Support for the Creation of PS 267
March 10, 2010
Last night I delivered testimony to the Panel for Education Policy (PEP) in support of the proposal to co-locate P.S. 267, a new elementary school, in the P.S. 158 building beginning in the 2010-11 school year. This proposal represents a big victory for East Side students and their parents, offering immediate relief from school overcrowding and avoiding the earlier, much criticized plan to create a “mega-school.” The new PS 267 will have its own administration and will move into its own permanent location in the former Manhattan Ear Eye and Throat Hospital (MEETH) building on East 63rd Street.
The PEP will be holding a final vote on the proposal at its regular public meeting on March 23, at 6:00 pm in the Michael J. Petrides School, 715 Ocean Terrace in Staten Island.
My testimony is below.
3.9.10 PS 267 Public Hearing Statement
Kellner to SLA: Revoke Saloon’s Liquor License
March 2, 2010
While city life is never perfectly peaceful, New Yorkers have a right to expect that their local businesses will be respectful neighbors. Unfortunately, this isn’t always the case. My office has received numerous complaints from Yorkville residents about Saloon, a bar and nightclub on York Avenue between 83rd and 84th Streets, including reports of fights, destruction of private property, public urination, and noise created by the club’s patrons. As a result of these complaints, and the consistent failure of Saloon’s owners to address them, I have been working with the New York State Liquor Authority (SLA) in an effort to revoke the establishment’s liquor license.
When Saloon recently changed ownership, Community Board 8 made approval of the new owners’ liquor license contingent on their agreement to acknowledge and resolve these problems. However, in a letter Saloon sent to the Community Board, the owner arrogantly tried to brush the complaints aside as insignificant, referring to them only as “alleged” issues, and offered no concrete commitment to working with the community. As a result, the Community Board voted to deny the bar’s liquor license application.
Today, I along with Senator Liz Krueger and Council Member Jessica Lappin, called upon the SLA to respect the wishes of the community and deny the liquor license application. Saloon has proven itself unable—and unwilling—to be a good neighbor, and there is no reason why the residents of Yorkville should have to continue suffering.
3-2-10 Letter to SLA Re CB8 Saloon Vote
For Select Bus Service to Succeed, Bus Lanes Must Be Separated
January 21, 2010
The Department of Transportation and the Metropolitan Transportation Authority recently presented preliminary designs for Select Bus Service along First and Second Avenues at a Community Advisory Committee meeting.
Last fall when the New York City Department of Transportation and the Metropolitan Transportation Authority announced the proposed stops for Select Bus Service on the Upper East Side, I was concerned about the siting of stops on First and Second Avenues at East 79th and 86th Streets. The original proposed SBS stops were set to be across the street from existing local stops.
In September, I wrote to the DOT and MTA and asked them to find a way to ensure that future SBS and existing local stops were on the same block on these routes (see the 2009 Publications section of this website). I was therefore very pleased to see that in the draft designs that were unveiled at last week’s Community Advisory Committee meeting the design proposals included that SBS stops would be sited on the same block as existing local stops. This goes a long way in promoting pedestrian safety.
My remaining concern is the lack of physically separated bus lanes in the agencies’ design schematics. This is a big negative impact on the quality of service that SBS can deliver. Last month, I joined with Assembly Member Brian Kavanagh in sending a letter to the DOT Commissioner in support of physically separated bus lanes (this letter can also be found in the 2009 Publications section of this website).
While I appreciate the need to address the needs of businesses that rely on deliveries, there are other ways to do this besides sacrificing separated bus lanes. The primary goal of SBS must be to provide mass transit consumers with uninterrupted, speedy service along the First and Second Avenue corridors–this should be the priority over all other small inconveniences.
Assembly Member Kellner on CB8 Speaks
December 16, 2009
Opposition to Dept. of Education Rezoning Proposal
December 14, 2009
The Upper East Side has faced a steadily worsening overcrowding crisis for the past several years. Schools have been forced to convert art rooms, libraries, and even closets into instructional space to keep pace with rising enrollments. A number of new school projects on the Upper East Side are already or will soon be coming to fruition. These new seats should help ease the space crunch. The District 2 Community Education Council (CEC) and New York City Department of Education (DOE) rightfully understand that rezoning will be needed in order to make effective use of the new school capacity that is becoming available.
