Reply Affirmation of David Karnovsky

    C8 "399d 

  

® A eE:p1 S64 OE 43S 

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 
  A fe A A tt tt DD 0 Hd 0 X 

THE COUNCIL OF THE CITY OF NEW YORK, 

et al., 
REPLY AFFIRMATION 

Plaintiffs, 

Index No. 004897-96 

- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE 

CITY OF NEW YORK, et al., 

Defendants. 

a a oe te re 0 A mY AB 0 ee 4 SE 5 40 XxX 
  

CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS 

- QUEENS COALITION, an unincorporated Index No. 10763/96 

association, et al., 

Plaintiffs, 

- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE 

CITY OF NEW YORK, et al., 
Defendants. 

David Karnovsky, an attorney admitted to the practice of law before the Courts 

of this State, affirms the following to be true under penalties of perjury pursuant to Section 2106 

of the Civil Practice Law and Rules: 

+B I am Chief of the Legal Counsel Division in the Office of Paul A. Crotty, 

Corporation Counsel of the City of New York, attorney for defendants in these actions. I submit 

this reply affirmation in further support of defendants’ motion for summary judgment and in 

opposition to plaintiffs’ cross-motion for summary judgment. Specifically, the purpose of this 

¢0'd QZ:7T 96. 0g dss 0Sr088LC1C: XB 

 



  

£0 "394d “gd ® eE:pT 96 BE 43S 

  

affirmation is to correct certain factual errors contained in the September 20, 1996 

Supplementary Affidavit of Gail Benjamin (the “Benjamin Affidavit”), submitted by the plaintiffs 

in the Council action. 

2. First, Ms. Benjamin contends that when the Board of Estimate exercised 

its authority pursuant to U.L. § 7385(6) in consenting to a lease by HHC 10 Enzo Biochem, it 

“exercised land use review.” Benjamin Aff. 1 4. That is simply incorrect. Indeed, the record 

dispositively demonstrates that § 7385(6) was never thought to be the subject of ULURP or 

other land use review. 

3. Specifically, the Board took two separate actions with respect to the Enzo 

Biochem transaction. The first involved an application to amend the zoning map, which was 

necessary because the proposed use of the leased premises for a bio-tech facility was not 

permitted under existing zoning. That zoning change application was subject to ULURP review 

under Charter § 197-c. Thus, the applicable calendar notice with respect to that matter expressly 

states that the Board was acting upon an application “pursuant 10 Sections 197-c and 200 of the 

New York City Charter involving an amendment to the zoning map.” Exhibit A, annexed 

hereto. The Resolution adopted by the Board on May 23, 1985 approving that application 

contains similar language. Exhibit B, annexed hereto. 

4. The Board acted separately, when four months later in September 1985 it 

adopted a resolution consenting to the lease transaction pursuant to § 7385(6). No ULURP 

review was invoked. See Calendar Notice, annexed as Exhibit C hereto. Rather, as the 

Resolution makes clear, the Board dealt merely with the business terms of the transaction. See 

Turbow Aff. dated September 12, 1996, Exhibit C. And authority over the business terms, the 

plaintiffs concede, has devolved upon the Mayor. 

2- 

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p@ 394d @ ==: op: 96. PS J3S 

  

5. In sum, the Board of Estimate did not conduct a ULURP review when it 

acted under § 7385(6) in connection with the Enzo Biochem transaction. Rather, ULURP was 

conducted because the transaction also involved an entirely separate application which was 

subject to ULURP review -- a zoning change. Here, by contrast, the proposed transaction does 

not give rise to any comparable independent basis for ULURP review -- no zoning change is 

necessary for the continued operation of HHC hospitals under private management. All that is 

at issue is the review of business terms contemplated by § 7385 (6). Put another way, the Enzo 

Biochem precedent demonstrates that even if the Board of Estimate were still in existence, the 

currently contemplated transaction would not be subject to land use review. The Council 

certainly has no basis to claim the right to such review authority. 

6. Ms. Benjamin also mischaracterizes Exhibit A to her affidavit, a 1990 

memorandum prepared in connection with a bill that was never acted on by the legislature. She 

intends that “[t]his Mayoral Memorandum concedes that the Board of Estimate’s powers 

concerning review of the land use aspects of a disposition of City hospitals devolved to the 

Council . . . .” In fact, that document is not a “concession” of anything. It instead merely 

discusses a bill drafted following the dissolution of the Board of Estimate which reflected an 

effort to negotiate a compromise to amend the law to resolve disagreements apportioning the 

powers previously granted the Board. Agreement was never reached and that bill was never 

adopted. The bill which was adopted amended a number of other provisions of law but did not 

amend § 7385(6) in the manner proposed by plaintiffs and, indeed, makes absolutely no mention 

of HHC or U.L. § 7385(6). See L. 1990, ch. 562, annexed as Exhibit D hereto. Moreover, 

as noted in our prior papers, since that time the Council has repeatedly anempted to induce the 

legislature to amend this provision to its liking but has been unsuccessful. The law today reads 

3. 

70 "d az:pT 96. 0% das 0Sr088.2TZ: Xe 

 



$8" 394d @=:c » Pr:PT 96. BS 43S 

as it did when enacted in 1969: the decision to sublease is made by the HHC Board; the Mayor, 

succeeding to the powers of the Board of Estimate, must then approve the transaction. 

New York, New York 

September 30, 1996 4 of “8 

  

DAVID KARNOVSKY 

S0°d 22:71 96. 0g das 0SP088LL1L: Xed  



99 "399d ® IP:pT 96. BE 

Thursday, May &, 1933 4 

tion of the property as cuntemplated in the jirvjeet propugal; (iii) approving the use of 

the Land Digposition Agresmeit (Lhe agrovmient”), (iv) authorizing the sale of the 

property to x yualificd and eligible aponsur, Julia Kozler. 

The property wis offered lor purchuse und rude velopment through the Central 

Sule Units *Dollac Request for Pruguaals. in which thy purchase price could be us low 

as $1. The purchase price uf Lhiz pruperty is One (31) Dollar. The property, located in 

Munbattan Community Board (1, will be rehailibated by Vie spond Lo pravide a sone 

dominium with one (1) studio, faur (4) one bedroom ait five (5) twy-bedrosin condomin® 

un unitd, 

This otter has Lech July advertised in aveordands with a reavlutivn adopted by 

the Buued on May 2, 1986 (Cal. No. 259), 

REPORT uf the Acting Curporativn Counsel, duted May 7, 1945, transmitting reso- 

lution. approved as Lo ur, 

Close the heaving, 

Resolution fur adoption, 

BR
 

"4
 

No. 12 

R-0768 

PUBLIC HEARING in thy matter of » 

COMMUNICATION dated April 24, 1285, (rom thy President, New York City 

Public Development Corporation, Luansmitting for approval pursuant to Section D3-5.0 

a id of Chapter Three of the Administrative 
Code of Lhe City of Naw York, The New York 

Gf) io V wv 
City Public Developinunt Corporation in cuvpr ration with the Mayac's Office of Midwwn 

Enforcemunt, # resolutiun which in inter alia; 

guts May 28, 1996 as the date vi a public hearing to be held by the Board of 

Estinule cuncurning (he Bryant Purk Business linprovement District Plan, 

Borough of Manhatan; 

cuuges the Sctrstary ul the Buard of Estinate Lo have u cupy of the resolution 

published at least wince in the City Ravord, the frac such publication to be aot 

le38 than Len nor mere thun thirty days Luiois the public heanng; 

suthurizea the Bryant Park Restoration Corperation, fine, to mail a copy of this 

resolution to such ownar and occupunt of real property not less than Afxeen nor 

more than furty-Ave duyy befvre the public hearing; 

and deseribes the Bryant Park Uusiness Improvenicnt District Plan. 

This matter has been duly advertised in accordance with a resolution adopted by 

the Guard on day 2, 1988 (Cul. No. 271). 

Clogs the heating. 

