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2 CITY COUNCIL
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CITY OF NEW YORK
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THE TRANSCRIPT OF THE MINUTES
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of the
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STATED COUNCIL MEETING
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December 15, 2003
11 Start: 1:10 p.m.
Recess: 3:50 p.m.
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City Hall
13 Council Chambers
New York, New York
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15 B E F O R E:
16 BETSY GOTBAUM
Public Advocate
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18 COUNCIL MEMBERS: Joseph Addabbo
Tony Avella
19 Maria Baez
Charles Barron
20 Tracy Boyland
Gale Brewer
21 Yvette Clarke
Leroy Comrie
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24 LEGAL-EASE COURT REPORTING SERVICES, INC.
17 Battery Place - Suite 1308
25 New York, New York 10004
800-756-3410
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2 A P P E A R A N C E S (CONTINUED)
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COUNCIL MEMBERS:
4 Bill DeBlasio
Erik Martin-Dilan
5 Simcha Felder
Lewis Fidler
6 Helen Foster
Dennis Gallagher
7 James Gennaro
Vincent Gentile
8 Alan Gerson
Eric Gioia
9 Sarah Gonzalez
Robert Jackson
10 Letitia James
Allan Jennings
11 Melinda Katz
G. Oliver Koppell
12 Andrew Lanza
John Liu
13 Margarita Lopez
Miguel Martinez
14 Michael McMahon
A. Gifford Miller
15 Hiram Monserrate
Eva Moskowitz
16 Michael Nelson
James Oddo
17 Bill Perkins
Madeline Provenzano
18 Christine Quinn
Domenic Recchia
19 Philip Reed
Diana Reyna
20 Joel Rivera
James Sanders
21 Larry Seabrook
Helen Sears
22 Jose Serrano
Kendall Stewart
23 Peter Vallone, Jr.
Albert Vann
24 David Weprin
David Yassky
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2 A P P E A R A N C E S (CONTINUED)
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STAFF: Victor Robles
4 City Clerk
5 Claude Cherry,
Council Clerk
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2 CITY CLERK ROBLES: The Council, City
3 of New York, Proclamation.
4 Whereas: The Council of the City of
5 New York is pleased and proud to honor Russell Bomar
6 for his dedicated service to the Flatlands Community
7 of Brooklyn through his development of a basketball
8 program for local youth; and
9 Whereas: Russell Bomar was born in
10 Spartanburg, South Carolina in 1947 where he
11 attended local grammar school and Carver High
12 School, playing three sports basketball, football
13 and baseball, all at a very high level; and
14 Whereas: In 1967, Russell made his
15 way to New York City to attend college, having been
16 accepted by New York University but unfortunately,
17 as a result of unexpected expenses, was unable to
18 actually attend NYU; and
19 Whereas: While owning and operating
20 his own clothing business, Russell married Doris
21 Jones and had two sons, Christopher and Ngol and he
22 also has another son from a previous union, Russell
23 Jr.; and
24 Whereas: While his sons were growing
25 up, Russell spent much time with them teaching them
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1 STATED COUNCIL MEETING
2 how to play sports, which resulted in both Chris and
3 Ngol making the varsity team in basketball at
4 Xaverian High School and having his sons either in
5 college or a graduate thereof; and
6 Whereas: Because of the success of
7 his sons in sports, Russell started coaching
8 basketball teams in the community, which eventually
9 developed into starting a not-for-profit corporation
10 to manage an eight basketball team league and that
11 sends teams to tournaments all over the City, and
12 which also provides encouragement and assistance to
13 participants to attend college to further their
14 education, giving them a better chance to have
15 productive lives; and
16 Whereas: Through this basketball
17 league many of the neighborhood youth have a place
18 to enjoy sports, learn to respect each other and
19 work together as part of a team, look forward to
20 attending college and obtaining a good job, all
21 while avoiding drugs, gangs and violence; now,
22 therefore,
23 Be It Known: That the Council of the
24 City of New York honors RUSSELL BOMAR for his
25 exceptional service to the well being of the City in
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2 general and the youth of the Flatlands community in
3 particular.
4 Signed this 6th day of November in
5 the year Two Thousand and Three, Gifford Miller,
6 Speaker for the Entire Council; Kendall Stewart,
7 Council Member, 45th District.
8 MR. BOMAR: I have Russell, Jr., I
9 have Neal and I have Chris. I have my, this is Jean
10 Joseph, very helpful to me. She's another lady that,
11 she's the greatest, Dr. Jean Charles, okay? I have
12 my daughter-in-law to be. She is right there. I'm
13 sorry, I'm kind of tongue-tied. That is Cathy
14 Enriques. This is my Goddaughter, Nilda Nuese. Great
15 young lady. She's a scholar. She's also a teacher.
16 She does speech therapy, she does everything.
17 This is my grand baby. My first.
18 Thank you all very much. I'm so
19 honored to be in this historic site, accepting this.
20 And thank you, Speaker.
21 SPEAKER MILLER: Thank you, Mr. Bomar.
22 Thank you so much. Thank you, all, for being here.
23 Congratulations. Congratulations. Thank you.
24 Council Member Christine Quinn.
25 Council Member Quinn has brought a special guest.
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2 Council Member Quinn, would you like to introduce
3 your special guest?
4 COUNCIL MEMBER QUINN: Sure.
5 SPEAKER MILLER: Sure. Here she is.
6 COUNCIL MEMBER QUINN: Our special
7 guest is David Lehman of the American Cancer
8 Society, and I'm sure many of us recognize David
9 because he's been a little bit of a fixture around
10 City Hall over the past few years advocating for
11 important legislation and funding priorities to help
12 deal with lung cancer and breast cancer, childhood
13 obesity and other health-related issues, and David
14 is retiring, believe it or not, and we at the
15 Council wanted to make sure we said we're going to
16 miss you, but mostly to thank you for all your great
17 work and helping guide us and move us forward to
18 make sure we're doing everything we can on the
19 Council to address the really horrible crisis of
20 cancer and health-related concerns in this City.
21 So, thank you, and you have a great
22 retirement.
23 SPEAKER MILLER: If the clerk could
24 read the proclamation.
25 CITY CLERK ROBLES: Council, City of
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2 New York, Proclamation.
3 Whereas: The Council of the City of
4 New York is pleased and proud to honor David Lehmann
5 for his distinguished service to the City and the
6 community; and
7 Whereas: WE are a City made strong by
8 the efforts of individuals and organizations who
9 give exemplary service to the community, whether
10 through participation in volunteer programs, through
11 unique personal achievement in their professional or
12 other endeavors, or through a lifetime of good
13 citizenry; and
14 Whereas: David Lehmann is one such
15 individual and exemplified all that is best in
16 people: abundant generosity and compassion; selfless
17 dedications; the development of one's intellect,
18 spirit and talents to help nurture and educate
19 others; and a commitment to the values and issues
20 that most forcefully strengthen community bonds; and
21 Whereas: David Lehmann is retiring
22 from a distinguished and highly worthwhile career
23 with the American Cancer Society; he joined the
24 organization's National Office in 1984 as a news
25 editor four years later he left this position to
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2 become the director of public relations in the
3 Society's New York City office; and
4 Whereas: In 1991, David moved on to
5 serve as director of the American Cancer Society's
6 education department, where one of his finest
7 contributions to the organization was the
8 development of an advocacy department; and
9 Whereas: During his tenure as
10 regional advocacy director, David worked to increase
11 funding for breast, colon, and prostate cancer
12 programs, and programs to help New Yorkers quit
13 smoking; and
14 Whereas: The proudest moment of
15 David's rich career was the passage of New York
16 City's Smoke-Free Workplace Act of 2002, a piece of
17 legislation that he helped develop; and
18 Whereas: David Lehmann's dedication
19 to and concern for the community has been both
20 admirable and instructive; he has truly enriched us
21 with his presence and it is with the deepest
22 gratitude of this legislative body that we honor him
23 today; now, therefore
24 Be It Known: That the Council of the
25 City of New York most gratefully honors DAVID
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2 LEHMANN for his distinguished service to the City
3 and the community.
