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Stated Meeting of Tuesday, April 29, 2014

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Stated Meeting of Tuesday, April 29, 2014 THE COUNCIL STATED MEETING OF TUESDAY, APRIL 29, 2014 THE COUNCIL with the brilliance of a million suns, to remove all obstacles today and for always for this Council; Minutes of the Proceedings for the and may we achieve STATED MEETING peace, peace, peace onto us all. of Tuesday, April 29, 2014, 1:41 p.m. Thank you. The Public Advocate (Ms. James) Council Member Dromm moved to spread the Invocation in full upon the Acting President Pro Tempore and Presiding Officer Record. Council Members At this point, the Speaker (Council Member Mark-Viverito) asked for a Moment Melissa Mark-Viverito, Speaker of Silence in memory of the following individual: Maria del Carmen Arroyo Vincent J. Gentile Carlos Menchaca Inez D. Barron Vanessa L. Gibson I. Daneek Miller Basil Paterson, 87, political leader, labor lawyer, and member of the influential “Gang of Four” Democrats from Harlem, died on April 16, 2014. He leaves behind Fernando Cabrera David G. Greenfield Annabel Palma his wife Portia, and their two sons Daniel Paterson and former New York State Margaret S. Chin Vincent M. Ignizio Antonio Reynoso Governor David Paterson. At this point, the Speaker (Council Member Mark- Viverito) yielded the floor to Council Member Dickens who spoke in respectful Andrew Cohen Corey D. Johnson Donovan J. Richards memory of Basil Paterson. Costa G. Constantinides Ben Kallos Ydanis A. Rodriguez Robert E. Cornegy, Jr. Andy L. King Deborah L. Rose LAND USE CALL UPS Elizabeth S. Crowley Peter A. Koo Helen K. Rosenthal Laurie A. Cumbo Karen Koslowitz Ritchie J. Torres M-49 Chaim M. Deutsch Rory I. Lancman Mark Treyger By Council Member Garodnick: Inez E. Dickens Bradford S. Lander Eric A. Ulrich Pursuant to Rule 11.20b of the Council and §20-226 or §20-225 of the New York Daniel Dromm Stephen T. Levin James Vacca City Administrative Code, the Council resolves that the action of the Rafael L. Espinal, Jr. Mark Levine Paul A. Vallone Department of Consumer Affairs approving an unenclosed sidewalk café located at 963 Lexington Avenue, Community Board No. 8, Application no. Mathieu Eugene Alan N. Maisel James G. Van Bramer 20145032 TCM shall be subject to review by the Council. Julissa Ferreras Steven Matteo Mark S. Weprin Daniel R. Garodnick Darlene Mealy Jumaane D. Williams Coupled on Roll Call. Ruben Wills Excused: Council Member Mendez. LAND USE CALL UP VOTE The Public Advocate (Ms. James) assumed the Chair as the Acting President Pro Tempore and Presiding Officer. The Public Advocate (Ms. James) put the question whether the Council would agree with and adopt such motion which was decided in the affirmative by the After consulting with the City Clerk and Clerk of the Council (Mr. McSweeney), following vote: the presence of a quorum was announced by the Public Advocate (Ms. James). Affirmative – Arroyo, Barron, Cabrera, Chin, Cohen, Constantinides, Cornegy, There were 50 Council Members marked present at this Stated Meeting held in Crowley, Cumbo, Deutsch, Dickens, Dromm, Espinal, Eugene, Ferreras, Garodnick, the Council Chambers of City Hall, New York, N.Y. Gentile, Gibson, Greenfield, Johnson, Kallos, King, Koo, Koslowitz, Lancman, Lander, Levin, Levine, Maisel, Matteo, Mealy, Menchaca, Miller, Palma, Reynoso, Richards, Rodriguez, Rose, Rosenthal, Torres, Treyger, Ulrich, Vacca, Vallone, INVOCATION Weprin, Williams, Wills, Ignizio, Van Bramer, and the Speaker (Council Member Mark-Viverito) – 50. The Invocation was delivered by Anindita ChatterjeeBhaumik, 23-25 90th Street, East Elmhurst, New York 11369. At this point, the Public Advocate (Ms. James) declared the aforementioned item adopted and referred this item to the Committee on Land Use and to the appropriate Om, Om, Om Land Use subcommittee. (Prayer in Hindu sung) We pray to Lord Ganesha, the remover of all obstacles, to bless us; this one with the massive appearance, with the crooked trunk, CC2 COUNCIL MINUTES — STATED MEETING April 29, 2014 REPORTS OF THE STANDING COMMITTEES TITLE: A Local Law to amend the SPONSOR(S): By Council Member administrative code of the city of New Ferreras (by request of the Mayor) York, in relation to amending the Reports of the Committee on Finance district plan of the Downtown-Lower Manhattan business improvement Report for Int. No. 192 district to change the method of Report of the Committee on Finance in favor of approving and adopting a Local assessment upon which the district Law to amend the administrative code of the city of New York, in relation charge is based. to amending the district plan of the Downtown-Lower Manhattan business improvement district to change the method of assessment upon which the SUMMARY OF LEGISLATION: Intro 1186 amends Chapter 5 of title 25 of the district charge is based. administrative code of the city