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MANHATTAN COMMUNITY BOARD 6 FULL BOARD MEETING MINUTES Wednesday, May 12, 2010 NYU MEDICAL CENTER 550 FIRST AVENUE

Hon. Mark Thompson, Chair ATTENDANCE Members answering first roll call: Arcaro, Barrett, Buchwald, Curtis, Dankberg, Disman, Dubnoff, Eggers. Figueroa, Frank, Friedman, Goldman, Gonzalez, Haile, Hollister, Humphrey, Imbimbo, Judge, LaBarbera, Landesman, Moses, Negrete. O'Neal, Papush, Parrish, Parise, Pellezzi, Rubin, Scala, Schaeffer, Schwadron, Sepersky, Sherrod, Simon, Steinberg, Thompson, Weder, West, Winfield Members answering second roll call: Arcaro, Barrett, Buchwald, Curtis, Dankberg, Disman, Dubnoff, Eggers, Figueroa, Frank, Friedman, Garland, Goldman, Gonzalez, Haile, Hollister, Humphrey Imbimbo, Judge, LaBarbera, Landesman, McGuire, Moses, Negrete, Oddo, O'Neal, Papush, Parrish, Parise, Pellezzi, Rubin, Scala Schaeffer, Schwadron, Sepersky, Sherrod, Simon, Steinberg, Thompson, Weder, West, Winfield Excused: Bergman, Collins, Lee, McIntosh, Reiss, Seligman, Absent: Williams Guests signed in: Sandra McKee, Aja Hazelhoff, Bregtje Hartendorf, John Leighton, Cynthia Erit, Chon Fuentes, Mildred Frost, Phyllis Herman, Mary Braddon, David & Valerie Loo, Ellen Lally, Elizabeth Burpee, Elise Platt, Marcia Diliberto, Frances Krlepka, Judith Binney, James Terrill, Gail Perlberg, Terese DeMonbrun, Susan Snyder, Flora Garcia, Lois Gaeta, Charlie Masterson, W. Reilly, Christina Capowich, Karen Meierdiercke, Robin Graubard, Sal LaFata, Rosanne Miskow, Mary T. Sanders, P.L. Millman, Sandra Berlstein, Joanne Levine, Barbara Graham, Patricia Hart, Donald Earl Long, Sandy Hecken, Denis Dickens, Alexander Ontra, Dorothy Howard, Bruce Phillips, Joan Feeney, Ian Garvey, Mark Gibson, Roger Hyde, Howard Grossman, Patricia Ross, Irene Newton, JP Miller, Samantha Havger, Carol Sliverman, Robin Sutterberg, Ellen Mann, Michael Segall, Sharon Browne, Chris Cate, Catherine Sigal, Arleen West, Joyce Luchtenberg, Elizabeth Lansing, Hasuey Goldberg, Dan Rossell, France Louise Novack, Elissa Querve, Bruce Zimmerh, Millie Margiota, Eunice Coleman, Allan Hunter, Lew Schneider, Howard & Fran Morris, Laura Carver, Kelly Warren, Arthur H. Barnes, R. Simon, J. Cohen, Sherry Berner, Sterling Plaza Condo, Cathe Giffuni, Cole Miller, Dolores Marsh, Philip Bauman, Meagan Dorney, Lance Evans, Annie McDonough, Turtle Bay, Fran Walsh, Helen Shapiro, Helene Schulman, Michael Wiland, David Andrew Krivine 1

INDEX

Meeting Called to Order Adoption of the Agenda Roll Call Public Session Business Session

th Adoption of the April 14 Full Board minutes

3 3 3 3 4 4 4 4 4 4 4 4 11 16 17 19 20 21 22 22 23 24

Report from the Chair District Manager's Report Treasurer's Report Committee Reports Health, Senior & Disability Issues Business Affairs & Street Activities Public Safety, Environment & Transportation Land Use &Waterfront Housing, Homeless Services & Human Rights Parks, Landmarks & Cultural Affairs Budget & Governmental Affairs Youth & Education Old/New Business Second Roll Call Appendix A: FULL BOARD ATTENDANCE RECORD Appendix B: ROLL CALL VOTES ON RESOLUTIONS

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Meeting Called to Order Mark Thompson, Chair, called the meeting to order. Roll Call ­ Tom LaBarbara PUBLIC SESSION C/M Dan Garodnick stated: 1) He joined Speaker Quinn and a number of Council Members in the announcement of a new round of budget reforms that will add transparency to how taxpayers funds are allocated to nonprofit community organizations. 2) C/M Garodnick applauded the agreement which was renewed by the Department of Education to keep PTAfunded teaching assistants in the class. 3) In testimony to the Parks Department about its proposed rules governing artists and other "First Amendment vendors," C/M Garodnick expressed concern that the rules may have negative consequences. For community news and updates from your representative see the see the Council Member's East Side Bulletin or go to www.garodnick.com. Dara Adams representing Cg/M Carolyn Maloney reported: 1) Cg/M Maloney recently sent a letter to the Metropolitan Transportation Authority Chair Jay H. Walder protesting cuts in crosstown bus service in Turtle Bay. 2) On April 29, 2010 Cg/M Maloney introduced legislation to encourage innovation and economic growth by permitting immigrant entrepreneurs greater access to temporary U.S. visas. 3) Cg/M Maloney hailed the Internal Revenue Service's announcement that parents may now make pretax payments toward the cost of adding their children under age 27 to their employerprovided health insurance plans. For community news and updates from your representative go to www.house.gov/maloney/press or call 2128600606. Sara HaleStern representing Senator Liz Kreuger announced the full explanation on why C/M Kreuger voted against bill S7678 changing the rules for charter schools in New York is covered in the May Community Bulletin. For community news and updates from your representative see the Senator's newsletter or www.lizkrueger.com. Danielle Bennett representing A/M Gottfried ceded her time. For community news and updates from your representative see the Assembly Member's Newsletter or go to http://assembly.state.ny.us/mem/?ad=074 C/M Rosie Mendez ceded her time. For further community news and updates see the Council Member's Community Report or go to http://council.nyc.gov/d2/html/members/home.shtml Keith Powers representing A/M Bing ceded his time. For community news and updates from your representative see the Assembly Member's Community Bulletin or go to www.jonathanbing.com. Cammy Peterson representing A/M Kavanagh ceded her time. For community news and updates from your representative see the Assembly Member's Newsletter or go to http://assembly.state.ny.us/mem/?ad=074. 3

