Thursday, May 26, 2011

Property owners are told they cannot enter City Council Hearing on the BID today





About forty property owners patiently waited outside 250 Broadway today to testify against the formation of a Chinatown Business Improvement District. Today was the last chance for the public to testify in person if they supported or opposed the Chinatown BID's formation.
As the last few Chinatown Partnership Local Development employees passed through the metal detectors to go upstairs to the 16th floor hearing room, the remaining people on line, were told the hearing was closed. The video of what happened is posted here.

The security for 250 Broadway explains that the hearing is closed for the rest of the day, and a representative for the City Council explains in the video clip that a "list" of speakers is already determined and that if the property owners who showed up to speak are not on that list, then "you messed up". The Sargent at Arms for the City Council informed the property owners who wished to testify that he was told directly by the Chairman of the Finance committee that "those people who are scheduled to testify are being allowed up, if you are scheduled to testify...." "There is no list" said Jan Lee, property owner, "There IS a list, I told the finance chairman 'are you taking testimony?' he said 'only the people who are scheduled to testify'" Explained the Sargent at Arms. "So this was preset with the committee lawyers..... You guys didn't get on that list, then you guys messed up."
This is no way to treat Chinatown property owners who took time to come to what they thought would be an open and democratic process. The Chairman of the Finance committee sent a clear message that the Committee, its legal advisors and Councilmember Chin have taken "preset" lists of people to testify and closed out the rest of the opposition.
To support this bias towards BIDs is to support a failed and dysfunctional system of pay to play politics at its utter worst.


Asian American Legal Defense and Education Fund FOIL requests missing data of The Chinatown Partnership LDC

Asian American Legal Defense and Education Fund has used the Freedom of Information Law (FOIL) request to obtain missing information pertaining to The Chinatown Partnership Local Development Corporation, on behalf of Chinatown property owners and small businesses. The Chinatown Partnership is the entity that has been trying to morph into a Business Improvement District for Chinatown.
A Copy of the FOIL Request is below, which can be downloaded and/or printed:

Tuesday, May 24, 2011

Property Owners in the BID district must fill out this form to object to the Chinatown BID



Unfortunately there exist many obstacles for property owners and businesses who do not wish to be in a Chinatown Business Improvement District.

There is a deadline for the objection forms to be filed which is
June 25th 2011.

Under city law those wishing to object to the formation of a Business Improvement District must first obtain an official form at the City Clerk's office. Then property owners must get the signature notorized and then provide a copy of the deed for EACH property they own.
Although only property owner's forms are counted in the official vote, businesses are also welcome to object as this makes a clear statement to the City Council that indeed Chinatown businesses do not want a BID in their neighborhood.
If 51% or more of the properties in the BID district object to the BID, it will not happen.
Previous to this posting there is no convenient way for property and business owners to obtain the only official objection form recognized by the City Clerk of New York.

Well, with the help of volunteers we've gotten the proper form and made it available for anyone wishing to object to the Chinatown BID can PRINT OR DOWNLOAD (down arrow) either the English or Chinese form BELOW by clicking the button to the far right below the form

NOTE: THE CHINESE VERSION IS FOR REFERENCE ONLY!!!!
Only the ENGLISH VERSION may be submitted to the City Clerk's office.


This is the form translated in to Chinese, which also didn't exist until volunteers in the community took it upon themselves to do.

THIS IS FOR REFERENCE ONLY !!! Only the ENGLISH version of this will be accepted by the City Clerk !!!! DO NOT SEND IN THE CHINESE VERSION - ONLY THE ENGLISH ONE IS ACCEPTED.


for more information Jan Lee: 917-710-7503
Stephen Cheung (Chinese and English language) 718- 961-1272

Tuesday, May 17, 2011

Chinatown BID Hearing May 26th 10:am PUBLIC HEARING





CHINATOWN BID STEERING COMMITTEE
On behalf of
THE CITY COLNCIL
NOTICE OF A PUBLIC HEARING

The City Council, by resolution adopted on May 11,2011, set May 26,2011 as the date, 10:00 a.m. as the time, and the City Council Hearing Room, 16th Floor, 250 Broadway, New York, New York 10007, as the place for a public hearing (the "Public Hearing") to hear all persons interested in the proposed legislation which would establish the Chinatown Business Improvement District (the "District") in the Borough of Manhattan. The District shall be established in accordance with a district plan (the "District Plan") on file at the Office of the City Clerk.

The City Council has authorized the Chinatown BID Steering Committee to mail, on its behalfl this notice of the Public Hearing containing the information required by Section 25-406(c) of the Administrative Code of the City of New york and summarizing the resolution adopted.

The District Plan provides that the proposed District shall include properties in an area generally bounded by Broome Street to the north, Broadway to the west, Allen Street to the east, and Madison and Worth Streets to the south. Services in the District shall include, but not be limited to sanitation, holiday decorations, marketing, transportation management
and parking, advocacy, administration ofthe District and additional services required for the enjoyment and protection of the public and the promotion and enhancement of the District (hereinafter "services").

