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edited by Michael Clancy | email: mclancy@villagevoice.com

Bloomberg and the Press Give Joe Bruno a Pass on Congestion Pricing

Posted at 10:33 AM, April 15, 2008

By Shaunna Murphy, Shea O’Rourke, Marguerite A. Suozzi

Tabloid headlines and even New York Times editorials echoed City Hall last week in targeting Assembly Speaker Sheldon Silver as the one-man wrecking crew who obstructed Mike Bloomberg’s congestion pricing program. The mayor’s post-defeat scapegoating, however, has been as politically tilted as his pre-defeat contributions. The mayor has written checks totaling half a million dollars to Senate Republican boss Joe Bruno, who, like Silver, never brought the traffic plan to the floor yet miraculously became “the invisible man” in all the finger-pointing that followed.

Since congestion pricing's defeat, The Times has called Silver "unworthy of his office." "Here was a chance for Silver to show some real leadership," Schenectady's Daily Gazette railed. "His shortsightedness will cost the city $354 million in federal funds," Newsday piped in.

And the mayor certainly isn't going out of his way to refute the blame. His deputy mayor, Kevin Sheekey, told New York 1 that Silver has not been an effective leader in the past week. "I don't see any courage in Albany," he added. Bloomberg also made several statements implicating Silver as the main culprit. "I do not think that any one person should decide what's right," the mayor said at a press conference at Georgetown University.

But others find the finger-pointing unwarranted. "The editorial attacks on Shelly [Silver] are totally unfair," said Assemblyman Richard Brodsky (D-Westchester), the plan's leading opponent in the Assembly. "In the end, the overwhelming majority of the Democratic conference made the decision here. Probably 80 percent opposed the legislation."

Despite the onslaught of editorial boards blaming Silver for the plan's failure, Senate Majority Leader Joe Bruno had an equal chance at passing the bill. Silver stepped forward and said he wasn’t bringing the pricing bill to the Assembly floor because the overwhelming majority of Assembly Democrats opposed it during a protracted, closed-door, conference. Bruno, on the other hand, never said what the position of the majority of his GOP conference was, particularly the many Republican senators representing commuter districts as far away as Rockland County.

Bruno appears to have flirted with the notion of a floor vote only to put Senate Democrats in the difficult position of voting for or against it, but no one in Albany believes he had the votes to pass the bill from his own conference. Silver and Bruno, like the legislative leaders that preceded them for decades, rarely, if ever, allow floor votes on a bill unless a majority of their own members favor it.

Three senators interviewed by the Voice indicated that Bruno was merely posturing on the bill, raising questions about the Bloomberg administration’s evenhandedness in their assessment of how the biggest reform effort of their second term was scuttled. The difference was that as the Monday night deadline got closer, it was Silver who finally spoke up about what was actually true in both houses: This bill didn’t have enough support to pass.

“The assembly, by not voting, gave Joe an out — he appears to have made a promise to the Mayor without actually believing he could deliver it,” said Senator Liz Krueger (D- Manhattan), who was in favor of the bill. “Joe didn’t think he had the votes in the senate, and once the assembly publicly announced that they weren’t bringing a vote, he didn’t have to try anymore. ... At least the assembly said they didn’t try to bring it to the floor.

Since introducing the plan on Earth Day last summer, Bloomberg has donated an estimated $1.2 million of his own money to the Senate Republican Committee and $50,000 to the Republican Assembly, but has not donated a dime to statewide committees for senate and assembly Democrats. In the final accounting, Bloomberg's actual contributions will probably be even greater than initially projected, according to Senator Krueger.

“They don’t have to report any new filings until July," Krueger said. “He could have given them anything they wanted — we have no idea what he gave them in total. I suspect that the adding up of the amounts will be much more than reported so far."

