Rezoning will create new affordable housing for thousands of New Yorkers
City Hall, December 21, 2009 – At today’s Stated Council meeting, the members of the City Council will vote on important land use legislation to rezone the Western Rail Yards in Western Manhattan and rezone 31 acres of Williamsburg’s Broadway Triangle in Brooklyn. Additionally, the Council will vote on legislation to:
Strengthen the City’s gun laws by increasing penalties for selling a toy gun by 500 percent
Improve local community input on New York City parks by requiring that park conservancies have at least one board member who lives in the Council district the park is located
Improve communication and notification procedures surrounding major transportation projects by requiring the Department of Transportation or other city agencies to notify affected Council Members and Community Boards
Help small businesses by easing licensing requirements for businesses with arcade games
Co-name 70 thoroughfares and public places throughout the City
The Council will also vote to override three mayoral vetoes.
WESTERN RAILYARDREZONING
The City Council will vote to rezone the Western Rail Yards (WRY). The rezoning plan will allow for the preservation of existing and the creation of new affordable housing for the neighborhood, the vast majority of which is permanent. The plan also allows for the development of 16,000 square feet of cultural space for the community and the creation of a new green space.
“The passing of the Western Rail Yard rezoning plan is a victory for our community,” said Council Speaker Christine C. Quinn. “This rezoning reflects years of conversations, outreach and input from community members. Soon, thousands of New Yorkers will have the opportunity for new affordable housing and cultural space right in their neighborhoods. A rezoning of this magnitude that unlocks an unprecedented amount of developmental potential would only be tenable with a guaranteed affordable housing program.”
New and Existing Housing Space: Over 20% of all residential units will be affordable and available to low, moderate and middle income New Yorkers. This will be possible through the development of City owned properties, on the Western and Eastern Rail Yards, and the preservation of existing neighborhood affordable housing buildings that are currently in danger of deregulation.
New Green Space: The Council was also able to address the increasing important need for green space in a neighborhood that desperately lacks sufficient park land. With this rezoning plan, the neighborhood will see the creation of new green space on the parcel of land currently owned by the Department of Environmental Protection, which will fund the cost of design and make a capital contribution to the eventual cost of construction
16,000 square feet of cultural space: Additionally, the Council has made significant progress in securing the commitment to develop 16,000 square feet of cultural space to be provided in multiple facilities. This will increase the likelihood that small neighborhood based organizations will be able to benefit from this space.
Members of Community Board 4 and the Clinton/Hell’s Kitchen neighborhood have been working on a vision for the Western Rail Yard for nearly a decade. The housing and cultural modifications to the plan translate into significant improvements for the community. In conjunction with the WRY project, other community victories include:
The development of more than 20% of all residential units in the WRY rezoning as affordable units. The vast majority of this affordable housing will be permanent;
The commitment to develop at least 50% 2 bedrooms or larger in the City owned housing sites, creating family sized housing the community needs;
The commitment from the Landmarks Preservation Commission to review the Community Board’s proposed Hell’s Kitchen South historic district and several individual landmarks;
The creation of a construction task force that will include any subcontractors of the Developer; and
The addition of the New York City Department of Parks and Recreation on the Open Space Governance Board. This board will be made up of representatives from the developer as well as the community and will be tasked with approving programming of the more than 5 acres of open space.
BROADWAY TRIANGLE
The Council will vote to rezone 31 acres in the converging Brooklyn neighborhoods of Williamsburg, Bedford-Stuyvesant and Bushwick. This plan will create a development of six sites in the Broadway Triangle Urban Renewal Area with 1, 851 residential units of which 46% will be affordable and mainly for low-income New Yorkers. The proposed development will also contain community facility and commercial uses.
TOY GUN LEGISLATION
Strengthening the City’s gun laws, the Council will vote on public safety legislation to increase penalties for selling a toy gun by 500 percent. The legislation will also enhance the Department of Consumer Affairs’ enforcement ability and allow the agency to shut stores that are repeat offenders of the law. Fines for a first violation will from $1,000 to up to $5,000. It would also increase the fines for subsequent violations within a two year period from $3,000 to up to $8,000. Finally, it would also permit DCA to seal, for up to five days, the premises of a store found guilty of three or more violations within a two year period.
