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March

21, 2018

President and CEO Howard Zemsky
AYCDC Board Members
Empire State Development Corporation
633 Third Avenue
New York City, NY 10017


Dear President Zemsky and AYCDC board members,

Last March, AYCDC board members refused to renew the Environmental Monitor’s
contract for one year with an option to extend for one year, instead choosing to
renew for one year with instructions for the period to be used to engage the
community about their concerns related to the contract. To our knowledge, no such
outreach has taken place.

We are writing to ask the AYCDC board to extend the contract for HDR, the state’s
Environmental Monitor, for one year with the following conditions.

Resolution:

The contract for the environmental monitor is to be approved for one year with a
new modified contract starting June 1, 2019. The ESD will use the following process
and goals to modify the RFP for this new contract.

Process:

Make public all contracts and documents related to the scope of work of the
environmental monitor, owner’s representative, and the law firm Brian Cave. All
input that is given as part of this process is to be documented and made available to
the board and the public in writing with the filer identified as much as possible.

1. Within a reasonable timeframe, and with notice and on a schedule designed


to maximize participation, hold a public meeting for input into the RFP.
2. A draft RFP is to be developed and presented to the public at a second public
meeting in order to gather additional comments.
3. The RFP is then to be modified in relation to comments.
4. Any comments are to be responded to and released to the public.
5. Any comments and responses, and the modified RFP, are to be presented to
the AYCDC board for review and approval. The public will have the
opportunity to comment on the agenda item before the AYCDC board’s vote.
Goals:

Our goal is to adjust the project’s oversight from a ten year to a twenty or thirty year
construction project by eliminating any gaps in oversight, improving timely
response and coordination, and increasing project transparency and
accountability. Ongoing construction produces adverse impacts; addressing an
issue as it is unfolding, or resolving a repeating issue takes coordination between all
parties including state and local government as well as the parties that are
impacted. The state should use the period before issuing an RFP to modify its
oversight mechanism relative to the city’s so that any gaps are closed, and direct
interaction with the public is increased.

The RFP should be modified to:

• Adjust the environmental monitor’s scope of work to include problem


sources as identified during the community RFP input process.
• Create routine engagement between the environmental monitor and the
community on and near the project site.
• Lessen the ability of the contractors to anticipate the timing, location and/or
focus of the environmental monitor’s visits.
• Ensure site access is provided at the time it is requested, and improve
reporting, (e.g. document party, time, location and specific reason for
request), so that the extent the monitor has taken the opportunity to access
the site is publicly documented.
• Improve timely response, and any documentation of the duration of time
from the problem being identified to it being resolved.


We also believe the contracts of the Owner’s Representative and the Brian Cave law
firm are equally relevant to on the ground conditions and the successful delivery of
mitigations. We ask you to clarify at this meeting the timeframe of those contracts.
Those contracts should also be reviewed by the AYCDC as soon as is possible in
order to identify opportunities for improvements.

Sincerely yours,

Peter Krashes for

Barclays Center Impact Zone Alliance
www.bciza.wordpress.com

Dean Street Block Association, 6th Avenue to Vanderbilt
https://deanstreet11217.wordpress.com

cc: Governor Andrew Cuomo, Mayor Bill de Blasio, Public Advocate Letitia James,
Brooklyn Borough President Eric Adams, State Senator Velmanette Montgomery,
State Assemblymember Jo Anne Simon, State Assemblymember Walter Mosley, CB8
Chair Nizjoni Granville, City Council Member Laurie Cumbo, CB8 District Manager
Michelle George, CB2 Chair Shirley McRae, CB2 District Manager Robert Perris, CB6
Chairperson Sayar Lonial, CB6 Assistant District Manager Ty Beatty, NYC Mayor’s
CAU Brooklyn Borough Director Daniel Abramson