A memo issued in 2017 by then-acting NYC Transit President Phil Eng highlights how Gov. Cuomo’s Subway Action Plan involved a significant increase in overtime. The governor is now attacking that overtime for uncertain ends.

When I wrote up some thoughts in advance of Friday’s “emergency” MTA Board meeting on time-and-attendance issues, I cast the blame for the MTA’s skyrocketing overtime costs on Gov. Andrew Cuomo’s shoulders. After all, it’s via his own Subway Action Plan that caps on overtime were lifted, and it’s via his own Subway Action Plan that management, based on a directive from the governor himself, is sparing no expense in repairing the subway.

Other than Larry Schwartz, Cuomo’s hand-picked MTA Board enforcer, very few people at the meeting on Friday seemed to disagree. What I didn’t quite expect was a pubic blow-up between the labor faction on the MTA Board and the Cuomo faction with the transportation professionals caught in the middle. What started out as a ill-advised stunt by Schwartz due to a few bad headlines that would have blown over in time has exploded into an all-out war of words between MTA labor unions and Cuomo’s handpicked MTA appointees. Set against the backdrop of looming labor negotiations, it’s tough to say how this boiling dispute will play out, but it seems clear that at least between labor and Larry Schwartz or labor and Pat Foye, battle lines have been drawn.

To recap briefly: The meeting started out as I expected it to. Schwartz, an MTA Board member since 2015 and head of the Finance Committee since September 2016, began with a laundry list of specific cases of egregious overtime going back to 2010 when Andrew Cuomo was New York’s Attorney General. Schwartz, as Finance Committee chair, receives overtime reports on a monthly basis and why he waited until headlines started rolling in to raise the issue is a good question. He ended his diatribe with a call for an independent outside assessment of MTA overtime practices, and nearly immediately he faced significant pushback. A few Board members seemed to nod to his his idea, but Polly Trottenberg, in particular, objected to more outside consultant-like spending. The union reps were apoplectic.

Vincent Tessitore, the LIRR labor rep, went first. You just pointed fingers at every single MTA worker our system,” he said, blaming management for requiring more overtime. “Do you think our workers want to stay overnight? No, and when they want to leave, they’re ordered to stay overnight…I’m embarrassed for this board right now…You can’t call the[ workers] out like that.”

Norman Brown pushed a similar line. “If you don’t want them to work overtime,” he said to Cuomo’s MTA Board reps, “then don’t ask them to work overtime…Who do you think are going to be responsible for implementing all the genius ideas the Deans of the Engineering Schools and Alix Partners comes up with?”

But John Samuelsen, the former head of TWU Local 100 and current president of TWU International, spared few words, calling the increase in overtime a “management problem.” To Schwartz he said, “You’ve been on the Board for four years. What have you been doing?”

If you’re so inclined, you can watch Samuelsen’s epic rant in full. He was livid. “This is all high theater. This is all nonsense,” he astutely summarized at one point.

The most telling bits from Samuelsen’s comments were on a proposal for the MTA to use biometric devices to track time and attendance: “We’re going to get overtime to maintain the biometric devices in a state of good repair, and you’re going to come back to the board and say ‘There’s fraud in overtime maintaining the biometric devices.'”

Finally, he shifted his attention to the Subway Action Plan — which MTA CFO Bob Foran, NYC Transit President Andy Byford and a slew of other MTA management types correctly fingered as the key driver of overtime increases over the past two years. “The MTA came to the TWU and asked the TWU to lift the overtime caps. The company needed so much work done that they came to us and bargained to remove the caps,” he said. To raise these issues now, he continued, “that’s outrageous. Do they even realize how outrageous this is?”

After these fireworks, the finger-pointing continued for a while, but the animosity in the room was palpable. Most MTA Board members seemed hesitant to embrace yet another consultant agreement, but after the Board meeting, Pat Foye sided with Larry Schwartz (i.e., Andrew Cuomo). “I support the MTA proceeding with retaining special counsel to conduct an investigation of the timekeeping and attendance systems of the MTA and overtime abuse. We owe the taxpayers and our customers an explanation of how some have abused the system and ensure it never happens again,” the new MTA CEO and Chair said in a statement.

TWU Local 100 President Tony Utano put out his own statement: “The MTA already spends hundreds of millions of dollars a year on outside consultants – more than $2.1 billion over the last five years! But Foye and Board Member Lawrence Schwartz will spare no expense blaming workers for their mismanagement. Workers don’t assign themselves overtime or write their own paychecks. Management does. Foye and Schwartz know that but are trying to pull of a Trump-like distraction. The MTA board should reject this farce of a proposal.”

Now, on the one hand, this is a lot of posturing, and the TWU made sure not to name Cuomo in their statements both during the Board meeting and in press releases over the weekend. After all, as recently as September, the TWU and Cuomo were buddy-buddy with the union providing a lot of support for the governor in his primary fight, and as recently as a few weeks ago, the TWU was instrumental in supporting Cuomo’s congestion pricing push.

Could the relationship have soured this quickly through a few missteps by Cuomo’s guys atop the MTA? It’s possible it could have. The press around overtime spending has been clear to point out that Cuomo approved the LIRR labor contracts that led to a few examples of egregious overtime use and that Cuomo pushed the Subway Action Plan. Cuomo can’t hide from those headlines, but he may use them to foist concessions on the unions during negotiations this year. Or he may be using Schwartz and Foye as fall guys so he can ride to the rescue with the promise of labor peace. It’s happened that way before, though Cuomo’s comments on Sunday during which he accused workers of theft and fraud crosses a line the governor hasn’t crossed before.

The main problems as I see it now are two-fold. First, Cuomo, via Larry Schwartz, has torpedoed morale among the rank-and-file at the MTA. Morale had already been low for a variety of reasons, including Cuomo’s heavy-handed management style, but now his hand-picked Board members are painting a workforce of tens of thousands in broad brush strokes thanks in part to a de minimis number of bad apples. In fact, Foye identified only five cases of outright fraud concerning overtime, which is notable for agency with over 74,000 employees.

The second main problem concerns overtime reform itself. The MTA needs overtime reform. The agency relies too heavily on overtime for too much work, and management doesn’t have a good handle on controlling overtime or rationing it properly. Overtime accounting — which working hours count for OT — often means that weekends, which is when most work needs to happen, count for overtime from the get-go, and thus, a 55-hour weekend work period means overtime pay for every single worker involved in the weekend shifts. Thus, overtime just grows and grows and grows. (For a very deep dive on the need to reform overtime and the roles both management and labor can play in that reform effort, I urge you to read this post published Sunday from The LIRR Today.)

Ultimately, what we saw on Friday shouldn’t have been allowed to happen. It was a careless move, thoughtlessly executed by Larry Schwartz, and one that throw a bomb into the already-delicate relationship between the MTA Board and labor with management left to pick up the pieces (and, as the agency heads did, mend fences with the rank-and-file). This isn’t reform by any means, and if this scorched-Earth approach is one that Cuomo plans to take with no regard for outcome or process, things may only get messier before someone serious about MTA reform takes over.

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When Andrew Cuomo wants results, things in New York tend to happen quickly. Case in point: MTA overtime spending and, in particular, the LIRR.

The Long Island Rail Road’s overtime spending issues have been a low-level concern for quite a well. Due to various work rules and pension calculations, overtime accrual can benefit workers in retirement, and Gov. Cuomo, who has pressured the MTA to sign off on labor agreements without management-suggested reforms that would combat high overtime costs, has grown tired of bad headlines about overtime payments. The Post recently reported on one LIRR worker who earned over $300,000 last year due, in part by logging over 3800 overtime hours, and the LIRR’s overtime costs have outpaced inflation over the past six years.

And so, Larry Schwartz, Cuomo’s right-hand man and the chair of the MTA Board’s Finance Committee since September of 2016, suggested an emergency meeting. Since Schwartz is Cuomo’s direct proxy, when he says jump, the MTA asks, “How high?” The emergency meeting will be at held at 4 p.m. this Friday afternoon. MTA CEO and Chairman Pat Foye issued a statement on the meeting when it was announced late Wednesday: “The issues of excessive overtime and the inadequacy of the MTA time and attendance systems must be addressed, which is why last week I ordered an immediate investigation into these matters and why I am convening a special Board meeting on this issue this coming Friday. Overtime is an important and useful tool as we urgently seek to modernize our entire system but we must be sure it is being used effectively, accurately and appropriately.”

Now, general overtime spending and the LIRR time-and-attendance concerns are two separate issues. The LIRR issues The Post was willing to put firmly on Cuomo’s shoulders:

Gov. Andrew Cuomo, who controls the MTA, helped renegotiate the [LIRR labor] deal in 2014, averting a looming strike. That contract was renewed in 2016 with minimal changes, delaying any talks of serious reforms until last week, when that agreement expired, sources say. In 2014, Cuomo was happy to accept praise for stepping in to help hash out the contract over a seafood lunch in Midtown, with a subsequent MTA press release celebrating his role in the deal…But when asked on Thursday how he would ensure the next contract curbed overtime costs, Cuomo claimed he had no power to slam the brakes on the off-the-rails spending in a new deal…

In the 2014 contract, LIRR brass were seeking reforms to curtail payroll and overtime costs…Among them: scrapping the system that gives people with the most seniority first dibs on overtime and instead equalizing it among all employees based on attendance and overtime already worked, according to a federal report into the contract dispute. Other proposed measures included changing some double-time payments to time-and-a-half and eliminating extra pay given to conductors when they work on both a passenger and freight train in the same shift. None of the reforms was made, according to an MTA source.

If this sounds like a leader attempting to have his cake and eat it too, that’s because it is, and it’s a prime example of why good governance groups are skeptical of Cuomo’s faux-reform efforts. More on that shortly. Melissa DeRosa, a top Cuomo aide, also sent a strident letter to MTA officials, bemoaning how “abuses in the attendance system demonstrate again that basic management control is lacking.” She has not — and will not — acknowledge how these “abuses” were essentially baked into the system when Cuomo approved the 2014 labor deals.

