February 2010

WHEREAS, The applicant is proposing to replace an existing old newsstand with a new newsstand on the northwest corner (NWC) of 46^th Street and Broadway and to relocate the newsstand to the north by about 15 feet; and

WHEREAS, The application is being made at the specific request of American Eagle (AE), the retail tenant of the building in front of the existing newsstand, which has undertaken an extensive renovation of the store and the sidewalk ($90 Million invested according to AE's representative); 

WHEREAS, The existing newsstand is located directly in front of the entrance to AE's store; and

WHEREAS, The existing newsstand is an eyesore; and

WHEREAS, The proposed newsstand would be entirely within the AE store's frontage and will not adversely impact the area anymore than the existing newsstand; and

WHEREAS, The proposed newsstand would be an improvement in design and aesthetics over the existing one; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install a newsstand at the NWC of 46^th Street and Broadway.

The above resolution passed  by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, University Club, 3 West 54th Street, is an individual landmarked building, designed by the eminent architectural firm, McKim, Mead and White, in the style of a grand Italian palazzo and was built in 1899; and

WHEREAS, The building has had a persistent problem with pigeons nesting in the open shaft between the main building and the annex on West 54th Street,  resulting in damage from pigeon droppings to the exterior of the building; and

WHEREAS, Previous attempts to resolve this problem have been unsuccessful; and

WHEREAS, The University Club has applied to LPC to install a bird netting system  on East 54^th Street in the open shaft to prevent further damage to the buildings from pigeons; and

WHEREAS, The netting material will be anchored by small stainless steel fixtures into the mortar, not into the limestone; and

WHEREAS, The netting is not on the main facade on Fifth Avenue; and

WHEREAS, The webbing material is thin and black, almost invisible to the naked eye, and will be recessed at the corner returns; and

WHEREAS, The netting begins at the second floor level making it even less visible from the public way; and

WHEREAS, It is expected that the netting will prevent further damage to the landmarked building; therefore, be it

RESOLVED, That Community Board Five Landmarks Committee recommends approval of the application by the University Club to install a netting system in the open shaft between the main building and the annex at 3 West 54th Street .

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining, 1 present but not entitled to vote.

WHEREAS, 39 West 19th Street, n/s between Fifth and Sixth Avenues, is a twelve story Neo-Renaissance store and loft building, designed by Maynicke & Granke, built in 1910, located in the Ladies Mile Historic District; and

WHEREAS, The street level facade storefronts were extensively renovated in 1964, with LPC approval; and

WHEREAS, The current ground floor tenant, Tiger Schulmann, a martial arts and kickboxing studio and school with some 40 locations in the NYC Metropolitan region, is converting a 400 sq. ft. area now being used as office space into a small cafe, primarily as an amenity for its patrons but also for use by the general public; and 

WHEREAS, The applicant has requested approval to alter one of the storefront bays to provide entrance doors to permit access to the café from the street since the cafe may be open at different hours from its primary business; and

WHEREAS, The proposed renovations appear to be harmonious with the design, materials and colors approved in the 1964 renovation (although historic photographs of the original building design were not presented for CB 5 for review); and

WHEREAS, The cafe is deemed to be useful amenity to the existing tenant and the community in general and will not have any exterior signage or lighting other than existing lighting on the building; and

WHEREAS, The proposed tripartite design, glass panels and framing, use of wood and steel materials, 6' double entrance doorway, mahogany and black colors appear compatible with other existing ground floor building elements; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for storefront alterations and installation of doors at 39 West 19th Street, between Fifth and Sixth Avenues, in accordance with plans and specifications presented by the Applicant.

The above resolution passed by a vote of 24 in favor; 11 opposed; 1 abstaining.

