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	<title>Comments on: Is NYC&#8217;s &#8220;Sustainable Streets&#8221; Plan a Communist Plot?</title>
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	<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/</link>
	<description>Covering the New York City Streets Renaissance</description>
	<lastBuildDate>Mon, 23 Nov 2009 19:36:49 -0500</lastBuildDate>
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		<title>By: Andyp</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55821</link>
		<dc:creator>Andyp</dc:creator>
		<pubDate>Tue, 02 Sep 2008 16:54:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55821</guid>
		<description>I tried the Broadway bike lanes this past Saturday  at 6:45pm and found them rather full of people. I rode in the street rather than ask 2-6 people per block in the bike lane to move. A</description>
		<content:encoded><![CDATA[<p>I tried the Broadway bike lanes this past Saturday  at 6:45pm and found them rather full of people. I rode in the street rather than ask 2-6 people per block in the bike lane to move. A</p>
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		<title>By: Jeffrey Hymen</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55690</link>
		<dc:creator>Jeffrey Hymen</dc:creator>
		<pubDate>Wed, 27 Aug 2008 21:48:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55690</guid>
		<description>Okay, I&#039;m convinced.  In the end, I find DOT pretty good about presenting to community boards, even if they don&#039;t have to.  Granted, it&#039;s often a briefing on what is going to happen no matter what the community board may think.</description>
		<content:encoded><![CDATA[<p>Okay, I'm convinced.  In the end, I find DOT pretty good about presenting to community boards, even if they don't have to.  Granted, it's often a briefing on what is going to happen no matter what the community board may think.</p>
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		<title>By: Capitalist</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55688</link>
		<dc:creator>Capitalist</dc:creator>
		<pubDate>Wed, 27 Aug 2008 21:06:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55688</guid>
		<description>&quot; ... I believe these type of projects conform with the definition of capital project at the beginning of the Chapter 9 of the charter no matter how they are funded and, therefore, trigger the community board outreach &quot;requirements&quot; found elsewhere in the chapter. &quot;Requirements&quot; in quotes since there is nothing short of an Article 78 proceeding as a remedy if an agency chooses not to comply.&quot;

Here&#039;s the definition:

1. The term &quot;capital project&quot; shall mean:
(a) A project which provides for the construction, reconstruction,
acquisition or installation of a physical public betterment or
improvement which would be classified as a capital asset under generally
accepted accounting principles for municipalities or any preliminary
studies and surveys relative thereto or any underwriting or other costs
incurred in connection with the financing thereof.

A &quot;betterment&quot; is a durable improvement to a piece of property that improves its value.  No &quot;betterment&quot; here (though .  No capital asset was created.

(b) The acquisition of property of a permanent nature including wharf
property.

No property was acquired.

(c) The acquisition of any furnishings, machinery, apparatus or
equipment for any public betterment or improvement when such betterment
or improvement is first constructed or acquired.

No furnishings or equipment was acquired.

(d) Any public betterment involving either a physical improvement or
the acquisition of real property for a physical improvement consisting
in, including or affecting:
(1) Streets and parks;
(2) Bridges and tunnels;
(3) Receiving basins, inlets and sewers, including intercepting
sewers, plants or structures for the treatment, disposal or filtration
of sewage, including grit chambers, sewer tunnels and all necessary
accessories thereof; or

I&#039;m a pretty experienced student of bureaucratese, but I&#039;m stumped by this one.  &quot;[C]onsisting in&quot; renders it unparsable.  I&#039;m guessing that it&#039;s meant as a catch-all to describe work that qualifies as a durable improvement (and hence elligble for capital funding), but which would be hard to charactarize as a &quot;project,&quot; i.e., on-going programs that continously upgrade capital assets, such as street resurfacing, bridge painting, and certain types of water and sewer repairs.  