In the lead-up to today’s “emergency” Board meeting, the MTA first sicced its police force on LIRR workers, alleging that cops would enforce time-and-attendance practices. This drew an immediate backlash from the TWU, and the MTA hastily retreated on this Pinkerton-esque approach. Never mind that the MTA’s cops are among the most egregious abusers of overtime. We’ll see where enforcement goes after today’s meeting.

Meanwhile, back to “normal” overtime spending, a separate issue from LIRR bookkeeping. Here’s a quick snapshot of the MTA’s planned overtime spending and actuals with the total adjusted for inflation set to 2018 dollars during Andrew Cuomo’s entire tenure as governor (which coincides with his entire tenure as being responsible for the MTA). Figures are in “millions.”

As you can see, the MTA is consistently blowing past its overtime budgets, but the problem has seemingly increased significantly in 2017 and 2018. Last year, in fact, that MTA blew past its initial overtime estimates by $400 million. Why? Well, MTA Board materials point the biggest fingers at overtime spending due to Andrew Cuomo’s very own Subway Action Plan. His Emergency Order sets the stage for the MTA to spend without certain budget controls, and the governor’s demands that the MTA realize the goals of his Subway Action Plan have led to a steep increase in overtime spending. In both 2017 and 2019, the Subway Action Plan was one of the key drivers. Here’s what New York City Transit had to say in its Board materials: “Higher overtime expenses of $218.9 million (47.0 percent) were essentially driven by track, signals infrastructure, station maintenance and car equipment requirements, including Subway Action Plan (SAP) initiatives.” (The reports on 2017 expenditures said essentially the same thing regarding overtime and the Subway Action Plan.)

Will today’s emergency Board meeting focus on how Cuomo’s own initiatives are forcing the MTA to rely on increased overtime spending? I wouldn’t hold my breath. After all, Schwartz, the Cuomo confidante who called for this Board meeting, has been in charge of the Finance Committee since 2016 and has been receiving these OT reports monthly since then. Is he blaming the MTA for his own oversight failures? Why hasn’t Schwartz been aggressive in attacking overtime since he began serving on the Board when, as the chart shows, it was already clear the MTA couldn’t project or control overtime costs? It’s hard sometimes to look in the mirror.

Good governance group Reinvent Albany is equally skeptical. They called today’s meeting “political theater” and pointed to three key facts about overtime spending:

1. The Governor controls the day to day operations of the MTA via his ability to hire and fire the CEO of the MTA Patrick Foye. The CEO hires and fires the MTA agency presidents, including the president of the Long Island Rail Road (LIRR).

2. The MTA Board has no say over the day-to-day operations of the MTA and no involvement in day-to-day authorization or tracking of overtime.

3. There is no sudden overtime “emergency.” MTA management asks employees to perform overtime, all overtime is either at behest of management or approved in advance, and is carefully tracked. The MTA board and senior staff have frequently discussed overtime at MTA board meetings. There is no new information about overtime, just public embarrassment to the Governor and MTA caused by press coverage. Further, no public materials or agenda have been released for today’s meeting, showing that this response is being rushed and will not be a serious review.

I’ll give the final words to Reinvent Albany Executive Director John Kaehny: “The public will not trust the MTA until the Governor and his appointees acknowledge simple truths and stop with the political theater. The Governor controls the MTA through the CEO he hires and fires. Today’s ’emergency’ board meeting about overtime is a reaction to press coverage, not new information. MTA and LIRR management completely control the overtime process and know exactly what is going on. They ask employees to do overtime and track it carefully. What’s really going on is that the MTA hiring freeze and management pay freeze are creating dysfunction and shortages of skilled workers that are aggravated by work rules.”

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Speaker Corey Johnson laid out the case for municipal control of transit in March.

It’s been a little over two months since Corey Johnson unveiled his sweeping plan for city control of the subways and buses, and I want to revisit Johnson’s ideas and the reaction to his plan. The intervening weeks have been busy ones for transit in New York City, first with congestion pricing and Cuomo’s ramming his quasi-reform plan through Albany and recently with L train not-a-shutdown work and recent fare hikes. It is of course never a quiet day for transit news in New York City, but Johnson’s proposal simmers in the background, gaining traction in wonkish circles and awaiting his eventual mayoral campaign.

Yet, despite the prominence of the plan and the audacity of it, neither the mayor nor the governor have latched onto the idea. Now, I don’t expect the city to gain control of its transit network without a protracted negotiation with the state, and Bill de Blasio isn’t in a position to call for city control of transit at a time when the governor is begrudgingly owning leading the way out of the MTA’s current crisis. But their silence speaks loudly. Cuomo, as far as I can tell, addressed the plan once in an interview with the obsequious Alan Chartock on Northeast Public Radio’s WAMC, and the Mayor has said next to nothing.

Meanwhile, shortly after the City Council Speaker unveiled his proposal, he joined me on my podcast to discuss his thinking and the whys and wherefores of it all, and a few days later, Polly Trottenberg, DOT Commissioner and MTA Board member, joined Ben Max for an appearance on Gotham Gazette’s What’s the [Data] Point? podcast. It’s worth delving into their various responses to see how the governor in Albany, the City Council Speaker, and the long-serving DOT Commissioner view their various roles in shaping the region’s transportation landscape.

On Chartock’s roundtable, Cuomo reacts dismissively

Let’s start with Cuomo. He’s the one currently in charge of the MTA, and even if he’s too busy fighting with the guy he brought into clean up the mess, the mess is his. On the one hand, you may think Cuomo would latch onto Johnson’s proposal as a way to rid himself of a pesky political liability, but this is Andrew M. Cuomo we’re talking about. During his only public comments on the Speaker’s proposal, delivered during a media segment with his good buddy Alan Chartock, Cuomo was dismissive. You can listen here, and the exchange follows:

Chartock: I was fascinated this morning when I read the New York City Council Speaker Corey Johnson has a plan to have the city take charge of the subways. Now let’s face it. Corey Johnson has risen to be Speaker of the City Council. He’s term-limited. I’m sure he’d love to be mayor and so now he’s saying the mayor should be that guy on the subway. So that’s not surprising I suppose. And it would take away control of the subways from the MTA and give it to the mayor. What do you think?

Cuomo: First of all, The New York Times loves to write stories; they’re sometimes loose with the facts. (Chartock chuckles.) New York City owns the subway system today; they lease it to the MTA. The lease can be canceled on one year’s notice. Just cancel the lease. You don’t have to take it over; you own it. Just cancel the MTA lease. All the hiring is done through the New York City civil service system. Why hasn’t a mayor taken it over? There are about 10 billion reasons, and that’s the 10 billion dollars the state gives to the MTA, primarily New York City Transit Authority, between operating and capital. If New York City took it over, they take it over. They don’t get the 10 billion in state funding.

Chartock: Well, why won’t they? They’ll say “Come on, governor. It’s not your money. It’s the taxpayer’s money. So give us the ten billion, and we’ll have the mayor run this thing, just like we do on education.”

Cuomo: No, you own it. It’s yours, you pay for it. God less you. (Chartock chuckles again.) Look, we fund Buffalo transit, Rochester transit, Albany transit. We don’t subsidize a local transit system or a regional transit system anywhere in this state to the tune of what we do with New York City because it’s the MTA and the state has participation. If you want to own, it’s yours. God Bless America.

Chartock: Well let me just pursue that, if I may sir, a little bit. Let me say, you have spoken in the past about the advantage of some sole responsible agent for these things and then you hold them responsible. New York City, for example, you gave that power to the mayor to fix the education system and you took that power away from the Board of Education that was moribund and everything else. Why wouldn’t that work here?

Cuomo: Yes, but New York City education is primarily funded by New York City. The state provides assistance the way they do with every local school district but it’s primarily funded by New York City. You want to take over the city subway system and you want to pay for the New York City subway system, God bless you. You want the state to take it over, and by the way, the state pays the lion’s share of the funding. Last capital plan, we paid $8 billion, the city paid $2 billion, because it’s a state agency. But if you want to take it over and you want to pay, that’s an option. And by the way, you don’t need state approval. Just call up the MTA today and say,” we’re canceling the lease, here’s your one-year notice.” (Chartock chuckles.) And then pay the bill.

Cuomo’s derision nearly speaks for itself, and it’s worse when you hear the half-informed contempt in his voice drip trough the audio. Johnson’s proposal discusses ways to reallocate the funds, ways to ensure regional transit is supported and ways to remove Albany from the equation. Cuomo doesn’t engage with the substance, and it’s not clear he even read the report before parrying with Chartock. I found this reaction quite unsatisfying and almost juvenile. Cuomo is in a position to be governor of New York state for as long as he wants, and it would behoove him to understand why local control of transit would be best for the state, best for the city and best for him.

Johnson discusses the philosophy behind his plan

Needless to say, during our conversation about his plan, Corey Johnson had more thoughtful things to say than the governor did in response. Calling for the buses or subways to come back under city control isn’t a new idea, and it’s one that sort of failed the first time around. So I wanted to understand from Johnson why this plan and why now. He spoke at length, as both a transit rider and policy leader, on the need to rethink transit governance:

This is the first time that an elected official with some level of prominence has decided not just to talk about it in a soundbite-like way, a one-off, two-off way, but to actually present a real plan that could be dissected, that could be modified, that could be added to…. We are in a crisis, and the crisis that we’re in stems from years of disinvestment, years of bad management, and also a lack of creativity on figuring out how to have a 22nd century mass transit system in New York City.

The reason why New York’s economy has grown decade after decade after decade is because of mass transit, is because of our subways and buses. If we want to continue to grow, if we want to be a center for economic activity and a lifeblood for the entire region, we need a mass transit system that works, and the current structure at the MTA is a system that was set up to deflect accountability.

