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August 23, 2006
ESDC to Community: Talk to the hand...
This morning AM NY reported that "state officials rebuffed questions about the forum -- such as what time doors will open and how overflow will be handled -- by treating them as requests under the Freedom of Information laws."
We hardly believed it, until we read it for ourselves. Here's the skinny:
On Monday, Council of Brooklyn Neighborhoods Co-Chair Therese Urban sent an email to Jessica Copen, Director of Communications of the Empire State Development Corporation, asking several questions about today's public hearing and the purpose of and rules for the September 12 "community forum."
These questions weren't exactly hardball, mostly questions that Brooklynites and bloggers have been pondering aloud, i.e.: * What is a 'community forum'? * What is the difference between a 'commmunity forum' and a 'public hearing'? * At what time will the doors open? * Can you sign up to speak and then leave the building? (including for a telephone call or a smoke)
These are relatively benign questions, to which, one must assume, the ESDC and Forest City Ratner already have the answers (Forest City will conduct their own presentation at today's hearing).
Copen's response (emphasis added) illustrates the adversarial posture taken against the public by the State agency, which stands in stark contrast to their "collaborative" (their word, not ours) relationship with the developer:
We are handling this as a Freedom of Info request and will respond to you in the next couple of days.
Read the full text of the email exchange after the jump.
Lately the ESDC has managed to drag out FOIA requests for months, as in the case of the 622 Pacific Street demolitions.
From: Therese Urban (CBN co-chair) Subject: [cbneighborhoods] Attn: Jessica Copen, Questions on Community participation 8/23 and 9/12 Date: August 21, 2006 1:13:52 PM EDT To: atlanticyards@empire.state.ny.us
Ms. Copen:
I left a telephone message at the ESDC offices for you this morning, however I will follow up by email as it may be easier for you to get the answers to us.
We have some confidence in that you, as quoted spokesperson for the ESDC, are the right person to answer the following:
Given that we are still asking for, and just now receiving the first batch of, missing data and back up documentation from AKRF through your ESDC legal department Records Access Officer, isn't it appropriate for there to be an extension of time for the community's consultants to review the DEIS, and another Public Hearing be offered on this project?
Given that the ESDC now realizes that 9/12 is Election Day, isn't it appropriate that the ESDC change that date?
Also, given that a 'community forum' has no definition in the record, and carries no weight in the record, please tell the community 1. What is a 'community forum'? 2. What are the legal requirements for the ESDC to record and subsequently address the oral and written comments given at a 'community forum'? 3. What is the difference between a 'community forum' and a 'public hearing'?
Regarding the required Public Hearing 8/23:
1. At what time will the doors open?
2. At what time will sign up begin?
3. Can you sign up to speak and then leave the building? (including for a telephone call or a smoke)
4. What accommodations will be made for an overflow crowd of speakers?
5. Can you be signed up to speak by a representative, especially since most people are not home from work until 6:00PM?
6. Will the sign up sheet be closed to further names at some point?
7. If yes, what point?
8. What accommodations will be made for those who cannot sign up until they come home from work, and found the sign up list is closed?
9. Will the doors to the hearing be closed at some point?
10. If yes, at what point?
11. If yes, how will signed-up speakers access the building?
12. If all speakers can't speak, or all potential speakers can't get in to sign up, will there be a second hearing?
As you are well aware, we need these answers as soon as possible. Thank you for your prompt attention.
Sincerely,
Therese Urban
Co-chair, Council of Brooklyn Neighborhoods
On Monday, August 21, 2006, at 06:39 PM, Copen, Jessica wrote:
Hi Therese, I am a media spokesperson for ESDC and respond to press inquiries. I will make sure your questions are sent to the appropriate person, who will get back to you shortly.
Jessica
From: therese.urban Subject: [cbneighborhoods] Re: Questions about Atlantic Yards Date: August 22, 2006 10:50:30 AM EDT To: Jessica Copen
Ms. Copen:
Thank you for your response. Unfortunately it came after hours here, therefore only the lack of response was available for our community meeting last night.
As it is 10:45 AM today and I have not heard from 'the appropriate person' perhaps you could identify that person to me.
I'm sure you forwarded my email to that person, however our need for answers is pressing. Perhaps I will get a more timely response if I present my questions to him/her myself.
Therese Urban
Co-chair
Council of Brooklyn Neighborhoods
From: "Copen, Jessica"
Date: Tue Aug 22, 2006 2:28:46 PM America/New_York
To: "Therese Urban"
Subject: RE: Questions about Atlantic Yards
Dear Ms. Urban,
We are handling this as a Freedom of Info request and will respond to you in the next couple of days.
Jessica Copen
Director of Communications
Public Affairs
Empire State Development Corp.
Posted by lumi at August 23, 2006 9:53 AM