(4) The fencing of vacant lots and the filling of sunken lots.
Nope.
(e) Any other project allowed to be financed by the local finance law,
with the approval of the mayor and the comptroller.
In other words, something not included above that the mayor AND the comptroller agree is a capital project.  Negatory.
(f) Any combination of the above.  Negatory

I don&#039;t think anyone with any working knowledge of the City&#039;s capital project and budget processes would agree that these are capital projects.  These are maintenance efforts involving placement of easily (re)movable, consumable materials.  You can believe me or not on this, but I have a great deal of experience with determinations of what does and does not constitute a capital project.  Stripes and planters ain&#039;t capital projects.</description>
		<content:encoded><![CDATA[<p>" ... I believe these type of projects conform with the definition of capital project at the beginning of the Chapter 9 of the charter no matter how they are funded and, therefore, trigger the community board outreach "requirements" found elsewhere in the chapter. "Requirements" in quotes since there is nothing short of an Article 78 proceeding as a remedy if an agency chooses not to comply."</p>
<p>Here's the definition:</p>
<p>1. The term "capital project" shall mean:<br />
(a) A project which provides for the construction, reconstruction,<br />
acquisition or installation of a physical public betterment or<br />
improvement which would be classified as a capital asset under generally<br />
accepted accounting principles for municipalities or any preliminary<br />
studies and surveys relative thereto or any underwriting or other costs<br />
incurred in connection with the financing thereof.</p>
<p>A "betterment" is a durable improvement to a piece of property that improves its value.  No "betterment" here (though .  No capital asset was created.</p>
<p>(b) The acquisition of property of a permanent nature including wharf<br />
property.</p>
<p>No property was acquired.</p>
<p>(c) The acquisition of any furnishings, machinery, apparatus or<br />
equipment for any public betterment or improvement when such betterment<br />
or improvement is first constructed or acquired.</p>
<p>No furnishings or equipment was acquired.</p>
<p>(d) Any public betterment involving either a physical improvement or<br />
the acquisition of real property for a physical improvement consisting<br />
in, including or affecting:<br />
(1) Streets and parks;<br />
(2) Bridges and tunnels;<br />
(3) Receiving basins, inlets and sewers, including intercepting<br />
sewers, plants or structures for the treatment, disposal or filtration<br />
of sewage, including grit chambers, sewer tunnels and all necessary<br />
accessories thereof; or</p>
<p>I'm a pretty experienced student of bureaucratese, but I'm stumped by this one.  "[C]onsisting in" renders it unparsable.  I'm guessing that it's meant as a catch-all to describe work that qualifies as a durable improvement (and hence elligble for capital funding), but which would be hard to charactarize as a "project," i.e., on-going programs that continously upgrade capital assets, such as street resurfacing, bridge painting, and certain types of water and sewer repairs.  </p>
<p>(4) The fencing of vacant lots and the filling of sunken lots.<br />
Nope.<br />
(e) Any other project allowed to be financed by the local finance law,<br />
with the approval of the mayor and the comptroller.<br />
In other words, something not included above that the mayor AND the comptroller agree is a capital project.  Negatory.<br />
(f) Any combination of the above.  Negatory</p>
<p>I don't think anyone with any working knowledge of the City's capital project and budget processes would agree that these are capital projects.  These are maintenance efforts involving placement of easily (re)movable, consumable materials.  You can believe me or not on this, but I have a great deal of experience with determinations of what does and does not constitute a capital project.  Stripes and planters ain't capital projects.</p>
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		<title>By: Marty Barfowitz</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55680</link>
		<dc:creator>Marty Barfowitz</dc:creator>
		<pubDate>Wed, 27 Aug 2008 19:33:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55680</guid>
		<description>Jeffrey, you may be correct that, by the letter of the law, Broadway and some of these other DOT sustainable street pilots using temporary materials should be considered capital projects. But as a practical matter I am quite certain that DOT and other city agencies are not budgeting them or treating them as capital projects. Even still, if the issue came before a judge, I suspect the City could convincingly argue that putting tables and planters on the street, striping some Thermoplast and gluing down gravel doesn&#039;t qualify as a capital project given that the entire thing can be taken down and thrown away in about 72 hours for minimal cost.</description>
		<content:encoded><![CDATA[<p>Jeffrey, you may be correct that, by the letter of the law, Broadway and some of these other DOT sustainable street pilots using temporary materials should be considered capital projects. But as a practical matter I am quite certain that DOT and other city agencies are not budgeting them or treating them as capital projects. Even still, if the issue came before a judge, I suspect the City could convincingly argue that putting tables and planters on the street, striping some Thermoplast and gluing down gravel doesn't qualify as a capital project given that the entire thing can be taken down and thrown away in about 72 hours for minimal cost.</p>
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		<title>By: Andy B from Jersey</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55679</link>
		<dc:creator>Andy B from Jersey</dc:creator>
		<pubDate>Wed, 27 Aug 2008 19:30:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55679</guid>
		<description>Wow!  Talk about always having an ax to grind! 

