Stated Meeting 9/19/95
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SUPPLEMENT TO THE CITY RECORD THE COUNCIL —STATED MEETING OF WEDNESDAY, OCTOBER 30, 2013 . THE COUNCIL In the name of Allah almighty the most gracious, the most merciful. By the time man is in loss Minutes of the Proceedings for the verily man is in loss STATED MEETING except to those who believe in Almighty. of Then they do righteous. Wednesday, October 30, 2013, 4:45 p.m. They commend one another to the truths. They commend one another with patience. The President Pro Tempore (Council Member Rivera) Oh Almighty bless you, Acting Presiding Officer Your bounty, your blessing on us and accept our service Amen. Council Members Christine C. Quinn, Speaker Council Member Dickens moved to spread the Invocation in full upon the Record. Charles Barron Daniel J. Halloran III James S. Oddo Gale A. Brewer Vincent M. Ignizio Domenic M. Recchia, Jr. At this point, the Speaker (Council Member Quinn) asked for a Moment of Silence in memory of the following individual: Fernando Cabrera Robert Jackson Donovan J. Richards Margaret S. Chin Letitia James Joel Rivera Leroy G. Comrie, Jr. Andy L. King Ydanis A. Rodriguez Former U.S. Congress Member Major Owens from Brooklyn, passed away on Elizabeth S. Crowley Peter A. Koo Deborah L. Rose October 21, 2013 at the age of 77 due to complications from renal and heart failure. Inez E. Dickens G. Oliver Koppell Eric A. Ulrich Congress Member Owens served twelve terms in Congress from 1983 to 2006. He was a strong supporter of education and the labor and immigration movements. Erik Martin Dilan Karen Koslowitz James Vacca Congress Member Owens was a House floor manager for the passage of the Daniel Dromm Bradford S. Lander Peter F. Vallone, Jr. Americans with Disabilities Act of 1990 and was a contributor and author of many other important pieces of legislation. He is survived by his wife, three brothers and a Mathieu Eugene Jessica S. Lappin Albert Vann sister, his children and his grandchildren. The floor was yielded to Council Member Daniel R. Garodnick Stephen T. Levin James G. Van Bramer Vann who spoke in respectful memory of his colleague, Congress Member Major James F. Gennaro Melissa Mark-Viverito Mark S. Weprin Owens. Vincent J. Gentile Darlene Mealy Jumaane D. Williams * * * Sara M. Gonzalez Rosie Mendez Ruben Wills David G. Greenfield Michael C. Nelson During the Meeting, The Speaker (Council Member Quinn) recognized Patricia Lewsley and her family in the Chambers. Ms. Lewsley is Northern Ireland Excused: Council Members Arroyo, Ferreras, Fidler, Palma, and Reyna. Commissioner for Children and Young People and was a past Grand Marshal of Sunnyside’s St. Patrick’s Day for All Parade. The Speaker (Council Member Quinn) also thanked Council Member Dromm and Brendan Fay for hosting the Lewsley There is one vacancy presently in the Council (16th Council District, The family. In addition, the Speaker (Council Member Quinn) noted that Bronx) pending the swearing-in of the certified winner of the November 5, 2013 environmental advocate Council Member Gennaro appeared that month on the General Election for this seat. cover of the national magazine Oil and Energy. Also during the Meeting, the President Pro Tempore (Council Member Rivera) The Majority Leader (Council Member Rivera) assumed the Chair as the and the Speaker (Council Member Quinn) both recognized the presence of the President Pro Tempore and Acting Presiding Officer. following Democratic Party Council candidate Primary winners in the Chambers: Assembly Members Inez D. Barron, Assembly Member Rafael L. Espinal, Jr., After being informed by the City Clerk and Clerk of the Council (Mr. Assembly Member Vanessa L. Gibson, Andrew Cohen, and Carlos Menchaca. McSweeney), the presence of a quorum was announced by the President Pro Tempore (Council Member Rivera). ADOPTION OF MINUTES There were 45 Council Members marked present at this Stated Meeting held in the Council Chambers of City Hall, New York, N.Y. 10007. Council Member Jackson moved that the Minutes of the Stated Meeting of September 24, 2013 be adopted as printed. INVOCATION The Invocation was delivered by Imam Souleiman Konate, Masjid Aqsa, 2136 Frederick Douglass Blvd., New York, NY 10026. CC2 COUNCIL MINUTES — STATED MEETING October 30, 2013 corporation1, serving the public objective2 of facilitating and administering certain LAND USE CALL UPS economic development operations of the City of New York. EDC carries out its economic development responsibilities through the development and financing of commercial, industrial, cultural and residential projects M-1303 designed to increase employment, economic activity and tax revenue within the city.3 By Council Member Gentile: EDC accomplishes these objectives by conveying capital funding, tax benefits, city real estate and other assets to private entities to incentivize businesses to expand or Pursuant to Rule 11.20(b) of the Council Rules and Section 197-d (b)(3) of the relocate within the city.4 Before EDC may convey capital funds or city real estate