LAND USE AND ZONING

Queens and New York City require a land use policy based on community input and review, and reflecting the availability of city services and infrastructure.  Such a policy is essential to preserve and enhance the fundamental character of the city’s neighborhoods.  Planning must be sufficiently flexible to respond to demographic and environmental dynamics by creating new opportunities for the orderly development of housing, business, and community facilities.  Zoning maps and text must keep pace with new building, construction and signage technologies.  Queens, with only four historic districts and few designated landmark buildings, faces the rapid loss of its architectural legacy.  Recognizing the inherently commercial nature of concessions, large-scale concessions in parks ­and other public spaces must be strictly limited by rules for Major Concessions as mandated by the City Charter.  The Landmarks Commission must focus its attention on Queens to preserve our unique and important architectural heritage.

Therefore, the Queens Civic Congress adopts the following:

1.      Provide for community input and review and legislative oversight of major residential, commercial, industrial and public developments, even where ULURP is not specifically applicable.

2.      Create additional contextual districts to protect existing residential configurations, density and uses not reflected in existing zoning districts.  For example, there is no zone which adequately describes and protects single-family row houses.  

3.      Provide technical assistance to community based organizations for neighborhood-based planning. 

4.      Support long-term planning as a means of preserving and enhancing the physical character and stability of neighborhoods. 

5.      Establish urban design elements as part of the land use decision-making process. 

6.      Map large-scale retail uses only in districts appropriately zoned: and subject any siting of "big box" retail establishments to community input and review and legislative oversight.

7.      Mandate community review of publicly funded (federal, state and city) agencies' major proposals, not already subjected to ULURP.

8.      Fund borough-based offices to perform planning functions and zoning for the borough.

9.      Include in all land use decisions a non-renewable effective date for the implementation of the permitted action. 

10.   Require any amended plan or proposal by public agencies to include an updated environmental impact statement. 

11.   Require legislative review and oversight of Board of Standards and Appeals decisions to grant variances.

12.   Subject all construction projects funded by state entities to ULURP.

13.   Retain the existing limits on the transfer of development rights as provided for in the Zoning Resolution, i.e. limiting the transfer of unused air right allowances from one site only to an adjacent or shared lot.

14.   Require a Special Permit and review under ULURP for zoning lot mergers. 

15.   Increase planning staff of agencies that make land use policy determinations. 

16.   Provide community boards with at least ninety days’ notice for all land use applications.

17.   Correct through legislation the 1961 Zoning Resolution's definition of basement and cellar space as it applies to calculations in determining a building's FAR.  The Court of Appeals in 1997 overturned the DOB and BSA interpretation that basements used for dwelling space must be included in the total FAR.

18.   Eliminate the FAR exemption for mechanical/utility floor space.

19.   Revise Major Concessions Rules (see Parks section).

20.   Urge continued cooperation among public officials and agencies to implement the Queens Civic Congress Master Plan for the Creedmoor campus, in addition to the already approved siting and construction of three new public schools.

21.   Create new zoning text amendments to meet unanticipated needs resulting from new building technologies and new products offered by the housing and construction industry. 

22.   Create new zoning text amendments to regulate signage, building masks and other new signage technologies that increasingly degrade the urban landscape.

23.   Ban all Billboards.

24.   Clarify and improve zoning text with regard to use groups.

25.   Require Landmarks Commission to work with Queens civics in identifying and designating individual buildings, historic districts and scenic landmark districts.

26.   Require the Landmarks Commission to provide a written response for declining an application for landmark designation by a neighborhood.

27.   Enhance staffing, technical and legal support for the Landmarks Commission.

28.   Eliminate in-fill bonus in R4 and R5 districts.

29.   Subject all City Planning Commission (ULURP) decisions to mandatory legislative review.

30.   Require a rear yard of no less than 20 feet on all R1 through R3 corner lots and all lots currently exempt from the usual rear yard regulations.

31.   Require the Department of City Planning to notify community boards of all R-4 and R-5 zoning districts within their areas.  Require Department of City Planning to assist community boards in redesignating these areas to more appropriate contextual districts.

32.   Ban front yard parking in all R1 through R5 zoning districts.

33.   Require front yard alignment with houses on the block in all R1 through R4 districts.

34.   Modify Zoning Resolution to regulate fencing in R1 through R4 districts.

35.   Correct the Zoning Resolution to meet the Raritan Court of Appeals decision on the definition of the basement/cellar rule.

36.   Call upon the U.S. Congress to repeal the provision on zoning of religious facilities that usurps the authority of local government.

37.   Improve the opportunity for community input and review and provide accountability in the siting of state-licensed group homes, also known as community residences, by amending state law to require the state agency which licenses the proposed facility in a community to:
a) notify affected community members;
b) hold a public hearing in the community near the proposed facility;
c) provide a 60 day comment period following the public hearing;
d) provide residents the opportunity, presently afforded community boards under existing law, to propose alternate sites; and
e) mandate that the community be able to present arguments of over-saturation but, unlike existing law, consider the existence of all types of community facilities which may impact a neighborhood.

ILLEGAL CONVERSIONS & BUILDINGS ISSUES

The illegal conversion, or adding of apartments in existing housing in excess of the established zoning and use group regulations, persists as a major quality of life problem in Queens, and more importantly the deaths and injuries that result from fires and building collapses make clear the need to assure the public safety of those who reside in or visit homes that we expect to be safe.  Throughout Queens illegal conversions continue unabated as the City reduced staffing levels at the Department of Buildings (DOB) and Housing Preservation and Development (HPD) in response to financial difficulties in the late '70's and early '90's.

Therefore, the Queens Civic Congress adopts the following:

1.      Seek prompt and decisive action by the City against illegal apartments, single room occupancies and inappropriate commercial uses in residential buildings. 

2.      Increase inspection and enforcement by the city DOB and HPD to achieve compliance.

3.      Re-inspect all violations until there is compliance.

4.      Maintain in an open status all Building and Housing complaints until physical site inspection is conducted.

5.      Mandate the Buildings Department to require applicants to cure all outstanding violations before approval of any new-building permit or alteration permit.