Rusolution Tor adoption, 

No. 13 

R.3934 

PUBLIC HEARING 

IN THE MATTER OF an applicativn by the Depurtnent of General Services for a 

toning change, pursuant 9 Sections 197-2 aid 200 of the Naw York City Charier, 

90d 8Z:y1 96. 0g dss 0Sr088.LC1C: Xe 4  



    

48 "399d 

  

ing Lhe use uf 

ie dale uf the 

h the Central 

anlit be as lew 

rly. located in 

provide a doin 

wih cuinlantin: 

an adupted by 

SNL Ew 

R-07ta 

rew York City 

Section D3.3.0 

The New York 

le of Midtown 

4 the Board wi 

Distmet Plan, 

{ the reselution 

zation Ww be net 

rags 

sil a wopy of this 

than Afteen nar 

Plan. 

tun adopted by 

R+3454 

| Services Toy a 

ity Chanter, 

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14 Thutslny, May 22, 1085 

involving an anemimant ul the Zoning Map, Section Nu. Wl, ¢ytabitisiing within all gx- 

isting R8 District, a C45 District, un property bounded by First Avenue, the aasturly 

prolongation of the southistly line of East Sh Street, « line 150 Teel coaterly of Fist 

Avenue, and a line 40 feet giueh of the eastuely prajunigatiaii uf the southerly iw of 

East Juth Street, Garimgh af Manhattan, Cwnmumily District No. 1, ua whowin on a dias 

gram dated February 13, 1945. 

REPORT uf the City Manning Cammisgion (CSS TEMM), dui April 29, 1945, 

stating that the application for ai amendinent ul the svhing map was request by the 

Department of Cenerul Servites” Division of Real Prope (DIRE) sath wathorization by 

the New York City Hualth and tluspitula Corporation (HC) in cuniuction with a pro. 

posal Lo utilize the existing puthohagy laboratory (alse known ws the RES Building) 

within Bellevus Medicul Centr ns a bioteehnical reacaieh tabuiwory and wifice Tacility 

for Enza Bivchem lnworporated 

ACKGROUND 

£uzo Bivchuin lig. iv it private organicative whois activities include the devetap- 

nent of sw divlugical and piarmaccutical producta and the pravision of Jdisgnostic sor 

vices tor the medical conunumty. It is eekiiy to consolidate uth its rossarch facility at 

9S Hudson Steet aml the Lastington clinival Libocatory in Sywasat, N.Y. at 4 site in 

\he Bellevue Huspital Cuntar in the Kips Bay ection ul the mil-¢ast sule, ‘This tation, 

which ia the only ane the company hay cunsnlersd viable in Mew York City, will muke 

he facility aeewssible tu vihier medical and serahtifie institutiuns utiliza diagnostic gin 

therapeutic resvurecs. 

Enzo Biochem lie. will sub-leage the six-story Building at Furst sad 20th Stress 

known as the R&S Building, from HHT (the lessor) for ut feast 30 yew's aad will ren 

ovale und resture his struttuve tht has Leen vacinl fur seven yours. Such an under 

taking will convert a pathology amd male dormitory buikling intv reasurch laboratorica 

and cuipurate offices. Enzo Bivehen foe. plans tw utilize unly sixty-five Lo yeventy-five 

percent of Lhe fool area wver the net live years and then to Tully veeupy the building 

with apptonimulely T4200 gros square leit (GSE) ag wifices and 35,000 CSF us lubuva- 

totics, Tha clinical screening and biomedical reagareh labs will hive some cunsolidated 

functions un the gecoinl through sixth flues. while marketing, accounting and other 

adininistrasive functions will uceupy the lower Hours of the building, In the short teem, 

Eire Bivchem ne, plans to sublut sbuut 38 pereent of the space to cuntpatible labora 

Lory activities. 

To allow full vecupuncy of this facility (secu to sixth fuer) hy Enzo Ciachem Ing. 

a varfunce of the requirements set forth in Sectivo 32.421 { Limiction nn flours veeupied 

Ly non-reaidentiinl uses) and Section 30-583 (iteatrictions on logon of lading berth 

newr Rasidenvs Districts) of the Zoning Rusolutivn will be requested Num the Board of 

Standurids and Appeals pursuant to Seution 72-21 of the Rusulutivn, 

ENVIRONMENTAL QUALITY REVIEW g 

The uppliviation (CIFNTZMMY waa ruvicwed by the Duprartinent of Encivonniental 

Protection amt the Department of City Phuming pursuant wo the New Yurk State Eovi- 

ronmental Quality Review (SEQR) regulations us sel forth in Volume § of the New 

York Code of Toutes utid Rugnlatinns, Seton W1T.00 of seij. th NOYLCOROR, 9170 and 

0SP088LL1L: Xe 

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80 "394d 8 88.212 cp:pl S86 BE 43S 

  80 'd eC: rl 

Thursday, day 23, 1065 iu 

the New Yurk City Enviromnentul Quality Review (CEQ) regulutions set furth in 

Mayoral Executive Order No. 91 of 977. A pruject Data Statement (35-1480) way Mead, 

The Departments uf City Planning aml Environmental Protcetin examined vations 

cnvirumnental dspects of the propused projet fur purposes of impict disclosure. A Wafl- 

fic analysis indicated that vehicular trips tw be Lenuvaled by the project would be mine 

aial, In additivn, existing trafic in the vicinity of the project 3 valy moalsrate, 

Thersiove, no significant adversa impact on tealfic in the area wali be expested. Fur 

ther, the proposed usc and zoning chung requested fur Lhe R&S Bulkting and a portion 

of land leeated in the noithwese quadrant of Dellevue Hospital Center ulung Fuse ave- 

nue, respectively, are compatible with the ureas uxiating lal uge us well us with the 

City's planming goals amt objectives. Cousequently, no impuct on the surrvaiding 

comniunity’s acighburhvod character is anticipated. 

A Ruding that no significant adverse iinpact oh air quality ve nowe oi the human 

environment has also been made, Additionally, su increased potenti ivr Are, explo- 

sions, sinvke or uther vbjectionable effects in the vicinity of the proposed site 1S eX- 

peutad il the project 13 hnpleimented. 

Finally. the New Yurk City Dspurument ob Huulth, v3 part of the overall CEQR re: 

view. iageased potential hesith risks to the general public associated with Enzo Bivchein 

Tue.'s Sucrsnt atid planned rescurch and diagnoatic gpurations. The anulyais reéveuled 

widt whic project, us propuded, would not reault in uny signifldunt adverse health 

impacts. 

The Departments uf City Planning and Enviranmental Prowection us CEQR vo-lvad 

agenwes have determined chat the propuscd uction will not have 3 digrificant ellcet on 

the Quabty ul the human enviconumwnt and vi February 17, 1983 issuer u negative 

duetlaration, 

UNIFORM LAND USE REVIEW 

The wpplicution (CYS0ITZMM) was certified ag complete Dy the City Planning 

Commission wn February 19, 1983, in accordance with Article 3 of the Uniform Land 

Use Review Procedure (ULURP) and referred ww Goninunity Board 4. 

COMMUNITY BOARD PUBLIC HEARING 

Canununity Board No. 6 held a public hearing wn ths applivation on Murch 13, 1985, 

and voted ta disapprove the zoning chango un March 20, 1985 purduunt te Altice 4 of 

ULURP with u reaclution in which i: 

1. petitions the Board of Esthnate to instruct affected agoikive to develop a 

cuinprehenaive plan for the Bellevue Hospital campus 

11, uppases the G2-8 averlay oa thu vast dide of Firat Avenue; 

11. upposes tha classification of experimental resvarch as Use Ceoup 9 

iCominervial) indtend uf Use Group IT (Manufacturing; but 

LV. fuvors the gaisting R8 designacion which predetecimines housing for all sur- 

plus buildings at the Bellevue campua. 

The vot was 34 in favor of the resolution 0 upposs the project, 8 uppustil with 2 

abstentions. A copy vf tha Community bvand's recommendations is attached to this 

report. 

96. 0g das 0Sr088.212: Xe4 

  

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68 "395d 

  

® ® 96. BE 43S 

   
rw
 

om
a 

1? Thursday, May 2), 128% 

mn CITY PLANNING COMMISSION PUBLIC HEARING 

ed. Ou Murch 20, 1985 (Cal. Nu, J), the City Planning Cummission sehedadad i Public 

suo Hearing un the requested zoning chang (CSSOGITZMM). The hearing was duly held 

“af April 13, 1985 (Cal. Nu. 19). There Wore 4 number of appearancia and the hating way 

ni closed. 