Bruce Phillips representing Gramercy Residents Group stated their opposition to Business Affairs and Street Activities item: New, Restaurant Wine (RW) license for 38 Gramercy LLC d/b/a rd TBD, 38 Gramercy Park North btw 3 and Lexington Avenues. BUSINESS SESSION:

th Adoption of the April 14 Full Board minutes No minutes available at time of meeting.

Chair's Report ­ Mark Thompson Mark made a few announcements and acknowledgements: 1).Community Boards budgets were restored by the Mayor. 2) Introduced new board members, Lawrence Shyer and Jose Gonzalez. 3) Thanked board member Paige Judge for setting up the st Annual Board Dinner/Meeting that will take place on June 21 , 2010. 4) Reminded board members that when voting, if they have various personal interest in the specific that they should recues themselves from voting. District Manager's Report -- Toni Carlina Toni waived her report. Treasurer's Report Bea Disman Bea Disman waived her report. Borough President's Report ­ Sandy Meyers Sandy made a few announcements and acknowledgements: 1) Last month, Borough President Stringer held a rally denouncing the Department of Education's (DOE) haphazard school space planning and the disastrous consequences it is having on th Manhattan's public school children. 2) On Tuesday, April 6 , the Board of St. Vincent's Hospital voted to close its doors, officially ending its attempt to stay open despite millions of dollars of debt. In the aftermath of the closure, hospitals throughout the City have seen an increase in the number of patients coming in. 3) The Borough President continues to advocate on issues of reform related to the city's ongoing Charter Revision process. Committee Resolutions & Reports

1. Health, Seniors & Disability Issues ­ Sandro Sherrod, Chair a. Report waived

2. Business Affairs & Street Activities Committee ­ Carol A. Schachter, Chair a. New, Restaurant Wine (RW) license for 38 Gramercy LLC d/b/a tbd, 38 Gramercy Park rd North btw 3 and Lexington Avenues. WHEREAS, the applicants appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the application has been downgraded from an onpremises to a restaurant wine establishment which does not require a 500 foot hearing and WHEREAS, the applicant agreed to close at 2a.m on Fridays and Saturdays and capacity would be 74 and 4

WHEREAS, the applicants presented traffic experts who advised that this new restaurant would have little impact on traffic in the area and WHEREAS, members of the community were present to present their concerns about safety, th resulting in NYPD 13 Precinct Commanding Officer Beaudette speaking on the issue and saying there were concerns about safety and WHEREAS, there was discussion on both sides of this issue now THEREFORE, be it RESOLVED, that pursuant to the presentation by the applicants at this meeting and all other considerations, CB6M has no objection to this application. VOTE: 33 in Favor 12 Opposed 0 Abstention 0 Not Entitled b. New, DCA application (#1348224) unenclosed sidewalk café, 6 tables and 14 seats for Nana rd th th Sushi & Lounge Inc. d/b/a Nana Sushi, 511 3 Ave btw E. 34 & E. 35 Sts. WHEREAS, the applicant appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the committee was able to examine the application and blueprints provided and WHEREAS, the applicant promised to close the café at 11 p.m. each week night and at midnight on weekends and WHEREAS, this applicant had previously come before us for the new restaurant itself and was closing earlier than was permissible by law to appease the community now THEREFORE, be it RESOLVED, that CB6M is in favor of this application. VOTE: 36 in Favor 8 Opposed 1 Abstention 0 Not Entitled c. New, DCA application (#1349184) unenclosed sidewalk café, 8 tables and 16 seats for Elevated Entertainment Restaurants LLC, d/b/a Cornerstone, 961 Second Ave. btw E.50 & E.51 Sts. WHEREAS, the applicant appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the committee was able to examine the application and blueprints provided and WHEREAS, the applicant promised to close the side street of the café at 11 p.m. each week night and at midnight on weekends and further promised to close the Second Avenue side of the café at midnight each week night and at 1 a.m. on the weekends and WHEREAS, this applicant will remove the ATM machine on Second Avenue to facilitate operations for the two tables of the café in that area and 5

WHEREAS, there were concerns from the community about oversaturation of cafes along the Second Avenue strip, but the committee felt the avenue impact was minimal, as the major part of the café would be on the side street portion now THEREFORE, be it RESOLVED, that CB6M is in favor of this application. VOTE: 36 in Favor 7 Opposed 2 Abstention 0 Not Entitled

rd d. New, OP license for Abdelaziz Lamouchi d/b/a Lamazou Bistro, 344 3 Avenue btw E. th th 25 and E. 26 Sts