We’re saying is there’s a better way to do this. There’s not just a better way to do it because of the day-to-day issues that riders face; there’s a better way to do it to actually be able to grow the system and expand the system, be creative with the system and do all sorts of things that other cities in Europe and around the United States have been able to do.

Johnson’s plan isn’t a simple cancellation of the lease, as much as Cuomo would like to rid himself of a problem that way. Rather, it involves rethinking governance to add a mobility czar in charge of subways, buses and streets, and then integrate planning and leadership across all of the ways New Yorkers use to travel around the city. It is not, Johnson said, “just looking at these things in their own silos, but actually saying how do you integrate subways and buses and bikes and pedestrians and safe and livable streets in a way that works for the entire city in a master plan-like way, not piecemeal, not one-off.”

No governor is going to choose New York City over the rest of the state. It’s not going to happen. But every mayor is going to have to ensure that the subways and buses run properly.

I don’t want to get too into the weeds on Johnson’s statements to me. After all, you can listen to the full interview, but I do want to look at Johnson’s approach and his reaction to the governor’s statements. In our discussions, the City Council Speaker mentioned Chicago and Los Angeles as examples of areas where mayoral control has led to more holistic planning, and he spoke about Andy Byford’s experiences in London, Sydney and Toronto. “We’re not creating something that no one’s ever done before, he said. “We’re modeling this idea off of what we’ve seen work in other places where you can have greater accountability, the flexibility to try new things, do new things, expand service.”

And what, I asked him, of Gov. Cuomo. Is this about him? After a long, pregnant pause, Johnson spoke. “Even if our current governor was not the governor,” he said. “I still think this would be the right proposal and right plan, and he is not the first governor that has been in charge of the MTA where things have not gone well for the public. Governor Pataki did all sorts of irresponsible things as it related to diverting MTA funding and not investing in the system in a way that was meaningful. So it’s not really about any governor, it’s not really about any mayor, it’s just about setting up a system that works for whoever the governor is and whoever the mayor is. No governor is going to choose New York City over the rest of the state. It’s not going to happen. But every mayor is going to have to ensure that the subways and buses run properly.”

I think about those last few sentences frequently as it seems to get to the crux of Johnson’s argument for local control. The governor won’t side with New York City for political reasons, but the mayor has to answer for local concerns. Johnson elaborated a bit when I pushed him more on Cuomo’s dismissive reaction:

I want to work with the governor, and the way to get things done in a way that benefits the 8.6 million people who live in New York City is to not have a public tit for tat with the governor.

New York City is a city that gives more to the state than we get back. And so there is a symbiotic relationship that exists between New York City and the state. The state funds plenty of programs that they don’t have direct authority and control over and you could work in safety valves where if things were not going well under this new authority, the state could intervene and take control in an emergency, if you had a fiscal crisis again, if you had a mayor that wasn’t doing well and it was screwing up the regional economy…To actually talk about those things, you actually have to have a substantive, thoughtful, comprehensive granular conversation on the details of it.

…When he’s gone, when we have a different governor and a different mayor and when the good times are here and when the bad times come, the system is set up to deflect accountability, to put a lid on creativity, to have any talk about expansion, to have accountability on a day-to-day basis, and that is not a good thing. So it has to be de-personalized. It can’t be about Andrew Cuomo, it can’t be about Bill de Blasio, it can’t be about Corey Johnson. It has to be about what is best for the governance and accountability for the future of New York City 20 years from now, 50 years from now, a century from now. That’s the type of planning that we need to do. That’s the planning that government typically doesn’t do. We do it on electoral cycles, every four years, and that’s what we need to move away from.

At the least, Corey Johnson is thinking on a far deeper level about the theoretical models for control and growth while Gov. Cuomo hasn’t shown the willingness to engage yet. Hopefully, he can get there. But there is a third party involved in this discussion, and to that end, let’s turn to Polly Trottenberg’s comments.

A non-committal response from the NYC DOT Commissioner (and MTA Board Member)

Polly Trottenberg spoke of the city’s role with regards to the MTA in a recent Gotham Gazette interview.

Shortly after I interviewed Corey Johnson, Polly Trottenberg made her appearance on Gotham Gazette’s What’s the [Data] Point? podcast, and the conversation was a good one. I’ve been critical of Trottenberg’s boss for dragging his — and the city’s — feet on street space prioritization, and I wonder if a stronger DOT commissioner could force the mayor’s hand more frequently. But Trottenberg hit the right notes.

“We’re certainly looking to reduce auto usage in the city and particularly to provide alternatives,” she said in response to a question about the city’s current plan. “Providing alternatives is what we very much focused on. If you want to get people out of their cars, you have to have good subway service, you have to have good bus service, you have to have safe protected bike lanes. What we see in New York is that when there’s good bus and subway service, people get out of their cars. When the MTA added those few subway stops on Second Avenue, we saw a real drop in traffic on the Upper East Side When you provide the alternatives people take them.”

Trottenberg’s words ring true: When the city makes alternatives available, people use them. After all, car owners are in the minority in New York and those who feel they have to drive are more than willing to leave their cars at home as soon as a better alternative comes around. But, as Trottenberg noted, “we have stopped growing out our subway system.”

She set an aggressive goal of three new stations per year. “Given the growth and economic dynamist of New York City, we should be opening three subway stops every year,” she said. “That’s the pace, if not faster. That’s how London and Paris and other big global cities are growing out their systems.”

Why New York isn’t building subway stations at that pace is the big question. We know work costs too much; we know work takes too long; we also know there isn’t an impetus from Albany to address these problems. So what then does Trottenberg, a high-ranking city official in an administration that hasn’t exactly embraced Johnson’s call, think of the Speaker’s plan for city control of transit? She danced around the question in her podcast appearance:

They’re certainly ambitious…We are a city that’s very consultive. We have our local elected officials, we have our state elected officals, and lots of folks get interested in these projects…Transportation projects are keenly felt by people in their daily lives. I don’t want to pretend it’s not a big deal when we put in a bus or bike lane or really make radical changes in the street. People feel deeply about that stuff for it and against it…

I think there’s no question we have a great leader in Andy Byford. I think we have to give him the resources and support he needs for what is clearly starting to be a real turnaround for the subway system…I do think the MTA board is a non-transparent and not particularly transparent construct. I think the city has a role to play. We are a big investor in the MTA. It most directly impacts the lives of our citizens, and I’d like to see the city’s priorities really considered and be more a part of what the MTA is focused on.

When it comes to the MTA, the governance questions are a lot deeper than just the board…You really need to take a deeper look at how the whole capital plan comes together, the role of our legislature, the business community…By the time you get to the board the process is sort of cooked. I’d like to see the MTA and city leading up more closely to whatever happens on Board day.

I wouldn’t expect Trottenberg to embrace a politically controversial plan from the outset, but that’s a non-answer if ever there was one.

So where does this leave everything? I hesitate to say battle lines are being drawn because they’re not yet and probably won’t be unless and until Johnson’s plan becomes the centerpiece of an ongoing policy discussion or mayoral campaign. But it’s clear that the current term-limited administration is content to sit this one out while the governor will take his typical “not my idea” approach to someone else’s good idea. That is, he’ll deride it on principle without engaging on substance until it becomes politically expedient for him to shift his tone.

And that’s where things will stand. It’s likely the best and perhaps only way to truly fix the MTA and take control of our transit future will be city control of the buses and subways. The path from here to there, while clearer today than it was before March, remains muddled with countless games of politics yet to unfold.

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Apr
28

Following budget approval, can Andy C. coexist with Andy B.?

By · Published on April 28, 2019 · Comments (9) ·

Andy Byford spent Friday evening helping passengers with L train-related travel queries. Can the governor coexist with a strong NYC Transit head? (Photo: Marc A. Hermann / MTA New York City Transit)

Few people in the New York City transit space really trust Gov. Andrew Cuomo. Sure, he delivered on his promise to shepherd congestion pricing through the legislature, but his top-down approach on setting priorities and moving mountains only for his whims leaves much to be desired. He orders those he controls to do his bidding, and he doesn’t like to listen to other ideas from people who may know better. Hence, a fixation on ultra wideband communications technology, last-minute meddling on the L train plans and a backwards Laguardia AirTrain, among many other problems.

Cuomo’s problem seems to stem from one of ego and arrogance. When faced with the reality that he is in charge of something — in the MTA’s case, a position he was dragged to kicking and screaming — Cuomo wants all the credit and none of the blame. The ideas on grand infrastructure are his so he can celebrate the ribbon-cutting. After doing it with the Second Ave. Subway, he is following the same path by ordering a review of East Side Access years after it would have made a difference. As governor, that’s his prerogative, but it leads to a more-than-healthy skepticism from those in the field.

What happens though when Cuomo finds someone competent and qualified to work under him and that person starts getting some of the credit? As we’ve seen, things can get ugly fast, and that’s what may be occurring as New York’s two Andys — Cuomo and Byford — try to co-exist uneasily in the transit space.

It’s not too hard to pinpoint when the relationship went south. After Cuomo stepped in with his L train plan, Byford embraced the idea of a less shutdown-y shutdown but, as the head of New York City Transit, wanted to ensure full transparent accountability. Byford promised an independent assessment of Cuomo’s new scope of work that would be completed before the full work started. Well, the full work started this weekend, and the only result of Byford’s words were a power play by the Governor who removed the L train work from NYC Transit’s scope and placed it under the purview of Janno Lieber and MTA’s capital construction division. The independent assessment never happened; the timeline and full scope of work remains murky; and the construction kicked off in earnest on Friday night. Talk about being sidelined.

Since then, it’s been a rocky few months. Cuomo has pushed forward on the ultra wideband project while Byford has tried to hold the line on a traditional wired approach to communications-based train control (my views on the project in a recent City & State roundtable), and Cuomo and Byford had something of a stand-off when Cuomo insulted MTA workers during public comments at a lobbyist breakfast earlier this year. Byford was defending his staff and people while Cuomo was trying to score political points.