6.      Enforce enacted state legislation to increase inspectors’ access to buildings with suspected violations (S. 6084) and to allow the filing of tax liens (S. 3597A) on unpaid Environmental Control Board (ECB) fines -- i.e. to allow ECB to assess fines and other liens that can be converted to tax liens and potentially result in seizure of property.

7.      Enact legislation to authorize building inspector access to investigate illegal building violations in a dwelling.

8.      Mandate DOB and HPD to allow community participation in inspections.

9.      Require that DOB dedicate at least one full-time inspector to each community board as a regular point of contact on buildings issues, inspections and follow-ups, with no less than two full days per month in the assigned district or as necessary to meet residents' complaints. 

10.   Establish a multi-agency task force to coordinate services among the fire, buildings department and other agencies, to report directly to the office of the mayor. 

11.   Establish a program to educate and inform new and established homeowners of relevant building codes and zoning laws and fines for noncompliance. 

12.   Require the Police Department to assist and cooperate with the Buildings Department to enforce stop work orders.

13.   Prohibit self-certification for new building or alteration permits and the correction of violations.

14.   Reestablish quarterly building inspections of all multiple dwellings by DOB and HPD.

15.   Require registration of restrictive deed covenants with the DOB.  Require title searches to identify and report restrictive covenants to the purchaser and financial institution.

16.   Empower the Department of Buildings to enforce deed restrictions limiting use, density, yards and architectural elements.

17.   Restrict the size of  “For Sale” signs in R1 through R6 from a maximum of 12 square feet to 4 square feet.

18.   Ban “Sold” signs or display of “For Sale” signs on residential property after closing.

19.   Dedicate all DOB and HPD revenue from fees for inspections, applications and permits, and fines to a special fund for code and safety enforcement.

20.   Continue to require utility companies to obtain verification of Building Department approved permits prior to installation of additional gas or electric meters or increased amperage service.

21.   Support legislative initiatives (S. 6102) to require real estate brokers to verify local zoning compliance on any property listed for sale or lease and encourage recent mortgage broker/banker initiatives requiring buyer/seller certification of zoning compliance prior to loan approvals.

22.   Support the efforts of the State Attorney General to restore the non-solicitation law, which was found to be invalid by a lower court in the state.

COMMUNITY FACILITIES

As-of-right is not always right.  The New York City Zoning Resolution defines many religious, medical and professional operations as "community facilities" and permits their siting in any zoning district as-of-right.  Substantial changes in uses of community facility since 1961 adversely affect many neighborhoods.  Religious facilities, for example, increasingly hold events and turn to commercial uses to try to cover increasing operating costs, bringing extra traffic, noise, parking and congestion into otherwise quiet neighborhoods.  Houses of worship occupy private homes in residential areas, often without adequate parking, necessary handicapped access and emergency egress.  "Professional offices" originally included under this category aimed to provide communities with medical doctors, dentists or lawyers who lived there and dedicated a small walk-in office to provide services to local clients.  More recently, residential neighborhoods experience the conversion of private houses to use by multiple professionals with substantial clinical practices.

Publicly and privately supported community facilities pose potential disruptions to our neighborhoods.  Communities must be able to comment, evaluate and review the siting and operations of these entities.

Therefore, the Queens Civic Congress adopts the following:

1.    Subject the siting, scoping and sponsoring of publicly funded facilities to ULURP regulations as a non-conforming use. 

2.   Base the siting of facilities on the need for the proposed service in the community. 

3.   Require the sponsoring federal, state or city agency to notify all elected officials, community boards and community-based civic organizations and neighborhood groups coincidentally with the promulgation of the Request for Proposal.  Mandate that public notice must appear at the same time in community newspapers that circulate in the affected neighborhood(s). 

4.   Require, coinciding with the issuance of the initial Request for Proposal, full disclosure by the sponsoring federal, state or city agency and by any provider responding to the RFP:

a) verification of need in a sited neighborhood. 

b) alternative sites. 

c) choice of providers. 

d) terms of the contract (including length). 

e) establishment of a Community Compliance Review Board. 

f) full financial disclosure by the provider. 

g) environmental impact statement. 

5.    Rate objectively the effectiveness and impact on the community of any proposed program.

6.   Create repository for public comment on facilities at NYC Department of Consumer Affairs.

7.      Eliminate the community facilities bulk bonus in residential districts.

8.      Require community facilities to obtain special permits when they seek to site in residential districts -- subject to public review with legislative oversight.

9.      Impose parking requirements for all community facilities regardless of the zone, predicated on occupancy rather than the number of fixed seats.

10.   Apply the Internal Revenue Code with respect to accessory uses on community facilities.

11.   Require Department of Buildings review of any change in use of a community facility to determine continued eligibility for community facility bonuses or exemptions.

EDUCATION             

School funding primarily concerns the Queens Civic Congress. City and State budget cuts require the Chancellor to cut out approximately $1 billion for the 2002-2003 school year.  This is serious money to find without affecting our children in the classroom.  New York City schools serve 38% of the New York State school population and receives 36% of the budget. The Governor and our Legislative leaders must develop a fair financing plan. The 2000 census demonstrated a 14% increase in Queens County, which must be taken into account in developing the state budget.

Over the last year, modest progress was made in building new schools and making additions to existing schools for Queens, including: completed construction of two new schools and four school additions, and twelve new schools and seven school additions in construction.

The QCC finds after school programs vitally important because 26% of our students come from single-parent households, and 40 % from households where both parents work outside the home. The most recent statistics demonstrate our students get into trouble between the hours of 3:00 – 8:00 p.m.

The QCC supports Borough President Helen Marshall in making education a top priority. Education in our borough offers an example of what can be done when teachers, parents, administrators, community leaders, and children work together.

Overall education funding needs to rise to a level that ensures our children receive the best education possible.  Take care to ensure that no cuts in education reach schools and classrooms. All analyses of educational outcomes show better results with smaller classes and when programs in music, sports, and the arts are added. Monies anticipated as a result of the Campaign for Fiscal Equity lawsuit must supplement, not replace, any current funding. Limited funds to build schools make it imperative to work to site them where needed.