Le, Speakers ih fuvor of Lhe application reprasented the New Yurk City Department of 

ue General Servives and Engu Biochem hic, and the oppusition included representatives 

Wap from Community Buaed 5, the Geilevuc Hoapital Cuonter Coinmuiuty Advisury Boned, 

ve. and Phippa Ilouses. 

the CONSIDERATION 

ing The arcu uf the requested C2 rezaning ia located between 28h wad 30th Streets in 

the northwest quadrant of Bulievue tluspital Center along the east side ul Fiest Aves 

aly nue. IL suntan approximately 86,000 squire (cet of lund area, and encompasses the ene 

ile tire R&S Building, portivna of the psychiatric huspital and 2 demapped sireet. (Ls 

ex: bordered on the cast by u large cludier of hospitals extending feos 23d Strect to 34th 

Strsct (eluding Bellavus and New York University Medical Centers), and on the west, 

re- by the predominantly residential community of Kips Bay. 

cm C1 and C2 listricta ure commonly iiappesd on thy avenues in the residential area in 

led order 10 purmit retail wid service establishinents tht cater Lo, and are compatible with, 

ih the surrounding cummunity. The westurn iis of Firat Avenus across frum the Bullovig 

coinplex has a C2-5 district within an RY district, and mwat ob the uther Peguluntinl aves 

ad nuvs and wide streets in Cuminunity Buard © ure similarly waned with either Clo C2 

on cuivalsig, The Bellevue campus is a superblock similar vo that of NY U-Bellsvue Ur. 

we ban Koaewal Arca thetween J0uh and 32nd Streets slung the cast didlo UF Sevand Aves 

nue) where previous City Planning Comimiadiun activi allowed a C23 distdiel within an 

existing RY district, This designatiun recognizes (he wide avenue cliaructer, while allow- 

ing ing the Aexibility of institutional, commerciul or ruaidcutiol use that ia vonsistent with 

wad ths First Avenud Curridor. 

The C-5 mapping Within an RS district would provide ihe ncecasary Hour area fur 

the commurvinl ueeupancy of the R&S Building as well ua further arca for locel commer 

38. cial uaea to complement the Nuture tesidentiul development on the campus dite. 

v of A muajur issue for the Cummission was tha the future activities uf Enza Biochain 

Ine. or uf other laboratory wees in the R&S Building be limited to thus reviawed by the 

pa Department of Health nad tha Depurtments of Environmental Protection and City Plan: 

ning in sonncctivn with the CEQR prosess. The Cummiggion was also concerned hit 

prope munituring uf the facility be assured. Thua, the Departmciit of Keul Property   =: (DRP) agreed Lo incorporats intu its leusus with the Health and Hospitals Corporation 

(HEC) and Enzo Biochem Ine. the conditions ouLlined in the attached leicer Ww Chair 

ur- man Sturz from the Commissioner uf General Services, and the Commissioner of Houlth 

(Artachingnt “A"), ~ 

2 Another concern of the Commission relate tu the comprebenmve plan tur he 

hiy | Bellevue cainpus, partivularly in regard to housing far HHC nursing. DIRE und ic 

! will shurtly be issuing a Kequest for Proposul for the residential vedgvelopment ol sure 

: plus property at Bellevue, snd will peiquive among uther things thad the develuper pro- 

\ 
1 

60 'd 62:71 96. 0g das 0Sr088L1: Xe 

 



£p:pT 86. BE 

Thutsdiy. May 1, LU IN 

vide wits Tor #50 (HC nurses ut nu gost lw HIG. The Commisaion uskul for and 

rucciverl a vummitinget from DRE teat the WEP would veguirg (hat Gch proguser sup: 

ply » per whit cost for additional subaivhizetl units up ta 2a ol the tata) banana of the 

proposal, anil that preferred conduleratiun woul by given to proposal with ashditional 

mtornadly subaidized wnt, 

he City Planning Contintdsivll [ids that the proposed reevmng ul the ured 9 wat 

ranted and appropriate, wml thercivore adept the following resolution dn April 29, 1985 

(Cal. Nu. 1% 
: 

RESOLUTION 
) 

RESOLVED, by the City Planing Commission, puriui to Scetions 197-¢ and AW 

of the New York City Charter that the Zoniy Resolution of the City of New York, 

eifective ai of December 16. 136k and a3 subsequently amended, is further amended 

(C35061TZMM) by changing the Zoning Map. Section Nu. 3d by ¢stablishifyg, within an 

existing R8 District, » C23 District, va property buniuded by Fist Avenue, the dud: 

erly protongation uf Wie suntiierly line of Kast 0th Streat, o line 180 feet easterly uf 

First Avenus, ml u ling 410 feet sauth of the euaterly protungation ul the suutherly line 

uf East uth Street, Borough of Manhattan, Community Diswict No. 8. a3 shown on i 

diagram dated Febeuary 19, 19). 

The above rasolutivn, duly adoptad by the City Planning Coniission vn April 29, 

1485 (Cul, Nu. 13, was Rled with the yetretury of the Buard uf Estimate in acturdunce 

with the requirements of Sectivne 197-¢ aml 200 of the New Yurk City Charter, April 

=), \uds. 

DISSENTING STATEMENT OF COMMISSION ERR. SUSAN MITLEY 

The Depnetment of Cuncrid Garvices lan rwjuustvd a zoning cians w ou-h from R- 

¥ in order 10 accuinmudate the nels of Lhe proposed user ai thy putholugy nboratory 

puilling false known as the RES Building). Enzo Biovhem. Ine. Even if Chis zoning 

change wert (v be approved, Ce-3 wauld hut allow all gix Hours oi dus building to be 

used us currently cavisionead withuut a varminee nb the PUD aL 3 Sectinn $2-40) 

aad 36-83 of the Zuning Resolution. 

LL is my apinioh that Enzo unly marginelly nets the intent ot C23; however, ny 

Sissent in Chis matter is not buded an the narrow issu of user appropriatencid, but 

rather Hn thy important public policy issues involving the planned evelopment of “yur 

plua prupurey ut Bellvue,” a poruvn of which the proposed zoning chalige would ulfect. 

It is my understanding that the Health and Hudpitals Curputiativn generally, und 

Bellevue and New York Univeesicy Huepitala specifieally. nevd housing fur moderate. 

incuine employeer. These institutions are Iinpurtant wo the city us 3 whol, amd to thia 

community. These institutives, the City aod the host cumimunity have th Lie pust in 

Jicatesh a willingness to form a purinsrship te provide housing for this prahugtive aml 

important population. ‘The City Planning Comission, institution ail communitiva 

develupeal i plan for this area that Brvwnded thi oll of Lhe proposed housihyg unita would 

be mule available te the aleve ciples of Hs inrOLnLunE. 

fUnnw appeans, wwever, that tug sheatesy bE hot being puisiied. The current plan 

BW develop market vite waning. expt ue a anall member of BE — ees than 10: 

0d 0g:¢T 96. 0g dss 0Sr088.2 12: Xe 4  



P) Thuesbay, May Zi 14035 

Jd 
_ cestricied La newly recruited nurses. The various Gly ageecics lave thus apureitly 

© oan 

‘nup- 

if the 

tional 

determingd that it is more nnpurtant to aud dutlary to the city cullen (it time by the 

way when Lhe city i3 in better shape Anaicially Waa it has ever bend, than lv feyuire 

the productiva of muderate-incomy huuging (at a time whan lows aml nnaderate housing 

needs ara critically uivinet). 

Tha city and it3 various agencies ut the tune: the private scvter inavitubly billows. 

war 
16s Now iu Lhe lime Lo denunatrate the uity's congintent suppurt for the prostuctivn of hous 

ing that would bs available Ww workers, Now is thi tine © exert Wie leiddurship that 

both Lhe privat any public swstars can wahdently loek to in carrying wut public pulicy 

that affects our housing, community, employment and service ngels, 
  

Wl 2 

York, 

antled 

nin an 

|, therafure, coapectiully dizseit fron the Planning Conunidaivn's recommendation, 

This mutter has been duly advertised in accordance with a résolution adopted by 

the Bousd on May 2, 1883 {Cal. Nao. 383). 

The Board of Eathinute may appruve, disapprove oe nwdify the recoaunendation of 

the City Planning Conuniasiun within 60 days irom Apvil 2Y, 1983, the Jute of filing uf 

such rovomingidatiun with the Buurd, whivh perivd. in this cuss, will expire on June 23, 

1988. 
"Close the heuring. 