It was hardly a surprise then to see a few articles appear in the New York press regarding the Byford-Cuomo relationship. The first was an Emma Fitzsimmons special in The Times which indicated that colleagues feared Byford may quit. She wrote:

Andy Byford, the transit executive who was hired to rescue New York City’s floundering subway, and Gov. Andrew M. Cuomo have increasingly clashed over management of the system, and several of Mr. Byford’s colleagues said they feared he might quit. The two men did not speak between January and April, even as Mr. Byford was seeking to move forward on a sweeping $40 billion plan to overhaul the subway in the next decade.

If Mr. Byford, who was hired in November 2017, were to step down, it would be a major blow to efforts to improve the system, which has been plagued by antiquated equipment, cost overruns and rising complaints from riders about chronic mismanagement…Mr. Byford’s colleagues said he was troubled that he did not have the support that he believes he needs from Mr. Cuomo to carry out ambitious plans for the system. Mr. Cuomo, a Democrat, in turn has felt that Mr. Byford has been reluctant to embrace new technology and needed to understand the governor’s role as the elected official most responsible for the performance of the subways.

Nolan Hicks of The Post ran a companion piece that seemed to downplay a Byford departure but highlighted his frustrations with Cuomo. Let Andy Byford do his job, Hicks’ sources were saying to the governor. “I think he really wants to be left to the do the job he was hired to do. He knows what needs to be done here, he’s done it in three other world cities and he’s got a plan to get these things done,” MTA board member Andrew Albert said.

“Let the man do his job” seems to be the message everyone wants to send to Gov. Cuomo, and it is the right one to send. Byford is here to do a job, and it would benefit Cuomo to let him. That would of course require Cuomo to tamp down on some of his baser instincts. It’s grating on our governor that Byford got The New Yorker treatment and a 60 Minutes puff piece last year, and it goes against his political instincts to share credit. “I feel that every sentence that praises Andy Byford shortens his life-span with Governor Cuomo,” one of The Post’s MTA’s sources said. “Every time, I hear a compliment for Andy Byford, I see another knife in his back.”

But in this case, it behooves Cuomo to put this behind him and share credit. The governor will be viewed as the politician who brought in the right people to fix the MTA’s mess, and Byford can be given enough free rein to do his job and do it successfully with the support of the powerful governor. It ought to be a win-win situation if Cuomo can help himself.

Whether Cuomo can help himself is a different story. In the wake of the reporting on Byford, Cuomo took to Alan Chartock’s radio show to defend himself, and he defending his lack of communication with Byford on the air. “There’s a chairman who runs the authority. In this case it’s Pat Foye, and I deal with the chairman.” he said. “It’s very rare for me to deal with a division head directly.” Shortly after the radio appearance, MTA sources told me Cuomo had in fact been on the phone with the heads of the MTA’s Division of Operations Planning to discuss signal timers and the efforts to speed up trains. So his claim that he doesn’t talk to division heads seems more like a flimsy attempt to defend the silent treatment he’s given Byford than anything based in the reality of how he governs.

Ultimately, though, I believe the stories had their intended effect: Byford said to both The Post and The Times that he doesn’t plan to go anywhere, and this weekend, he was front and center helping customers navigate around the L train work. “I love New York, I love this job, I believe in this system, I believe in this agency, and I’m here for the very long haul. The governor and I are partners in this fight and I want to stay in this job until it is done,” Byford said.

Meanwhile, if Cuomo listened, he heard an outpouring of support for his NYC Transit chief who he tabbed to fix the subway’s problems. Cutting bait now to install another “yes man” who refuses to challenge the governor when appropriate would undermine the progress Byford has made, and I have a feeling that message may just sink in. Instead, Cuomo will have to do what the rest of us learned to do in kindergarten: share. He can share that credit, and the city and MTA will be better off for it.

Categories : MTA Politics
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Apr
24

Second Ave. Sagas Podcast, Ep. 3: Aaron Gordon of ‘Signal Problems’

By · Published on April 24, 2019 · Comments (3) ·

It’s time for another new episode of the Second Ave. Sagas podcast, and I’m very excited about my guest this week. Joining me during his farewell tour for his Signal Problems newsletter for a long discussion on all things covering transit is Aaron Gordon, a familiar name in these parts.

Gordon picked up the transit beat a few years ago with The Village Voice and launched “Signal Problems” as part of his ongoing coverage. He’s spent countless hours digging into faulty signal timers, the ongoing L train repair mess, and ferry ridership, among others. Now a writer with Jalopnik, Gordon is retiring his newsletter shortly, and the transit beat will be poorer for it.

Gordon and I sat down for a long discussion over the weekend, kicking things off with a conversation on Andy Byford’s future, and we covered the slow-motion improvements as Byford works to improve the system while navigating a thorny governor. We also talked about covering transit, frustrations with the FOIL process and the experiences a transit beat writer can enjoy riding along with the speed limit test train. You can listen to this week’s episode via the player below and the popular spots — iTunes, Google Play, Spotify, Pocket Casts and your favorite podcast app. If you like what you hear and have been enjoying the podcasts, leave a review on your favorite podcast site.

As always, thanks for listening and thanks as well to Joe Jakubowski for sound engineering. I can bring the podcasts to the public thanks to contributions from my readers so please consider joining the Second Ave. Sagas Patreon. As always, this site runs entirely on Patreon contributions, and I can keep it going with your help.

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New Jersey politicians are arguing for exemptions to congestion pricing, a call that should be resisted by the Traffic Mobility Review Board. (Photo via flickr user Elvert Barnes)

In the week following Albany’s approval of congestion pricing, I wrote a piece for Curbed New York warning against an exemption-laden plan. The argument is a simple one: Small carve-outs can have a big impact on the effectiveness of both the revenue generation and traffic reduction pieces of congestion pricing, and the Traffic Mobility Review Board tasked with formulating the fees and structure of the plan should resist the political pressure and lobbying over fee exemptions as it works to formulate a plan throughout the next eighteen months.

Already, we’re seeing this lobbying unfold in predictable ways. Unions representing police officers have laughably called for a blanket exemption for all personal vehicles of any NYPD personnel stationed within the congestion pricing zone. Considering cops are the biggest offenders and non-enforcers of NYC’s traffic and parking laws, this demand hardly comes as a surprise, but it should be resisted at every turn. We’ve also seen New York politicians undercut the goals of congestion pricing by securing legislatively-mandated toll rebates for certain constitutions, and I’ll come back to that shortly. I instead want to focus on the reaction from New Jersey and how it underscores the way in which local politicians treat transit riders as second class citizens even when they far outnumber drivers.

What New Jersey Wants

New Jersey leaders have been making noises about congestion pricing for the past three weeks. We first heard Gov. Phil Murphy complaint reported by The Wall Street Journal a few weeks ago. The Garden State governor is worried — worried! — that congestion pricing will cause New Jersey commuters to abandon their cars and use transit (which is of course the point), and he’s also worried congestion pricing will make traffic worse. “The solution cannot be one with the unintended consequences of making traffic worse and increasing reliance on the regional rail partners without their receiving additional support,” he said a few weeks ago.

At first, Murphy’s comments seemed to strike the right balance between concern for an overburdened and underfunded New Jersey transit network, but in recent days, he and other New Jersey politicians have shifted their focus back to drivers. In an eye-opening piece in The Times, Emma Fitzsimmons took a deep dive into these complaints and the “revenge” politicians in New Jersey want to enact on New Yorkers:

The mayor of Jersey City suggested that New Jerseyans should toll New Yorkers entering their state. A congressman is calling for federal legislation to guarantee that drivers — who already pay tolls to cross between the states — are not charged twice. Others believe a lawsuit could be filed to stop the tolls. “We are a little confounded about why suddenly New York would turn around and take a two-by-four to New Jersey,” said Representative Josh Gottheimer, a Democrat who represents a slice of New Jersey suburbs near Manhattan and plans to introduce a bill he hopes will pressure New York to give his state’s drivers a break.

Gov. Philip D. Murphy of New Jersey, a Democrat, said he would fight any effort to double toll drivers using the George Washington Bridge, the world’s busiest span. “I won’t stand for it,” he told reporters, though he stopped short of summoning what he called a full “Jersey attitude” like other leaders seeking payback…

Drivers already pay as much as $15 to use the Lincoln and Holland tunnels or the George Washington Bridge to enter Manhattan. Some might switch to New Jersey Transit, the state’s commuter railroad and bus network. But the system is often no more reliable than the subway and also suffers from years of neglect. For that reason, some New Jersey leaders, including Loretta Weinberg, the Senate majority leader, argue that it would only be fair for New Jersey Transit to get a cut of the revenue from congestion pricing…

[Gottenheimer] plans to introduce a bill this week that could cut federal funding to New York or the transportation authority if New Jersey drivers are forced to pay two tolls for one trip into Manhattan. “I don’t look at it as retaliation,” Mr. Gottheimer said. “I look at it as encouraging continued cooperation.”

Fitzsimmons also tracked down some New Jersey-based Facebook commenters who have “threatened” not to drive into New York City any longer (which is, of course, the point). In a way, it’s quite the tempter tantrum from our neighbors to the west, but it also underscores how politicians view their constituents primarily as drivers and then secondarily, if that, as transit riders. In each case, these politicians object to an additional fee being levied on drivers and seem to focus on transit investment as an after-thought. That’s not the right way to look at things.

Each year, the New York Metropolitan Transportation Council releases a hub-bound travel report, counting the number of people who enter New York City’s Central Business District and breaking it down by modality. This is convenient for us now because it overlaps 1:1 with the congestion pricing zone. Here are the latest numbers from 2017, and you’ll see that far more people from New Jersey rely on transit to reach Manhattan than on cars. The columns are, from left to right, “Entering,” “Leaving” and “Total.”

