout this process--as litigation produced delay; as rising construction costs impacted the budgets of all developers; and a slowing economy altered expectations--Frank and his team have shown incredible flexibility and professionalism, making cost-effective revisions as needed. The current economic climate is not right for this design, and with Frank’s understanding, the arena is undergoing a redesign that will make it more limited in scope." For his part, Gehry says in the statement that "while there are always regrets at designs not realized, we greatly appreciate our ongoing relationship with Bruce and his team."

FCRC says it hopes to unveil new images of Barclays Center in late June and says it intends to break ground later this year in anticipation of a completed arena in time for the Nets to play the 2011-2012 NBA season in Brooklyn.

Last month, in response to questions from GlobeSt.com as to whether or not FCRC would use Gehry’s design for the arena, an Empire State Development Corp. spokesperson said that "regardless of Gehry’s involvement, ESDC guidelines must be met."

Ellerbee Becket has designed several sports facilities across the country including Conseco Fieldhouse in Indianapolis and Qwest Field in Seattle, as well as the Guandong Olympic Stadium in China. NBA commissioner David Stern says in the statement that he is "excited for Ellerbe Becket to design a world-class arena for Brooklyn and I look forward to opening night at the Barclays Center."

Categories: Northeast, Development, Industrial, Multifamily, New York



Categories: Northeast, Development, Legal, New York
Last Updated: June 24, 2009 08:10pm ET
ESDC Approves Modified Atlantic Yards Plan

By Cody Lyon
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Atlantic Yards

NEW YORK CITY-As was expected, the Empire State Development Corp.’s board of directors approved an amended General Project Plan for Brooklyn’s proposed Atlantic Yards project at a Tuesday morning meeting at its Manhattan offices. The move comes a day after the Metropolitan Transportation Authority agreed to give developer Forest City Ratner Cos. a break on financial terms for a parcel of MTA property FCRC needs to move forward with the arena portion of the project.
The cash-challenged MTA, which got a bailout from the State Legislature in May, says in a finance department staff summary that "in recognition of the impact that the financial and real estate downturn has had upon the economics of the original FCRC proposal, MTA staff and FCRC have negotiated other changes to this transaction."

MTA finance department documents show that FCRC will now pay $20 million up front for the arena property, and $80 million in deferred payments for air rights. The annual payments will extend through 2031. That compares to 2006, when the negotiated price had been set at $100 million.

In 2004, the 8.5-acre railyard was appraised at $214 million. FCRC’s 2005 bid of $100 million was $50 million less than a similar bid by competing developer Extell Corp. that same year.

The new plan also scales down the Vanderbilt Yards upgrade. Originally, FCRC was required to build a nine-track rail yard that could hold 76 cars. In the modified GPP that appears to be fast tracking its way through the approval process, only seven tracks will be built, for a capacity of 56 cars.

Unlike a raucous public hearing on Atlantic Yards earlier this month, at which ESDC representatives warned of cuts to the project, order and procedure permeated Tuesday’s ESDC meeting. Board members listened to 40 speakers. The majority were project supporters, some wearing red ACORN shirts, while others sported blue "Build Atlantic Yards" buttons, all mixed with a smattering of hard hats and orange vests. Project supporter talking points included union job creation, minority participation, praise of FCRC’s track record in downtown Brooklyn and the eventual arrival of the Brooklyn Nets at the project’s arena.

Although outnumbered in the speaker roster, project opponents articulated concerns that included peppering the board with questions of transparency, oversight and taxpayer financed developments. There was even a moment of public policy theatre, when an Atlantic Yards opponent sporting a "Develop Don’t Destroy Brooklyn" T-shirt used his entire allotted three minutes as a silent protest.

Later, board members assured the audience that they were indeed listening, that they did not speak or engage speakers because it was "never their intent to engage the witnesses."

UPDATE JUNE 26, 2009

Despite MTA Nod, Atlantic Yards Saga Still Unfolds
By Cody Lyon
Hemmerdinger

NEW YORK CITY-The Metropolitan Transportation Authority board voted 10 to 2 to sell its 8.5 acres of Vanderbilt Yards property at the planned Atlantic Yards site in Brooklyn to developer Forest City Ratner Cos. for $20 million down, and $80 million spread over the next 21 years. As MTA board chairman H. Dale Hemmerdinger pointed out after the votes were cast on Wednesday, "in real estate, you get what you can when you can."
Despite the latest generosity from the public coffers, the New York Times reported that FCRC needs to raise more than $500 million in bonds by Dec. 31 to build the project’s arena and qualify for tax-exempt status.

