Testimony: Randalls Island Greenway and Bronx Kill

Randalls Island Greenway and Proposed Consolidated Edison Utility Crossings
over the Bronx Kill
What: Landmarks, Public Siting & Maritime Uses Committee, NYC Council
Where: City Hall
When: Monday 11 am January 26, 2009

Randall's Island Connector Project of the South Bronx Greenway
Opportunity for relocating utilities and restoring the navigability of the
Bronx Kill

For over a decade FoBP has led bike and walking tours and canoe and kayak
excursions at the locations under consideration and is committed to ensuring
that our Mott Haven, Melrose and Port Morris communities enjoy water access
and amenities.

The Randall¹s Island Connector Project of the South Bronx Greenway is an
important priority. We commend and appreciate the grassroots leadership of
Hunt¹s Point, especially The Point, with Sustainable South Bronx and others,
in working to ensure that this effort has been funded and moved towards
accomplishment. It is important that this pathway not be a dead end,
therefore we encourage all stakeholders to take a keen interest in making
sure that the 103rd Street Bridge to East Harlem is opened as soon as
possible.

The South Bronx Greenway master plan emerged from the Hunts Point Vision
Plan. Divided into three phases the master plan calls for the
implementation of a widespread series of projects even beyond the Hunts
Point residential and commercial area. To date, nearly $30 million is
secured for greenway related projects. Given this significant investment,
it is vital that we get the actual implementation right.

As most people involved in this project are aware, the natural route of the
vital greenway encounters existing Consolidated Edison utility
infrastructure. Friends of Brook Park legal counsel indicates that this
utility crossing is in violation of existing regulations pertaining to the
navigability of waterways and needs to be relocated. A

It is imperative that in addressing one environmental and open space in
justice, we do not thereby legitimize and perpetuate another one. We cannot
allow the Randall¹s Island Connector Project to be jeopardized by the lack
of cooperation from Consolidated Edison. They are proposing concurrent to
the Randalls Island Connector Project a large scale expansion of existing
utility infrastructure, thus providing the ideal opportunity to address at
one time all of the design and regulatory challenges facing the successful
outcome of the greenway.

That the existing cables obstruct the navigability of the Bronx Kill is not
disputed by any parties. It is clear that at some point, either regulatory
or judicial remedies will be leveraged to restore the navigation of this
waterway. At that point the costs and infringement on the then completed
greenway will be far more costly.

It is possible, because federal monies have been involved in this effort
that there might be a parallel resource for utility relocation. In fact,
Consolidated Edison¹s consultant on this matter, Parsons Brinckerhoff, is a
recipient of the Federal Highway Administration's (FHWA) 2007 Excellence in
Utility Relocation and Accommodation Awards having partnered with utility
companies to relocate or adjust their facilities. As a result, the utility
facilities were relocated within 6 months of the project notification,
reducing the project's overall cost and construction time. Their expertise
should be accessed.

In any case, it is well settled that ³utility companies, which have been
granted the Œprivilege¹ of laying their utilities and mains in the public
must relocate them at their own expense Œwhenever the public health, safety
or convenience requires the change to be made¹. Besides the issues of
navigation, even issues of aesthetics have been recognized by the court as
compelling the relocation of utility lines. Our elected officials must
demand that the relevant agencies work with Consolidated Edison in this
matter to preclude the need for litigation and compensatory mitigation that
could cause unncessary delays and higher costs.

This project is jeopardized and the fears of delays emerge only if
Consolidated Edison does not fulfill it¹s obligations. Given the appropriate
information and interest, we are confident that they will do the right
thing. They have a lot of investment in the area. Besides the recently
completed multi-acre substation in the South Bronx, they are beginning
construction of another power station on the north side of Randall¹s Island,
which will inevitably alienate park land from public use, so they will
surely want to offer the most mitigation possible.

The New York City Economic Development Corporation has the opportunity in
collaboration with the New York City Department of Parks and Recreation,
Randalls Island Sports Foundation, New York State Department of
Environmental Conservation, New York State Department of State, and the US
Army Corps of Engineers to compel Consolidated Edison to relocate the
utility crossings rather than rather than capitulate to them. We hope that
the City of New York will not have to rely on judicial remedies as it has in
the past and that Consolidated Edison will expeditiously comply with their
clear duties.

Some of the relevant guidelines and authorities are as follows:

City:
New York City Waterfront Revitalization Program
Reduce potential navigation hazards by minimizing obstruction in coastal
watersŠ

State:
Waterfront Revitalization of Coastal Areas and Inland Waterways
Assure public access to public trust lands and navigable waters.

Federal:
The US Army Corps of Engineers has historically managed navigation on
internal waterways in the United States, and the corps¹ civil works projects
have historically included removing obstacles from navigable waters.

Judicial:
The Supreme Court, Appellate Division, held that a utility which had to move
its lines could be required to place lines underground at its own expense

Greenways and Water Trails are natural compliments to each other, with
recreational and economic benefits that benefit the entire region. We are
confident that our elected officials will spearhead a creative collaboration
led by NYCEDC to ameliorate significant impacts and address longstanding
inequities with this unique opportunity.

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