Resolutions: February 2009

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, September 12th, 2009, and

WHEREAS, The discrimination practices of the Ancients Order of Hibernians is against Community Board Five Street Activity Permit Policies, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, September 12, 2009.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

 WHEREAS, Union Square Hospitality Group has applied for:

1.      A special events permit for the use of Madison Square Park for a Big Apple Barbeque on Saturday, June 13, 2009 and Sunday, June 14, 2009 between the hours of 11:00am and 7:00pm; and

2.      A Street Activity permit for Saturday, June 13^th and Sunday, June 14^th on Madison Avenue, between East 23^rd and East 26^th Streets, and

WHEREAS, Set up will begin late Friday evening and early Saturday morning before the event and cleanup following the event on Sunday, June 14^th; and

WHEREAS, Community Board Five has expressed concerns that over the years, the event has grown in popularity drawing exponentially larger crowds, and has outgrown the area; and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; but Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding this events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department ("City Agencies") to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board Five and the applicant to find the most suitable venue which allows the applicant to grow this event; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department to raise the bond to $10,000, and as per the following stipulations requested by CB5, the applicant agrees to the following:

• Leave the park and surrounding area in pristine condition
• Make a minimum donation of seventy five thousand dollars to the Madison Square Park Conservancy
• Keep this event is open to the public
• The refrigerated trucks will either be moved to 24th St. or a new type of vehicle that is quiet will be used on 25th St as not to disturb those living on the block. There was discussion about what would be placed on 24th and 25th Streets as to cause the least impact on the residents of 25th St.
• During the set up Thursday evening/Friday morning the police will have a presence to make sure this is done in as quiet a manner as possible as not to disturb those living around the park
• Ensure MTA and DOT agree to let the public know in advance that buses will be rerouted during the event. MTA will provide additional crews to keep the 23rd Street Station clean during the event as well as staff to help with directions. Dispatchers will be at bus stops and the police will make sure that no one is parked in the bus stops. The police will also monitor for double parking
• Ensure the police will provide traffic officers to cover the corners of 23rd and Broadway and 23rd and Madison to keep traffic moving and watch out for the pedestrians crossing. At best these corners are dangerous but with an additional fifty thousand people each day they are disasters waiting to happen. The officers there will make those corners safer
• Sanitation has agreed to make extra pickups of the trash throughout the area. It was asked that this be done south of the park as well as north. The Flatiron BID asked for the entire BID district and it was agreed. The BID staff will bag all the trash in receptacles for pickup. This will keep the entire surrounding area as clean as possible. There was an abundance of trash throughout the area due to the event
• Within the Park the police will have their full complement of staff as well as the security from the event. It was agreed that crowd control was needed particularly near the 23rd and Broadway entrance. There was discussion about the crowds there in particular because of the stage and the area for beer. There needs to be a better flow there and this will be addressed; and
• The beer area will again be cordoned off and the permits from the SLA will be posted; and
• Music was also an issue and there was discussion about the volume of the music and length of the sets. The Union Square Hospitality Group will reduce the volume and cut the number of sets; and
• The playground is also of great concern. The crowds in that space are really too large to be safe. Although the Parks Dept. representative told us that no one could be turned away they would have a PEP officer there to make sure no one entered who didn't have a child and that the play was under control; and
• Since there is concern with the number of children in the playground it was suggested that the BABBQ hold something for the children in the tents on either 24^th or 25^th Sts. Some kind of entertainment, maybe puppets, was mentioned. Union Square Hospitality continues to look for children's entertainment.

WHEREAS, The Federation of Indian Association has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on August 16th, 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the Federation of Indian Association parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 15,000 visitors to the festival; and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area; and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board 5 with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board Five and the applicant to find the most suitable venue which allows the applicant to grow its festival; and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Pakistan Day Parade & Street Fair Committee has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on August 02th, 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the Pakistan Day Parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 15,000 visitors to the festival, and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area; and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board 5 and the applicant to find the most suitable venue which allows the applicant to grow its festival; and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, or those celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Philippine Independence Day Council has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on Sunday, June 7th 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the Philippine Independence Day Council parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 15,000 visitors to the festival; and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area; and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board 5 and the applicant to find the most suitable venue which allows the applicant to grow its festival; and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, or those celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, The United Sikh Cultural Society has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on April 25th, 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the Sikh Day Parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 8,000 visitors to the festival, and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area, and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board 5; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board Five and the applicant to find the most suitable venue which allows the applicant to grow its festival; and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, or those celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Muslim Foundation of America has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on April 25th, 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the United American Muslim Day parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 3,000 visitors to the festival; and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area, and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events, and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success, therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board Five and the applicant to find the most suitable venue which allows the applicant to grow its festival, and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, or those celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, St. Bartholomew's Church, built in 1919, designed by eminent architect, Bertram G. Goodhue, incorporating the 1902 McKim, Mead & White entrance portal of the previous St. Bartholomew's Church on Madison Avenue, is a prominent New York City Landmark; and