Specifically, Wednesday’s vote and subsequent new MTA payment schedule allows the developer to spread out payments until 2031. The new terms compare to FCRC’s 2005 original offer of $100 million up front. Even then, the $100 million FCRC bid was $50 million less than a competing offer from Extell Development Corp. for the property.

In a statement released after the MTA vote, Forest City Ratner sounded almost apologetic, saying “delays due to litigation and a difficult economic environment required the approved changes.” The statement adds “we have worked very hard, however, as have our colleagues in government, to ensure that these changes would in no way impact the overall benefits of the project.”

The project, steeped in years of controversy, litigation and now a dried-up credit market, has evolved into a scaled-down version of what was originally sold to public officials and city residents. More evidence of a project facing challenges arrived on June 5, when despite being the recipient of millions of city and state taxpayer-dollar subsidies, Forest City Ratner admitted the shedding of star architect Frank Gehry. Soon after, renderings surfaced that showed less than dynamic designs for the centerpiece arena portion of the project. On June 8, New York Times architecture critic Nicolai Ourousoff referred to the project renderings as a “monstrosity.”

When asked about the scathing Times critique that lambasted what it called more than a “betrayal of a particular community,” an ESDC spokesman tells GlobeSt.com that a final design and rendering of the project has not been released. The spokesman says that “an initial rendering was released, but that will look very different from the end product.”

In the few hours leading up to Wednesday’s vote, a familiar cast of supporters and opponents waited and chanted softly in a block-long line on Madison Avenue under the watch of armed security men and police dogs. Later, the crowd packed themselves into two large rooms on two separate floors of the MTA headquarters, where several signed up to spend yet another three minutes supporting or defending the project before a set of public agency board members, as many of them had done before the ESDC board a day earlier before it approved the new general project plan.

The MTA board as well as observers heard pro-project arguments that pitched Atlantic Yards as an economic engine of urban renewal, a ray of hope in an economically challenged community hungry for union jobs and affordable housing. Others pointed to the restoration of Brooklyn pride that the promised arrival of an NBA basketball team would bring and collective identity that some say disappeared after the exit of Walter O’Malley’s Dodgers to Los Angeles in 1957.

Project opponents, many of whom lectured board members on the definition of fiduciary duty, described the pending board action as a public giveaway, staged in a time when just a month earlier, the transit agency had been the recipient of a taxpayer-funded bailout. Straphangers Campaign chairman Gene Russianoff told the board it should try to structure a better deal. The group Develop Don’t Destroy Brooklyn even made a counter-offer, $120 million, which it said would place the property into a trust called “Unity.”

Another speaker, the Regional Plan Association’s Neysa Pranger, told board members that while the planning group opposed the deal as currently structured, it should be salvaged, but under stricter provisions. Calling Vanderbilt Yards a ‘major asset’ for the MTA and one of the most important transit oriented development sites in the region, RPA’s public affairs director said the “revised agreement appears simply too meager to sacrifice the long term potential of the site.”

Contacted after Wednesday’s meeting, an MTA spokesman defends the new deal, telling GlobeSt.com the agency “is pleased that we were able to reach an agreement with FCRC that acknowledges the current economic situation while still protecting the MTA’s transportation and financial interests.” Further endorsing the deal’s new terms, the spokesman points out that it means “the construction of a new rail yard sufficient to meet current and future LIRR needs, a new subway entrance at the arena and $100 million [net present value] to help fund MTA capital projects.”

The new GPP includes a scale-back of the original $455 million Vanderbilt Yards upgrade which at seven tracks with a 56 car capacity, is down two tracks from the original nine, which was set to contain capacity for 76 cars.

When asked about MTA’s comments, Pranger tells GlobeSt.com, “if you ask the ESDC or MTA, they say the net present value is the same as FCRC giving $100 million up front.”

She worries that the MTA’s pre-recession anticipation of revenue from Vanderbilt Yards and the West Side Rail Yards property sales blew holes in the MTA’s capital budget. And “that’s a problem, because they are relying on that money now,” she says. A major reason “why they should get more money up front, now,” she says. The deal for the West Side yards, a.k.a. Hudson Yards, has not yet closed as the MTA and the Related Cos. continue negotiating.

Pointing to the impact of nearly frozen credit markets, Pranger says “the MTA is renegotiating the deal with FCRC at a bad time. This negotiation period favors the developer. We thought there should be some caveats for realization of greater MTA revenues down the road if the market changes.”