WHEREAS, Terrence Flynn, Attorney, ("Representative"), appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the Representative stated that they are opening a restaurant and WHEREAS, the Representative stated that the restaurant would be open from 11 am to midnight on weekdays and from 11 am to 1 am on weekends and signed a change agreement codifying this and WHEREAS, the Representative stated that the owner currently operates Lamazou Cheese Shop, which has been in the area for 16 years and WHEREAS, no members of the public was present to speak for the applicant and no members of the public spoke against the applicant and WHEREAS, this OP License requires a 500foot rule public interest analysis and WHEREAS, based on the facts presented, the committee believes this application is in the best interest of the community now THEREFORE, be it RESOLVED, that pursuant to the presentation by the Representative at this meeting and all other considerations, CB6M opposes unless the application and self certification of New On Premises th license for Abdelazia Lamouchi d/b/a Lamazou Bistro, 344 Third Avenue between East 25 th and East 26 Streets, match all representations contained herein and as presented to CB6M generally, in which case CB6M supports the application. VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled

nd f. Alteration, OP license for Sutton Place Restaurant & Bar Inc d/b/a Sutton Place, 1015 2 rd th Ave btw E. 53 & E. 54 Sts.

WHEREAS, Thomas McCallen, Attorney and Richard Kassis, Owner and Allan Bradbury, Manager, ("Representative"), appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and 6

WHEREAS, the Representative stated that they have two establishments under three different names (Sutton Place, Wildcats and The Terrace) that essentially share a common space and Representative stated that they were hoping to reassign licenses from one of the establishments to the other to make a better flow for patrons and to eliminate one of their names, leaving two two named: Sutton Place and Wildcats and WHEREAS, the Representative stated that there would be no increase in bars, and in fact one bar would be removed and WHEREAS, the applicant in question has had a bad history with CB6M, marked by misdealing and circumvention of rules and WHEREAS, members of the committee expressed concern that this maneuver may somehow be for a reason not expressly given and expressed concern of approving anything else for Applicant and WHEREAS, community members were present to speak against the Applicant based on noise and quality of life issues and WHERAS, no members of the community were present to speak for the Applicant now THEREFORE, be it RESOLVED, that pursuant to the presentation by the Representative at this meeting and all other considerations, CB6M opposes the Alteration On Premises license for Sutton Place Restaurant rd th and Bar Inc. d/b/a Sutton Place, 1015 Second Avenue between 53 and 54 Streets. VOTE: 44 in Favor 0 Opposed 1 Abstention 0 Not Entitled

rd th g. New, OP license for Great Sichuan on 3rd Ave., Inc d/b/a TBD, 363 3 Ave btw E.26 & th E.27 Sts

WHEREAS, Chao Yang Yin, Owner, ("Representative"), appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the Representative stated that they are opening an authentic Chinese restaurant and WHEREAS, the Representative stated that the restaurant would be open from 1130 am to 11PM, 7 days a week, and signed a change agreement codifying this and WHEREAS, no members of the public was present to speak for the applicant and no members of the public spoke against the applicant and WHEREAS, this OP License requires a 500foot rule public interest analysis and WHEREAS, based on the facts presented, the committee believes this application is in the best interest of the community now THEREFORE, be it

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RESOLVED, that pursuant to the presentation by the Representative at this meeting and all other considerations, CB6M opposes unless the application and self certification of New On Premises rd th license for Great Sichuan on 3 Ave., Inc., d/b/a TBD, 363 Third Avenue between East 26 th and East 27 Streets, match all representations contained herein and as presented to CB6M generally, in which case CB6M does not object to the application. VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled

nd rd h. Alteration, OP license for 1011 Rest Corp d/b/a The Terrace, 1011 2 Ave btw E. 53 & th E. 54 Sts

WHEREAS, Thomas McCallen, Attorney and Richard Kassis, Owner and Allan Bradbury, Manager, ("Representative"), appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the Representative stated that they have two establishments under three different names (Sutton Place, Wildcats and The Terrace) that essentially share a common space and Representative stated that they were hoping to reassign licenses from one of the establishments to the other to make a better flow for patrons and to eliminate one of their names, leaving two two named: Sutton Place and Wildcats and WHEREAS, the Representative stated that there would be no increase in bars, and in fact one bar would be removed and WHEREAS, the applicant in question has had a bad history with CB6M, marked by misdealing and circumvention of rules and WHEREAS, members of the committee expressed concern that this maneuver may somehow be for a reason not expressly given and expressed concern of approving anything else for Applicant and WHEREAS, community members were present to speak against the Applicant based on noise and quality of life issues and WHERAS, no members of the community were present to speak for the Applicant now THEREFORE, be it RESOLVED, that pursuant to the presentation by the Representative at this meeting and all other considerations, CB6M opposes the Alteration On Premises license for 1011 Rest Corp d/b/a The rd th Terrace, 1011 Second Avenue between 53 and 54 Streets VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled

rd rd j. New, OP license for Bistrot 33 Corp d/b/a TBD, 163 E.33 St btw 3 & Lexington Aves

WHEREAS, Christian Merand, Owner, Attorney, ("Representative"), appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and

