WHEREAS, In a continuing effort to promote safety for pedestrians, motor vehicles, bicyclists, and other users of the public streets and sidewalks and to improve the flow of vehicular traffic, the Department of Transportation ("DOT") has developed a pilot program to implement certain changes to traffic flows in and around Union Square; and

WHEREAS, Over the course of three consecutive meetings lasting more than six hours in total, the Transportation and Environment Committee ("the Committee") of CB5 heard a thorough airing of the differences of opinion between and among DOT and some members of the residential and business communities in the Union Square vicinity; and

WHEREAS, At the June, 2010, meeting of the Committee, DOT again presented its preliminary outline of the proposed pilot plan, which included:

(i)         conversion of 17^th Street between Broadway and Park Avenue South from a two-way street to a one-way street with traffic flowing westbound only,

(ii)        simplification of traffic signals at the intersection of Broadway, 17^th Street and Union Square West,

(iii)       simplification of the intersection of 17^th Street and Park Avenue South,

(iv)       prohibition of eastbound turns from Union Square West onto 14^th Street,

(v)        installation of a protected bicycle lane, floating parking lane, and  one travel  lane on Broadway from 23^rd to  17^th Streets,

(vi)       widening of the sidewalk on the east side of Broadway from 18^th to 17^th Streets,

(vii)      in order to improve the flow of traffic on Park Avenue South, putting in place the following restrictions: going north, no westbound turns will be permitted at 19^th and 23^rd Streets; going south, no eastbound turns will be permitted at 18^th Street; and

(viii)     adding right turn lanes at 23rd, 22^nd and 20^th Streets at Park Avenue South to accommodate downtown bound traffic; and

WHEREAS, At the June 2010, meeting of the Committee, DOT presented an amended preliminary outline of the proposed pilot plan that reflected substantive changes made to respond to and accommodate many of the concerns expressed at two previous Committee meetings and subsequent meetings with DOT and the residents, which included:

(i)         eliminating the closure of Broadway to through traffic at 18^th Street in order to mitigate the concern that such closure would significantly increase traffic on 18^th Street between Broadway and Park Avenue South,

(ii)        moving the bicycle lane from the east side of Broadway to the west side of Broadway between 23^rd and 17^th Streets,

(iii)       adding dedicated turning lanes on 18^th Street on both the right- and left-hand sides of that street at its intersection with Park Avenue South in order to address concerns of traffic congestion at that intersection,

(iv)       restricting overnight and weekend parking at the north curb of 18th Street between Park Avenue South and Broadway to reduce congestion and horn-honking caused by late evening club traffic,

(v)        allowing southbound traffic from Broadway to continue uninterrupted onto Union Square West,

(vi)       allowing through-traffic on Union Square West from 17^th to 14^th Streets to flow at all times,

(vii)      moving the Greenmarket parking from the east side of Union Square West to the west side of that street,

(viii)     adding additional dedicated turning lanes from affected side streets onto Park Avenue South, and

WHEREAS, In response to the request of members of the community, DOT also committed to cease all preparatory work on the Union Square proposed pilot proposal prior to approval of a resolution by the Board; and

WHEREAS, In response to the request of members of the community, DOT also agreed to work with the MTA to seek possible diversion of express bus routes from the Broadway/Park Avenue South corridor onto the Fifth Avenue corridor; and

WHEREAS, DOT indicated that other changes requested by certain members of the community would compromise the safety-related portions of the proposed pilot plan as currently envisioned and would make it impossible for DOT to move forward with the proposed pilot plan; and

WHEREAS, The Committee was satisfied that, through the six hours of public testimony and numerous letters and petitions submitted to the Board and the Committee, the Committee had a thorough understanding of the issues at hand and the opinions and concerns of those members of the public that are opposed to the proposed pilot plan and their reasons therefore; and

WHEREAS, Other residents voiced endorsement of the proposal and emails and letters of support have been received by the board office; and

WHEREAS, The Committee, after discussion, believes that changes set forth in the proposed pilot plan bear a reasonable relationship to the goals of improving safety and traffic flow, as proposed by DOT; and

WHEREAS, The Committee also believes that modifications to the proposed pilot plan made in response to input from certain members of the community substantially address, in a manner consistent with the overall goals of the proposed pilot plan, the concerns raised by those members of the community during said oral and written public testimony; and

WHEREAS, The Committee re-iterated and the DOT confirmed that members of the community would continue to have input to the overall design of the proposed pilot, with particular emphasis on the use and configuration of the widened sidewalk between 17th and 18th streets, continuing through to the Committee's August, 2010 Committee meeting as established at the Committee's May, 2010 meeting; therefore be it

RESOLVED, That Community Board Five supports the implementation of the DOT's proposed pilot plan for Union Square, upon the conditions that:

(i)         DOT allow community input, through the auspices of the Union Square Partnership or otherwise, into the potential uses of the widened sidewalk on the easterly side of Broadway between 18^th and 17^th Streets,

(ii)      that DOT collect data amassed during the period of the proposed pilot program, covering the project area and areas adjacent thereto, regarding the traffic volume changes (by location), traffic speed changes, pedestrian, bicycle and vehicular safety statistics, and GPS data from taxis, and compare it to existing data, 

(iii)     that DOT report back to the Board with such data at the end of each of the 3^rd and 6^th months following the implementation of the proposed pilot plan. 

The above resolution passed with a vote of 24 in favor, 1 opposed, 1 abstaining.

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.

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

WHEREAS, The 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, public plazas, and waterfront esplanades; and

WHEREAS, The pilot design project has received an overwhelmingly favorable response and 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; and a survey by the Flatiron 23^rd Street Partnership gave the plazas an 84% approval rating, and 

WHEREAS, DOT has pro-actively sought and is receptive to suggestions from the effected constituencies including business owners, BIDs, etc, 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 (agreements) to the Flatiron BID, Fashion Center BID, 34th St. Partnership and the Times Square Alliance (BIDs), 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, an excess of predominantly commercial street activities, and 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, CB 5 has an strong relationship and history of cooperation with the BIDs and DOT, yet has not been asked to provide input regarding the License Agreements between the BIDs and DOT; and

WHEREAS, In response to CB5 testimony on August 17, 2009 at a public hearing on the matter, the DOT in a letter dated August 18, 2009 commits that it will conduct annual meetings with the Community Board at the end of each fiscal year to discuss and review the previous year's activities and operations and will sent CB5 Public Solicitation Notices subject to the Franchise and Concessions Review Committee; and

WHEREAS, Special events and activities must first be approved by DOT and then seek the approval of the Street Activity Permit Office (SAPO), an agency that routinely dismisses CB5's concerns regarding street activity permits; and

WHEREAS, DOT is set to report to the Mayor in December 2009 with an evaluation of the "Green Light for Broadway" project and provide a recommendation on whether the plan should become permanent; therefore, be it

RESOLVED, That Community Board Five makes the following recommendations to strengthen the "Green Light for Broadway" project:

• Rather than an annual year-end review, CB5 must, according to the City Charter, review and make recommendations on all sub-concession proposals, and interview applicants prior to their signing of sub-concession agreements;
• Sub-concessions and street activities should be a temporary measure that will give the BIDs and/or DOT time to find alternative funding sources for maintenance of these plazas, and that the sub-concession / special events mechanism will be phased out after a fixed period of time (e.g. 3 years) so that the plazas are unfettered by intrusive commercial activity;
• During this temporary period, any vending should be done from attractively designed mobile carts that are stored off-site when not in operation;
• No new fixed structures should be permitted in the plazas or structures that would require plumbing, heating, electrical systems, generators, or foundations;
• As a Board Member of each BID, the Chair of CB5 (or the Chair's designated representative) must receive copies of all annual budgets and audits related to the operation of the Licensing Agreement and the public plazas' operations and maintenance;
• As demonstrated by the Madison Square Market conducted between October 9 - November 1, 2009, sub-concessions and special events can and will infringe on both park land, the new pedestrian plazas, and other annual street based community events (e.g., the Breast Cancer Walk). The DOT in conjunction with the BIDs should:

-             Share their formula on how they pro-rate shares of revenue and expense for such events occupying each type of space, and

-             Develop a plan to minimize physical conflict between well established events and the new obstructions that will be permitted

 Be it further RESOLVED, that Community Board Five cannot approve making permanent the "Green Light for Broadway" plan under the terms of the DOT letter dated August 18, 2009 unless DOT adopts the aforementioned recommendations, especially to honor CB5's charter mandated role to review and comment on proposed events and sub-concessions for the duration of the License Agreement.

The above resolution passed with a vote of 40 in favor, 0 opposed, 1 abstaining.

WHEREAS, The blocks of East and West 32nd Street bounded by Park Avenue on the east and Seventh Avenue on the west are mixed-use streets containing mostly commercial but also some residential buildings, and are highly-trafficked by pedestrians visiting the restaurants and commercial establishments as well as traveling to and from Penn Station; and

WHEREAS, The need for street cleaning, due to the accumulation of trash and garbage in the street, has been demonstrated by residents of the street; and

WHEREAS, The streets are not currently cleaned by the Department of Sanitation, but the streets' residents have advised that the Department that they would be supportive of street-cleaning on a twice-weekly basis; therefore, be it

RESOLVED, Community Board Five recommends that the Department of Sanitation expand street cleaning on the blocks of East and West 32nd Street between Park Avenue and Seventh Avenue, on both the north and south sides of the street; and be it further

RESOLVED, Community Board Five recommends that the Department of Sanitation and the Department of Transportation coordinate parking regulations on said streets in order to permit street-cleaning during the late night and/or early morning hours.

The above resolution passed with a vote of 40 in favor, 0 opposed, 1 abstaining.

WHEREAS, Natural gas exploration and production companies, and mineral rights owners, are interested in developing a potentially significant gas resource in the Marcellus Shale through the use of horizontal drilling and a hydraulic fracturing technique known as "slick water fracturing" which requires large volumes of water; and

WHEREAS, The State Environmental Quality Review Act requires the Department of Environmental Conservation to review the methods used while accessing this natural gas that is located deep within the earth; and

WHEREAS, Hydraulic fracturing mixes water with sand and 250+ toxic chemicals; and

WHERES, The 2005 Energy Policy Act exempts companies who employ hydraulic fracturing methods from having to comply with many public health laws which were specifically written to protect our natural resources and well-being (e.g., Safe Drinking Water Act, Clean Water Act, Emergency Planning & Community Right-to-know Act); and

WHEREAS, Chapter 376 of the Laws of New York State of 2008 streamlined the permitting process for horizontal wells that use hydraulic fracturing, allowing the development of natural gas drilling sites within Marcellus Shale in New York to proceed more quickly; and

WHEREAS, The New York State Department of Environmental Conservation Division of Mineral Resources, Bureau of Oil & Gas Regulation held scoping hearings upstate for a Draft Supplemental Generic Environmental Impact Statement, but failed to hold any hearings within New York City despite the fact 90% of our water supply comes from the Catskill and Delaware watersheds; and

WHEREAS, Chemicals contained in hydraulic fracturing fluids cause a variety of irreversible and catastrophic damages to the air, water, public health, wildlife, and integrity of local communities; and

WHEREAS, Hydraulic fracturing presents risks of water contamination during drilling operations and during the storage and disposal of millions of gallons of the water and chemical additive mixture required for each well that is created; and

WHEREAS, Hydraulic fracturing has resulted in contaminated water supplies in other states, including Wyoming and New Mexico; and

WHEREAS, No amount of careful planning and operation can guarantee that there will be no chemical spills that could flow into reservoirs, underground migration of fracturing fluids toward the water supply, or other accidents resulting from drilling operations; and

WHEREAS, If the water supply should be contaminated, the City of New York would be required by the Environmental Protection Agency to build and operate a water filtration plant, the cost of which has been estimated to be approximately $10 billion, which would be borne by New York City taxpayers; and

WHEREAS, Absolutely no evidence has been shown by any organization that fluids used during hydraulic fracturing can be completely filtered out of drinking water; and

WHEREAS, New York State Assembly Members Deborah Glick and Richard Gottfried, State Senators Tom Duane and Daniel Squadron, City Council Environmental Committee Chairperson James Gennaro and Council Members Daniel Garodnick and Jessica Lappin issued statements calling for banning drilling in the city watershed; and

WHEREAS, Council Member Gennaro has introduced Resolution No. 1850 in the New York City Council that calls for a ban for drilling within our watershed area; and

WHEREAS, There is no possible remedy once contamination has occurred; therefore, be it

RESOLVED, This method for accessing natural gas is far too dangerous to the air, water, public health, wildlife and integrity of local communities to be approved by any Federal or New York State entity; and be it further

RESOLVED, Community Board 5 of Manhattan calls on the New York State Legislature, the New York State Department of Environmental Conservation, and New York State Governor David Paterson to prohibit hydraulic fracturing drilling for natural gas within New York State.

The above resolution passed with a vote of 40 in favor, 0 opposed, 1 abstaining.

Dear Manhattan Borough Commission Forgione:

The Manhattan Central Business District has the nation's largest concentration of commercial activities and is the primary economic engine for the greater metropolitan area.  It is the focus of a subsurface rail transit system that is among the most extensive in the world. Nevertheless, Manhattan's streets are frequently overwhelmed with motor vehicles, and for many hours of the day, traffic congestion is severe.  Pedestrians and surface transit in particular are negatively impacted, resulting in both substantial amounts of wasted time for vehicles and pedestrians as well as reductions in potential economic development.

A number of independent efforts have been attempted in order to improve the situation.  Last year, for example, New York City tried to advance a congestion pricing plan that would have reduced vehicle-miles of travel in the core.  New pilot programs aimed at reconfiguring street space to favor pedestrians, cyclists and buses also are being implemented.  Missing, however, is a comprehensive plan for optimizing transportation, parking and pedestrian thoroughfares in the Central Business District.

This project that Community Board Five proposes, and which has appeared in a number of our recent District Needs Statements, is a comprehensive Surface Transportation Plan for the portion of the Manhattan Central Business District between 60th Street and 14th Street - the area overseen by our Community Board as well as Manhattan Community Boards Four and Six. The plan should include specific recommendations for optimizing the share of street space allocated to pedestrians, cyclists, cars, taxis, trucks and surface transit over this entire area. 

