WHEREAS, Pennsylvania Tourism has filed an application to place a polka band on the sidewalk at 29 East 19th Street, between Broadway and Park Avenue on Wednesday, April 5, 2006; and

WHEREAS, This is a new applicant; and

WHEREAS, Community Board Five takes its role in the review of applications seriously; and

WHEREAS, The applicant was invited to, but did not attend the Consents and Variances Committee meeting to answer any concerns of the Board; therefore be it

RESOLVED, Community Board Five recommends denial of the application by Pennsylvania Tourism.

WHEREAS, Due to the over-saturation of street events in Community Board Five, a recommendation for denial was entered; and

WHEREAS, The applicant was informed that they may come back before the Board if they can show:

•             A more detailed demonstration of what the

               Explorers Club was all about;

•             that they upgrade the quality of the merchandises

               and food to be sold;

•             that the money made at the event will be put towards

               the Club; and

WHEREAS, The applicant has agreed to all of the above; therefore be it

RESOLVED, Community Board Five amends their previous decision and recommends approval of the application by Midtown North Explorers Club to hold an event on 45th Street, between 6th and 7th Avenues.

WHEREAS, Community Board Five has traditionally opposed such installations unless certain criteria are met, including a special relationship between the honoree, New York City and the location where the blade is to be installed; and

WHEREAS, In this case Community Board Five does not feel that such a relationship exists; and

WHEREAS, Community Board Five is also concern with the impact of additional street blades on the city landscape; therefore be it

RESOLVED, That Community Board Five does not support the request for street co-naming of Lexington Avenue, between 33rd and 32nd Streets "NEW YORK DESIGN CENTER PLACE"

WHEREAS, A proposal has been received from the New York City Department of Parks and Recreation and the National Gardening Association to hold an event celebrating National garden Month; and

WHEREAS, The event will be held Saturday April 24, 2006 along the southern end of the Union Square Park with set up starting at 7:00 PM and continuing until 4:00 PM with clean up thereafter; and

WHEREAS, This is an annual event held in a different city each year; and

WHEREAS, The event will primarily be held in individual tented areas in case of rain; and

WHEREAS, There will be minimal amplified sound; and

WHEREAS, Community Board Five desires to encourage urban gardening; therefore, be it

RESOLVED, Community Board Five recommends approval of the application by The New York City Department of Parks and Recreation and the National Gardening Association to hold an event celebrating National Garden Month on Saturday April 24, 2006 along the southern end of the Union Square Park.

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

WHEREAS, The programs will be held in the center oval of the Park on successive Tuesdays and Thursdays from June 6, 2006 through August 31, 2006; and

WHEREAS, Each event, including set-up and clean-up, will begin at 9:00 a.m. and end at 12:00 noon; and

WHEREAS, At the events, performers will entertain children with music and theatre pieces; and

WHEREAS, There will be no admission charged for any of the events; and

WHEREAS, Tee shirts and performer CD's will be sold at the events, the proceeds of which will benefit the applicant and its work on behalf of the Park; and

WHEREAS, Similar programs have been conducted for several years and were well received and attended; therefore be it

RESOLVED, Community Board Five recommends approval of a special event permit for the Madison Square Park Conservancy to hold children's entertainment programs on successive Tuesdays and Thursdays from June 6, 2006 through August 31, 2006 in Madison Square Park.

WHEREAS, The programs will be held in the center oval of the Park on successive Wednesday nights from June 21, 2006 through August 9, 2006; and

WHEREAS, Each event, including set-up, will begin at 12:00 noon and end at 9:00 p.m.; and

WHEREAS, Each performance will begin at 7:00 p.m. and end at 8:15 p.m.; and

WHEREAS, At the events, performers will include a range of musical styles including Jazz, R&B, Folk and others appealing to all ages; and

WHEREAS, There will be no admission charged for any of the events; andWHEREAS, Tee shirts and performer CD's will be sold at the events, the proceeds of which will benefit the applicant and its work on behalf of the Park; and

WHEREAS, Similar programs have been conducted for several years and were well received and attended; therefore be it

RESOLVED, Community Board Five recommends approval of a special event permit for the Madison Square Park Conservancy to hold evening performance art/music series in Madison Square Park on successive Wednesday nights from June 21, 2006 through August 9, 2006.