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WHEREAS, the Representative stated that they are opening French Bistro restaurant with 30 seats and WHEREAS, the Representative stated that the restaurant would close by 11 pm, 7 nights a week, and signed a change agreement codifying this and WHEREAS, no members of the public was present to speak for the applicant and no members of the public spoke against the applicant and WHEREAS, this OP License requires a 500foot rule public interest analysis and WHEREAS, based on the facts presented, the committee believes this application is in the best interest of the community now THEREFORE, be it RESOLVED, that pursuant to the presentation by the Representative at this meeting and all other considerations, CB6M opposes unless the application and self certification of New On Premises rd license for New On Premises license for Bistrot 33 Corp. d/b/a TBD, 163 East 33 Street between Third and Lexington Avenues, match all representations contained herein and as presented to CB6M generally, in which case CB6M does not object to the application. VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled

rd th th k. New, OP license for 780TA LLC d/b/a TBD, 780 3 Ave 48 & 49 Sts

WHEREAS, Steven Greenberg, Owner and Donald Bernstein, Attorney, (together "Representative"), appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the Representative stated that they are opening a restaurant, lounge and banquet th th th facility on the 47 , 48 and 49 floors of a commercial office building and WHEREAS, the Representative stated that the establishment would be open until 4 am, 7 days per week and WHEREAS, Representative stated there would be 3 standup bars, no cabaret license and menu would be moderate to high priced and

th WHEREAS, Representative stated that Mr. Greenberg currently operates 230 5 Avenue's rooftop and had previously owned Gramercy Park Hotel and

WHEREAS, members of the committee thought there was little risk of noise bothering any surrounding buildings, as the adjacent buildings are much shorter than the one in question and WHEREAS, this OP License requires a 500foot rule public interest analysis and WHEREAS, based on the facts presented, the committee believes this application is in the best interest of the community now THEREFORE, be it 9

RESOLVED, that pursuant to the presentation by the Representative at this meeting and all other considerations, CB6M opposes unless the application and self certification of New On Premises license for New On Premises license for 780TA LLC d/b/a TBD, 780 Third Avenue between th th 48 and 49 Streets, match all representations contained herein and as presented to CB6M generally, in which case CB6M supports the application. VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled

th nd rd l. New, OP license for Tulsi Inc d/b/a Tulsi, 211 E. 46 St btw 2 & 3

WHEREAS Vijay Rao, Owner, ("Representative"), appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the Representative stated that they are opening an Indian restaurant and WHEREAS, the Representative stated that the restaurant would close at 1030 pm on weekdays and 1130 pm on weekends, and signed a change agreement codifying this and WHEREAS, no members of the public was present to speak for the applicant and no members of the public spoke against the applicant and WHEREAS, this OP License requires a 500foot rule public interest analysis and WHEREAS, based on the facts presented, the committee believes this application is in the best interest of the community now THEREFORE, be it RESOLVED, that pursuant to the presentation by the Representative at this meeting and all other considerations, CB6M opposes unless the application and self certification of New On Premises th license for New On Premises license for Tulsi Inc d/b/a Tulsi, 211 East 46 Street between Second and Third Avenues, match all representations contained herein and as presented to CB6M generally, in which case CB6M supports the application.

VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled

st nd m. New, OP license for Jesus Martinez d/b/a TBD, 342 E. 46th St btw 1 & 2 Aves.

WHEREAS, the applicants did not appear before us to answer any concerns regarding this license and WHEREAS, failure to appear rendered the committee unable to make a determination to whether application was in the public interest or to determine the "bona fides" of the application and THEREFORE, be it RESOLVED, that Community Board Six opposes the application for a transfer license of this café. VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled 10

n. New, DCA application for an unenclosed sidewalk café, 17 tables and 34 seats for Matisse, 924 Second Avenue, corner of E. 49 Street (former Smorgas WHEREAS, the applicant appeared before the Business Affairs & Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 6, 2010, CB6M having jurisdiction of the premises in the license application process and WHEREAS, the committee was able to examine the application and blueprints provided and WHEREAS, the applicant promised to eliminate four of the seven tables proposed for the Second Avenue side of the café and WHEREAS, this venue in its two former operations had similar cafés with no community complaints and the applicant is keeping the same type of configuration with an upscale restaurant now THEREFORE, be it RESOLVED, that CB6M is in favor of this application. VOTE: 39 in Favor 4 Opposed 2 Abstention 0 Not Entitled o. Report ­ waived 3. Public Safety, Environment & Transportation ­ Fred Arcaro, Chair aa. Proposed First and Second Avenues Select Bus Service (SBS) Whereas, MTA/New York City Transit presented its proposed First and Second Avenues Select Bus Service (SBS) to the Transportation Committee on February 1, 2010, and Whereas, the SBS corridor spans most of the east side of Manhattan, approximately 8.5 miles, th connecting South Ferry in Lower Manhattan to 125 street, and Whereas, the lack of a stop for 16 blocks between 42nd & 58th Streets, thereby leaving out the entire Turtle Bay Community and connections to the Crosstown M50 bus, and Whereas, the SBS corridor is presently served by the M15 bus, which is the busiest single route in New York City, with an average weekday ridership of 58,000, and Whereas, the SBS is intended to improve transit service by including a combination of features, such as offboard fare payment, highvisibility bus lanes, and transit signal priority, and Whereas, the SBS is also intended to enhance bicycle use by providing protected a bike path in two of its four designs, and Whereas, the SBS, more importantly is intended to improve pedestrian safety, and Whereas, the proposed SBS design has been proven successful on other corridors in New York City, such as Fordham Road in the Bronx, and 11