4 Signed this 15th day of December in
5 the year Two Thousand and Three, Gifford Miller,
6 Speaker for the Entire Council; Christine Quinn,
7 Council Member, 3rd District, Manhattan.
8 SPEAKER MILLER: Thank you, Mr. Clerk.
9 We're very honored to have you here
10 with us. We thank you for all your work on behalf of
11 the City of New York. We'd love it if you would say
12 a few words.
13 MR. LEHMANN: I will keep this short
14 but sweet. I've always been a behind the scenes sort
15 of guy, and I just want to say it has been such a
16 privilege and an honor to work with the Speaker,
17 Council Member Quinn. She is an amazing advocate for
18 cancer control, and actually if you go back to the
19 Health Committee Chairmanship of Victor Robles, so I
20 just want to thank the Council for their support of
21 cancer control.
22 The American Cancer Society has not
23 had advocacy in their mission statement for all that
24 long. I actually go back much further than the
25 advocacy, it was put in the mission statement of our
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2 organization, and I'm proud now to say that I'm a
3 lobbyist for special interest, and I'm a lobbyist
4 for cancer control, and all of you have been such
5 remarkable partners in that process, and I thank
6 each and every one of you. It's just a privilege to
7 be here today. Thank you so much.
8 SPEAKER MILLER: Thank you. And
9 congratulations and best of luck to you.
10 Council Member Dennis Gallagher, and
11 also Council Member Melinda Katz.
12 Council Member Gallagher.
13 COUNCIL MEMBER GALLAGHER: Thank you,
14 Mr. Speaker. Thank you, Council Member Katz.
15 Today we're very pleased to be joined
16 by two folks that represent the communities that
17 Melinda and I share and one is Henry Lippe, the
18 other one is Pat Toro. Both are Vietnam veterans,
19 were very active and involved in community service
20 and we ask you to please come forward.
21 Both these individuals give a
22 tremendous amount of their time and energy
23 throughout the community performing countless hours
24 of community service, whether it be through the
25 Vietnam Veterans Chapter 132 or also from the
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2 American Legion where Henry has served as President.
3 He's been a drug and alcohol counselor for 33 years,
4 both have really done tremendous amounts for the
5 City of New York.
6 I'd like to ask my colleague Council
7 Member Katz to say a few words.
8 COUNCIL MEMBER KATZ: Just on behalf
9 of the Queens Delegation, the entire New York City
10 Council, and, of course, the Speaker, who brought
11 the Proclamation as well, Dennis and I just want to
12 congratulate both of you for the hard work you do.
13 These guys are in the trenches making
14 sure that Veterans, Vietnam Veterans and all
15 Veterans get the services that they deserve for
16 fighting for our country and this is just a very,
17 very small token of our gratitude that we can bestow
18 upon you today on behalf of the Council. Thank you
19 for your work.
20 SPEAKER MILLER: Thank you. If the
21 clerk could read the proclamation.
22 CITY CLERK ROBLES: The Council, City
23 of New York, Proclamation.
24 Whereas: Every citizen of the United
25 States owes respect to those who have showed the
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2 courage and selflessness at times when our nation
3 was fighting to advance the democratic freedoms that
4 we now enjoy; and
5 Whereas: Much of our success as a
6 nation - much of the peace and prosperity we take
7 for granted - is due in large measure to the
8 hard-fought success of our fighting forces, men of
9 remarkable strength and character whose tremendous
10 sacrifices helped shape the modern world,
11 individuals whose legacy has ensured the safety,
12 progress and prosperity of our country for
13 generations to come; and
14 Whereas: Henry Lippe has served two
15 tours in Vietnam as an advisor and then with the
16 12th Marines, 3rd Marine Division, and 3rd Marine
17 Amphibious Force; and
18 Whereas: Thereafter, Henry has served
19 33 years as a Veterans Drug and Alcohol Advisor,
20 Commander or American Legion Post 1815, Chairman of
21 Allied Veterans of Ridgewood and Glendale and
22 Commander of the 7th Division Kings County American
23 Legion; and
24 Whereas: As a nation, we owe a
25 tremendous debt of gratitude to Henry Lippe and to
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2 all veterans who have fought so valiantly to
3 preserve democratic principles of freedom the world
4 over; now, therefore
5 Be It Known: That the Council of the
6 City of New York honors and commends HENRY LIPPE for
7 his exceptional service to our nation during the
8 Vietnam conflict.
9 Signed this 15th day of December in
10 the year Two Thousand and Three, Dennis Gallagher,
11 Minority Whip, Council Member 30th District; Melinda
12 Katz, Council Member, 29th District, Queens; and
13 Gifford Miller, Speaker for the Entire Council.
14 Proclamation.
15 Whereas: The Council of the City of
16 New York is pleased and proud to honor Pastor Toro,
17 Jr. for the exceptional service and sacrifice he has
18 provided to our country during the war in Vietnam;
19 and
20 Whereas: Much of our success as a
21 nation - much of the peace and prosperity we take
22 for granted - is due in large measure to the
23 hard-fought success of our fighting forces, men and
24 women of remarkable strength and character whose
25 tremendous sacrifices helped shape the modern world,
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2 individuals whose legacy has ensured the safety,
3 progress and prosperity of our country for
4 generations to come; and
5 Whereas: Today, we are joined by
6 veterans from all walks of life, we remember with
7 special gratitude the sacrifices these men and women
8 have made in defending the principles of freedom
9 that have made our country great; and
10 Whereas: Pastor Toro, Jr. is one such
11 individual: a true military hero, a Marine veteran
12 who completed his tour of duty in 1971; his military
13 decorations include: National Defense Ribbon; Good
14 Conduct Medal; Vietnam Campaign with Date Nedal;
15 Vietnam Service Medal with four stars; Vietnam Cross
16 of Gallantry with Palm; Vietnam Civil Action Medal;
17 New York State Medal for Merit; New York State
18 Conspicuous Service Star; and
19 Whereas: Pastor Toro Jr. did not
20 cease serving his country and community; upon his
21 return, he dedicated 20 years to law enforcement, 13
22 of which was devoted to being a Port Authority of
23 N.Y. And N.J. Police Detective, where he had a
24 distinguished and stellar career; and
25 Whereas: Always dedicated to the
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2 Marines, Pastor Toro Jr. devotes much of his time to
3 the Vietnam Veterans of America, Local Chapter #32;
4 he has devoted so much of his time and strength to
5 this organization and has helped create a sanctuary
6 for our nation's war heroes and their families;
7 Whereas: As a member of the United
8 States Armed Forces, Pastor Toro Jr. has risked his
9 life to defend liberty, justice and democracy,
10 values all Americans hold dear, and for that he
11 deserves the unwavering support, appreciation and
12 gratitude of all New Yorkers and all Americans; and
13 Whereas: As a nation, we owe a
14 tremendous debt of gratitude to all veterans who
15 have fought so valiantly to preserve democratic
16 principles of freedom the world over; now,
17 therefore,
18 Be It Known: That the Council of the
19 City of New York is proud to honor PASTOR TORO JR.
20 for his exceptional service to our nation.