WHEREAS, The programs will be held near the Farragut Monument on successive Tuesday nights from June 20, 2006 through August 29, 2006; and

WHEREAS, Each event, including set-up, will begin at 6:00p.m. and end at 8:00 p.m.; and

WHEREAS, There will be no admission charged for any of the events; and

WHEREAS, This new program is expected to attract up to 50 local resident spectators; and

WHEREAS, There will be no merchandise sold at the events; therefore be it

RESOLVED, Community Board Five recommends approval of a special event permit for the Madison Square Park Conservancy to hold evening readings in Madison Square Park on successive Tuesday nights from June 20, 2006 through August 29, 2006.

WHEREAS, This event will benefit the Madison Square Park Conservancy with all proceeds going to the Conservancy; and

WHEREAS, There will be tee shirts on sale as well as handouts of Conservancy materials; and

WHEREAS, The event will be held from 11:00 a.m. - 3:00 p.m. with set-up at 10:30 am and clean-up completed by 4:00 p.m.; therefore be it

RESOLVED, Community Board Five recommends approval of the permit for the Madison Square Park Conservancy to hold a Spring Plant Sale from May 10, 2006 through May 12, 2006.

WHEREAS, This event will benefit the Madison Square Park Conservancy with all proceeds going to the Conservancy; and

WHEREAS, The event will be held from 11:00 a.m. - 3:00 p.m. with set up starting at 10:30 a.m. and clean up completed by 4:00 p.m.; therefore be it

RESOLVED, Community Board Five recommends approval of the permit for the Madison Square Park Conservancy for a Fall Plant Sale.

WHEREAS, The festival will be held on Saturday, June 3, 2006,( June 10, 2006 rain date) in the playground and the surrounding lawns and by the reflecting pool; and

WHEREAS, The event will begin at 1:00 p.m. and end at 4:00 p.m.; and

WHEREAS, Set-up will begin at 11:00 a.m. and clean-up will be completed by 5:00 p.m.; and

WHEREAS, Activities at the festival will include face painting, crafts projects and temporary tattoo applications; and

WHEREAS, There will be no admission charged for the event; and

WHEREAS, Tee shirts will be sold at the events, the proceeds of which will benefit the applicant and its work on behalf of thePark; and

WHEREAS, This program has been held previously and was well received and attended; therefore be it

RESOLVED, Community Board Five recommends approval of a special event permit for the Madison Square Park Conservancy to hold a Spring Children's Festival on Saturday June 3, 2006 (June 10, 2006 rain date) in Madison Square Park.

WHEREAS, The festival will be held on Saturday, October 14, 2006 (October 21, 2006 rain date) in the playground and the Oval Lawns and northern area; and

WHEREAS, The event will begin at 1:00 p.m. and end at 4:00 p.m.; and

WHEREAS, Set-up will begin at 11:00 a.m. and clean-up will be completed by 5:00 p.m.; and

WHEREAS, Activities at the festival will include face painting, crafts projects and temporary tattoo applications; and

WHEREAS, There will be no admission charged for the event; and

WHEREAS, Tee shirts will be sold at the events, the proceeds of which will benefit the applicant and its work on behalf of the Park; and

WHEREAS, This program has been held previously and was well received and attended; therefore be it

RESOLVED, Community Board Five recommends approval of a special event permit for the Madison Square Park Conservancy to hold a Fall Children's Festival on Saturday, October 14, 2006 (October 21, 2006 rain date) in Madison Square Park.

WHEREAS, Community Board Five has an establishedprecedent of prohibiting self-promoting performances; therefore be it

RESOLVED, Community Board Five recommends denial of the application of Jeff Thomas to perform in Union Square Park on May, 20, 2006.

WHEREAS, The proposed project will consist of three to four sculptures by Ursula Von Rydingsvard, specific locations as follows:

•         Northwest oval lawns (two sculptures)

•         Southern end near the Shake Shack; and

WHEREAS, The sculptures will be made of wood and set upon sturdy bases thereby making the sculptures stable and immobile; and

WHEREAS, The City of New York Parks & Recreation Department will restore the park grounds upon completion of the project; and

WHEREAS, Informational signage will be consistent with previously approved signage; therefore be it

RESOLVED, Community Board Five recommends approval for Ursula Von Rydingsvard's temporary public art project in Madison Square Park from May through end of December 2006.