Therefore, the Queens Civic Congress adopts the following:

1.      Implement a fair New York State financing plan.

We agree with Governor George Pataki, "throw out the existing school aid formula and to achieve equity." The state must drop its appeal of State Supreme Court Justice Leland DeGrasse decision declaring the state's school funding system inequitable and unconstitutional. New York City schools serve 38% of the NYS school population and receive 36% of the budget. The Governor and our Legislative leaders must develop a fair financing plan. The 2000 Census demonstrated a 14% population increase in Queens county, which must be taken into account in developing the state budget.

2.      Reduce school overcrowding by building new schools.

The following information has been extracted from two reports prepared by the New York City School Construction Authority. The ‘Extent of Completion Report’ January 2002, and the ‘Line Project Status Report’ status as of December 31, 2001, show these results for Queens: two new schools completed construction, (one Early Childhood Center (ECC) and one Primary school); twelve new schools in construction (two ECC; six Primary, two Intermediate, and two High Schools); four Primary school additions completed and four in construction; and additions to three Intermediate schools also in construction. (See Appendix for District and school breakout.)

3.      Increase the capacity by staggering the school year.

a.)      Quoting from, 'You're Blocking My View!', a report on Year-Round Education and the Crisis of Overcrowding issued by the Year-Round Education Task Force, chaired by our own Terrie Thomson, Queens Board of Education Representative "...mission was to explore and assess the feasibility of year-round education in New York City high schools to reduce the impact of overcrowding on student achievement. In overcrowded schools, academic schedules are reduced to six classes from the state mandated minimum of seven thereby compromising a full academic schedule."  Queens high schools have the highest utilization rate 128%. "The Task Force decided that it would propose a program that ran in all newly constructed high schools funded by the City's five-year capital plan, and that these be schools of choice."

b.)      The above proposal is a start and must be implemented, and used as a model for all overcrowded primary schools, intermediate schools, and high schools.

4.      Implement a robust pre-Kindergarten program in each school district

All the studies indicate our children are better students and better citizens the earlier they begin the education process. Any parent of a four year old will tell you how their children absorbed all of their experiences. Early Childhood Centers are a no-brainer and we must carry out the State mandate to implement in each school district.

5.      Reform School Governance

a.)      Abolish the Central Board of Education - The Chancellor can effectively carry out every necessary function of the board. He/She is the Commissioner of Education for New York City. As the citywide authority, the Chancellor’s office is responsible for: ensuring that each borough meets the New York State education standards, citywide governance, labor relations, legal services, transportation, food services, procurement, and employee licensing and the administration of salary and employee benefits. The Chancellor appoints a citywide chief Financial Officer. The Chancellor appoints a borough Superintendent for each of the boroughs, and meets on at least a monthly basis with each. Each quarter the meetings are open to the public pursuant to the open meetings law.

b.)      Chancellor Appointment - The mayor submits his candidate to the City Council for confirmation.

c.)      Abolish the Local Community School Boards - Community school boards have not met the promise envisioned under the State’s Decentralization Law and community involvement may be realized more effectively at the school level through leadership teams.

d.)      Establish Borough School Superintendents - Each shall be responsible for all pre-K, elementary, middle/junior high and high schools (including specialized and alternative schools), citywide special education programs, and adult and continuing education. This will facilitate programs that meet the basic needs of boroughs and their neighborhoods.  The Chancellor shall establish the criteria for borough financial officers. Each borough superintendent, subject to the Chancellor’s approval, shall appoint borough financial officers. Each borough Superintendent shall select all supervisors from district managers to principals, educational administrators, supervisors of special education and assistant principals.

e.)      School Funding - The allocation of funds to the boroughs and schools shall be per capita, according to the program and the number of eligible students. The Mayor and the City Council shall allocate funds to the programs based on units of appropriation set by the Chancellor.

6.      Increase Teacher Salaries

Teacher salaries must reflect the fair market value within the New York metropolitan area.

7.      Implement the building-by-building maintenance plan.

Capital Improvement Projects (CIPs) are included in sections three through five of the Extent of Completion Report issued quarterly by the New York City School Construction Authority. CIPs include roof and boiler replacements, electrical work, security systems, room conversions, and transportable classrooms. All coal burning boilers in Queens have been converted to gas/oil.

8.      Support the implementation of school-based management…

Each school should have assembled a school leadership team composed of parents, teachers, administrators, school staff and students. Their two core responsibilities are the creation of the school’s Comprehensive Education Plan (CE) and the Development of a School-Based Budget and Staffing Plan.

9.      Expand the Beacon Program to include all schools within the district, thereby encouraging youth programs in each neighborhood; provide oversight to ensure the program delivers services identified and needed by the community.

The city must ultimately plan to open more neighborhood schools at night and on weekends for youth programs. Queens needs this because Beacons tend to be separated by great distances.

10.  Expand Computer usage and training in schools, provide well-trained computer instructors.

11.  Reduce class sizes to levels appropriate in each grade and student grouping and restore all arts, music, sports and extracurricular programs.

12.  End social promotion at every grade level.

13.  Encourage the development of vocational apprenticeship, based on a model that will teach those students with an aptitude and preference for skilled crafts.

14.  Fund classroom and school-based services before administrative costs.

15.  Enforce immunization requirements.

PARKS AND RECREATION

Parks and recreational facilities are among the most important quality of life programs of any community, particularly in Queens County.  Parks are irreplaceable assets.  The long-term viability of parks in Queens has become increasingly under attack due to significant reductions in professional maintenance and upkeep at Parks facilities and on trees along our thoroughfares throughout the borough. Deferred maintenance and use of non-professional maintenance workers will eventually lead to a complete breakdown of Parks services.  The City fails to adequately fund the Department to deliver horticulture and Forestry Services and to staff sufficient plumbers, masons, carpenters, etc.  The City needs to allocate all parks-based revenues to the Department of Parks and Recreation operation budget.

