Friday, September 30, 2005

NYC Housing Development Corporation Re-Launches its Website

Subject: NYC Housing Development Corporation Re-Launches its Website
Date: 9/30/2005 4:32:34 PM Eastern Daylight Time
From: MyNYC@NYC.gov
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NYC HDC Re-Launches its Website



The New York City Housing Development (HDC) has re-launched its Website which includes new features and menu items for easier access to information on HDC-financed affordable housing. New features include a Now Renting area which lists out developments that currently have applications available and a Program Finder section to assist apartment seekers with determining program eligibility. We encourage you to visit HDC�s improved web site at http://www.nychdc.com/ and to set us as a favorite link.





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The SuttonThe Sutton is the first development to receive financing through HDC's newly created Affordable Cooperative Housing Program, which was initiated to encourage the production of more affordable homeownership opportunities. To be located at 102 Bradhurst Avenue, around the corner from two other HDC-financed cooperative buildings, this development is currently under construction. Application information is now available for interested buyers.




The Sutton The Sutton is a 134-unit affordable homeownership development located at 102 Bradhurst Avenue in Central Harlem, financed under HDC�s newly created Cooperative Housing Program. Along with $4.5 million in taxable bonds sold to make a first mortgage, HDC provided $6.1 million of its corporate reserves to finance a 1% interest second mortgage.

The building includes studio, one, two and three bedrooms with prices ranging from $55,000 to $429,750. Minimum annual household income for eligible purchasers is estimated to be $36,000 with a 5% down payment and with a maximum income of $157,000. Cooperative loan financing may also be available to qualified purchasers from institutional lenders.

The Sutton is within walking distance of a Rite Aid and UPS store as well as an organic food mart and coffee-pastry shop. Further luxury services include underground parking, a fitness area, landscaped courtyard, state of the art kitchens and baths as well as attended lobby and laundry hookups for each apartment. In addition, all apartments are pre-wired and ready for cable TV and high-speed Internet access.

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Jacob's Place
Located at 2342-2350 Webster Avenue in the Fordham neighborhood of the South Bronx, Jacob�s Place is an 8-story, elevator building with 63 rental units. The development also includes 7 units reserved for formerly homeless tenants as well as space for six classrooms for early childhood education, a community meeting room and a backyard recreation area for tenants. Financing for the development was made possible through HDC�s Low-Income Affordable Marketplace Program (LAMP).

HDC provided a $7 million loan from the sale of tax-exempt bonds and a 1% second mortgage loan of $2.8 million from its corporate reserves. Jacob�s Place is just one of the many developments created as a result of Mayor Bloomberg�s New Housing Marketplace, a 5-year$3 billion plan to create and preserve more than 65,000 homes and apartments citywide.

Jacob�s Place is named in honor of the late Astin Jacobo � a longtime neighborhood leader from the Crotona section of the Bronx. Known in the community as Jacob, Mr. Jacobo was a key player in the battle in Crotona and the Northwest Bronx for affordable housing, youth recreation and community preservation. Thus, in essence, Jacob�s Place celebrates the life and work of someone who has been a source of inspiration to many in the Bronx community.

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The Aspen
Through innovative assistance and an unwavering effort to address the critical need for affordable rental housing in New York City, HDC created the City's first Mixed-income Program, also known as 50/30/20. This program was specifically designed to mix low- and middle-income restricted apartments with market-rate rental apartments. This program sets-aside 20% of the apartments for low-income tenants, 30% for middle-income tenants, and the remaining 50% are rented at market-rate.

The Aspen, a newly constructed seven-story building with 234 apartments and over 15,000 square feet of ground floor commercial space, is located at 1955 Avenue, East Harlem and opened up to residents in October 2004.

HDC provided a $44 million first mortgage through the sale of tax-exempt bonds and a 1% second mortgage was made in the amount of $2.75 million through its corporate reserves. Amenities at The Aspen include a laundry facility, exercise room, game room, outside, 2nd floor Courtyard and a 110-car garage.

In addition, the Harlem RBI will also be moving its headquarters, currently located across the street from 1955 First Ave, to a portion of the retail space. Thus, the Aspen is certainly a homerun for HDC as well as for the community that it serves.

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The Fountains at Spring Creek
The Fountains at Spring Creek, located in East New York at 922 and 1101Forbell Street, consists of two newly constructed three-story buildings containing a total of 102 affordable apartments. Near the new Gateway Plaza Shopping Center, Fountains at Spring Creek, is part of the quality of life initiatives and economic revitalization efforts underway in East New York.

A partnership between the public and private sectors enabled the development, which cost $15.5 million to construct, to be financed as affordable housing for low-income residents. Monthly rents range from $586 - $753 for the studio, one- and two-bedroom apartments. HDC provided a $7.8 million construction loan through its Low-Income Affordable Housing Marketplace Program (LAMP).

Through this program tax-exempt bonds are issued to make a low-cost loan and qualify a development to receive Federal Low-Income Housing Tax Credits. WNC and Associates acted as the tax credit investor and Fleet Bank provided the Letter of Credit necessary to secure the bond financing. This combination reduces development costs and allows the rents to be more affordable.

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Clinton Parkview
HDC supplied $12.2 million of construction and permanent loan financing for an exciting development that exemplifies the maximization of affordable housing opportunities. The creation of Clinton Parkview Apartments, located at 555 West 52 Street, marks an unprecedented event in the history of Mid-Manhattan.

The 11- story, 96-unit building structure provides for an affordable housing component significantly greater than in a conventional "80/20" program, in which only 20% of the units are made available for occupancy by low-income households. In fact, it is the first entirely income restricted development to be built in Clinton since 1981.

Moreover, the Clinton Parkview Apartments contain a combination of one and two bedroom apartments, 70% of which are affordable to households earning no more than 60% of the City's median income, or $37,680 for a family of four. The remaining 30% of the units are be reserved for middle-income families earning no more than 165% of the City's median income.

The apartments include 66 apartments affordable to households earning between 40% and 60% of the City's median income including 27 one-bedroom apartments renting for $425 to $661/month and 39 two-bedroom units with monthly rents ranging from $512 to $795.

The monthly rents of the 29 middle-income apartments are also be set at levels well below the market rate for the neighborhood and the building includes nearly 4,000 square feet of ground floor retail space.

City Hall Library Notes, September 2005: SPOTLIGHT ON: LABOR RELATIONS

Subject: City Hall Library Notes, September 2005
Date: 9/30/2005 11:35:26 A.M. Eastern Daylight Time
From: MyNYC@nyc.gov
reply To: msngrprdb2-1.59g99.59zm.rs.0.52a0f.-nc2thg@popcsms.csc.nycnet
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"CITY HALL LIBRARY NOTES"

City Hall Library Notes, September 2005

SPOTLIGHT ON: LABOR RELATIONS

New York City has been a center for labor activity since its earliest days. The City Hall Library offers a collection of materials on labor unions and labor relations, including books, city agency publications and vertical files that provide a rich assortment of resources for the researcher. These are just a few examples.

Union Power & New York: Victor Gotbaum and District Council 37 by Jewel Bellush and Bernard Bellush traces the history and development of one of the largest labor unions for New York City government employees. The main focus is on the growth of the union under the leadership of Jerry Wurf and then Victor Gotbaum. Examined are the collective bargaining process, political involvement, the role of DC 37 in the 1970�s fiscal crisis and power struggles for leadership in the Koch years.

City Unions: Managing Discontent in New York City by Mark H. Maier presents background on the development and growth of municipal unions from the nineteenth century to the present. Case studies of specific unions such as teachers, social workers, and District Council 37 are analyzed. The author posits that union leadership may be responsible for many of the difficulties unions have encountered.

Municipal Labor Relations in New York City: Lessons of the Lindsay-Wagner Years by Raymond D. Horton deals with the problems faced by labor unions and management during the years 1954 to 1972. Included are a discussion of Mayor Wagner�s labor relations program, how both Mayors Wagner and Lindsay dealt with job actions, growth of the labor unions and suggestions for reforming labor relations and the collective bargaining process.

Among the city agency materials are a complete collection of Labor Relations Orders from 1973 to the present. These are issued by the Office of Labor Relations. Labor contracts covering collective bargaining agreements between the city and various unions are available dating from the 1960�s to 2005. This includes contracts for District Council 37, Organization of Staff Analysts, Committee of Interns and Residents, Correction Officers and Sanitation, to name a few. Office of Collective Bargaining decisions from 1968 to 1994 are here, too. The Office of Collective Bargaining provides various means of resolving labor-related disputes between the city, its employees and unions.

