CHAPTER 5: PUBLIC OUTREACH

CHAPTER 5: PUBLIC OUTREACH 5.1 INTRODUCTION This chapter describes public outreach activities undertaken to date by Metropolitan Transportation Authority (MTA) New York City Transit (NYCT) and MTA Capital Construction (MTA CC) in the planning of the Fulton Street Transit Center (FSTC). The regulatory context for public participation is discussed in Section 5.2. Details of the public outreach program that was initiated during the scoping phase of the project are included herein (Sections 5.3 and 5.4) and an explanation of the ongoing coordination with local, State, Regional and Federal agencies involved in the planning of the project is presented. 5.2 REGULATORY CONTEXT This Draft Environmental Impact Statement (DEIS) has been prepared in accordance with regulations for implementing the National Environmental Policy Act of 1969 (NEPA) as issued by the Federal Transit Administration (FTA) (49 C.F.R. 662 and 23 C.F.R. 771) in conformance with the regulations of the Council on Environmental Quality (CEQ) (40 C.F.R. 1500 1508). NEPA requires that Federal agencies evaluate the environmental consequences of proposed actions and their alternatives, identify measures to mitigate any significant adverse impacts and conduct the entire process in coordination with other agencies and the general public. In order for the FTA to approve and fund the construction of the FSTC, the project must comply with the public and agency coordination requirements of NEPA, and evidence of this compliance must be documented in the Environmental Impact Statement (EIS). In addition to NEPA, Section 106 of the National Historic Preservation Act of 1966 also contains provisions and requirements for public outreach activities. Executive Order 12898 also references effective public outreach as an important component of Federal decision-making related to environmental justice. In accordance with Federal guidelines, the public outreach program implemented for this project has and will continue to include early, proactive and ongoing efforts by NYCT and MTA CC. 5.3 PROJECT SCOPING PROCESS The environmental process for the FSTC project was officially initiated on April 3, 2003, when the FTA published a Notice of Intent (NOI) to prepare an EIS in the Federal Register (see Appendix P: Part I). The NOI was published in the New York Post, the Daily News, the Amsterdam News and El Diario. The NOI also invited the public to participate in the Project Scoping Process, including attendance at a Project Scoping Meeting. Scoping refers to the process for determining the scope of the issues to be addressed and for identifying the significant issues related to a proposed action (40 C.F.R. 1501.7). In addition, the NOI indicated the availability of a Scoping Information Packet (i.e., the Draft Scoping Document) on the MTA web site (http://www.mta.info). The general public and interest groups were also invited to participate in the Scoping Process via a variety of advertising and outreach mechanisms, including newspaper notices and the MTA s web site. In addition, Federal, State, Regional and local agencies were invited by letter to participate in the Scoping Process; each letter included a copy of the complete Draft Scoping Document for review in advance of the Scoping Meeting. The Draft Scoping Document provided an overview of the FSTC project and Scoping Process, as well as FTA and MTA s contact persons. The Draft Scoping Document also provided: the background of the Proposed Action; the Purpose and Need for the Proposed Action; a discussion of alternatives; a general analysis approach for assessing the impacts; a discussion of FTA procedures; and a summary of public and agency participation efforts to be implemented during the course of the project. 5-1

