October 2011

Every year the Board has a robust discussion about many of the issues that affect our District-this year was no exception. While we recognize the difficult economic environment that will exists for the 2013 budget we ask that there be no cuts to major services affecting CB5.

EXPENSE PRIORITIES:

1. Borough President's Office: Maintain the current budget and staffing levels of CB5.

2. Department of Transportation: Increased funding for traffic planning operations to reduce congestion.

3. Department of Consumer Affairs: Increase funding for inspectors to enforce cabaret laws, street vending and sidewalk cafes. 

4. Department of Environmental Protection: Increase funding to hire additional inspectors to help with noise code enforcement.

5. Police: (Traffic Control) Increase funding for additional civilian hires to free up police for traffic enforcement. 

6. Sanitation: Maintain funding for sanitation enforcement and fund additional training for inspectors, audit staff.

7. Department of Buildings: Increase funding for inspectors and technology.

8. Department of Homeless Services: Increase funding for Shelter Assistance programs, increase funds for homeless services, including but not limited to; affordable quality housing, preventive mental health services, childcare, foster care, drop-in centers, outreach programs, and improved shelter programs.

9. Department of Cultural Affairs: Maintain funding levels for program groups and small lesser known cultural institutions.

10. Department of Aging: Funding for in home care, meals on wheels.

11. Libraries: Funding to maintain the six day library week.

12. Department of Parks & Recreation: Hire a second full time exterminator or continue certification of gardeners for pest control.

13. Department of Parks & Recreation: Hire a fulltime night maintenance crew to rotate between parks.

14. Department of Health & Mental Hygiene: Increase funding for rodent control.

15. Department of Homeless Services: Increase funding for outreach to runaway teenagers.

16. Landmarks Preservation Commission: Funding for additional agency staff.

17. Fire: Improve funding for community outreach for fire prevention.

18. Fire: CPR equipment and training.

19. Police: Reinstate funding for police officers and traffic enforcement officers.

20. Fire Department: Hire additional firefighters (place majority in emergency services / Hazmat)

21. Housing Preservation & Development: Increase funding for code enforcement, litigation and loan programs.

22. Police: Increase staffing for Paid Detail and the Cabaret Task Force.

23. Department of Homeless Services: Funding for DHS police.

24. Department of Transportation: Funding for the education of use of bicycles in a safe manner and a study of the impact on vehicular and pedestrian traffic.

25. Department of HRA and department of Mental Hygiene: Increased funding for the prevention of HIV/AIDS and all STDs.

26. HPD: HRA to filly support long term supportive housing for people with physical disabilities.

27. Libraries: Provide increased hours, diverse programming, strong collections and sufficient staff to support these functions.

CAPITAL PRIORITIES

1. Department of Transportation: Full depth resurfacing of 56^th Street between 5^th and 6^th Avenues.

2. Fire Department: Fund purchase and installation of emergency power backup generators for firehouse.

3. Education: Need an elementary and/or middle school in our district.

4. Police Department: Funds for additional cameras and camera maintenance.

5. Libraries: Maintain the existing library square footage (including the Donnell and Mid-Manhattan branches) and fiscal support for branch libraries within the District.

6. Sanitation: Funding for basket trucks.

7. Department for the Aging: Build additional senior center

8. Fire Department: Fund Additional mobile command posts.

9. Department of Environmental Protection: Fund additional land purchases as buffer to safeguard water supply.

10. Libraries: Increased funding to purchase information technology equipment, such as computer equipment.

11. Department of Transportation: Continued support for Select Bus Service (34^th Street) and expansion to other route.

12. Department of Transportation: Resurfacing of all street identified by the department in priority order.

13. Department of Education:  Fully fund school construction by studying site selection and the development of additional schools.

CONTINUING SUPPORT: CAPITAL

.. Libraries: Upgrade temperature and humidity control systems for main stacks (Central Library) and other branches.

.. Police: support for police precinct modernization.