WHEREAS, This Romanesque Church provides a harmonious setting for the Stanford White portal and gives Park Avenue, between East 50th and 51st Streets an oasis of open space, color, variety of form and detail; and

WHEREAS, Around its large, open terrace at the East 50th Street corner are arrayed picturesque polychromed forms that rise to the ample dome of the Church; and

WHEREAS, In 1983 the Church began an effort to obtain permission from LPC to demolish the Community House and terrace in order to build a high rise office tower on the site; and

WHEREAS, Community Board 5 spearheaded the opposition to this proposal which was ultimately denied by the U.S. Supreme Court, after two failed attempts to convince the LPC of a "financial hardship" justification; and

WHEREAS, This 4,200 square foot terrace is now used as a restaurant with tables and chairs in warm weather and contains planters all year round; and

WHEREAS, The terrace contains an open, unenclosed stairwell, part of the original Goodhue design, that leads one flight down to a metal door with a panic bar that permits emergency egress to East 50th Street; and

WHEREAS, There is access to the Community House/gymnasium one floor below the street level, from a stair landing in the stairwell at street level, also used primarily for emergency egress; and

WHEREAS, Currently, the open stairwell at the terrace is covered by an unsightly makeshift tarpaulin, affording limited protection from the elements and no security from trespassers when the terrace is not in use; and

WHEREAS, There is reportedly water seepage as a result of an inadequate enclosure, potentially allowing structural damage to the Church to occur; and

 WHEREAS, Community Board 5 cannot be certain that structural damage would eventually occur or that a terrorist threat is serious, it is reasonable to assume that the Church would not be undertaking the expense this project if it did not believe so; and

WHEREAS, The Church has proposed a solution to both the problems of exposure to the elements and protecting the stairwell from intruders, using a tempered glass and metal retractable enclosure which is minimally invasive and only slightly noticeable from the public thoroughfare  or the terrace itself, especially when planters and outdoor furniture are in place on the terrace; and

WHEREAS, The proposed enclosure could be locked when the terrace is not in use and retracted and left open when egress is necessary; and

WHEREAS, Although the materials to be used and the appearance are not original to the design of the edifice in any way, Community Board 5 finds this a practical and acceptable solution to the contemporary problems facing the Church; therefore, be it

RESOLVED, Community Board 5 recommends that LPC approves the application of St. Bartholomew's Church, 109 East 50th Street (corner of Park Avenue), to install a stair enclosure at the terrace stairwell.

The above resolution passed by a vote of 18 in favor; 8 opposed; 1 abstaining; 1 present not entitled.

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, the applicant has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Saturday,  July 18, 2009  between the hours of  5:00 PM  and  7:00 PM; and

WHEREAS, The purpose of this proposed event is to celebrate traditional Indian music; and

WHEREAS, This event will require set-up beginning at 4:00 PM and clean-up to be completed by 8:00 PM; and

WHEREAS, This event is free of charge to all spectators, and there will not be any sale of food or merchandise; and

WHEREAS, There will be informational literature distributed at this proposed event; and

WHEREAS, This type of event is non-commercial, educational in nature, requires a minimal footprint, and this briefly occurs within a single afternoon; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Kalavant Center for Music and Dance to conduct this event in the South Plaza of Union Square Park on Saturday July 18, 2009.

The above resolution passed by a vote of 24 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Khaya Cookie Company would like to host an event in Union Square Park near 14th Street between University Place and Union Square East on March 14; and

WHEREAS, The event is free to the public but will sell a symbolic 1,500 boxes of cookies to help launch the company here in the United States and highlight the political efforts of Alicia Polak, the company’s CEO; and

WHEREAS, The commercial nature of the event is of concern as CB5 usually does not support commercial events in parks; and

WHEREAS, The event is in support of a cause that is not local to CB5 and, usually, CB5 favors causes that are indigenous to our district; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by the NYC Parks, for The Khaya Cookie Company on Saturday, March 14, 2009.

The above resolution passed by a vote of 15 in favor; 10 opposed; 2 abstaining.