A formal Scoping Meeting was held on April 29, 2003 at the Alexander Hamilton U.S. Custom House at One Bowling Green in Lower Manhattan. The Scoping Meeting included a formal presentation by NYCT, followed by an opportunity for the public to provide comments on the scope of the issues to be addressed in the DEIS. An informal session staffed by MTA and NYCT personnel, and including poster boards providing project information, was held at the same location immediately prior to the formal Scoping Meeting. A total of 147 members of the general public, including public officials and agency staff, signed the attendance sheet at the Scoping Meeting and 19 of those participated by making statements for the record. Written comments on the Draft Scoping Document and the Proposed Action were accepted until May 13, 2003, 30 days after the release of the document. A total of 14 written comment letters were received during that period. Most of the comments, including those provided at the Scoping Meeting, expressed support for the FSTC. Some raised concerns regarding the treatment of cultural resources during the environmental review process and requested a detailed analysis of potentially historic buildings as part of the EIS. Specific comments were received in favor of the preservation of the Corbin Building, a National Register-eligible historic building located at 192 Broadway. Other comments related to the potential expansion of the existing subway network at Fulton Street by connecting it to other transportation modes and systems, such as the Port Authority Trans-Hudson (PATH) system, JFK International Airport and the proposed Second Avenue Subway (SAS). There were also additional comments regarding air quality, indirect and cumulative effects and noise. Comments received from the public, agencies and other interested parties were used to focus the analyses of potential environmental impacts presented in this DEIS. Formal written responses to the comments received are included in this DEIS in Appendix P: Part II, which includes a full summary of all comments received with responses. These documents are available to the public via the MTA web site at http://www.mta.info (click Inside the MTA, then Planning Studies, and then Fulton Street Transit Center ). 5.4 ONGOING PUBLIC PARTICIPATION PROCESS 5.4.1 GENERAL Public involvement has been sought via attendance at general public meetings and presentations to local civic and community groups and stakeholders in order to achieve full and comprehensive public participation in the planning of the FSTC. These meetings, which began with the Scoping Meeting discussed in Section 5.3, provide a way for citizens to receive information about the project, provide their opinions and contribute to the ongoing decision-making process (see Table 5-1). Every effort has been made to ensure that the widest possible range of public participants attend these meetings. Attendance has been, and will continue to be, encouraged through advertising and press releases. NYCT has been meeting with local groups such as Community Boards within the study area to explain the FSTC DEIS and solicit comments on the Proposed Action. The outreach efforts are ongoing and continuous to ensure that the public has ample opportunity to provide input into the process. As appropriate, target audiences include: 5-2

Table 5-1 Summary of Public Outreach Activities Date Organization/Meeting April 22, 2002 New York City Partnership May 8, 2002 Rockefeller Institute June 24, 2002 Citizen's Budget Commission August 21, 2002 Empire State Transportation Alliance September 25, 2002 NYC Bar Association November 21, 2002 Permanent Citizens Advisory Committee to the MTA November 22, 2002 Creative Cities Conference December 10, 2002 National Public Finance Conference February 10, 2003 Community Board #1 February 13, 2003 NYC Council Transportation Committee April 9, 2003 American Planning Association April 14, 2003 Technical Advisory Committee Meeting No. 1 April 29, 2003 Public Scoping Meeting June 11, 2003 Technical Advisory Committee Meeting No. 2 May 16, 2003 Congressmember Jerrold Nadler September 24, 2003 Technical Advisory Committee Meeting No. 3 October 9, 2003 Community Board #1 October 14, 2003 American Institute of Architects October 16, 2003 Business Owners and Managers Association October 19, 2003 Community Board #1 Manhattan October 29, 2003 Alliance for Downtown New York October 30, 2003 American Express November 21, 2003 Real Estate Board of New York November 25, 2003 Lower Manhattan Emergency Preservation Foundation, Municipal Arts Society, Landmarks Conservancy December 18, 2003 Technical Advisory Committee Meeting No. 4 February 4, 2004 Community Board # 1 Source: NYCT 2004. Elected officials; Community boards; Community-based organizations; Business Improvement Districts (BIDs); Residents of the study area and other concerned citizens; Schools, hospitals and other public and private institutions; Private professional, technical and business groups; and, Civic organizations and transit advocates. Meetings with many of the above groups have been held at each milestone of the project throughout the DEIS process. The public outreach program has encouraged dialogue among all interested parties throughout the FSTC planning and environmental review process. In addition to meeting NEPA requirements, the program is intended to set the stage for continued public and agency involvement beyond the EIS process. A mailing list related to the FSTC project was established from the outset and has been amended to include additional stakeholders and interested parties as they are identified. All names included on the mailing list will continue to be notified about future project information updates. Detailed discussions of the specific outreach activities utilized on this project are presented in the sections below. 5-3