 .. Transportation: Upgrade and/or overhaul the underground infrastructure which is a current risk for street collapses and other safety issues.

..  Fire: Support for station house upgrades.

.. Transportation: Continued support for the Plaza program (Times Square, Herald Square and 7^th Avenue) and pedestrian improvements. 

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant, Madison Spa Castle, Inc., is to be located at 335 Madison Avenue and is applying for a BSA special permit to legalize a physical culture establishment in the basement and sub-basement at 335 Madison Avenue; and

WHEREAS, The location is to consist of approximately 30,000 square feet of usable public space; and

WHEREAS, The location was previously used as a physical culture establishment (Bally's New York Gym); and

WHEREAS, The spa will offer therapeutic massage, facials, nail treatments, and a variety of skin care treatments; and

WHEREAS, The spa will employ only licensed therapists and technicians; and

WHEREAS, The spa will have three public pools, saunas, juice bar, salad bar, and over 30 private rooms for spa treatments; and

WHEREAS, The spa will operate everyday between 6am and 12am; and

WHEREAS, The applicant, Spa Castle, is well established as a legitimate day spa with multiple locations around the country including a Spa Castle in neighboring College Point, Queens; and

WHEREAS, Spa Castle has received multiple commendations, awards and recommendations from local news agencies, individuals and politicians (including U.S. Congressman Joseph Crowley, NYC Comptroller John C Liu, and NY1 News); therefore be it

RESOLVED, That Community Board Five recommends approval of the BSA special permit to legalize the operation of a physical culture establishment at 335 Madison Avenue.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, the proliferation of newsracks has created cluttered, dangerous, and unsightly conditions on the streets of New York City; and

WHEREAS, the owners of the various publications distributed by the newsracks have largely failed to maintain their newsracks according to applicable regulations; and

WHEREAS, the Department of Transportation has not effectively enforced newsrack regulations because of deficiencies in the current law and lack of personnel; and

WHEREAS, use of the 3-1-1- system for complaints about unlawfully placed or improperly maintained newsracks has not produced meaningful results; and

WHEREAS, other cities have enacted legislation limiting the number of newsracks on each corner, mandating the size, appearance, maintenance, and other requirements and have imposed fair licensing fees to fund enforcement activities;

THEREFORE BE IT RESOLVED that Manhattan Community Board Five request that:

o   The City Council study newsrack legislation in other municipalities and enact a newsrack law which will curb the current abuses and unsafe conditions of our sidewalks

o   The Department of Transportation provide sufficient administrative and personnel resources to satisfactorily enforce the newsrack regulations

o   The Office of the Mayor take necessary action to encourage and enable the Department of Transportation to more promptly and effectively respond to 3-1-1- newsrack complaints

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, In 2008, Mayor Bloomberg and then School Chancellor Joel Klein announced the creation of a new elementary school at the site of the Foundling Hospital, at 17^th Street and 6^th Avenue, in Community Board 5, and

WHEREAS, The proposed school is a unique public-private Partnership Between The School Construction Authority, The New York Foundling Charitable Corporation, and The Rudin Family, which is overseeing the development of St. Vincent's hospital nearby, and

WHEREAS, The proposed school will serve 563 students from pre-K to fifth grade, will be built in the first six floors of the present New York Foundling Hospital, and

WHEREAS, Existing elementary schools serving children residing in CB5 are severely overcrowded, with some schools over capacity by 20%, and

WHEREAS, Parts of Manhattan School District 2, including the West Village and Chelsea are currently being considered for a rezoning to alleviate the overcrowding, and

WHEREAS, When announced, the proposed school was described as a zoned school in the official press-release put forth by the Department of Education (DOE), therefore be it

RESOLVED, That CB5 urges DOE to stand by its word and make the proposed school a zoned school to serve its purpose and its promise to help alleviate the acute overcrowding that elementary school children experience, and furthermore

RESOLVED, that CB5 urges DOE and CEC D2 to start working on the new zone for the school, in conjunction with the current proposed rezoning.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

Dear Speaker Quinn;

Community Board Five would like to chronicle the sequence of events that has happened in the past year regarding the proposed school at 10 East 15^th Street and express our concerns.