Whereas, the Community has been disproportionately adversely affected by recent MTA Bus service cuts, and Whereas, the lack of a stop at 28th Street to serve the elderly and infirm using Public Transportation to and from Bellevue Hospital, and Whereas, Community Board Six has demanded the continuation of crosstown bus service, now Therefore, be it Resolved, Manhattan Community Board Six supports the latest MTA/New York City Transit and Department of Transportation goals of the latest Select Bus Service designs but only if the following concerns are addressed: th th · The proposed SBS plan must include the 49 /50 streets on First and Second Avenues respectively. th · The proposed SBS plan must include the 28 street stop on First and Second Avenues. Be it further Resolved, Manhattan Community Board Six supports MTA/DOT to reconsider SBS design "D" along Second Avenue. VOTE: 44 in Favor 1 Opposed 0 Abstention 0 Not Entitled a. MTA First & Second Aves. SBS designs Whereas, MTA/New York City Transit presented its proposed First and Second Avenues Select Bus Service (SBS) to the Transportation Committee on February 1, 2010, and Whereas, the SBS corridor spans most of the east side of Manhattan, approximately 8.5 miles, th connecting South Ferry in Lower Manhattan to 125 street, and Whereas, the SBS corridor is presently served by the M15 bus, which is the busiest single route in New York City, with an average weekday ridership of 58,000, and Whereas, the SBS is intended to improve transit service by including a combination of features, such as offboard fare payment, highvisibility bus lanes, and transit signal priority, and Whereas, the SBS is also intended to enhance bicycle use by providing protected a bike path in two of its three designs, and Whereas, the SBS, more importantly is intended to improve pedestrian safety, and Whereas, the proposed SBS design has been proven successful on other corridors in New York City, such as Fordham Road in the Bronx and Eighth and Ninth Avenues in Manhattan, and Whereas, the Community has been disproportionately adversely affected by recent MTA Bus service cuts, and Whereas, the lack of a stop for 16 blocks between 42nd & 58th Streets, thereby leaving out the entire Turtle Bay Community and connections to the Crosstown M50 bus, and 12

Whereas, the lack of a stop at 28th Street to serve the elderly and infirm using Public Transportation to and from Bellevue Hospital, now Therefore, be it Resolved, Manhattan Community Board Six supports MTA/New York City Transit and Department of Transportation goals of the Select Bus Service designs but only if the following concerns are addressed: th th · The proposed SBS plan must include the 49 /50 streets on First and Second Avenues respectively. th · The proposed SBS plan must include the 28 street stop on First and Second Avenues VOTE: 44 in Favor 1 Opposed 0 Abstention 0 Not Entitled b. Implementing a surface transportation plan study for Midtown Manhattan Whereas, the Manhattan Central Business District has the nation's largest concentration of commercial activities and is the primary economic engine for the greater metropolitan area. Whereas, it is the focus of a subsurface rail transit system that is among the most extensive in the world and Manhattan's streets are frequently overwhelmed with motor vehicles, for many hours of the day, with severe traffic congestion. Whereas, pedestrians and surface transit in particular are negatively impacted, resulting in both substantial amounts of wasted time for vehicles and pedestrians as well as reductions in potential economic development. Whereas, a number of independent efforts have been attempted in order to improve the situation and last year, New York City tried to advance a congestion pricing plan that would have reduced vehiclemiles of travel in the core. Whereas, new pilot programs aimed at reconfiguring street space to favor pedestrians, cyclists and buses also are being implemented. Missing is a comprehensive plan for optimizing transportation, parking and pedestrian thoroughfares in the Central Business District. Whereas, this project that Community Board Six has proposed is a comprehensive Surface Transportation Plan for the portion of the Manhattan Central Business District between 60th Street and 14th Street the area overseen by our Community Board as well as Manhattan Community Boards Four and Six. Whereas, the plan should include specific recommendations for optimizing the share of street space allocated to pedestrians, cyclists, cars, taxis, trucks and surface transit over this entire area. Whereas, Community Board Six would like to suggest that the planning effort incorporate some or all of the following: (i) assembling a data base of existing pedestrian and vehicular travel volumes (ii) mapping the current allocation of street space for different categories of users (iii) establishing a set of goals and objectives for the plan 13

(iv) devising alternative street space scenarios (v) developing and deploying an analysis methodology for evaluating these scenarios at a "sketch plan" level of detail (v) consulting with stakeholders and (vii) preparing a final set of recommendations. Whereas, alternative scenarios might focus on largerscale changes in street space allocation like pedestrianonly street segments, dedicated transit lanes and protected bike lanes. Whereas, it is important that the evaluation of planning scenarios include consideration of district wide impacts of broader city and regional proposals, such as congestion pricing and transit service enhancements. Therefore, be it Resolved, Community Board Six, supports the formation of an oversight committee to include representatives from both the NYC Department of Transportation, the NYC Department of City Planning, the Metropolitan Transportation Authority and the New York City Transit Authority division of Surface Transit, along with three representatives from the midtown Manhattan community boards, each of whom has been selected by the Executive Committee of his/her respective board. Therefore, be it further Resolved, Community Board Six will support the preparation of this vital project for all of midtown Manhattan VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled d. Assembly Bill A10201 ­ establishing a bus lane demonstration program to enforce restrictions on the use of bus lane photo devices. Whereas, an New York State Assembly bill has been introduced by Jonathan Bing to give law enforcement a tool to enforce new rules and regulation for use of dedicated bus lanes and Whereas, Assembly Bill A10201 is support by Assemblymen Brian Kavanagh and Richard Gottfried and Whereas, A10201 is intended to enhance bus service along dedicated bus lanes such as st th along 1 and Second Avenues in addition to along the 34 Street corridor by providing a new enforcement tool and Whereas, A10201 provides the use of cameras or other photo devices to better to catch perpetrators who violates new rules and regulation for dedicated bus lanes and Whereas, A10201 provides protection of privacy for perpetrators who's pictured in the act of violating the law by not showing the individual's face now 14