5.4.2 TECHNICAL ADVISORY COMMITTEE MEETINGS AND AGENCY COORDINATION A Technical Advisory Committee (TAC) was established by NYCT as a forum to keep agencies informed about the FSTC project and to solicit input from agencies as the environmental analysis of the project progresses. TAC members contribute to the environmental review process by sharing technical expertise, presenting the interests and concerns of their organizations and assisting with the distribution of study information to their constituent groups. In addition to the role of the TAC as a whole, working groups including individual TAC members have been assembled to provide specific technical input in support of the environmental analyses. The TAC consists of representatives of all of the major transportation, environmental and planning agencies having planning and/or regulatory jurisdiction in Lower Manhattan, as well as local elected officials and City agencies and services. Specifically, the agencies that have been invited to participate with NYCT in the TAC include: U.S. Army Corps of Engineers; U.S. Environmental Protection Agency; New York State Department of Environmental Conservation; New York State Office of Parks, Recreation and Historic Preservation; New York State Department of Transportation; New York State Office of General Services; Empire State Development Corporation; Port Authority of New York and New Jersey; New York City Department of Environmental Protection; New York City Department of Transportation; New York City Economic Development Corporation; New York City Landmarks Preservation Commission; New York City Department of City Planning; New York City Mayor s Office; New York City Fire Department; New York City Police Department; and, Lower Manhattan Development Corporation. The TAC meetings incorporate technical presentations by the NYCT; discussions, comments and questions are encouraged throughout the presentations. This promotes continuous dialogue among the sponsoring agencies, consultant team and public agencies and representatives, supported by a timely response to and documentation of public concerns and recommendations. The first TAC meeting was held on April 14, 2003, with the primary purposes of establishing and identifying the responsibilities of the TAC and introducing the TAC agencies to the FSTC project in advance of the formal Scoping Meeting. The meeting began with an overview presentation of the project by the project team, followed by a question-and-answer session. Subsequent to the meeting, a list of attendees with their contact information was provided to TAC members. The second TAC meeting was held on June 11, 2003, with the primary purposes of updating the TAC agencies on the FSTC project and introducing NYCT s Environmental Performance Commitments (EPCs). An update on the working groups established for the FSTC was provided. Specifically, it was announced that a working group had been set up to focus on traffic issues and that working groups for air, noise and socioeconomic effects would be initiated in the near future. The Scoping Meeting was discussed and a presentation of the NYCT s Design for the Environment (DfE) and Construction for the Environment (CfE) guidelines was provided. The potential applicability of that concept to the FSTC was also discussed. Subsequent to this meeting, the minutes and a list of attendees, including contact information, were provided to TAC members. 5-4

The third TAC meeting was held on September 24th, 2003, with the primary purpose of informing the TAC agencies of the project alternatives. Minutes of the meeting and a list of all attendees and their contact information were provided to the attendees subsequent to the meeting. A fourth TAC meeting was held on Dec 18th, 2003, with the primary purpose of updating the TAC members with respect to recent project progress and NYCT s EPCs. In addition to the TAC meetings, working coordination sessions were held by NYCT with various stakeholders. These included sponsors of other Lower Manhattan Recovery Projects, such as Lower Manhattan Development Corporation (LMDC), Port Authority of New York and New Jersey (PANYNJ) and New York State Department of Transportation (NYSDOT), the New York Police Department (NYPD) and Fire Department of New York (FDNY) and public agencies such as the New York Historic Preservation Office (SHPO) and the New York City Landmarks Preservation Commission (LPC). Regular working sessions were also conducted with specific groups such as the Downtown Alliance, New York City Economic Development Corporation and New York City Department of Transportation (NYCDOT) to discuss a wide range of issues. These issues included EPCs, technical analysis methodologies, pedestrian circulation, economic development, street reconstruction, air quality, noise, cultural resources, safety and security, construction traffic coordination and access to local businesses. The technical methodologies and baseline data used for the environmental analyses in this DEIS reflect the conclusions and outcome of this coordination. Further advice from recognized experts in performing NEPA reviews for similarly complex projects was implemented through a peer-review of the Preliminary DEIS. The peer reviewers consisted of representatives from other major transit organizations (Boston, Chicago, Washington D.C.) and the Pennsylvania Department of Transportation (Penn DOT). 5.4.3 COMMUNITY BOARD COORDINATION Manhattan is divided into 12 Community Boards (CBs), each of which represents the interests and concerns of the local community and acts as a coordinator for the residents and employees located within its jurisdictional boundaries. Each CB serves to ensure that its community s needs are taken into account as part of the City s budget process, and provides input regarding actions requiring City approval. Each CB also forms committees to study special issues such as transportation, land use and/or historic resources. The FSTC project is located within the boundaries of Manhattan CB1 (Lower Manhattan), covering the area from the southern tip of the island to as far north as Canal and Baxter Streets (abutting CB3). During the DEIS process, NYCT held four (4) meetings with CB1. These meetings, held on February 10th, 2003, October 9, 2003, October 19 2003 and February 4, 2004, enabled CB1 to obtain information on the FSTC and provide input into the environmental review process. 5.4.4 INFORMATIONAL MATERIALS To help facilitate the public s participation in project planning, information is distributed to interested parties, community members and elected officials. These recipients are on a mailing list, which is continually updated to ensure that informational and notification materials are properly distributed. In addition to the above-stated informational materials distributed for this project, the outreach effort has included ongoing communication with the public on the MTA s web site located at http://www.mta.info (click Inside the MTA, then Planning Studies, and then Fulton Street Transit Center ). This web site is updated as new information regarding the project becomes available. 5-5