WHEREAS, The proposed event will take place between the hours of 10:00 a.m. and 5:00 p.m., including one hour of time to set-up and one hour of time to clean-up; and

WHEREAS, The proposed event is free of charge to all participants and spectators, and there will be no vendors in attendance nor any merchandise for sale; andWHEREAS, The applicant has estimated that the proposed event will attract approximately 500 participants and spectators; and

WHEREAS, Cat and dog adoptions will occur from mobile adoption vehicles and tents, set up and restricted to the northern plaza of Union Square Park; and

WHEREAS, The applicant will require no water nor electrical connections, and will not have any amplified sound; and

WHEREAS, There will be no pamphlets, handbills or advertising matter distributed at the proposed event;and

WHEREAS, The applicant has previously conducted Pet Adoption Festivals in Central Park and Madison Square Park, as well as in other parks in Brooklyn, Queens and Staten Island; therefore be it

RESOLVED, Community Board Five recommends approval of the application for a Special Event Permit by the Mayor's Alliance for NYC's Animals to conduct a Pet Adoption Festival to be held on Sunday, October 22, 2006 on the northern plaza of Union Square Park.

WHEREAS, The event will be held on Friday, April 21, 2006 with set up staring at 8:00 a.m. and continuing until 10:00 p.m. and on Saturday, April 22, 2006 from 8:00 a.m. until approximately 12:00 noon; and

WHEREAS, This is the third annual event with the first two being held in City Hall Park; and

WHEREAS, There will be amplified sound and the appropriate permits will be applied for from the NYC Police Department; and

WHEREAS, There will be additional lighting and a generator; and

WHEREAS, There will be a stage approximately 14 feet x 14 feet; and

WHEREAS, The applicant is aware that there are residential buildings surrounding the south side of the park where the event will be located and has agreed to keep noise to a reasonable level; and

WHEREAS, The applicant has agreed to leave the area cleaner than it was before the event; and

WHEREAS, The signage will consist of three (3) banners with the logos of sponsors placed discreetly on the banners; therefore be it

RESOLVED, Community Board Five recommends approval of the application by the NYC Alliance Against Sexual Assault to hold a special event in Union Square Park on Friday, April 21, 2006 and Saturday, April 22, 2006.

WHEREAS, The event will be held Saturday April 24, 2006 along the southern end of the Union Square Park with set up starting at 7:00 PM and continuing until 4:00 PM with clean up thereafter; and

WHEREAS, This is an annual event held in a different city each year; and

WHEREAS, The event will primarily be held in individual tented areas in case of rain; and

WHEREAS, There will be minimal amplified sound; and

WHEREAS, Community Board Five desires to encourage urban gardening; therefore, be it

RESOLVED, Community Board Five recommends approval of the application by The New York City Department of Parks and Recreation and the National Gardening Association to hold an event celebrating National Garden Month on Saturday April 24, 2006 along the southern end of the Union Square Park.

WHEREAS, On April 24, 2001, the New York City Landmarks Preservation Commission designated 217-247 West 43rd Street as an Individual Landmark; and

WHEREAS, This is an application for a Certificate of Appropriateness for work on the West 43rd Street façade, including modifications to the building entrance, development of a storefront master plan, and a program for  window replacement; and

WHEREAS, The façade modifications include restorative work and replacement of previously removed limestone masonry piers, sympathetic to the Neo-Gothic/French Renaissance style within the original construction; and

WHEREAS, The modifications to the building lobby, whichinclude opening the interior space to manage the pedestrian traffic of an estimated 750,000 tenancy, will also increase the building entrance from three bays to four bays; and

WHEREAS, Prior to 1997, when printing operations were relocated, much of the ground floor of the building had been designated for trucking operations, in contrast the former loading docks will be redeveloped as four storefront bays to the west of the building lobby and six storefront bays to the east of the building lobby; and

WHEREAS, The four proposed storefront bays at the west willhave arched masonry openings, and the proposed six storefront bays at the east will have straight masonry openings; and 