Vertical files on such topics as collective bargaining, individual labor unions and strikes can also be consulted for a rich variety of newspaper and magazine clippings. Learn more about the reasons for and effects of the New York City teachers strikes in 1968 and 1975, the police officers strike in 1971 and other job actions. Biographical files include information on the careers, accomplishments and backgrounds of labor leaders such as Albert Shanker and Victor Gotbaum.


ACQUISITIONS LIST, AUGUST 2005

The following publications were received by the City Hall Library in the month of August. Additional government publications can be found online in our Government Publications section.

AKRF, Inc.
270 Greenwich Street: final environmental impact statement. Prepared for Office of the Deputy Mayor for Economic Development and Rebuilding. July 28, 2005. CEQR No. 05DME011M.

Alliance for Excellent Education.
Teacher attrition: a costly loss to the nation and to the states. Issue brief. August 2005.

Alliance for the Arts.
Culture builds New York: the economic impact of capital construction at New York City cultural institutions. 2003.

Alliance for the Arts.
NYC arts audiences: attendance at NYC cultural venues. 2005.

Anti-Discrimination Center of Metro New York.
Adding insult to injury: housing discrimination against survivors of domestic violence. A report by the Center. August 2005.

Citizens Budget Commission.
Encouraging small business success in New York City and northern New Jersey: what firms value most. Findings of a study sponsored by the Citizens Budget Commission and the Federal Reserve Bank. [2005].

City University of New York.
Board of Trustees 2004 minutes. August 2005.

Housing First!
Affordable housing for all New Yorkers: a review of Mayor Bloomberg�s New Housing Marketplace plan. July 23, 2005.

Housing First!
A home for all New Yorkers: Housing First! 2005 policy update. August 2005.

Housing Here and Now.
NYC�S worst landlords: Housing Here and Now�s top 10 worst landlords. July 2005.

Moskowitz, Eva S.
At an unhappy hour: 10 noisiest bars in Manhattan. July 2005.

N. Y. City. Administration for Children�s Services.
2003 year end review: protecting children, strengthening families, supporting communities. May 2004.

N. Y. City. Charter Revision Commission.
Advancing accountability: balanced budgets and administrative ethics. Final report of the 2004-2005 New York City Charter Revision Commission. August 2, 2005.

N. Y. City. Charter Revision Commission.
Agency reorganization and government accountability: staff options briefing paper. June 26, 2003.

N. Y. City. Charter Revision Commission.
Election reform in Jacksonville: legislative history and electoral experience: staff report. August 21, 2003.

N. Y. City. Charter Revision Commission.
Enhancing access, opportunity and competition: a blueprint for reform. Final report. September 4, 2003.

N. Y. City. Charter Revision Commission.
Making our city�s progress permanent. Report of the Commission. September 5, 2001.

N. Y. City. Charter Revision Commission.
Memorandum by J. Gerald Hebert, former chief, U.S. Department of Justice, Voting Rights Section, on Voting Rights Act Section 5 preclearance of the proposal switch to non-partisan elections in New York City. August 24, 2003.

N. Y. City. Charter Revision Commission.
Nonpartisan elections: preliminary options and recommendations. Staff report of the Commission. June 26, 2003.

N. Y. City. Charter Revision Commission.
Preliminary recommendations for charter revision. June 10, 2005.

N. Y. City. Charter Revision Commission.
Proposed amendments to the New York City Charter. August 3, 2005.

N. Y. City. Charter Revision Commission.
The RFP: reform for procurement: preliminary recommendations. Staff report. June 26, 2003.

N. Y. City. Charter Revision Commission.
Report of Allan J. Lichtman: the voting rights implication of nonpartisan citywide, Borough President, and City Council elections.

N. Y. City. Charter Revision Commission.
Reviewing globally, analyzing locally: the impact of nonpartisan elections on democracy in New York City. August 13, 2003.

N. Y. City. Comptroller.
Audit of the administration of payments in lieu of taxes under Economic Development Corporation and Industrial Development Agency leases. August 2, 2005. Report no. 7676.

N. Y. City. Council.
City Council fiscal 2006 adopted expense budget: adjustment summary/schedule C. June 30, 2005.

N. Y. City. Council.
Department of backlog: increasing complaints and delayed responses at the Queens Buildings Department. A staff report by the Committee on Oversight and Investigation. July 2005.

N. Y. City. Council.
Sharing space: rethinking the implementation of small high school reform in New York City. August 2005.

N. Y. City. Design and Construction, Office of.
Kent Avenue/Franklin Street reconstruction: transportation project report. Volume 1, main report. August 8, 2003.

New York Industrial Retention Network.
Printed in New York � the transformation of New York City�s printing industry. October 2002.

New York Industrial Retention Network.
The garment center: still in fashion. A land use analysis of the Special Garment Center District. April 2001.

N. Y. State. Comptroller.
Monitoring of New York City Mitchell-Lama waiting lists: New York City Department of Housing Preservation and Development. Report no. 2004-N-8. August 29, 2005.

Permanent Citizens Advisory Committee to the MTA.
In your pocket: using smart cards for seamless travel. October 2004.

Permanent Citizens Advisory Committee to the MTA.
Ladies and gentlemen: this is not a drill: a study of internal and external emergency communication policies at the Metropolitan Transportation Authority. August 2005.

Rubin, Kate and Doug Slater.
Winning construction jobs for local residents: a user�s guide for community organizing campaigns. New York: Brennan Center for Justice at NYU School of Law. July 2005.



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3K Walk for a Stress Free/Violence Free Society

Subject: FW: 3K Walk for a Stress Free/Violence Free Society
Date: 9/29/2005 6:37:45 PM Eastern Daylight Time
From: annelies_r@yahoo.com
To: reysmontj@aol.com
Sent from the Internet (Details)


Dear Jordi Reyes-Montblanc,
Subscribe me!
Annelies Richmond has forwarded this email to you with the following message:
Dear Jordi, Hello! We met you at the Friends of Morningside Park Event and also at the Community Board 9 meeting and spoke with you about this Run/Walk we are having to raise money for youth programs specifically for youth impacted by Hurricane Katrina.

Thanks for you encouragement and guidance for reaching the community! We finally got our HTML ready and working! Could you please send it to your e-mail list you spoke of, and post it on your website? That would be GREAT!! Let me know if you have any trouble with forwarding it or transferring it. Thanks and Hope to see you there! All the Best, Annelies Richmond

Please Note: You have NOT been added to any email lists. If you no longer wish to receive these messages, please contact annelies_r@yahoo.com.



NYCwalk@artoflivingNY.org (212) 414-8222

www.artoflivingyouth.org


Clarence and Thomas

Subject: Clarence and Thomas
Date: 9/29/2005 11:40:31 PM Eastern Daylight Time
From: starquest@nycivic.org
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Clarence and Thomas


The Mills of the Gods Grind Slow,But They Grind Exceeding Fine.



By Henry J. Stern
September 29, 2005

It was the very day (Tuesday) that we sent you "Crime Without Punishment", an article whose point was that some prominent people are widely and accurately believed to have committed crimes, but because of difficulties of proof, indifference and ineptitude of prosecutors, and political influences and pressures, they have escaped punishment.

It was also the very day that Clarence Norman, Democratic leader of Kings County and leader of the Brooklyn machine, was convicted by a jury on three felony counts of making false statements to avoid limits on campaign contributions, in a case brought by District Attorney Charles (Joe) Hynes.

It was the very next day (Wednesday) that Thomas DeLay, majority leader of the House of Representatives, was indicted by a grand jury in Travis County (which includes Austin, the state capital) in a case brought by District Attorney Ronnie Earle. DeLay allegedly conspired to violate a century-old Texas law banning the use of corporate funds by state political candidates, by channeling the funds through the Republican National Committee.

The Norman and DeLay prosecutions are in the genre of the trial and conviction of Al (Scarface) Capone for income tax evasion in 1931, seventy-four years ago. Capone was responsible for many murders, including the St. Valentine's Day massacre in 1929, an event he orchestrated. He escaped prosecution because many of the witnesses were dead, or soon would be if they testified. Capone was released from prison in 1939 for good behavior, and retired to his Palm Island estate in Florida, where he died in 1947.