5.4.5 PUBLIC HEARING ON THE DEIS AND FEIS DEVELOPMENT PROCESS Upon completion of this DEIS a Notice of Availability (NOA) would be published in the Federal Register. This DEIS has been circulated to those agencies with jurisdiction by law, parties that have expressed an interest, either through the scoping process or in response to the NOA and other entities potentially affected by any of the alternatives. Copies of this DEIS have been made available for public review on the MTA website and at designated locations (CB1 office and the offices of local elected officials see Table 5-2) throughout the study area. A public hearing on the DEIS will be held to provide an opportunity for additional public input. The hearing record will remain open to receive public comments for no less than 45 days after the publication of the Notice of Availability. The hearing will be conducted in accordance with all NEPA requirements and will provide a formal opportunity for public and agency review of the FSTC. The hearing will include a presentation on the DEIS and receipt of public comments. To reach the widest possible audience, prior to the hearing notifications will be published in the Federal Register and will be placed in local and citywide newspapers, including those used for the earlier NOI and posted in local subway stations. A report will be prepared to summarize input received at the hearings, as well as to itemize issues or areas of concern that require follow-up and/or response. This will include comments received as testimony during the public hearing as well as those received in writing during the comment period. Responses will be prepared to address the comments received and will be made available to the agencies and the public as part of the Final EIS (FEIS) process. They will also be made available on the MTA s web site. Following the DEIS comment period, an FEIS document will be prepared. As appropriate, revisions to the project and/or DEIS document will be incorporated into the FEIS document as a result of the comments raised and the responses provided. The NOA of the FEIS will be published in the Federal Register and also in the same newspapers used for the NOI. The FEIS will identify the Preferred Alternative, mitigation measures that will be developed to minimize significant adverse impacts and EPCs to further minimize environmental effects associated with the implementation of the FSTC. The FTA may prepare a Record of Decision no sooner than 30 days after the publication of a NOA of the FEIS, stating FTA s basis for their decision on the Proposed Action. 5-6

Table 5-2 DEIS Viewing Sites Organization Contact Address City State Zip Assemblymember Silver's Office Ms. Lea Feng 250 Broadway Suite 2307 Community Board #1 - Manhattan Ms. Madelyn Wils 49-51 Chambers Street Room 715 Community Board #3 Manhattan District Manager 59 East 4 th Street New York NY 10003 New York City Comptroller William Thompson, Jr. 1 Centre Street Room 530 New York City Council Alan J. Gerson 51 Chambers Street Room. 429 New York City Public Advocate Betsy Gotbaum 1 Centre Street 15th Floor North New York State Senate Martin Connor 250 Broadway Suite 1930 New York State Assembly Sheldon Silver 250 Broadway Room 2307 Manhattan Borough President C. Virginia Fields Municipal Building 1 Centre Street - 19th Fl U.S. House of Representatives Staten Island Borough President U.S. House of Representatives New York City Council Community Board #1 Staten Island Federal Transit Administration Metropolitan Transportation Administration New York Public Library New Amsterdam Branch Source: NYCT, 2004. Jerrold L. Nadler James Molinaro Vito J. Fossella, Jr. Michael McMahon Mr. Joseph Carroll Donald Burns 201 Varick Street Suite 669 New York NY 10014 10 Richmond Terrace New York NY 10301 4434 Amboy Road New York NY 10312 126 Stuyvesant Place 6 th Floor 1 Edgewater Place Room 217 Lower Manhattan Recovery Office One Bowling Green Room 436 New York NY 10301 New York NY 10305 New York NY 10004 Doug Sussman 347 Madison Avenue New York NY 10017 Lynn Taylor 9 Murray Street 5-7

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