WHEREAS, One-over-one windows were installed during the initial stage of construction in 1912-13, later stages of construction and subsequent alteration have employed the usage of three-over-three and six-over-six windows; and

WHEREAS, The program of window replacement includes that windows on the second floor are to be restored, and that iron-framed windows on the third floor and above are tobereplaced with aluminum-framed one-over-one windows; and

WHEREAS, Community Board Five regrets that arched masonry openings will not be used in the six storefront openings to the east of the building lobby entrances similar to the arched storefront openings to the west; and

WHEREAS, Community Board Five respects the applicants proposed changes and believes they are maintaining the overall integrity of the New York Times building;

therefore be it

RESOLVED, Community Board Five recommends approvalofthe application for a Certificate of Appropriateness for work on the West 43rd Street façade of 217-247 West 43rd Street, including modifications to the building entrance, development of a storefront master plan, and a program for window replacement.

WHEREAS, The store was once a Bell Atlantic Nynex Mobile location with a sign consisting of channel lettering with halo lighting; and

WHEREAS, The store was converted to a Verizon Wireless location and has been utilizing a plastic banner as a sign; and

WHEREAS, The applicant is now proposing to install a permanent sign consisting of an 1/8" thick solid aluminum backer plate fastened to the stone façade at 6 locations in existing grout joints and the backer plate will be painted to match the existing stone finish with color matching screws; and

WHEREAS, The bottom of the backer plate will have an aluminum light shield tray, 2" deep by 2" high, and contain LED white lighting in a solid state that will be invisible to the passerby but offer a wash effect over the lettering; and

WHEREAS, 3/16" thick aluminum letters, a check mark and the words Verizon Wireless, painted red and black, Verizon's official colors, will be attached ¼" off the face of the backer plate and above the light tray adding no additional holes to the building facade; therefore be it

RESOLVED, Community Board Five recommends approval of the application for a Certificate of Appropriateness to install new signage above the first floor storefront at 139 Fifth Avenue.

WHEREAS, The applicant is proposing to restore the facade and maintain it in perpetuity in exchange for the conversion of 1377 square feet from commercial to residential use; and

WHEREAS, On a previously filed application, the applicant has received an approval from the Landmarks Preservation Commission for the construction of a rooftop and rear yard addition on December 13, 2005; and

WHEREAS, The building has not been maintained over the years and currently is in a state of disrepair; and

WHEREAS, The applicant has agreed to restore the building to make it true to its first era, replacing existing windows with two-over-two windows with black mullions, repairing or replacing window sills and lintels, restoring the storefront, exposing cast iron columns, repairing masonry and the brick façade with historically appropriate materials; and

WHEREAS, Community Board Five finds the benefits for this small historic landmark and for the Ladies' Mile Historic District are substantial; therefore be it

RESOLVED, Community Board Five recommends approval of the application for a Special Permit for a modification of use pursuant to Section 74-711 of the Zoning Resolution at 868 Broadway in the Ladies' Mile Historic District.

WHEREAS, This great white cast-iron former flagship store of Stern Brothers on West 23rd Street between Fifth and Sixth Avenues in the Ladies' Mile Historic District, which closed in 2001, was the largest department store in New York until 1910; and

WHEREAS, The applicant, Ecko Complex LLC, clothing designer and major tenant in the building, has applied to install eight poles and four stretch banners (two poles to a banner), held in place on top and bottom and placed between the 3rd and 4th floors; and

WHEREAS, The ground floor Home Depot store already has banners; and

WHEREAS, Historic photos of  40 West 23rd Street show that the store flew its banner from a flagpole on its rooftop as did most of the Commercial Palaces during that period; and

WHEREAS, The present owners, who purchased the building in 1968, have done a careful restoration of the building's cast-iron façade and might wish to keep the banner historically correct; therefore be it

RESOLVED, Community Board Five recommends denial of the application for four banners on the 3rd and 4th floors and suggests instead that the banner be placed on the rooftop as was done in the 1880's, which the applicant's representative stated might be amenable to the applicant.