to New York City Charter, the Council hereby resolves that the action of the private entities, authorization by the City Council and other public bodies must City Planning Commission on Uniform Land Use Review Procedure occur.5 Application no. C 130266 PPK shall be subject to Council review. Over the last two decades, EDC has initiated more than 600 economic development projects conferring tax benefits6 and interests in city-owned land.7 In Coupled on Call – Up Vote. fiscal year 2012, EDC provided private businesses more than $66 million in tax benefits, and conveyed more than $28 million in city-owned land.8 EDC operates pursuant to contracts with the SBS under which EDC is M-1304 empowered to sell or lease city-owned land9 and use tax benefits to incentivize By the Chair of the Land Use Committee Council Member Comrie: economic development projects.10 There are two annually renewed contracts11 through which EDC operates: the Master Contract and the Maritime Contract.12 Pursuant to Rule 11.20(c) of the Council Rules and Section 197-d (b)(3) of the Among the terms of the Master contract are requirements that EDC (1) devise and New York City Charter, the Council hereby resolves that the action of the oversee projects for commercial and industrial development; (2) stabilize and City Planning Commission on Uniform Land Use Review Procedure improve industrial areas within the city; and (3) manage and maintain city-owned Application no. C 070250 MMK shall be subject to Council review. These properties.13 The Maritime contract requires EDC to manage and promote the items are related to Application nos. C 080322 ZMK and N 110179 ZRK operations of the city’s maritime business and waterfront properties which include which are subject to Council review pursuant to Section 197-d of the New promoting the city as a center of freight transport, marketing and managing maritime York City Charter. related properties and assets, and the negotiation of agreements for permits, franchises and concessions related to maritime commercial opportunities.14 Coupled on Call – Up Vote. EDC’S Corporate Restructuring LAND USE CALL UP VOTE Until November 2012, EDC’s not-for-profit corporate status was distinguished by an additional corporate classification as a “special”15 not-for-profit corporation known as a Local Development Corporation (LDC).16 LDC’s are not- The President Pro Tempore (Council Member Rivera) put the question whether for-profit corporations endowed with ‘special’ powers not available to other not-for- the Council would agree with and adopt such motions which were decided in the profit corporations. One such power is the ability of an LDC to purchase or lease affirmative by the following vote: city-owned real property without first obtaining an appraisal or conducting public bidding for such city-owned property.17 Concurrent with unique powers, LDC’s have Affirmative – Barron, Brewer, Cabrera, Chin, Comrie, Crowley, Dickens, Dilan, a unique restriction under state law which prohibits them from engaging in activity to Dromm, Eugene, Garodnick, Gennaro, Gentile, Gonzalez, Greenfield, Halloran, “influence legislation by propaganda or otherwise”.18 Instead, LDC’s are only Ignizio, Jackson, James, King, Koo, Koppell, Koslowitz, Lander, Lappin, Levin, permitted to communicate with federal, state and local government representatives Mark-Viverito, Mealy, Mendez, Nelson, Recchia, Richards, Rodriguez, Rose, Ulrich, concerning development projects where the LDC can only disseminate information, Vacca, Vallone Jr., Van Bramer, Vann, Weprin, Williams, Wills, Oddo, Rivera and furnish advice and technical assistance.19 the Speaker (Council Member Quinn) – 45. Lobbying Activity At this point, the President Pro Tempore (Council Member Rivera) declared the aforementioned items adopted and referred these items to the Committee on Land for the Lower Ma Use and to the appropriate Land Use subcommittee. 1 Originally incorporated in June 27, 1966 as the New York City Public Development Corporation and subsequently merged with the Financial Services Corporation of New York City 1991 to carry out economic development services for the city. See: Bylaws of New York City Economic Development Corporation (effective November 1, 2012) and Audit Report of the Financial and REPORTS OF THE STANDING COMMITTEES Operating Practices of the New York City Economic Development Corporation and Compliance with its Master and Maritime Contracts, July 1, 2005 – June 30, 2008, FN09-104A, April 27, 2010. 2 See generally, Not-for-Profit Corporation Law, Section 102(5). 3 New York City Economic Development Corporation, Annual Investments Project Report, 2011. Report of the Committee on Economic Development 4 Economic Development Corporation, website, http://www.nyc.gov/edc. 5 New York City Charter Section 254 requires adoption of the capital and expense budget by the City Council and Charter Section 197-c and d, referring to the role of the various public bodies, including the Council, city planning commission, borough president, borough board and the Report for Int.