At the MTA hearing, RPA also suggested that ESDC set up a subsidiary much like the city/state 42nd Street Development Corp. to guide future phases of the development at Atlantic Yards. RPA says that authority should include city, state and community representation that has the authority and professional capacity to evaluate and approve proposed changes in project design.

But an ESDC spokesman defends current efforts at community involvement telling GlobeSt.com, “we have been working with our partners at the city, MTA and FCRC over the past several months to create a modified GPP.”

RPA counters, “we recommend the subsidiary include not just agencies from the MTA and government, but from the community as well.” Pranger says that in the rush to secure the project before the end of the year, this element should not be overlooked.

Responding to the perception that the Atlantic Yards plan is being forced upon the public, ESDC says “one detail that seems to be missing from the majority of the press coverage is that the amended GPP presented on Tuesday was created by ESDC,” and that the new GPP will entail another public hearing, two public forums and a period to submit public written testimony.

Charging that the 22-acre Atlantic Yards site is important, Pranger says a 42nd Street Development Corp.-like subsidiary “could parcel the site out over time, which we think is an important point.” She adds “when you get these major mega projects, you can’t just fork the keys over to the developer.” RPA says “none of our recommendations preclude or eliminate the jobs aspect; they would still be created.”

“Maybe the project takes more time to develop, but at least it gets developed right” says Pranger.

When GlobeSt.com requested comments from City Hall on what’s become the constantly unfolding story of Atlantic Yards and RPA's suggestions, the mayor’s office “respectfully” declined.

Meanwhile, despite years of delay and national economic recovery still a term of speculation ESDC says it is looking forward to bringing “this important project to completion for the benefits of the city and state.” And with more hearings on the horizon, more testimony to be heard, it appears that at least for now, the Atlantic Yards story will only continue to unfold.

Court Okays Eviction of FCRC, Boymelgreen
By Cody Lyon
Atlantic Yards

NEW YORK CITY-Lawyers representing developer Henry Weinstein won two legal actions in the New York State Appeals Court that will give Weinstein the right to go ahead with eviction proceedings of another Brooklyn developer, Jeshayahu Boymelgreen, and Forest City Ratner Cos.
The unanimous decision reverses a March 2007 ruling from Brooklyn Supreme Court Justice Ira Harkavy that allowed Boymelgreen to remain as an occupant, despite the termination of his lease. The decision also gives Weinstein the right to sue Boymelgreen and FCRC for monetary judgments. The decision says FCRC was given an illegal assignment to two properties by the lessee Boymelgreen in violation of the lease terms, which required the landlord’s legal approval to assign.

Regardless of this latest legal challenge, a spokeswoman for Empire State Development Corp., which is involved with FCRC’s Atlantic Yards project, tells Globest.com that the decision did not impact its plans at the site at all. In fact, she says the organization hopes to acquire all the Weinstein property in 2009.

Court documents say that the subject properties are within the area proposed to be developed as the Atlantic Yards Arena and Redevelopment Project.

The lead attorney for Weinstein, David Brody, of Borah, Goldstein, Altschuler, Nahins & Godel, PC, tells GlobeSt.com that FCRC’s Bruce Ratner "recorded his option for the assignment of the buildings, then he recorded certain other things and all for purposes of allowing him to represent to the ESDC that he controlled the property in terms of the Atlantic Yards project."

Standing firm, the ESDC spokesperson tells GlobeSt.com that in fact, FCRC "did not misrepresent its position to ESDC, as it believed it had a valid assignment of Boymelgreen’s lease hold interest in the premises. The courts, however, disagreed."

Regardless, the ruling is the latest in a volley of legal and financial obstacles creating roadblocks in the development and construction of Brooklyn’s Atlantic Yards project.

While FCRC didn’t return calls for comment by press time, a spokesperson from Boymelgreen’s law firm, Herrick Feinstein, tells Globe St.com "the decision and all options are being reviewed."

Brody tells GlobeSt.com that while his client may not win in the end, the ruling at least provides an opportunity for discovery to see how far up the ladder they can go. "Boymelgreen illegally assigned the lease to Ratner," he says.

Brody says he and his client are now pushing for an eviction. Next, he says, they will ask for a hearing to establish the difference between the properties’ present-day value and its former value when the lease was terminated in July 2006.

"The lower court had said [the original lease assignment] was wrong and it terminated the lease, but, it wouldn’t give us a judgment of eviction," Brody says. "Further, it wouldn’t give us a hearing of damages under the lease."