WHEREAS, Mr. Linetsky and one of the present owners of  "Neogaea," the club that is in operation at this location, attended the Public Safety/Quality of Life  (PS/QL) committee meeting on March 7, 2006; and

WHEREAS, The premises, located in The Latham Hotel, are sandwiched in between the Latham and the Prince George Hotel, two residential apartment complexes housing upwards of 400 tenants in each building including small children and people with mental illness disabilities; and

WHEREAS, Ever since receiving its liquor license in 2005 under the guise of a restaurant,  "Neogaea" has been operating as a club, with loud music reverberating and vibrating throughout the building and patron dancing sometimes until 10:30 a.m. five to six days a week; and

WHEREAS, At the Public Safety/Quality of Life meeting, it was brought to our attention that:

•             the applicant has no lease;

•             there is a lack of and inconsistency in information

               provided in the application;

•             the present owner is in litigation with his partner

               (who is not allowed on the premises due to an 'assault

               charge');

•             they do not have a cabaret permit;

•             they do not have a Health Certificate;

•             they do not have Public Assembly Permit; and

•             the Certificate of Occupancy (attached) does not allow

               for this type of operation; and

WHEREAS, Community Board Five has received from the Buildings Department a copy of the disposition of Complaint # 1156388 (attached), Category code: 31 Certificate of Occupancy – None/Illegal/Contrary to CO, Inspected by Badge #1846, effective December 13, 2005, which states that the premises are under the "operation of a public assembly without a permit, (Dance Club) has active vacate order on it and should not be open for business;" and

WHEREAS, Because of this illegal operation of an 'After Hours Club', the quality of life on this residential street with three apartment buildings, new condominiums and a peaceful plaza for residents to enjoy has been negatively impacted with:

•             noise on the sidewalk and street;

•             noise/music emanating loudly from premises;

•             flyers and debris on the sidewalk;

•             urination on the sidewalk;

•             physical violence (bouncer seen kicking patron in

               street);

•             police having to be called;

•             double/triple parked cars and limos;

•             waiting lines with ropes past the Prince George;

•             clean up in the morning done by the Prince George;

               and

WHEREAS, Community Board Five has on record, residents' complaints as well as numerous incident reports specifically from the Prince George Hotel; and

WHEREAS, The Certificate of Occupancy (attached) does not allow for this type of establishment that has been operating illegally since its inception; therefore be it

RESOLVED, That Community Board Five recommends denialof the transfer of this liquor license because there is no lease or ability on the part of the present owner to transfer the license since he is in litigation with his partner and because the information provided by the applicant is incomplete and inconsistent; and be it further

RESOLVED, That Community Board Five urges the State Liquor Authority to disapprove this application for the above reasons and because the license was obtained under false pretenses and is in violation to the use as stipulated in the certificate of occupancy; and be it further

RESOLVED, ThatCommunity Board Five urges the State Liquor Authority to revoke the original liquor license for Orchid Entertainment, Inc, d/b/a Club Neogaea since the Certificate of Occupancy (attached) allows only restaurant use, (the premises have been under operation as a club which is a direct violation of the Certificate of Occupancy) and the Buildings Department has issued an "Active Vacate Order" (attached) that this operation "should not be open for business."

WHEREAS, The restaurant has been in operation since November 2005; and

WHEREAS, The Board, being sensitive to the needs and concerns of both resident and business owners in this area, recommended against the liquor license (see attached resolution) for these applicants in March of 2005 because the following conditions were not agreed to by the applicants at that time:

•             limit the restaurant's capacity to 170

•             use the basement only for storage

•             not have French doors or windows that open onto

              the street

•             not apply for a sidewalk café

•             not sell their premises without first notifying the

              Community Board; if the premises are to be sold, the

              buyers will submit themselves to the Board for

              approval – such action/application shall be treated as

              a new entity; and

WHEREAS, Pedestrian concentration and noise on the sidewalks, particularly this location, have been a major concern in addition to the other existing conditions residents, property owners and businesses in this area are suffering from i.e.; crowds, litter, vehicular congestion etc.; and

WHEREAS, The sidewalk café would include 13 tables (2 seats each) with 7 tables on Park Avenue South and 6 on 20th Street; and

WHEREAS, The French doors and windows will open onto the street; and

WHEREAS, There are at least 11 other liquor license establishments within 500' of this establishment and while Park Avenue South appears to be a commercial strip, it is now becoming even more residential due to changes in city zoning and is in fact in the middle of an area that is primarily residential in character, with a substantial number of residences on the Avenue, and even more on side streets, including the historically significant Gramercy Park neighborhood; therefore be it

RESOLVED, That Community Board Five recommends denial of the alteration to add a sidewalk cafe to the on-premises liquor license for Thessabul LLC, d/b/a "Barbounia," located at 250 Park Avenue South because it is not in the public interest to add to the already existing pedestrian concentration and noise that a sidewalk café will bring.