Therefore, be it Resolved, that Community Board Six urges the State Assembly and the Senate to adopt a similar bill to pass A10201 and the Governor sign such bill as soon as possible. VOTE: 44 in Favor 0 Opposed 1 Abstention 0 Not Entitled e. Assembly Bill A00863 ­ in relation to commercial bicycles. Whereas, an New York State Assembly bill has been introduced by Jonathan Bing to give law enforcement a tool to enforce existing law relating the use of bicycles for commercial use and Whereas, A00863 provides that all bicycles for commercial use be registered as required under New York City Administrative Code §10157 and Whereas, Assembly Bill A00863 would increase the maximum fine from fifty dollars to one hundred dollars or imprisonment for not more than twenty days for failing to register a commercial bicycle and Whereas, A00863 requires cyclist to wear bicycle helmets in addition to having bicycles to be equipped with safety features, including, but not limited to, reflectors or lights for night time operation and Whereas, A00863 requires the owner of bicycles to obtain property and casualty insurance to cover the owner and operator of bicycles who operates the bicycle for commercial use now Therefore, be it Resolved, that Community Board Six urges the State Assembly and the Senate to adopt a similar bill to pass A00863 and the Governor sign such bill as soon as possible. VOTE: 44 in Favor 0 Opposed 1 Abstention 0 Not Entitled f. City Council Intro. 121 in relation to the use of bicycles for commercial purposes. Whereas, an amendment has been proposed to the administrative code of the city of New York, Section 10157, in relation to the use of bicycles for commercial purposes and Whereas, §10157 is intended to improve pedestrian safety by giving better identification tools for enforcing existing bicycles operating laws and Whereas, §10157 requires the cyclist to carry a photo identification card containing the name and resident address of bicycle operator and name, address and phone number of the company for whom the cyclist is making deliveries on its behalf and Whereas, §10157 require that each company who uses bicycles to conduct their business must keep detailed daily logs for each bicycle it uses. Log book to include by not limited to, the name address of each operator, time used, destination of deliveries and other information and

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Whereas, Intro. 121 broadens the definition of the term business who must comply with § 10157 and Whereas, Intro. 121 provides any business in violation of §10157 would be subject to civil penalties in addition to fines up to two hundred and fifty dollars and Whereas, Intro. 121 provides any business who is prosecuted for a violation of §10157 would be presumed to have knowledge that the bicycle operator was in violation of any section of §10157 now Therefore, be it Resolved, that Community Board Six urges the City Council to pass Intro 121 as soon as possible, and the Mayor to sign it into law provided it includes provisions that business require every bicycle operator to wear their helmets and carry proper ID as prescribed in §10157(b) of the New York City Administrative code.

nd g. Requested changes to the bus layover on East 32 Street, a treelined one way residential street running east from Lexington Ave. to Third Ave. nd Whereas, the MTA and DOT have established a bus layover on the southeast side of 32 St. Monday thru Friday, 3 to 7 PM which is only 73 feet, and not able to accommodate 2 buses and nd Whereas, Elementary School PS 116 releases their students at 3 PM from their playground on 32 Street, where they proceed to cross Third Avenue and walk west to Lexington Avenue and

Whereas, MTA bus drivers have ignored the DOT signage and have been parking on both sides of nd 32 St. damaging sidewalks, steel curbs and breaking branches on trees and Whereas, MTA buses have parked directly in front of the NYU Fink Children's Ambulatory Care nd Center at 160 East 32 Street blocking the drop off and pickup of patients and Whereas, the volume of bus traffic has increased including school buses from PS 116, M98, BXM1 and New York Waterways Ferry buses now Therefore, be it Resolved, that Community Board Six urges MTA and the Dept. of Transportation to partner in following actions which will take care of New Yorkers and lead to a healthier and safer New York: MTA and DOT should move their layover area to another street or avenues in order to have more space to park their buses. nd · Environmental Carbon Monoxide and Sulfur Dioxide levels are monitored on East 32 Street for one year to determine whether there is a bases for decreasing or diverting some of the vehicular traffic.

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VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled h. Report

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th Fred Arcaro reported on the May committee meeting presentation by DOT on proposed 34 St. Transitway, specifically the: Timeline Purpose The Analysis Process and goals. Full report in rd May 3 Committee minutes.

4. Land Use/Waterfront ­ Ed Rubin & Ellen Imbimbo, Chairs a. DCP Car Sharing Zoning Text Amendment WHEREAS, the Department of City Planning ("DCP") has proposed an amendment to Section 12 10 of the Zoning Text to revise the offstreet parking regulations ("the proposed Amendment") and WHEREAS, the proposed Amendment provides for additional parking spaces to be allowed for notforprofit and for profit "Car Sharing" programs such as Zip Cars and WHEREAS, Car Sharing programs tend to advance DCP's desire to reduce the total number of cars in New York City and WHEREAS, Car Sharing programs tend to reduce the need for owned automobiles and thereby reduce the number of automobiles on the street and WHEREAS, Car Sharing programs tend to: · increase mobility among urban residents for whom car ownership can be expensive and burdensome · free up more public parking spaces · improve environmental quality and WHEREAS, the proposed Amendment would provide for Car Sharing vehicles to be allowed parking facilities in the following percentages at the facilities specified: · Public Parking Facilities ­ Up to 40% · Accessory Parking Facilities in medium/high density residential districts: 20% or 5 spaces, whichever is greater · Parking Facilities in lower density, multifamily residential districts and commercial, manufacturing, and community facility districts that have at least 20 parking spaces Up to 10%, now THEREFORE, be it RESOLVED, that Manhattan Community Board Six expresses no objection to the proposed Amendment. VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled e. Report Ed Rubin remarked on the Car Sharing Zoning Text Amendment specifically how garages can be utilized to power Electric Cars. 5. Housing, Homeless & Human Rights ­ Claude L. Winfield, Chair

a. City Council Intro 1044 in relation to the creation of a division of LBGT youth services in the department of health and mental hygiene.