In 2010, The School Construction Authority notified CB5 that the construction of a new school was being considered at 10 East 15^th Street.  In May 2010 CB5 held a hearing and voted in favor of the proposed new school scheduled to contain approximately 300 Middle School seats and 550 High-School seats.  CB5 approved the proposal and urged DOE and SCA to create more seats to serve CB5 growing school-age population.

The proposal was reviewed by City Council and it was approved on June 29, 2010, with a capacity of 866 seats.

According the real-estate website The Real Deal, as well as public records, the SCA purchased the site for $39 Million in July 2010.

The site allows for as-of-right hotel or residential development.

In June 2011, some residents from an adjacent building expressed their concerns about the planned construction at 10 East 15^th Street.   In July, we attended a meeting on this matter hosted by Councilmember Rosie Mendez for residents of the adjacent building, The Victoria.  At that meeting, the Councilmember said she would do what she could to help the residents in attendance.  In August, with no further consultation, and despite CB5 support for the initial proposal, the capacity for the proposed school was reduced by 131 seats, including 15 special education seats.  CB5 was not previously informed, nor were we consulted about this change.  No other group, such as CEC, or the Citywide Council on High Schools was informed or consulted on the matter either.  Once CB5 heard of that reduction in capacity, CB5 made its opposition known.

At CB5's Full Board meeting in early September 2011, Councilmember Rosie Mendez's representative Barbara Sherman reported that the SCA and the Department of Education had conceded to pressure from residents of the adjacent building, The Victoria, for a smaller school at 10 East 15^th Street.

We respect and understand the concerns of these residents, and we encourage the relevant city agencies to help mitigate the impact and alleviate their concerns, but we are greatly disappointed that the Councilmember and the SCA have chosen to listen to a small number of voices from one building, who represent a very small percentage of the residents in a district that spans from 14^th to 59^th.  The now-proposed reduction of 131 seats (15 of which were to serve special needs students) from this new school is a disservice to the future of our community -- to our children and their families.

This issue is far greater than individual concerns of noise and views from one building.  This is an issue of access to education for families throughout CB5.  The district of CB5 is one of the four fastest growing areas leading us to be at a higher risk of overcrowding than many other NYC neighborhoods.  Our community has outgrown its outdated image as a purely commercial district.  The day has long since passed when we could afford to be overlooked in the planning for school facilities.  Every year CB5's residential base rapidly increases.  Every seat matters. 

CB5 is outraged that school capacity has been reduced without being consulted when our position had been so clearly and loudly expressed over the years.

CB5 has requested that the SCA take the necessary steps in order to restore these 131 seats to the proposed school at 10 East 15^th Street.  Now, we ask you and your office to join us in pressuring the SCA to heed our request for increased access to schooling for our children.

We sincerely hope you take our position into consideration and will support us in the fight to restore the seats our community was promised.

Ms. Lorraine Grillo
President and CEO
School Construction Authority
30-30 Thomson Avenue
Long Island City, New York, 11101

Dear President Grillo,

In 2010, The School Construction Authority notified CB5 that the construction of a new school was being considered at 10 East 15^th Street.  In May 2010, CB5 held a meeting and voted in favor of the proposed new school scheduled to contain approximately 300 Middle School seats and 550 High-School seats.  CB5 approved the proposal and urged DOE and SCA to create more seats to serve CB5 growing school-age population.

The proposal was reviewed by City Council and it was approved on June 29, 2010.

According the real-estate website The Real Deal, as well as public records, the SCA purchased the site for $39 Million in July 2010.

The site allows for as-of-right hotel or residential development.