Brody says that under the lease, Weinstein "has the right to go in and inspect his property." But he adds Weinstein has even encountered difficulties when he visited his properties.

He says that Weinstein’s desire has been to be left alone and to be allowed to own his property and develop it as he sees fit. "That’s what this is really about for him," Brody says.

Nonetheless, over the past few years, some observers have questioned Weinstein’s motives in the Atlantic Yards saga, including Boymelgreen. In March ’07, after Weinstein had won the initial lawsuit, Boymelgreen told the Brooklyn Paper that "Weinstein is just pure business. Most people on the block just want to see how much they can take from Ratner." The Brooklyn Paper also quoted Boymelgreen as saying "if you ask Weinstein face to face, he’ll say it, unless he has a good poker face."

To which Brody responds, "I find it amusing when billionaires are poking at millionaires." He adds that Weinstein’s view through all this is that "he simply wants to own his buildings. He wants to own and operate his properties; that’s what this is all about for him."

Categories: Northeast, Development, Legal, Industrial, Multifamily, Office, Retail, New York
NOVEMBER 2009
High Court Says Atlantic Yards Can Proceed
By Cody Lyon

Atlantic Yards

NEW YORK CITY-By a 6-1 margin, New York State’s highest court put its stamp of approval on Bruce Ratner’s proposed 22-acre Atlantic Yards project Tuesday morning, approving the Empire State Development Corp.’s use of eminent domain to clear the project’s footprint of resident holdouts. Despite the latest green light, opponents pledge more roadblocks to the project that has evoked the sort of passion and division not seen in Brooklyn since Walter O’Malley took the Dodgers to Los Angeles.
The ruling upholds the state’s right to use eminent domain, given the public benefits associated with the Atlantic Yards development in Brooklyn. It also paves the way for the Brooklyn Arena Local Development Corp. issuance of bonds to assist Forest City Ratner Cos. in financing the design, development and construction of the Barclays Center, an arena intended to house the Nets basketball franchise.

ESDC says while it has secured investment grade ratings, the agency is in ongoing discussions with ratings agencies and bond issuers. An ESDC spokesman says in a statement that "in addition to the investment grade rating, we anticipate there will be taxable bonds as well. Details will be released once documents are finalized." He adds "there will be a formal mid-December closing" and "we anticipate marketing the bonds prior to that time."

FCRC says in a statement that construction activity on the yards will continue, with the intent that the Nets will play ball in the Barclays Center in the 2011-2012 season.

Still, in its opening remarks almost immediately after the court ruling, the BALDC acknowledged that on Nov. 19, several Brooklyn community groups, along with state and local officials and individuals claiming to live near the proposed project, commenced further legal action against ESDC and FCRC. The BALDC said in its statement that while the ESDC and FCRC had prevailed in court over the course of several lawsuits, "there can be no assurance, however, as to the outcome of this action." An ESDC spokesman tells GlobeSt.com that the agency doesn't anticipate that this or any forthcoming lawsuits "will delay the project, including the master real estate closing and the condemnation proceeding."

In his statement, FCRC CEO Bruce Ratner touted the fact that to date, the project has overcome almost all its legal challenges. Ratner says, "Once again the courts have made it clear that this project represents a significant public benefit for the people of Brooklyn and the entire city. Our commitment to the entire project is as strong today as when we started six years ago."

Atlantic Yards, first proposed in 2003, has been promoted as an economic engine that will bring thousands of new jobs, housing units and with the 18,000-seat arena, bring the NBA’s New Jersey Nets to Downtown Brooklyn. Opponents and critics say the project--which in recent months has changed in appearance, size and financing since it was first revealed--eliminates a thriving low-density neighborhood, is poorly planned and short changes the region’s cash strapped mass transit system. But, perhaps the greatest source of controversy, and the focus of Tuesday’s court decision, is the use of eminent domain.

"We lost the battle," says Matthew Brickenhoff of Emery, Celli, Brinckerhoff and Abady, the lead attorney for plaintiff Daniel Goldstein. Saying this is a multiple round fight, he tells GlobeSt.com that "if we’d have won, we’d have won the war."

Agreeing with its partner in development, the ESDC says in its statement that it is committed as ever to seeing the completion of the project. "With this major hurdle overcome, we can now move forward with development which will accomplish its goals of eliminating blight, and bringing transportation improvements, an arena, open space, affordable housing and thousands of jobs to the people of Brooklyn and the State of New York."

