Editor’s note:Staten Islanders may be familiar with this issue from some of the work done by Staten Island’s Assemblymember Pirozzolo and Borough President Fossella, whose community activism and public pressure have resulted in the successful withdrawal of at least one BESS station building permit. The battle to keep these facilities out of residential neighborhoods is something that these two politicians, along with many others, feel very strongly about. Due to the hazards that these facilities can cause, including fires that are impossible to put out while outputting toxic fumes into neighborhoods, being just one among many. They want the sites removed from areas around schools and residences, being instead allowed only in industrial areas where such hazards are more acceptable. Republicans in the Assembly in Albany have introduced legislation to prohibit their installation in residential neighborhoods and school zones. This topic is also related to the proliferation of AI data centers around the country, particularly in rural communities where politicians are welcoming them with open arms, despite the strong and vocal opposition of their constituents. PBS has been covering that issue, including the massive amounts of pollution they generate from their electricity-generating turbines and the community pushback, rather extensively lately. This is a very important issue to a lot of people, to the extent that it may change their vote in the election.
Wong Condemns Threatening Incident After District Office Building Windows Shattered
Maspeth, NY — Council Member Phil Wong (D-Queens) today condemned a disturbing incident at his district office building after two second-floor windowpanes were shattered and an individual associated with the building reported receiving anonymous threatening phone calls referencing the Council office.
The incident occurred at 58-38 69 Street in Maspeth, where Wong’s district office shares the second floor of the building with a union benefits office. The damaged windows were discovered Monday morning when staff arrived for work.
According to an individual associated with the building, several anonymous phone calls were received at approximately 1:00 a.m. After one of the calls was answered, a male caller reportedly said words to the effect of, “Take control of your tenants, that Council office, or more windows will be broken.”
The NYPD was immediately notified. Officers from the 104th Precinct responded, and detectives from the 104th Precinct Detective Squad later arrived to canvass the area and continue the investigation.
The incident comes just days after two separate incidents involving representatives of a contractor working at the proposed NineDot battery energy storage facility at 64-30 69 Place. On Wednesday, a member of Wong’s staff was allegedly shoved while documenting construction activity from a public sidewalk. On Thursday, that same staff member was allegedly tackled to the ground, striking his head on the pavement. He was admitted to the hospital, where medical staff directed that he remain overnight for observation, and he continues to undergo follow-up medical treatment.
“What is beyond dispute is that, within the span of a few days, my office has experienced two alleged assaults on a staff member performing official duties, followed by anonymous threats referencing our Council office and shattered windows at our district office building,” said Wong. “That is deeply concerning, and it deserves a thorough investigation by law enforcement.”
Wong thanked the NYPD, including the officers of the 104th Precinct, the 104th Precinct Detective Squad, Chief Russell Green, and NYPD leadership for their prompt response and ongoing investigation.
“Threats, intimidation, and violence have absolutely no place in our communities or in the democratic process,” added Wong. “No contractor, no company, and no individual has the right to intimidate public servants for responding to constituent complaints and carrying out the jobs they were elected and hired to do. My office will continue providing oversight, documenting conditions, and standing up for the people of District 30. We will not be intimidated. We will not be threatened. And we will never back down from serving our constituents.”
The investigation into the shattered windows and anonymous threats remains ongoing.
Office windows shattered in middle of the night. Image Credit – Council Member Phil Wong
Office windows shattered in middle of the night. Image Credit – Council Member Phil Wong
Office windows shattered in middle of the night. Image Credit – Council Member Phil Wong
CACAGNY Demands Full Investigation into Lithium-Ion Storage Project
Middle Village, NY — Council Member Phil Wong (D-Queens) today forwarded the following statement issued on Thursday, July 2 by the Chinese American Citizens Alliance of Greater New York (CACAGNY), the Greater New York chapter of the nation’s oldest Chinese American civil rights organization, regarding the proposed NineDot Energy battery energy storage facility at 64-30 69th Place in Middle Village. In its statement, CACAGNY condemns what it describes as corporate bullying of the surrounding community, cites an alleged anti-Asian incident in which a construction worker allegedly directed the remark, “What, did you eat cat?” at an Asian staff member before allegedly tackling him to the ground, and calls for a full investigation into the proposed project.