“Despite the fact that New York City’s toy and imitation gun law has been in existence for several years many merchants continue to sell items that resemble real guns,” said Council Speaker Christine C. Quinn. “Our communities are at risk when they cannot tell a fake toy gun from a real one and the dangers these items present are all too real. Children have been hurt and even killed as a result of these guns being out in our communities.”
“Gun violence is plaguing the Bedford-Stuyvesant and Crown Heights neighborhoods that I represent, as well as communities across the city and country,” said Council Member Al Vann, prime sponsor of the bill. “When I introduced this legislation, my intentions were also to stem the glorification of guns within our communities, and push the businesses that we patronize to be responsible members of our neighborhoods. I will continue working to address gun violence and its underlying issues. In light of the senseless shooting that occurred in my district Sunday night, it is apparent that we must work more diligently to stem the violence that is afflicting our neighborhoods.”
“There is little debate that realistic-looking toy guns pose a serious threat to the safety and welfare of police officers and New Yorkers as a whole,” stated Deputy Majority Leader Leroy Comrie. “Sadly, violence resulting from toy guns has happened too many times in this city. This bill is a common sense solution to a very serious threat to our safety.”
Since 2002, DCA has removed more than 7,200 imitation guns from the shelves of nearly 240 stores throughout the city and levied $2.4 million in fines. Current New York City law prohibits the sale, possession, or use of any toy gun which “substantially duplicates or can be reasonably perceived to be firearm” and mandates that the exterior of all toy guns be brightly colored, transparent, or translucent.
LOCAL REPRESENTATION ON PARK CONSERVANCIES
Improving local community input on New York City park conservancies, the Council will vote to require that park conservancies have at least one board member who lives or runs a business in the Council district the park is located. Additionally, Council districts that abut the park will be required to have up to two representatives on the conservancy board. Presently, there is minimal public input in the process of awarding conservancies and determining their membership and there have been concerns that local communities are being shut out in the decision-making process. This legislation will assure greater transparency, accountability and community participation from the city’s park conservancies. There are already park conservancies that satisfy this requirement including Friends of the High Line and the Prospect Park Alliance.
“This is a much-needed piece of legislation that will assure greater transparency, accountability and community participation from our City’s park conservancies,” said Council Member Melissa Mark Viverito, lead sponsor of the bill. “Additionally, this Local Law will provide consistency in the composition of conservancy boards across the City. As conservancies make decisions about our city’s public parks, we must ensure that the perspectives of local residents are heard and part of the decision making processes.”
MAJOR TRANSPORTATION PROJECT NOTIFICATION
Improving communication and notification procedures surrounding major transportation projects, the Council will vote to require the Department of Transportation or other city agencies to notify affected Council Members and Community Boards of these projects through regular and electronic mail. With in seven days of receiving notice, Community Boards would be able to request a presentation of the project that would need to be made with in 30 days of the request. DOT would be required to consider recommendations from Council Members and Community Boards within seven days of the presentation and would be required to provide notice of whether it will amend its plan or proceed with its original plan. This bill would not apply to emergency construction would take effect one hundred twenty days after enacted into law.
ARCADE LICENSE LEGISLATION
The Council will vote to ease licensing requirements for businesses with arcade games. Current New York City law requires any establishment with five or more video games to obtain an arcade license from the Department of Consumer Affairs. Licensed arcades may only be located in certain areas of the city, including Times Square and Coney Island and no video gaming establishment may be within 200 feet of an elementary or secondary school, regardless of the number of games operated.
This legislation would:
Exempt establishments with nine or fewer video games from licensing requirements
Apply New York State truancy laws in the newly exempted establishments
Require the establishments to post a sign stating that persons under the age of 18 may not enter the premises between 9 a.m. and 3 p.m.
