affirmation of michael burger in support of defendant's motion to ...

3. Pursuant to § 384(b) of the New York City Charter the disposition of the
building by the City to the Museum requires the approval of the Manhattan Borough Board. The
Manhattan Borough Board consists of the Borough President, the district Councilmembers from
the borough, and the chairperson of each Community Board in the borough. Pursuant to § 85 of
the City Charter, the Board meets and regularly conducts business on a monthly basis throughout
the year.
Pursuant to the City Charter, a public meeting was required before the Borough Board
considered the disposition
of 2 Columbus Circle.
4. On August 24, 2004, the Manhattan Borough Board held a public meeting
on the sale of the building at 2 Columbus Circle. Representatives of Landmark West, including
its executive director Kate Wood and president Arlene Simon, and other individuals
were present
at the meeting, and were given time to voice their opinions regarding the proposed disposition.
A copy of the minutes of that meeting are annexed as Exhibit A. At the. conclusion of the
meeting, the Borough Board passed a resolution approving the disposition. A copy of the
resolution is annexed as Exhibit B. As with all of the Borough Board's public meetings, that
meeting was available for broadcasting
or cablecasting.
5. Plaintiffs in this case were provided ample notice of the August 24
meeting.
6. For instance, in or around May 2004 this office was contacted by Ms.
Wood, who requested that the office notify her when the Borough Board scheduled the hearing
for the disposition of the building. On or about July 23, 2004, this office received notice from
the New York City Economic Development Corporation ("EDC") that the disposition of the
building was ready to come before the Borough Board, and a request that the issue be placed on
the agenda for the August meeting of the Board. Shortly thereafter, the office telephoned Ms.
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