Considering these numbers, why are New Jersey politicians being so blind to the benefits of congestion pricing? By limiting the number of cars that enter Manhattan, the hundreds of thousands of New Jersey residents who rely on buses will have shorter trips into the city, and the surrounding communities will see less pollution due to fewer cars, say, on the Lincoln Tunnel helix or jammed throughout the streets of Weehawken. Plus, most of these New Jersey residents then have to use New York City’s streets and its transit network once they arrive in Manhattan, and these commuters and visitors will continue to enjoy the benefits of increased New York City transit funding and fewer cars on city streets. These people count, and they are more of them. New Jersey politicians would do well to remember that as they fight against a rational congestion pricing.

What New Jersey Can Do

Ultimately, New York City does not exist as a place for New Jersey drivers to have unfettered free access to limited city streets. New York City and New York State can determine its own transportation and transit future, and if drivers form Missouri have to pay, so too must drivers from New Jersey who make the choice to drive into Manhattan. But that doesn’t mean New Jersey can’t do anything.

I’m somewhat sympathetic to the claim that New Jersey’s own transit system may not be able to handle increased passenger loads due to mode shift following implementation of congestion pricing in early 2021, but that’s also a good 20 or 21 months away. New Jersey has plenty of time to get its house in order. It can reconfigure lanes heading into the Lincoln Tunnel to ensure buses have more space and priority. It can also begin the process of building out its PATH service and tackling the problems with New Jersey Transit. But it must focus on bolstering transit and not being overly protective of drivers.

For years, regional transit wonks have tried to raise alarms over New Jersey’s approach to spending transportation dollars. When governor, Chris Christie shifted millions away from rail and New Jersey Transit to widen the turnpike and engage in other road-related work. It’s not New York’s responsibility now to fund New Jersey’s transit deficits, and if the Garden State politicians are concerned about capacity and reliability constraints, they need to start working on these issues today while congestion pricing is in the planning stages. Ultimately, if NJ Transit fails to meet demand in a post-congestion pricing world, that blame will fall squarely on the shoulders of politicians who aren’t listening when there’s still time to act. Threatening federal action or imposing higher user fees on New Jersey roads as revenge seems laughable, but at the least the latter could be a rational step toward funding New York’s transit investments.

Unfortunately, our own governor seems amenable to negotiating with New Jersey on some limits on the impact of the fee, and New Jersey’s State Senate President Steve Sweeney appeared to back that up in a statement. “After conferring with Governor Cuomo on the MTA’s efforts to implement Manhattan’s central business district tolling, I am confident that we will have a voice in the process that will allow us to protect the interests of New Jersey’s motorists. We will work in a coordinated way with the MTA, New York State, the Port Authority of New York and New Jersey, and with other jurisdictions to develop a fair tolling system,” he said.

Whether it’s an elimination of a potential double-tolling scenario for drivers using the George Washington Bridge and heading south or a waiver related to tunnel usage, exemptions should be resisted. If New Jersey drivers want to use New York City streets, they can pay to do so. That is, after all, the entire point of congestion pricing.

It’s Not Just New Jersey

While New Jersey is raising the biggest stink right now, they’re not the only ones making moves to limit the impact of traffic-reduction fees. Assembly rep. Jeffrey Dinowitz announced a full rebate of all Henry Hudson Bridge tolls for any Bronx resident regardless of whether the final destination is within the congestion pricing zone or not. This is a mistake, and it’s designed to encourage more driving at a time when New York City needs to limit auto usage for both environmental and productivity reasons. Certain Queens drivers are getting toll breaks as well, and politicians are pushing for exemptions for motorcycles, so-called “green” cars, Staten Island drivers and Queens residents (as I explored in my Curbed piece).

Congestion pricing and crafting the proper plan was always going to devolve into a tough political fight, and we’re seeing the contours of it take shape. It would serve politicians well to remember that even if a few people have to pay the fee, the benefits — and the number of people who enjoy those benefits — far outweigh this new cost. As the climate changes around us, we don’t have time as a society to waste arguing over the edges of a congestion pricing fee, and as a city stuck in a transportation rut, we need to clear streets of cars and repurpose them for a higher and better use while funding transit. That’s what congestion pricing does, and exemptions should be resisted.

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Escalators underneath 45th St. will take LIRR riders into the East Side Access caverns. (Photo via MTA Capital Construction)

When the MTA Board begins its meetings on Monday this week, the Capital Program Oversight Committee will hear its quarterly update on East Side Access, and for the most part, the project seems to be humming along. The opening date for the long-awaited arrival of the Long Island Rail Road into Grand Central remains on pace for December of 2022, and the project seems to be adhering to its re-basedlined $11.2 billion budget.

At a top level, project management seems to have improved as change order requests and processing times have dropped while the heavy construction work — including the complicated Harold Interlocking rebuild — is proceeding apace. At this point, work on the last heavy contract has begun, and testing will begin in earnest later this year. East Side Access remains a boondoggle amidst New York City’s recent spate of 21st Century boondoggles, but with recent estimates showing the work is approximately 80-85% complete, it’s a boondoggle with an end in sight.

It is, thus, awfully strange that Gov. Andrew Cuomo, in his ninth year in office, has decided that now is the time to review the East Side Access project in an effort to speed up completion. He’ll yet again turn to his trusted panel of Columbia and Cornell engineering professors who threw the L train work into chaos, but the Governor’s ultimate end goal — another project for which he can attempt to play savior? A ribbon-cutting before his next reelection campaign? — remains elusive. Let’s try to unpack it.

A budget maneuver and a project review

The East Side Access review arose in the context of the budget negotiations which ushered in congestion pricing and a slew of MTA “reforms” that drew less-than-stellar reviews from good government groups. The legislation was a simple paragraph clearly engineered by the Governor. It reads:

For purposes of an independent review of the project commonly referred to as “East Side Access”, the metropolitan transportation authority shall establish an outside expert advisory group to review such project and make recommendations to accelerate its completion. Such outside experts shall include members of the outside independent review team established to review the project commonly referred to as the “L-train project”. Such review shall be completed as soon as practicable for consideration by the metropolitan transportation authority board.

That’s the entirety of the mandate. It involves once again gathering a panel of local academics who may or may not have expertise in the management and scoping of a massively-complex, multi-year, multi-billion dollar project and asking them to overhaul the whole thing with a decade into construction and with just 15 percent of the work left. To say this is shutting the barn door after the horse escapes is an understatement.

The lower level platforms, seen here in late January of 2019, are coming into view as East Side Access is projected to open in late 2022. (Photo via MTA Capital Construction)

In comments after the budget was passed, Cuomo added some color to the request. He put out a rather milquetoast statement, relying on one major exaggeration concerning construction timelines, as local reporters unpacked the three-sentence order for a project review. “East Side Access is one of the biggest challenges facing the MTA,” the governor said. “It has taken over 50 years and the price has increased 11-fold. The project is still about four years from completion and operation. We recently had great success by having outside experts review the L Train tunnel project where their recommendations made a dramatic difference, bringing cutting edge technology and different design ideas to the MTA. The budget that just passed directs the MTA to conduct a similar process on the East Side Access project to see if there are any new ideas that could expedite construction or reduce cost. It can only be a net positive exercise.”

At this stage, it’s worth noting that ground-breaking for East Side Access in its current iteration was held in 2007, and while parts of the tunnel had been built in the 1960s and the project had been in the discussion and planning stages on and off over the decade, I’m not sure it’s accurate to say it’s taken 50 years of work to get to where we are today. It’s taken over 20 years though from when then-Senator Al D’Amato and then-Governor George Pataki began to pressure the MTA to plan for the project and helped fund the initial assessments and engineering work. That by itself is far too long, and Cuomo could make his point effectively without bending this timeline. But I digress.

At a subsequent luncheon in front of the Association for a Better New York, the governor yet again focused on his favorite rhetorical trope — his eventual death — and added some very Cuomo-esque color, most of which again stretched reality:

East Side Access project—started in 1969. Governor Rockefeller and Mayor Lindsay got together, I love that headline, “Mayor and Governor unite to start transit tube.” Yeah, you see how well that worked out, right? 1969, this is the cost estimates of the East Aide Access. Starts at $75 million in the 60s, it’s now up to $11 billion. 2012, it was $8 billion. How do you go from $8 billion to $11 billion? That is $3 billion, 2012, you’re already into the project for 50 years. How can you be that wrong? You can’t be. And, how can it take so long? At this rate, I don’t think I’m going to be alive for the opening of the East Side Access. I think my grandchild will be there at the opening. Somewhere in the decade of 2040…

With the East Side Access, before I die, we’re going to bring a new team in, the same way we did with the L train, we’re going to have them overlook all the construction, all the design, and see if there’s a better way to do it. East Side Access will be transformative when it’s done. It allows the trains from Long Island to come right in to Grand Central. It will be phenomenal, but we have to get it done and we need a new set of eyes to do it…

Over the next four years, I am willing to put my name on the line and tell you exactly what we are going to get done…East Side Access is going to be open or you can bury my heart in the East Side Access.

Whether the governor’s last line on East Side Access is a promise or a threat remains to be seen. What is true though is that Cuomo’s tortured attempts at proving a point aren’t accurate. Cuomo’s own MTA continues to assert that East Side Access will open in 2022 when Cuomo, who currently has no grandchildren, will still be the governor. It won’t be in 2040 or 2030. The end, as we can see from recent photos, is literally in sight. So what’s going on here?

A tortured timeline and missed budgets

To address that question, let me teach a quick history lesson. As long-time readers know, the tale of East Side Access (which you can peruse via my archives) is one of poor project planning and management. The MTA initially projected costs at $4.3 billion with a completion date of 2009 if construction began promptly after scoping documents were prepared in 1999. Costs grew as the start of the project was delayed, and when funding came through in 2006, the agency estimated it would cost around $6.3 billion and be finished in 2012. Clearly, the executives at MTA Capital Construction, who are now long gone from their jobs, never really knew what they were talking about in the early going.

The project hasn’t fared much better since work began as unanticipated complexities and a lack of inter-agency coordination plagued work from the start. The timeline slipped from 2012 to 2016 to 2019 and finally to 2022 while the budget increased rom $6.3 billion to $7.3 billion to $8.3 billion to $9.7 billion to $10.2 billion to its current price tag. Newsday ran down the cost estimates and timelines last year, and it is a textbook example of bad planning.