But as dissenting Judge Robert Smith, said in his official court- issued soliloquy, while the northern part of the project’s footprint can be fairly described as blighted, the southern portion, where the petitioners live, appears to be "a normal and pleasant residential community."

As the dissenter notes, the area around the Atlantic Avenue terminal, home to the Vanderbilt Yards, has long been included in the Atlantic Terminal Urban Renewal footprint. The Metropolitan Transportation Authority’s Vanderbilt Yards takes up nine acres of the project’s footprint.

And that’s one apect of the project where Brickenhoff says his group is now focused in its efforts to continue fighting. Originally appraised at $214 million in 2004, the MTA agreed to sell the Vanderbilt Yards site to FCRC for $100 million. But then in June, the MTA board granted a more flexible spending plan that would instead pay the MTA $20 million this year, and pay the remaining amount off at 6.5% interest over 20 years starting in 2012.

Among other changes, Brickenhoff says the court made it very clear that it considered itself to be bound by the record that was created in December 2006, which is three years ago, and it seems pretty clear, it would not consider, and did not consider all the changes that have occurred in the last few months, starting with the revelation that the new MTA railyard will be a downgrade from its current capacity instead of an upgrade.

Also in June, the Regional Planning Commission said the benefits to the MTA and public have been greatly diminished in a project that has been redesigned significantly since its revelation in 2006. RPA says those changes include a scaled-back rail yard that would accommodate fewer rail cars with less efficiency, a replacement of Frank Gehry’s signature architecture, and an indefinite delay in the affordable housing, office space and open space that were to provide most of the economic and community benefits.

But, once again, FCRC disagrees with such diminished sentiments. Instead, in its official statement, it says the arena and larger development are expected to create 16,924 union construction jobs and over 8,000 permanent jobs. The tax revenues that will be generated for the city and state during the construction period are expected to exceed $240 million and after construction, reach approximately $70 million a year.


New Suit Could Sidetrack Atlantic Yards
By Cody Lyon

Barclays Center

NEW YORK CITY-Opponents of Brooklyn’s planned Atlantic Yards project say their plan has never been to delay the Forest City Ratner Cos. development. Instead, they say the idea is to stop it.
At least that’s what petitioning lead attorney Jeffrey Baker tells GlobeSt.com about this fourth of a series of pending lawsuits facing Empire State Development Corp., the quasi-governmental agency, and FCRC, developer of the 22-acre downtown Brooklyn site that includes a large sports arena meant to house the NBA’s Nets, currently based in New Jersey. This latest legal volley was filed Monday in New York State Supreme Court in Manhattan.

But, by holding things up in court, the group may put the brakes on the project, since there’s a Dec. 31 groundbreaking deadline for Forest City Ratner to obtain tax-exempt bond status and its $400-million branding deal with Barclays Bank on the new arena, Barclays Center. The arena has been touted as the potential new home for the Nets; the team has a deal with Russian billionaire Mikhail D. Prokhorov, who will own 80% of the team contingent upon the Nets' possible move to Brooklyn.

But in this legal go-round, the 20 co-petitioners charge ESDC with contradicting the Modified General Project Plan with a separate “development agreement” that would make the project’s affordable housing component conditioned on the availability of public subsidies.

The opponents say the ESDC’s conclusion that a new Supplemental Environmental Impact Statement is not required for FCRC’s changed development proposal is flawed.

In a statement, an ESDC spokeswoman says the agency “carefully considered whether a SEIS would be required,” but determined in the end that it “was not required.”

An updated June 2009 ESDC technical memorandum described proposed modifications to the General Project Plan. According to the document, a schedule change to 2019 would not change the Final Environmental Impact Statement’s conclusion that the project would not result in significant adverse environmental impacts with respect to socioeconomic conditions. The memorandum also said a delay in the project’s build year to 2019 would postpone the full realization of the social and economic benefits of the completed project.

The ESDC says they expected this latest lawsuit. But, the spokeswoman says, “we will vigorously defend the lawsuit and we expect to prevail on the merits. Further, she says, “we do not expect that this lawsuit will delay the project.

Baker says that in the current suit, opponents are not arguing whether or not the project’s proposed site is blighted. However, he says the ESDC “ignored the fact that the deal has been changed so that blight will not be eliminated and this project won’t be completed til the 2030s at the earliest.”

Arguing that the Atlantic Yards project is bad for a whole host of reasons, Baker says, “we will use the courts to protect our rights when these quasi governmental agencies like ESDC are ignoring our rights.”