Hynes was elected Kings County District Attorney in 1989, when Elizabeth Holtzman left the job on her election as New York City Comptroller. In his first three terms, he took little interest in the notorious Brooklyn Democratic machine, saying that he did not have sufficient evidence to prosecute its members. In recent years, Hynes became the target of reformers, newspapers, particularly the Daily News, and court watchers for his failure to prosecute corrupt judges and political bosses. In 1975 Governor Hugh Carey appointed Hynes as Special State Prosecutor to investigate nursing home fraud. Over the years, Hynes was also friendly with Governor Mario Cuomo, who appointed him to prosecute the Howard Beach violence in 1987.

In 2001, a Brooklyn lawyer, Gary Bergenholtz, who claimed to be the victim of a judicial shakedown by Judge Victor Barron, came to Hynes' office. The DA's staff gave the lawyer a wire to wear when he met Barron, in order to tape the judge's demands. On the basis of the evidence so secured, Judge Barron was indicted in January 2002. He later took a plea bargain and, in October 2002, was sentenced to three to nine years in jail, but allowed to keep his $97,000 annual pension. Since his expenses in jail are presumably minimal, the money will either be used to support his family or be invested so it can accumulate for the judge when he is released.

It is widely believed, but not proven, that Barron was not the only crooked judge in Brooklyn. Other names, including a trio of relatives, have been frequently mentioned and subjected to scrutiny. Two of the three were accused of bilking a relative's estate, and one of the duo of receiving inappropriate gifts. Horrible stories have been told by women about men paying off judges for favorable dispositions in divorce and custody cases.

Judicial corruption begins with the judge paying a six-figure sum to purchase the Democratic nomination for the court, under the mantra of paying for the expenses to be incurred in the campaign. If this were true, the practice although regrettable and possibly deplorable, would still be legal. The widespread suspicion is that much of this money finds its way into the pocket of the political leader who chose the nominee. Such transactions are extremely difficult to prove, since bribery is a crime of consent, and neither the political leader nor the judge has any interest in publicizing their crass dealings.

Once elected, the judge may try to amortize his investment in purchasing his office by receiving illegal payments or favors of various sorts from litigants and attorneys. These arrangements are customarily consensual. The reason the Barron case blew up is that the lawyer regarded the judge's demands as extortionate, since all Barron had to do was give his consent to a $4.9 million civil settlement, which had already been worked out. For this essentially ministerial function, he demanded a down payment of $18,000 and an additional $115,000 after the money was paid. The sum extorted in this one cases would have been larger than the judge's annual salary, which was $113,000 at the time.

Hynes, who in previous terms had been passive on corruption issues, paying more attention to prosecuting people who dared to run against him, changed significantly after the Barron case and began to study the transactions of Clarence Norman, who had supported him. In this year's election, Norman's candidate, State Senator John Sampson, came within five points of unseating Hynes, who was also challenged by two able candidates, Mark Peters and Arnie Kriss.

The case against Norman was thought to be relatively weak, and susceptible to dismissal. Norman chose to be represented by Edward Rappaport, a former State Supreme Court justice from Brooklyn. Judge Rappaport is no Justice Roberts. The criminal case was tried before a Queens judge, since every judge in Brooklyn was suspect, even though we assume that many, or most of them, are honest. Norman made the serious error, as Dennis Kozlowski did in the Tyco case, of taking the stand himself, and the jury judged him by his performance before them. Even though his alleged sins were relatively trivial for a politician, his plea of ignorance of the law was not credible. He was considered too smart not to have known what he was doing, the jury felt that his testimony was not credible. Essentially, he was convicted for personally lying to them, which made the case a contest between his intelligence and theirs. There are phrases which describe certain misstatements: bold faced lies, (3.7 million hits), bald faced lies, (1.28 million), lying through his teeth, (4.39 million) and lying in their faces (19 million). Judgments made by people who believe they have been lied to are often harsher than the circumstances of the case would ordinarily require.

The conclusion we draw is that, in many criminal cases, justice is likely to be done, but there is a tortuous trail between the allegation of an offense and conviction by a jury, and it usually requires a series of errors by the defendant or his counsel to reach the result in the Norman case. Now the DA will seek to get the former county leader's co-operation in other cases in order to avoid a prison sentence. Our own sense is that Hynes is unlikely to succeed in this effort, but on the other hand most observers believed that Norman was unlikely to be convicted.

Another aspect of both the Norman and DeLay cases is the criminalizing of misstatements and evasions with regard to campaign financing. Although we believe that, with Norman, the misstatements were intentional (he knew the rules), did the crime he committed merit conviction on three felony counts, forfeiture of office, disbarment and imprisonment? The issue remains: would Al Capone have been prosecuted and received the long sentence he did for income tax evasion if he were not a notorious gangster? But even if the answer to that question is No, did he not ultimately receive the sentence he deserved?

Justice works in mysterious and sometimes unpredictable ways, and sometimes it doesn't work. Every unconvicted criminal on the streets today represents a weakness in the system or in its application. But many more are convicted than escape judgment, even in Brooklyn. Like the rest of us, justice has its good days and its bad days. Tuesday was a good day, and, topping that, Wednesday brought the indictment of another legislator, House Majority Leader Tom DeLay.

We are well aware, and you should be too, that "an indictment is merely an accusation" and "a district attorney can indict a ham sandwich", a phrase coined by former Chief Judge Sol Wachtler of the New York State Court of Appeals, himself a victim of overzealous prosecution. Nonetheless, we must say that the DeLay indictment, although the case is arcane, does not stir us to the highest level of outrage. Even if he did not commit the crime of which he is accused, even if what he did is, or should not be, a crime, and although we know that even the guilty are entitled to the presumption of innocence, we are not shocked by his indictment as we were not shocked by the prosecution of Clarence Norman. DeLay's other wrongdoing (and we don't mean his political views) may or may not rise to the level of high crimes and misdemeanors, but his actions warrant more condign punishment than "The Hammer" has yet received.


#256 9.29.05 1472#wds




Henry J. Stern
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New York Council Calendar for the week of 10/03/2005 to 10/07/2005

Subject: RE:Council Calendar
Date: 9/30/2005 4:29:58 AM Eastern Daylight Time
From: webmaster@council.nyc.ny.us
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New York Council Calendar for the week of 10/03/2005 to 10/07/2005:
*************************************************************
DATE: Monday, October 03, 2005
*************************************************************
COMMITTEE: Transportation, Chairperson(s):John C. Liu
TIME: 9:45 AM
LOCATION: Committee Room - City Hall
DETAILS: Int. 699 - By Council Members Liu, Reed, The Speaker (Council Member Miller), Addabbo, Comrie, Gentile, Gerson, Martinez, McMahon, Moskowitz, Quinn, Sanders, Jr., Seabrook, Sears, Vallone, Jr., Weprin, Fidler, Gennaro, Gonzalez, Reyna, and Katz - A Local Law - to amend the administrative code of the city of New York, in relation to licensing of stoop line stands contingent upon certification that such stand does not obstruct pedestrian traffic.

M 672 - Communication for the Mayor ? Mayor?s veto and disapproval message of Introductory Number 699, in relation to licensing of stoop line stands contingent upon certification that such stand does not obstruct pedestrian traffic.

COMMITTEE: Joint Meeting. Transportation; Education , Chairperson(s):Eva S. Moskowitz, John C. Liu
TIME: 10:00 PM
LOCATION: Committee Room - City Hall
DETAILS: Proposed Int. 702-A - By Council Members Nelson, Avella, Barron, Gentile, Gerson, James, Koppell, McMahon, Perkins, Seabrook and Weprin - A Local Law - to amend the administrative code of the city of New York, in relation to requiring the placement of two-way radios, cellular phones and tracking devices on school buses.

*************************************************************
DATE: Thursday, October 06, 2005
*************************************************************
COMMITTEE: Zoning & Franchises, Chairperson(s):Tony Avella
TIME: 9:30 AM
LOCATION: Committee Room - City HallDETAILS: See Land Use Calendar Available Thursday, September 29, 2005, Room 5 City Hall

COMMITTEE: Sanitation & Solid Waste Management, Chairperson(s):Michael E. McMahon
TIME: 10:00 AM
LOCATION: Committee Room - City Hall
DETAILS: Proposed Int. 70-A -By Council Members Koppell, Yassky, Liu, Nelson, Vann, Dilan, Fidler, Gerson, Jackson, Lopez, Quinn, Sanders, Seabrook, Stewart, Weprin, Brewer, Clarke, James and Gennaro - A Local Law - to amend the administrative code of the city of New York, in relation to requiring a recycling program for all rechargeable batteries.