In June 2011, some residents from an adjacent building expressed their concerns about the planned construction at 10 East 15^th Street.   In July, we attended a meeting on this matter hosted by Councilmember Rosie Mendez for residents of the adjacent building, The Victoria.  At that meeting, the Councilmember said she would do what she could to help the residents in attendance.  In August, with no further consultation, and despite CB5 support for the initial proposal, the capacity for the proposed school was reduced by 131 seats, including 15 special education seats.  CB5 was not previously informed, nor were we consulted about this change.  No other group, such as CEC, or the Citywide Council on High Schools was informed or consulted on the matter either.  Once CB5 heard of that reduction in capacity, CB5 made its opposition known.

At CB5's Full Board meeting in early September 2011, Councilmember Rosie Mendez's representative Barbara Sherman reported that the SCA and the Department of Education had conceded to pressure from residents of the adjacent building, The Victoria, for a smaller school at 10 East 15^th Street.

We respect and understand the concerns of these residents, and we encourage the relevant city agencies to help mitigate the impact and alleviate their concerns, but we are greatly disappointed that the Councilmember and the SCA have chosen to listen to a small number of voices from one building, who represent a very small percentage of the residents in a district that spans from 14^th to 59^th.  The now-proposed reduction of 131 seats (15 of which were to serve special needs students) from this new school is a disservice to the future of our community -- to our children and their families.

This issue is far greater than individual concerns of noise and views from one building.  This is an issue of access to education for families throughout CB5.  The district of CB5 is one of the four fastest growing areas leading us to be at a higher risk of overcrowding than many other NYC neighborhoods.  Our community has outgrown its outdated image as a purely commercial district.  The day has long since passed when we could afford to be overlooked in the planning for school facilities.  Every year CB5's residential base rapidly increases.  Every seat matters. 

CB5 is imploring you to take the necessary steps in order to restore these 131 seats to the proposed school at 10 East 15^th Street.  We know that the plans are not yet final and construction has not commenced, thus we ask the SCA to move forward with the plan CB5 approved in May 2010.

CB5 is reaching out to the community and our elected officials seeking support of the original plan of 866 seats.  We sincerely hope you take our position into consideration and return to us the number of seats our community was promised.

WHEREAS, 1 East 27th Street is located in the Madison Square North Historic District, a five-story, Italianate club house built in 1890-91 by the architect Robert H. Roberson as an extension to the adjacent Reform Club at 233 Fifth Avenue, and

WHEREAS The buildings remain conjoined and the current owner has applied to NYC Landmarks Preservation Commission to:

            1) Remove an exterior wall at the ground floor and to construct a one story addition at the rear of the building extending to the lot line to maximize the square footage as permitted by the zoning resolution.

            2) Replace the existing non-historic storefront at 1 East 27th Street with a new traditional wood and glass infill storefront.

WHEREAS, The first item is an addition to the building which will allow the occupant, Museum of Sex, to expand its operations and will contain new lavatories; and 

WHEREAS, The 25 ft. by 12 ft. addition will not be visible from the public way and will not impact the appearance of the building and could have been approved at the LPC Staff level if not for a technical issue requiring formal Commission approval; and 

WHEREAS, The second item, the storefront renovation, will serve to conform the building to the appearance of adjacent Historic District properties on East 27th Street by exposing original cast iron columns, using materials including sheet metal, painted wood and glass in keeping with historical architectural features of the District; and

WHEREAS, The changes will provide for current building code requirements such as ADA compliance, there will be no lighting for the new storefront and the signage will be limited to interior painted glass; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to remove the exterior wall at the ground floor to construct a one story addition and to install storefront infill at 1 East 27th Street.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, 14 West 23rd Street (between Fifth and Sixth Avenues) is located in the Ladies Mile Historic District and the second floor tenant, Weight Watchers has applied to install a sign identifying its location; and

WHEREAS, Weight Watchers has some 600 locations throughout the country and is embarking on a corporate program to have more visible, attractive meeting places to reach more clients; and

WHEREAS, The sign with its identifying name will be beneficial to achieve its goals by bringing in more walk-in business; and

WHEREAS, The sign will be placed on a building spandrel and will measure 10 ft. by 1 1/2 ft., with lettering 8 ft. long and 11 1/2 in. high, plus a logo 14 in. high; and

WHEREAS, This signage is in keeping with the commercial character of this block front; therefore, be it 

RESOLVED, Community Board Five recommends approval of the application for installation of Weight Watchers signage at 14 West 23rd Street (Ladies Mile Historic District).