However, I do not believe that the DOE’s proposal for the space at PS 158 that will become available after East Side Middle School relocates is appropriate.
The bottom line is that the proposals put forth by the DOE create a school that is simply too big. On the East Side, we are fortunate enough to have supportive, nurturing schools of reasonable sizes. Creating a mega-school in the PS 158 building would be detrimental both to the existing PS 158 community and to the students who would be rezoned to attend the school.
Research from both the Brookings Institute and the Center for the Study of Teaching and Policy found that student learning tends to diminish in schools that enroll over 800 students. In addition, it becomes significantly more difficult to build the sense of community that is the hallmark of successful schools in a school of more than 1,000 students.
I, along with Council Member Jessica Lappin and Manhattan Borough President Scott M. Stringer, wrote to the CEC to urge it to reject the rezoning proposal and instead adopt a plan to incubate a new elementary school, with its own zone, at the PS 158 site. You can download a copy of that letter from the Publications section of this website.
Halloween Howl at Carl Schurz Park
October 26, 2009
I had a wonderful time MC’ing the small dog contestants in this year’s Halloween Howl, a fabulous tradition that I look forward to — and which grows bigger and better — each year. The event benefits the Carl Schurz Park Conservancy. The ASPCA showcased a number of dogs in need of adoption at the event. If you are interested in opening your home to a new member of the family, consider adoption, visit the ASPCA of NYC at 424 East 92nd Street.
Funding Playground Associates for Our Community Parks
August 3, 2009
Manhattan Borough Parks Commissioner William Castro, Assistant Commissioner Ed Lewis, myself, and several Parks Department playground associates were in Carl Schurz Park last week observing the playground associates program that I funded in this, and two other, community parks.
Since first being elected to the Assembly, I have worked each year to secure funds for the NYC Parks and Recreation Playground Associates programs at Carl Schurz Park, John Jay Park, and St. Catherine’s Park. The Playground Associates program provides each park with a staff member on a seasonal basis. Having staff in our parks and playgrounds enhances cleanliness and safety, ensuring that these special places continue to be safe havens for children and families. The playground associates also organize fun activities for neighborhood children likes sports, games, arts and crafts, and walking trips.
Keeping Our Dog Runs Safe
July 31, 2009
In a city where most residents lack backyards, dog owners rely on dog runs to exercise their pets. This is especially true on the Upper East Side, where Community Board 8 boasts more licensed dogs then any other neighborhood in the City. Dog runs are an oasis—they allow dogs to work off their energy and socialize while the owners become part of a tight knit community.
The Upper East Side has access to four runs, two at Carl Schurz Park and two at the East 63rd Street Esplanade. My dog, Nina, and I visit the large dog run in Carl Schurz Park at least twice a day, so I understand that it is not only important to have access to a dog run, but to ensure that the environment is safe, clean, and appropriately landscaped.
Recently, neighborhood dog owners have voiced their concerns about the surfacing at the new large dog run at the East 63rd Street Esplanade. I have heard reports that the newly installed soft surfacing has drainage problems, and that there is an excess of dirt and dust.
In response to this, I have reached out to the New York City Department of Parks and Recreation and they have assured me that Parks Department staff will soon begin the process of removing the problem surfacing to better assess the drainage issues and make necessary alternations that address the myriad of problems. The surface will then be reinstalled, and similar to the surfacing at Tompkins Square Park, it will be packed every three inches during installation to prevent any material from becoming loose and sandy.
This is a step in the right direction, and I am pleased that the Parks Department has been responsive to these community concerns.
I will continue to work on behalf of dog owners to ensure that our voices are heard and that all of our beloved pets are safe at our dog runs.