Community Board Five would like to suggest that the planning effort incorporate some or all of the following: (i) assembling a data base of existing pedestrian and vehicular travel volumes; (ii) mapping the current allocation of street space for different categories of users; (iii) establishing a set of goals and objectives for the plan; (iv) devising alternative street space scenarios; (v) developing and deploying an analysis methodology for evaluating these scenarios at a "sketch plan" level of detail; (vi) consulting with stakeholders; and (vii) preparing a final set of recommendations.  Alternative scenarios might focus on larger-scale changes in street space allocation -- like pedestrian-only street segments, dedicated transit lanes and protected bike lanes. It is important in any case that the evaluation of planning scenarios include consideration of district-wide impacts of broader city and regional proposals, such as congestion pricing and transit service enhancements.  A project oversight committee could include representatives from both the NYC Department of Transportation, the NYC Department of City Planning, the Metropolitan Transportation Authority and the New York City Transit Authority division of Surface Transit, along with perhaps three representatives from the midtown Manhattan community boards, each of whom has been selected by the Executive Committee of his/her respective board.  

We know that you share our concerns and hope that you will act on our suggestion.  We look forward to assisting you in any way that we can to initiate the preparation of this vital project for midtown Manhattan.

WHEREAS, The location of 62 Madison Avenue is a 72-room boutique hotel (the "hotel"), originally built in 1902, on the northwest corner of Madison Avenue and 27th Street, the front of which currently has a "bus idling sign" that is used for tour buses; and

WHEREAS, The presence of these tour buses directly in front of the entranceway to the hotel creates additional traffic congestion on Madison Avenue and, more importantly, a very hazardous condition for guests and hotel staff, as they often are forced to load and unload vehicles in the second or third western-most traffic lanes on Madison Avenue while such tour buses are parked or idling; and

WHEREAS, The presence of the tour buses also makes it difficult and somewhat unsafe for the hotel's service staff to perform standard hotel functions, such as carrying in luggage of arriving guests, hailing and retrieving  taxi cabs, and running the parking valet service; therefore, be it 

RESOLVED, That in order to mitigate these traffic conditions and to improve guest and hotel staff safety, Community Board Five requests that DOT: (1) to place signage creating a No-Standing Zone in front of the entrance to the hotel utilizing the same space that currently is being utilized by the tour buses, and (2) to explore the optimal alternate locations for moving this tour bus stop, including a location around the corner from the hotel on 27th Street between Madison Avenue and Fifth Avenue.

WHEREAS, The north side of East 23rd Street, on the block bounded by Park Avenue South and Lexington Avenue, contains a double-length bus stop on its easterly end and a no-standing zone on the remainder of the street; and

WHEREAS, A fire hydrant is located within the no-standing zone directly in front of the entrance to the residential building located at 121 East 23rd Street; and

WHEREAS, Use of the bus stop is restricted to passenger pick-up and drop-off, yet MTA and NYC Transit buses utilize the no-standing zone as a bus layover area; and

WHEREAS, The residents of 121 East 23rd Street are concerned about the illegal use of the no-standing zone by buses and, in particular, the blocking of the fire hydrant by said buses, causing concerns about safety and access by fire department and other emergency personnel; and

WHEREAS, It has been requested by representatives of the building that the MTA and NYC Transit take measures to assure that their buses do not illegally park in the no-standing zone or in the area in front of the fire hydrant; and

WHEREAS, It has also been requested by representatives of the building that NYPD enforce the no-standing regulations to assure that buses do not illegally layover in the no-standing zone or in the area in front of the fire hydrant; therefore, be it

RESOLVED, That Community Board Five requests that the MTA and NYC Transit take such measures as may be necessary to assure that their buses do not illegally park in the no-standing zone or in the area in front of the fire hydrant on the north side of East 23rd Street between Park Avenue South and Lexington Avenue; and be it further

RESOLVED, That Community Board Five recommends that the NYPD enforce the no-standing regulations to assure that buses do not illegally layover in the no-standing zone or in the area in front of the fire hydrant; and be it further

RESOLVED, That Community Board Five recommends that the MTA and NYC Transit review the use of the double-length bus stop on the easterly end of said block to determine whether consolidation or shortening of said bus stop is appropriate; and be it further

RESOLVED, That Community Board Five requests that representatives of the MTA, NYC Transit, and NYPD meet with residents of the street and a representative of Community Board Five in order to establish appropriate procedures for the carrying out of the foregoing resolutions.

WHEREAS, Each weekday and on the weekends, there is "bumper-to-bumper" traffic immediately in front of The 225 Fifth Avenue Condominium (the "building") between 26th and 27th Street at 6pm, when the parking rules change, thereby preventing delivery trucks for the building from pulling up to curbside and thus forcing these trucks to double-park in the eastern-most traffic lane, exacerbating the already heavy traffic conditions; and

WHEREAS, On many week nights, limousines servicing local banks and businesses may also line up in this same lane, further blocking the entrance to this building and thus forcing the delivery trucks to double-park in the second eastern-most traffic lane, which is almost in the middle of Fifth Avenue, further contributing to the heavy traffic conditions; and

WHEREAS, The MTA uses the 26th Street area between Fifth Avenue and Madison Avenue as a staging area for buses, and when busses and other vehicles are stopped at Fifth Avenue waiting to turn, as the bus parking area allows only one lane to be open for through-traffic, this again adds congestion to the already congested street; and

WHEREAS, Taxi cabs and other cars dropping off passengers for the building must frequently stop in the second or even the third eastern-most traffic lane due to the above conditions; and

WHEREAS, These passengers often are unable to walk through the gaps of the stopped or parked vehicles in front of the building and must therefore walk on the street either up or down Fifth Avenue to get to the sidewalk and the entrance to the building; and

WHEREAS, A rooftop bar/nightclub at 230 Fifth Avenue creates a major traffic jam on the western side of Fifth Avenue diagonally across the street from the entrance to the building; and

WHEREAS, Fifth Avenue narrows immediately below 26th Street and, therefore, traffic is often funneling into the middle of Fifth Avenue at high speeds at those times when there is not a high volume of vehicles; and

WHEREAS, All of the above conditions create a unique and dangerous traffic situation which in turn creates significant safety issues for the residents of and visitors to the building; therefore, be it

RESOLVED, That in order to ameliorate the conditions described above, Community Board Five requests that DOT create signage for a No-Standing Zone in front of the entrance to 225 Fifth Avenue that is 20 feet in length, enough to accommodate one vehicle; and be it further

RESOLVED, That Community Board Five requests that DOT extend the hours of commercial parking permitted on 27th Street between Madison Avenue and Fifth Avenue to 10 p.m. from 6 p.m., which would allow delivery trucks to service the building, which abuts that block, during those additional hours without having to occupy traffic lanes on Fifth Avenue.