The Parks Department has conducted major capital programs to improve parks and has not followed-through with maintenance and support services to protect the investment.  In addition, as the borough with the largest amount of natural area, Queens has the most to lose from a policy of only maintaining the ball fields and playgrounds at its parks.  Given the extensive residential and commercial development of Queens, it is crucial that we protect in every way possible the current and potential parklands throughout the borough.

Queens contains many lovely parks and greenways that must be protected from natural deterioration, vandalism and changes in use of open areas due to a variety of factors.  Our Parks are particularly vulnerable properties, which repeatedly attract proposals that may harm these precious resources.

Therefore, the Queens Civic Congress adopts the following:

1.      Authorize the Department of Parks and Recreation to retain funding generated by Park properties.

2.      Establish a secure funding source for Greenways for the Queens area.

3.      Create a CompStat for parks that will provide the public with regular, accessible measurements of maintenance and operation of all 1,700 Parks Department properties.

4.      Enforce vendors' permit requirements in parks to control illegal vendors.

5.      Maintain graffiti-free parks and playgrounds.

6.      Remove and replace dead trees within 6 months, prune trees on a five-year cycle and plant at least 25,000 trees citywide per year.

7.      Fund the Forestry Division so that it can oversee the city’s urban forest.

8.      Improve parks’ physical plant

a)   Increase maintenance, security and repair services at Parks;

b)   Improve plant life, nature trails;

c)   Add recreational/educational programs and services.

9.      Strictly limit Major Concessions in Parks – Repeal the 1998 Rules for Major Concessions and create new ones that establish realistic triggers for public review, such as:

a)   Marinas;

b)   Parking lots of any size;

c)   New buildings of more than 10,000 square feet -- not in parks;

d)   New buildings of more than 5,000 square feet -- in parks;

e)   Open use in park -- 5,000 square feet;

f)    Restaurant -- 150 seats or more;

g)   One or more concession totaling 25% of one park.

10.   Hire sufficient professional employees to maintain the NYC Parks infrastructure.

11.   Establish a Parks budget line item for the maintenance for natural open spaces.

12.   Support the Flushing Meadows-Corona Park conservancy.

13.   Protect Flushing Meadows-Corona Park from any further commercial and corporate exploitation.

14.   Impose a moratorium on all new construction/development of non-public-benefit projects in Flushing Meadows-Corona Park pending completion of a Master Plan by a Commission that has public members.

15.   Oppose constructing a rowing regatta and a white water rafting center in Flushing Meadows-Corona Park for Olympic events.

16.   Oppose constructing an Olympic Village to house athletes at Queens West in Long Island City.

17.   Subject use of city parks for 2012 Olympic events to ULURP.

18.   Establish “Flagship” designation for the Alley Pond Regional Watershed Park and seek community input.

19.   Designate major parks in Queens as flagship parks.

20.   Preserve Fort Totten - This beautiful and historic area has become available due to reduced need as a military installation by the federal government.  We must protect this property for use of future Queens residents by:

a)   Mandating restrictive covenant for the reversion of any Fort Totten space exclusively to Parks Department for public use if the space is no longer required by Fire Department for educational purposes.

b)   Expanding space available for use by community not-for-profit organizations to 14 buildings.

21.   Require specificity in the Fire Department’s agreement concerning maintenance of Fort open areas by Parks.  Fire and Parks Departments must have nontransferable line item budgets for this maintenance and upkeep.

PUBLIC SAFETY

We have witnessed a significant reduction in crime across the City.  Three factors remain of great concern to the Congress: lack of community policing; inadequate response time to 911 emergency calls; and deteriorating public confidence in the NYPD, particularly among our diverse ethnic communities.

The response time of the Fire Department’s Emergency Medical Service has not improved.

Therefore, the Queens Civic Congress adopts the following:

1.      Bring Queens precinct staffing to Safe Street/Safe Cities levels and maintain those levels.

2.      Increase the percentage of uniformed police in Queens to match the citywide percentage of crimes.  We have 19% of the manpower, but 25% of the crime in the city.

3.      Restore and increase police staff assigned to precinct-based Community Patrol.

4.      Bring all Queens precincts to less than seven minute response time.

5.      Increase NYPD Budget allocation to purchase more RMPs (radio motor patrol vehicles), Unmarked and Nondescript Vehicles.  Keep the present practice of keeping cars for three years, i.e. 90,000 miles.

6.      Increase allocation of RMPs to outlying precincts.

7.      Increase emphasis on auto theft, robberies and burglaries, apprehension and prevention.

8.      Work with community groups for a graffiti-free environment, increase penalties for defacing property and pass a law to require property owners to allow the city or city-authorized groups to cleanup defaced private property (draft proposal available).

9.      Continue the police bicycle surveillance program with tax payer supported equipment and maintenance.

10.   Require NYPD to enforce Department of Buildings and Housing Preservation and Development stop work orders and assist with the service of violations and inspections.

11.   Strengthen the Civilian Complaint Review Board and re-engineer it as an independent NYPD monitor with its budget set as a percent of the NYPD budget.

12.   Maintain existing Emergency Medical Service ambulance tours and encourage as many additional voluntary ambulance tours to enhance emergency response.

13.   Enforce training and performance standards for voluntary ambulance groups used by the Fire Department.

14.   Require contracted ambulance service to utilize the nearest medical facilities.

15.   Develop and implement a true community policing program to engage the resources of concerned communities in a partnership with the NYPD to address crime and disorder, including quality of life problems, in each precinct.

16.   Implement a plan to reduce gun violence, also supported by the Million Mom March Queens Chapter: Deploy cops appropriately to take guns off the street and prevent illegal guns from finding their way here, without violating one's rights or worse; Advocate the strengthened "Christopher’s Law" requirement for handgun safety locks on all firearms at the federal level; Require reporting -- in the Mayor’s Management Report -- on gun safety and enforcement measures; National photo licensing and safety testing for handgun buyers;  National registration of all handguns; More gun case prosecutions by the U.S Attorneys under tougher Federal statutes;  Prosecute gun cases under federal law by empowering Assistant District Attorneys, by special designation as federal prosecutors by U.S. Attorneys; and Initiate and pursue lawsuits against gunmakers.