21 Signed this 15th day of December in
22 the year Two Thousand and Three, Gifford Miller,
23 Speaker for the Entire Council; Dennis Gallagher,
24 Minority Whip, Council Member 30th District, Queens;
25 and Melinda Katz, Council Member, 29th District,
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2 Queens.
3 SPEAKER MILLER: Gentlemen, thank you
4 for your service to our City, and also, of course,
5 to our country. We would be honored if you would say
6 a few words.
7 Do you want to start, Henry?
8 MR. LIPPE: Just on behalf of all
9 veterans, I accept this award, and for those that
10 couldn't come home. Thank you.
11 PASTOR TORO: I share Henry's feelings
12 and thoughts, and on behalf of all my members,
13 Vietnam Veterans of American, Chapter 32 in Queens,
14 I would not be standing here if it wasn't for their
15 support for me as President, and on behalf of
16 everybody, like I've always liked to say, that it
17 doesn't matter anymore, okay, what you felt about
18 the Vietnam War, just respect the veterans who
19 fought that war. Because we're still here today.
20 Thank you.
21 SPEAKER MILLER: Thank you, gentlemen.
22 Thank you.
23 Council Member Boyland.
24 COUNCIL MEMBER BOYLAND: Good
25 afternoon.
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2 UN has estimated that by the end of
3 the year, 3 million will have died from AIDS, and 5
4 million more infected.
5 As the Chair of the Women's Issues
6 Committee, I have had the opportunity to listen to
7 the individual stories of many men, women and
8 children who have been affected by this disease.
9 Overcoming obstacles and rising to
10 the challenges of life is an attribute that I
11 admire, and those qualities evident in today's
12 honoree Maria Davis.
13 Maria grew up in the South Bronx, the
14 oldest of six children, in the Mott Haven Projects.
15 She has served as a pioneering presence in the
16 modeling and entertainment industry for decades now.
17 However, I know Maria best for her
18 work in promoting AIDS awareness.
19 I first met Maria at a function at
20 the UN where she was trying to raise awareness for
21 the AIDS epidemic in Swazi Land. I also know Maria
22 sponsored and served as a spokesperson on HIV
23 awareness issues for the organizations such as Life
24 Beat, The Music Industry Fights AIDS and BET Rap it
25 Up Community Service Outreach, while appearing on
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2 innumerous amounts of television and radio shows to
3 increase our understanding of HIV and AIDS
4 awareness.
5 This is with deep appreciation and a
6 sense of pride that I commend Maria Davis for the
7 examples she has set for all of us.
8 Thank you, ladies and gentlemen. I
9 now give you Maria Davis.
10 SPEAKER MILLER: If the Clerk will
11 read the proclamation.
12 CITY CLERK ROBLES: The Council, City
13 of New York, Proclamation.
14 Whereas: The Council of the City of
15 New York is pleased and proud to honor Maria Davis
16 for her unique contribution to the City and the
17 community; and
18 Whereas: WE are a City made strong by
19 the efforts of individuals who give exemplary
20 service to their community through participation in
21 volunteer programs, personal achievement in their
22 professional and other endeavors and a life's work
23 of civic commitment; and
24 Whereas: Maria Davis is one such
25 individual who, as an activist for AIDS/HIV
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2 awareness, and as a volunteer for several AIDS
3 organizations, was responsible for raising thousands
4 of dollars for promoting awareness and medical
5 research; and
6 Whereas: A woman of exceptional
7 vision and intelligence, Maria Davis has developed
8 and implemented several educational programs to
9 foster HIV/AIDS awareness and sensitivity that have
10 had a special impact on teachers, healthcare
11 workers, clergy, men, women and children in New York
12 City; and
13 Whereas: Ms. Davis has also become a
14 media spokesperson on HIV/AIDS awareness issues for
15 such organizations as Life Beat: The Music Industry
16 Fights AIDS and BET Rap it Up Community Service
17 Outreach and has appeared on music television,
18 popular radio stations and has shared her personal
19 struggle with HIV in a Book, Souls of My Sisters,
20 while also winning several awards, including the
21 2002 New York Urban League Building Brick Award, the
22 2002 Women in Hip-Hop Award and the 2003 CBS Channel
23 2 Fulfilling the Dream Award; and
24 Whereas: After completing her career
25 as a professional model, Ms. Davis launched her own
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2 talent showcase, M.A.D. Wednesday's, to provide a
3 musical outlet for young urban artists in New York
4 and has continued to us urban talent and public
5 venues to spread the message of health education;
6 and
7 Whereas: Ms. Davis has been an active
8 community member throughout her teaching career of
9 33 years and has graciously volunteered her time and
10 expertise to a number of organizations and efforts
11 involving HIV/AIDS awareness;
12 Whereas: It is with deep appreciation
13 and a tremendous sense of pride that we recognize
14 Maria Davis; we are truly enriched by her presence
15 and commend her for the important contributions she
16 has made to the life of our City; now, therefore
17 Be It Known: That the Council of the
18 City of New York most gratefully honors MARIA DAVIS
19 for her extraordinary contribution to the City and
20 the community.
21 Signed this 15th day of December in
22 the year Two Thousand and Three, Gifford Miller,
23 Speaker for the Entire Council; Tracy Boyland,
24 Council Member, 41st District, Brooklyn.
25 SPEAKER MILLER: Maria, we're very
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2 honored to have you here with us, and thank you for
3 all of your service to our City and our country and
4 the world. And we'd be appreciative if you'd say a
5 few words.
6 MS. DAVIS: Don't say that to me,
7 because I can go on forever.
8 But first and foremost, Mr. Perkins
9 don't remember me on the corner of 116th Street
10 trying to give him a flyer to my R&B Against AIDS,
11 telling him I lived in the minority task force
12 building that he helped put up.
13 But first and foremost, all of you
14 people just moving around, I want your attention for
15 a second. I know you have to go on today with your
16 paperwork, but I want all of you to be mindful, this
17 is the holiday Christmas season, and as we do our
18 paperwork and think about school and our MA and our
19 BAs and PhDs, the most important thing is life and
20 human beings. And we wouldn't all be here if it
21 wasn't for the grace of God and his mercy on all of
22 us, and we all need to be mindful of that when we're
23 working out these bills down here, HIV/AIDS services
24 have been cut a lot, and I have the AIDS virus, and
25 there are people suffering. I'm very fortunate to
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1 STATED COUNCIL MEETING
2 have all my friends and family and health providers
3 and different people here who helped me get back to
4 the health. I was 96 pounds and I couldn't walk. It
5 might not mean nothing to you, but it means a whole
6 great deal to me, that I have people that love me.