And to those who charge the project’s opponents are using the courts to delay, thus deter, perhaps even destroy plans for the development, Baker says, “that’s their problem. We’ve never gotten an injunction. The fact that our litigation over the years has raised significant issues, and that they’ve not been able to get financing, to the extent they [FCRC] use the political process and their connections get favored status, we’re not going to apologize for using the courts for our means.”

A spokesman for FCRC said the company had no comment at this time.
Categories: Northeast, Development, Leasing, Sales, Hotels, Multifamily, Office, Retail, New York
Pinsky Stays Upbeat Despite Construction Slump
By Cody Lyon
Pinsky

NEW YORK CITY-Citing a new Construction Outlook report for 2009-2011, New York Building Congress president Richard Anderson said Wednesday that overall construction spending in New York City was expected to drop by 20% in 2009. However, he did say the situation appears to be stabilizing, and the city could get through the current downturn without further deterioration in annual spending. Also taking the podium later that morning was the current president of the New York City Economic Development Corp., Seth Pinsky, who was upbeat despite the slump.
"This is still a strong construction market, this is not a market that’s collapsing," Anderson told the audience. Still, he said, "the coming year is going to be challenging." With the help of widescreen projected charts, graphs and bullet points, Anderson offered up details of the forecast Wednesday at the Building Congress’ breakfast event at the Hilton New York.

The report shows that spending on city construction will probably reach around $25.8 billion in ’09, a 20% decline from the all-time high of $32.4 billion the year prior. It says over the next few years, spending will probably remain steady, reaching $25 billion in 2010 and $25.6 billion in 2011, adding up to a three-year total of $76.4 billion.

Before Pinsky arrived at the breakfast from his early morning meeting with the mayor at Gracie Mansion, Anderson praised Bloomberg as a "construction mayor," noting that one of the most dramatic increases in capital spending under his administration had been an ongoing overhaul of public schools.

Overall the report shows the importance of government spending in the industry, much of it on public projects like schools, roads, subways a total the NYBC says will reach $15.5 billion in 2009, up from $15 billion in 2008. Slightly sobering, the report predicts a slight drop to $14.7 billion 2010 and $14.3 billion in 2011.

Anderson told the builder-filled room that "the best jobs program in the city is an investment in the capital program." He also said that despite the downturn, the city’s capital program was holding up.

Despite the initial 20% spending dip, employment in the sector will probably only decline around 8.3% to around 119,000 this year. Anderson attributed that to cost-saving measures on work sites across the city. The same report predicted around 116,000 jobs in 2010 and 120,000 jobs in 2011. Pointing out that around 46% of the building industry’s spending came from government in ‘08, he said the figure would be closer to 60% this year. Hoping to foster the city’s economic diversity cred, Pinsky said the department’s goal included cultivation of the industrial sector, as well as bio-tech and an emerging green sector.

Looking forward, Pinsky urged the group to look back to the Great Depression of the 1930s. "Forward-thinking projects like Rockefeller Center, and the Empire State Building, were all constructed during the Great Depression," he said.

He said a large portion of today’s office space was out of date. And when the times do improve, modern companies will be seeking modern, in most cases, green office space.

More fundamentally, he spoke to the city’s backbone, its infrastructure. While speaking to reporters, Pinsky said, "the bottom line is we’re competing with cities around the world, many of which have brand new infrastructure that’s been built in the last few years. Not only do we have to build new infrastructure, we also have to make sure the infrastructure we already have is kept up."

Of another delayed, transformative, but controversy-laden project, the World Trade Center, Pinsky told reporters, "we are concerned that if Silverstein Properties and the Port Authority don’t reach an agreement in the near term, there’s the possibility that development at the site could grind to a halt." With that sobering warning, he added, "this is an incredibly important project for Lower Manhattan and New York City, not just for development, but, for obvious reasons related to 9/11."

Then, onto Brooklyn and another case of stalling at the lawsuit-laden Atlantic Yards standoff. In response to a question from GlobeSt.com, Pinsky said, "another lawsuit is easy to file, but less easy to win." He says his agency is working very hard with the developers and the state to get the project’s details in order.

"We remain hopeful they’ll be able to make it to the financing market before the end of the year, but, this is a tricky project," he told GlobeSt.com Wednesday. "And, until everything is in place, you don’t know that it will be in place, but we remain optimistic and we hope the project will in fact move forward."

When pressed with what happens if the lawsuits do work, and there is a successful delay of the project’s successful trip to the financing markets, Pinsky stood pat, saying "we think this project is going to move forward, and that’s what we’re planning for."

Categories: Northeast, New York