WHEREAS, A proposal has been received from Learning through an Expanded Art Program (LEAP) to hold a Public Arts Opening Event for NYC Parks Citywide Exhibition in Union Square Park Southside along 14th Street; and

WHEREAS, The event will take place on Thursday, May 28, 2009, inclusive of setup and clean-up, and will include a 30-minute press conference followed by viewing of the "Public Art" project; and

WHEREAS, The press conference will include student presentations and remarks by guests including Commissioner Adrian Benepe, Mayor Bloomberg, Kate Levin and well-known Guest Artists, among others; and

WHEREAS, This event will be the opening event for a two-month citywide student art exhibition, in cooperation with the New York City Department of Parks and Recreation, of 10 school lunch tables decorated by middle school students with murals, photography, poetry, 3-D work, and mosaic during teaching artist residencies through LEAP's "Public Art" program; and

WHEREAS, Amplified sound will be used during the press conference, the event will be free of charge and no merchandise will be sold; and

WHEREAS, Community Board Five encourages the use of New York City parks for such public art events; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Learning through an Expanded Art Program (LEAP) to hold a Public Arts Press Conference/Opening in Union Square Park on Thursday, May 28, 2009.

The above resolution passed by a vote of 24 in favor; 0 opposed; 1 abstaining.

WHEREAS, The event is to be held on Saturday May 16, 2009, from 10am-6pm; and

WHEREAS, Setup will begin at 8am and takedown will last until 7pm; and

WHEREAS, The exact location in Union Square park is the South Plaza; and

WHEREAS, The event will not interfere with the farmers market; and

WHEREAS, The event will have no signage other than self-promotion; and

WHEREAS, The event will have no association with a brand/corporation; and

WHEREAS, The event structure is a table with five personal sewing machines; and

WHEREAS, The machines form an assembly line to manufacture reusable bags made of fabric and plastic; and

WHEREAS, Event staff will create the bags live to gather interest; and

WHEREAS, The bags will be sold at a nominal cost; and

WHEREAS, The bags are not free because the event organizers felt this could promote waste and misuse.  The event organizers felt free bags might be seen as disposable which is opposite the intended message; and

WHEREAS, There will be no future sales or ongoing concern so this should not be seen as a product launch; and

WHEREAS, The event message is seen as positive; and

WHEREAS, The event requires minimal disturbance to the park; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to promote, manufacture and sell re-usable plastic bags in the South Plaza of Union Square on Saturday May 16th, 2009.

The above resolution passed by a vote of 24 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Times Square Alliance is applying for permits for the following special events in 2009:

 WHEREAS, These are long standing popular events; therefore be it

 RESOLVED, that Community Board 5 recommends approval of the Time Square Alliance applications.

The above resolution passed by a vote of 24 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, UNICEF has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Sunday March 22nd, 2009, between the hours of 12 Noon and 6:00 PM; and

WHEREAS, The purpose of this proposed event is to kick-off World Water Week and to promote UNICEF’s Tap Project ®, which is an ongoing effort to bring clean and accessible water to millions of children around the world; and

WHEREAS, This event will require set-up beginning at 11:00 AM and clean-up to be completed by 7:00 PM; and

WHEREAS, This event will be conducted in a 10’X 10’ area adjacent to the water fountain; and

WHEREAS, The magician, Nathan Thompson will be conducting performances intended to educate spectators about UNICEF’s Tap Project ®; and

WHEREAS, This event is free of charge to all spectators, and there will not be any sale of food or merchandise; and

WHEREAS, There will be informational literature distributed at this proposed event; and

WHEREAS, It should be acknowledged that due to the ongoing construction in the North Plaza, and the relocation of the Greenmarket toward the west and the south, there is a decrease in available park space, as well as fewer days in which special events can be held in the South Plaza of Union Square Park; and

WHEREAS, This type of event is non-commercial, educational in nature, requires a minimal footprint, and this briefly occurs within a single afternoon; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by UNICEF to conduct this promotional event in the South Plaza of Union Square Park on Sunday March 22nd, 2009.

The above resolution passed by a vote of 24 in favor; 0 opposed; 1 abstaining.

WHEREAS, It has been observed that limousine vehicles are being parked or idled on many streets throughout midtown Manhattan, particularly on the streets between 59th and 56th Streets from 8th Avenue to Lexington Avenue; and

WHEREAS, Many of these limousine vehicles are parked illegally inasmuch as they are occupying zones during the hours of 4 p.m. to 7 p.m. on weekdays that are designated as No Standing during these hours; and

WHEREAS, Such parking, in addition to being a violation, impedes traffic exiting the Central Business District of Manhattan during the evening 'rush hours'; and

WHEREAS, There are several other locations throughout midtown Manhattan where such violations are being observed to occur on a regular basis; therefore be it

RESOLVED, That Community Board 5 recommends more consistent and rigorous enforcement of these parking violations and calls on:

• the New York City Department of Transportation to review the effectiveness of current parking regulations as they pertain to limousine vehicles and to consider a fare-paying approach for legal limousine parking in various locations throughout the midtown area;
• the New York City Taxi and Limousine Commission (TLC) to increase both its enforcement staff and the level of fines for citations that its enforcement agents may issue to violators; and
• the NYPD, particularly the Midtown North Precinct, to assist and support the TLC in carrying out its enforcement of parking violations by limousine vehicles throughout midtown Manhattan.

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