Regulution for adaption. 

e cud’ 

ily of 

ly ling 

hon a 

ml 29, 

rdancy 

, Apel 

con R- 

walory 

ong 
PUBLIC HEARING 

§ tu be IN THE MATTER of a 

32.421 
RESOLUTION for adoption, recomincndetl by the Director of Management. and 

Budget, ‘revominending approval of the resolution and lease with the Department of 

er, My Yronspartation fue the, execution of u lease with Child's Restaurant Organization, Ing, 

35, but dra Cudfuther's Pizza for uge of the demised premises for the maintenance anil opura- 

al “sur- ton of a Gudfather's Pizza food servive facility, for on and off premises coltdumption, in 

affect. accordance with the menu attached tv the lease. 

fly, and : The annual rent for the Arst yar of thin lease shall bu 318.000. In cach succeeding 

wlerates . year of this lease, the wanual rent shall consist of Lhe sum of the previvus yeat’s anausl 

{to this rent plus the Annual Consumer Price index (CPI) ingreuse not to cxeeed four percent 

past in- , : (4%) fur wny pacticulor your, 

  
ive aml gh In addition,’ to annual real, an uniival percentage rental which ahull be computed 

nunities Lain and puid a4 follow: 

3 would L | Leasue shall provide a statement af tutul certified monthly russ receipe fur cach 

manth, on or before the 10th Jay of the next fullowing month. Lessee shall, Luginaing 

cut plan with tho commencement day of this leases alld beginning vn cuch annivervary date these: 

haa 104 after, keep a running total of ths monthly gvass receipts, und shull fucwanl this woul Lo 

  

11d 0g:¢T 96. 0g dss 0Sr088LL1: Xe  



  

130d 

  

® ® 86: O02 43S 

VIVA TIVERTON We YL VR WW = 

: CITY OF NEW YORK 

regia 

  

Gal. No. 1), 

Resolved, Dy the Roni) of Tsthnuig, puis (0 the provisiong af Section 200 of the New Yk 

City Chater, that the cesomtian ul the City Planning Comunisson adeprail an Apel 17, 1988101 

No 1) reading as follnw © 
Resolved. Ny the Clty Planing Crmmisalyn, puravani 1v Scctivm (97.c nnd 200 of the 

New York City Charter thine the Zuniog Resnlution of The City of New York, elfgetive ae of 

fecernier 15. 196), ml aa subsequently snended, is luniker amended (C A30617 ZMAN hy 

ehinnging the Zountug Map. Sectign Nu. Rd by eatnbiishing, within on existing R& Diarrict, a C1- 

3 Dustiiel, an property bounded by First Avenue, the ensierty prolongation of the southerly live 

of East Mie Sweet. a line 150 (eet eustcrly uf (ivst Average, pe a line 330 deer south oof the 

eontelly pealingation of the worheddy line of Fast Muh Streer, Rewanph of Mmthadan, Coane. 

mily Phasict No, 6, be shown ona dinghy dated Feliuaey (9, )IRS. 

~lvg pred the same hseby nn approved, 

A true copy of resolution adopted by the Board of Estimate 

May 23. 1985, er | 

Akt ofr 

Secretary 

LL , 
fo : 

' 

A is { 

21d 1e:¢T 96. 0g dag 0SP088LL1L: Xe 

 



  

£1 "398d 

  

® ® 96. BE 43S 

  

SPECIAL MEETING 

OF THE 

BOARD OF ESTIMATE 

FRIDAY 

SEPTEMBER 13, 1985 

13:30 Mh. #4. 

CITY HALL 

BOROUGH OF MANUATTAN 

CAL. NO. '1 

R-7007, 7452 

IN THE MATTER nf a 

COMMUNICATION dnteid July 12, 1086, from Lhe President, New: York Chy 

Health snd Hnapitale Corporation, rammnitiing the following reanfutinn 

Renntverl, (hal Ue Nanidd of Estimate, parsusnt to MeXin. Unecanaoliduated Lawn, 

Sretion 7045.8 concura in the determination by the New York City Health and Hospitals 

Corporation (111IC), adapted by resolution of the HIIC Roanred nl Directors on July 11, 

10AG, (Cal. Na. T) to enler Into a leans agreement with Puro Riochemn, Inc. for the 

rental of the It & § Mullillag at Delzvne Hoaphial Center. The Jesse phe he fur a torm 

. of Tifly yunen at a tewlal of fron zero in year une (0 $67R,M67 ins year Lwenly, hieranfter, 

rent shall he based upon fale market value as determined by appraisal, 

On July 18, 1985 (Cal. Mo. 493), the matter was laid 
over to August 15, 1905. 

On August 15, 1985 (Cal. No. 117), the matter was laid 
over without date. 

COMMUNICATION dated September 11, 1985, fran the Mayor's 
Representative on the Board of Estimate, requesting that 
Calendar Mo. 117 of the Board of Estimate meeting of August 
15, 1985 which was laid over without date, be restored to the 

Calendar for this special meeting, Friday, September 13, 1985S. 

For consideration. 

sarin Ce Se a Nae er KA OY AI A ACL pr 

  19:71 96. 0g d3S 0Sr088LC1L: Xe 

 



  

   
1° 390d 

    

wi 

1990 REGULAR SESSION Ch. 562 

NEW YORK CITY=DEVOLUTION OF POWERS AND DUTIES 

OF BOARD OF ESTIMATE 

CHAPTER 542 

SO 9104 

Memorandam relating to this chapter, see Liyislntive Memoranda, post 

Appr cd Tuly 150 1a effective as jieesadet in ection 28 

Home rule request, pursuant to Art, IX. see. 2(bK2), of Const. 

AN ACT to amend the education luw, the general municipal law. and the public authorities law, 

in relation to the devolution af the powers und duties of the buard of estimate of the city of 

New York provided for therein, conxixtent with (he wmendments to the New York city charter 

adopted by vote of electorate at the referendum held on November 7. 1989 and to repeal 

subdivision (d) of section Y80=f of the general municipal luw relating thereto 

The People of the State of New York. represented in Senate and Assembly, do enact 

as follows, 

§ 1. Subdivisions 4 und T of section 2500-p of the education law, as added by chapter 

738 of the laws of 1988, are amended to read as follows: 

1. Following approval by the city board of a five-year educational facilities capital 

plan, the chancellor shall transmit such plan to the mayor -she-board-of estimate und the 

council of the city of New York. After consultation with the chancellor and the city 

beard, the mayor shall include in the city’s executive capital budget tor the fiscal year in 

which the five-veur plan is i commence an appropriation for educational fucilities in an 

amount he recommends as sufficient to provide for the funding of a five-vear capital 

program for the city board and shall specify amounts fur each fiscal year within such five 

vear period. Such five-year appropriation, which shall specify the annual amounts for 

euch fiscal vear to be made available, shall be subject to adoption. veto and, except as 

hereinafter provided, amendment in accordance with the procedures set forth in the 

charter of the city of New York. Upon adoption of a five-year appropriation pursuant to 

such process. the capital program of the city board shall, if the amount so appropriated 

differs from the cost estimated in the plan approved by the city board. be amended to 

reflect the funding so provided. No reduction shall thereafter be made by the city in the 

amount of such appropriation until completion of the plan unless (i) the city board shall so 

recommend or (ii) a general, across-the-board reduction is made in the city's capital 

appropriations in order to accommodate an unforeseen reduction in the availability of city 

capital funds. In the event the city board so recommends or such a reduction is made, the 

appropriation may be reduced in accordance with such recommendation or proportionately 

to the reduction in the city’s general capital appropriations. In the event the city board 

requests additional appropriations from such city during the five-year period of the then 

effective plan, the city board shall specify the needs to be met bv such additional 

appropriations. The city may appropriate additional amount for the five-veur educational 

facilities capital plan, provided that in no event shall such an additional appropriation be 

conditioned upon a reduction or alteration of the five-vear plan then in effect. The 

authority may not spend more in any fiscal year of the capital program than the amount 

specified in the five-year city appropriation therefor. as amended from time to time; 

provided that any amounts not expended during a fiscal year may be expended in any 

succeeding fiscal year, and provided further that the mayor may authorize funds tw be 

expended at a rate faster than the amounts so specified, within the balance of the 

five-year appropriation available therefor. 

