Int. No. 867-A

By Council Members Nelson, Brewer, Fidler, Koppell, Gerson, White Jr., Eugene, Garodnick and Gennaro

A Local Law to amend the New York city charter, in relation to the waterfront management advisory board.

Be it enacted by the Council as follows:

Section 1. Section 1303 of the New York city charter, as added by local law number 61 for the year 1991, is amended to read as follows:

§ 1303. Waterfront management advisory board. a. There shall be a waterfront management advisory board, which shall consist of [twenty-one members and which shall consult with the deputy mayor for finance and economic development and the commissioner to advise them on matters relating to the industrial, commercial, residential, recreational and any other development of the city's wharves and water front property and on other matters at their request and to render annually to the mayor, the borough presidents, the city council and people of the city a report regarding the development of wharves and water front property in the city.

The board shall include] the deputy mayor for [finance and] economic development [or the delegate of such officer], as [chair] chairperson; [a person to be designated by the deputy mayor for finance and economic development or the delegate of such person, as vice chair; the director of the office of management and budget or the delegate of such officer;] the commissioner of small business services, as vice chairperson;  the chairperson of the city planning commission [or the delegate of such officer]; [the commissioner of parks and recreation or the delegate of such officer; the commissioner of housing preservation and development or the delegate of such officer;] the commissioner of environmental protection [or the delegate of such officer]; [and two] one city council [members] member to be designated by the city council; [in addition, there shall be two labor representatives, two industry representatives, and eight representatives of community interests, one from each borough and three at large,] and twelve members to be [selected] appointed by the mayor with the advice and consent of the city council, provided that there is at least one appointed member from each borough.  Appointed members shall include representatives of labor, the maritime industries, the transportation industries, the real estate industry, the hospitality industries, as well as environmental advocates and community advocates. [The labor, industry and community representatives shall each serve for a three-year term without compensation.]

b. Appointed members of the board shall not hold any other public office or employment and shall be appointed for terms of three years without compensation, except that of the members first appointed, four shall be appointed for terms of one year, four shall be appointed for terms of two years and four shall be appointed for terms of three years.  No appointed member may be removed other than for cause to be determined after a hearing before the office of administrative trials and hearings.

                      c. In the event of a vacancy on the board during the term of office of an appointed member, the mayor shall appoint a successor with the advice and consent of the city council to serve the balance of the unexpired term.

d. The ex officio and council members of the board may designate a representative who shall be counted as a member for the purpose of determining the existence of a quorum and who may vote on behalf of such member. The designation of a representative shall be made by a written notice of the ex officio or council member served upon the chairperson of the board prior to the designee participating in any meeting of the board, but such designation may be rescinded or revised by the member at any time. The commissioner of small business services may designate as his or her representative the president of the economic development corporation or the designee of the president.

e. The board shall (1) hold at least one meeting every six months; (2) consult with and advise the deputy mayor for economic development, the commissioner of small business services and the city planning commission on any matter relating to the industrial, commercial, residential, recreational or other use or development of wharves, waterfront property and waterfront infrastructure in the city, and on other matters as may be requested by the chairperson of the board; (3) create any committees or subcommittees consisting of at least one board member or their designated representative as the board deems appropriate to carry out the board’s responsibilities, provided that there shall be a committee on recreational uses of the waterfront; and (4) issue a report by March first, two thousand ten, and every two years thereafter, to the mayor, the city council, and borough presidents regarding the development of wharves, and waterfront property and infrastructure in the city during the immediately preceding two calendar years, provided that the report due March first, two thousand ten shall relate to calendar year two thousand nine only.

§ 2. Section 31 of the New York city charter, as added by vote of the electors on November 7, 1989, is amended to read as follows:

§ 31. Power of advice and consent. Appointment by the mayor of the commissioner of investigation and of the members of the art commission, board of health (other than the chair), board of standards and appeals, city planning commission (other than the chair), civil service commission, landmarks preservation commission, tax commission, taxi and limousine commission, [and] the public members of the environmental control board, and the public members of the waterfront management advisory board shall be made with the advice and consent of the council after a public hearing. Within thirty days after the first stated meeting of the council after receipt of a nomination, the council shall hold a hearing and act upon such nomination and in the event it does not act within such period, the nomination shall be deemed to be confirmed.

§3. This local law shall take effect one hundred twenty days after enactment except that the mayor shall take all actions necessary for its implementation, including the appointment of board members, prior to the effective date.

JTB

LS #6541

2/12/09 4:38 PM

3/3/09 6:38 PM - edit