WHEREAS, The number and activity of taxies on Vanderbilt Avenue between East 42nd Street and East 44th Street have caused excessive congestion and pedestrian safety issues; and

WHEREAS, This is due in part to the lack of adherence to existing regulations by taxi and non-taxi vehicles, as evidenced by the fact that 50-75 tickets are issued each day for various moving and parking violations; and

WHEREAS, The DOT, in conjunction with MTA MetroNorth Railroad (which owns the land on Vanderbilt Avenue) and the Grand Central Partnership (which operates the local taxi stands), has recommended the following solutions to these problems: 

WHEREAS, There will be no changes to signaling or turning regulations at the intersection of Vanderbilt Avenue and 42nd Street; and

WHEREAS, Implementation of the above plan will be coordinated with MTA MetroNorth Railroad and the Grand Central Partnership; and

WHEREAS, Any significant changes to the above-stated plan will be presented to the Transportation & Environment Committee of Community Board 5 for review; therefore, be it

RESOLVED, That Community Board Five recommends approval of the DOT’s proposed safety improvements on Vanderbilt Avenue.

The above resolution passed with a vote of 32 in favor, 0 opposed, 1 abstaining.

WHEREAS, New York City currently has 13,000 taxicabs on its streets with Community Board Five having some of the highest concentration of them in the city; and

WHEREAS, All but 375 of New York City taxicabs are powered by traditional gasoline engines with the vast majority of them being Ford Crown Victorias that get 14 miles per gallon; and

WHEREAS, Hybrid electric vehicles on average get 30 miles per gallon and will save the average taxicab driver $10,000 per year in fuel costs; and

WHEREAS, Hybrid electric vehicles will provide New York City with clean air benefits equivalent to removing 32,000 cars from city streets and will reduce carbon output by 215,000 tons; and

WHEREAS, The Bloomberg Administration has proposed as part of its PlaNYC to replace the entire New York City taxicab fleet with hybrid electric taxicabs by 2012 under the following schedule:

• October 2008 - 1000 yellow hybrid taxicabs

• October 2009 - 4000 yellow hybrid taxicabs (30% of the fleet)

• October 2010 - 7000 yellow hybrid taxicabs (53% of the fleet)

• October 2011 - 10000 yellow hybrid taxicabs (76% of the fleet)

• October 2012 - all yellow taxicabs will be hybrid (100% of the fleet); and

WHEREAS, Although the Bloomberg Administration is proposing to replace the entire taxicab fleet with cleaner more efficient vehicles, Community Board Five would prefer all taxicabs also be handicapped accessible, as well as being equipped with child safety seats; therefore be it

RESOLVED, That Community Board Five supports the Bloomberg Administration's proposal to make the entire New York City taxicab fleet hybrid electric by 2012 and also recommends that all taxicabs be handicapped accessible by 2012.

WHEREAS, The NYC Department of Transportation is seeking approval to complete Phase II of a Decorative Street Lighting Program in the Fashion Center district; and

WHEREAS, This plan will replace approximately 41 existing cobra head lampposts with decorative Bishop’s Crook lampposts in the core of the district (the side streets from 36th to 39th Streets between 6th and 8th Avenues); and

WHEREAS, The Bishop’s Crook lampposts are 26’ 7” tall and made of cast iron and the luminary is geographically closer to the sidewalk thereby giving off more light for pedestrians; and

WHEREAS, The lampposts are able to support banners and holiday lighting that is typically displayed around the city; and

WHEREAS, Council Speaker Christine Quinn has allocated $417,000 of Resolution A funds for the new fixtures; and

WHEREAS, This program was launched in the early 1990’s by the Fashion Center BID for the purposes of beautifying the streetscape and improving lighting throughout their district; and

WHEREAS, Community Board Five approved the initial light fixtures and their installation and the DOT is proposing the same fixtures as are currently installed on the surrounding avenues; therefore be it

RESOLVED, That Community Board Five recommends approval of Phase II of the Fashion District Distinctive Street Lighting Program.

The above resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.  

WHEREAS, There are two bills pending in the City Council, Intro 331 and Intro 75, to establish safety and consumer protection rules for pedicabs in New York City and the City Council is expected to act on this matter in the near future; and

WHEREAS, The growth of pedicabs has a profound impact on Community Board Five since much of their operation occurs within the Board’s boundaries; and

WHEREAS, Pedicabs have created new traffic issues including the additional congestion caused by sharing the already crowded streets of New York and large numbers of pedicabs parked outside of Broadway theaters at the time the shows let out; and

WHEREAS, Community Board Five held a public hearing and heard pro and con views about pedicabs including:

1. Concern about pedicabs following and the police enforcing existing traffic laws;

2. The need for more vehicles such as pedicabs which do not use fossil fuels or pollute;

3. How Pedicabs have helped people get places when they have been unable to get a taxicab or utilize other modes of transportation;

4. The desire to reduce the number of pedicabs congregating in one location;

5. The competition pedicabs create for the taxicab industry;
6. Support for safety and consumer protection regulation of pedicabs including licensure and insurance requirements; therefore be it

RESOLVED, That Community Board Five supports the idea of having the City of New York Department of Consumer Affairs regulate the pedicab industry and recommends that the City Council include the following items in its legislation to establish a regulatory structure:

1. Require all pedicabs to have an easy to read license tag. All pedicab drivers be licensed and should take a test to get the license. The test should include an understanding of the rules of the road as well as questions on driver safety and knowledge of the city. A background check and drug tests should be a part of the procedure for getting a pedicab license.

2. The vehicles must be inspected at least annually for a variety of safety features and road worthiness as part of any license renewal process. Procedures for the transfer of pedicab licenses should be created.

3. Require all pedicabs to carry an adequate level of insurance in the case of an accident.

4. Require all pedicabs to have safety features including headlights, taillights, turning indicators, side mirrors and safety belts for passengers. Pedicabs should be prohibited from carrying more people than they are designed in order to ensure the safety of passengers.

5. Require all pedicabs to follow the rules of the road including stopping at traffic signals, not passing motor vehicles on the right, no parking on sidewalk, using the left hand side of the street.

6. Establish a uniform pricing mechanism and post prices conspicuously. The City Council should examine the zone pricing system Washington D.C. uses for its taxi cabs and consider using it for pedicab pricing. Pedicabs should give all passengers receipts.

7. Establish pedicab standing zones particularly in the theatre district and central park where people can get a ride in a pedicab. The rule of 5 should be used, meaning that no more than 5 pedicabs can be in the standing zone at one time.

8. Provide a review period for the new regulatory structure to determine whether or not it is working. There should be no initial restrictions on where pedicabs can operate; be it further

RESOLVED, Community Board Five requests adequate resources be provided to the Department of Consumer Affairs, the NYPD, the Taxi and Limousine Commission or any other appropriate agency for consistent and strong enforcement of the current traffic rules for pedicabs and of the new rules and regulations resulting from this legislation for this is the only way to ensure the safety and protection of pedestrians, pedicab riders and operators.

The above resolution passed with a vote of 29 in favor, 2 opposed, 2 abstentions.