“I want to thank Speaker Quinn and my colleagues for their support on this legislation,” stated the bill’s prime sponsor, Deputy Majority Leader Leroy Comrie. “The original legislation surrounding this issue was passed by my predecessors to combat the rampant school truancy that was occurring because of the presence of large arcades in residential communities during that time. And we certainly do not want to see a return to those days. However, I am also concerned that legitimate small businesses are being hurt because of the restrictions of the current law. Local movie theaters, laundromats and bars are featuring amusement games as part of their attempt to draw consumers. In this tough economic recession, we will seek to enact legislation which I believe makes a minor adjustment that reflects the times we are living in.”
STREET CO-NAMING LEGISLATION
The members of the City Council will vote to co-name 70 thoroughfares and public places throughout the City. Voting on all 70 proposed co-namings together in an omnibus bill, these names include streets across the five boroughs in honor of:
New York State Senator John J. Marchi, Staten Island State Senator from 1956-2006, at the intersection of Nixon Avenue and Ward Avenue on Staten Island
Roger Laghezza, the co-founder of the Queens Gazette newspaper, at the intersection of 29th Street and 39th Avenue in Queens
Sugar Ray Robinson, famous New York boxer, on Adam Clayton Powell, Jr. Boulevard between 123rd Street and 124th Street in Manhattan
Lance Corporal Alberto Francesconi, killed in Afghanistan, at the intersection of East 187th Street and Park Avenue in the Bronx
Ken Siegelman, a long time social studies teacher at Abraham Lincoln High School, at West 5th Street between Avenue V and Wolf Place in Brooklyn
All 70 street co-names sponsored by 32 different Council members were found to meet the reformed guidelines for inclusion in the bill. To be considered for a street co-naming, proposed honorees must be either individuals who are deceased or New Yorkers of significant importance to New York City. Honored organizations must meet similar requirements.
Upon passage, this legislation will take effect immediately. Further information regarding each of the 70 co-namings can be found at: http://council.nyc.gov/downloads/pdf/winter_2009_street_renaming.pdf
AUTHORIZATION OF QUEENS BUSINESS AS A REGIONALLY SIGNIFICANT PROJECT
Promoting economic development in Queens’ Laurelton neighborhood and encouraging local businesses to stay in New York City, the Council will vote to authorize the designation of Epic Pharma LLC, a Queens-based pharmaceutical manufacturing company, as a Regionally Significant Project (RSP) under the State Empire Zones Program.
A Regionally Significant Project is a business enterprise that is eligible for Empire Zone benefits although it may not be physically located within an Empire Zone. Empire Zones are designated areas throughout the State that offer economic incentives to certified businesses. Such incentives include tax credits for hiring new employees as well as state sales tax refunds. In order to qualify as an RSP, businesses are required to create a certain minimum net number of new jobs and to make significant capital investments in their physical plant. Epic Pharma is projected to create at least 50 new jobs under the Empire Zone program.
“The passage of this legislation paves the way for Epic Pharma to obtain Regionally Significant Project Status, which will enable them to expand their operations, as well as retain 171 union jobs and create 50 new good paying jobs over 3 years, helping Southeast Queens to recover from the foreclosure crisis and severe recession,” said Economic Development Committee Chair Thomas White Jr.
JAMES ZADROGA 9/11 HEALTH AND COMPENSATION RESOLUTION
Written in response to the widespread and serious health impacts of the 9/11 tragedy, the Council will vote on a resolution commending the bi-partisan efforts of the New York State congressional delegation on the James Zagroga 9/11 Health and Compensation Act. Furthermore, the resolution calls for the House version of the bill to be amended to be more in line with the Senate version, which cuts the City’s responsibility of funding under the Act from a maximum of $500 million to a maximum of $250 million. Second, the resolution cites evidence tending to show a causal connection between cancers and exposure to 9/11 toxins, and calls on Congress to strongly consider adding cancer as an enumerated condition under the Act.