TRANSPORTATION - AVIATION ISSUES

We recognize the importance of Kennedy International and LaGuardia Airports to the convenience and economic vitality of the borough and city.  However, we must control and curtail the negative impact of both noise and pollution stemming from the aircraft activity at the two Queens airports, and abort the harsh, often unbearable sufferings of residents nearby to these facilities.

Therefore, the Queens Civic Congress adopts the following:

1.      Oppose the weakening or termination of the High Density Rule, as well as additional exemptions as permitted in the Aviation Investment and Reform Act for the 21^st Century (AIR 21) enacted in April 2000. 

2.      Call for a rollback of the additional flights (slots) at LaGuardia Airport to below the levels preceding the enactment of AIR 21. 

3.      Call for the re-allocation of existing slots, not new slots, for greater efficiencies and to meet current needs, and to set statutory limitations on the number of operations at New York metropolitan airports. 

4.      Call for the restriction of all flights, scheduled and unscheduled (except emergency operations) to the hours of 7 am to 11 pm.

5.      Improve noise abatement procedures, including an immediate ban on flights by any Stage2 commercial jetliners equipped with “hush kits,” which have no effect on noise or pollution reduction. 

6.      Call for a change in take-off frequency from every 58 seconds to a much wider time interval to attenuate the unremitting jet-noise created by the “high density rule”, to a much wider time interval to attenuate the unremitting jet noise it created.

7.      Establish and enforce formal accountability by the Port Authority and the Federal Aviation Administration to the Environmental Protection Administration and independent citizen representation.  Reinstate and strengthen enforcement of the Quiet Communities Act of 1978 and the Noise Control Act of 1972. 

8.      Reduce immediately the effects on human mental and physical health and to the environment of aircraft noise and pollution from jet exhaust and the dumping of jet fuel. 

9.      Call for the installation of air-sensing devices on the Queens side of runaway 13/31 at LaGuardia Airport to supplement those being installed in a controlled test by the State of New York’s Health Department in the South Bronx. 

10.   Adjust flight schedules to more evenly spread aircraft noise among the communities.  Adjust the distribution of flights off LaGuardia's runway 13, since northeast Queens endures 95 percent of the take-offs at LaGuardia.

11.   Require aircraft landing and taking off at Kennedy or LaGuardia Airports to use flight paths over water, parks or highways when practical.

12.   Subject any disposition of an airport by sale, lease, transfer or license agreement to approval by the City Council.

13.   Subject any management contract covering an airport to approval by the City Council.

TRANSPORTATION - JFK AND LaGUARDIA ACCESS

We agree to the need for an alternative efficient mode of access to and from Kennedy International and LaGuardia Airports and Manhattan.  However, the current plan for the “AirTrain” Light Rail Airport Access System as adopted by The Port Authority of New York & New Jersey fails to provide a one-seat ride from the airport to Manhattan and does not meet the needs of airline travelers for efficiency, comfort and affordability, or reduce vehicular traffic congestion and air pollution to any significant degree.  Nor does the Port Authority’s own evaluation of ridership estimates in relation to planned costs justify this costly spur to the Jamaica Long Island Rail Road station.

 The project alignment has rendered significant harm to the many communities in its path and has created an ugly blight on Queens neighborhoods and will bring harm for many decades to come.  As importantly, its design and construction features will not be compatible with existing or future rail systems and technology, thereby rendering it wasteful and unnecessarily costly for any eventual incorporation into a one-seat ride system.

           The proposal for access to LaGuardia by means of the Astoria line will have a devastating impact on communities through which it passes.  In addition, the proposal does not provide an attractive one-seat ride to Manhattan.

Therefore, the Queens Civic Congress adopts the following:

1.   Direct one-seat rail access must be provided to both Kennedy International and LaGuardia Airports that will be seamless, accessible, comfortable and affordable with greater efficiencies. Our responsible borough, city and state officials must see to it that the projects go forward in a careful, responsible manner that minimizes harm to communities.  Cut and cover, sound barriers and all available technologies should be employed to preserve and enhance the neighborhoods that are home to tens of thousands of Queens residents. 

2.    Subject such projects to community input and review.

3.   Call for a direct route to LaGuardia Airport via the Port Washington line of the Long Island Rail Road, which will have a minimal impact on communities.

TRANSPORTATION - MASS TRANSIT/VEHICULAR TRANSPORTATION

Queens is a borough of over 2 million residents, encompassing scores of communities.  Queens' transportation infrastructure is the life-line that binds the neighborhoods of the communities of our borough together.  It links Queens residents with jobs, services and activities both inside and outside the borough.  Providing fast, accessible transportation for residents of the borough is critical to our economic, educational, cultural and social success.  Our economy is highly dependent on efficient transportation.  Should commuting become difficult, individuals and companies will seek housing and economic opportunities elsewhere. 

Transportation in our borough includes both mass transit, primarily subways and buses and to a lesser extent, the Long Island Rail Road, and vehicular transportation, i.e. our local streets and roads and arterial highways, expressways, bridges and tunnels.  Private bus companies, using City-owned facilities and buses, operate many local and express routes in Queens.

The train and bus service cuts sustained in the mid-1990's have somewhat been restored, but the growth in ridership has resulted in continued overcrowding, discomfort and inconvenience to riders. Proposals to close subway token booths would increase security risks to all riders and would impose a particular hardship on elderly, the disabled and parents with young children. 

Planning and funding for capital projects to expand capacity is at best tenuous.  Each of these transportation modes has separate needs.

Therefore, the Queens Civic Congress adopts the following: 

Mass Transit Issues

1.      Provide Queens commuters a more clean, comfortable, dependable and speedy trip to and from work.  Apply Metropolitan Transportation Authority budget to increase mass transit service.

2.      Establish a citywide Surface Transit Authority to coordinate interborough operations, improve surface transportation, ensure a meaningful community role in project and operations planning and improve scheduling. 