COMMITTEE: Joint Meeting. Parks & Recreation; Waterfronts , Chairperson(s):David Yassky, Helen D. Foster
TIME: 10:00 AM
LOCATION: Hearing Room - 250 Broadway, 14th Floor
DETAILS: Oversight - Brooklyn Bridge Park

COMMITTEE: Landmarks, Public Siting & Maritime Uses, Chairperson(s):Simcha Felder
TIME: 11:00 AM
LOCATION: Committee Room - City Hall
DETAILS: See Land Use Calendar Available Thursday, September 29, 2005, Room 5 City Hall

COMMITTEE: Planning, Dispositions & Concessions, Chairperson(s):Miguel Martinez
TIME: 1:00 PM
LOCATION: Committee Room - City Hall
DETAILS: See Land Use Calendar Available Thursday, September 29, 2005, Room 5 City Hall

COMMITTEE: General Welfare, Chairperson(s):Bill de Blasio
TIME: 1:00 PM
LOCATION: Hearing Room - 250 Broadway, 14th Floor
DETAILS: Oversight - Housing Provided by the HIV/AIDS Services Administration Int. 721 - By Council Members de Blasio and Quinn - A Local Law - to amend the administrative code of the city of New York, in relation to ensuring that New York City does not pay for emergency housing for clients of the HIV and AIDS Services Administration who are deceased.

COMMITTEE: Environmental Protection, Chairperson(s):James F. Gennaro
TIME: 1:00 PM
LOCATION: Council Chambers - City Hall
DETAILS: Proposed Int. 148-A - By Council Members Vallone, Jr., Nelson, Reed, Gennaro, Comrie, Gerson, Reyna, Sanders Jr., Weprin, Avella, Koppell, Yassky, Quinn, Addabbo Jr., Seabrook, Katz, Brewer, Gentile, Moskowitz, Liu, Gallagher, Lanza, Oddo, Gioia, Sears, McMahon, Martinez, Foster, Perkins, Recchia Jr., Monserrate, Fidler, Clarke, DeBlasio, Baez, James, Palma, Jackson, Rivera, Barron and The Public Advocate (Ms. Gotbaum) - A Local Law - to amend the administrative code of the city of New York, in relation to carbon dioxide emissions from electric generating units.
*************************************************************
DATE: Friday, October 07, 2005
*************************************************************
COMMITTEE: Education, Chairperson(s):Eva S. Moskowitz
TIME: 10:00 AM
LOCATION: Council Chambers - City Hall
DETAILS: Oversight ? Special Education Proposed Int. 464-A - By Council Members Monserrate, Yassky, Barron, Comrie, Gerson, Gonzalez, James, Koppell, Palma, Martinez, Reyna, Brewer, Clarke, Foster, Jackson, Liu, Quinn, Recchia, Reed, Rivera, Sanders, Sears, Stewart, Weprin, Dilan, DeBlasio, Lopez, Vann, Gennaro, Arroyo, Nelson, Seabrook, Gioia, The Speaker (Council Member Miller) and The Public Advocate (Ms. Gotbaum) - A Local Law - to amend the administrative code of the city of New York, in relation to the provision of language assistance services.

COMMITTEE: Land Use, Chairperson(s):Melinda R. Katz
TIME: 10:00 AM
LOCATION: Committee Room - City Hall
DETAILS: All items reported out of the subcommittees AND SUCH OTHER BUSINESS AS MAY BE NECESSARY

*Selected Commitees are not listed.This is an automated mailer, so please confirm these dates by checking the Hearings and Meetings Calendar on our website, for the schedule may change at the last minute. Thank you.

Sincerely,The Webmaster of the New York City Council

Thursday, September 29, 2005

Hurrican clean up - Sub Contractors Wanted

The ARMY CORP. of ENGINEERS has a list of companies offering construction sub-contracting for debris removal, roofing etc.

Vocal Business Advocate Whitman Joins CB9

Columbia Spectator -

Vocal Business Advocate Whitman Joins CB9
Whitman Claims to Be �The Living, Walking, Breathing Target That CU Wants to Eliminate�
By Lindsay Schubiner
Spectator Staff Writer

September 29, 2005

If Community Board 9�s position on the use of eminent domain in Manhattanville was not made clear by its unanimous passage of a resolution against its use last fall, a recent addition to the Board will help solidify its opposition.

This summer, Anne Whitman was appointed to Community Board 9 by Manhattan Borough President C. Virginia Fields. Whitman is a very vocal member of the West Harlem Business Group, an alliance of six family-owned businesses in Manhattanville that formed last September to oppose Columbia�s possible use of eminent domain, a power granted to governments to forcibly buy land for �public use.� The business group has hired prominent civil rights attorney Norman Siegel to aid their efforts.

�I�m the living, walking, breathing, target that Columbia wants to eliminate, to exterminate, and I think that I bring a human face to the Community Board,� Whitman said. �I come as a person who�s really got an issue.�

Whitman owns Hudson Moving and Storage, a business that was started by her father, and lies in the path of Columbia�s proposed campus. University officials have repeatedly stated that they hope to acquire all properties in the area through normal negotiations, but they have refused to take eminent domain off the table.

�We�all the family businesses that are there�purchased our businesses so that we could control our own destinies,� she said. �We consider our businesses and properties a successful example of the American dream.�

Anne Whitman has already been assigned to the Board�s rezoning task force, which mostly deals directly with Columbia�s plans, but she also expressed an interest in the committee that addresses local landmarks and historic preservation.

Community Board Chair Jordi Reyes-Montblanc said he was glad to see Whitman appointed because, unlike many other Board members, she has a business background.

�Personally, I am happy that she is on the Board. She is a good person and has experience in areas that not many other people have,� Reyes-Montblanc said. �We have one of the most diverse communities, so we like to have a diverse board, diverse opinions, diverse experiences, diverse backgrounds.�

However, Reyes-Montblanc said he did not consider Whitman�s appointment anything other than routine.

�We had several openings, and she applied for it, and she was appointed,� Reyes-Montblanc said. �There is no hidden agenda. There is no hidden meaning... It�s just a planned, routine type of thing.�

A staffer for the borough president agreed that Whitman�s application had been treated like all other applications.

Despite her fervent resistance to Columbia�s use of eminent domain, Whitman still hopes that the community can steer its relationship with Columbia toward a partnership and avoid the adversarial relationship they have had in the past.

�I�m hoping for a compromise between the Community Board and Columbia, where Columbia comes in, and the community invites them to build where they have purchased,� Whitman added. �I really admire Columbia in so many ways, but this is our livelihood�our past, present, and future at stake.�

I Love NYC Watersheds

Subject: I Love NYC Watersheds
Date: 9/29/2005 12:05:38 P.M. Eastern Daylight Time
From: MyNYC@nyc.gov
Reply To: msngrprdb2-1.59cvm.58g1.rs.0.5264p.-nc2thg@popcsms.csc.nycnet
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Autumn has arrived in the New York City Water Supply Watersheds as the leaves have begun to change color. Here are an assortment of beautiful scenes of the reservoirs and watershed lands in the Fall. There are plenty of activities in the watershed, including hiking, sightseeing, apple picking, and much more. For more information on these activities, and for the best times and locations to view the changing foliage, visit I Love New York Autumn. More















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Banner Photo:
Ashokan Reservoir in the spring. One of 19 reservoirs that provides the City of New York with 1.3 billion gallons of fresh drinking water everyday.

New $10 Bill Gets a Colorful





http://www.nytimes.com/aponline/business/AP-New-Ten.html?hp&ex=1127966400&en=0b8bf83453bb14df&ei=5094&partner=homepage
--------------------------------------------------------------------------------

September 28, 2005

New $10 Bill Gets a Colorful Makeover
Red, yellow and orange colors are featured on the newly redesigned $10 bill, the third currency denomination to add color to the traditional green of U.S. currency.


By THE ASSOCIATED PRESS
Filed at 5:09 p.m. ET

WASHINGTON (AP) -- Hooray for the red, yellow and orange! Those are the colors featured on the newly redesigned $10 bill, the third currency denomination to add splashes of color to the traditional green of U.S. currency.

Some 800 million of the new bills will be put into circulation starting early next year in the government's latest effort to stay ahead of tech-savvy counterfeiters.

''The craftsmanship that goes into our currency is unmatched anywhere in the world. So is our commitment to safeguarding that currency,'' said Treasury Secretary John Snow, who participated in an unveiling ceremony on Ellis Island in the New York harbor.

The location was selected to highlight one of the bill's new features -- a red image of the Statue of Liberty's torch on the left side of a revised portrait of Alexander Hamilton, the first secretary of the Treasury, who is shown without the traditional oval frame around his portrait.