MITCHELL-LAMA PREFERENCE FOR VETERANS RESOLUTION
The Council will vote on a resolution urging the State Legislature to pass legislation that would give priority Mitchell-Lama housing admission to veterans of the Iraq, Afghanistan and Gulf Wars and to their widows and widowers and to widowers of Vietnam War-era veterans.
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT RESOLUTION
The Council will vote on a resolution urging Congress to pass legislation reauthorizing and enhancing the Juvenile Justice and Delinquency Prevention Act (JJDPA). The JJDPA provides federal funding for improvements in state and local juvenile justice systems. Specifically, it increases federal funding for prevention, intervention and treatment programs designed to reduce the incidence of juvenile crime, including programs for mentoring, aftercare, mental health and substance abuse treatment programs. The law also strengthens the federal-state partnership by increasing the research and technical assistance offered by the Office of Juvenile Justice and Delinquency Policy.
DREAM ACT RESOLUTION
The Council will vote on a resolution urging Congress to pass the Development, Relief, and Education for Alien Minors Act of 2009, also known as the DREAM Act of 2009. The DREAM Act would provide a path to citizenship for eligible undocumented immigrant students brought to the United States at a young age. Although undocumented youth can legally enroll in most colleges and universities, their immigration status makes it impossible for them to work legally in the United States and limits their eligibility for most forms of financial aid. As a result, these young people are often discouraged from applying to college.
CENSUS BUREAU RESOLUTION
The Council will vote on a resolution urging the Census Bureau to amend its policy to count prisoners individuals at their pre-incarceration addresses. Because so many of the country’s prisoners originate from underserved urban areas, further underrepresentation will only serve to exacerbate existing inequalities. Given that the vast majority of prisons in the United States are located in non-metropolitan areas, the continued inclusion of incarcerated individuals in their prisons’ census tracts unfairly compromises fair and accurate representation of urban areas. This can have a particularly profound effect on New York City, which supplies approximately two-thirds of the state’s prison population. The resulting misrepresentation and misallocation of resources will also have an effect on communities of color, which make up approximately 80% of the prison population in New York State.
ELECTION LAW RESOLUTION
The Council will vote on a resolution urging the New York State Legislature to amend the Election Law so that prisoners are counted as residents of the county in which they reside prior to incarceration, rather than as residents of the county in which they are detained.
The New York State constitution declares that a person’s residence does not change just because he or she is in prison. Despite this definition of residence, New York State law allows individual counties to decide whether or not to count prison populations for redistricting purposes. Sixteen counties currently include prison population data for reapportionment purposes, including five counties where the prison population exceeds 20 percent of the total population.
Counting prisoners in their county of incarceration as opposed to their pre-incarceration residence artificially strengthens the voting power of non-incarcerated residents of the prison’s county. Given the high incarceration rates in urban communities of color, this population shift can deprive underserved communities of much needed representation and resources.
KINGSBRIDGE ARMORY OVERRIDE
The City Council will vote to override a Mayoral veto and disapprove the land use plan to redevelop the Kingsbridge Armory in the Bronx.
CHANGES TO CLERGY PARKING RULES VETO OVERRIDE
The City Council will vote to override a Mayoral veto to change parking rules for members of the clergy. New changes will allow clergy members with parking permits to park for up to five hours near their place of worship, allow vehicles registered in any state to qualify for permits, and allow vehicles associated with a religious group which employs the clergy member to qualify for permits. Additionally, qualifying clergy members must work an average of 20 hours per week to qualify as a member of the clergy.
FIVE MINUTE PARKING GRACE PERIOD VETO OVERRIDE
The City Council will also vote to override a Mayoral veto to create a five minute grace period for New Yorkers who violate metered or alternate side parking restrictions. In FY 2008, the City issued close to 10 million parking tickets; of these tickets, 28,000 were issued at the exact moment that alternate side parking restrictions went into effect and 276,000 were issued within five minutes of alternate side parking going into effect. To address these types of infractions, the City used to have an informal grace period policy but this policy was subsequently eliminated.