DEP Biweekly Reports Folder 0049, 2000-2001

NYC 9/11 Public Portal Document

Department of Environs Protection Executive Offices 59-17 Junction Boulevard-19th floor FF8 16 2000 Corona, New York 11368-5107 6 ~ D www.nyc.gov/dep Piro...-_ I)

Joel A. Miele Sr., P.E., Commissioner (718)595-6565 Fax #:(718)595-3525 E-mail: [email protected]

MEMORANDUM

To: Mayor Rudolph W. Giuliani

From: Commissioner Joel A. Miele Sr., P.E.

Re: Bi-weekly Report - February 2 to February 16, 2001

Date: February 16, 2001

Emerging Issues

Croton Water Filtration Plant The New York Court of Appeals, much to our dismay, ruled a ainst the Ci in a unanimous opinion concerning a ienation o par an a s olu golf course. The Court essentially decided t at approximately since the project would close down a portion of the surface of an Cortlandt Park for decision will create major 5 years, that in and of itself amounted to alienation of parkland. The difficulties, not only for the City but also for sister municipalities across the State. With respect to legislation the City, it will mean that we will either have to seek further judicial review, seek State approving the alienation at Van Cortlandt Park, look at alternative sites or reconsider our need for substantial the Croton system water. In any case, there will extensive delay and the possibility of penalties being imposed under the consent decree. With respect to the Ci and other munici alities, a park, t e decision calls into question whether an substantial public works project can be sited in even if it is entire y underground (e.g., sewer pipes, water mains, su ways, roa s, etc.), if it requires gii5tantiaI disturbance to the park operation and use for a 5 year or more period. d staff are also to review our options and I will be making recommendations on appropriate next steps. We reviewing other planned projects such as combined sewer overflows and tunnel shaft sites where our planning might have any park impacts to determine how we should proceed in each instance.

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NYC-WTC 000137967