Also highlighted in red is the phrase from the Constitution ''We the People'' on the right side of Hamilton's portrait. The bill overall has a subtle orange background. The yellow is seen in small 10s around the torch on the front of the bill. There are also small yellow 10s to the right of the U.S. Treasury building, which remains on the back of the bill.

The makeover of the $10 bill follows similar colorization of the $20 bill in 2003 and the $50 bill last year.

Plans call for the $100 bill to be redesigned in 2007, a rollout delayed so more security features can be added to the favorite denomination of counterfeiters outside the United States. There are no plans to change the $1, $2 and $5 bills.

Other security features of the $10 bill, which were introduced in an earlier makeover, include a plastic security thread that repeats ''USA Ten'' in tiny print. There is also a watermark that can be seen when the bill is held up to the light, and color-shifting ink that makes the numeral ''10'' to the right of Hamilton change color from copper to green when the bill is tilted.

Each bill denomination has different colors mixed in with the traditional green. For the $20, the additional colors were peach and blue while the $50 bill has blue and red.

Thomas A. Ferguson, the director of the Bureau of Engraving and Printing, which produces all U.S. paper money, said the government plans to redesign the currency every seven to 10 years to keep ahead of counterfeiters armed with ever more sophisticated devices.

Since 1995, digitally produced counterfeit notes have increased from less than 1 percent of those detected in the United States to about 54 percent.

------

On the Net:

Bureau of Engraving and Printing currency site: http:http://www.moneyfactory.gov/

Wednesday, September 28, 2005

CENTER FOR HURRICANE KATRINA EVACUEES TO CHANGE LOCATION

Subject: City Moves Center for Katrina Evacuees Downtown
Date: 9/28/2005 5:08:00 P.M. Eastern Daylight Time
From: MyNYC@nyc.gov
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OEM News and Events & Information for Community-Based Organizations


CENTER FOR HURRICANE KATRINA EVACUEES TO CHANGE LOCATION



Effective Thursday, September 29, the City's Katrina Welcome Center for Hurricane Katrina evacuees will be located at 80 Centre St., at the corner of Worth and Centre Streets in lower Manhattan. The Welcome Center, which serves as the entry point to the City's Disaster Assistance Service Center (DASC), was formerly located at the City College of New York's Great Hall at 138 Street and Convent Avenue.

Evacuees seeking social services from the City should report to 80 Centre St. beginning Thursday to schedule an appointment at the DASC and fill out initial paperwork. The City encourages evacuees to bring as much documentation as possible to prove their identity and residency in the affected area.

The center will remain open Monday-Saturday, 8:30 a.m. to 7 p.m., and Sundays, 10 a.m. to 5 p.m. until evacuees' needs are met. However, both the Welcome Center and the DASC will be closed October 8-10 in observance of Columbus Day weekend. Both centers will reopen Tuesday, October 11, at 12 p.m.

On September 15, Office of Emergency Management (OEM) Commissioner Joseph F. Bruno, in partnership with the Human Resources Administration, The Department of Homeless Services, and American Red Cross in Greater New York, opened a DASC to better serve Hurricane Katrina evacuees who have relocated to New York City. Relocating the Welcome Center and DASC to 80 Centre St. will serve to consolidate City resources for Katrina evacuees under one roof.

The DASC will remain at its current location in upper Manhattan until Sunday, October 2, when it will also move to 80 Centre St. Evacuees who have appointments to see case specialists for October 3 and beyond should report to 80 Centre St.

Staffed by representatives of several City, State and federal agencies and disaster relief organizations, the DASC addresses the needs of those displaced by last month's storm, including housing, clothing, and financial recovery.

The City urges evacuees to register with the Federal Emergency Management Agency (FEMA) before reporting to the Welcome Center. FEMA estimates it will take at least 20 minutes to complete the registration process via phone (800-621-FEMA; TTY: 800-462-7585) or internet (www.fema.gov).

Both the Welcome Center and the service center rely on volunteers for staffing. To volunteer, visit New York Cares' website at www.nycares.org or call 212-402-1171.

For more information about the City's efforts to support victims of Hurricane Katrina, call 311 or visit NYC.gov.




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Levee Town

Subject: Fwd: Fw: a recent nation article on New Orleans and eminent domain
Date: 9/28/2005 1:46:03 PM Eastern Daylight Time
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Click here to return to the browser-optimized version of this page.

This article can be found on the web at
http://www.thenation.com/doc/20051003/cockburn
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beat the devil by Alexander Cockburn


Levee Town

[from the October 3, 2005 issue]

Weather can wipe out cities forever. It's what happened to America's first city, after all, as a visit to Chaco Canyon northeast of Gallup, New Mexico, attests. At the start of the thirteenth century it got hotter in that part of the world, and by the 1230s the Anasazi up and moved on. As the world now knows, weather need not have done New Orleans in. There are decades' worth of memos from engineers and contractors setting forth budgets for what it would take to build up those levees to withstand a Category 4 or Category 5 hurricane. The sum most recently nixed by Bush's OMB--$3 billion or so--is far less than what the Pentagon simply mislays every year.

New Orleans has bounced back before--though after the Civil War the city never really returned to its former glory. According to Lyle Saxon's Fabulous New Orleans, the last great social season came in 1859 with the largest receipts of produce, the heaviest and most profitable trade the city had ever done. The total river trade that year was valued at $289,565,000.

On April 24, 1862, New Orleans fell to the federal forces. Farragut's fleet broke through the blockade at the river's mouth. Soon thereafter federal ships passed the two forts below New Orleans. Tumult and confusion prevailed. To keep them out of enemy hands, 12,000 bales of cotton were rolled from the warehouses and set on fire. Warehouses crammed with tobacco and sugar were torched. Ships on the Mississippi, loaded with cotton, were burning too, and the sparks jumped to the steamboats. The Mississippi was aflame. As Saxon puts it, "gutters flowed molasses: sugar lay like drifted snow along the sidewalks." New Orleans had been sacked by its own people. The years of poverty and misery began.

With misery came masques, though it had actually been in 1857 that some young men from Mobile paraded during Mardi Gras as the Mystick Krewe of Comus, thus augmenting the traditional masked balls of the Creoles. In 1879 came the Twelfth Night Revelers. Then in 1872 Alexis Alexandrovich Romanov, brother to the Czar-apparent, was in town for carnival. They organized a parade for him, headed by a makeshift monarch, "Rex," a parody of the real thing.

In 1916 the first black krewe, the Zulu Social Aid and Pleasure Club, mimicked the mimicry of Rex by making the Zulu King's royal way the Basin Street Canal and his imperial float a skiff. As in the "life upside down" banquets of the Middle Ages, the parades and the masques parodied, or at least underlined, the real nature of things. As Errol Laborde, historian of Mardi Gras, describes it: "In the waning moments of the Carnival season, Rex and his queen greet Comus and his queen. Carnival custom recognizes Rex as the symbol of the people and Comus as the symbol of tradition and high society. It is more than symbolic that at the ceremonial conclusion of Carnival, Rex bows to Comus. In this act the people bow to society."

Hurricanes trump mime. In the wake of Katrina's onslaught, the people greeted Comus, taking the unpleasing form of Vice President Dick Cheney, with the finger and a four-letter word. But Comus will have the next laugh. The dearest wish of "society"--in its true guise as the expression of power and property--has always been to push Rex and his people off all potentially profitable real estate in the Crescent City, with the whole shoreline gentrified and the poor driven into hinterland ghettos. Thus were the better housing projects--such as Iberville and St. Thomas--scheduled for demolition nearly a generation ago, and the Superdome imposed upon what had been a thriving black neighborhood.

So, as Sonny Landreth puts it in his song "Levee Town," "Don't be surprised at who shows up, down in the Levee Town." As the waters recede poor neighborhoods will be swiftly red-tagged for the bulldozers. The "reconstruction" of New Orleans promises to be the first really big outing for the Kelo decision. Kelo? On June 23 the Supreme Court's liberals, plus Souter and Kennedy, decreed that between private property rights on the one side and big-time developers with city councils in their pockets on the other, the latter win every time, using the weapon of eminent domain in the furtherance of "public purpose." As Sandra Day O'Connor wrote in her dissent, "the specter of condemnation hangs over all property. Nothing is to prevent the State from replacing a ny Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory." Or any black neighborhood with some simulacrum of the Garden District.