⸻
BEGIN STATEMENT
CACAGNY Demands Full Investigation into Lithium-Ion Storage Project
“The Chinese American Citizens Alliance of Greater New York (CACAGNY) condemns NineDot Energy for arrogantly bullying a community that includes many Asian residents.
NineDot Energy does not want to be a good neighbor. NineDot wants to build a lithium-ion battery storage facility over the strenuous objections of the community. Lithium-ion battery storage facilities around the country have exploded into runaway fires that took fire departments days to extinguish, due to the uniquely intense heat generated when these lithium-ion batteries spontaneously ignite. Additionally, the fires release highly toxic hydrogen fluoride and carbon monoxide over a wide area, and can treacherously reignite themselves days after having been put out.
The proposed NineDot facility at 64-30 69th Place would sit across an intersection from a neighborhood K-8 public school, P.S./I.S. 128. A daycare center and an animal hospital are also nearby. This residential neighborhood, full of children, is the last place in New York City where one should site a potentially dangerous lithium-ion battery storage facility.
Overwhelming community opposition, strongly supported by City Council Member Phil Wong (in whose district the project is proposed), has led to a stop-work order from the City’s Department of Buildings. Yet NineDot and its contractor, GA Industries, continue their construction work without stopping.
Today, an employee of GA Industries assaulted an Asian protesting for the community, and punctuated his contempt of the community with an anti-Asian slur. The assault was recorded on video. This is after the owner of GA Industries himself physically harassed a protestor. Do NineDot’s financial backers – German bank Deutsche Bank, Washington D.C. private equity firm Carlyle, Canadian insurance company Manulife, North Carolina’s First Citizens Bank – know that their portfolio company engages in such thuggery in Middle Village, New York City?
Such corporate bullying is unacceptable. CACAGNY calls for a full investigation into NineDot’s project in Middle Village, including the country of ultimate origin of the potentially dangerous lithium-ion batteries.”
Injured Council Associate. Image Credit – Councilmember Wong
Wong Calls for Criminal Investigation After Second Alleged Assault on Staff Member at Controversial Battery Storage Site
DOB Issues Class 1 Aggravated Stop Work Order Following Illegal Construction Activity
Middle Village, NY — Council Member Phil Wong (D-Queens) is calling for a criminal investigation and renewed efforts to relocate the proposed NineDot lithium-ion battery energy storage facility at 64-30 69th Place after two separate alleged assaults against members of his staff in as many days by representatives of the project’s contractor, GA Industries.
On Wednesday, the New York City Department of Buildings issued a Partial Stop Work Order on portions of the project. During that visit, the president of GA Industries allegedly shoved a member of Council Member Wong’s staff while the staffer was documenting activity from the public sidewalk. The incident was captured on video and reported to the NYPD.
On Thursday morning, Council Member Wong’s office received reports that contractors from GA Industries were performing work prohibited by that Stop Work Order. Wong and members of his staff returned to the site to conduct oversight and document activity from the public sidewalk. Council Member Wong also immediately contacted Department of Buildings Commissioner Ahmed Tigani regarding the reports.
While staff members were documenting activity through the required viewing opening in the construction fence, contractors exited the site and confronted them. Video footage shows one contractor pushing a staff member away from the required viewing opening in the construction fence. Moments later, that same contractor allegedly tackled the staff member to the ground while he continued documenting activity from the public sidewalk. The staff member hit his head on the pavement, and suffered injuries. The incident was also captured on video.
The 104th Precinct responded to the scene and prepared a police report. The injured staff member suffered a head injury and is receiving medical attention. The incident is now under investigation by the 104th Precinct Detective Squad.