Someone actually gets off their bureaucratic duff and gets something done in government and all of a sudden the media complains that they must be a communists.

Jeesh!!  Grow up!</description>
		<content:encoded><![CDATA[<p>Wow!  Talk about always having an ax to grind! </p>
<p>Someone actually gets off their bureaucratic duff and gets something done in government and all of a sudden the media complains that they must be a communists.</p>
<p>Jeesh!!  Grow up!</p>
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		<title>By: Jeffrey Hymen</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55677</link>
		<dc:creator>Jeffrey Hymen</dc:creator>
		<pubDate>Wed, 27 Aug 2008 19:12:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55677</guid>
		<description>Evan, I almost commented on that line too.  Thanks for doing so.

Marty, I believe these type of projects conform with the definition of capital project at the beginning of the Chapter 9 of the charter no matter how they are funded and, therefore, trigger the community board outreach &quot;requirements&quot; found elsewhere in the chapter.  &quot;Requirements&quot; in quotes since there is nothing short of an Article 78 proceeding as a remedy if an agency chooses not to comply.</description>
		<content:encoded><![CDATA[<p>Evan, I almost commented on that line too.  Thanks for doing so.</p>
<p>Marty, I believe these type of projects conform with the definition of capital project at the beginning of the Chapter 9 of the charter no matter how they are funded and, therefore, trigger the community board outreach "requirements" found elsewhere in the chapter.  "Requirements" in quotes since there is nothing short of an Article 78 proceeding as a remedy if an agency chooses not to comply.</p>
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		<title>By: E</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55672</link>
		<dc:creator>E</dc:creator>
		<pubDate>Wed, 27 Aug 2008 18:32:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55672</guid>
		<description>Apologies for being rather off-topic, but does anyone know whether there are any new north/south bike lanes in the works in the East Village and East Midtown -- in other words, something on the east side that akin to the 8th Ave/9th Ave combo?  If not, why not?  I&#039;m getting pretty envious of my west-side friends.... ;-)</description>
		<content:encoded><![CDATA[<p>Apologies for being rather off-topic, but does anyone know whether there are any new north/south bike lanes in the works in the East Village and East Midtown -- in other words, something on the east side that akin to the 8th Ave/9th Ave combo?  If not, why not?  I'm getting pretty envious of my west-side friends.... <img src='http://www.streetsblog.org/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
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		<title>By: Evan</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55670</link>
		<dc:creator>Evan</dc:creator>
		<pubDate>Wed, 27 Aug 2008 18:23:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55670</guid>
		<description>&quot;She is decidedly pro-bike and pro-pedestrian, and thus inherently anti-automobile.&quot;

Excuse me? Please explain to me how someone who proposes transportation equity for all users is necessarily anti-car.</description>
		<content:encoded><![CDATA[<p>"She is decidedly pro-bike and pro-pedestrian, and thus inherently anti-automobile."</p>
<p>Excuse me? Please explain to me how someone who proposes transportation equity for all users is necessarily anti-car.</p>
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		<title>By: Marty Barfowitz</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55662</link>
		<dc:creator>Marty Barfowitz</dc:creator>
		<pubDate>Wed, 27 Aug 2008 17:00:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55662</guid>
		<description>Jeffrey,