WHEREAS, 50 Rockefeller Plaza (the Associated Press Building) in the landmarked Rockefeller Center was completed in 1938, is located in the north section of Rockefeller Plaza between 50^th and 51^st Street on the west side of the Plaza, and has over its main entrance on the Plaza (recessed by one bay between the corner wings) a two-story 10-ton stainless-steel sculpture by Isamu Noguchi of five figures representing the people who gather, edit, and distribute the news; and

WHEREAS, 50 Rockefeller Plaza has made an application to the Landmarks Preservation Commission in connection with a new restaurant tenant in the building's north commercial space at Rockefeller Plaza at 51^st Street to install:

• a new nickel-silver door surround attached to the existing limestone masonry,
• free-standing steel furniture providing 80 seats, umbrellas, and plantings on the sidewalk in the front and in the corner wing of the building's north commercial space for a seasonal outdoor sidewalk café,
• a new bronze and glass service door (W - 3'0", H - 7'6") for the outdoor café on the building's north corner wing, together with a modified storefront window (W - 5'6", H - 9'5") which will replace an existing storefront window (W - 8'7". H - 9'5"), and
• pin-mounted bronze signage for the building's new commercial tenant at the retail entry and at the building's corners; and

WHEREAS, The new door surround at the north commercial space will substantially mimic the primary door surround at Anthropologie at the south end of the building, and create a balance for the entrances to the building's two main retail spaces on Rockefeller Plaza; and

WHEREAS, The proposed outdoor sidewalk café will be substantially similar to the existing Brasserie Ruhlmann outdoor café diagonally across Rockefeller Plaza at 50^th Street; and

WHEREAS, An outdoor café is a common amenity in Rockefeller Center, which has several outdoor cafes (the Brasserie Ruhlmann at 50^th Street and Rockefeller Plaza, the cafés in the skating rink, and Morells at 49^th Street between Fifth Avenue and Rockefeller Plaza), within two blocks of the proposed outdoor café at the building; and

WHEREAS, The Applicant considered several ways of providing a necessary service door for the proposed outdoor café, including installing a new door on the right side of the main façade (which could be made to match an existing brass door on the left side of the main façade), and concluded it didn't want to change the main façade of the building and that the best location would be on the building's north corner wing by modifying an existing storefront window; and

WHEREAS, The proposed pin-mounted bronze signage for the new commercial tenant will match the current signage on the Anthropologie retail space on the south end of the buildings; and

WHEREAS, The proposed new nickel-silver door surround, outdoor café, and signage are similar to and harmonious with existing door surrounds, outdoor cafes, and signage in Rockefeller Center and, in addition, the proposed new service door and modified storefront window do not change the main façade of the building and the placement in the building's north corner wing does not adversely affect the basic fabric of the building; and

WHEREAS, The applicant has agreed to install two curb cuts at the building's main entry and at the north commercial space in order to accommodate disabled persons; therefore be it

RESOLVED, Community Board Five recommends approval of the application of 50 Rockefeller Plaza to install a new door surround to the north commercial space, an outdoor café, a new service door, two curb cuts and new signage for the north commercial space.

The above resolution passed by a vote of 25 in favor; 10 opposed; 1 abstaining.

WHEREAS, 1095 Sixth Avenue ("the Plaza") is a 15,095 sf through block public plaza located 150.5 feet west of Sixth Avenue between West 41^st and West 42^nd Streets; and

WHEREAS, The original Plaza was constructed in 1969 and was compliant with the then-existing zoning laws, but is now making changes to bring the Plaza into substantial compliance with the current zoning text; and

WHEREAS, The Plaza was originally of little value to the surrounding neighborhood as it consisted of limited seating around the building and no other amenities; and

WHEREAS, The new public amenities include: larger handicap ramps for access for the disabled, two (2) new water fountains, a bike rack, 18 new trees, 530 linear feet of bench seating, and 92 new movable seats and 25 moveable tables; and

WHEREAS, There will be a substantial additional of greenery.  There will be 18 new trees, which is 50% more than the zoning text requires for the Plaza and additional new shrubbery and flowers.  Furthermore, climbing Hydrangeas will be located on vertical columns adjacent to a small building on the Plaza that will provide a green front to the brick wall on the Plaza; and