7 And it's very important that we have our health care
8 providers, very important that we have our nurses,
9 very important that we have our doctors. The pencil
10 and the papers don't mean anything. It's the love
11 and caring of another human being that means the
12 most.
13 Please, if you haven't been to the
14 hospital to visit someone with the AIDS virus, go
15 and visit. Read a story. Cook a meal. It doesn't
16 cost much, just your heart.
17 God bless you, and please support me
18 in my R&B against AIDS on Wednesday, December 17th,
19 at Soul Cafe.
20 SPEAKER MILLER: All right, Bill, make
21 a note.
22 Thank you. Congratulations.
23 MS. DAVIS: These pictures here, I am
24 in the City. Where is Chris Miller? A participant in
25 the book, the special book that's coming out in
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2 April, of 80 of us that have the AIDS virus, and it
3 tells our life story. So, please support it. And I'm
4 so grateful that Christopher Miller, he's a blessing
5 over at the City Hall in the AIDS Task Force. God
6 bless you.
7 SPEAKER MILLER: Thank you.
8 Council Member Yvette Clarke.
9 Council Member Clarke has a special
10 guest here. It's our last ceremonial. Council Member
11 Clarke, would you like to bring --
12 COUNCIL MEMBER CLARKE: I'd like to
13 ask Autum Ashante to come forward at this time.
14 Brother Ashante.
15 Ladies and gentlemen, I'm presenting
16 to you a pre-Quanza gift. This is the holiday
17 season, and we have one of the most precious young
18 talents that this world has ever known.
19 I want you to sit back a moment.
20 Brother Ashante has joined us. He is a single parent
21 who has raised Autum. We're going to read to you a
22 bit about her background, but she is here to give
23 you a very special Quanza treat.
24 SPEAKER MILLER: If the clerk could
25 read the proclamation.
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2 CITY CLERK ROBLES: The Council, City
3 of New York, Proclamation.
4 Whereas: The Council of the City of
5 New York is pleased and proud to honor Autum Ashante
6 and acknowledge her invaluable contributions to the
7 City; and
8 Whereas: Autum Ashante, at only five
9 years old, has set her mark on the world with her
10 remarkable ability to convey the art form of spoken
11 word poetry; and she conveys the spoken word in the
12 languages of Arabic, Swahili, Spanish and English,
13 with such fluency that amazes anyone who sees her
14 perform; and
15 Whereas: Autum Ashante has performed
16 for audiences at venues across the nation, including
17 the Nuyorican Poets Cafe, NY; the Carolines Comedy
18 Club, NY; the Cotton Club, LA; BET's "Rap It Up";
19 Russell Simmons' Phat Farm Fashion Show; and Steve
20 Harvey's "Big Time", and
21 Whereas: Autum Ashante, under the
22 tutelage of her proud father, Brother Ashante, has
23 been received as a rising star in the
24 African-American community; and while she displays a
25 passion for spoken word, Autum also aspires to
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2 become a school teacher; and Autum enjoys bike
3 riding, soccer, swimming, movies and dance; and
4 Whereas: Autumn Ashante continues to
5 inspire her peers, as well as adults throughout the
6 community, while also demonstrating the power of a
7 father's love, the importance of education and the
8 limitless boundaries of the human mind; now,
9 therefore
10 Be It Known: That the Council of the
11 City of New York honors AUTUM ASHANTE.
12 Signed this 15th day of December in
13 the year Two Thousand and Three, Gifford Miller,
14 Speaker for the Entire Council; Yvette D. Clarke,
15 Council Member 40th District, Brooklyn.
16 SPEAKER MILLER: Autum, we're honored
17 to have you here with us. We'd love it if you'd say
18 a few words.
19 AUTUM: Thank you. I'm going to do one
20 poem. First I'm going to do it in Swahili. (In
21 Swahili.)
22 Now I'm going to do it in Arabic. (In
23 Arabic.)
24 I'm going to do it in English.
25 Masterpieces.
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2 Asking all to be the masterpiece
3 where the masterpiece like wearing a coat, I want
4 all to know that with love, all will grow;
5 The masterpiece like this piece of
6 African fabric wrapped around me, unity is
7 positivity; positivity is love; love is lifeforce
8 energy; so release it and you will all fly like
9 doves.
10 Where the masterpiece has certain
11 knowledge, like a comfortable pair of shoes, tell
12 all our people the good news;
13 Divine energy exist in everybody,
14 everything and everywhere, in the earth, water, fire
15 and air;
16 Divine energy exists in everybody,
17 everything and everywhere, in the earth, water, fire
18 and air; in the flowers, trees and musical beats, in
19 gardens, at beaches, in walking and dancing, where
20 the master of peace like a peacock wears its
21 feathers, like a giraffe wears its long neck, like a
22 Queen wears her coat,
23 Masterpieces like John Beggers,
24 Elizabeth Katz and Lois Malloy, be the masterpiece
25 of your own destiny; grab each other's hands in real
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2 unity. I am a masterpiece for all to see; you are a
3 masterpiece for all to see;
4 I am a masterpiece for all to see;
5 you are a masterpiece for all to see - peace, love
6 and light.
7 SPEAKER MILLER: Wow. No one is
8 following that. Thank you all. Thank you.
9 COUNCIL MEMBER RIVERA: Will the
10 Stated Meeting of December 15th, 2003, please come
11 to order.
12 Roll call, please.
13 CITY CLERK ROBLES: Addabbo.
14 COUNCIL MEMBER ADDABBO: Here.
15 CITY CLERK ROBLES: Avella.
16 COUNCIL MEMBER AVELLA: Here.
17 CITY CLERK ROBLES: Baez.
18 COUNCIL MEMBER BAEZ: Here.
19 CITY CLERK ROBLES: Barron.
20 COUNCIL MEMBER BARRON: Here.
21 CITY CLERK ROBLES: Boyland.
22 COUNCIL MEMBER BOYLAND: Here.
23 CITY CLERK ROBLES: Brewer.
24 COUNCIL MEMBER BREWER: Here.
25 CITY CLERK ROBLES: Clarke.
29
1 STATED COUNCIL MEETING
2 COUNCIL MEMBER CLARKE: Present.
3 CITY CLERK ROBLES: Comrie.
4 COUNCIL MEMBER COMRIE: Here.
5 CITY CLERK ROBLES: DeBlasio.
6 COUNCIL MEMBER DEBLASIO: Here.
7 CITY CLERK ROBLES: Dilan.
8 COUNCIL MEMBER DILAN: Here.
9 CITY CLERK ROBLES: Espada.
10 (No response.)
