We share New Yorker’s grief over the passing of Mayor Edward I. Koch, but for us he will always be present. Here is what we wrote on his 88th birthday. We will be posting a special in memoriam post by Ross Sandler in the next few days.

Ross Sandler

The late Bernard Richland was Corporation Counsel when the City appealed the adverse 1975 New York Supreme Court decision in the Grand Central Terminal case. Federal Judge Nina Gershon wrote about Richland’s role in a memorial article about Richland in 2004. 48 N.Y.L. Sch. L. Rev. 411 (2004).

Gershon wrote that “there were some in the preservation community who questioned the city’s resolve to pursue, through appeal, the fight to preserve Grand Central Terminal as a landmark, after a devastating loss in the trial court, which had not only rejected, with derision, the findings of the Landmarks Preservation Commission regarding the significance of the Terminal but found that the designation of the Terminal as a landmark was unconstitutional; ominously, the trial court had also severed and kept open the request for damages for a ‘temporary taking.’ But when Bernie [Bernard Richland] became convinced of the merit of the city’s position, he did not stint in his support of the appeal.”

Zoning Therapy

For 34 years the City has required a special permit for physical culture or health establishments. This requirement burdens owners and operators of health clubs, gyms, spas and studios, even where such uses would otherwise be permitted as-of-right. With the elimination of the now-unlawful adult physical culture establishments, the purpose and usefulness of the remaining regulations place an unnecessary burden on legitimate small businesses and should be modified or eliminated entirely.

During the crime-ridden 1970s, regarded by some as the City’s nadir, the City Planning Commission enacted amendments to the Zoning Resolution distinguishing between “physical culture or health establishments” and “adult physical culture or health establishments.” As explained at the Commission’s public hearing, “zoning has proved to be the most effective tool in closing down houses of prostitution masquerading as massage parlors or physical culture establishments.” The Commission’s action, which followed a one year moratorium on physical culture or health establishments within the City, was approved by the Board of Estimate in early 1979.

Ross Sandler

Ed Koch celebrated his 88th birthday at a party/reunion held at Gracie Mansion on December 12, 2012. He is, as he says, still relevant. Ed Koch broadcasts his current opinions in regular blogs, movie reviews, political broadsides and letters. But if you really want to know Ed Koch, read his first two books, Mayor and Politics. Koch wrote Mayor shortly after losing his 1982 run for Governor against Mario Cuomo. Politics followed one year later. The two books present New York City politics with unforgettable characters, raw and revealing stories of politicians entertainingly told, and an insider’s view of a city experiencing a decline in population, a rise in crime, a city budget in crisis and a political establishment still expecting to whack up the municipal pie. Koch reveled in detailing these demands and, of course, his dominance over them.

Ross Sandler

Every four hours around the clock, beginning Tuesday, October 30, 2012, workers from every part of Consolidated Edison’s territory reported to senior management on the status, needs and plans to restore service to Con Edison customers. The reports came in to Con Edison’s Emergency Response Center set up in the nineteenth floor auditorium at Con Edison’s headquarters at 4 Irving Place.

The first reports were sketchy assessments: what was happening and where. As the storm receded, the terrible numbers started to come in. Midland Beach in Staten Island and Gerritsen Beach in Brooklyn were devastated. A storm surge knocked out the East River steam plant, caused an explosion at Manhattan’s 13th Street transmission station, and flooded office towers on Water Street. Trees downed wires all over Westchester County, blocking roads and preventing crews from getting through. Brighton Beach was flooded. Con Edison’s Manhattan workout locations were under water, but Con Edison’s vehicles were safe; Con Edison had removed them to the high ground of Union Square 24 hours before the storm hit.

There was steady, intense professionalism in the Emergency Response Center as the reports kept arriving. A Con Edison worker returning home from a twelve hour shift was robbed at gun point. A mutual aid crew working on a 13,000 volt overhead line failed to follow safety rules; they were sent home to North Carolina. Site safety became a concern, so Con Edison sent trained office workers to downed wire sites in the field. A gasoline shortage threatened to prevent workers from getting to work sites; tankers of gasoline were ordered. A work camp sleeping mutual aid crews was set up at Citi Field in Queens. A hush came over the Response Center when a dog was reported to have been electrocuted by a downed wire.

Eleven days after the storm, the video display in the Response Center charted a constant increase in restorations of power. Con Edison crews had restored electricity to 1,012,316 of the 1,054,972 customers blacked out by Sandy and the following Northeaster.

The extraordinary professionalism, preparation and dedication shown by Con Edison’s executives and by the 14,000 workers in the field were reflected in the successful restoration work. Later there will be investigations and reviews of performance as there should be. In the meantime, as this is written, the hard, house-by-house restoration work continues in the field.

Ross Sandler

On October 25, 2012, the City Council Land Use Committee voted in favor of both the West Harlem rezoning plan and the Chelsea Market expansion plan with modifications. (See CityLand’s past coverage here). The full City Council was originally expected to vote on these plans on October 30, 2012. However, Hurricane Sandy forced this vote to be delayed two full weeks.

Under the Uniform Land Use Review Procedure (ULURP), when City Council review is triggered, the Council has 50 days to act on an application approved by the City Planning Commission. If the Council does not modify the application, or does not disapprove of the application within that time period, the Council is deemed to have approved the decision of the City Planning Commission. On November 13, 2012, the City Council approved both plans with the modifications. Fortunately, this vote was held just before the 50-day review period was set to expire. What would have happened had Hurricane Sandy prevented the Council from modifying these plans?