The above resolution passed by a vote of 31 in favor; 0 opposed; 1abstaining.

WHEREAS, 230 Park Avenue (between East 45th and East 46th Streets), formerly known as the New York Central Building, then known as the New York General Building, more recently known as the Helmsley Building, has been an individual NYC Landmark since its designation March 31, 1987, designed by Warren and Wetmore as part of the complex of buildings surrounding Grand Central Station, also designed by these same architects; and

WHEREAS, Built in 1929 as the luxurious headquarters for the New York Central Railroad, 230 Park Avenue is a 34-story office building strategically straddling Park Avenue at East 46^th Street to East 45th Street, offering a premier location as a direct connection to Grand Central Terminal; and

WHEREAS, While it appears that the requested Helmsley signage previously appeared on the building, possibly at the time of designation, the signage has since been returned to the original New York Central signage; and

WHEREAS, As a result of a reported "contractual" obligation to the Helmsley Estate, the current owners have engaged  Beyer Blinder Belle, an architectural firm specializing in historic preservation, to comply with a request to change signage "messages" in three locations to reflect the prior Helmsley ownership:

a)      Two large medallions on the East 46th Street facade which would be changed from a "NYC logo" to an "H' ;

b)      The building name over the front entrance at East 46th Street from "New York Central" to "Helmsley";

c)      The building name over the East 45th Street entry from "New York Central" to "Helmsley"; and

WHEREAS, Despite the worthy efforts in the owner's behalf of Beyer Blinder Belle, to comply with request from the Helmsley Estate, all of these signage message changes are deemed inappropriate both historically and esthetically as well as unnecessary for building identification purposes, since its primary address, "230 Park Avenue",  is how the building is commonly known and referred to; and

WHEREAS, The Helmsley name will remain on the two pedestrian passage ways through the building, Helmsley Walk East and Helmsley Walk West, which adequately memorializes the previous Helmsley ownership, without changing any of the historic building fabric; therefore, be it

RESOLVED, Community Board Five recommends denial of the Application to install signage changes at 230 Park Avenue.

The above resolution passed by a vote of 27 in favor; 4 opposed; 1 abstaining.

WHEREAS, 597 5th Avenue (former Scribner's and Sons bookstore) has been an individual NYC Landmark since 1982 and the interior was also designated a landmark in 1989; and

WHEREAS, The building was designed by the noted Beaux Arts American architect, Ernest Flagg, and was built in 1912-13; and

WHEREAS, Scribner's was in operation for 75 years as a bookstore until it closed in 1989, and was considered by many as Fifth Avenue's most elegant bookstore; and

WHEREAS, The space later became the main Manhattan location for the Benetton company, and currently is leased until 2013 as a Sephora skin care store, and

WHEREAS, Most of the interior architectural elements have remained intact over the years with the notable exception of furnishings and details at the rear, or easterly end of the store, which were removed or replaced over time, leaving the entire interior area at the rear without any of the original elements including a large tripartite bookcase, a picture rail and lounge space; and

WHEREAS, The building's current owners, Thor Equities, also owns 3 east 48th Street, a contiguous building on a separate tax lot, and would like to expand 597 5th Avenue into that building which would provide additional retail space by constructing six openings, 3 on each of the two levels, through the east wall of 597 5th Avenue which is now void of any of the original architectural details; and

WHEREAS, All of the proposed alterations are reversible should the two buildings not continue under the same ownership; and

WHEREAS, The proposed redesign would restore a central tripartite millwork architrave in the style of the original bookcase as the focus of the upper mezzanine and would recreate the separate character of the upper mezzanine with its picture rail molding and two tone wall color; the lower mezzanine would have the character of the clerical support space that is thought to be the original use; and

WHEREAS, One of the objectives of the openings in the upper mezzanine is to make the space less likely to be overrun by merchandise or obstructed by showcases since it would be used by people circulating in and out of the connected space, improving the appearance and sight lines of the interior landmark; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for alterations to the east wall of the ground floor and mezzanine interior space at 597 5th Avenue (former Scribner's and Sons bookstore).