11 CITY CLERK ROBLES: Felder.
12 COUNCIL MEMBER FELDER: Here.
13 CITY CLERK ROBLES: Fidler.
14 COUNCIL MEMBER FIDLER: Here.
15 CITY CLERK ROBLES: Foster.
16 COUNCIL MEMBER FOSTER: Here.
17 CITY CLERK ROBLES: Gallagher.
18 COUNCIL MEMBER GALLAGHER: Here.
19 CITY CLERK ROBLES: Gennaro.
20 COUNCIL MEMBER GENNARO: Here.
21 CITY CLERK ROBLES: Gentile.
22 COUNCIL MEMBER GENTILE: Here.
23 CITY CLERK ROBLES: Gerson.
24 COUNCIL MEMBER GERSON: Here.
25 CITY CLERK ROBLES: Gioia.
30
1 STATED COUNCIL MEETING
2 COUNCIL MEMBER GIOIA: Here.
3 CITY CLERK ROBLES: Gonzalez.
4 COUNCIL MEMBER GONZALEZ: Here.
5 CITY CLERK ROBLES: Jackson.
6 COUNCIL MEMBER JACKSON: Here.
7 CITY CLERK ROBLES: James.
8 COUNCIL MEMBER JAMES: Here.
9 CITY CLERK ROBLES: Jennings.
10 COUNCIL MEMBER JENNINGS: Here.
11 CITY CLERK ROBLES: Katz.
12 COUNCIL MEMBER KATZ: Here.
13 CITY CLERK ROBLES: Koppell.
14 COUNCIL MEMBER KOPPELL: Here.
15 CITY CLERK ROBLES: Lanza.
16 COUNCIL MEMBER LANZA: Here.
17 CITY CLERK ROBLES: Liu.
18 COUNCIL MEMBER LIU: Here.
19 CITY CLERK ROBLES: Lopez.
20 COUNCIL MEMBER LOPEZ: Here.
21 CITY CLERK ROBLES: Martinez.
22 COUNCIL MEMBER MARTINEZ: Here.
23 CITY CLERK ROBLES: McMahon.
24 COUNCIL MEMBER McMAHON: Here.
25 CITY CLERK ROBLES: Monserrate.
31
1 STATED COUNCIL MEETING
2 COUNCIL MEMBER MONSERRATE: Here.
3 CITY CLERK ROBLES: Moskowitz.
4 COUNCIL MEMBER MOSKOWITZ: Here.
5 CITY CLERK ROBLES: Nelson.
6 COUNCIL MEMBER NELSON: Here.
7 CITY CLERK ROBLES: Perkins.
8 COUNCIL MEMBER PERKINS: Here.
9 CITY CLERK ROBLES: Provenzano.
10 COUNCIL MEMBER PROVENZANO: Here.
11 CITY CLERK ROBLES: Quinn.
12 COUNCIL MEMBER QUINN: Here.
13 CITY CLERK ROBLES: Recchia.
14 COUNCIL MEMBER RECCHIA: Here.
15 CITY CLERK ROBLES: Reed.
16 COUNCIL MEMBER REED: Here.
17 CITY CLERK ROBLES: Reyna.
18 COUNCIL MEMBER REYNA: Present.
19 CITY CLERK ROBLES: Sanders.
20 COUNCIL MEMBER SANDERS: Here.
21 CITY CLERK ROBLES: Seabrook.
22 COUNCIL MEMBER SEABROOK: Here.
23 CITY CLERK ROBLES: Sears.
24 COUNCIL MEMBER SEARS: Here.
25 CITY CLERK ROBLES: Serrano.
32
1 STATED COUNCIL MEETING
2 COUNCIL MEMBER SERRANO: Here.
3 CITY CLERK ROBLES: Stewart.
4 COUNCIL MEMBER STEWART: Here.
5 CITY CLERK ROBLES: Vallone.
6 COUNCIL MEMBER VALLONE: Here.
7 CITY CLERK ROBLES: Vann.
8 COUNCIL MEMBER VANN: Here.
9 CITY CLERK ROBLES: Weprin.
10 COUNCIL MEMBER WEPRIN: Here.
11 CITY CLERK ROBLES: Yassky.
12 COUNCIL MEMBER YASSKY: Here.
13 CITY CLERK ROBLES: Oddo.
14 COUNCIL MEMBER ODDO: Here.
15 CITY CLERK ROBLES: Rivera.
16 COUNCIL MEMBER RIVERA: Here.
17 CITY CLERK ROBLES: Speaker Miller.
18 SPEAKER MILLER: Here.
19 COUNCIL MEMBER RIVERA: A quorum is
20 present. Members, please rise for the invocation
21 being delivered by Father James P. Hayes of St.
22 Andrews R.C. Church. Cardinal Hayes.
23 REV. HAYES: God our creator.
24 Throughout time and history you have
25 chosen stewards, guardians of the public trust,
33
1 STATED COUNCIL MEETING
2 leaders of this great City.
3 We gather here in this City Council
4 Chamber, we stop and pay attention to our common
5 vocation, as stewards of this City and guardians of
6 the trust, those dedicated to public service.
7 We stand as members of this City
8 Council. We come this day on the eve of religious
9 celebrations, holidays and sacred seasons and the
10 beginning of a New Year.
11 We gather this day in this most
12 historic Chamber, as members of this City Council.
13 We seek guidance, courage and wisdom.
14 As members of this City Council we
15 stand in the spirit of unity to discuss and vote on
16 proposals, issues and concerns that will enhance the
17 quality of life for all.
18 Inspire these members of this Council
19 to administer their office in righteousness. Let
20 them encourage due respect for all life and
21 diversity, and as they administer their office, let
22 a spirit of right judgement speak to their heart.
23 As members of this City Council, we
24 stand in the Spirit of Gratitude, a gratitude for
25 all the gifts and talents bestowed upon each and
34
1 STATED COUNCIL MEETING
2 every one gathered here this day.
3 Let this gratitude also be tempered
4 by a Spirit of Compassion so that we, as the
5 stewards and guardians of the City, may reach out to
6 all in need.
7 Assist these guardians gathered here
8 this day with counsel, inner fortitude, and a
9 healing spirit.
10 Guide these men and women as they
11 strive to foster political and civic reform.
12 May they find that inner strength and
13 wisdom to discharge their office with honesty and
14 ability.
15 As members of this City Council, we
16 stand in the Spirit of Courage, as the stewards and
17 guardians of this City, vote and discern, we ask for
18 guidance in all our deliberations. Let all of our
19 legislation become the foundation of order, rule and
20 good government.
21 May that same spirit of courage guide
22 our decisions - mindful always that justice and
23 peace act as our inner guide.
24 As members of this City Council, we
25 stand with our heads bowed and hearts open.
35
1 STATED COUNCIL MEETING
2 Give us strength. Guide us by inner
3 wisdom, and let the spirits of unity, gratitude and
4 courage be with us this day.
5 Let us all respond in one voice and
6 speak as guardians, servants and stewards of this
7 great City by saying amen.
8 COUNCIL MEMBER RIVERA: Thank you very
9 much, Father.
10 Council Member Jackson.
11 COUNCIL MEMBER JACKSON: Yes, I make a
12 motion to spread the invocation in full upon the
13 record by members of the City Council.
14 COUNCIL MEMBER RIVERA: Adoption of
15 the minutes.
16 COUNCIL CLERK CHERRY: None.
17 COUNCIL MEMBER RIVERA: Messages and
18 Papers from the Mayor.
19 COUNCIL CLERK CHERRY: M 818.
20 SPEAKER MILLER: Finance.
21 COUNCIL CLERK CHERRY: M 819.
22 SPEAKER MILLER: Received, ordered,
23 printed and filed.
24 COUNCIL MEMBER RIVERA: Communications
25 from City, County and Borough Offices.
36
1 STATED COUNCIL MEETING
2 COUNCIL CLERK CHERRY: M 820. From
3 page one, through M 826 on page two.