WHEREAS, While 72% of the original plaza was two or more feet above grade, structural changes are altering the Plaza grade so that in the future only 60% of the Plaza will be two or more feet above grade.  This will bring the plaza into further compliance with the zoning text that requires 80% of plazas to be less than two feet above grade; and

WHEREAS, The applicant agreed to amend the planned new signage in the Plaza to provide directions to the nearest public rest room facilities; and

WHEREAS, The application also asks for minor modifications to amend the Original Special Permit.  The modification includes removing a subway access point that is no longer used by the MTA. However, there is still one public subway access point on the applicants property; and

WHEREAS, The modification included significant improvements to the remaining outdoor space, and bring substantial compliance to the zoning text; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for certification of the design modification to 1095 Avenue of Americas pursuant to ZR §37-625 and permission to modify the special permit pursuant to ZR §74-72.

The above resolution passed by a vote of 37 in favor, 0 opposed, 1 abstaining.

 WHEREAS, The Times Square Alliance has submitted applications for permits for five special events in 2010; and

WHEREAS, All five events will take place in Duffy Square; and

WHEREAS, The first event is a Valentine Heart event consisting of a sculpture display from February 11 to February 22; and

WHEREAS, The second event is a press event for Times Square's birthday on April 8; and

WHEREAS, The third event is a Best of the Buskers audition consisting of judged street performances on April 26; and

WHEREAS, The fourth event is a live broadcast of the Tony Awards on June 13; and

WHEREAS, The fifth event is a Summer Solstice event consisting of either one or a series of yoga classes on June 21; and

WHEREAS, All of the requested events have previously been implemented by the Times Square Alliance; and

WHEREAS, There have been no complaints or concerns regarding any of these events; therefore, be it

RESOLVED, That Community Board 5 recommends approval of the five Times Square Alliance events: Valentine Heart sculpture, Times Square's birthday, Best of the Buskers audition, Tony Awards broadcast, Summer Solstice.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, MILLESIME RESTAURANT LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license on the ground floor and mezzanine floors at 92 Madison Avenue (the "Premises"), between 28^th and 29^th Streets; and

WHEREAS, The Premises consists of a total front of house floor area of 6,000 square feet of interior space with a bar area, a dining room and a lounge; and

WHEREAS, The Premises will have an estimated patron usage of approximately 341 persons, there shall be 2 full bars and 1 service bar, 86 tables, 266 chairs (including banquette seating) and 22 bar stools; and

WHEREAS, The Applicant has agreed that it shall:

a.       Operate a sound system in the Restaurant in compliance with the attached sound system specifications which:

                                                   i.      directs sound inward to maximize containment of all amplified sound within the interior of the space;

                                                 ii.      The proposed layout of the speakers to be utilized at the restaurant is attached hereto as Exhibit A;

                                                iii.      Any music at the restaurant, DJ or otherwise, will be for ambient purposes only.  Volume control for such music will only be accessible to on premises management. 

b.       At its option, have a live DJ or musicians playing music in the interior spaces;;

c.       As necessary, discourage patrons from congregating in front of the Premises and encourage that they leave the Premises in a respectful manner;

d.       As necessary discourage the parking of idling cabs, limousines and other vehicles on the street in front of the Premises and arrange for valet service to prevent street congestion by vehicles;

e.       To monitor the interior and exterior of the Premises, maintain a floor manager at all times when the Restaurant is in operation plus, from 8:00 pm through 4:00 am Thursday - Saturday, a dedicated host

f.        Not utilize an exterior "velvet rope" door policy.  Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as the Restaurant has an employee responsible for maintaining the orderliness of patrons;

g.       Meet with CB5 from time to time if requested and also provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

h.       Return to CB5 six (6) months after opening if requested; and

i.         Be responsible for any use of "promoters" and not retain any promoter to "host" a public event that would be perceived as the promoter's event. At any time that an event or party is hosted or marketed (in whole or in part) by a third party: (i) at all times the applicant shall remain responsible for and in control of the venue and its patrons and (ii) except for New Years Eve and Halloween, at all times all material positions of operation shall be the employees of the Restaurant; and

WHEREAS, Should Applicant or any of its principals, Peter Chase, Meredith Quarnstrom Gelacak, Christopher Condy, Laurent Manrique, ever contemplate a transfer of their interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), they shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED,  That Community Board Five recommends denial of the on premises liquor license for MILLESIME RESTAURANT LLC for a new on premises liquor license at 92 Madison Avenue (between 28^th and 29^th Streets) unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed  by a vote of 34 in favor; 1 opposed; 1 abstaining.