The above resolution passed 597 5th Avenue (former Scribner's and Sons bookstore) Application for alterations to the east wall of the ground floor and mezzanine interior space.

WHEREAS, Community Boards, as the most local form of City government, are uniquely suited to offer input and expertise on individual landmarks applications, and provide advisory opinions to the Landmarks Preservation Commission (LPC); and

WHEREAS, Unlike other land use review processes that abide by a distinct timeline or schedule, LPC does not follow a uniform or defined timeline for the review of landmarks applications; and

WHEREAS, Although LPC refers landmarks proposals to Community Boards for input, Community Boards are not afforded a consistent and defined period of time to provide meaningful review and evaluation for these applications; and

WHEREAS, This arrangement has led to circumstances when Community Board landmarks committees were unable to review a landmarks application prior to an LPC vote; Community Board full boards have been unable to review and vote on an application prior to an LPC vote; and Community Board full boards have overturned votes from their landmarks committees, thereby changing the position of the Board; therefore, be it

RESOLVED, That the Manhattan Community Board Five urges LPC to adopt a formal and defined timeline that allows Community Boards to provide meaningful input on all landmarks applications; and be it further

RESOLVED, That Manhattan Community Board Five recommends that LPC provide Community Boards a minimum of 45 days notification prior to a public hearing.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, 400 Park Avenue South LLC, was granted a Special Permit on December 14, 2004 pursuant to Section 74-721(a) for the purpose of constructing a new building on a 73,587 square foot zoning lot located at 400 Park Avenue South on the southwest corner of 28th Street; and

WHEREAS, The Special Permit was renewed in 2008 for a second three-year term that is set to expire on December 15, 2011 but economic conditions and uncertainty since the grant and the renewal of the Special Permit has meant construction has not yet commenced; and

WHEREAS, The property consists of three vacant tax lots that currently contain a public parking lot; and

WHEREAS, The Special Permit permits the construction of a building with (a) 8-foot side yards between the proposed development and adjacent buildings, (b) windows (not required for light and air) opening on the southern side yard above the height of the adjacent building, and (c) modification of the sky exposure plane, all of these changes dictated by the architecture of the proposed development designed by architect Christian de Portzamparc; and

WHEREAS, The proposed building will have 417,544 square feet consisting of two stories of retail use, a residential lobby, and 342 residential apartments on floors 3 through 40, comprised of both market-rate rental apartments and condominiums; and

WHEREAS, The proposed building includes a new subway entrance at 28th Street and Park Avenue South; and

WHEREAS, The applicant has stated that the facts upon which the Special Permit was granted in 2004 and renewed in 2008 have not substantially changed; and

WHEREAS, The applicant has a prospective buyer for the development site that will not agree to purchase the Zoning Lot unless the term of the Special Permit is renewed and if sold, any purchaser would need a new Special Permit to construct a different building or else could construct an as-of-right building; and

WHEREAS, Community Board Five approved this application when it was first before the Board in September 2004 by a vote of 23 in favor, 1 opposed and 1 abstention and then approved it again for its first renewal in November 2008 by a vote of 29 in favor, 0 opposed, 1 abstaining; therefore be it

RESOLVED, That Community Board Five recommends approval of application of C04095ZSM for the renewal of a Special Permit pursuant to Section 11-43 for the purpose of constructing a new building on the zoning lot located at 400 Park Avenue South.

