L.L. 1996/079

Enactment date: 9/11/1996

Int. No. 793-A

By the Speaker (Council Member Vallone), Council Members Freed, Albanese, Robles, Spigner, McCaffrey, Pinkett, Duane, Fisher, The Public Advocate (Mr. Green), Council Members Clarke, Malave-Dilan, Eisland, Eldridge, Henry, Laslier, Michels, Miller, Powell IV, Stabile, Pagan and Wooten; also Council Members Cruz, DiBrienza, Fields, Foster, Koslowitz, Marshall, McCabe, O'Donovan, Robinson, Ruiz, Sabini, Watkins, White, Williams, Harrison, Linares, Povman, Warden, Weiner and Rosado

A Local Law to amend the administrative code of the city of New York, in relation to establishing a prevailing wage requirement in contracts for security, temporary, cleaning and food services funded through the city treasury

Be it enacted by the Council as follows:

Section 1. Declaration of Legislative Findings and Intent. The Council finds that in several areas in which the city contracts for services there appears to be a trend toward paying low wages. This problem appears to be most egregious in the areas of security, temporary, cleaning and food services. Although the Council recognizes that this situation exists in other areas as well, it is an important first step to concentrate on these four industries where the problem is most blatant.

The city spends over $3 billion annually on personal service contracts, including approximately $200 million spent annually to purchase security, temporary, cleaning and food services. It is vital that the city receive the greatest level of service and economic return for its contractual expenditures. The Council, therefore, finds that it is in the best interest of the city to require as a condition of every contract for security, temporary, cleaning and food services that the contractor or subcontractor pay persons employed under such contract the applicable prevailing wage in the industry.

Recognizing that the not-for-profit sector is uniquely instrumental in the provision of services to the city's most vulnerable populations, such organizations are exempt from the requirements of this legislation. This is consistent with the state constitution's recognition that institutions whose mission is charity cannot be treated in the same manner as those organizations whose mission is profit-making.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately for all contracts for the provision of security and cleaning services, and shall only apply to contract solicitations issued after its effective date.

§ 4. This local law shall take effect one hundred eighty days after it shall be enacted into law for all contracts for temporary and food services, and shall only apply to contract solicitations issued after its effective date. Actions to effectuate the implementation of this local law as it applies to contracts for temporary and food services, including, but not limited to, establishing the prevailing wage rates for the following occupations found in the federal dictionary of occupational titles: secretary; word processing machine operator; data entry clerk; file clerk; general clerk; cafeteria attendant; counter attendant; cook; and kitchen helper, shall begin immediately.

L.L. 1996/080

Enactment date: 9/26/1996

Int. No. 456-B

By Council Members Sabini, Leffler, the Speaker (Council Member Vallone), Council Members Eristoff, Pagan, Abel, Fossella, Albanese, Miller, Ognibene, Weiner, White, Koslowitz, Spigner, Fisher, DeMarco, McCaffrey, Dear, Lasher and Stabile (by the request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to a prohibition against certain forms of aggressive solicitation

Be it enacted by the Council as follows:

Section 1. Legislative findings. The council recognizes a constitutional right to beg or solicit in a peaceful and non-threatening manner. The council finds, however, that an increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.

Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The council further finds that the presence of individuals who solicit money from persons at or near banks or automated teller machines is especially troublesome. Motorists also find themselves confronted by persons who without permission wash their automobile windows at traffic intersections, despite explicit indications by drivers not to do so. Such activity often carries with it an implicit threat to both persons and property. People driving or parking on city streets frequently find themselves faced with panhandlers seeking money by offering to perform "services" such as opening car doors or locating parking spaces.

This law is timely and appropriate because current laws and city regulations are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to serve a substantial governmental interest. Furthermore, in enacting this legislation, the council recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this law.

The law is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Its goal is instead to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the city.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 30 days after its enactment into law.

L.L. 1996/081

Enactment date: 9/26/1996

Int. No. 790-A

By Council Members Robles, Clarke, Malave-Dilan, Eristoff, Stabile, Warden and Rosado (by the request of the Mayor); also Council Members Fisher and Pinkett

A Local Law to amend the New York City charter and the administrative code of the city of New York, in relation to creating the department of youth and community development

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Any agency or officer to whom are assigned by this local law any powers and duties shall have the power to continue any business, proceeding or other matter commenced by the agency or officer by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such powers and duties shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such powers and duties are assigned by this local law. Any rule in force upon the effective date of this local law and promulgated by an agency or officer whose power to promulgate such rule is assigned to another agency or officer by this local law, including any rule or regulation previously adopted pursuant to provisions of federal or state law relating to the community services block grant program; shall continue in force as the rule of the agency or officer to whom such power is assigned, unless and until such rule is superseded, amended or repealed.