Police Department

Safety is a priority for our City.  Modernization and maintenance of city precinct offices is paramount.  Within our District, funding for the 10th precinct must be made a primary concern.  Overall, and clearly, a long-term capital improvement strategy with regard to the 10th Precinct's station house is necessary.  In light of our collective past experiences, our investment in our police force's ability to communicate, especially during crisis, is mission critical.

We again request that staffing levels of the police be increased.  The 2007 budget does not reflect needed growth in both civilian and uniformed staff.  We are pleased, however, that the Traffic Management Initiative will add additional traffic agents.

Fire Department

A long-term capital strategy is required to renovate firehouses and replace equipment according to need.  In addition, in our District, we need a second Hazmat Unit, emergency power backup generators for firehouses and a mobile command post for use in emergencies.  Upgrades for all technology related support is required, including but not limited to: the repeater system for high-rise communications, a laptop command board program and improved communication, and smoke detector, battery distribution programs and community awareness programs.  We agree with increased enforcement efforts in conjunction with the ECB.  We applaud the acceleration of the hiring of new fire fighters.

Department of Cultural Affairs

Cultural institutions are vital to sustaining and supporting life and tourism in our City.  These institutions supply an economic engine that encourages other business and supports ancillary services in every neighborhood. With that comes a responsibility to support the cultural component to our City.  Since you noted in your budget the increase in tourism and the vitality of the city, CB5 urges you to provide additional funding for program groups, cultural institutions and agency staffing especially mid-sized, non-CIG.  We are disappointed in reductions in subsidies.

Libraries

Generally, while we appreciate budget pressures, we are dismayed at the lack of commitment to extending the hours of the libraries, and lack of funding for the long-term capital and technology plan.

The needs of the Donnell Library Center and Mid Manhattan libraries are vital.  To sustain these facilities, long term funding is needed.

Department of Parks and Recreation

CB5 houses several of the City's parks.  While we have made great progress in partnership with the City in this area, more is needed.  Duffy Square and Union Square master plans require funding.  Employees, maintenance resources and a long-term physical plant strategy are required in order to maintain these vibrant resources for our citizens and the people who visit this City.

Department of Homeless Services

CB5 requests full funding for shelter assistance for the City's homeless population.  The City must make an investment in residential facilities for the homeless as well as single-family units for adults.  We believe reductions in support for adult shelters are going in the wrong direction.

Department of Housing and Preservation Development

CB5 requests expanded funding for rental assistance programs.  We encourage third party transfer program expansion to allow not for profit and private sector affordable housing as one method of reducing the expense of providing services to the homeless.  We advocate full funding for code enforcement, anti-abandonment, loan programs and narcotics control.

Department of Transportation

As our City continues its exponential growth, transportation issues are exploding and this is why more support is needed here.  A pedestrian crossing plan is critical for Times Square.  Additional staff is required in the enforcement and engineering areas.  An appropriate long-term technology strategy is also required.

Department of Buildings

CB5 acknowledges past funding for computer initiatives and we encourage the continued implementation of technology to efficiently administer the City's physical plant.

Department of Environmental Protection

CB5 requests that funds for the purchase of land around reservoirs be provided in order to protect the City's supply of drinking water, and that staff inspectors be maintained at the current level.

Department of Aging

CB5 continues to request support of capital funding for the renovations, accessibility, expansions and enhancements to all facilities to support the aging. 

Human Resources Administration

CB5 appreciates the City's support for the development of additional domestic violence programs.  Unfortunately, this growing social issue continues to require immediate action.

Conclusion

We urge you to increase the annual operating expense budget for the City's Community Boards.  New York's Community Boards serve a vital role in improving the quality of life in our city.  For many, the Community Board is the first point of contact as they begin to navigate the often over-whelming maze of city agencies, and for some, it is the last place to turn for help in solving a problem.