7. The provisions of paragraph—b subdivision a of section two hundred nineteen 

fourteen of the charter of the city of New ork shall not apply to a proposed five-year 

appropriation made in accordance with subdivision four of this section, and the provisions 

of uh subdivision b of section two hundred twentx-five seventeen of such charter 

shall apply only after the end of the fifth year of a five-year appropriation made pursuant 

1223 

  

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S1° 399d AB88/.C1C 
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ARON i ARN Aes ihc on ain" 

Ch. 562 LAWS OF NEW YORK 

to such subdivision, To the extent any other provision of chapter nine or ten of such 

charter is inconsistent with the provisions af this section, the provisions of this section 
shall govern, 

§ 2. Subdivision a) of section 72~h of the general municipal law, as amended by 
chapter 406 of the laws of 1972, is amended to read ax Follows: 

(a) Notwithstanding any provision of any general, special or local law or of any charter, 
the supervisors of a county, the town board of a town. the board of trustees of a village, 
the board of fire commissioners of a fire district and, the board of estimate of a city, or if 
there be none the local legislative body of such city, and, in a city having a population of 
one million or more, the mayor, subject to disapproval bv the council within thirty days 
following receipt of notice of the approval of the mayor, may sell, transfer or lease to or 
exchange with any municipal corporation or municipal corporations, school district, board 
of cooperative educational services, fire district, the state of New York, or the govern 
ment of the United States and any agency or department thereof, either without 
consideration or for such consideration and upon such terms and conditions as shall be 
approved by such officer or body, any real property owned by such county, town, village, 
fire district or city; and any municipal corporation or fire district may acquire or lease 
such real property as provided in this section. The term of any lease entered into 
pursuant to the provisions of this section shall not exceed ten years but nothing herein 
contained shall prevent the renewal of any such lease, 

§ 3. Subdivision 1 of section 502 of the general municipal law, as amended by chapter 
576 of the laws of 1964, is amended to read as follows; 

1. "Governing hody."” (a) In a city, the board of aldermen. common council, commission 
or other body vexted by its charter or other law with jurisdiction to enact ordinances or 
local laws, except that in a city having a population of one million or more the term 
“poverning body” shull, us to such city, mean the office—oragancy—ve : 
council or mavor, ax appropriate, who shall act pursuant to this article in accordance with 
the powers vested In them by the charter of such city, or by other Jaw te 
his—articke: (b) In a town, the town board: (c) in a village, the board of trustees. 

§ 4. Section 305 of the general municipal law is amended by adding a new subdivision 
5 tn reid as follows: 

  

  

  

  

  

5 In uw city having a population of one million or more. any action of the council 
approving an urban renewal plan shall Te filed with the mayor within five days of such 
action [or approval or disapproval. 

§ 5. Section 507 of the general municipal law is amended by adding a new subdivision 
5 10 read as follows: 

5. In a city having a population of one million or more. the governing bodv may, as 
part of its review of the land use impact and implications of a disposition of property for 
residential use proposed to be made pursuant to this section, incorporate into its approval 
anv or all of the following: (it the number of residential units: (ii) whether such units are 
home ownership units, rental units or condominium or cooperative units: (iii) the estmat: 
ed Initial rents or selling prices for such units; (iv) income restrictions, if any, on renters 

or purchasers of such units. and (v) the basis on which the consideration for the sale or 
[ase of the property is to be determined: provided, however, that this subdivision shal 
nol apply to the extent an approved urban renewal plan incorporates such items 

§ 6. Subdivision 1 of section 692 of the general municipal law, as amended by chapter 
486 of the Jaws of 19¥2, is amended to read ax follows: 

1. “Cwverning body”. The local legislative bly reese plthatinany—pi—hasiin ¥ 

poplin ed pier HHH HOR EAP Ae Lett 400 = BEL dra suai hie 
A ad . re . } WO «} of § AbidRad . : 

3 x \ th Y oo 24 

§ 7. Subdivision 5 of section 694 of the general municipal law, as amended by chapte 
436 of the laws of 1982, is amended to read as follows: 

oh : formance 
5. Any approval of an urban development action area project shall be in eoptorms is 

with the standards and procedures required for all land use determinations pursit 
y : . lion Of 

general, special or local law or charter. In a city_having a population of one million © 

  

  

  

  

  

  

  

  

  

  

  

  

“ 

  

1224 Additions in tex\ are indicated by underline; deletions Dy attkecouts 

Gl'd oe:pT 96. 0g dag 0Sr088L21C: Xed 

    

  

rehabilitation or cunservat 
of one to four unit dwell 
the governing bady, or the 
may waive any such stan 

§ 8. Paragraphs (a) ar 
law, as amended by chap 

(a) any person, firm or 
governing hody or, in a cit 
qualified and eligible sp 
prescribed by the agency 
newspaper of general circ 
lease or other disposition, 
urban development action 
prescribed by the agency; 
rental fixed by the agency 
bid higher than such m 
disposition reyuires effec 
definite and reasonable pe 

(b) any person, firm or 
sponsor in accordunce wi 
without public auction or 
such sponsor for such pre 
lease or other dixposition : 
to subparagraph (ihr of pi 
disposition reuires the e 
definite und reasonable pe 
approved by the governin; 
bv the mayor, after i pul 
such notice. 

§ 9. Subrivieion 4 of ¥ 
690 of the laws uf 1053, 

4. Any lease of real po 
vear including any renew 
upon a written appraisal 
five years expuriency app 
the authorization to ente 
having a populativn_ uf 01 
hody pn and made 
before such authorization 
made only upon a written 
years expelichte upprais 
tion of such =ile or athe 
population or are LAL 

officer and nade avicha 
such authorization, 

§ 10. Paragraph tbo 
added by chujter int nf 

(d) Notwithstanding at 

general, speeind or Jocal | 
be developed on muni 

  

Additions  



971 * Fekid ® ® S96 BE 43S 

: | kk 

1990 REGULAR SESSION Ch. 562 

more, the governing body muy require that the gency carpurite into the project any or 

all of the (ollowing: (0 the propozed number of rostont iii units (in) whether such units 

ire homme ow nership Units, rental WHE oF condominium. or cooperative units: {i a Dest 
gstimate_of the mital rents or selling Drives fur such units: Ov) the proposed income 
FESLretnns. il any, nn repters or piirchisers of <UCh units. and (Vv) the basis an which the 
consideration for the «ile or Tease of the property is to be determined. Provided, 
Rowover, that if the proposed ueban development action area project eonsistz zalely of the 
rehabilitation oF conservation of existing private or multiple dwellings or the construction 

of one to four unit dwellings without any change in land use permitted bv neal ZUNINYK. 

the governing body, or tee enmmission where seauthorized to act by the gpovermng holy, 

may waive any such standards and procedures required by local law or charter, 

§ Paragraphs (a and (0) of subdivision 2 of section 645 of the general municipal 
law, as amended by chapter 486 of the Jaws of 1982 re amended Ww read as follows: 

(a) any person, firm ur corporation designated by the agency and approved by the 
governing body or, in «city having a population of one million or more, by the mivor, as a 
qualified and eligible sponsor in uceordance with established rules and procedures 
preseribed Ly the apency, provided that: (i) the arenes has published, in at least one 
newspaper of general circulation in the municipality at least ten days prior to such sale, 
lease or other disposition, a notice which shall include a project summary of the proposed 
urban development action area project and such notice shall be in the form and manner 
prescribed by the agency: (ii) such proposed sponsor agrees (0 pay the minimum price or 
rental fixed by the agency for such real property: (iii) such proposed sponxor matches any 
bid higher than such minimum price or rental: and (iv) such sale. lvixe or other 
disposition requires effvctuation of the urban development action arca project within a 
definite and rasenable period of time, or 

(b) any person, firm or corporation designated by the agency as a quahified and eligible 
sponsor in aceardince with established rules and procedures prescribed by the agency 
without public auction or sealed Lids, provided that (i) the price or rental tw be paid by 
such sponsor for such property and all other essential terms and conditions of such sale, 
lease or other disposition shall be included in the notice published by the agency pursuant 
to subparagraph (i) of paragraph (a) of this subdivision, (ii) such sale, lease or other 
disposition requires the effectuation of an urban development action arca project with a 

definite and reasonable period of time, and (iii) that such sale, lease or other disposition be 
approved by the governing body or. in any city having a population of one million or more, 
by the mavor. after a public hearing held not less than ten days after the publication of 

such notice. 

§ 9. Subdivision 4 of section 695 of the general municipal law, as amended by chapter 

690 of the laws of 1983, is amended to read as follows: 

4. Any lease of real property and appurtenances thereto for a period in excess of one 

year including any renewals or options to renew or for a total rental may be made only 

upon a written appraisal of the market value thereof verified by an appraiser with at least 

five vears experience appraising real property, made within a period of sixty days prior to 

the authorization to enter into such lease given by the governing body or, in any city 

having a population of one million or more, bv the mayor, and filed in the office of that 

body or officer and made available for public examination and copying at least thirty days 

before such authorization. Any sale of real property and appurtenances thereto shall be 

made only upon a written appraisal of the value thereof by an appraiser with at least five 

years experience appraising real property, made within six months prior to the authoriza- 

tion of such sale or other disposition by the governing body or, in any city having 2 

opulation of one million or more, bv the mayor. and filed in the office of that boay or 

Pr and made available for public examination and copying at least thirty days before 

such authorization. 