Polar divisions between upstate Republicans — with access to Bloomberg's campaign contributions — and metro-area Republicans — whose constituents didn't want to pay $8 every time they drove into Manhattan — would have left the deciding votes in the hands of the Democrats. Had the Dems rejected congestion pricing, the city’s pro-pricing and pro-Bloomberg media certainly would have taken notice again and again before the fall election season.

According to Long Island Senator Craig Johnson (D-Port Washington), who opposed the bill, there was never strong support from his GOP counterparts in the Senate, primarily out of fear that Long Island would turn into a giant parking lot. As to why upstate Republicans would have any interest in going against the wishes of their city brethren, Johnson could only guess: "Obviously there were stories about how the mayor donated half a million dollars to the senate campaigns, so that might have had something to do with it," he said. "I just think it's rather a shame that we didn't get a chance to hear from them."

Krueger said that communities outside of the metro area, who wouldn't be nearly as affected by the bill, don't necessarily need to have that much of a say in the matter. "If you’re north of commuting distance from New York City, you don’t have a horse in this race,” Krueger said. Still, even if there had been a vote, Krueger said, there was enough vocal opposition from metro-area Republican senators to make Bruno question whether he could do his part in getting Bloomberg's bill passed.

"I’m up there, and I never heard any Senate Republican saying they would support this bill," Krueger said. "There were plenty of Long Island, Staten Island, and Westchester Senators who had no intention of voting for it. Joe Bruno would have needed a lot of Republican Senators to vote for this for it to pass, and he never implied he had those votes. He never brought it to the floor."

But according to Senate spokesman Mark Hansen, Bruno "has a very good relationship with mayor Bloomberg," "is supportive of the plan for congestion pricing" and would have brought the bill to the floor for a vote last Monday, when the assembly passed on taking it up, had enough senators been present. As many as 17 Democrats boycotted the session that day, according to press reports.

Senator Johnson said the idea that Bruno wanted a vote but was let down by a boycott by the Democrats is a fiction. “He had enough members in the Senate chamber to bring this to the floor," Johnson said. "At one point, there were 34 members of the Senate on the floor, and by the end of the day Monday there were 45. He could’ve brought it to a vote at any point, but he chose not to, and the reason is that he knew he didn’t have enough votes to pass it.”

Krueger said that Senate Democrats were primarily concerned with budget disputes that day, and that Bruno never actually called the Rules Committee or the Finance Committee into session about congestion pricing; a necessary step before bringing any bill to the floor.

Senator Carl Marcellino (R-Syosset), one of several Long Island Republicans opposed to the bill, said his impression was that the Senate was never planning to consider congestion pricing that day, an omission that could only be attributable to Bruno, who sets the Senate calendar.

"To my knowledge, it was not meant to be brought to the table that day,” Marcellino said. “It was never on the schedule."

Lawsuit: Columbia Expansion Poses 'Biohazard' Risk

Posted by Duncan Meisel at 4:28 PM, March 27, 2008

The largest landowner threatened by Columbia’s Manhattanville expansion has filed a suit against the school and city, alleging that the environmental review process for the expansion was insufficient. The process may have even ignored the risk for potential biohazard threats to the West Harlem community, the plaintiff's lawyer said.

“I think it’s selfish for Columbia, it shows a level of uncaring for the people of West Harlem” said Nick Sprayregen, the owner of Tuck-It-Away Storage, the lead petitioner in the suit, which was filed Wednesday afternoon.

At issue is the construction of a massive underground "bathtub" structure that would extend about seven stories below ground throughout the development, a planned expansion that would include a research facility that the university calls a "biosafety" center, while the plaintiff calls it a "biohazard" center . According to the plaintiffs, the placement of such a structure on a geological fault in a flood zone poses a risk to the surrounding community. But according to Columbia, the research facilities will be built above grade and pose no risk.

“The rim of the bathtub is barely above the Hudson river, we believe it poses a risk of catastrophic failure” said Norman Siegel, Sprayregen’s lawyer. He cited global warming and its connected risks as an issue of serious concern.