No one will ever make the mistake of defending East Side Access. As I wrote last year at around this time when I examined the increasing costs, this project wouldn’t stand up to a fresh cost-benefit analysis, and the no-build option would have been chosen had costs been scoped properly from the outset. The feds wouldn’t have funded it, and the money would have been put to better use in New York.

“The MTA has gotten away with capital construction larceny here, and no one in Albany has raised a hand to question the worth of this project at any point in the last decade. It is a failure in construction management and a failure in politics as scarce transit dollars flushed into the deep-bore cavern below Grand Central time and time again,” I wrote last year, and I stand by it.

Why then am I skeptical of Andrew Cuomo’s motives here? Is it because anyone watching for the last nine years should have an inherent distrust of Cuomo’s relationship to transit and his willingness to abuse the MTA to make him look good? Of course.

Andrew Cuomo has been the governor for most of the East Side Access construction

Construction on East Side Access began just over 12 years ago, and Governor Cuomo has now been New York’s chief executive for nearly 75 percent of the construction life of East Side Access. Since Cuomo took office and assumed responsibility for the MTA, whether he wants to admit it or not, the construction timeline has slipped by six years while costs have increased by nearly $4 billion. The first thing Cuomo should have done on East Side Access when he took began his first term on January 1, 2011 was order a full-scale top-to-bottom review of the project. Instead, he sat on it for over eight years as project timelines slipped and costs ballooned by almost 55 percent.

Now, Cuomo is on the verge of pulling a Second Ave. Subway on East Side Access, and it’s obvious how this will play out. The experts will conduct their review of the project and recommend some accelerated concurrent testing plan that will likely add to the costs while Cuomo can celebrate a ribbon-cutting prior to his next reelection campaign in 2022. The MTA will have to spend more money to meet the Governor’s timeline, and the proper post-mortem, one that explores how the MTA whiffed so badly on its initial scoping for East Side Access, why the agency couldn’t properly manage this project for over a decade and how we can avoid repeating these mistakes on, say, future phases of the Second Ave. Subway or Penn Station Access or Gateway or any number of badly-needed infrastructure projects, won’t happen.

Ultimately, then, that’s Cuomo’s transit legacy in a nutshell. When it’s too late to enact real reform and push for a transparent overhaul of clearly faulty project scoping, construction management and contracting practices, Cuomo steps in to gain headlines and photos for electoral benefit. That’s not reform; that’s manipulation. He did it with the Second Ave. Subway, and with the assist of Columbia and Cornell Universities, he’s going to do it again on East Side Access. New York City, stuck a precipitous moment in its infrastructure history, deserves better, and better should begin with a real assessment of everything that went wrong with East Side Access. This maneuver is not it.

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Welcome back to another installment of the Second Ave. Sagas podcast. Joining me for Episode 2 is John Raskin, executive director of the Riders Alliance, a grassroots advocacy group pushing for better transit. The Riders Alliance was a key member of the #FixTheSubway coalition pushing Albany to approve congestion pricing, and the group celebrated a big victory last week when congestion pricing finally earned legislative approval.

In this week’s episode, Raskin talks about his group’s role in lobbying for transit funding and what comes next as the fight over a traffic fee shifts from passage to proposal. Attention will shift to the six-member Traffic Mobility Review Board, tasked with formulating the fee structure and assessing whether any exemptions should be granted. As Raskin discusses, the advocates’ work is far from over, and ensuring a robust pricing plan that delivers on its promises to limit congestion in New York City while funding the work needed to improve the transit network is a job far from over. You can listen to this week’s episode via the player below and the popular spots — iTunes, Google Play, Pocket Casts and your favorite podcast app — should update by Wednesday morning.

If you’re enjoying the podcasts, leave a review on your favorite podcast site, and please consider joining the Second Ave. Sagas Patreon. This site runs entirely on reader contributions, and I can keep the podcast going only with your help. A big thank you as well to Joe Jakubowski for his production work on the podcast.

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Politicians and policy wonks have begun to question whether a $10 per-passenger subsidy for the NYC Ferry system is a sound use of city transportation dollars. (Photo via NYC Ferry)

One of the greatest trick Bill de Blasio’s administration ever pulled was convincing New Yorkers that the ferries were a legitimate form of mass transit, worthy of hundreds of millions of dollars of taxpayer subsidies as the subway and bus system collapsed around them.

Now, after years of hiding spending, costs and ridership demographics behind the frustratingly opaque New York City Economic Development Corporation, rather than tasking the city’s public-facing Department of Transportation with running the boat network, the administration is finally taking heat for the ferry system. A recent report by the Citizens Budget Commission detailed how the ferry subsidies reach nearly $11 per ride and could spike to up to $24 per passenger on future planned routes. The city’s Comptroller Scott Stringer has also recently blocked city spending on boat acquisition, and with policy wonks turning a skeptical eye toward the costly ferries, the future of public spending on a little-used and costly boat network that seems to serve well-off neighborhoods that already have transit service may be in doubt. For this ferry skeptic, it’s a reckoning that can’t come a moment too soon.

My love-hate relationship with Mayor de Blasio’s ferry system is hardly a secret. I first cast a doubting eye on the mayor’s plans for a five-borough ferry system in early 2015 when, quaintly, the cost estimates included just $50 million in capital money and a $20-$30 million annual operating subsidy, two figures that would be a good deal today. At the time, I tried to fix his proposal, suggesting higher fares (and thus lower subsidies, a point to which I’ll return later). My pleas fell on deaf ears, and the mayor went forward with his ferry system as costs ballooned. When I wrote a piece for Curbed questioning the usefulness of a specialized low-capacity ferry service, subsidies were $6.60 per ride and capital costs nearly half a billion dollars. It’s only gotten worse from there.

In a report released last month, the non-partisan Citizens Budget Commission highlighted how the city is now spending $10.73 per ride to ensure ferry fares are kept at the same cost as the swipe of a Metrocard, and the report highlighted the seasonal nature of ferry ridership, indicating that the boats are more for leisure and convenience rather than for transit. In tandem with the report, Stringer declined to approve more city spending on ferry acquisition, calling instead for a DOT takeover of the program, and any 2021 mayoral candidate should heed the CBC’s recommendations. “New York should invest its transportation dollars wisely,” Andrew S. Rein, President of the Citizens Budget Commission, said. “When deciding how to expand services to those who may need them, the city should make policy choices that increase the ferry system’s cost-effectiveness, especially when it comes to weekend and leisure ridership.”

While my incessant harping on ferries has earned me the reputation of a hater, I take little joy in being right about the wasteful spending, especially at a time in which transportation dollars are at a premium and high-capacity, lower-cost solutions are obvious. I believe there’s a narrow path toward rescuing the ferry system, but it’s one that relies on choices that will result in higher fares and fewer year-round routes. But let’s dive in.

CBC study highlights high costs, lack of EDC transparency

The CBC’s report landed in late March while I was on vacation in Madrid, and from the title alone — “Swimming in Subsidies” — I knew it would be a good one. The essence of it is simple: Without even exploring who rides and which New Yorkers are enjoying the benefits of the subsidies, the city is spending $10.73 per passenger on a heavily-subsidized ferry service that serves fewer passengers in one year than the subway serves on a typical weekday. Future planned routes to Coney Island may require a subsidy of over $24 per passenger, and the CBC questions whether steep spending on low capacity boats is the way to improve mobility in New York City. “Before an expansion of service is implemented,” the report states, “city officials should reconsider the policy choices that contribute to the high subsidies, evaluate options that would reduce the level of subsidy, and consider whether alternative uses would meet the city’s transportation needs more efficiently and more effectively.”

The numbers are stark. The NYC Ferry system enjoys subsidies that lag New York City’s express buses by only a dollar per ride and are over ten times more than the subsidy for bus and subway rides. The ferry subsidy outpaces Metro-North by over $5 per passenger and the LIRR by around $4.50, and these are hardly paragons of efficient transit. Notes the CBC: “The high subsidy is due to high operating costs and low revenue, which are the product of policy choices to keep fares low and to provide daily service on routes with variable demand, low ridership, and high fixed operating costs. Spending to date includes some one-time costs associated with launching new routes; the per-ride subsidy may decline in future years as operating costs stabilize and ridership grows. Even with these developments, NYC Ferry would still require a greater subsidy than competing modes of transit while serving a smaller number of passengers.”

In discussing these subsidies, the CBC highlights the seasonal nature of ferry routes as a leading problem. Over the course of 2018, the ferries served just 91 passengers per revenue hour, and the ferries are particularly sensitive to seasonal demand, a clear indication that many riders view the system as one for leisure rather than for commuting. The report states:

The sharp increase in summer ridership is driven primarily by additional weekend travel. Weekend ridership, consisting predominantly of trips for leisure, is more responsive to seasonal trends than weekday ridership.12 Most of NYC Ferry’s weekend ridership accordingly takes place in the summer. During summer months weekend trips make up 40 percent of NYC Ferry ridership, up from 21 percent during the winter. 13 (Overall weekend ridership on NYC Ferry is higher than that of its peers, with weekend trips accounting for 33 percent of ridership compared to 22 percent on the Staten Island Ferry and 15 percent on the private ferries.) This extreme seasonality is also a byproduct of NYC Ferry’s comparatively small base of regular commuters.

EDC’s strategy to address the extreme seasonality of NYC Ferry’s ridership also has increased operating expenses and subsidies. NYC Ferry has struggled to meet its on-time performance target of 94 percent when ridership peaks in the spring and summer months, particularly on the Rockaway route.15 In response EDC has paid to charter additional vessels to add capacity to meet peak summer demand, rather than increase fares to reduce demand. While this improved on-time performance on some routes, it also increased operating costs and subsidies.