§ 10. Paragraph (d) of subdivision 6 of section 695 of the general municipal law, as 

added by chapter 486 of the laws of 1982. is amended to read as follows: 

(d) Notwithstanding any standards or procedures established for land disposition by 

general, special or local law or charter, if an urban development action area project is to 

be developed on municipully-owned land and consists solely of the rehabilitation or 

  

  

    
  

  

  

  

  

    

  

    

    

  

  
Additions in text are Indicated by underline: deletions by strikeouts 1225 

pe:p1 96, (Of 08S 0SP088LC1C: Xed  



471 "390d ai884.C1¢C 
a wi ot an 0 SRT | 

A 44 NA“ rod a, A Creer 

Ch. 562 LAWS OF NEW YORK 

conservation of existing private or multiple dwellings or the construction of one to four 
unit dwellings without any change in land use permitted by local zoning, a municipality 
may dispose of the real property constituting such urban development action project to 
any person, firm, or corporation qualified pursuant to this subdivision by resolution of its 
governing body or, in any city having a population of one million or more, by uction of the 
mayor, provided that such disposition is in accordance with the requirements of this 
subdivision. Disposition of real property acquired by condemnation shall be in accordance 
i th Ficuireients of section four hundred six of the eminent domain procedure law, if 
applicable. 

§ 11. Subdivision (f) of section 980 of the general municipal law, as added by chapter 
282 of the laws of 1989, is amended to read as follows: 

(f) “Legislative body" means the local legislative body empowered to adopt and amend 

  

local laws or ordinancesrexcopt-that-in-a-city-of-ona-milhon-or—more-theterm—legislative 
body -shall-mean-the-board-ofestimatorwhich-may-act-by-resolutionrathor-than-bylocal who th ™ “ EO br hes at Sed we, 

§ 12. Subdivision (a) of section 980-d of the general municipal law, as added by 
chapter 282 of the laws of 1989, is amonded to read as follows: 

(a) The legislative body of any municipality other than 8 municipality having a popula- 
tion of one million or more may provide by resolution for the preparation of a district 
plan, upon its own motion, or at the request of the chief executive officer or an individual 
or agency designated by such officer —oein—u—municipality—bhaving-a—population-of—one 
mitioa-or-aore—by—thecity—eouned, or upon the written petition, signed and acknowl: 
edged, of (1) the owners of at least fifty-one percent of the assessed valuation of all the 
taxable real property within the boundaries of the district proposed for establishment or 
extension, as shown upon the latest completed assessment roll of the municipality, and (2) 
at least fifty-one percent of the owners of real property within the area included in the 
district proposed for establishment or extension. In a municipality having a population of 
one million or more, the chief executive officer may provide for the preparation of a 
district plan, upon his or her own initiative, or at the request of an individual or agency 
designated bv such officer, or at the request of the citv council. nr upon the written 
petition, signed and acknowledired, of such owners described in paragraphs one and two 
of thix subdivision. 

  

  

  

  

  

  

  

  

§ 13. Subdivision (¢) of sectivn 980-d of the general municipal law, as added by 
chapter 282 of the laws of 1989, 1x amended to read as follows: 

te) In any city having a population of one million or more, the district plan shall first be 
submitted to the vity planning commission which shall forward a copy within five days to 
the city council and to the council member or members representing the eouncilmanic 
council district or districts in which the proposed district ix located, to the community 

board or boards for the community district or districts in which the proposed district Is 
located, und to the respective borough board and borough president. if the plan involves 
properties located in two or more community districts. Each community board shall 
notify the public of the proposed plan in accordunce with the requirements established by 
the city planning commission, and may conduct a public hearing and submit a written 
recommendation to the city planning commission not luter than thirty days after receipt 
the plan. The city planning commission shall review the plan and recommendations, and. 
after a public hearing, prepare i report. The city planning commission shall submit its 

report to the beard-ei—extimate mavor. to the affected borouyh president, to the a 

council and to the council member or members representing the cownciimanic councl 
district or distrives in which the proposed district i= located, together with copies of un 

recommendation of a comn nity board. within sixty days from th. ite of expiration ¢ 
the community board's period for reviewing the plan and submitting recommendations 

This report shall certify the city planning commission's ungualified approval, disapprove 

or qualified approval with recommendations for modifications of the district plan. A SOB 

of this report together with the original district plan shall be transmitted for filing WI : 

the city clerk. In the event the city planning commission shall fail to submit its vepor, 

within ninety-five days of receipt of the original district plan, it shall be required 

  

  

1226 Additions in lext are indicated by underline; deletions by strikeouts 

eld Ge:pT 96. 0g das 0SP088LL1L: Xed 

H
E
 

a, 
wi
 

  
  

  

er:p1 96 BE 43S 

   

  

        

   
   
    

     

    

    
   

    

    

     

    

   

  

   
   
    

   

  

   
   
    

   

  

   

     
   
    

   
   
    

   
    

   
   

     

    

    

  

    
   

    

   
nm “air 

    1990 REGULAR NESS) 
  

immediately wansmit thw 
planning commission shi 

§ 11 Subdivision 
chapter 2X2 of the laws 

(dy All district plans sh 
body may determine that 
the supervision of muni 
body, or by pursons or fh 
municipality having a po) 
tion shall be made by th 
article, the expense incur 
municipal charge. 

§ 15. Subdivision (a) 
chapter 282 of the laws 

(a) After the filing o 
legislative body muy ark 
proceedings and4n-a—mat 
copy—of same-in the—eity 
any report of the plannir 
the municipal clerk's offi 
the legislative body will 
the subject thereof 

§ 16. Subdivision (d) 

§ 17. Subdivision (e) 
subdivision (d). 

§ 18. Subdivision (9) 
chapter 282 of the laws 

(b) Within twenty day: 
to section nine hundred ¢ 
article, the chiel exweutiy 
million or mare. other 
determinu, shall forwar 
New York: 

§ 19. Subdivizion (e) 
chapter 252 of the kiwx 

(¢) Upen the municipal 
the local law enacted par 
effective. Provided hav 
HRCA LBURL av He 
Pith—and—b vend ee beri 
CaRaAI-bora hy IHCORE 

§ 20, Subdivision (by 
chapter 232 of the Lows 

(b) The board of dive 

owners and tenants with 
its members shill repr 
spice and dwelling unit: 

Lonard shall melden 
{0 wine the vide! wnes 

municipadity and the log 
million or more, the thiv 
of the borough in whict 
appointed by the Counc 

the proposed district is 
COWHCH BARK: count il i. 

Additions 

  

 



vy 
HY 
E's 

    

81 "399d ® # 

1990 REGULAR SESSION Brick Ch. 362 

mmeditely transmit the ericinad plan te the ey clerk Tor Filing ant no report of the city 

planning commission 2hiil be peressary. BY 

s LE Xubdivision op of section Ssn=d of the general municipal law, ax added by 

chapter 232 of the Jaws of iso as conended toed as follows: 

a Al dintriet plans <ha'l conform with the requiretients of this article. The: iepislative 

body may determine that te pln ar any part of the plan, shall be prepared by, or under 

the supervision of municipal officers ob employess he designated by the Iecislative 
  

  

Voda, or BY persons or Firms te ae Jd for that puepose provided, boweve © hat ina 

municipality Ding gw pojiadiies af se sallon or mure, such determination au. siya. 

nn bt] by minds yi vive? CSveitiie officer, EXeCpU us hiherwise providud in this 
article, the vxpense mcurred for the preparation of the plun or part of the plan shall be a 

municipal charge. : : 

§ 15. Subdivision a) of seetion 80-¢ uf the general municipal law, as added by 

chapter 252 of the laws of 1S00i< amenderd 10 read as follows; 

(a) After the filing of the district plan in the office of the municipal clerk, the 

lepislutive body may adopt uw resolution and shall enter the same in the minutes of its 

proveedings wading -musichpahiybaving—e-popu kaon of wne—million. or -Merdi—subinit—a 

cool same t-tha civaanned. This resolution shall contain a copy of the district plan, 

anv report of the planing commission or board, the fact that a district plan is on file in 

the municipal clerk's office for public Inspection and the time when and the place where 

the legislative body wilk meet and hold a public hearing to hear all persons interested in 

the subject thereof. 

§ Li, Subdivision (dof section 930-f of the general municipal law is REPEALED. 

8 17. Subdivision (0) of section 980=f of the general municipul law ix relettered 

subdivision «hh. 