The above resolution passed passed the following resolution by a vote of 28 in favor, 2 opposed, 2 abstaining.

WHEREAS, Steeplechase, Inc. ("Applicant"), has notified Community Board Five of its intention to renew its on premises liquor license for the ground floor bar located at 15 East 15^th Street (aka 19 East 15^th Street), New York, New York (between Union Square West and Fifth Avenue) (the "Premises"); and

WHEREAS, The Premises consists of 679 square feet of indoor space on the ground floor; and

WHEREAS, The Premises is operated exclusively as a bar, with a total of 6 tables and 42 seats, with light food service; and

WHEREAS, Total capacity of the Premises is 74; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Premises has large windows all along the wall of the Premises on 15^th Street (the "Window Wall"); and

WHEREAS, The Premises has been operated for several years without incident, except for patrons drinking illegally on the sidewalk adjacent to the Window Wall; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      instruct staff and management that under no circumstances are alcoholic beverages to be passed through the windows to patrons on the sidewalk, nor are patrons to be permitted to leave the Premises with alcoholic beverages in hand; and obtain commitment from each staff member to enforce same;

2.      take full responsibility for full compliance with the law in prohibiting the consumption of alcohol on the exterior of the Premises; and

3.      strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

WHEREAS, No members of the public expressed any other concerns regarding the operation of the Premises and no members of the public opposed the conditions and stipulations agreed to by the Applicant; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Joe Regale ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

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

RESOLVED, That Community Board Five recommends denial of the application by Steeplechase, Inc. to renew its on premises liquor license for the ground floor bar located at 15 East 15^th Street (aka 19 East 15^th Street), New York, New York (between Union Square West and Fifth Avenue), unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five is deeply concerned about speed-related roadway deaths and injuries which resulted in the death of 63 people and the injury of 2,150 people in 2009; and

WHEREAS, Pedestrians and cyclists are at a heightened risk of injury in speed-related crashes:  if a pedestrian is hit by a car at 40 mph, there is a 70% chance the pedestrian will be killed; but if a driver strikes a pedestrian at 30 mph, there is an 80% chance the pedestrian will survive; and

WHEREAS, Speeding is the number one cause of deadly crashes in New York City, claiming more lives than drunken driving and distracted driving combined; and

WHEREAS, In 2009, 170 cyclists and pedestrians were killed on New York City's roads; and

WHEREAS, Law enforcement agencies, with increasing responsibility and without commensurate increases in staffing levels, are considering technologies to improve their efficiency; and

WHEREAS, Automated speed enforcement cameras, when used in conjunction with traditional means of traffic enforcement and public education, complement law enforcement's traffic safety efforts and enforcement programs; and

WHEREAS, Automated speed enforcement cameras have been shown to reduce all crashes by 14-72% and injuries and fatalities by 40-45%; and

WHEREAS, The New York State Senate and Assembly will introduce legislation, which would authorize the City of New York to use camera technology to enforce existing speed limits and support the efforts of the NYPD; and

WHEREAS, BILL NO. A07737 would authorize the City of New York to establish a demonstration program imposing liability on owners of motor vehicles found to be in violation of the maximum speed limit or the maximum school speed limit of the city through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that date by photographic, microphotographic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit; and would provide for the expiration of this demonstration program five (5) years after the effective date; and

WHEREAS, The City would be authorized to operate between twenty and forty cameras, and

WHEREAS, This technology is presently in use in the District of Columbia, California, North Carolina, Maryland, Massachusetts, Ohio, Colorado, Iowa, New Mexico, Oregon, Tennessee Utah, Arizona, Australia, Canada and the United Kingdom; therefore be it

RESOLVED, That Community Board Five supports the use of automated speed enforcement cameras, and calls on the respective houses to pass this legislation and for the governor to sign it; and be it further

RESOLVED, That Community Board Five urges the New York City Council and the Mayor to fully support this legislation.

The above resolution passed with a vote of 27 in favor, 4opposed, 1 abstaining.