3.      Construct the long-promised 2nd Avenue subway line as a 4-track system, connecting with the Bronx, along the entire spine of Manhattan, into Brooklyn and extending into southeast Queens. 

a.)      Establish a new connector to Queens via the 63rd Street tunnel to meet the needs of Queens residents destined to the east side of Manhattan.

b.)      Enable construction of the Long Island Rail Road downtown Manhattan connection and a new connection to Grand Central Terminal so that the tens of thousands of eastern Queens and Long Island commuters who use the Long Island Rail Road going to the east side and to lower Manhattan may enjoy more convenient access.

c.)      Make construction of the full-length 2nd Avenue line a priority before other major investments such as a 7 line extension to the far West Side of Manhattan.

4.     Call on MTA New York City Transit to revise its plans 63^rd Street Tunnel Service Plan implemented on 12/16/2001, which generates numerous rider complaints from both the Brooklyn and Queens communities, to the Service Options jointly proposed by QCC, Noble Street Block Association & Friends and Regional Plan Association to restore the pre-existing E, F (operating through the 53^rd Street tunnel), G (to Forest Hills) & R service routes and run the V trains instead through the 63rd Street Tunnel as a Broadway express until the opening of the Second Avenue line, when the V trains will eventually enter the Second Avenue Subway upon its completion.

5.      Call on The Long Island Rail Road to increase marketing of its service to Queens residents, review prospects for re-use of abandoned and underused service lines in Queens and must complete a marketing study before recommending or implementing any further station closings in Queens.

6.      Call on the MTA New York City Transit to abandon its proposal of a three-year plan to eliminate all token booths and clerks with MetroCard machines and turnstiles from the New York City subway system, and its further proposal to begin this process by closing 53 booths.   

7.      Call on MTA New York City Transit to honor judge Lebedeff's decision, which stated that these alterations constitute a significant change in access to subway service, for which the NYCTA is required" (i) to give public, including notice to affected community boards, (ii) to conduct a public hearing, and (iii) to obtain the approval of its board, all as specified in Section 1205(5) of the Public Authorities Law." 

8.      Call on MTA New York City Transit to provide convenient, street level MetroCard outlets for seniors and people with disabilities since MetroCard service is currently provided only at subway station booths reached by staircases or at off-street retail locations, barring access by the physically disabled and seniors.

9.      Enforce the three-minute rule for idling buses.

10.   Require transportation agencies to give at least 90 days notice to community boards, community organizations and affected institutions before implementing changes, modifications or removal of bus routes, bus stops and service delivery.

11.   Call on MTA New York City Transit and the N.Y.C. Department of Transportation to reconfigure Queens bus routes, many of which were laid out more than a half century ago, to reflect changing residential, commercial, business, cultural and industrial needs. Require public review of proposed route changes.

Vehicular Transportation Issues

1.      Require New York State and New York City to control and reduce ever-expanding trucking and commercial vehicular traffic that is clogging our streets and highways producing insufferable pollution.  Freight transportation alternatives must be developed, such as the proposed rail freight tunnel from Brooklyn under New York Harbor.

2.      Control and reduce illegal and perilous truck and commercial vehicular traffic on Queens’ local streets through meaningful policing and environmental enforcement. 

3.      Require the MTA New York City Transit and all public and private surface operators to purchase exclusively buses that use non-polluting fuels, commensurate with standards applicable to Nassau and Suffolk counties.

4.      Create new and revise, where applicable, existing bus routes to provide one-seat cross-borough surface transit.

5.      Limit the contractual term of private bus franchises to two years.  Open private bus franchises to competitive bidding, including a requirement that existing labor force receive a preference in employment, as required by New York City charter.  Competitive bidding will no doubt result in improved service and public responsiveness, even if incumbent companies retain
contracts.

6.      Study the feasibility of MTA New York City Transit takeover of private bus routes.

7.      Expand use of EZ-Pass for paying municipal parking lot fees and install EZ-Pass scanners in all lanes, including manned lanes at MTA Bridges and Tunnels facilities.

8.      Enact legislation to protect the privacy of EZ-Pass users and bar the use of EZ-Pass for monitoring or enforcing speeding and other traffic infractions or for tracking vehicular use.  Enact legislation to set standards for law enforcement agencies or others seeking EZ-Pass data that would require a judicial subpoena.

9.      Implement variable congestion pricing tunnel and bridge tolls based on time of a day use, particularly featuring off-hour discounts for travelers and truckers in order to relieve prime travel time delays

10.   Maintain free use of all non-TBTA East River and Harlem River bridges for all city residents.

11.   Create safe cycling routes to encourage less reliance on fossil-fueled vehicles and to enhance the quality of life of Queens citizens. 

12.   Oppose the expansion of HOV lanes in Queens, which have proven to be ineffective in national surveys, as an imposition on the quality of life of residents and communities in its path, with no benefit to the people of Queens.

13.   Require community board and civic association consultation and input on the City’s determination of truck routes 

14.   Regulate and closely supervise city and utility work crews and private contractors who cut open streets and roads so that remedial work is proper, durable and long-lasting.  Coordinate roadway improvements with utilities to prevent re-opening newly restored streets. 

15.   Oppose any increase in van services as a substitute for adequate public transportation.

ECONOMIC DEVELOPMENT

Queens has the second largest and best-educated labor force of all the boroughs.  Queens also has a significant pool of available warehouse, industrial and commercial space - much of which has been modernized and upgraded.   But the competition for office, retail and professional space and jobs from Nassau County and other regional counties is fierce.

The lifeblood of any county is the ability to attract new businesses and to retain existing businesses in order to create economic growth and provide job opportunities for the local residents.  Queens has major aviation industry jobs, service sector, wholesale and retail trade industries in its economic base.  Large tracts of vacant land or buildings in previously industrial areas and in the Rockaways create huge opportunities for significant economic development in our borough.  Because of the impact of large scale retail development, Economic Impact Review should be part of the review process. 

Entrepreneurs and businesses need certain incentives, in addition to access to capital and labor, in order to start a new venture or continue an existing business.