WHEREAS, CL Limo A LLC d/b/a Crown Limousine and Transportation is a black car and limousine service which is licensed by the Taxi and Limousine Commission and dispatches cars to locations when called; and

WHEREAS, Crown Limousine and Transportation currently has its base station, the place where its phone dispatchers are located, at 245 West 72nd Street; and

WHEREAS, Crown Limousine and Transportation would like to open a base station at 134 West 37th Street, 2nd floor; and

WHEREAS, Crown Limousine and Transportation has assured Community Board Five that this base station is only for the purpose of dispatching cars and will not have black cars or limousines parking outside of the location; therefore be it

RESOLVED, That Community Board Five recommends approval for the opening of a base station for Crown Limousine and Transportation at 134 West 37th Street.

The  above resolution passed with a vote of 32 in favor, 0 opposed, 1 abstention. 

WHEREAS, The Department of Transportation is planning to make permanent pedestrian safety improvements to 7th Avenue between 31st and 34th Streets; and

WHEREAS, The improvements include creating neck downs (also called curb extensions) in the following locations:

• the northwest, northeast and southeast corners of 34th Street and 7th Avenue

• the northeast and southeast corners of 33rd Street and 7th Avenue

• the northeast and southeast corners of 32nd Street and 7th Avenue

• the northeast, northwest and southeast corners of 31st Street and 7th Avenue; and

WHEREAS, The improvements also include:

• expanding the curb line on the east side of 7th Avenue between 31st and 32nd Streets by 10 feet

• expanding the curb line on the west side of 7th Avenue in front of Pennsylvania Station, between 31st and 33rd Streets by 6 feet

• expanding the curb line between 33rd and 34th Streets by 2 feet; and

WHEREAS, The Department of Transportation has conducted several traffic studies of the area to determine that the changes will not adversely affect current bus or taxi flow or stops; and

WHEREAS, These changes will enlarge the curbs and sidewalks for pedestrians, creating a safer travel environment; and

WHEREAS, Community Board Five request that no vendors be allowed to sell on the sidewalk; and

WHEREAS, The Department of Transportation has agreed to explore the possibility of adding a neck down on the southwest corner of 34th Street and 7th Avenue; therefore be it

WHEREAS, Community Board Five continues to be concerned about the proliferation of street vendors and wants to ensure that any new sidewalk expansion in this area is made available to pedestrians and is not utilized by vendors; and

WHEREAS, Hotel 57, located at 130 East 57 Street, is an establishment of 130 rooms and has requested a Hotel Loading Zone in front of its establishment and meets the Department of Transportation rules permitting Hotel Loading Zones for any hotel with more than a hundred rooms; and

WHEREAS, The current rules prohibit parking between 6 am and 10 am and 3 pm and 7 pm so that the curb lane can serve as a bus lane; and

WHEREAS, At all other times the area in front of Hotel 57 serves as a taxi stand; and

WHEREAS, Community Board Five supports leaving the parking restrictions for the bus lane during morning and evening rush hours; and

WHEREAS, Hotel 57 has agreed in writing to help police the loading zone to ensure that taxis, black cars, limousines and other vehicles stand in this area only for expeditious loading and unloading; therefore be it

RESOLVED, That Community Board Five supports the installation of a hotel loading zone in front of Hotel 57 in non-rush hours.

The above resolution passed with a vote of 36 in favor, 0 opposed, 1 abstention.   

WHEREAS, The community in the vicinity of Central Park South has raised concerns about the safety of pedestrian crossing at Central Park South at Sixth and Seventh Avenues; and

WHEREAS, The traffic at Sixth Avenue feeds into the Park Drive at Central Park South which is closed for large portions of the day requiring vehicular traffic to turn east or west rather than going straight; and

WHEREAS, Three bus lines and many taxis turn west on Central Park South and Sixth and south on Seventh Avenue at Central Park South; and

WHEREAS, The crossing intervals for pedestrians, especially for senior citizens and people with disabilities, is too short and makes it difficult for people to cross at both Sixth and Seventh Avenues and Central Park South; and 

WHEREAS, Transportation Alternatives recommends a standard of 2.5 feet/second be used in calculating pedestrian street crossing time, while the NYC Department of Transportation uses 4 feet/second; therefore be it

RESOLVED, That Community Board Five requests the NYC Department of Transportation undertake a review of traffic signaling at the intersections of Sixth and Seventh Avenues at Central Park South, including an examination of increasing leading pedestrian intervals and utilizing Barnes’ Dances, with the goal of providing all pedestrians safe crossing at these intersections.

The above resolution passed with a vote of 30 in favor, opposed, 2 abstentions.   

WHEREAS, The Department of Transportation has begun installing bus pads, which are concrete reinforced pavement in bus stops to increase their strength and improve their longevity; and

 WHEREAS, Department of Transportation is embarking on an installation and replacement project for bus pads citywide; and

WHEREAS, The Department of Transportation has requested input from Community Boards about which stops in their localities need bus pad installation or repair; therefore be it

RESOLVED, That Community Board Five has identified the following bus stops as priorities in need of new bus pads and curb replacement:

• Irving Place & East 14th Street South Side; cross-town stop

• North Side of 14th Street between Broadway and University; cross-town stop  

• SE corner of 23rd and Park; the cross-town stop

• SW corner of 23rd and 5th, the downtown stop

• SW corner of 23rd and 5th, the cross-town stop 

• NW Corner of 34 Street and 5th Avenue, cross-town stop

• SE Corner of 34th Street and 6th Avenue, cross-town stop

• NW Corner of 34 Street and 6th Avenue, cross-town stop

• SE Corner of 34 Street and 7th Avenue, cross-town stop

• NW Corner of 34th Street and 7th Avenue, cross-town stop

• SE Corner of 34th Street and 8th Avenue, cross-town stop

• NW Corner of 34th Street and 8th Avenue, cross-town stop

• Northwest Corner of 42 Street and 5th Avenue, cross-town stop

• Northwest Corner of 42 Street and Broadway, cross-town stop

• Northwest Corner of 42 Street and 8th Avenue, cross-town stop

• Southeast Corner of 42 Street and 7th Avenue, cross town stop

• Southwest Corner of 50th Street and 7th Avenue, cross-town stop

• West 50th/7th  Avenue, the downtown stop

• East 50th Street and Madison Avenue, two uptown stops

• Southeast Corner of 50th Street and Madison, cross-town stops

• NW Corner of 57th and 7th Avenue, cross-town stop

• NW Corner of 57th and 6th Avenue, cross-town stop

• SE Corner of 57th and 6th Avenue, cross-town stop

• NW Corner of 57th and 5th Avenue, cross-town stop

• SE Corner of 57th and 5th Avenue, cross-town stop

• SW Corner of 57th and Madison Avenue, cross-town stop

• NW Corner of 57th and Madison Avenue, cross-town stop

• NW Corner of 57th and Lexington Avenue, cross-town stop

• NW corner of Central Park South and 7th Ave, cross town stop

• South Central Park South and Columbus Circle, cross-town stop  

• SW corner of Central Park South and 7th Avenue, cross-town stop

• SW corner of Central Park South and 6th Avenue, cross-town stop

WHEREAS, Pedestrian congestion has been a persistent problem in Herald Square and Greeley Square between 32nd and 35th Street between Broadway and the Avenue of the Americas; and