For most of its post-Civil War existence New Orleans was a pretty desperate city, despite its occasional boasts that it has the highest number of millionaires in America's fifty largest cities. I remember that in 1988, the year George Bush Sr. accepted his nomination in the Superdome, some 26 percent of the city's inhabitants were below the poverty line and 50 percent could be classified as poor.

The scarcely suppressed class war in New Orleans was what gave the place, and its music, its edge. And why, at least until now, the Disneyfication of the core city could never quite be consummated. Barely had the hurricane passed before Speaker of the House Dennis Hastert caught the Republican mood nicely with his remarks that the city should be abandoned to the alligators, and Barbara Bush followed through with her considered view that for black people the Houston Astrodome represented the ne plus ultra in domestic amenities.

Music and street food are what anchored the city to its history. On any visit, you could hear blues singers whose active careers spanned six decades. Clarence "Gatemouth" Brown finally left us recently at 81. I heard him at JazzFest this spring, and though the Reaper had him by the elbow, Gatemouth still fired up the crowd: "Goodbye, I hate, I hate to leave you now, goodbye/Wish that I could help somehow/ So long, so long for now, so long/I pray that I return, return to you some day/You pray that it shall be just that way/So long, so long for now, so long."

Ease gasoline use, increase pipeline flow

Miami Herald.com
Posted on Wed, Sep. 28, 2005



Ease gasoline use, increase pipeline flow

OUR OPINION: CONSERVATION MESSAGE FROM PRESIDENT STRIKES RIGHT CHORD


We applaud President Bush for the quick and decisive steps he has taken -- including urging motorists to drive less -- in trying to get ahead of an energy shortfall and possible panic at the pump. The message is, ''We're all in this together; if we pull together, we can get through it.'' The president seeks buy-in that can pull the country together at a time of crisis brought on by two monster hurricanes, Katrina and Rita.

Though Mr. Bush described a number of business-friendly steps the government is taking to deal with the impending crisis, he left one obvious option -- requiring vehicles to operate more efficiently -- out of the equation. That's too bad because improving the average miles-per-gallon efficiency of cars and trucks could significantly lessen the country's energy demands over the long haul, not just the short-term.

Increasing refinery capacity

Nevertheless, the president's call for a modicum of sacrifice by all Americans was welcome. The hurricanes crippled gasoline production in the refinery-rich Gulf Coast region, which supplies more than one-third of the country's gas and oil needs. Mr. Bush described steps being taken to quickly return the refineries and pipelines to full production, including waiving tax penalties for using certain diesel fuels and waiving technical Environmental Protection Agency rules that require winter/summer blending mixtures for fuels.

More important, the president said that the government will release oil from the nation's strategic reserves and that he will ask Congress to create incentives for building up U.S. refinery capacity. More capacity is critical. The blow by Hurricane Katrina alone showed that the United States is just one big storm away from a refinery meltdown. Indeed, the country hasn't built a new refinery since 1970.

It's clear from President Bush's remarks that he wants to strip away rules and bureaucratic red tape to create incentives for building refineries. Mr. Bush should take care, though, not to toss out the baby with the bath water. Bypassing regulatory rules could result in facilities less capable of surviving damage from natural or man-made disasters.

Calming drivers' fears

Curiously, Mr. Bush commended the efforts of Gov. Jeb Bush and Georgia Gov. Sonny Perdue to calm drivers who are anxious about rising gas prices. The president is right about Gov. Bush's actions in getting the word out about ample supplies and staying calm. But Gov. Perdue's moves are exactly what should not happen. The governor announced late Friday that public schools would be suspended for two days to save on fuel supplies for school buses and other vehicles. That sent parents into a desperate frenzy to find activities and child-care alternatives for their children and, worse, it reinforced the idea that supplies were so low that desperate measures were needed.

Big mistake, Gov. Perdue. By contrast, President Bush's own message struck just the right balance in showing that the federal government is taking steps to increase the supply of gasoline and describing what residents themselves can do to help. That's constructive and effective.

Hunger strikers in Cuba's cruel jails

Miami Herald.com
Posted on Wed, Sep. 28, 2005


Hunger strikers in Cuba's cruel jails

OUR OPINION: WORLD SHOULD PRESSURE REGIME TO FREE POLITICAL PRISONERS

Political prisoners continue to suffer in Cuba, and they must not be forgotten. Now, at least three of them are on hunger strikes protesting horrendous conditions when they should never have been locked up in the first place. They're being punished for demanding political reforms and democracy. Indeed, the regime's more than 300 political prisoners are subjected to cruel treatment for doing what is legal in any free country. No effort should be spared by the international community to demand their release.

25-year sentences
The three hunger strikers were among 75 activists railroaded during the regime's Spring 2003 crackdown on dissent. They, like even once-healthy dissidents, have been sickened by contaminated food and water, excessive heat, filthy conditions and medical mistreatment. They are:

� Christian Liberation Movement member Jos� Daniel Ferrer, who hasn't eaten for 22 days as of today. He is serving a 25-year sentence for promoting the Varela Project, a constitutional petition calling for free elections, civil liberties and freedom for political prisoners. He recently was placed in a prison unit with dangerous common criminals, a tactic that Cuban authorities use to harass and injure political prisoners.

� V�ctor Rolando Arroyo, an independent journalist and librarian, has been on a hunger strike for 16 days. In 2000 he spent six months in jail for giving out toys to children on Three Kings Day. Now he is serving a 26-year sentence. His wife says that he has been hospitalized. He has refused forced feeding and is severely dehydrated.

� F�lix Navarro, a democracy advocate and Varela Project activist, has shared the hunger strike for 16 days in solidarity with Mr. Arroyo, who is in the same prison. Mr. Navarro is serving a 25-year term.

The wives of Mr. Arroyo and Mr. Navarro protested that they have been deprived of all contact with them for four months: no phone calls, no mail and no medication packages allowed for the prisoners. Nor have the wives been allowed visits after traveling from their Pinar del R�o homes to the prison in Guant�namo, on the other extreme of the island.

Brutal as ever
Last year the regime conditionally released 14 political prisoners and got what it wanted: The European Union, pushed by Spain's Zapatero government, lifted sanctions that had been imposed after the 2003 crackdown. Yet the regime is no less brutal today. Indeed, since July a new repressive wave is underway.

Now it's incumbent on the EU and Spanish government to revisit their policies. More important, they and other international players must pressure the regime to unconditionally release the political prisoners who should never have been jailed.

Recycle More, Waste Less! September 2005 Newsletter

September 28, 2005

The NYC WasteLe$$ electronic newsletter: reducing waste one click at a timeProduced by the NYC Department of Sanitation, Bureau of Waste Prevention, Reuse and Recycling
Check out the new NYCWasteLe$$ website: http://www.nyc.gov/html/nycwasteless/html/home/home.shtml NYC's one-stop resource for waste prevention and recycling information.

October 2005 Electronics Recycling Events. Recycle your unwanted electronic equipment (including computers, TVs, and cell phones) for free. Here�s the when, where, and how.

2006 Golden Apple Awards. Recycling is the law for every building in New York City, including homes, schools, and businesses. An updated guide describes recycling regulations for schools and how schools can win cash prizes for their recycling, waste prevention, and cleanup programs!

Get free, high-quality compost. Most weekends in October 2005, the Department of Sanitation will be giving away unlimited amounts of top-quality compost at our composting facilities. For more information, see the compost calendar on the NYC Compost Project website.

This is the NYC.gov News you requested for: Environmental, Recycling, & Waste Prevention News

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Tuesday, September 27, 2005

Crime Without Punishment: How Law Differs From Justice.


Subject: Crime Without Punishment
Date: 9/27/2005 7:17:03 PM Eastern Daylight Time
From: starquest@nycivic.org
To: reysmontj@aol.com
Sent from the Internet (Details)



HEADNOTE: This is a relatively long article (2138 words, including this note). It is replete with digressions on political and social history, which we hope most of you will enjoy. It is not for office reading, so if you receive it there, I suggest printing it out and reading it on your commute (if you get a seat) or while you are at home and have time. It does not pretend to be a law review article (although the digressions have some resemblance to footnotes). We try to make two basic points: 1) Statutes could be more helpful to law enforcement, but some people prefer for various reasons to protect criminals. 2) Intellect and wisdom do not necessarily go hand in hand.



Crime Without Punishment:
How Law Differs From Justice.

By Henry J. Stern
September 27, 2005

This article begins with a story which I tell periodically. It made a strong impression on me when it happened (I was nine or ten years old). It is still embedded in my conscious mind, and this is a good time to tell it, because it leads to other examples of the enormous gap that still exists in areas between what is legally permitted and what happens in the real world we inhabit.