§ 4. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer, shall be affected or abated by the adoption of this local law or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by this local law be assigned or transferred to another agency or officer, but in the event the same may be prosecuted or defended by the agency to which such functions, powers and duties have been assigned by this local law.

§ 5. No existing right or remedy of any character accruing to the city shall be lost, impaired or affected by reason of adoption of this local law. Any lease, license, permit or contract in force upon the effective date of this local law, and entered into or issued by an agency or officer whose power to enter into such type of lease, license, permit or contract is assigned by this local law to another agency or officer shall continue in force according to its terms and applicable law.

§ 6. All records, property and equipment relating to a function, power or duty that is transferred pursuant to this local law shall be transferred and delivered to the agency to which such function, power or duty is transferred.

§ 7. Whenever, pursuant to this local law, functions, powers or duties are transferred to any agency which have been heretofore exercised by any other agency, officers and employees in the classified city civil service who are engaged in the performance or such powers or duties may be transferred to the agency to which such powers or duties have been transferred, without further examination or qualification, and shall retain their respective civil service classifications and civil service status.

§ 8. This local law shall take effect thirty days after enactment.

L.L. 1996/082

Enactment date: 10/4/1996

Int. No. 756

By Council Member McCaffrey; also Council Members Koslowitz, O'Donovan, Povman, Sabini, Foster, Fisher, Duane, McCabe, Robinson, Eristoff and Lasher

A Local Law in relation to a street name, FF Peter F. McLaughlin Way, Borough of Queens

Be it enacted by the Council as follows:

Section 1. The following street name is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
FF Peter F. McLaughlin Way	Queens Boulevard	the south side of Queens Boulevard between 64th Street and 65th Street

 

§ 2. This local law shall take effect immediately.

L.L. 1996/083

Enactment date: 10/4/1996

Int. No. 812

By Council Members Albanese, DeMarco, Povman, Ruiz and Abel; also Council Members DiBrienza, O'Donovan and Williams

A Local Law in relation to a street name, P.O. Chris Hoban Way, Borough of Brooklyn

Be it enacted by the Council as follows:

Section 1. The following street name is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
P.O. Chris Hoban Way	71st Street	between Narrows Avenue and Shore Road

 

§ 2. This local law shall take effect immediately.

L.L. 1996/084

Enactment date: 10/4/1996

Int. No. 835

By Council Member Duane; also Council Members Robles, Foster, Povman, Fisher, McCabe, Robinson and Eristoff

A Local Law in relation to a street name, Special Agent Everett E. Hatcher Place, Borough of Manhattan

Be it enacted by the Council as follows:

Section 1. The following street name is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Special Agent Everett E. Hatcher Place	West 17th Street	between 10th and 11th Avenue

 

§ 2. This local law shall take effect immediately.

L.L. 1996/085

Enactment date: 11/1/1996

Int. No. 700-A

By Council Member Dear; also Council Member Sabini

A Local Law in relation to approval of the application of Chi-Elm Transportation Services, Inc. for authorization to operate commuter van services in the Boroughs of Queens and Manhattan

Be it enacted by the Council as follows:

Section 1. Notwithstanding any other provision of law, the determination of the taxi and limousine commission to authorize the operation of commuter van services in the Boroughs of Queens and Manhattan is approved as hereafter indicated.

 

Applicant	Geographic Area
Chi-Elm Transportation Services, Inc.	A residential area in Queens bounded on the north by 51st Avenue from Broadway to Junction Boulevard, bounded on the east by Junction Boulevard from 51st Avenue to the Long Island Expressway, bounded on the south by the Long Island Expressway from Junction Boulevard to 80th Street and bounded on the west by 80th Street from the Long Island Expressway to Grand Avenue, along Grand Avenue from 80th Street to Broadway, along Broadway from Grand Avenue to 51st Avenue to and from a central work-related area in Manhattan bounded on the north by Kenmare Street from Lafayette Street to Bowery and Delancey Street from Bowery to Chrystie Street, bounded on the east by Chrystie Street from Delancey Street to Canal Street, bounded on the south by Canal Street from Chrystie Street to Lafayette Street, bounded on the west by Lafayette Street from Canal Street to Kenmare Street.
Hours of Operation	Number of Vans
Daily / 7:00 a.m. - 11:00 p.m.	One

 

§ 2. This local law shall take effect immediately.