§ 1x, Subdivision (0 of section 930-p of the general municipal law, as added by 

chapter 282 of the laws of 1980, is amended to read us follows: 

(by Within twenty divs after the adoption of a local luw by a legislative body pursudnt 

to section nine hundred eighty-f or subdivision (¢) of section nine hundred eighty-i of this 

article, the chief executive officer, or, except in a municipality having a population of one 

million or more. other such officer of the municipality as the legislative body shall 

determine, shall forward the following information to the state comptroller at Albany, 

New York: : 

§ 19. Subdivision (e) of section 980-g of the general municipal law, as added by 

chapter 282 of the laws of 1989, is amended to read as follows: 

(e) Upon the municipality's compliance with any other requirements established by law, 

the local law enacted pursuant to section nine hundred eighty-f of this article shall become 

  

  

    
    

effective. Provided—howoree—that—in-a-aiby-harving 
nr . ¥y . tdpar ¥ " haar . ; | (] Hd 

- Id . i a 

§ 20. Subdivision (b) of section 980-m of the general municipal law, as added by 

chapter 282 of the laws of 1989, is amended to read as follows: 

(b) The board of directors of the association shall be composed of representatives of 

owners and tenants within the district, provided, however, that not less than a majority of 

its members shall represent owners and provided further that tenants of commercial 

space and dwelling units within the district shall also be represented on the board. The 

board shall include, in addition, three members, one member appointed by each of the 

following: the chief executive officer of the municipality, the chief financial officer of the 

municipality and the legislative body. Provided, that in a city having a population of one 

million or more, the third additional member shall be appointed by the borough president 

of the borough in which the district is located and a fourth additional member shall be 

appointed by the council member representing the couneimanie council district in which 

the proposed district is located. or if the proposed district is located in more than one 

councilmeanic council district. the fourth additional member will be appointed by the 

Additions in text are indicalsd by underline; deletions by strikeeuts: 1227 

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er:v1 S96 BE 43S 

  

   

    

   

        

   

  

       
   

                    

   

   

          

   

   

        

   
   

    

   

  

   

    

   

  

   

     

      

  
     
  



    

61 "384d 
AV YY sen J 

el be pYRN- - JRL 2 bod tisconcic ie i 

   Ch. 562 LAWS OF NEW YORK 

majority deader speaker of the city council after consultation with the council members 
representing the eounshmanie council districts in which the proposed district is located. 
The additional three members (four in a city of one million or more) shall serve as the 
incorporators of the association pursuant to the not-for-profit corporation law. The 
association may be incorporated prior to the effective date of any district established 
pursuant to this article. 

§ 21. In a municipality having a population of one million or more, any resolution 
adopted by the board of estimate pursuant to article 13-A of the general municipal law 
prior to the effective date of sections eighteen, nineteen, twenty, twenty-one, twenty-two, 
twenty-three, twenty-four, twenty-five, twenty-six and twenty-seven of this aet shall be 
valid, provided, however, that any further action with respect to such resolution as is 
authorized by such article shall be made in accordance with the provisions of this act, 
except, that if the board of estimate shall have adopted a resolution approving the 
establishment or extension of a district pursuant to subdivision (¢c) of section 980-f of such 
article prior to such effective date, which resolution shall not have become effective prior 
to such effective date, then the city council may, within thirty days of the expiration of 
the state comptroller’s review period, act by resolution to disapprove the district's 
establishment or extension, as the case may be, any inconsistent provision of law 
notwithstanding. 

§ 22. Subdivision 3 of section 1726 of the public authorities law, as added by chapter 
738 of the laws of 1988. is amended to read as follows: 

3. “Board-ofwstinata- “Council” shall mean the board-of-estinate council of the city 
of New York eaavollicidpublicbodyv-nurt-succesding—to—the—powers—of-such-beard. 

§ 23. Subdivision 4 of section 1727 of the public authorities law, as added by chapter 
738 of the laws of 1988, is amended to read as follows: 

4. Appointed members may engage in private employment, or in a profession or 
business; provided, however, that notwithstanding any otherwise applicable provision of 
general law, the members shall be subject to the limitations contained in sections 
twenty-six hundred three. twenty-six hundred four. twenty-six hundred five. and twenty: 
Six hundred Six apd-twenl vsix—hundread—seven of the New York city charter. The 
authority shall, for the purposes of such sections be a—sits—ageney an “agency” and 
such trustees shall he “officers ef thoauthorits ‘public servants” for the purposes of 
such sections. In addition. such trustees shall be subject to the provisions of section 
eleven hundred sixteen of such charter and Shall for the purposes of such section be 
“officers of the ily. Notwithstanding any otherwise applicable provision of general 
fw. employees of the authority shall be subject to such provisions of such charter and 
Shall be deemed to be officers and emplovees of the city of New York for purposes of the 
financial disclosure requirements of section 12-110 of the administrative code of such city. 

§ 24. Subdivisions 10 and 12 of section 1723 of the public authorities law, as added by 
chapter 733 of the laws of 198%, are amended to reud as follows: 

10. Notwithstanding the provisions of section two thousand five hundred four of the 

insurance law or any other law, to procure insurance on behalf of itself and others 

against any loss in connection with its activities, properties and other assets, in such 

amounts and from such insurers as it deems desirable: provided that the authority ma} 
enter into wereements with the city, acting either by the mayor alone AF be 
the hourd-olestimate, providing for indemnification by the city of the authority against 
tort and contract judgments und claims, which agreements may contain provisions 

requiring legal representation of the authority by the corporation counsel of the city dx 
specifying any insurance to be carried by the .nthority, which provisions shall super 
any agreements with the city board on such subject: 

12. To dispose of personal property and. with the consent of the city. acting by 

vesolution-ol-she- buard-ofestimute the mavor and the council, to dispose of real property: 
or anv interest therein, held by the authority and not required for educational purposes sl 

the city board. Ly sale, lease. sublease or otherwise, provided that such disposition I 

pursuant to the implementation of a five-year educational facilities capital plan; 

  

  

  

  

  

  

  

  

  

  

1228 Additions in text are indicated by underline; delations by stetkeduts- 

96, 0g das 0Sr088.2TZ: Xe 61 'd AS! 

  
a
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gS:pPT S66 BE 43S 

  

1990 REGULAR SE: 

§ 25 Suluhiviston 

TAR Of the Lows nf 10 

1. The city board; 
boast of wslimate co 
consideration and witl 
(including inalienable 
interest therein, in or 
facilities capital plan. 

§ 26. Section 1732 
1988, is amended to r 

§ 1732. Board-ofes! 

1. Following the h 
this title, but prior to 
shall submit the site p 
for review, provided, F 
project. 

authority, the site pla 
such-site-plan-shal-—re 
the ¢itv unlexs within 

v Lhe muvor or by tl 
thetwentv-dav The ¢ 

Mayor within twenty ¢ 
The notice provision 

action by_the mavor 
general, or charter to 

3. The bed whee 
hearings or svek tiny ! 
approval. 

3. If the hosed 
mus. after consualtat 
pursuant to section x 
authority: may, with t 
plan from the live-ves 

§ 27. Necuon 1743 
1985, 1» amended tor 

  

  

§ 1743. Equal empl 
business enterpri 

1. Nutwithstanedin: 

of the administration 
authority 

2 at. The provisic 

York with Pesos tu 

contracts entered Int 
provision of ich sweet 
the authority sk oe 
tu, lhe estab): : 
granting of waners « 
regulations nr the | 
submission of unsual 
pursuunt tn such sect 
of quahfied focally ba 
a of section b=inn lo 

  

Agditit



@c "390d ® 1S:p1 96 BE 43S 

— ng 

1990 REGULAR SESSION 

$05 Subdivision 1 of section 1720 of the public inthoritie< ow, as adler by chapter 
Tus af the laws of Toss is amended to read as follows: 

I. The city boned and the city, acting wider by the mayor alone or bie resolution of the 
busaPed sf mitdiiade Council. may convey or transfer to the authority, with or without 
consi ration and without any further authorization, any real, personal or mixed property 

(including malicnable property of the city, exeept Tor lund mapped ax parks), or any 
interext therein, in opder to assist the authority in implementing a fivevewr educational 

Co es eandtal plan, 

§ 26, Section 1732 of the public author: aos law, as added by chapter 73x of the laws of 

1On&, 1s amend Ww oreid as Dollow ss; 

§ 1732. Board-efestimate City approval Hf sites 

1. Following the hearings held pursuant to svetion seventeen hundred thirty-one of 
thix title, but prior to initiating construction of new educational fucilities, the authority 
shall submit the site plan of such projects (0 the bodsdafwethinate mavor and the council 
for review, provided, however. that such review shall be limited to the site selected for the 
project, 

2. The baie ofan tide ap pesto thea pp a suech-sieplan—provided-howarer 
bhab-kt—Ht baked feeb iidte—f ate net-wrhi wait da vob rus hrs ubminsing-by—the 
autharita—he site plan shall be deemed to be approver] and) ssieto—dmappise 
Rahs plais-c hal | Fagus athe thiedevoteob- tha tow) masberof-bourd-of-eatinate by 
the city unless within twenty rdiys of such submission by the authority it is disapproved 
by the mavor or by the council, acting by a twoethinds vote, Foruiposus tfruchate 
the twepby- day The council may, Uv a two-thirds vote, override anv disapproval of the 
muaver within twenty davs following reevipt of notice of such disapproval from the mayor. 