Department of Buildings inspectors subsequently arrived and observed contractors excavating, installing a vault, and backfilling, work prohibited under the existing Stop Work Order. DOB immediately issued a Class 1 Aggravated Stop Work Order, shutting down the construction project indefinitely.
“This is completely unacceptable,” said Wong. “In two days, a member of my staff has allegedly been assaulted while simply documenting activity from a public sidewalk. We don’t need shady contractors illegally working on a construction site and then trying to intimidate public servants who are doing their jobs. If this is how NineDot chooses to do business, New Yorkers should be deeply concerned. They were offered an opportunity months ago to relocate this project. They should do the right thing, take that deal, and move this facility somewhere it belongs.”
Wong is also calling on the appropriate authorities to investigate GA Industries and review any public contracts involving the company after its president allegedly told members of his staff that he has contracts “everywhere” and that “nothing will happen” to him.
“No contractor is above the law,” added Wong. “Ignoring Stop Work Orders and responding with intimidation and violence when public officials are performing oversight should never be tolerated.”
Council Member Wong will also be reaching out to Queens District Attorney Melinda Katz to request a review of both incidents.
The proposed battery energy storage facility has faced widespread opposition from elected officials, Community Board 5, parents, nearby schools, businesses, labor organizations, and residents, who continue to argue that the facility should be relocated away from homes, schools, and other sensitive locations.
This is video of the alleged incident described above, where it appears that a contractor employee prevented a councilmember’s associate from taking photos and videos through the legally required peephole into the site, and then allegedly shoved him to the ground, causing him an injury.
Wong Staff Member Allegedly Shoved While Monitoring NineDot Construction Site
104th Precinct responds after incident at proposed lithium-ion battery facility at 64-30 69 Place; police report taken
Middle Village, NY — Council Member Phil Wong (D-Queens) today condemned an incident in which a member of his staff was allegedly shoved while he and members of his staff were lawfully monitoring activity at the proposed NineDot lithium-ion battery facility at 64-30 69 Place in Middle Village.
While Council Member Phil Wong and his staff were documenting activity from a public sidewalk this morning, the owner of GA Industries, the contractor performing work for NineDot, allegedly shoved a Wong staff member while the staff member was recording activity through openings in the construction fence. Officers from the NYPD’s 104th Precinct, along with a supervising sergeant, responded to the scene and took a police report listing the Council staff member as the victim and Vincent Peluso of Queens as the alleged perpetrator. The incident was captured on video, which accompanies this release.
“My office was simply performing its oversight responsibilities on a public sidewalk when a member of my staff was allegedly shoved for lawfully recording activity at the site,” said Wong. “No one has the right to put their hands on someone because they don’t like being filmed in public. This is the type of contractor NineDot has chosen to hire. Instead of working with the community, they allegedly resort to intimidation and confrontation. NineDot should be ashamed of itself, and its investors—including New York Green Bank—should seriously reconsider doing business with a company that operates this way.”
Wong said he also spoke directly with Department of Buildings Commissioner Ahmed Tigani regarding both the excavation activity and the need for a Phase II Environmental Site Assessment before any additional work proceeds. Wong thanked the officers and supervising sergeant from the NYPD’s 104th Precinct for their swift response and professionalism in handling the incident.
Council Member Wong continues to call on the New York City Department of Buildings to withhold approval of any permits for work at the site until NineDot commissions a Phase II Environmental Site Assessment. A previously completed Phase I Environmental Site Assessment obtained by Wong’s office identified a formal Recognized Environmental Condition (REC) and recommended that a Phase II investigation be conducted before development proceeds.
While at the site today, Wong and his staff observed an excavator digging and kicking dust and soil into the air while students participating in Summer Rising and other summer programs at nearby PS/IS 128Q were outside. Given the Phase I Environmental Site Assessment’s identification of a Recognized Environmental Condition, Wong said the City should not permit additional work until the recommended Phase II Environmental Site Assessment is completed and the nature and extent of any contamination is determined.
