City Council Finance Committee and Full City Council vote on The Chinatown B.I.D. Wed. Sept 21st 2011

The City Council Finance Committee chaired by Dominic Recchia

will vote on the Chinatown Business Improvement District

Wednesday Sept 21st 2011

at 250 Broadway 16th floor.

Later in the afternoon,

The full City Council will vote (presuming the finance committee votes "yes" on the B.I.D.)

at 1:pm 

at 49-51 Chambers Street (former Emigrant Savings Bank)

for more information on 

what YOU can do if you oppose the 

formation of the Chinatown B.I.D. 

go to 

www.nochinatownbid.org and follow the steps to contact the Finance Committe

BEFORE the vote.

spectators allowed but no testimony will be taken, seating limited

City Council Finance Committee tries for another Hearing on the Chinatown B.I.D. SEPT. 7th '11

Councilmember Margaret Chin has sent out a notice to an undetermined number of property owners in Chinatown announcing another hearing by the Finance Committee of the City Council chaired by Councilmember Dominic Recchia, about the Chinatown Business Improvement District, on September 7th at 12:pm at Emigrant Savings Bank49-51 Chambers Street.

Councilmember Margaret Chin

This time Councilmember Chin, who is of Chinese descent and has a history in Chinatown in one form or another over the last forty years, decided to translate the notice into Chinese (on the back of the notice) and sent a notice directly from her office.

A previous one sheet notice was sent to some property owners and residential tenants in Chinatown by the Chinatown Partnership LDC (not by Chin's office) about the May 26th Finance Committee hearing on the BID. That notice was sent on May 13th, but had no Chinese translation, a point that was raised by Councilmember Reyna at the hearing. Although Wellington Chen claims" it cannot be bi-lingual because the law says it can only be one piece, double-sided, in English" and therefore didn't allow for additional pages for Chinese translation, we could not find anywhere in the BID law that notices of finance committee hearings mailed to property owners must be this way. We must find, therefore, that this omission was a deliberate attempt to ensure the least possible number of property owners attending the hearing of May 26th.

A Chinatown property owner reported that she spoke to Tanisha Edwards, Counsel for the City Council, regarding this hearing on September 7th and this is what she said: "Spoke briefly to Tanisha Edwards, counsel for Finance Committee of the City Council. She said that they will expect everyone who wanted to speak will have a chance to do so at this meeting. There will be 200 seats at the Emigrant Savings Bank auditorium. When I asked how early will we have to show up to get in to speak she said the speakers will start at 12:01pm sharp and there would be no problem. When I referred to that other meeting, she insisted it would not be a problem. "This is an oversight meeting so we want to hear from everyone." I plan to bother her one more time asking if we had to register ahead of time. "

The last hearing on the Chinatown BID by the Finance Committee was a total fiasco which included Chinatown property owners being shut out of the hearing at 250 Broadway. After building security told property owners who were waiting to be checked into the building that the hearing was "closed for the day," a spokesman for the City Council told the property owners that a special list existed for speakers to register in advance, and that speakers would have to be cleared with the Council attorneys. The Sargent at Arms for the City Council berated property owners for "messing up". This has yet to be determined, whether a special list of speakers indeed exists. Normally anyone wishing to testify at an open hearing does not have to pre-register or check in with the Councilmembers with an attendance list. A favorite tactic of the Chinatown Partnership, the entity pushing to form the BID, is to pack the room with paid CPLDC employees and non-testifying "supporters" from community boards and other BIDs so that there is no room for property owners. Likely this tactic will be futile this time around.

Perhaps realizing the implications of shutting out legitimate discourse and dialogue opposing the Chinatown BID, the City Council Finance Committee and Councilmember Margaret Chin have scheduled this additional "exploratory" hearing on the BID.

What: City Council Finance Committee Exploratory hearing on the Chinatown B.I.D.
Where: Emigrant Savings Bank 49-51 Chambers Street Manhattan
Time: 12:pm noon
When: September 7th
ATTENDEES MUST ARRIVE NO LATER THAN 11:AM, speakers must sign up immediately to fill out speaker cards.

Questions: Property Tax Payers Corp. / No Chinatown BID: 917-710-7503 Jan Lee
Margaret Chin's office: 212 788-7259

IF YOU CANNOT ATTEND, you may FAX your statement about the Chinatown BID to Tanisha Edwards at:
212-788-7061

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.

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.

The Lodownny covers the Council hearing on intro 1063

This is from Ed from www.thelodownny.com , thanks Ed for sharing this with the Chinatown community :

City Councilmember John Liu grilled a Department of Transportation official this morning about the agency's dealings with the community in Chinatown over the reconstruction of Chatham Square. Liu, chair of the Council's transportation committee and almost certainly NYC's next comptroller, was presiding over a hearing to consider two bills that would require the DOT to notify residents about major construction projects and seek out feedback from impacted communities.

The bills, proposed by Councilmembers Alan Gerson and Vincent Gentile, are meant to address concerns that in cases like Chatham Square and the controversial Grand Street bike lanes, the DOT has kept residents in the dark and has made changes that are potentially dangerous and harmful to local businesses.

DOT spokesman David Wallach defended the agency's outreach efforts, saying they have gone to extraordinary lengths to solicit opinions from residents and get the word out about ongoing projects. He said the DOT is concerned the proposed bills would delay necessary road work, and possibly put lives at risk. Wallach said he was confident the Council was not advocating a "rigid and parochial approach," but suggested that's the impact these bills would likely have.

Liu said he found that point of view "disturbing." He acknowledged that there have been projects in which the DOT has worked well with communities. But in a tense exchange, he argued that Chatham Square has seriously damaged the city's credibility in Chinatown:




Earlier this year, the city declared it was going ahead with the Chatham Square plan, in spite of widespread opposition in Chinatown. Then, in June, DOT Commissioner Janette Sadik-Khan, speaking at a private political gathering, indicated the project would be delayed. Finally, last month, the DOT announced it would be shelved for two years because the Brooklyn Bridge revamp was a higher priority.

Jan Lee, a Chinatown community leader, isn't buying the DOT's shifting explanations. He's convinced the delay is all about election year politics. And he was especially critical of the way the decision to delay was revealed - in Sadik-Khan's closed-door meeting.







The Council is in the preliminary stages of drafting these bills. With John Liu's impending departure, the fate of the legislation is uncertain. Another complication: Alan Gerson, having lost his bid for re-election, will not be able to see his own bill through the Council. His (all but certain) successor, Margaret Chin, was highly critical of the DOT's outreach efforts during the campaign - but has not yet weighed in on specific legislation. She was present in City Council Chambers for some of this morning's testimony.

City Council Candidate Margaret Chin on Chatham Square

click here to see video:City council candidate Margaret Chin shares her views on Chatham Square with the Civic Center Residents Coalition.

Where's John?

We've heard from Councilman Alan Gerson (see posting below for his transcript) and we've heard from Assembly Speaker Sheldon Silver (see his transcript below) who have both weighed in on Chatham Square. Their message is united with the Chinatown community : "we reject this plan" "it needs more community input" "Open Park Row".

Both Councilman Gerson and Speaker Silver have been in constant contact with community leaders on Chatham Square's reconstruction, and they vowed to continue a dialogue.

Notably absent from this discussion is Councilman John Liu, the Chair of the Transportatin Committee of the City Council.

John Liu, as Chair of Transportation, was there to hear testimony on illegal placard parking rampant in Chinatown, but on this issue he is silent and perhaps deaf.

Consider this the first of many "Shout outs" John.