The notice provision contained herein hall be deemed sulTiciont Tor tewerds of. estimate 
action by the mavor und the council notwithstanding any provision of law, local nr 
generil, or charter Lo the contrary. 

3. The bowd-of—wstimate city may not require the authority to conduct any further 
hearings or seek any further approvals as a condition for receiving board-efestimate city 
approval, 

4. If the bewrdof-ecvimrate council or mavor disapproves the site plan, (a) the authority 
may, alter consultation with the city board, revise such site plan for resubmission 
pursuant to section seventeen hundred thirty-one of this title and this section or (b) the 
authority may, with the agreement of the city board and chancellor, eliminate such site 
plan from the five-year educational facilities capital plan, 

§.27. Section 1743 of the public authorities law, as added by chapter 738 of the laws of 
1988, is amended to read as follows: 

  

  

  

  

  

  

  

  
§ 1743. Equal employment opportunity program and minority and women-owned 

business enterprise program 

1. Notwithstanding any other inconsistent provision of law, sections 8-107 and 8-108.1 
of the administration code of the city of New York shall apply to the activities of the 

authority. 

2. a. The provisions of section 6-108.1 of the administrative code of the city of New 

York with respect to the award of contracts to locally based enterprises shall apply to 

contracts entered into by the authority provided, however, that notwithstanding any 

provision of such section or of chapter thirteen-A of the charter of the city of New York, 

the authority shall exercise the powers of the mayor set forth in such section with respect 

to: the establishment of procedures for the certification of businesses; the approval or 

granting of waivers of the requirements of such section; the promulgation of rules and 

regulations for the purpose of implementing the provisions of such section; and the 

submission of annual reports concerning the administration of the program established 

pursuant to such section. Notwithstanding the foregoing, the limitation on gross receipts 

of qualified locally based enterprises set forth in clause (a) of subdivision six of paragraph 

a of section 6-108.1 of the administrative code of the city of New York may be raised by 

  

    

Additions in text are indicaled by underline; deletions by strikes: 1229 

0Z 'd 0S:yT 96, 0S 48S 057088. 12: XB  



SAR ot, 

12 "S00 88.212 
o 30 Sey eR ETe . oR ie 

Tn ™ 3, ET SEH I A bt w (Sk 

Ch. 562 LAWS OF NEW YORK 

the authority upon a determination that a higher limitation is necessary to meet the goals 
of the lucally bused enterprise program. 

b. The authority shall establish and implement reasonable procedures to secur: the 

meaningful participation of minority und women-owned business enterprises in its pro- 
curement process. 

  

    

  

3. The provisions of executive order fifty of the mayor of the city of New York. dated 
April twenty-fifth, nineteen hundred eighty, as amended, shall apply to contracts of the 
authority unless and until such provisions are revoked. and the requirements of chapter 
thirteen-B of the charter of such city shall apply to contracts of the authority; provided, 
however, that with respect to such order, or any other program concerning equal 
employment opportunity or affirmative action to which contracts entered into by the 
authority are subject, such program shall be administered by an officer of the authority 
designated by the authority, and no other agency shall have jurisdiction over the 
compliance by the authority with the requirements of any such program. 

§ 28. This act shall take effect on September 1, 1990, except that sections one, 
twen(y-three and twenty-seven of this act shall take effect immediately. 

  

  

  

NEW YORK CITY—NEW YORK STATE VETERANS HOME 

CHAPTER 363 

A. 11043 

Memoranda relating to this chapter. sec Legislative and Executive Memoranda, pos! 

Approved and effective July 1s, 1190 

AN ACT 10 amend the public authorities law and the public health law. in relation to shy 

establishment. financing and construction of a New York state veterans home in the city » 

New York 

The People of the State of New York, represented in Senate and Assembly. gay 
as follows, 

§ 1. Paragraph a of subdivision 2 of section 1630 of the public authorities law. 

amended by chapter 295 of the laws of 1989, is amended to read as follows: 

a. The dormitory authority is hereby authorized and empowered upon application YI 

the educational institution concerned to acquire, design, construct, reconstruct, pekuiig 

tate and improve. or otherwise provide and furnish and equip dormitories and atten pe 

facilities for any educational institution. provided that any contract undertaken 7 

financed by the dormitory authority for any construction, reconstruction, ighpbiieation 

improvement of any building or structure commenced after September first. wi 

hundred s¢venty-four for the Gananda school district or the Gananda educational ge i 

corporation, or wny ageney. buard or commission therein, or any official a tik 
comply with the provisions of section one hundred one of the peneral TEP rier of 

the specifications for such conteact may provide for assignment of espns i 

coordination of anv of the contracts for such work to a single responsible an Se ; 

person. firm or earporation; provided, however, that all contracts for a 

bulldings on behalf of Queens Hospital Center shall be in confornuty wit? tA Ba 

of section one hunrved one of ti. teneral municipal kaw: provided that & Ron 4 pre 

the construction, reconstruction. rehabilitation or improvement of any publi Bor Si 

undertaken by the dormitory authority of any facility for the aged for = Dt 

subdivision of the state or any district therein or agency. department, i a a 

sion thereof. or any official thereof. shall comply with the provisions or b Cupra 

hundred thirty-five of the state finance law: and provided further that BY nan 

undertaken or financed by the dormitory authority for any construction. recon: 

, 
¢ 

vine 

‘a 

1230 Additions in text are indicated by underline: delelions by strikeouts 

12°d geil 96. 0g dsS 0Sr088LL1: Xe 

  

cS:b1 86 BE 43S 
; Pp . op Ji 

- ht x! » 

Fp 

1990 REGULAR SESS] 

rehabilitation or improv: 

rundred vighity nine for 

section one hundred thi 

Each educatinnal ins: 
department of health of 

resolution adopted by its 

committee of such gover 
the authority real prop: 
construction and financi 

tion; or (it) to enter in 
pursuant to subdivision 
and to paragraph e of 
department of health of 

"tions which specifies the 
or improved for the de 
estimuted cust for euch 
dollars in the aggregate, 
health shall have power 
property or rights in no 
financing of a dormitory 
into agreements or leas: 
sixteen of section sixtec 
subdivision two ol this 
dormitory und attendant 
specifications and locat 
authority shall have the 
attendant facilities pron 
durmitories. 

§ 2. Section 403 of t 
198], is amended ty rea 

v I03. Hospitals: ¢ont 

to_hold 
~The following tate hy 
tor which they have be 

(al The Helen Huyves 

M) Roswell Park men 

(e) The New York ste 

(@) The New York st 

§ 3 The pablic healt 
read as follows: 

    

1 103-b. Thy New Yo 
There ix hereby esta 

Vpetans, Such hee I 

Zomhosueh provisions a 
thapter.! 
Paluic Health: Law ¢ 2 

  

  

  

£.000=0 Department 
1. There is establish 

2s the “dupuriment oi} 

Llerred Tn this secu 
ta) The cumniis=t 

kay over moeNeVs receiy 

Addition 

  

  

  

   



    

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Index Nos. 004897-96; 10763/96 
  

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 
  
  

THE COUNCIL OF THE CITY OF NEW YORK, et al., 

; Plaintiffs, 
- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE CITY 

OF NEW YORK, et al., 
Defendants. 

os corn ao mS SE 0 A SO SS Lf SS 

CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS - 

QUEENS COALITION, an unincorporated association, et 

al., 

; Plaintiffs 
- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE CITY 

OF NEW YORK, et al. 

Defendants. 
  
  

REPLY AFFIRMATION 

  
  

PAUL A. CROTTY 

Corporation Counsel of the City of New York 

Attorney for Defendants 

100 Church Street 
New York, N.Y. 10007 

Of Counsel: Daniel Turbow 

Tel: (212) 788-0412 

NYCLIS No. 
  
  

Due and timely service is hereby admitted. 

New York,NY. oe c cov nnonvinvinsnva +199     
  

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