4 SPEAKER MILLER: All referred to the
5 Committee on Transportation.
6 COUNCIL MEMBER RIVERA: Petitions and
7 Communications.
8 COUNCIL CLERK CHERRY: None.
9 COUNCIL MEMBER RIVERA: Land Use
10 Call-Ups.
11 COUNCIL CLERK CHERRY: M-827 on page
12 two through M 833 on page three.
13 SPEAKER MILLER: All coupled on a
14 call-up vote.
15 I just want to ask the clerk to call
16 the roll on all items coupled on the Call-Up vote.
17 COUNCIL CLERK: Addabbo.
18 COUNCIL MEMBER ADDABBO: Aye.
19 COUNCIL CLERK: Avella.
20 COUNCIL MEMBER AVELLA: Aye.
21 COUNCIL CLERK: Baez.
22 COUNCIL MEMBER BAEZ: Aye.
23 COUNCIL CLERK: Barron.
24 COUNCIL MEMBER BARRON: Aye on all.
25 COUNCIL CLERK: Boyland.
37
1 STATED COUNCIL MEETING
2 COUNCIL MEMBER BOYLAND: Aye on all.
3 COUNCIL CLERK: Brewer.
4 COUNCIL MEMBER BREWER: Aye on all.
5 COUNCIL CLERK: Clarke.
6 COUNCIL MEMBER CLARKE: Aye on all.
7 COUNCIL CLERK: Comrie.
8 (No response.)
9 COUNCIL CLERK: DeBlasio.
10 COUNCIL MEMBER DEBLASIO: Aye on all.
11 COUNCIL CLERK: Dilan.
12 (No response.)
13 COUNCIL CLERK: Felder.
14 COUNCIL MEMBER FELDER: Aye.
15 COUNCIL CLERK: Fidler.
16 COUNCIL MEMBER FIDLER: Aye.
17 COUNCIL CLERK: Foster.
18 COUNCIL MEMBER FOSTER: Aye.
19 COUNCIL CLERK: Gallagher.
20 COUNCIL MEMBER GALLAGHER: Aye.
21 COUNCIL CLERK: Gennaro.
22 COUNCIL MEMBER GENNARO: Aye.
23 COUNCIL CLERK: Gentile.
24 (No response.)
25 COUNCIL CLERK: Gerson.
38
1 STATED COUNCIL MEETING
2 (No response.)
3 COUNCIL CLERK: Gonzalez.
4 COUNCIL MEMBER GONZALEZ: Aye on all.
5 COUNCIL CLERK: James.
6 COUNCIL MEMBER JAMES: Aye on all.
7 COUNCIL CLERK: Jackson.
8 COUNCIL MEMBER JACKSON: Aye on all.
9 COUNCIL CLERK: Jennings.
10 COUNCIL MEMBER JENNINGS: Aye on all.
11 COUNCIL CLERK: Katz.
12 COUNCIL MEMBER KATZ: Aye on all.
13 COUNCIL CLERK: Koppell.
14 (No response.)
15 COUNCIL CLERK: Liu.
16 COUNCIL MEMBER LIU: Yes.
17 COUNCIL CLERK: Lopez.
18 COUNCIL MEMBER LOPEZ: Aye on all.
19 COUNCIL CLERK: Martinez.
20 (No response.)
21 COUNCIL CLERK: McMahon.
22 COUNCIL MEMBER McMAHON: Aye on all.
23 COUNCIL CLERK: Monserrate.
24 COUNCIL MEMBER MONSERRATE: Aye on
25 all.
39
1 STATED COUNCIL MEETING
2 COUNCIL CLERK: Nelson.
3 COUNCIL MEMBER NELSON: Aye on all.
4 COUNCIL CLERK: Perkins.
5 COUNCIL MEMBER PERKINS: Aye.
6 COUNCIL CLERK: Provenzano.
7 COUNCIL MEMBER PROVENZANO: Aye.
8 COUNCIL CLERK: Quinn.
9 COUNCIL MEMBER QUINN: Aye.
10 COUNCIL CLERK: Recchia.
11 COUNCIL MEMBER RECCHIA: Here. Aye on
12 all.
13 COUNCIL CLERK: Reed.
14 COUNCIL MEMBER REED: Aye on all.
15 COUNCIL CLERK: Reyna.
16 COUNCIL MEMBER REYNA: Aye on all.
17 COUNCIL CLERK: Sanders.
18 COUNCIL MEMBER SANDERS: Aye on all.
19 COUNCIL CLERK: Seabrook.
20 (No response.)
21 COUNCIL CLERK: Sears.
22 COUNCIL MEMBER SEARS: Aye.
23 COUNCIL CLERK: Serrano.
24 COUNCIL MEMBER SERRANO: Aye.
25 COUNCIL CLERK: Stewart.
40
1 STATED COUNCIL MEETING
2 COUNCIL MEMBER STEWART: Aye.
3 COUNCIL CLERK: Vallone.
4 COUNCIL MEMBER VALLONE: Aye on all.
5 COUNCIL CLERK: Vann.
6 (No response.)
7 COUNCIL CLERK: Weprin.
8 COUNCIL MEMBER WEPRIN: Aye.
9 COUNCIL CLERK: Yassky.
10 COUNCIL MEMBER YASSKY: Aye.
11 COUNCIL CLERK: Gerson.
12 COUNCIL MEMBER GERSON: Aye on all.
13 COUNCIL CLERK: Dilan.
14 COUNCIL MEMBER DILAN: Aye on all
15 call-ups.
16 COUNCIL CLERK: Oddo.
17 COUNCIL MEMBER ODDO: Yes.
18 COUNCIL CLERK: Rivera.
19 COUNCIL MEMBER RIVERA: Aye on all.
20 We also have Oliver Koppell now
21 present as well.
22 COUNCIL CLERK: Koppell.
23 COUNCIL MEMBER KOPPELL: Aye on all.
24 COUNCIL CLERK: Speaker Miller.
25 SPEAKER MILLER: Aye.
41
1 STATED COUNCIL MEETING
2 COUNCIL MEMBER RIVERA: Communication
3 from the Speaker.
4 SPEAKER MILLER: There's a number of
5 things I want to impart with the membership, first
6 and foremost, I want to say that the electrical
7 code, which we're doing today, is extremely weighty
8 and heavy and large, and so copies are available in
9 room five and all of the members should know that.
10 We are doing a number of important
11 things today, and one in particular I want to draw
12 the attention to my colleagues, and that is that we
13 are today passing the most thoughtful, effective and
14 forceable piece of lead paint legislation in the
15 country, in my view.
16 The reality is that thousands of our
17 children every year have their futures ruined and
18 their families have to experience the extraordinary,
19 extraordinary pain of seeing a child poisoned by
20 lead.
21 Today this Council will pass a piece
22 of legislation that will set us on the track to
23 making this City finally safe for all of the
24 children in the City of New York.
25 This piece of legislation goes
42
1 STATED COUNCIL MEETING
2 straight to the heart of the matter by setting
3 clear, responsible, nationally recognized
4 environmental standards that protect children.
5 It focuses the cost of this
6 legislation on the communities that are particularly
7 affected and on the children who can be prevented
8 from being lead poisoned in the first place.
9 It is the product of hours and hours
10 and days and even months and years of work, and I
11 want to salute all of the advocates, the people,
12 particularly I want to salute the victims who in the
13 face of great despair stood up and worked hard to
14 bring us to this point so that future children would
15 not be poisoned and have their lives and their hopes
16 taken from them.