Pursuant to the District Plan, capital improvements (hereinafter "lmprovements") may include, but shall not be limited to: streetscape improvements;
sidewalk amenities such as lighting and street furniture; trees and plantings; open space enhancements and traffic calming improvements; and new trash receptacles. The Improvements shall be implemented on an as-needed basis.

During the existence of the BID, the maximum cost of the lmprovements, if any, shall not exceed $6,500,000. The District shall be managed by the chinatown District Management Association, Inc.
To defray the cost of Services and Improvements provided in the District, all real property in the District shall be assessed in proportion to the benefit such property receives from the Services and Improvements. Each property shall be assessed at a rate, determined annually by the Chinatown District Management Association, Inc., to yield an amount
sufftcient to meet the District's annual budget. The annual budget for the District's first year of operation is $1,300,000.
Those properties within the District which are devoted in whole or in part to retail, commercial or professional use, or mixed used with commercial and residential components shall constitute Class A properties and shall be assessed in accordance with the following formula:

Rate l: 0.5 xBudget-(TotalAssessmentsofClassB andC+Total$200&$5.000Assessments)
Total Class A, D, E, (0.5*F) & M Linear Front Feet (FF) Rate2: 0.5 xBudeet-(Total Assessments of ClassB andC +Total $200 & g5.000Assessments) Total Class A, D, E, (0.5*F) & M Assessed Value (AV)

Individual Assessment: (Rate I x Individual Property FF) + (Rate 2 x Individual Property AV)
For Class A property, there shall be a minimum assessment of $200 per annum. In addition, there shall be a maximum
assessment calculated as follows:
Maximum Assessment: Current Year Assessment Budget x $5.000
FY 2011 Assessment Budset For the first contract year, Rate I shall not exceed $15 per individual property linear front foot, and Rate 2 shall not exceed 0.0015 per each dollar ofindividual property assessed value.

Those properties within the District devoted in whole to residential uses shall constitute Class B properties and shallbe assessed at one dollar ($1.00) per tax lot per year.

Govemment and not-for-profit properties within the District devoted entirely to public or not-for-profit use shall constitute class C property and be exempt from District assessment. Govemment or not-for-profit owned property devoted in part to commercial or for-profit uses shall constitute class A property and the portion ofthe property devoted
to commercial/for-profit uses shall be assessed in the same manner as those properties listed in class A.

All vacant properties within the District, without structure or any commercial use, shall constitute Class D properties and shall be assessed at the Class A rate until such time as they receive a temporary certificate of
occupancy.

All properties within the District. used as parking lots shall constitute Class E properties and shall be assessed in the same manner as the Class A property.
All properties devoted in whole or in part to retail, commercial or professional use, or mixed-used with commercial and residential components, and located on one tax lot and within two business improvement districts, shall constitute class F properties and shall be assessed at 50-percent ofthe class A property rate.

All properties within the District devoted in part to commercial use and in part to residential condo or coop use shall constitute Class M propefty. The proportion ofthe property devoted to residential use shall be assessed at one dollar ($1.00) per annum. The proportion of the property, as determined by the Finance Department, devoted to commercial
use shall be assessed at the same rate as the Class A property.

The amount, exclusive ofdebt service, assessed and levied in any given year against benefited real properly within the District may not exceed twenty percent (20%) of the total general City taxes levied in such year against such properties.
Copies of the resolution adopted by the City Council, which include a copy of the District Plan, are available for public inspection from 9:00 A.M. to 4:00 P.M. Monday through Friday at the Office of the City Clerk located at 141 Worth Street, New York, New York 10013. In addition, copies of the resolution are available free of charge to the public at the Office of the City Clerk.

Any owner of real property, deemed benefited and therefore within the District, objecting to the District Plan, must file an objection at the Office of the Cif Clerk, on forms made available by the City Clerk, within thirty (30) days of the close of the Public Hearing concerning the establishment of the proposed District. If owners of at least fifty-one percent
(5 1%) of the assessed value of benefited real property situated within the boundaries of the District proposed for establishment, as shown on the latest completed ass€ssnieiit roli of the Ci6r, or at least fifty-one percent (5104) of the owners of benefited real property within the area included in the District proposed for establishment file objections with
the City Clerk, the District shall not be established.

Friday, May 13, 2011

Details of the bill introduced by Margaret Chin - No Liquids on City Sidewalks


As a courtesy to local businesses The Civic Center Residents Coalition is circulating this detailed description of the bill introduced into the City Council by Council Member Margaret Chin.
To our knowledge at this time this detailed information is not translated into Chinese and Spanish.