 WHEREAS, Picture Earth a (pending) not-for-profit; and

WHEREAS, The photographs are from the series "Earth from Above" and are designed to raise awareness of environmental issues; and

WHEREAS, The freestanding placards are about 8'7" high and 6'6" wide and will be uniformly disbursed around the park perimeter (please see diagram); and

WHEREAS, Each placard contains a photograph, descriptive text, and small sponsor logo (please see diagram); and

WHEREAS, The placard base is designed to leave the ground unharmed and to stand up to normal environmental stress such as wind; and

WHEREAS, There will also be a world map laid out on the ground; and

WHEREAS, Additional material co-branding will be limited to signposts on the park corners; and

WHEREAS, The art would be on display from April 2 - May 28, 2010; and

WHEREAS, Setup and breakdown would take an additional week on both ends; and

WHEREAS, The main target viewing audience is passersby, park goers, and children on field trips; and

WHEREAS, The event will be promoted on television and through print ads at local public transit hubs; and

WHEREAS, There will be occasional special events which include book signings and guided tours as well as a press conference, and

WHEREAS, The applicant paid $500K to Bryant Park to hold the event; and

WHEREAS, In addition to the public art there will be two kiosks; and

WHEREAS, One is an information center and the other is akin to a museum store; and

WHEREAS, The event is free, open to the public, and has educational as well as entertainment value; and

WHEREAS, The Earth from Above series has been published and vetted as legitimate art; and

WHEREAS, The placards minimally infringe on sidewalk and park space; and

WHEREAS, The items for sale relate to the event and the proceeds benefit the applicant; and

WHEREAS, Advertising in minimal; and

WHEREAS, The library will be covered in scaffolding, mitigating the need to keep the façade free from obstruction; and

WHEREAS, There will be no designated bus parking and therefore no authorized disruption to traffic; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Picture Earth to conduct a large scale photography exhibit in Bryant Park from April 2 through May 28^th, 9am-10pm daily.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

 WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Daniel Klohe has submitted an application seeking permission for a special event to be conducted in Union Square Park on Friday June 4, 2010 between the hours of 2:00 PM and 5:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meetings on January 4, 2010 and on February 1, 2010 to present his proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Daniel Klohe to hold a special event in Union Square Park on Friday June 4, 2010.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

 WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Eventage submitted an application to conduct a promotional sampling event and press announcement relative to three new products being introduced by Degree Deodorant in Union Square Park on Tuesday March 23, 2010 between the hours of 8:00 AM and 4:00 PM, requiring set-up to begin on Monday March 22 at 8:00 PM, and dismantling and clean-up to be completed on Tuesday March 23 by 11:59 PM; and

WHEREAS, The proposed event would entirely occupy Union Square's North Plaza, and the set-up would include three product sample stations, a fake sod area measuring 100'-0" X 65'-0" on which a control area and press risers would be installed, a VIP trailer or RV-type vehicle, a 20'-0" X 20'-0" green room tent, some small tables, chairs, speakers, and a generator; and

WHEREAS, Promotional branding would be prominently featured on most of the structures and apparatus required to conduct this proposed event; and

WHEREAS, The applicant has described the proposed event as promotional, with a undeclared spokesperson/performer to sample three new Natureffects anti-perspirant deodorant and body spray collection from Degree as well as to raise awareness for the unknown spokesperson's foundation; and

WHEREAS, Although the applicant proposes that Degree will bring their product to life by creating an unexpected outdoor lawn space to celebrate the beginning of spring, we feel that this is unnecessary as it is universally known that public parks such as Union Square are already intended for the provision of recreation and respite for workers, shoppers and residents of our neighborhood; and