17 This is an important moment.
18 And I want to say to my colleagues
19 who worked so hard to bring us here, that I am
20 grateful for all of the give and take, for all of
21 the work that went into this legislation, I think
22 the Administration should be proud of this bill,
23 because they made a number of suggestions that we
24 adopted in order to make it more effective, and more
25 enforceable.
43
1 STATED COUNCIL MEETING
2 But we have reached a point with this
3 legislation in which it can no longer get any
4 better. All we can do is weaken its effect in
5 protecting children, and we will not do that. We
6 will not sacrifice the future of our kids.
7 And, so, I believe personally, that
8 this is the best piece of legislation that has been
9 adopted anywhere in the country, and I'm very proud
10 of this Council for coming to this point, and I
11 strongly encourage my colleagues to support it, as
12 the right measure at the right time.
13 I'd also, there are a number of other
14 important pieces of legislation that are on the
15 agenda today, we are acting to reduce particulate
16 matter and the pollution of our City, poisoning of
17 children, in particular, and a great asthma problem
18 in our City.
19 We are acting to protect victims of
20 domestic violence and for the first time in any City
21 in the country, to require employers to make
22 reasonable accommodations to protect their employees
23 who are victims of domestic violence or stalking.
24 It's the right thing to do.
25 We also have important economic
44
1 STATED COUNCIL MEETING
2 development matters that we're dealing with today,
3 and we're dealing with a lot of critical issues, and
4 we're building on a record of success, and I know
5 we're going to talk more about what this Council has
6 accomplished over the last two years at the next
7 Stated Council meeting, and I look forward to doing
8 that with my colleagues, and I just want to say that
9 it's been an extraordinary two years. We've grappled
10 with some of the most difficult issues that any City
11 has ever had to face almost anywhere in this
12 country, and we've done it together, we've done it
13 with respect for one another, and most importantly
14 we've done it with respect for the people of the
15 City of New York, and their values and their
16 priorities, and building on a legacy that this City
17 should be proud of. For 350 years this is where
18 people come because they believe in themselves and
19 they want to build in a better future for themselves
20 and their children. The work that we do today, and
21 the work that we've done every day over the last two
22 years has been to advance that. So I am proud of my
23 colleagues, and thank you for all of your support
24 and your efforts.
25 At this point I would move to
45
1 STATED COUNCIL MEETING
2 continue the discussion of general order.
3 COUNCIL MEMBER RIVERA: Thank you very
4 much.
5 Today's Land Use Call-Ups were
6 adopted by a vote of 42 in the affirmative, zero in
7 the negative.
8 Discussion of General Orders.
9 James Sanders is recognized. James
10 Sanders.
11 COUNCIL MEMBER SANDERS: Thank you
12 very much, Mr. Speaker, Council member.
13 I rise to support Intro. 431 and 597,
14 and of course to tell people about, remind you of
15 preconsidered resolution 1214.
16 These resolutions and intros have to
17 do with economic development for our City. It has to
18 do with expanding the zone where East New York and
19 Harlem Empire Zone, and that's something that we as
20 a City need to do, but it also has to do with
21 supporting and making sure that New York City stays
22 competitive in this international arena that we find
23 ourselves in. I want to thank the Committee for
24 their hard work on this.
25 And I also want to thank especially
46
1 STATED COUNCIL MEETING
2 Council Member Dilan who pointed out many things
3 that this Committee needs to go into on another day.
4 So, I'm urging everyone to support these, and we
5 will compete New York City competitive and make sure
6 all of New York shares in the bounty that is
7 created.
8 Thank you very much, Mr. Speaker.
9 COUNCIL MEMBER RIVERA: Thank you very
10 much.
11 Council Member Charles Barron.
12 COUNCIL MEMBER BARRON: Thank you very
13 much, Mr. Chair.
14 I rise on a very historic day to
15 support lead Local Law 101-A and to give to Bill
16 Perkins a big round of applause for his tireless
17 work. You did a great job. A great job.
18 (Applause.)
19 Mr. Chair, you have to stop the clock
20 on that time. That was not me speaking, so I should
21 be added another minute or two or three or four or
22 five.
23 And I also want to applaud Cordel
24 Clear. Cordel, his staff members, did a fantastic
25 job in getting us where we are today, and we had to
47
1 STATED COUNCIL MEETING
2 go through being accused of creating homelessness,
3 being accused of going against affordable housing,
4 but today we stand for our children, and eighty and
5 ninety percent of those children were children of
6 color, and it's just an honor to say that this City
7 Council is going forward to make this a lead-safe
8 environment for our children. Historic day today.
9 I also want to say that we should
10 support 100 percent Local Law 38, the Equal Access
11 Law. Equal Access Law. If those who speak limited
12 English could die in wars, pay taxes, clean our
13 homes, take care of our elderly and our youth, then
14 they should have equal access to everything that
15 everybody else has equal access to in this City.
16 Finally, I want to thank Chairman
17 Sanders of the Economic Development Committee for
18 his work on expanding the empire zone and supporting
19 that for East New York, but also I want to say I
20 want to thank him for including in addition to the
21 tax break that corporations get for providing local
22 or entry level jobs, for his support to recommend to
23 the state that we also have these corporations that
24 are getting welfare to come in and build in our
25 neighborhoods, also share the profit, profit sharing
48
1 STATED COUNCIL MEETING
2 to build up our neighborhoods and build up the
3 inner-city.
4 Thank you very much, Mr. Chair.
5 COUNCIL MEMBER RIVERA: Thank you very
6 much.
7 We have Council Member Gennaro.
8 COUNCIL MEMBER GENNARO: Thank you,
9 Mr. Acting Public Advocate.
10 I rise today to talk about three
11 bills that are coming out of the Committee on
12 Environmental Protection. One the Speaker made brief
13 reference to where we would do a bill that would
14 require the use of ultra low sulfur diesel in
15 non-road vehicles doing City construction projects,
16 sponsored by Council Member Gerson and myself.
17 Council Member Gerson was the lead, I
18 think he deserves a round of applause for his great
19 work on this bill as well.
20 It's a very broad-sweeping bill that
21 will decrease dramatically the diesel particulates,
22 it's a great thing for the City and we're going to
23 move on and do more pieces of legislation like this
24 that affect other areas of diesel pollution.
25 We're also doing two bills that have
49
1 STATED COUNCIL MEETING
2 to do with the City's community right to know law.
3 It's Intro. 585-A and Intro. 122-A, which would
4 increase the penalties of those that would violate
5 the right to know law. People who handle toxic
6 chemicals have to report these to the City's DEP up
7 until now in some sectors people had been violating
8 the law and paying the fine as a cost of doing
9 business. This will stop under Intro. 585-A. And
10 Intro. 122 would require DEP to report all of its
11 enforcement activities of the right to know law in
12 making sure that we're getting all of the
13 enforcement we need and deserve.
14 I'd like to thank the Speaker,
15 Council Member Gerson, members of my committee, all
16 my colleagues, and all the great environmental
17 advocates that supported all of these measures.
18 It's been a great two years. Thank
19 you and God bless.