A Local Law to amend the administrative code of the city of New York, in relation to requiring the cleaning of liquid on a sidewalk, flagging or curbstone generated by trash placed curbside for collection and allowing the use of a hose to conduct such cleaning during times otherwise proscribed by such code.

Be it enacted by the Council as follows:

Section 1. Subdivision 2 of section 16-118 of the administrative code of the city of New York is
amended by adding a new paragraph c to read as follows:

(c)(1) Every owner, lessee, tenant, occupant or person in charge of any food or beverage service
establishment shall properly clean any liquid found on any sidewalk, flagging or curbstone resulting from the placement of garbage bags or waste receptacles for collection at or near any such location by any such person.

Where collection of waste for any such establishment is scheduled to occur during such establishment’s regular The New York City Council Page 1 of 4 Printed on 5/13/2011
powered by Legistar™ File #: Int 0453-2011, Version: *
Where collection of waste for any such establishment is scheduled to occur during such establishment’s regular hours of operation, the owner, lessee, tenant, occupant or person in charge of such establishment shall properly clean any such liquid within one hour of waste collection. Where collection of waste for any such establishment is not scheduled to occur during such establishment’s regular hours of operation, the following

cleaning requirements shall apply: (i) where such collection is scheduled to occur before midnight, the owner, lessee, tenant, occupant or person in charge of such establishment shall properly clean any such liquid on the next day of business by the later of 7:00 a.m. or two hours before the time at which such establishment reopens for business; (ii) where such collection is scheduled to occur after midnight, the owner, lessee, tenant, occupant
or person in charge of such establishment shall properly clean any such liquid by the later of 7:00 a.m. on the day that collection is scheduled to occur or two hours before the time at which such establishment reopens for business on such day. If the food or beverage service establishment is not open for business on such day, the cleaning requirements of subparagraph i of this paragraph shall apply.

(2) For purposes of this subdivision, “food or beverage service establishment” shall mean any
establishment that serves food or beverages that is required to be permitted pursuant to articles 85, 87, 88, or 89 of the New York city health code or any beverage service establishment required to be licensed pursuant to section 100 of the New York state alcoholic beverage control law that sells beverages for on-premises consumption.

§ 2. Subdivision 9 of section 16-118 of the administrative code of the city of New York is amended, subdivisions 10 and 11 of such section are renumbered as subdivisions 11 and 12, respectively, and as renumbered, subdivision 11 is amended, and a new subdivision 10 is added to read as follows:

9. Except for any violation of paragraph c of subdivision two of this section, any violation of
subparagraph one of paragraph b or paragraph c of subdivision seven of this section by a person using or operating a motor vehicle, [or ]any violation of subparagraph two of paragraph b of subdivision seven of this section, or any violation of paragraph d of subdivision seven of this section, any person violating the provisions of this section shall be liable for a civil penalty of not less than fifty dollars nor more than two hundred fifty The New York City Council Page 2 of 4 Printed on 5/13/2011
powered by Legistar™
File #: Int 0453-2011, Version: *
of this section shall be liable for a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars, except that for a second violation of subdivision one, three, four, or six of this section within any twelve-month period, such person shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than three hundred fifty dollars and for a third or subsequent violation of subdivision one, three, four or six of this section within any twelve-month period such person shall be liable for a civil penalty of not less
than three hundred fifty dollars nor more than four hundred fifty dollars.
10. Any person who violates paragraph c of subdivision 2 of this section shall be liable for a civil
penalty of not less than one hundred dollars nor more than five hundred dollars, except that for a second violation of such subdivision within any twelve-month period, such person shall be liable for a civil penalty of not less than five hundred nor more than six hundred dollars and for a third or subsequent violation of such subdivision within any twelve-month period such person shall be liable for a civil penalty of not less than seven hundred dollars nor more than nine hundred dollars.

[10] 11 . In the instance where the notice of violation, appearance ticket or summons is issued for
breach of the provisions of this section and sets forth thereon civil penalties only, such process shall be returnable to the environmental control board, which shall have the power to impose the civil penalties hereinabove provided in [subdivision]subdivisions nine and ten of this section.
§ 3. Section 24-332 of title 24 of the administrative code of the city of New York is amended to read as follows:
§ 24-332 Use of water through hose. [It] Except for the purposes of cleaning liquids by an owner, lessee, tenant, occupant or person in charge of a food or beverage service establishment as provided in paragraph c of subdivision 2 of section 16-118 of this code, it shall be unlawful for any person to wash any street, sidewalk, areaway, steps, building or other place in the city by means of a hose or piping, or to use water through a hose or sprinkler for watering lawns or gardens, or to operate any outside shower where the water runs upon a street, sidewalk, or other public place between the first day of November and the last day of March
The New York City Council Page 3 of 4 Printed on 5/13/2011
powered by Legistar™
File #: Int 0453-2011, Version: *
following.
§ 4. This local law shall take effect immediately.
JJH - LS 1511
12/15