The Fight Continues Against Bloomberg’s Garbage Plan
July 29, 2009
While I was disappointed to learn of the New York State Department of Environmental Conservation’s (DEC) decision granting the City’s permit application for a Marine Transfer Station (MTS) at East 91st Street in my district (see the end of this post for the decision in full), the fight does not end here. In the Assembly, I continue to push my bill (A.6829/S.3112) to prohibit the siting of a solid waste transfer station within 800 feet of a public housing complex. I was pleased that my bill made progress this year and was passed by the Environmental Conservation and Codes Committees. I also strongly support the Gracie Point Community Council’s plans to file an Article 78 lawsuit in State Supreme Court to challenge the validity of the DEC ruling.
There is still time to put a full stop to this madness. How can the Bloomberg administration continue to argue that this makes sense even while the Department of Education prepares for the fall opening of the new PS 151 elementary school on East 91st Street between First and Second Avenues (See “Braced for Garbage,” Our Town, June 17, 2009)? The good news for us is that the Bloomberg Administration has not budgeted for the project for the upcoming fiscal year, pushing back implementation to 2011 at the earliest. Meanwhile, in addition to the Article 78 proceedings, an earlier lawsuit filed by Gracie Point Community Council arguing that the MTS is unlawful park alienation is still pending.
This project is taking longer and costing more than anyone ever imagined. If the Mayor was truly interested in fiscal discipline and efficient government, he’d abandon this boondoggle now. Elections have consequences.
The Upper East Side and East Harlem communities have repeatedly pointed out why this location is inappropriate–for the children who play outdoors at Asphalt Green, park-goers who use Carl Schurz Park, the East Side River Esplanade and Bobby Wagner Walk, the over 40,000 residents of surrounding residential high-rises, and public housing complexes like Stanley Isaacs Houses and John Haynes Homes.
The fact remains that this neighborhood is one of the most densely populated residential areas in all five boroughs. Had there not been an MTS in this location at some point in the past, it would be illegal to site one there today. The neighborhood that the former MTS was part of was a very different one. Gone are the light manufacturing uses and warehouses that once lined the East River–this is 2009, and this is a tightly packed network of high rise residential towers, housing projects, parks, and community facilities. The fact that once upon a time there was an MTS at this location has allowed the Mayor to exploit what amounts to a loophole in the law. In the City’s application, the proposed MTS was referred to as a “reactivation” of an existing MTS. This is hogwash, and it is more than disappointing that the DEC didn’t kick the City to the curb for such transparent word-smithing.
Please check back here for updates as more on this situation develops. I am posting the DEC’s decision in full below for your convenience.
7-27-09 DEC decision on marine transfer stn
So Where Does the Mayor Stand on 2nd Avenue Relief?
July 17, 2009

Looking south from corner of East 94th St. and Second Ave. Photo courtesy of The Launch Box.
Does the Mayor care about Second Avenue’s small businesses or doesn’t he?
Back in February, at a press conference to mark the beginning of construction on the MTA’s Number 7 train extension project, Mayor Bloomberg made a point of talking about the suffering of small business owners in the Second Avenue Subway construction zone:
“[The construction] is literally destroying every business on Second Avenue,” the mayor said at a press conference intended to show off a 100-ton cutting head that was to begin churning out the West Side extension for the 7 train.
“It is an economic disaster for the people who have stores and restaurants on Second Avenue and we have to find something to do for them.”
I am all too familiar with the disaster facing small business owners in the Second Avenue Subway project area. The new subway line will be great for New York in the long run, but the construction process is devastating the neighborhood. These small business owners are being asked to sacrifice on behalf of the public interest, and we owe it to them to find a way to help weather the storm.
This is why I sponsor legislation (A.3949/S.1393-Serrano) to provide targeted relief to small business owners, by giving their landlords an incentive to lower their rents. My bill gives property tax breaks to building owners in the construction zone if they renegotiate leases at lower rates for small business tenants. This bill gives Second Avenue’s businesses a a fighting chance, and in tough economic times it will help preserve the city’s tax base by working to prevent the shuttering of a once-dynamic commercial neighborhood.
The relief bill passed the Assembly last month, and for the second time in two years. But yesterday, Mayor Bloomberg instructed Republican State Senators to oppose the legislation, and without any GOP support, the measure could not come to a vote.
If the Mayor recognizes that the construction is an “economic disaster” for Second Avenue, and says that “something” should be done to aid the suffering businesses, why is he standing in the way of actual efforts to help?