Therefore, the Queens Civic Congress adopts the following:

1.      Institute the "Downtown Manhattan Tax Credit Model" to help neighborhood commercial shopping strips - The shopping areas in the other boroughs should be able to use this concept of tax credit incentives.  The tax credit model was successfully used in the revitalization of downtown Manhattan to improve commercial and residential neighborhood occupancy, and to increase utilization and enhance competitiveness with respect to neighboring megastores and suburban malls. 

2.      Expand the sales tax exemption on apparel/footwear purchases to $500, and include in the exemption most essential household items.

3.      Eliminate the Unincorporated Business Tax - Entrepreneurs and professionals continue to leave the city, particularly Queens County, for the lure of a less taxing business tax climate of nearby suburban counties. 

4.      Oppose any increase in Residential Real Estate Taxes.

5.      Stabilize Water/Sewer Rates - Water/sewer rates have been going up at percentage increase two and three times the rate of inflation.  This “hidden tax” is a source of revenue for the city that receives little attention and no retribution from those who have to pay it.  The independent New York City Water Board has to learn to live within its means.

a.      Dedicate all funds generated by the Water Board to running the agency and for operating and maintaining the City's vital water supply and sewer systems.

b.      Enact legislation to Delay Water Board Rate Setting until after City adopts its budget.  In 2001, The Assembly unanimously passed legislation A.8496; it needs to pass it this year and the State Senate must introduce and pass this bill.

c.      Cap the water/sewer rate increase yearly at the rate of inflation.

d.      Remove capital costs from the calculation of the rate structure.

e.      Fund capital water and sewer projects directly from the general New York City capital budget.

f.      Set up a senior citizen water rate relief program similar to the Seniors Homeowner Exemption on real estate taxes.  Pending legislation A.6835/ S.4027 (2001) must get passed.

6.      Eliminate the New York State gross receipts tax on our utility bills - The gross receipts tax is a hidden tax imposed by New York State, and very few other states, on its residents' utility bills - gas, electric and telephone.  The gross receipts tax contributes to New York State's being one of the highest energy cost states in the country, raising about $1 billion for the state coffers.  While the state has begun to phase this tax out, under the present scenario it will be years before it is eliminated.  Furthermore, the deregulation of utilities will draw out-of-state competitors, which are exempt from this tax.  These utilities will be able to offer lower rates than our native utilities.  It is time to eliminate the residential and commercial gross receipts tax in this legislative session. 

7.      Eliminate the New York City personal income tax surcharge - New York City is one of the only municipalities in the country that has a personal income tax, much less a surcharge on top of that. This onerous tax add-on was imposed temporarily during financial crisis in order to meet City obligations.  We must immediately remove the personal income tax surcharge and lower the City's personal income tax to retain the middle-class tax base in the City.

8.      Index to COLA the income eligibility limits for the Senior Citizen
Homeowners Exemption (SCHE) and the Senior Citizen Rent Increase Exemption
(SCRIE).  Pass the legislation, A.4143 (2001) introduced in the Assembly and needed to be re-introduced in the Senate.

9.      Implement Co-op and Condo Property Tax reform without shifting any burden to owners of one, two or three family homes.

10.   Capture upwards of one billion dollars in lost real estate tax revenue based on illegal uses and improper property classifications through a combination of fines and improvements in the classification of real property.

11.   Develop an affordable housing plan to create a mix of 150,000 units over ten years, including low (working poor), moderate and middle income and senior housing and preserve (existing) Mitchell-Lama and FHA 236 buildings by leveraging private and non-profit resources through a re-allocation of existing housing development funds.

ENVIRONMENT

With the closure of the Fresh Kills Landfill (Staten Island), all New Yorkers must share equally and fairly in the challenges of disposing of the city's waste.  A major step happened with implementation of weekly collection of recyclables in Queens. New York City also requires stronger actions to protect the City's supply of clean drinking water.

Therefore, Queens Civic Congress adopts the following:

1.    Meet and implement the City Council's waste recycling law mandates.

2.   Adopt a plan to dispose of the city's waste not subject to recycling.

3.   Mandate community review and notification with legislative oversight for the siting or change in use of waste transfer stations.

4.   Restore street trash collection and cleaning of street trash receptacles.

5.   Increase frequency of collections, particularly to schools and commercial litter baskets.

6.   Strictly enforce Department of Sanitation codes in both residential and commercial districts.

7.   Create Community District Sanitation Councils similar to precinct community councils, which would provide an opportunity for problem resolution and coordination of operations.

8.   Oppose any increase in recycling fines for homeowners and tenants from the current $25.00

9.   Increase frequency of Yard Waste collection.

10.  Introduce bottle and can buybacks centers.

11. Oppose any cutbacks in the City’s recycling program.

12. Establish City and state programs to require the purchase and use of "Clean Air" school buses, taxis, all MTA and private buses, emergency and heavy duty (i.e. Sanitation) vehicles and look at similar programs to apply to fleet vehicles and freight haulers that travel local NYC streets, and establish clean fuel stations accessible to the public and private fleet vehicles and taxis.   

13.  Enact legislation needed to protect the New York City Watershed with the following elements: A Comprehensive Watershed and Delivery System Management Plan covering the Catskill, Delaware, Croton and Brooklyn/Queens aquifer watersheds; An Annual Watershed Survey and Review of Rules and Regulations and Agreements on Watershed Protection; Reform of Personnel to Protect the Watershed and Water Supply and A Water Conservation Plan.

14. Oppose the introduction of former Jamaica Water Supply water into the New York City water system.

15. Take immediate steps to reduce the effects of aircraft noise and pollution from jet exhaust and the dumping of jet fuel.

HEALTH & HOSPITALS

The issue is clear for Queens: the Borough must establish a plan for a "World Class" standard of patient care for all Borough residents.

Therefore, the Queens Civic Congress adopts the following:

1.      Execute the plan to put emergency service ambulance garages in local communities.

2.      Oppose the disposition or changes of use of any Health and Hospitals Corporation real property without community participation and review.

3.      Require prior notification before aerial and street spraying.

4.      Ensure adequate healthcare in every neighborhood.  In particular, Southeast Queens is seriously underserved by hospitals, requiring lengthy travel to get to full-service health centers.