Future ferry routes won’t improve this picture. The Coney Island route is expected to cost the city $24 per passenger and Ferry Point service to the Bronx will come with a price tag of $16 per passenger. On the capital side, including dock build-up and boat acquisition, the city is projected to spend $638.5 million on the ferry network. Meanwhile, the CBC had a harsh assessment of the financial relationship and EDC’s involvement in the project. I’ll quote a length:

The decision to place NYC Ferry under EDC has created redundancies within City government. DOT sets transportation policy and operates the country’s largest municipal ferry service; EDC’s role historically has been to manage piers and waterfront properties and to oversee private ferry companies that operate in New York City waterways, including managing the operations of the East River Ferry that preceded and was integrated into NYC Ferry. The original operating agreement with Hornblower anticipated EDC’s role in NYC Ferry would be limited to managing the on-shore infrastructure and setting the fare and service levels–tasks within EDC’s core competencies and the scope of its Maritime Contract. Subsequently, EDC has expanded its responsibilities, primarily by exercising its contractual options to acquire and expand the NYC Ferry fleet and to build a City-owned homeport. Going forward, EDC and DOT will own and operate separate ferry fleets.

Second, funding NYC Ferry through EDC rather than through the City budget limits the ability to track the dollars allocated to ferry service and to exercise oversight. DOT’s expense budget for the Staten Island Ferry, for example, includes detailed operating and maintenance data, including headcount and spending on personnel, contractual services, supplies, fuel, and other expenses. Similarly, the Mayor’s Management Report tracks indicators that tie back to these expenses.

In contrast, NYC Ferry is not funded through general fund revenue appropriated through the budget process, and EDC is not required to report detailed operating or budget data about its ferry service. EDC funds NYC Ferry’s operations through an arrangement in which the Mayor allows EDC to retain a greater share of the revenue it generates from operating City-owned commercial properties than is expressly allowed under its contracts with the City. While the City Council must approve any capital spending, paying for NYC Ferry’s operations through EDC means that its operating budget is not subject to City Council review. This funding model also differs from the operations of the now-defunct East River Ferry service, which was subsidized from the City’s General Fund.

In essence, the Citizens Budget Commission doesn’t believe the current system is transparent, sustainable or a good use of transportation dollars. “[The] ferry network,” the report concludes, “serves a small number of New Yorkers, is expensive to operate in part to support leisure-oriented travel, and requires a high subsidy that will grow higher to extend service to Coney Island and Ferry Point. Reviewing the system’s costs and subsidies through its first full year of operations should prompt consideration of whether maintaining the same operating strategy, pricing model, and expansion plans will be the most efficient and most effective use of city transportation funding.” They’re almost being too kind.

Fallout: The Mayor responds; the Comptroller calls for a takeover

Now, City Hall has not historically taken kindly to any criticism of the ferry system. For better or worse, the boats are Bill de Blasio’s signature transportation policy, one that just so happens to benefit many of his wealthy real estate donors with substantial interests in the waterfront who like to point to nearby ferry docks as a perk. Following the report, the mayor took the time during his weekly appearance on WNYC’s Brian Lehrer Show to address the critique, and he simply could not respond on substance. His answer is one for the ages. He said:

I disagree with the analysis to begin with because I think it’s a very short sighted analysis. I appreciate the Citizens Budget Commissioner, I think they’ve done some important work over the years, but I think they have a fatal flaw. They often misunderstand the value of government investment for the long haul and this is a government investment for the long haul. Let me sober everyone right here, Brian, 8.6 million people today. We’ve added half a million people over the last 15-20 years. We’re going to add another half million people over the next 15 to 20 years ahead. Anyone who thinks our existing transit system can handle all of that is someone who thinks marijuana is already been legalized in New York State and is smoking some. The fact is it is impossible to do what we have to do with the city if we don’t expand mass transit options.

It’s something else to hear the mayor claim that anyone who criticizes his boats must be high on marijuana, but that’s the city we live in these days. The mayor urged critics to talk to ferry riders — which is besides the point — and also claimed that delivering a one-fare option via a transfer to MTA-operated buses or subways would drive up ferry usage. Such a relationship would also require the city to reimburse the MTA for lost revenue, leading to even higher per-passenger ferry costs, and the biggest boats in the fleet max out at 350 passengers, hardly a high-capacity system. The mayor’s defense is a flimsy one and ignores the substance behind a critique of what is in essence a low-cost, niche transit system (that largely benefits those who live in watefront condos and want to avoid the subway). Doesn’t this exacerbate, rather than solve, NYC’s tale of two cities?

Meanwhile, NYC Comptroller Scott Stringer (and a likely 2021 mayoral hopeful) used the report and a subsequent story in The City on the high cost of boat acquisition to call for a city takeover of the ferry system.

“New Yorkers deserve reliable and comprehensive public transit systems, but not at the expense of transparency, accountability and fiscal responsibility. The Economic Development Corporation’s contract with NYC Ferry operator Hornblower raises serious questions about the exploding costs and liabilities that the City is choosing to absorb, all while handing over millions in revenue to a private contractor – questions that to-date have not been sufficiently answered,” he said. “We must do better. That’s why I’m calling on the city Department of Transportation to immediately explore taking over NYC Ferry. This has the potential to improve efficiency and public savings across the board – capitalizing on DOT’s experience running the Staten Island Ferry, eliminating administrative redundancies, allowing the City to keep all fare box and concession revenues, and providing a level of budgetary and operational transparency that EDC has to-date refused to provide. Given all of these potential benefits, DOT should examine the feasibility of such a takeover as soon as possible.”

What Comes Next: Fixing the ferries through higher fares

At this point, clear battle lines have been drawn around the ferries. Ridership isn’t substantial or persistent enough for politicians to cower in fear over challenging the costs of the system, and while the mayor is committed to building out the routes the CBC has highlighted as particularly cost-inefficient, he’s in office for only two more years. The 2021 mayoral race will, in way or another, include jockeying on ferries, and as the current candidates appear to be more attuned to the transit needs of New York City than de Blasio has been, half a billion dollars in ferry spending and constant subsidies with diminishing returns will likely be on the chopping block. The city can and should spend this money to bolster bus service and a bike share system, two transit modes with far higher usage numbers (let alone pollution impacts) than ferries.

But in the short term, the city should consider reassessing the fare structure. It’s a nice gesture to keep fares for boats pegged at the cost of a Metorcard swipe, but it’s also an empty gesture. These ferries aren’t serving real transit deserts, and people who take ferries have long shown a willingness to pay a premium for what they view as a more comfortable or leisure-type service. In fact, the CBC recommends as much in its report:

EDC and City officials can take actions to improve the system. The high rate of leisure travel offers an opportunity to charge higher fares on weekends and for noncommuters to offset the cost of subsidies for daily commuters. Other premium transit options, like the private ferry services and the MTA express bus service, charge higher fares that are commensurate with their operating expenses. Other services use dynamic pricing that increases along with demand. When it was a standalone service, the East River Ferry charged a higher fare on weekends, which allowed it to recoup a larger share of its operating costs than NYC Ferry currently does. Private ferry operators offer limited weekend service because it is not profitable. Dynamic pricing models could be more appropriate for long, low-productivity routes that require substantial subsidies and see demand spikes on weekends. A different fare structure could also mitigate the need to charter vessels or purchase larger boats.

Ultimately, though, the ferries offer a lesson in government transparency: The EDC has long resisting calls (and FOIL requests) to release ridership data and demographics information. Capital costs continue spiking without City Council oversight, and the mayor’s response is catty defensiveness on the radio. That’s not a prescription for sound transit policy at a time when mobility is under scrutiny. The city should charge more for ferries, reducing the subsidies and freeing up taxpayer money for transit investments with a higher return. Until then, the ferries are simply a giveaway masked as whatever the mayor thinks passes for transit.

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The New Yorker featured a cover last week by Bruce McCall that seemed to portend this weekend’s approval of congestion pricing. (Via The New Yorker)

Revenue from traffic fee will bolster MTA capital spending

More than a decade after a backroom deal in Albany shelved Mayor Bloomberg’s congestion pricing, New York City will finally be able to price private automobile access to Manhattan south of 60th Street as the Senate and Assembly passed a budget early Sunday morning that includes authorization for congestion pricing to fund the MTA. The vote makes New York City the first in the nation to implement traffic pricing, and the move should help clear up Manhattan’s congested streets while funding Andy Byford’s Fast Forward plan to modernize the subway system.

According to Gov. Andrew Cuomo, who does deserve credit in pushing this plan through, the congestion pricing revenue will allow the MTA to bond out $15 billion for its capital plan, and the money will be supplemented by a mansion tax on the sale of properties at $25 million or more and an internet sales tax. “This budget,” Assembly Speaker Carl Heastie said in a statement, “delivers on our promise to develop sustainable funding for the MTA and addresses critical transportation needs throughout the state.”

MTA officials too sang its praises. Pat Foye, current agency president and soon-to-be chairman, thanked Albany for supporting the traffic fee. “Today will long be viewed as a historic day for the transit system, the environment and the livability of the New York region. Central Business District Tolling is a transformative initiative that will improve our transit system, reduce air pollution, increase mobility, bolster the economy and, put simply, better the lives of all New Yorkers,” he said. “With the leadership of Governor Cuomo, who resurrected this plan and led the way to making it a reality, New York is taking a critical step towards providing MTA customers with the modern, reliable, robust system they want and deserve, while creating tens of thousands of jobs across the entire state.”

Transit advocates have been working on a congestion pricing push for months and took a deserved celebratory lap on Sunday. “This state budget is great news for subway and bus riders who have been advocating for fair and sustainable sources of funding to fix our ailing transit systems. The billions of dollars raised through congestion pricing and other new revenue sources will help modernize the MTA with new train signals, new subway cars, and faster and more reliable bus service,” John Raskin, Executive Director of the Riders Alliance, said. “In the coming months, we look forward to working with the TBTA and the new Traffic Mobility Review Board to ensure that the final congestion pricing plan is is robust and comprehensive, and that new funding translates into a faster and more reliable commute for millions of daily riders.”