I don&#039;t think that&#039;s right. Chapter 9 of the NYC Charter is about capital projects. I&#039;m pretty certain that most of these new projects are coming out of DOT&#039;s operating budget. They&#039;re being done as quick and cheap proof-of-concept pilot projects. They are not being done as expensive, time-consuming capital projects involving DDEP moving manholes and sewer grates, DDC dragging its feet, and all the rest of the cumbersome capital project process.</description>
		<content:encoded><![CDATA[<p>Jeffrey,</p>
<p>I don't think that's right. Chapter 9 of the NYC Charter is about capital projects. I'm pretty certain that most of these new projects are coming out of DOT's operating budget. They're being done as quick and cheap proof-of-concept pilot projects. They are not being done as expensive, time-consuming capital projects involving DDEP moving manholes and sewer grates, DDC dragging its feet, and all the rest of the cumbersome capital project process.</p>
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		<title>By: Jeffrey Hymen</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55661</link>
		<dc:creator>Jeffrey Hymen</dc:creator>
		<pubDate>Wed, 27 Aug 2008 16:52:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55661</guid>
		<description>Pursuant to Chapter 9 of the New York City Charter, I believe the following statement is false: &quot;If the DOT wants to close down a lane of traffic and hand it over to pedestrians, for instance, it is not required even to notify the community board....&quot;</description>
		<content:encoded><![CDATA[<p>Pursuant to Chapter 9 of the New York City Charter, I believe the following statement is false: "If the DOT wants to close down a lane of traffic and hand it over to pedestrians, for instance, it is not required even to notify the community board...."</p>
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		<title>By: Max Rockatansky</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55660</link>
		<dc:creator>Max Rockatansky</dc:creator>
		<pubDate>Wed, 27 Aug 2008 16:15:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55660</guid>
		<description>The lack of permanency is troubling, it would be all too easy to turn back the clock. Friedman had an interesting piece in the NYTimes comparing China and US infrastructure - 

&lt;em&gt;The difference is starting to show. Just compare arriving at La Guardia’s dumpy terminal in New York City and driving through the crumbling infrastructure into Manhattan with arriving at Shanghai’s sleek airport and taking the 220-mile-per-hour magnetic levitation train, which uses electromagnetic propulsion instead of steel wheels and tracks, to get to town in a blink.&lt;/em&gt;

&lt;em&gt;Then ask yourself: Who is living in the third world country?&lt;/em&gt;

http://www.nytimes.com/2008/08/27/opinion/27friedman.html?em</description>
		<content:encoded><![CDATA[<p>The lack of permanency is troubling, it would be all too easy to turn back the clock. Friedman had an interesting piece in the NYTimes comparing China and US infrastructure - </p>
<p><em>The difference is starting to show. Just compare arriving at La Guardia’s dumpy terminal in New York City and driving through the crumbling infrastructure into Manhattan with arriving at Shanghai’s sleek airport and taking the 220-mile-per-hour magnetic levitation train, which uses electromagnetic propulsion instead of steel wheels and tracks, to get to town in a blink.</em></p>
<p><em>Then ask yourself: Who is living in the third world country?</em></p>
<p><a href="http://www.nytimes.com/2008/08/27/opinion/27friedman.html?em" rel="nofollow">http://www.nytimes.com/2008/08/27/opinion/27friedman.html?em</a></p>
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		<title>By: Susan Donovan</title>
		<link>http://www.streetsblog.org/2008/08/27/is-nycs-sustainable-streets-plan-a-communist-plot/comment-page-1/#comment-55659</link>
		<dc:creator>Susan Donovan</dc:creator>
		<pubDate>Wed, 27 Aug 2008 16:13:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.streetsblog.org/?p=4464#comment-55659</guid>
		<description>OK.... if sidewalks and bike lanes are &quot;communist&quot; then why aren&#039;t roads communist too? Highways area communist plot! .... sigh... I don&#039;t get it.

I&#039;m really nervous about the next mayoral election. I have not found a candidate that I really like yet.</description>
		<content:encoded><![CDATA[<p>OK.... if sidewalks and bike lanes are "communist" then why aren't roads communist too? Highways area communist plot! .... sigh... I don't get it.</p>
<p>I'm really nervous about the next mayoral election. I have not found a candidate that I really like yet.</p>
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