WHEREAS, The Department of Transportation undertook temporary expansion of the pedestrian walk space in Herald Square and Greeley Square in 2001 by painting lines and placing bollards and planters in the street to create more walking room; and

WHEREAS, Pedestrian traffic studies have shown that this extra room has created more space for pedestrians to walk and is not adversely impacting vehicular traffic in the area; and

WHEREAS, The Department of Transportation is proposing to make the temporary pedestrian walkways permanent including expansion of the sidewalk:

• In front of Macy's;
• At the Northwest and Southwest corners of 32nd Street;
• At the Northwest and Southwest corners of 33rd Street;
• On all sides of Herald and Greeley Squares; and

WHEREAS, Community Board Five continues to be concerned about street vendors in Herald Square and Greeley Square and wants to ensure that any new sidewalk expansion in this area is made available to pedestrians and is not utilized by vendors; and

WHEREAS, Community Board Five has supported past efforts to create more pedestrian walkways in Herald Square and Greeley Square; therefore be it

RESOLVED, That Community Board Five supports the Department of Transportations plan to create a permanent sidewalk where the temporary pedestrian walkways now exist; and be it further

RESOLVED, That Community Board Five urges the NYPD and the Department of Consumer Affairs to enforce the Street Vendor laws to ensure that the newly created sidewalk space is available for pedestrians and is not used by street vendors.

WHEREAS, Central Park is the major recreation spot in Manhattan whose internal roads are currently packed with joggers, bikers, roller-bladers, walkers and others desiring outside recreation, in addition to vehicular traffic; and

WHEREAS, Numerous health and environmental organizations support a “car free summer” in Central Park including the America Lung Association, the Sierra Club, the American Heart Association and the League of Conservation Voters; and

WHEREAS, The entrances to Central Park Drive at West 90th Street, West 77th Street, East 102nd Street, and East 90th Street have been permanently closed since January 2005 without known detrimental impact to the surrounding neighborhoods; therefore be it

RESOLVED, That Community Board Five supports Mayor Bloomberg in his placing additional restrictions on car traffic in Central Park starting on June 5, 2006 through mid-November 2006, with Central Park’s West Drive open to motor vehicles only from 7:00 am to 10:00 am and Central Park’s East Drive north of 72nd Street open only from 3:00 pm to 7:00 pm; and

RESOLVED, That Community Board Five recommends the City fund an independent study to assess the environmental and traffic impact on the partial road closers, including but not limited to: air quality in and around the Park, how much traffic increases on proximate alternate routes and related congestion, possible increased travel times, pedestrian/vehicular accidents, and the effect on businesses inside the Park.

The above resolution passed with a vote of 19 in favor, 11 opposed, 1 abstention.  

WHEREAS, Credit Suisse has requested a taxi stand on the south side of 24th Street just west of Park Avenue South from 7:00 p.m. to 12 midnight from Monday through Friday; and

WHEREAS, This area is currently a “No Standing -Loading and Unloading” zone of approximately 75 feet (3-4 car lengths) from 7:00 a.m. to 7:00 p.m., Monday through Friday; and

WHEREAS, There would be no additional spaces taken away and the addition of the stand would simply extend the hours of restricted parking; and

WHEREAS, 24th Street between Madison Avenue and Park Avenue South is primarily defined by Credit Suisse’s two office buildings; and

WHEREAS, They have hundreds of employees exiting their offices in the evenings and are concerned about their safety; and

WHEREAS, Community Board Five posted signs for the change and no residents expressed concern and the 13th Police Precinct and the Taxi and Limousine Commission have given their approval; and

WHEREAS, Community Board Five will review consideration for expansion of the taxi stand after six months; therefore be it

RESOLVED, Community Board Five recommends approval of the application for a taxi stand of approximately 75 feet on the South Side of 24th Street just west of Park Avenue.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention. 

WHEREAS, ESM Construction is constructing two separate buildings one on 18th Street between 5th and 6th Avenues and the other on 17th Street between 5th and 6th Avenues on back to back lots; and

WHEREAS, The Department of Transportation has granted both sites the customary curb lane of traffic for a construction staging area; and

WHEREAS, The builder has requested an additional lane of traffic for approximately 4 months for a crane at each site help build the structures; and

WHEREAS, The additional lane of traffic has already been granted for the 18th Street site; and

WHEREAS, The Department of Transportation has informed Community Board Five that the 18th Street site has been done in a neighborhood friendly manner and has not generated complaints; and

WHEREAS, ESM Construction requested a similar lane closure on 17th Street for approximately 4 months; and

WHEREAS, The cranes necessary to construct the building have insufficient room to swing and maneuver into the construction site without the extra lane of traffic; and

WHEREAS, The structure to the west of the construction site is leaning slightly into it and the structural integrity of this building will be improved by the new structure; and

WHEREAS, The Flatiron Alliance has expressed opposition to the lane closures citing concerns regarding the impact of the lane closures on vehicular traffic; and

WHEREAS, A number of other construction sites in Community Board Five have been granted this extra lane on a temporary basis; therefore be it

RESOLVED, Community Board Five recommends that ESM Construction be granted an extra lane on 17th Street between 5th and 6th Avenues in front of the construction site for a maximum of four months and that no parking be permitted in the curb lane on the South side of the street until the lane is re-opened for traffic.

The above resolution passed with a vote of 20 in favor, 6 opposed, 1 abstention. 

WHEREAS, the MTA and the LIRR are undertaking a project known as East Side Access which would bring LIRR trains into Grand Central Terminal; and

WHEREAS, Community Board 5 is on record twice as preferring the Upper Level Loop Alternative that would make use of five existing platform tracks now used by Metro-North at Grand Central Terminal and not require a new station;

 WHEREAS, the MTA and LIRR have chosen to build a deep cavern station below Park Avenue to serve these passengers; and

WHEREAS, the new station requires ventilation and storage facilities to serve it and the MTA has proposed building this facility on East 50th Street between Madison and Park Avenues; and

WHEREAS, the original design brought to Community Board 5 in 2005 created major concerns from the residents and property owners including:

• Safety concerns about having diesel fuel to power generators in case of a power failure;
• The canyon impact with exhaust due to the high rise buildings surrounding the facility.
• Disruption of the community during construction that would occur during this 6 year project; and

WHEREAS, the MTA and LIRR have addressed the community's concerns by:

• Building a smaller facility which buries underground the machinery and diesel tanks associated with the station;
• Places the station exhaust on top of one of the buildings eliminating the canyon effect;
• Creating a covered drive from 49th Street to 50th Street for construction and loading and unloading of trucks to serve the station; and

WHEREAS, the new facility fits the character of the neighborhood and includes a small park where people can eat lunch, relax and enjoy a nice day; and

WHEREAS, the MTA and LIRR have pledged to follow all city building codes; therefore be it

RESOLVED, Community Board Five commends the MTA and LIRR for altering its plans based on neighborhood concerns and expresses support for changes to the 50th Street ventilation project as it is now configured, while at the same time reaffirming its preference for the Upper Level Loop Alternative.