5.      Identify areas where toxic chemicals may cause a hazard to present or future habitation.  For example, in Southeast Queens heavy concentrations of PERC at the former Westside Corporation site and in Northeast Queens in the New Hyde Park area a recently discovered industrial chemical dump-site in Nassau County both pose potential groundwater and surface contamination only yards from populous Queens neighborhoods.

6.      Study available State data on incidences of various types of cancer to determine if there are, and what causes cancer “hotspots,” so that appropriate warnings can be communicated.

CITY GOVERNANCE & CITY BUDGET/FISCAL POLICY

Budget & Fiscal Policy

We recognize a need to reform once and for all many city fiscal policies that contribute to annual budget crises, capital budget construction delays and cost increases.   Thus, we find that New York City needs a strategic budget plan that addresses the enormous current and projected deficits and borrowing that limit the ability of current and future Mayors to provide essential services to New Yorkers. 

New York City needs to introduce real discipline into its budgeting process.  New York City must require its agencies to justify service delivery options and program. 

Budgeting for the delivery of city services where appropriate by borough and community district, rather than the centralized approach to decision-making, introduces flexibility and efficiencies.  It directs services based on need and an understanding that all communities will receive a fair share of services and programs, just not necessarily the same mix of services and programs.

A review of long and short-term capital budget financing issues indicates a need exists to develop a longer-term city capital plan that makes sense.  The current four and five year plans (four years for the city capital budget; five for the Board of Education) fail to address actual spending capabilities and might not adequately reflect neighborhood needs and priorities.  A longer-term debt-financing plan would supplement the strategy to provide needed additional capital financing.  This would serve to identify the City's real debt needs based on its real ability to advance projects, once initiated for funding (inclusion in the "capital commitment plan"). It would also be a basis around which to develop a coalition to seek federal and state funding commitments that recognize the regional benefits of much of the City's proposed capital program.

Therefore, the Queens Civic Congress adopts the following:

1.      Implement a new fiscal strategic approach that uses budget surpluses to reduce existing debt and fund some capital projects on a pay-as-you-go basis.

2.      Rather than mere across-the-board spending caps, a strategic review of each year’s annual spending to be justified rather than base-lined.

3.      Reshape New York City’s Annual Executive Expense Budget to reflect the need to deliver services based on the varying needs of each of the five boroughs and the diverse needs of communities.

4.      Set capital priorities by community needs and that support neighborhood development, including a borough-by-borough grid of capital spending by agency  (This also includes schools, housing, court facilities, highways, sewers, water supply, etc.).

5.      Develop longer-term city capital plan that makes sense by outlining a Strategic Capital Program that identifies the City's real debt needs based on its real ability to advance projects.

6.      Develop a coalition to seek federal and state funding commitments based on the regional benefits of much of the City's proposed capital program.

7.      Improve virtually non-existent legislative and executive oversight of the management of the City’s capital plan and capital projects.

8.     Pass a “Federal Brooks law" style professional contracting law barring bid fee cuts pending in the 1998-2001 City Council.

Borough Presidents

       We consistently have advocated a strong role for borough presidents in the governance of our city. City Charter Chapter 4, particularly section 82, clearly requires borough presidents to monitor service delivery, review all capital projects in the borough, advise the mayor on the formulation of the Preliminary and Executive Budgets, provide technical assistance to community boards, and identify the borough's strategic needs. 

Therefore, the Queens Civic Congress adopts the following:

1.  Provide the Borough President with the resources to empower each to carry out their charter functions and help New York City weather the current fiscal crisis, rather than cut the borough presidents' budget.

Community Boards

The City Charter established Community Boards to bring government closer to the people and provide local input in such areas as the budget, land use and service delivery.  The City Charter Chapter 70, Section 2800, d. clearly requires each community board to carry out 21 enumerated functions, yet the budget provides only minimal funds to carry out these mandates.

In addition, the Queens Civic Congress has observed a reduction in the appointments of civic and neighborhood representatives to community boards.  A lack of civic expertise significantly reduces the effectiveness of local community boards. 

We are also are aware of proposals to change the method of appointing community board members.  We support continuing the current method of community board appointments by the Borough Presidents and City Council members.

Therefore, the Queens Civic Congress adopts the following:

1.  Call on the City to provide adequate funds for the Community Boards to carry out the Charter mandated functions and to ensure the timely delivery of city services to their districts.

2.  Call for Borough Presidents and Council Members to give greater emphasis to qualifications and active community participation of prospective community board members in making their appointments.

3.  Oppose proposals to change the current method of appointing community board members.    

Open Government

We welcome the new administration’s plans to put more information about agency operations on the internet.

We must also ensure that government allows the public basic access to the seat of government to access public meetings with ease, to access their elected and appointed officials in the halls of government and to criticize (or praise) government at the seat of government.  Concerns about security offer no basis for these rules that effectively limit speech and opportunities for the average citizen to influence government.

       Voting represents one of the ways that citizens participate in civic life and government.  Access to voter registration expands public access and participation in government.  In our own city, City Hall must encourage this important form of civic and political involvement through easing participation in the political process.  This includes encouraging voter registration at our public schools, colleges, and other educational institutions and community and faith-based organizations.

Therefore, the Queens Civic Congress adopts the following:

1.  Require city government to report routinely basic information about agency operations to community boards, borough boards and council members and borough presidents.

2.  Call on the government of our City to ensure access to City Hall and its Plaza to the people. 

3.  Call on the city to encourage voter registration through the appropriate use of our public schools, colleges, and other educational institutions and community and faith-based organizations.

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Appendix

The following information has been extracted from the 'Extent of Completion Report' January 2002 status as of December 31, 2001, and the 'Line Project Status Report' December, 2001 status as of November 30, 2001 Both reports are produced by the New York City School Construction Authority.   The listing of projects implies no position by the Queens Civic Congress on individual school projects, nor does it imply support for any such project by a member civic.

The following line projects activity under execution or completed after June 30, 1999 (section one) are:

Community School Districts

High Schools

Chancellor Schools