“There exists a likelihood of a storm surge that would come over the bulkhead and flood the bathtub” and “hazardous materials from these facilities could be washed out into the West Harlem community” he said.

The suit challenges whether the City Planning Commission took the required “hard look” at environmental hazards for the site. The suit claims that the planning commission "provided that the engineering issues raised during the environmental review process would be resolved at some later unspecified date.”

However, “Neither the engineering consultants… nor Columbia University consultants outline in any detail what those solutions are, what the impact of carrying out those approaches might be” the suit claims in a quote from Jordi Reyes-Montblanc, the chairman of Community Board 9.

Columbia declined to comment on the pending litigation, but said in a statement: “We are confident that the extended public land use and environmental review processes were rigorous and comprehensive. They underscored that thriving universities are essential for New York City to remain a leader in attracting the talent that pursues new knowledge and creating the good, middle-income jobs for people who seek to improve their lives here.”

A Columbia spokeswoman clarified the nature of the research facility, taking issue with the plaintiff's use of "biohazard. " “There are no plans to put biosafety facilities below grade,” said the spokeswoman La-Verna J. Fountain.

Sprayregen’s concerns extend beyond the bathtub to the facility itself.

“It just boggles the mind why Columbia, supposedly an altruistic institution, would but a biohazard research center in Manhattan” he said. “I question the wisdom of placing, particularly after 9/11, a biohazard facility that sticks out like a sore thumb for any potential terrorists” in the city center.

“These are bio-safety rooms” Fountain said. “These are not whole buildings, just rooms.”

No matter the result of this current suit, litigation about the Columbia expansion seems bound to continue. The suit filed yesterday is the fifth which Siegel has been involved in, and he sees the potential for at least one other suit. “If eminent domain is used, transferring private property to a private university, we will litigate that issue” he said.

The activist group Coalition to Preserve Community announced a protest for Monday at Columbia. Continued community resistance to the Manhattanville plans has been a driving force for the ongoing legal battle between landowners and the school, and both Sprayregen and Siegel cited community activists as a key factor in their decision to file suit.

“You need the community behind you on this” Siegel said. “Property owners have standing, but the community members were the heart and soul of this lawsuit.”


More from around the web:

[Mom and Pop NYC]

[NY Sun]

[Columbia Spectator]

[Crain's New York Business]

CDC Warns Against Toxic Satellite Fuel

Posted by Michael Clancy at 11:18 AM, February 20, 2008

The stated rationale for the U.S. Navy shooting down a failed spy satellite is to protect us earthlings from the half-a-ton of super-toxic hydrazine rocket fuel stored inside the satellite. So perhaps it's only out of an abundance of caution that the Centers for Disease Control sent out a warning on Wednesday, asking health-care providers to be the alert for hydrazine-related illnesses like nausea, inflammation of the nerves, and coma.

Still, it's a little disconcerting considering that the missile the Navy will fire at the bus-sized satellite needs to hit its even smaller fuel tank to achieve the goal of eliminating potential human harm, according the Associated Press.

This is what the CDC had to say to health-care providers:

It is possible that the reentry of the satellite could pose a public health threat if pieces of it fall into populated areas. The risk of health effects related to the satellite is considered to be low. However, CDC is encouraging health officials and clinicians to review information about the health effects related to hydrazine to prepare in case their communities are affected by satellite debris.

And what exactly are those effects? The CDC says:

Breathing hydrazine may cause coughing and irritation of the throat and lungs, convulsions, tremors, or seizures. Dermal contact may cause redness, pain, and burns. Eating or drinking small amounts of hydrazine may cause nausea, vomiting, uncontrolled shaking, inflammation of the nerves, drowsiness, or coma.

Another complication is that satellite has no heat-generating propulsion systems on board, making things tougher for the Navy's heat-seeking missiles, according to the AP. In other words, whoever is firing better be a good shot or else part of this 5,000-pound spacecraft could wind up back on earth.

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