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WHEREAS Lesbian, Gay, Bisexual and Transgender (LGBT) ­oriented youth are a growing segment of the City's population and WHEREAS, this is a special needs group requiring medical and emotional care that is outside the normal provision of health care delivery and WHEREAS, LGBT youth experience a variety of emotional, medical, and financial issues including sexual or domestic violence, chronic health problems, and a need for alternative or low cost medical care and WHEREAS, the New York City Department of Health & Mental Hygiene has the resources to provide a nonjudgmental, confidential place for information about healthrelated topics and services, including general health and safety, now therefore be it RESOLVED, that the New York City Council approve and the Mayor sign into law an amendment to the administrative code of the city of New York, in relation to the creation of a division of LGBT youth services within the department of health and mental hygiene. VOTE: 43 in Favor 0 Opposed 1 Abstention 1 Not Entitled b. Assembly Bill A10008 in relation to clarifying certain provisions relating to occupancy of class A multiple dwellings. Whereas, New York City suffers from a shortage of affordable housing and Whereas, Manhattan community boards have always considered the preservation and development of affordable housing a top priority and Whereas, illegal hotels are units that are meant to be apartments but are illegally used as transient hotel rooms and Whereas, illegal hotels take available apartments from an already tight housing market, and disrupt the lives of residents who still live in the buildings and Whereas, many tourists are unaware that the buildings in which they are staying are built for permanent residential use and do not meet hotel firesafety codes and Whereas, illegal hotels often do not conform to the safety regulations for hotels set forth by the New York State Multiple Dwelling Law (MDL) and the New York City Building Code such as fire sprinklers and secondary egress and Whereas, illegal hotels often do not conform to the regulation set forth by the People with Disabilities Act, thereby failing to ensure accessibility and Whereas, the proliferation of illegal hotels has become so prevalent that Mayor Bloomberg created an Office of Special Enforcement to investigate complaints and Whereas, the Appellate Court's decision in the City of New York v. 330 Continental LLC prevents effective enforcement against "illegal hotels" and Whereas, Mayor Bloomberg's administration participated in the drafting of legislation which closes loopholes to make it possible to prosecute and close down "illegal hotels" and 18

Whereas, Assembly Member Gottfried and Senator Krueger have introduced A10008/ S6873, which would clarify the Multiple Dwelling Law and New York City Administrative code to disallow transient occupancy (less than 30 days) of class A dwelling and provide a path to compliance for certain hotels that have class A certificates of occupancy, but were built prior to the enactment of the MDL in 1929 and were used as hotels prior to the enactment of the New York City Zoning resolution in 1961 and Whereas, Mayor Bloomberg supports this legislation as indicated in the "Memorandum in Support" from his Office of State Legislative Affairs now Therefore be it Resolved that Community Board Six urges the passing of this bill by the State Assembly and Senate, A10008/S6873, for Governor Paterson to sign into law, in relation to clarifying certain provisions relating to occupancy of Class A multiple dwellings. VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled c. Report waived

6. Parks, Landmarks & Cultural Affairs ­ Gary Papush, Chair a. LPC Certificate of Appropriateness for 23 Gramercy Park So WHEREAS, the owner of 23 Gramercy Park S. in the Gramercy Park Historic District has applied to the Landmarks Preservation Commission for a Certificate of Appropriateness to excavate the cellar and rear yard, construct a rear yard addition, alter the front façade and to install a chimney flue, and WHEREAS, this Greek Revival style rowhouse was built in 1847 and renovated in 1906 and prior to current owner had an institutional use which is now being converted back to 1 family residential use, and WHEREAS, the proposed design and materials would restore the building to its 1906 appearance, and WHEREAS, the only concern we heard from neighbors involved the potential of the rear yard drainage on neighboring properties, now THEREFORE BE IT RESOLVED, Community Board 6 offers no objection to the approval of the Certificate of Appropriateness based on the design and presentation made to Community Board 6 and subject to agreement between applicant and neighboring property owners on the subject of the rear yard drainage. VOTE: 45 in Favor 0 Opposed 0 Abstention 0 Not Entitled b. The designing of Trygvie Lie Park

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WHEREAS, the Department of Parks & Recreation has presented Community Board 6 nd with a design for the reconstruction of Trygve Lie Park at 42 Street & First Avenue, and WHEREAS, this proposed design would create new and more plantings, greenery & benches to hopefully create more pedestrian usage and awareness of this unenclosed area under the jurisdiction of the DPR, much like the appearance of Ralph Bunche Park on nd the opposite side of 42 Street, and WHEREAS, this proposed design was reviewed by Community Board 6, now THEREFORE, BE IT RESOLVED, Community Board 6 supports approval of the proposed design for Trygve Lie Park as presented to Community Board 6 with the following recommendations: 1. The Department of Transportation add pedestriansidewalk oriented lighting to st nd the existing streetlight poles between 41 42 Streets on the west side of First Avenue. 2. That the new benches have at least in the center arm rest, and preferably in all three arm rests, infill elements so as to prevent them from being used to stretch out or lie down. 3. That the park renovation include sufficient and esthetically suitable trash bins to keep the space as clean as possible. 4. That the park's existing retaining wall have plantings that will not damage the wall's granite facing, or if plantings that may damage the wall are used (such as English ivy) they should be planted on trellislike structures that keep the plantings away from the wall. VOTE: 43 in Favor 0 Opposed 1 Abstention 1 Not Entitled c. Report ­ waived