WHEREAS, This proposed event requires a large footprint within the park as well as an excessive amount of time for set-up and dismantling while providing dubious benefit to the users of the park; and

WHEREAS, This proposed event would feature corporate sponsors, logos and products that constitute 100% commercial use of Union Square Park, and Community Board Five has repeatedly denied access to its parks for events that are strictly or predominantly commercial; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by Eventage to conduct Degree Deodorant's promotional sampling event and press announcement in Union Square Park on Tuesday March 23, 2010.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Kalavant Center for Music and Dance has submitted an application seeking permission to conduct an Indian Music in the Park event in the South Plaza of Union Square Park on Saturday, June 19, 2010 between the hours of 5:00 PM and 7:00 PM; and

WHEREAS, Traditional Indian musicians will perform vocal and instrumental music on a small stage of 6' x 4'; and

WHEREAS, As there is a requirement for amplified sound, the applicant is expected to obtain the necessary permits; and

WHEREAS, Setup and breakdown will only take an hour each; and

WHEREAS, This is the 6^th year this event has happened in Union Square with no history of community problems; and

WHEREAS, The proposed event is one which does not require a large amount of space, does not have a commercial intent, and may offer the public benefit of entertainment; therefore, be it

RESOLVED, That Community Board 5 recommends approval of the application by Kalavant Center for Music and Dance Inc. to conduct an Indian Music in the Park event in Union Square Park on Saturday, June 19, 2010

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, For years, small to mid-sized non-profit theaters and performing arts organizations have added value both culturally and economically to New York City's individual communities, and to the city as a whole; and

WHEREAS, The current economic climate, however, has made it extremely difficult for many of these small to mid-sized non-profit theaters and performing arts organizations to stay in business; and

WHEREAS, The unprecedented cross-community board collaboration that has surrounded the crafting and support of this resolution is a unique phenomenon, clearly manifesting how vital and meaningful this sector is to communities throughout the City, and, therefore, the City as a whole.

WHEREAS, In 2008, New York Innovative Theatre Awards released a widely publicized study that evaluated trends regarding performance venues from neighborhood to neighborhood. The study found that over the last five years this sector lost a number of theaters to development. Twenty-six percent (26%) of Midtown's small to mid-sized performance space inventory and twenty-five percent (25%) of performance spaces located in the West Village are now defunct[1]. And this just accounts for two of New York City's neighborhoods; and

WHEREAS, There is a "core" group of small to mid-sized non-profit theaters, and performing arts organizations, that hold long-term leases. This "core" group is the life's blood of this sector, as the performing arts organizations within this group rent their spaces to performing arts companies that are unable to commit to long-term leases. As these "core" small to mid-sized non-profit theaters and performing arts organizations continue to disappear, so does the whole sector; and

WHEREAS, It is imperative that we look at innovative solutions that will help rescue, preserve, and subsequently stimulate the seriously threatened small to mid-sized non-profit performing arts sector - the heart and soul of New York City's cultural landscape.

WHEREAS,  New York City is known as a global cultural capital, due in large part to its unique fabric of small to mid-sized non-profit theaters and performing arts organizations. In microeconomic terms, this sector boosts New York City by supporting neighborhood small businesses, and attracting both New Yorkers and tourists alike who flock to the City specifically for its vibrant performing arts scene; and

WHEREAS,  Small to mid-sized non-profit theaters and performing arts organizations have long been the foundation of New York City's arts and creative industries. These organizations are the primary incubators where new talent first emerges and is developed, and where real artistic risks can be taken; and

WHEREAS, The Arts also help the City retain talented graduates and attract investment from corporations that stay in or come to New York City in order to cull from an elite pool of creative workers, who, themselves, choose to locate in New York City for its thriving cultural scene. 