In the 1940's, when I was a little boy and most of you were yet unborn, my father used to come home from work each evening on the IRT to our apartment on Post Avenue in Inwood, the upper Manhattan neighborhood, not the five towns Inwood in Nassau. When he came home he carried under his arm a copy of the World-Telegram (that was before it swallowed the old Sun in 1950). He thought that Hearst's Journal-American, which splashed red ink in its front page headlines, was too conservative and sensational at the same time. The Post was a tabloid, and the ink came off on your hands and on your suit. The World-Telegram was the sensible, businessman's newspaper.

I eagerly awaited my father's arrival home, not only to see him, but to read the newspaper he brought. The paper was full-sized and I was small, so I spread it out on the living room floor to read. In the apartment where my two brothers, my sister and I were raised, the living room was also a bedroom but no one went to bed that early, so it was all right to read there. I remember the Telegram's front page banner headline in 1950 reporting that George Bernard Shaw had died at 94, which seemed to me to be a remarkable age. In 2005, he is regarded by many as an historic literary figure (he was born in 1856, nine years before Rudyard Kipling).

A subject I read about frequently was a man named Frank Costello, who lived at the Majestic apartment house, an art-deco twin towered building at 115 Central Park West (at 72nd street, just south of the Dakota). Costello was reputed to be a very important figure in organized crime, but he was usually referred to in the Telegram as "The Prime Minister of the Underworld."

That phrase really caught my attention. I had read a lot about the Prime Minister of Great Britain, our wartime ally. He was Winston Churchill, who was, then as now, very highly regarded. Prime minister was a significant public office. The question that came to my young and relatively unsophisticated mind was: "If Frank Costello is prime minister of the underworld, and the World-Telegram knows about it and prints it in the paper, why don't the police know about it, and, if they do know, why isn't Costello arrested and sent to prison?"

I asked my father to answer the question, and he said that it was complicated. A few years later I went to law school, still hoping to find the answer. What I learned, among other valuable things, is that just because a man is a criminal, that doesn't mean that he can be arrested and prosecuted unless there is proof beyond a reasonable doubt that he has committed a particular crime.

And serious criminals can hire fine lawyers who can instill the doubt that prevents conviction. (See People v. Simpson, a California case.) Jerks who blunder into crimes usually do not have the quality of representation that professional criminals or members of organized crime can afford. That's the way it is under our rules of engagement.

Later, when I was starting out in city government, I worked for two Borough President of Manhattan, under two distinguished people, the late Edward R. Dudley, who was appointed by President Truman as this country's first black ambassador (he was sent to Liberia in 1949) and later became a justice of the Supreme Court of the State of New York. When he became a judge, he was succeeded by, and Constance Baker Motley, who was appointed a Federal judge by President Johnson in 1966, and later became chief judge by virtue of seniority. I would attend Community Board meetings most weekday evenings, and during the day I would see what I could do to address people's complaints about city services.

A frequent complaint was on-street prostitution. Local residents said that prostitution was open and notorious, they named the blocks where, they said, it went on every night. They had complained to the police, but apart from an occasional roundup, there was no change in the condition. The block that generated the most complaints was East 30th Street, between Park Avenue South and Lexington Avenue. The south side of the street was lined with town houses with stoops and ground-floor entrances. The ladies of the night (some of them were what are now called she-males) would wait in the entranceways.

When the Johns came by, driving east, many straight from the Lincoln Tunnel, the women would wait for a car to stop, jump in and service the driver. In this line of work there was no discrimination against B and T people, (a putdown describing those who did not live in Manhattan, but entered it by bridge or tunnel). In fact, they represented a good part of the trade. As the block gentrified, and the below-ground areas were fenced off, the problem receded. This was over 40 years ago, and I do not know how it is today. But if they have left East 30th Street, there are other areas in Chelsea and Clinton, near the tunnel entrances, where they work. The world's oldest profession is still being widely practiced, look at the ads in the weeklies. But with the aid of first the telephone and now the internet, much of it has moved indoors.

When there was extensive street solicitation by prostitutes, the frequent objects of citizen complaints were police officers, who often walked past these women and did not disturb them in any way. It was assumed that the officers were being paid off not to interfere, either by receiving cash or relying on an exchange of services. That was the case for many years; the Tenderloin district on Manhattan's West Side was reputedly named for the rich picking for police brass.

In recent years, however, the problem has centered less on corruption (at least in New York City) and more on what police officers are allowed to do. Today, simply observing a person who is obviously a prostitute (by her dress, by her location, by her manner, by the time of day or night) cannot be arrested, or even forced to move, because the police officer has not witnessed a crime being committed. With today's standards of political correctness, police action against such a person would be objected to as "prostitute profiling". Anti-loitering statutes have been struck down by the courts as vague. They are certainly not precise, but how else can a city prevent prostitutes (sex workers, in today's lingo) from standing on street corners to solicit passersby and driversby.

How can a police officer justify acting against a particular individual? Is he or she judging by gender, apparel or ethnicity? Young lawyers from the finest firms fight such arrests, under the rubric of pro-bono activity. Today, in many cases, pro bono means anti-government.

The presumption here is that whatever the state or the city tries to do is assumed to be wrong, and that in any conflict between the state and the individual, the individual defendant is likely to be a victim of state power, and because he/she is unable in many cases to afford counsel, the pro bono lawyers are there to counter the assistant district attorneys and United States attorneys who represent the Orwellian state. Sometimes, individuals are in the right, and sometimes they are in the wrong, but, to many lawyers, that makes very little difference, the worse an individual's behavior, the greater his need for quality representation. The worse the horse, the greater triumph for the jockey when he wins. In any event, lawyers serve clients, usually rich but occasionally poor.

The law itself imposes limits on police activity, and such laws have some justification. We do not want random stops of innocent people, particularly when they are race-based. We do not want citizens, or non-citizens, driven out of a neighborhood because of their appearance, their poverty or their lack of housing, clothes or food. But when a reasonable officer believes (and pictures can be taken to support that conclusion) that a person is in a particular place for the purpose of committing a crime, it seems foolish that the officer must wait for the crime to be committed before taking action. Besides, crimes involving consent usually occur in private, not public places, where people can be observed in the act.

The street prostitution situation is a microcosm of the Costello problem. Yes, nearly everyone knew that Frank Costello was an important gangster, but he was beyond the power of the law. Vincent (The Chin) Gigante shot him in front of the Majestic in 1957. Gigante was the man who would later wander the streets of Greenwich Village in a bathrobe to show he was unfit for trial. At his moment in history, his hand was unsteady, and the bullet merely grazed the leader's head. Costello saw nothing and had no idea why anyone would want to kill him. He died of natural causes in 1973.

We must note that, in recent years, the Justice Department has had enormous success in organized crime cases, and that most of today's Costellos are in jail for long terms. This is a great achievement which has not received the credit it deserves, in part because of the fact that in popular culture criminals are romanticized (Bonnie and Clyde, Frankie and Johnny, Scarface, Jesse James, etc.) and because the luster of the Federal Bureau of Investigation has been dimmed by stories about J. Edgar Hoover and L. Patrick Gray (who destroyed Watergate documents and was left to 'twist in the wind). Then there was 9/11, where the Bureau ignored specific warnings from its own agents about Arabs taking flying lessons in the United States.

Law enforcement today suffers from serious impediments, some the result of state legislative action or inaction. For example, the New York State Assembly, under the leadership of you know who, refuses to allow DNA testing of criminals in many cases. As a compromise in 2005, some testing was allowed. But the identifying technology, which protects the innocent as it convicts the guilty, is opposed by the criminal defense bar, who fight tooth and nail against scientific means of identifying their clients beyond doubt. In Albany, criminal lawyers have almost as much influence as personal injury lawyers. We wonder why.

There is much more to be written about the chasm between what people know to be true, and the results that can be obtained through our present legal system. We are mindful of the fact that there are conflicting values and interests here, and that most Americans do not want to live in a police state. But they don't want to live in a state where they are at the mercy of criminals who are protected by laws written by their attorneys.

We invite readers, particularly those who have had experience in this area, either as lawyers or as victims, to suggest what can be done, consistent with reasonable rights for individuals, to bridge the gap between reality and results in the criminal justice system. This is another area where most of the scholarship is on the side of the defense, which suggests to us that knowledge and intellect do not necessarily correlate with judgment and wisdom. That is an issue being raised in the confirmation hearings for Judge Roberts, who is clearly brighter than his questioners. We only note here that the issue cuts both ways -- if you get the drift.

