FMCP Opposition Memo USTA

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    June 17, 2013 MEMORANDUM IN OPPOSITION TO AN ACT TO

    Alienate 0.68 acres of public parkland In Flushing Meadows - CoronaPark for the United States Tennis Association

    S5663/A7826 - by Senator "Rules" and Assembly Member Aubry.

    Save Flushing Meadows-Corona Park, a coalition of community-based civic and environmentalgroups opposed to the commercial encroachment of Flushing Meadows-Corona Park, and Queens

    Civic Congress, an organization devoted to the betterment of Queens that represents more than 100civic and other community organizations throughout the borough of Queens, opposes this bill.

    We are strongly committed to preserving and enhancing the flagship park of Queens and preventing itfrom further commercial development. Adoption of this bill will reaffirm that our parks are for sale.

    The proposed expansion of the US Tennis Center would permanently remove additional space thatshould serve as open space for us all and, most importantly, as a "backyard" space for hundreds ofthousands of working class residents of Corona, East Elmhurst, Jackson Heights, Flushing and manycommunities surrounding the park. The proposed expansion and reconfiguration will impact parkspace and roadways and right-of-way to access to the tennis center and local park features.

    There is absolutely no reason to approve the expansion other than to further enrich the USTA. Theyare not moving out and they can build on their existing foot print as they have repeatedlystated. They simply want a more "luxurious experience" for their fans. They made $ 275 million lastyear and yet gave the city only $ 2.5 million back while spreading millions of dollars in "profits" acrossthe nation.

    They stand to make hundreds of millions of dollars more from the expansion. This is about greedpure and simple. They are using our public lands as a cash cow.

    The USTA doubled its public parkland holdings in the 90's - going from 22 to 42 acres - but evidently

    even that was not enough. The proposed expansion would incorporate the 0.68 acre parcel with landalienated in the 90's for a total of nearly 1 acre.

    No one denies that the USTA is an important economic event for the city however our public parkland must not be sacrificed every time they or any other private business comes up with a plan togenerate more revenue. The USTA expansion in the 90's was supposed to be the finalencroachmentonce and for all. Furthermore the USTA has refused to commit itself to not requestingmore public parkland in the future. Will even more precious parkland go to private use?

    Tel.: 347-722-1872 Cell: 646-732-5784

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    It is the state's legal responsibility to protect our public parks, not give them away every time a privatebusiness comes up with a plan to generate more revenue. The approval of this bill would set adangerous precedent. Under the New York State Common law Public Trust Doctrine public parklandis required to be protected yet our parks are increasingly being used for private businesses. TheUSTA expansion is the first of three irresponsible commercial projects being proposed for theborough of Queens's flagship park.

    The irresponsible alienation of 25.3 acres of historic public park in the South Bronx and thepermanent loss of parkland to build Yankee stadium is a recent example. These are not publicworks projects but instead private businesses using their power to privatize public parks for their ownfinancial gain. This is terrible and irresponsible public policy.

    The USTA's rational for the expansion is to prevent top players from defecting to other venues likeDubai. That is NOT the role of public parklands. Tennis is wonderful, jobs are important but none ofthese are in jeopardy if you vote no.

    Phony Replacement Scheme DealThe applicants have misleadingly represented that inexchange for the 0.68-acre parcel, more than double this amount of land will be returned to the Citywithout stating that the public already has access to this parkland. In fact under the terms of theproposed new deal the USTA is allowed to have exclusive use of the public tennis courts for amaximum of 30 days as they have under the current arraignment.

    And when the USTA's National Tennis Center's COO Daniel Zausner was asked by a CommunityBoard 7 member if they were going to expand their public programs if they got the expansion, he saidno. He said, "you mean in addition to what we already provide, no."

    Transparency - The USTA wants city park land to expand but they refuse to put the proposal on linedespite repeated requests. Are they ashamed of their expansion plans?

    Destruction of Trees - The expansion of the USTC will also have a devastating effect on theenvironment of the park. The construction in and around the tennis center will require the removal or

    destruction of some four hundred trees. While USTC promises to relocate or replace as many treesas possible it is irresponsible to destroy perfectly good trees in the middle of their life cycle.

    Not Good Neighbors- Besides using the park as a parking lot during the US Open local immigrantsoccer groups were denied permits last year in order to accommodate the USTA.

    Congestion and Damage - The community is also concerned about traffic congestion, vehicleparking and further damage to parkland, grass, trees and park paths. Already, hundreds of cars arepermitted to park on the grass during the U.S. Open. But the proposed parking garage willaccommodate only a fraction of number of new vehicles generated by the expansion. Even morecars will park on the grass and displace even more space for picnicking and soccer games.

    The Ultimate Insult - The USTC has chosen Westchester as it headquarters, depriving Queens ofthe best, highest paying and year-round jobs. Why would the center headquarters not want to bevery close to its iconic center?

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    Destroying Public Parks In order to "Save Them"

    It is the state's legal responsibility to properly fund our public parks not private businesses. To addinsult to injury to date not a single word has been uttered regarding any amount the USTA is givingthe city in exchange for being allowed to expand. The Dept. of City Planning even voted yes on itwithout receiving this information despite being assured this would be worked out before thevote. But they never publicly followed up.

    The city continues to try and abdicate its responsibilities by entering in these agreements which theelected officials are not only allowing but actively encouraging. Each year our elected officialsallocate a fraction of the necessary funds needed to properly maintain, program and secure ourparks. And instead many officials have attempted to pass the responsibility off on private groups orconcessions.

    One City Council member is trying to create an Alliance - a non-profit that would divert concessionrevenue which by law is supposed to go to the City's general fund into the park. The plan wouldrely in large part on the private businesses that are exploiting the park. Negotiations are currentlyunderway with the Parks Department - agreeing to a deal that puts money into a park fund inexchange for a yes vote which would allow the USTA to expand will only encourage more businessestry and take our public parkland. It would also allow the very people whose job it is to properly fundand protect our public spaces off the hook. These deals only weaken communities and make iteaser for the next encroachment.

    There is a huge difference between receiving philanthropic contributions from civic minded peopleseeking nothing in return and establishing a fund explicitly created for extracting money frombusinesses exploiting the park.

    We are dedicated to the open and free public use of parkland. Flushing Meadows Corona Park is ahistoric space, which has been grossly under-resourced over many many decades. Iconic structuresfrom the two Worlds Fairs, like the New York State Pavilion, have been allowed to deteriorate. Hugearea open space have been given to private businesses with little benefit to Queens or the parksneighbors who must deal with the traffic, noise and congestion in addition to the loss of valuablerecreational space.

    We believe that the line must be drawn now on any further commercial use or development onFlushing Meadows Corona Park. Neighbors in Corona, Jackson Heights, East Elmhurst, Flushingand so many other surrounding communities demand and deserve this space and we stand by them.

    For these reasons, Save Flushing Meadows - Corona Park and Queens Civic Congress oppose thislegislation and urges its defeat.