Council Member Wong also said that, during the incident, members of his staff were allegedly told by the owner of GA Industries that “there’s nothing you can do,” and that he “has ins and has contracts everywhere.”
“If those statements were in fact made, New Yorkers deserve to know exactly what they mean,” added Wong. “Given the conduct we witnessed today, I will be requesting audits and a thorough review of any City and State contracts, subcontracts, or publicly funded projects involving this company. That includes work connected to the NineDot project, which benefits from significant public support through entities such as NYSERDA and New York Green Bank. The public deserves confidence that taxpayer dollars are being awarded responsibly and that contractors entrusted with public work are held to the highest standards of professionalism and accountability.”
As with any allegation, all parties are entitled to the presumption of innocence unless and until proven otherwise. The matter has been documented in an NYPD report, and the incident was captured on video accompanying this release.
Wong Calls on DOB to Withhold Any Permits for NineDot Battery Facility Until Phase II Environmental Site Assessment Is Completed
NineDot contractor observed excavating this morning despite DOB confirming no alteration permits have been approved for the work
Middle Village, NY — Council Member Phil Wong (D-Queens) is calling on the New York City Department of Buildings (DOB) to withhold any permits for the proposed NineDot Energy lithium-ion battery facility in Middle Village (64-30 69th Place, Middle Village, NY 11379) until the company commissions a comprehensive Phase II Environmental Site Assessment (ESA), while also urging the agency to issue appropriate violations after the project’s contractor was observed performing excavation work without approved alteration permits.
Shortly before 9:00 a.m. this morning, members of Council Member Wong’s office witnessed excavation activity taking place at the site. Workers on-site stated that permits had been approved and that work was authorized to proceed.
Following the visit, Wong’s office immediately contacted the Department of Buildings. DOB expressly informed the office that no alteration permits have been approved for the project and that excavation work should not be occurring.
The excavation raises additional concerns given a previously completed Phase I Environmental Site Assessment obtained by Wong’s office. The report, prepared for a previous property owner who ultimately decided not to develop the site because of the potential risks and costs associated with environmental contamination, identifies a Recognized Environmental Condition (REC) and concludes that additional environmental concerns are likely present. The report specifically recommends that a Phase II Environmental Site Assessment be conducted to determine the nature and extent of any contamination before development proceeds.
Despite that recommendation, NineDot has not commissioned a Phase II Environmental Site Assessment.
Council Member Wong’s office also received reports that workers at the site remarked that they themselves would not want to live next to the proposed battery facility.
“The Department of Buildings has made clear to my office that no alteration permits have been approved and that excavation should not be occurring,” said Wong. “With that, the DOB should immediately issue the appropriate violations against the contractor for performing unauthorized work. The rules must apply equally to everyone. More importantly, DOB should not approve a single permit for this project until NineDot commissions the Phase II Environmental Site Assessment that has already been recommended. This is about protecting construction workers, nearby residents, and our community.”
Wong also noted that NineDot previously had the opportunity to relocate the project to another nearby site but chose instead to pursue construction directly across from a 700-seat elementary and middle school (PS/IS 128Q), next door to an animal hospital (Juniper Valley Animal Hosital), day care center (Books and Rattles), and kid’s fun house (Kid’s Play World), and near homes.
“NineDot had an off-ramp and chose not to take it,” added Wong. “If the company truly believes this project is safe, it should have no objection to conducting the additional environmental testing that has already been recommended. Until then, no permits should be approved. The health and safety of our community must always come before corporate profits.”
Council Member Wong is calling on the Department of Buildings to immediately investigate the excavation activity observed this morning, issue any appropriate enforcement actions against the contractor, and withhold approval of any permits for the project until a Phase II Environmental Site Assessment has been completed and its findings are made public.
Backhoe at BESS facility site. Image Credit – CM Wong
Banner Image: Backhoe at BESS facility site. Image Credit – CM Wong
