S6104-2011 Actions

• Jan 4, 2012: REFERRED TO CITIES

S6104-2011 Memo

BILL NUMBER:S6104

TITLE OF BILL:
An act
to amend the New York city charter, in relation to expanding the
membership of the board of standards and appeals to thirteen members

SUMMARY OF PROVISIONS:
Section 1 of the bill sets forth the legislative findings and intent
of the bill.

Section 2 amends amends subdivision a of section 659 of the New York
city charter, as added by local law number 49 of the city of New York
for the year 1991, by increasing the number of board of standards and
appeals members to 13 from 5, with the 8 additional members to be
appointed, one each, by the borough presidents, Public Advocate,
Comptroller and City Council.

Section 3 provides for this act to take effect immediately.

JUSTIFICATION:
Prior to the 1991 Charter Revision and elimination of the former Board
of Estimate, zoning and special permit decisions made by the Board of
Standards and Appeals ("BSA") could be reviewed by the Board of
Estimate which was comprised of city-wide elected officials including
the Mayor, the President of the City Council, the Comptroller and the
borough presidents. The effect of this review process was to ensure
that the public's voice would be considered in terms of such
significant government decision-making. Unfortunately, following the
1991 Charter Revision, the public's voice on such important issues
was in effect silenced because the prior review authority of the
Board of Estimate on zoning issues was not carried over to any other
body of elected officials and the Mayor retained sole appointment
powers in the membership of BSA.

This amendment to the Charter will add eight additional members to the

BSA to be appointed by the other major elected officials in city
government -- the borough presidents, Public Advocate, Comptroller
and City Council. The five mayoral appointees will remain and their
voices will be tempered by those of the eight additional members
appointed by these other elected officials.

This amendment will return the concept of "checks and balances" to the
decision making process of BSA and once again add the public's voice
to the debate over one of the city's most important government
functions - zoning.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6104-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6104
 I N  SENATE
 (PREFILED)
 January 4, 2012
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Cities
 

AN ACT to amend the New York city charter, in relation to expanding  the
 membership of the board of standards and appeals to thirteen members
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Declaration of legislative findings and  intent.  Prior  to
 the  1991  revision  of the New York city charter and elimination of the
 board of estimate, zoning and special permit decisions made by the board
 of standards and appeals could be reviewed by  the  board  of  estimate,
 comprised of city-wide elected officials including the mayor, the presi
 dent  of  the  city council, the comptroller and the borough presidents.
 The effect of this review process was to ensure that the public's  voice
 was  considered in this significant decision-making process. The charter
 revision did not continue the review authority of the board of  estimate
 on  zoning issues and such authority was not vested in any other body of
 elected officials. Thus the mayor retains sole appointment powers in the
 membership of the board of standards and appeals.
 This amendment to the charter adds eight  additional  members  to  the
 board  of  standards  and  appeals  to  be  appointed by the other major
 elected officials in city government,  the  borough  presidents,  public
 advocate,  comptroller and city council. This change introduces a neces
 sary check on the board of standards and appeals' authority and  returns
 the public voice to the decision-making process in the area of zoning.
 

S  2.  Subdivision  a  of section 659 of the New York city charter, as
 added by local law number 49 of the city of New York for the year  1991,
 is amended to read as follows:

 a.  There  shall  be  an  independent  board  of standards and appeals
 located within the office of administrative  trials  and  hearings.  The
 board  of standards and appeals shall consist of [five] THIRTEEN members
 to be termed commissioners, FIVE to be appointed by  the  mayor  [each],
 FIVE  TO  BE  APPOINTED,  ONE EACH, BY THE BOROUGH PRESIDENTS, ONE TO BE
 APPOINTED BY THE PUBLIC ADVOCATE, ONE TO BE APPOINTED BY THE COMPTROLLER
 AND ONE TO BE APPOINTED BY THE CITY COUNCIL. EACH MEMBER SHALL SERVE for
 a term of six years.
 

S 3. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13669-01-1

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