7. Budget & Governmental Affairs ­ Richard Eggers, Chair a. Calling on NYC Charter Revision Commission to forgo placing proposals on the 2010 ballot. WHEREAS, the Mayor of the City of New York has convened a Charter Revision Commission to review "the entire City Charter" and propose "changes that will improve the lives of New Yorkers" and WHEREAS, Charter Revision presents a significant opportunity to engage New Yorkers in a substantive conversation about their government and WHEREAS, history has shown that the most inclusive and reformminded commissions, such as the 1989 Ravitch/Schwarz Commission appointed by Mayor Koch, require significant time for public debate and vetting of ideas and WHEREAS, proposing initiatives for the November 2010 ballot would unnecessarily limit the Commission's timeframe for conducting a thorough analysis and considering public input and WHEREAS, November 2010 is not enough time for all the issues to be identified, clarified and publicized so that all elected official and the public could be informed and knowledgeable enough for 20

public vote now THEREFORE BE IT RESOLVED, That Community Board 6 Manhattan calls upon the 2010 Charter Revision Commission to conduct a comprehensive review of the entire charter, meaningfully engage the public in its process, ensure that any question(s) placed on the ballot is clearly and concisely written, and conduct an extensive public education campaign about the ballot questions. BE IT FURTHER RESOLVED, That the Charter Revision proposal(s) not be presented for public voting before the November 2011 Election Date. VOTE: 44 in Favor 1 Opposed 0 Abstention 0 Not Entitled b. Assembly Bill A06019/S07110 ­ regarding the elimination of the rule that bars other local referendum proposals whenever a city charter commission proposal is on the ballot WHEREAS, Section 36, subdivision 5 paragraphs e, f, g of the Municipal Home Rule Law provides limitations including prohibition on submission by local law, ordinance, resolution or petition of a question to the qualified electors of a city when any question is submitted by a charter commission, and WHEREAS, This provision can and has blocked the public from submitting alternative or additional proposals intended to make government more responsive to their needs. WHEREAS, Assembly bill A6019 which would repeal the above mentioned paragraphs has passed the Assembly and is now in the State Senate under bill S7110, now THEREFORE, BE IT RESOLVED, Community Board 6 urges the State Senate to speedily adopt S7110 and for the Governor to sign this legislation into law. VOTE: 44 in Favor 1 Opposed 0 Abstention 0 Not Entitled c. Report Rick Eggers informed all board members present that 2012 District Need Statement will be due soon and will continue discussion next month. 8. Youth & Education ­ Maxine McIntosh, Chair a. Support of Planned Parenthood's NYC "We're Going to the Principals Office" Campaign WHEREAS, New York City's teen pregnancy rates are higher than the national average. i U.S. teens have higher rates of pregnancy and sexually transmitted infections than teens in most developed nations and WHEREAS, 15to24 yearolds represent only onequarter of the sexually active population, yet ii they account for nearly half of all new sexually transmitted infection's each year and WHEREAS, Half of all new HIV infections in the United States occur among people under the age iii of 25 and 21

WHEREAS, According to the New York City Department of Health, about half of high school students say they've had sex, about one in three high school students are currently sexually active and WHEREAS, Only twothirds of New York City's sexually active youth report using condoms, and one in five girls did not use any birth control the last time they had sex and WHEREAS, Research shows comprehensive sex education programs delay the initiation of sex and increase the use of contraception. It has also shown to reduce the number of sexual partners, and iv increase condom and contraceptive use and WHEREAS, An overwhelming majority of parents support sex education and believe it's already being taught. A full 77% of registered voters in New York State mistakenly think sex education is currently a part of the required school curriculum, while an even larger 85% want comprehensive sex education to be taught in school, according to a poll recently conducted by Hart Research v Associates and WHEREAS, While it is recommended in NYC, neither New York City nor New York State require or fund comprehensive sex education to be taught in schools. In New York City, whether sex education is taught, when it's taught, how often and by whom is up to each individual principal and WHEREAS, The New York City Department of Education has a recommended sex education 1 curriculum and offers the curriculum and training to schools free of charge and WHEREAS, Planned Parenthood New York City (PPNYC) has been in New York City for over 90 years providing confidential health care services to the women, men and teens of New York City regardless of their ability to pay as well as innovative educational workshops on sex education, peer education, technical assistance, and professional training to communities throughout the city and WHEREAS, PPNYC launched "We're Going to the Principals Office" campaign in the fall of 2009. This campaign sets out to empower local parents with the tools they need to effectively advocate for medically accurate, ageappropriate sex education within their own public school now THEREFORE, BE IT RESOLVED, that the Manhattan Borough Board supports Planned Parenthood of New York City's "We're Going to the Principals" campaign as a method to empower parents to advocate for sex education in their individual schools with their principals with the ultimate goal of increasing access to sex education for every New York City student. VOTE: 44 in Favor 1 Opposed 0 Abstention 0 Not Entitled c. Report waived Old/New Business Second Roll Call ­ Tom LaBarbara Meeting Adjourned at 10:30pm

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