WHEREAS, Many major MTA subway and bus routes operate throughout Community Board Five; and

WHEREAS, Businesses, residents and visitors who work, live and visit Manhattan regularly use the MTA subway and bus routes; and

WHEREAS, Community Board Five has a legitimate interest in the regular operation and safety of all MTA routes that operate in the District; and

WHEREAS, Changes to MTA schedules, bus stops, and routes affect those who work, live and visit the Community Board Five area; and

WHEREAS, The MTA rarely notifies Community Board Five about these changes before they occur thereby prohibiting community input; and

WHEREAS, Community Board Five has a vested interest in commenting upon changes to schedule and route changes; and

WHEREAS, Community Board Five frequently hears about issues associated with MTA schedules and routes from the community, as was the case with the removal of the 57th Street and Park Avenue bus stop; therefore be it

RESOLVED, That Community Board Five requests that the MTA advise it of any planned schedule or route changes in the Community Board Five area 90 days in advance so that we may offer comment; and be it further

RESOLVED, In order to foster a stronger working relationship, Community Board Five requests that the MTA’s Community Board Five liaison attend quarterly, a scheduled Transportation and Environment Committee meeting.

The above resolution passed with a vote of 28 in favor, 0 opposed, 1 abstention.

WHEREAS, The Flower Market and the Wholesale District located on 27th and 28th Streets between 5th and 8th Avenues are an important part of the economy in Community Board Five and the city as a whole; and

WHEREAS, The vendors patronizing the Flower Market and the Wholesale District many times are small businesses who work out of stores or their apartments and do not have commercial license plates on their vehicles; and

WHEREAS, The parking rules in the area that comprises the Flower Market and the Wholesale District are almost exclusively restricted to commercial vehicles during business hours; and

WHEREAS, These parking rules are causing vendors without commercial plates that are patronizing businesses in the Flower Market and the Wholesale District to receive tickets; and

WHEREAS, The difficulty parking in the Flower District and the Wholesale Market is causing a loss of revenue; therefore be it

RESOLVED, Community Board Five requests that the Department of Transportation examine solutions to the parking problems in the Flower Market and the Wholesale District including but not limited to:

1. Making each block on 27th Street between 5th and 7th Avenues and 28th Street between 5th and 8th Avenues half commercial parking and half metered parking.

2. Making one side of each block on 27th Street between 5th and 7th Avenues and 28th  Street  between 5th and 8th Avenues metered parking and the other side commercial parking; and be it further

RESOLVED, Community Board Five requests that the Department of Transportation come back to the Board with an assessment of the feasibility of these recommendations or other possible solutions.

WHEREAS, The City Council passed legislation in 2003 shifting liability for personal or property injury for broken sidewalks in front of building with four or more units from the City of New York to the building owners; and

WHEREAS, It is the responsibility of the following building owners to maintain the sidewalks in front of their properties:

WHEREAS, Despite the change in the liability law it is still a violation of city law to have a broken sidewalk and not fix it; and

WHEREAS, Many people are not aware of the building owners and want the ability to call a central place to report sidewalk issues; and

WHEREAS, The 311 system was setup to handle these types of complaints from city residents; and

WHEREAS, 311 is refusing to take these calls and is referring people to the Department of Finance to find building owners in order to get sidewalk issues addressed; therefore be it

RESOLVED, That Community Board Five believes it is the responsibility of the City to take complaints on and enforce sidewalk safety for its residents by expeditiously enforcing all existing laws regarding the safe physical conditions of all sidewalks; and be it further

RESOLVED, That city residents should be able to lodge these complaints through the 311 system.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstention.

WHEREAS, Noise is a problem in New York City and Community Board Five and studies have shown excessive noise impacts the health of residents and their quality of life; and

WHEREAS, New York City was one of the first cities in the nation to adopt a Noise Code in 1972 and that noise code has not been updated since its enactment; and

WHEREAS, The Mayor and reports from 3-1-1 have identified noise as one of the major quality of life issues in the city and undertaken a revision of the Noise Code which has been introduced in the City Council as Intro No. 397; and

WHEREAS, This revision in most instances lowers the decibel level for ambient noise and would help address the noise problems many communities face; and

WHEREAS, Specifics of the proposed Noise Code include:

WHEREAS, Community Board Five believes that the following changes need to be made to strengthen the Noise Code:

WHEREAS, Enforcement of the Noise Code is the key element to its effectiveness and we encourage that the Department of Environmental Protection provide adequate resources for this; therefore be it

RESOLVED, Community Board Five supports enactment of the new Noise Code with the above recommended changes.

The above resolution passed with a vote of 27 in favor, 0 opposed, 1 abstention.

WHEREAS, The Fashion Institute of Technology (FIT) has made an application to the New York City Department of Transportation to permanently restrict 27th Street between Seventh and Eighth Avenues and proposes to implement a commons design to achieve a "campus" atmosphere; and

WHEREAS, The FIT proposal would close 27th Street to westbound traffic, restrict vehicular traffic westbound on the street for about 2/3 of the block between Seventh and Eighth Avenues to create a pedestrian plaza, and make the western 1/3 of the block accessible to two-way vehicular traffic from Eighth Avenue with a cul de sac for a turnaround; and

WHEREAS, FIT brought a similar proposal before Community Board Five in July 2000 (see attached resolution) which was rejected by the Board; and

WHEREAS, FIT is a major presence on 27th Street but shares the southwest end of the block with non-FIT buildings which have both business and residential use; and

WHEREAS, The Board held a public hearing where members of the community raised the following concerns about the project including:

• the safety of having two-way traffic on the western end of 27th Street

• vehicles double parking on the two-way street

• the inability of large vehicles to turn around in the cul de sac

• the loss of parking and changes in parking regulations; and

WHEREAS, Although FIT addressed some concerns raised by the Board in the July 2000 resolution and was open and accessible during the process, it did not address other outstanding issues; and

WHEREAS, The Board continues to have concerns about the loss of more than 70 parking spaces throughout the year; and

WHEREAS, FIT continues to rely on a six-year-old traffic study which does not take into consideration the development of numerous new residential buildings in the area or the potential development on the far Westside; and

WHEREAS, FIT has not adequately addressed the safety concerns about two-way traffic on the western end of 27th Street; therefore be it

RESOLVED, That Community Board Five rejects the Fashion Institute of Technology's proposal for a 27th Street commons in its current form.

WHEREAS, In the Fashion Center BID area there are some intersections with as many as 12 plastic news boxes, many in deplorable condition and some without any literature in them; and

WHEREAS, The Fashion Center commissioned Antenna Designs, the firm that designed the new subway cars and the MetroCard machines for the MTA, to design a news rack that would double as a planter thereby lessening the number of fixtures on the already crowded sidewalks; and

WHEREAS, The proposed news box design would brighten the experience of pedestrians in the district by adding plant life and would alleviate the sometimes dark and gloomy atmosphere caused by the height of the buildings and narrowness of the streets; and

WHEREAS, The Department of Transportation has reviewed and approved the design and the Art Commission has requested that a prototype be placed on the plaza of 1411 Broadway or 555 Seventh Avenue prior to the approval of the entire 23-box program; therefore be it

RESOLVED, That Community Board Five supports the proposal by The Fashion Center BID to install a prototype news rack/planter in front of 1411 Broadway or 555 Seventh Avenue to gauge whether this innovative design meets widespread public approval.