Nick Sifuentes, Executive Director of Tri-State Transportation Campaign, echoed those sentiments: “At long last, we’ll start to get our city moving again and make both crippling traffic congestion and constant subway breakdowns a thing of the past.

Yet, while advocates have worked tirelessly to push this weekend’s approval across the finish line, the hard work has only just begun as the devil will be in the details. The budget legislation that approved congestion pricing did not provide details of the plan. Rather, it mandates the aforementioned Traffic Mobility Review Board, a new six-member board under the auspices of the Tri-Borough Bridge and Tunnel Authority, develop the pricing plan, and already politicians are angling for exemptions and carve-outs that would water down the effectiveness of it all.

Mayor Bill de Blasio conditioned his approval, infuriatingly enough, on the amorphous guarantee that the pricing plan would include carve-outs. In press appearances and conversations with Brian Lehrer, the mayor has constantly pushed for the idea of exemptions for various people he feels must drive into Manhattan, and while access to the East Side hospitals should be a consideration, congestion pricing will live or die on the limited scope of the carve-outs and the rigorousness with which they are enforced.

In this age of parking placard corruption, spearheaded by lax NYPD enforcement and constant NYPD abuse, though, anyone questioning de Blasio’s blind adherence to carve-outs is right to do so. After all, far more New Yorkers heading to doctors in Manhattan take transit than drive, a favorite de Blasio talking point. Still, the arrival of congestion pricing in New York City should be a celebrated one among transit enthusiasts and urbanists alike. (I’ve written at length as to why congestion pricing is a progressive solution to NYC’s transportation woes, and I urge you to revisit my Curbed piece from last August.)

Yet, despite this great victory, I too share some of the reticence recently expressed by Nicole Gelinas in The Post over the haste and lack of details in the current congestion pricing push. As she wrote, the MTA has never provided a definite cost-breakdown for all elements of the Fast Forward plan, and the state hasn’t actually given the MTA most of the $8 billion Cuomo committed a few years ago. “As it is, the MTA struggles to spend the money it already has when it comes to long-term physical assets, she noted. “The MTA is nearing the end of a regular five-year infrastructure-upgrade program, money to be invested in projects between 2015 and 2019, and to cost $33.3 billion. But it only has spent $10.9 billion of that money.”

I’ve expressed concerns about the overall framing of this congestion pricing push and have cautioned against treating congestion pricing as a solution to traffic and transit together. We need congestion pricing. It will help clear up our roads, but it must come with a pre-implementation guarantee of additional transit service in areas without robust subway access. I worry that treating it as a fix-all for transit funding and for the subways is overpromising on much needed benefits. Furthermore, as Gelinas pointed out on Sunday, the Traffic Mobility Review Board seems primed to hand over significant control of local New York City streets to suburban legislatures, a potentially damaging mistake that could harm the successful of comprehensive congestion pricing.

Despite this skepticism, though, I’ve spoken with numerous advocates who have urged me and others to celebrate this win, and environmental groups and transit advocates alike are looking forward to clearing the city streets. Plus, the budget finally includes a dedicated lockbox that Cuomo claims he will enforce to “ensure that 100% of this revenue goes to the MTA capital budget and prohibits the use of these revenues for non-capital spending.” (Whether this is an ultimate good remains to be seen. Some congestion pricing revenue should go to increased operations spending to ensure the transit system can withstand the boost in ridership a properly crafted traffic pricing plan should create.)

Other MTA reforms raise eyebrows

But — and when it comes to Andrew Cuomo and transit, there’s always a “but” involved — the legislature also passed Cuomo’s (and de Blasio’s) MTA faux-reform package. I wrote at length about this reform package a few weeks ago when it was first announced, and it’s worth revising the details here. Some of the key reforms are as follows:

  • An MTA reorganization plan issued by the agency by June, which is off to an auspicious start as the MTA recently gave away the deal to a contractor in a no-bid $2 million contract.
  • A long-awaited forensic audit and efficiency review.
  • The Cornell and Columbia professors who have limited expertise in MTA capital construction will review major projects.
  • A 20-year capital needs assessment beginning in 2023. For what it’s worth, the MTA usually issued a 20-year needs proposal every five years to coincide with the capital budget, but we have yet to see one this year.
  • Increasing the competitive procurement threshold to $1 million (from $100,000) to speed up the contracting process.
  • MTA Board appointees that are coterminous with the tenure of the official appointing the board member, a move that favors the term limit-free governor over the term-limited mayor.
  • A requirement that any Capital Program Review Board member who does not approve of the MTA capital plan issue a written explanation for their veto, and provide the MTA the opportunity to respond and revise the plan so the member may withdraw their veto.

All told, these measures give the governor, who already controls the MTA even more power and siphons more say in the future of its transit network away from New York City. If anything, this should lead to more dialogue around Corey Johnson’s proposal to bring the subways and buses back under city control, a topic I plan to revisit soon.)

Ands I mentioned, good governance groups are not happy with these proposals. Reinvent Albany dissected the plan in February and aired additional criticism over the weekend after the MTA reforms were essentially approved, debate-free, during a late-night budgeting session.

That’s an inauspicious start for MTA reform if ever there was one, and the good governance group wasn’t the one party voicing its concerns. Allen Cappelli, a former MTA Board member who was effectively pushed out over disagreements with the governor, told The Post, doing away with independent staggered appointments was “the wrong thing to do.” Cappelli added, “Cuomo has been the problem, not the solution. He’s been reluctant to fund the MTA properly. He’s deflecting.”

Cuomo loyalist named to head MTA; donor picked for Board

And just how is Cuomo exercising this new control? Well, we caught a glimpse of it late last week when he nominated Pat Foye to head the MTA and named a big-time donor to the board. Foye’s nomination came after Joe Lhota left abruptly last fall, and it’s a very Andrew Cuomo pick. Foye worked for Cuomo in 2011, served as Executive Director of the Port Authority (and president of the PATH train) from 2011 to 2017 and has been President of the MTA — a new position — since August 2017. He had the following to say about being named Chairman:

“As a lifelong rider – and a daily customer – of the MTA, I can think of no higher honor or more important challenge than serving at the helm of an agency that connects millions of people each day to their jobs, schools, families, and friends. There is no question that we have a great deal of work ahead of us, to bring truly innovative and meaningful reform to the agency and provide the service and system New Yorkers deserve.

I want to thank Governor Cuomo for this honor and opportunity. I have been honored to serve the Governor and the people of the State of New York. I know the new leadership team we have in place is up to this challenge, and I want to thank my colleagues for their hard work and commitment to making the MTA a more efficient and effective place. I especially want to thank our union member partners, who work tirelessly every day to keep this region moving. And I’m grateful to both Acting Chair Fernando Ferrer and our former Chairman Joe Lhota for their past guidance and leadership. I look forward to working with our customers, elected officials, the MTA Board and advocates as we continue to improve and build a transit system that truly works for all New Yorkers.”

On its own, Foye’s appointment isn’t a bad one, but it’s a very inside-the-box, Cuomo-loyalist approach to the MTA. Foye knows who he answers to, and he knows what Cuomo wants. He likely will give Byford enough leeway to implement the most substantive pieces of the Fast Forward plan, but this is an appointment designed to indicate to Byford and others inside the agency that Cuomo is very much in control. As Reinvent Albany’s John Kaehny said to Politco New York, “He’s an experienced technocrat and knows the transportation lay of the land and he’s trusted by the governor and he’s been reasonably accessible to the public, or certainly was when he was at the Port Authority. I would say it’s the conservative choice and the expected choice.”

New names fill MTA Board

Cuomo’s other MTA Board appointments are in a similar vein. Cuomo named Haeda B. Mihaltses, currently the Mets’ Vice President of External Affairs, to the Board. Mihaltses spent 12 years in the Bloomberg administration and worked for Peter Vallone before that. She replaces Peter Ward, a 2016 Cuomo appointee, and will be a fine Board member. But I chuckled at another Cuomo appointee named last week.

The governor tabbed Michael Lynton, the one-time CEO of Sony Entertainment, to the Board as well. While you would never know it from the governor’s press release, Lynton earned headlines a few years back during the Sony email leak when his extensive fundraising ties to the governor were laid bare for the public to see. We know full well where Lynton’s sympathies lie, and we can see exactly how Cuomo uses his own people to enhance and underscore his control of the MTA. (Lynton replaces Charles Moerdler, an eight-year board vet who was nominated by David Paterson in 2010 and whose appointment had expired in 2016. Moerdler had recently raised eyebrows with his aggressive calls to criminalize all subway and bus fare evasion.)

Also joining the MTA Board will be a new representative from Suffolk County as holdover Mitch Pally has been replaced by Kevin Law, president of the Long Island Association. Pally was a 14-year vet whose last term expired in 2016 as well and had pushed the MTA to avoid its upcoming fare hike. David Mack and and Sarah Feinberg, a Federal Railroad Administration official during President Obama’s tenure, joined the Board in recent weeks as well. Mack, who has a history with Cuomo and the MTA. fills Nassau County’s empty seat while Feinberg replaces Schott Rechler. Rhonda Herman was named as Westchester County’s rep which may bounce Andrew Saul from the Board. With the recent departure of Carl Weisbrod, I believe that gives the mayor the chance to suggest a new board member as well.

Ultimately, this was a good week for New York City and a good week for MTA funding. We wasted a decade spinning our wheels on congestion pricing and still have to push through a properly limited plan to ensure it isn’t captured by special interests, but New York City’s streets will finally be priced. Congestion pricing can only improve from here. Where things stand with MTA reform and governance is an open question. Gov. Andre Cuomo, barely a friend of transit, continues to assert his control, as is his right, but it seems unlikely his plans will actually fix the MTA or its inefficient cost and construction problems. For that, we may just need a better governor, a more forceful mayor and a new way to approach transit governance that does not rely so heavily on loyalists and donors.

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