WHEREAS, Local businesses such as restaurants and food markets, clothing stores, parking garages, and similar other retailers benefit from the influx of people brought into the community by small to mid-sized non-profit theaters and performing arts organizations; and

WHEREAS, The City would ultimately reclaim the revenue from a real estate tax credit through the ancillary spending generated by the influx of people who would come to these locations with the specific intention of patronizing arts-related events, and who would spend money at local businesses; and

WHEREAS, Small to mid-sized non-profit theaters and performing arts organizations throughout New York City's neighborhoods encourage community-friendly evening foot traffic, safe streets for our community residents, and help protect small business diversity; and

WHEREAS, Small to mid-sized non-profit theaters and performing arts organizations improve the quality of life in local neighborhoods and are a source of pride for local residents and businesses; and

WHEREAS, Long-term donated and rent-affordable Community Facility F.A.R., and under market leased spaces would provide a safe haven for artists and small to mid-sized non-profit theaters and performing arts organizations to create their art, protected from unwieldy and insurmountable rent hikes; therefore, be it

RESOLVED, Community Board Five strongly urges that our elected City and State officials consider the implementation of a real estate tax credit to benefit small to mid-sized non-profit theaters and performing arts organizations, in order to consequently halt, and reverse, the alarming trend of theater closures, and the rapid demise of this sector.  Community Board Five will work with all of New York City's Community Boards to support specific legislation in this context.

The above resolution passed with a vote of 35 in favor, 2 opposed, 2 abstaining, 1 present not entitled to vote.

WHEREAS, In order to encourage greater use of bicycles by its members, Equinox Fitness has requested that the Department of Transportation install bicycle racks on the sidewalks outside of the Equinox Fitness clubs located at 895 Broadway (between 19th and 20th Streets), East 33rd Street (between Park and Lexington Avenues), and 521 Fifth Avenue (on the northeast corner of 43rd Street); and

WHEREAS, The Department of Transportation has indicated that the width of the sidewalks at each of the requested locations is adequate to accommodate the flow of pedestrians even with the bicycle racks installed; and

WHEREAS, Grand Central Partnership has indicated its support for the site at 521 Fifth Avenue, which is within its district, and has requested that the bicycle racks installed at said location conform to its design standards;  and

WHEREAS, Community Board Five supports the installation of bicycle racks in order to encourage use of bicycles as a mode of transportation; therefore, be it

RESOLVED, That Community Board Five recommends approval of the request of Equinox Fitness to install bicycle racks on the sidewalks outside of its clubs located at 895 Broadway (between 19th and 20th Streets), East 33rd Street (between Park and Lexington Avenues), and 521 Fifth Avenue (on the northeast corner of 43rd Street); and be it further

RESOLVED, That Community Board Five recommends that such bicycle racks conform to the design standards of the Department of Transportation and, to the extent applicable, of the Business Improvement District within which such racks are being installed.

The above resolution passed with a vote of 37 in favor, 0 opposed, 1 abstaining, 1 present not entitled to vote.

WHEREAS, The New York City Taxi & Limousine Commission (the "TLC") wishes to increase: (1) the capacity and utilization of taxis during the morning rush hour; (2) the number of passenger taxi trips during the morning rush hour; (3) revenue for taxi drivers; and (4) taxi service where such service currently is scarce; and

WHEREAS, In order achieve the above goals, the TLC has proposed a Group Ride Plan, in which: (1) more than one passenger (typically 2-4) travels from a common origin to a common destination along a designated corridor; (2) passengers line up at TLC-approved taxi stands; (3) the same flat fare, at a discount to the standard fare, is charged to each passenger; and (4) group rides are limited to the morning rush hour (6 a.m. to 10 a.m.); and

WHEREAS, Group Ride locations have been selected based upon analysis of electronic trip sheet data for: (1) high volume of pickups; (2) locations of common drop-offs; and (3) average fare information, resulting in the start and end points proposed in the accompanying chart; and

WHEREAS, Signage will be posted at starting points describing service, including a code of conduct, a fare chart, hours of operation and contact information; and

WHEREAS, No dispatcher will be needed, any taxi may participate, and this Experimental Group Ride Plan is regarded by the TLC as a pilot program lasting only one year; therefore, be it

RESOLVED, That Community Board Five supports the experimental Group Ride Plan proposed by the TLC, under the condition that the TLC conduct a thorough analysis of the impact of the Group Ride Plan on ridership on alternative modes of transportation (i.e., affected proximal bus and subway lines).