WHEREAS, The Fashion Institute of Technology (FIT) has made an application to the New York City Department of Transportation (DOT) to permanently restrict 27th Street between Seventh and Eighth Avenues and proposes to implement a commons design to achieve a "campus" atmosphere; and

WHEREAS, The FIT proposal would close 27th Street to westbound traffic, restrict vehicular traffic westbound on the street for about 2/3 of the block between Seventh and Eighth Avenues to create a pedestrian plaza and make the western 1/3 of the block accessible to 2-way vehicular traffic from Eighth Avenue with a cul de sac for a turnaround; and

WHEREAS, FIT brought a similar proposal before Community Board 5 in July 2000 (see attached resolution) which was rejected by the board; and

WHEREAS, FIT is a major presence on 27th Street but shares the southwest end of the block with non-FIT buildings which have both business and residential use; and

WHEREAS, The Board held a public hearing where members of the community raised the following concerns about the project including:

• The safety of having two-way traffic on the western end of 27th Street;

• Vehicles double parking on the two-way street;

• The inability of large vehicles to turn around in the cul de sac;

• The loss of parking and changes in parking regulations; and

WHEREAS, Although FIT addressed some concerns raised by the Board in the July 2000 resolution and was open and accessible during the process it did not address other outstanding issues; and

WHEREAS, The Board continues to have concerns about the loss of more than 70 parking spaces throughout the year; and

WHEREAS, FIT continues to rely on a six year old traffic study which does not take into consideration the development of numerous new residential buildings in the area or the potential development on the far Westside; and

WHEREAS, FIT has not adequately addressed the safety concerns about two-way traffic on the western end of 27th Street; therefore be it

RESOLVED, That Community Board Five rejects the Fashion Institutes of Technology's proposal for a 27th Street Commons in its current form.

WHEREAS, Community Board Five supports the East Side Access project for the Long Island Railroad which would bring LIRR trains into Grand Central; and

WHEREAS, The MTA is proposing to build a new tunnel and platform 150 feet below ground through its preferred design of East Side Access; and

WHEREAS, The current cost of the East Side Access project is estimated to be $6.3 billion through federal and state funding; and

WHEREAS, It is unclear with New York State's fiscal crisis whether or not funding for transportation projects like the 2nd Avenue subway and East Side Access is going to be available; and

WHEREAS, The MTA wants to build a facility on East 50th Street between Park and Madison Avenues to ventilate the proposed tunnels and platform for Long Island Railroad service into Grand Central Terminal; and

WHEREAS, The MTA has performed an Environmental Impact Statement on the East Side Access project as a whole and an Environmental Assessment on the 50th Street facility; and

WHEREAS, The community on and around East 50th Street has raised serious concerns about the security and safety impact of the facility; and

WHEREAS, The MTA has been accessible during the process and has met with Community Board 5 to hear concerns; and

WHEREAS, There are legitimate security concerns for the facility as the MTA has a history of security problems and has recently left sensitive documents in public trash receptacles making them easy to find; and

WHEREAS, The MTA should investigate a variety of East Side Access alternatives including the Upper Loop alternative to determine if they can be constructed without the East 50th Street Facility and disruption of service on MetroNorth; therefore be it

RESOLVED, That Community Board Five opposes construction of the Ventilation Facility on East 50th Street as currently designed and encourages further study by the MTA of the issues raised by the community including:

• Safety concerns about having diesel fuel to power generators in case of a power failure;

• Concerns about a terrorist attack on the facility by either igniting the diesel fuel or pumping chemicals into the station and tunnels;

• The canyon impact with exhaust due to the high rise buildings surrounding the facility.

• Disruption of the community during construction that would occur during this 6 year project.

And be it further

RESOLVED, That Community Board Five encourages a full review of all alternatives including the Upper Loop Alternative that would permit construction of East Access without the East 50th Street facility and would permit the project to be constructed in a more cost effective and community friendly manner.

WHEREAS, The MTA wants to conduct a pilot program to change train operation on the L line from trains run by a train operator and conductor to Communications Based Train Control (CBTC) which is a radio wave based system that uses a computerized signal system computers to guide the train along its route; and

WHEREAS, Most trains within the subway system currently operate with 2 personnel – a train operator and conductor – running them; and

WHEREAS, Using the CBTC should not eliminate the need for 2 personnel on the each subway train; and

WHEREAS, The MTA plans to conduct the CBTC pilot with only one train operator and will remove the conductor from the L train starting in June 2005 when the pilot is initiated; and

WHEREAS, There are frequent problems in the subway system including blackouts, periodic power failures, fires, and sick passengers; and

WHEREAS, Having a train operator and a conductor on a subway train increase passenger safety and make dealing with emergencies easier; and

WHEREAS, The recent fire impact on the signals of the A and C lines show that the signal system needs to be upgraded; and

WHEREAS, The train operators and conductors do not object to pilot projects testing new signal systems including CBTC as long as they are done in a manner that respects the unique problems and operations of the NYC subway and are done with both a train operator and a conductor; therefore be it

RESOLVED, That Community Board Five supports this pilot only if it is conducted with both a train operator and conductor on each train and requests the MTA share its analysis of the CBTC pilot with the community before proceeding further with the project.

The above resolution then passed with a  vote of 20 in favor, 1 opposed, 1 abstention.    

WHEREAS, New York City Department of Transportation has requested that bicycle racks be placed at numerous locations in Community Board Five; and

WHEREAS,, Community Board Five has supported the installation of Bicycle Racks as long as they allow enough sidewalk clearance and do not interfere with pedestrian traffic; and

WHEREAS, Community Board Five wants to encourage people to use alternative means of transportation and believes availability of bicycle racks will help accomplish this goal; and

WHEREAS, The community, including the Business Improvement Districts, were made aware of the possible installation of these bicycle racks and were permitted to voice their concerns; and

WHEREAS, The bicycle racks meet the conditions set forth by the New York City Department of Transportation; and

WHEREAS, Members of Community Board Five examined the locations for the bicycle racks and support installation of them in locations that will not impede pedestrian traffic; therefore be it

RESOLVED, That Community Board Five recommends approval of the installation of the following bicycle racks as long as they are installed in a manner that minimizes pedestrian obstructions:

• N/S of 27-33 W 23rd St., bet. 5th & 6th Avenues

• S/S of 10 East 21st Street, bet. B/way & 5th Avenue

• N/S of 20 East 46th Street, bet. Madison & 5th Avenues

• W/S of 100 Park Avenue, bet. 40th & 41st Streets

• N/S of 11 East 26th Street, bet. 5th & 6th Avenues

• S/S of 165 West 57th Street, bet. 6th & 7th Avenues

• S/S of 118 East 31st Street, bet. Lexington & Park Avenues

• N/S of 31 West 27th Street, bet. B/way & 6th Avenue

And be it further

RESOLVED, That Community Board Five opposes the installation of bicycle racks at the following location because the residents of the area have raised concerns that they would obstruct the sidewalk:

• N/S of 7 West 55th Street, bet. 5th & 6th Avenues