of New York by adding a new section 25-442.3 in relation to amending the district plan of the Downtown-Lower Manhattan business improvement district to change the method of assessment upon which the district The Committee on Finance, to which the annexed proposed local law was charge is referred on March 26, 2014 (Minutes, page 815), respectfully The Downtown Alliance BID seeks a District Plan Amendment to require the REPORTS: commercial portion of a mixed use property to be assessed at the commercial rate, rather than the residential rate of $1. Currently, there are approximately 5,366 total properties (inclusive of all use types – commercial, residential, non-profit and INTRODUCTION government that pay the $15.78 million annually. It is notable that this amount is paid by 601 commercial properties. This amendment would affect approximately 87 tax This proposed local law would amend the district plan of the Downtown-Lower lots, and the average amount that the property owners for these lots would pay is Manhattan business improvement district to change the method of assessment upon $1,759.37. Six of those lots will be assessed between $5,000 and $18,000, which which the district charge is based. This change would be effective immediately drives up the average. 49 of the 87 will be assessed $1,000 or less. ANALYSIS: This change would result in approximately $120,000 additional assessment dollars to be spread about the properties impacted by the change (i.e. those mix-use buildings with commercial space that were previously not assessed). Pursuant to § 25-410(b) of the Administrative Code, a BID may make amendments to its District Plan to: 1) provide for additional improvements or services; 2) provide for a change in the method of assessment upon which the district charge is based; or 3) increase the amount to be expended annually for EFFECTIVE DATE: This local law would take effect immediately and shall be improvements, services, and maintenance by means of the adoption of a local law retroactive to and deemed to amending the BID’s district plan. Such a local law may be adopted by the City have been in full force and effect as of January 1, 2014. Council after a determination that it is in the public interest to authorize such change, and that the tax and debt limits prescribed in section 25-412 of the Administrative Code will not be exceeded. Notice of the hearing on this local law must be published in at least one newspaper having general circulation in the district specifying the time FISCAL YEAR IN WHICH FULL FISCAL IMPACT ANTICIPATED: Fiscal 2014 and the place where the hearing will be held and stating the proposed change in the method of assessment upon which the district charge in the BID is based. FISCAL IMPACT STATEMENT: Although this is the only relevant legal requirement for the provision of notice Succeeding Full Fiscal prior to the Council approving the BID, the Finance Committee Chair has informed Effective FY Effective FY: FY Impact FY 2014 the Department of Business Services that it desires written notices of the proposed 2014 2015 change in the method of assessment. On April 10, 2014, the City Council adopted Proposed Resolution 132-A, which Revenues (+) $0 $ 0 $ 0 set today, April 29, 2013 as the hearing date to consider amendments to the Expenditures (-) $0 $ 0 $ 0 Downtown-Lower Manhattan BID’s district plan. Plan Amendment Net $0 $ 0 $ 0 The Downtown Alliance BID seeks a District Plan Amendment to require the IMPACT ON REVENUES AND EXPENDITURES: This local law would result in commercial portion of a mixed use property to be assessed at the commercial rate, no fiscal impact upon the City's revenues or expenditures. Under the Code, proceeds rather than the residential rate of $1. Currently, there are approximately 5,366 total authorized to be assessed by the District are collected by the City on behalf of the properties (inclusive of all use types – commercial, residential, non-profit and District. None of these proceeds are proceeds of the City and they may not be used government that pay the $15.78 million annually. It is notable that this amount is paid for any purpose other than those set forth in the BID’s District Plan. by 601 commercial properties. This amendment would affect approximately 87 tax lots, and the average amount that the property owners for these lots would pay is SOURCE OF FUNDS TO COVER ESTIMATED COSTS: Not applicable $1,759.37. Six of those lots will be assessed between $5,000 and $18,000, which drives up the average. 49 of the 87 will be assessed $1,000 or less. SOURCE OF INFORMATION: New York City Council Finance This change would result in approximately $120,000 additional assessment Division dollars to be spread about the properties impacted by the change (i.e. those mix-use Department of Small Business Services buildings with commercial space that were previously not assessed).
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