The above resolution passed with a vote of 37 in favor, 0 opposed, 1 abstaining, 1 present not entitled to vote.

WHEREAS, The City Department of Transportation (DOT) has come before Manhattan Community Board Five (CB5) to review the Green Light for Midtown pilot design project for Broadway between 59^th and 22nd Street (the "Pilot Program"), which includes a number of elements including the creation of public pedestrian plazas; and

WHEREAS, Such plazas are intended for the benefit of the public and designed to promote passive recreation and a peaceful respite, the same function as city parks and waterfront esplanades; and

WHEREAS, The Pilot Program has received an overwhelmingly favorable response from the public and has made a positive impact on the pedestrian and vehicular experience; and

WHEREAS, More Times Square area employees say they are leaving their offices for lunch and more theatre-goers are finding access to the area easier, while a survey by the Flatiron 23^rd Street Partnership has given the plazas an 84% approval rating; and 

WHEREAS, DOT has pro-actively sought and is receptive to suggestions from the affected constituencies, including business owners and BIDs, regarding the aesthetic and functional design, traffic changes, and programming; and

WHEREAS, DOT asserts that it will continue to seek community involvement and support if the project is approved and the plazas are re-designed as permanent; and

WHEREAS, DOT is awarding Sole Source License Agreements to the Flatiron BID, Fashion Center BID, 34th St. Partnership and the Times Square Alliance, for the operation, management and maintenance of the pedestrian plazas, including the right to award sponsorships, sub-concessions and events intended to generate revenue for each plaza's maintenance; and

WHEREAS, While CB5 welcomes the programming of public space for entertainment, education, and philanthropic activities, it has taken a strong and consistent stance regarding the over-commercialization of our parks and public open spaces, the overcrowding of sidewalks with newsstand and other concessioners, and predominantly commercial street activities; and

WHEREAS, CB5 has concerns that sub-concession and street activities awarded under these agreements could violate established community standards regarding these issues; and

WHEREAS, The Chair of CB5 is a board member on each of the BIDs and appoints a liaison to represent the Community Board at their board meetings and public activities; and

WHEREAS, The Community Board, in accordance with the City Charter Chapter 70, Section 2800, Item d17, "...shall exercise the initial review of applications and proposals of public agencies and private entities for the use, development or improvement of land located in the community district..."; and

WHEREAS, CB5's prior resolution has yielded positive results by fostering an improved dialogue and communications with the BIDs, DOT, and the Office of the Mayor to address our concerns regarding the Pilot Program, namely;

• That DOT will provide notice of RFPs issued and is encouraging the BIDs to bring their concessioners before CB5 to review proposals before they are implemented;
• That the Mayor's office of Street Activities is implementing a computer-based program that tracks street activities and automatically "flags" conflicts;
• That the Community Board Office now has access to this computer program and can see what events are scheduled to take place in CB5;
• That the Times Square Alliance e-mails an updated list of all street activities in its area, and we expect that, as the system is implemented, other BIDs will do the same;
• That it is not anticipated that fixed structures will be permitted in the plazas;
• That the DOT will work with CB5 to provide a mechanism for receiving budgets and audits including, if necessary, a Freedom of Information Law (FOIL) request; and
• That CB5 recognizes that the BIDs in its district have a solid record of working with a high level of professionalism and aesthetics sensibility, and that these BIDs as well as the DOT have an interest in preventing the "over-commercialization" of these spaces to the detriment of users; therefore, be it

RESOLVED, That Community Board Five, with an enhanced role in ongoing evaluation and input, now supports making permanent the "Green Light for Midtown" pilot project. 

The above resolution passed with a vote of 35 in favor, 1 opposed, 1 abstaining.