#255 9.27.05 2138wds




Henry J. Stern
starquest@nycivic.org
New York Civic
520 Eighth Avenue
22nd Floor
New York, NY 10018
(212) 564-4441
(212) 564-5588 (fax)

www.nycivic.org

Refugees Welcomed in NYC - Local Center Provides Aid for Katrina Victims

Columbia Spectator -


Refugees Welcomed in NYC
Local Center Provides Aid for Katrina Victims

By Lindsay Schubiner
Spectator Staff Writer

September 27, 2005

Despite New York�s distance from Louisiana, about one thousand victims of Hurricane Katrina have sought shelter in the five boroughs with family or friends and aid from the city�s Office of Emergency Management.
The Office of Emergency Management, together with New York�s Human Resources Administration, Department of Homeless Services, and the American Red Cross in Greater New York, opened a service center roughly a week ago on West 135th street near Broadway to help the new migrants. OEM hopes the center will serve as �a one stop shopping center for all the services Hurricane Katrina evacuees would need,� said Andrew Troisi, a spokesperson for the Office of Emergency Management.

�The Disaster Assistance Service Center was a reaction to the realization that there were a lot of evacuees in New York and they needed services to get them back on their feet,� he said. But while community members are generally supportive of the center�s work, Community Board 9 Chairman Jordi Reyes-Montblanc took issue with the administration for not informing the board about the center�s opening.

�The whole process in the city of New York requires that the city agency, when they�re going to do anything, they�re supposed to consult the community board. In this instance that was not done,� said Reyes-Montblanc. �That�s an ugly precedent that I for one would not accept.� However, Reyes-Montblanc still supported the center�s goals. �I think it�s a good thing for us to help people from New Orleans in any way we can,� he said.

Troisi said he was unable to respond to Reyes-Montblanc�s complaint, but he emphasized the city�s continuing willingness to help Hurricane victims who have landed in New York. �There are no plans to close the center at this time. There�s definitely not a cap on what�s being offered. As long as there�s a need, we�ll respond to it,� he said.

Staff members from several governmental and nonprofit agencies have been meeting with evacuees through scheduled appointments to help them with housing, clothing, food, banking, and school enrollment for children.

Spectator could not obtain permission to speak with Katrina victims, but one employee at the Disaster Assistance Service Center observed that many of the evacuees were planning to stay in New York instead of returning home for fear of other hurricanes. The employee, who requested anonymity because she said she did not want some of her friends to know where she worked, noted that most evacuees seemed to be having a good experience at the service center.

�They�re very sympathetic to their needs,� she said of the service center staff�s reaction to the evacuees. �So far I haven�t seen anyone leave upset.�

To Conserve Gas, President Calls for Less Driving



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September 27, 2005

To Conserve Gas, President Calls for Less Driving
By DAVID LEONHARDT, JAD MOUAWAD and DAVID E. SANGER

With fears mounting that high energy costs will crimp economic growth, President Bush called on Americans yesterday to conserve gasoline by driving less. He also issued a directive for all federal agencies to cut their own energy use and to encourage employees to use public transportation.

"We can all pitch in," Mr. Bush said. "People just need to recognize that the storms have caused disruption," he added, and that if Americans are able to avoid going "on a trip that's not essential, that would be helpful."

Mr. Bush promised to dip further into the government's petroleum reserve, if necessary, and to continue relaxing environmental and transportation rules in an effort to get more gasoline flowing.

On Capitol Hill, senior Republicans called for new legislation that they said would lower energy costs by increasing supply and expanding oil refining capacity over the long run.

Even though Hurricane Rita caused much less damage to the oil industry than feared, the two recent hurricanes have disrupted production in the Gulf of Mexico enough to ensure that Americans are facing a winter of sharply higher energy costs. The price of natural gas, which most families use to heat their homes, has climbed even more than the price of gasoline recently.
Households are on pace to spend an average of $4,500 on energy this year, up about $500 from last year and $900 more than in 2003, according to Global Insight, a research firm.

Mr. Bush's comments, while similar to remarks he made shortly after the disruption from Hurricane Katrina pushed gasoline prices sharply higher, were particularly notable because the administration has long emphasized new production over conservation. It has also opted not to impose higher mileage standards on automakers.

In 2001, Vice President Dick Cheney said, "Conservation may be a sign of personal virtue, but it cannot be the basis of a sound energy policy." Also that year, Ari Fleischer, then Mr. Bush's press secretary, responded to a question about reducing American energy consumption by saying "that's a big no."

"The president believes that it's an American way of life," Mr. Fleischer said.

Mr. Bush, speaking yesterday after he was briefed at the Energy Department, did not use the dour tone or cardigan-wearing imagery that proved politically deadly for Jimmy Carter during the oil crisis of the 1970's. Nor did Mr. Bush propose new policies to encourage conservation. But he was more explicit than in the past that Americans should cut back.

Oil companies spent much of yesterday assessing the damage from Hurricane Rita, which seemed to spare many oil and gas facilities. Still, the gulf's entire oil output and about four-fifths of its natural gas production remained shut yesterday, less than a month after Katrina left the industry stretched thin.

The Gulf of Mexico produces about 7 percent of the oil consumed in the United States and provides 16 percent of the nation's natural gas.

About half of the 16 refineries that were forced to shut by Hurricane Rita have said they plan to restart production soon. But delays in refining pushed the average price of gasoline up again for the first time since Labor Day, to $2.80 a gallon for regular gasoline, according to AAA.

Crude oil prices also rose yesterday on the New York Mercantile Exchange, closing up 2.5 percent, to $65.82 a barrel. Natural gas futures rose 12 cents, to $12.44 a thousand cubic feet.

"We've been in a chronic situation here where supplies have not really caught up with demand," said Dave Costello, an analyst at the Energy Information Administration.

In response to higher energy costs, households are likely to spend less on restaurant meals, clothing and other items. That would slow economic growth in coming months, but economists predicted that other forces - like a continuing housing boom and rising corporate investments in factories and equipment - would keep the economy growing.

"I don't think we're talking about a recession or a near recession," said Joshua Shapiro, the chief United States economist at MFR, a research company in New York. "I think we're talking about growth that is slower than people expected."

Households are now spending about $550 billion a year on energy, up by about $150 billion since the start of last year, according to Global Insight. Over the course of an entire year, the increase would be equal to almost 2 percent of overall consumer spending.

Energy costs are likely to be a particular burden on low- and middle-income households, whose income growth has barely matched inflation over the last few years. Wealthier households have done better, government data show, and have helped keep economic growth healthy with spending on second homes, new vehicles and the like.

Although more forecasters, including Federal Reserve officials, remain optimistic, some say that the spike in energy costs could lead to something of a tipping point for consumers. Families have already begun saving less money in response to higher energy costs, and they might eventually decide to rethink other parts of their budget.

"The best leading indicator of consumer spending is real average hourly earnings," which have been hurt by higher energy costs, said Joseph H. Ellis, a former Goldman Sachs partner and the author of a forthcoming book on the business cycle. "I think we're heading into a very difficult 2006."

In Washington, two House committees are expected to consider proposals this week that have been blocked in the past by environmental objections. Beyond making it easier to build new refineries, one proposal would allow states to opt out of Congressional bans on coastal oil drilling, and another would allow drilling for oil and gas in the Arctic National Wildlife Refuge, which has been controversial for years.

"Families who are paying more than $3 for a gallon of gasoline cannot afford to watch Congress block more clean U.S. energy production while they suffer," said Representative Richard Pombo, Republican of California and chairman of the Resources Committee.

The oil and gas industry supported the moves. John B. Walker, chairman of the Independent Petroleum Association of American, said areas now off limits offshore and in Alaska "could supply our nation with more than 100 years of natural gas - and save U.S. consumers upward of $500 billion."

Environmental groups said drilling advocates were trying to take advantage of anxiety from the storms and rising gasoline prices to push proposals that did not survive in the recently passed energy bill.

"It is kind of sad," said Kevin Curtis, legislative director at the National Environmental Trust. "There is nothing here that helps the consumer at the gas pump short term."

While attention has been focused on gasoline prices, the spike in natural gas prices has the potential to pose a bigger economic threat.

Households that use natural gas will pay an average $1,130 to heat their homes this winter, an increase of almost $400, according to federal government estimates. The price of natural gas in futures markets has more than doubled since 2000 and is six times what it was throughout the 1990's.