20 COUNCIL MEMBER RIVERA: Council Member
21 John Liu.
22 COUNCIL MEMBER LIU: Thank you, Mr.
23 Chair.
24 My colleagues, I want to bring to
25 your attention and ask you for your support on
50
1 STATED COUNCIL MEETING
2 Intro. 38-A which is the Equal Access to Human
3 Services bill.
4 This legislation is absolutely
5 necessary. It makes sense because for a long time, a
6 large percentage of New Yorkers have been excluded
7 from City services and benefits simply because of
8 their lack of ability to speak English fluently.
9 That has to stop. It makes sense
10 because it will bring federal dollars into our City,
11 dollars that we have foregone because these people
12 have been locked out of these benefits.
13 It is the right thing to do, because
14 I have heard many of us, rightfully so, say that we
15 are in New York City the capital of the world, but I
16 have never ever heard anybody say we are New York
17 City, capital of the English-speaking world.
18 The fact is, this is a world that has
19 diversity. This is a world that speaks many
20 languages, and in New York City, if we cannot
21 provide services to all people regardless of the
22 language they speak, then we cannot claim to be the
23 capital of the world. And I want to claim that we
24 are the capital of the world. So, let's pass Intro.
25 38-A. It is a step in the right direction.
51
1 STATED COUNCIL MEETING
2 I want to thank the Speaker for his
3 support for this bill. I want to thank the work of
4 Chairman Bill DeBlasio of the General Welfare
5 Committee, and I want to thank all of my colleagues
6 in the City Council, particularly Gale Brewer, who
7 has been with me on this bill since day one.
8 And most of all, the advocates who
9 are here with us who have been there every single
10 day of this two-year process that led up to this
11 day. This is truly a historic moment and I am so
12 proud to be a member of the City Council.
13 COUNCIL MEMBER RIVERA: Council Member
14 Oddo.
15 COUNCIL MEMBER ODDO: Thank you.
16 Today's vote on Intro. 101-A ends for now the
17 legislative branch of government involvement with
18 lead. The judicial branch of government is now on a
19 clock and rest assured this bill will end up in the
20 courts.
21 Thankfully, as it winds its way
22 throughout the judicial process, lead cases in New
23 York City will continue to decrease at a rate
24 greater than the national standard.
25 Tragically, as it winds its way
52
1 STATED COUNCIL MEETING
2 through the courts, kids will still be poisoned. And
3 as our colleagues have pointed out today, and on
4 previous occasions, they'll be poisoned in
5 particular communities, mostly communities of color.
6 Moreover, today we pass a piece of
7 legislation that has unintended consequences. The
8 legal standards of liability of this bill create,
9 make it easier to sue property owners, highly
10 responsible ones. This will jeopardize the ability
11 to attain the necessary property liability insurance
12 and that all rehabilitation investors rely upon.
13 Expanding the liability to presume
14 that all pre-1960 buildings have lead paint for
15 purposes of tort law would, we believe, be
16 interpreted by insurers as providing too fertile a
17 ground for endless litigations. That's not my
18 language. That's the language of Michael D. Lappin,
19 the President of the not-for-profit Community
20 Preservation Corporation.
21 We have missed a chance to get a bill
22 that focuses the resources in the areas needed, a
23 bill that will survive legal challenges, and a bill
24 that would help our kids.
25 So, while some will move on to
53
1 STATED COUNCIL MEETING
2 Borough President and to Congress and to the
3 Mayorship, some of us will still be here in the
4 Council having to deal with lead again. I hope at
5 that opportunity we get it right, because today we
6 didn't.
7 COUNCIL MEMBER RIVERA: Councilwoman
8 Brewer.
9 COUNCIL MEMBER BREWER: Thank you very
10 much. I rise to talk about 198-A, which is the
11 electronic death registration system. I will say
12 that the purpose of this bill is to give some
13 deadline for implementation of a brand new concept
14 that means that the funeral industry, which
15 obviously has a great impact on families in this
16 City, will be mandated to follow certain guidelines
17 and time frames, will hopefully make it easier when
18 all of us die to register death certificates.
19 Many families now have to wait six
20 months, and I want to say as a technology Mayor, who
21 was terrific in implementing 311 with hundreds of
22 different variables and many agencies, I hope he
23 signs this bill when it's passed by the City
24 Council, which is just doing with one agency.
25 I want to thank certainly the
54
1 STATED COUNCIL MEETING
2 Department of Health, Steven Schwartz, Nick Noe, and
3 the many people who work here from the Speaker's
4 Office, Council Member Quinn who led it in the
5 Health Committee, the Greater New York, which
6 represents the hospitals, which is not taking the
7 position, but I appreciate their input, and of
8 course, the many small and large funeral directors.
9 I think this is an example, just as
10 the wonderful work that John Liu did with advocates
11 on 38-A where technology can lead the way for
12 actually making difference in people's lives.
13 So I hope you'll vote for it and I
14 want to commend John Liu and the many advocates, it
15 was a pleasure to work with him to make us a leader
16 in the City in terms of representing the diversity
17 in language that we are so very proud of.
18 Thank you very much.
19 COUNCIL MEMBER RIVERA: Councilwoman
20 Madeline Provenzano.
21 COUNCIL MEMBER PROVENZANO: Thank you.
22 The Housing Committee has two bills
23 before the Council today. The first is 581-A which
24 is the electrical code, and sometimes things such as
25 the electrical codes don't get the credit that they
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2 really deserve, they're kind of, you know, not sexy
3 enough for people to care a whole lot about it. But
4 it is an important piece of legislation. And it's
5 part of the ongoing process of keeping the
6 electrical code current with the advances in
7 technology.
8 Councilwoman Brewer, you'll like
9 that.
10 It will ensure that the electrical
11 work that's done in this City can be done in a safe
12 and cost effective way.
13 And we do have the new code, and if
14 you promise to read it, you can get a copy of it.
15 There are folks here that can give it out to you or
16 you can get it in room 5.
17 Secondly, the 101-A, the lead bill,
18 as Chairwoman of Housing and Buildings, I've sat
19 through many, many hours of testimony. We had I
20 think six or seven hearings on Intro. 101-A.
21 And I listened intently and I think
22 fairly patiently to all the testimony, including all
23 the changes, and there weren't many. And I sat and I
24 kind of waited to be convinced that we could do the
25 right thing with this piece of legislation.
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2 We had Intro. No. 1, we had Intro. 38
3 and now 101-A. Sometimes we hope that practice makes
4 perfect. Obviously, not always.
5 I've devoted my entire career to the
6 children of my district in this City, and I dare
7 anyone to challenge that.
8 Unfortunately, this legislation,
9 which should be all about the children, isn't. We've
10 come so far from that goal. If it were all about the
11 children, it would have been an easier lift.
12 I have some very serious concerns
13 about 101-A as it stands today.
14 First of all, I feel we should have
15 focused on the areas of the City with the greatest
16 need, and concentrated our efforts and resources and
17 dollars in those areas.
18 That would have limited the scope of
19 the bill and still accomplished what we needed to
20 do.
21 By diluting these resources Citywide,
22 we are cheating the neediest kids.
23 Secondly, I still have a problem with
24 the age of seven. It could reasonably be six or even
25 five. Every additional year costs us about four and
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2 a half million dollars.
3 And I ask your indulgence since I'm
4 talking on two bills.
5 Thirdly, I'm not an attorney, and I
6 don't speak legalees, but as I see it, the whole
7 issue of presumption is based on the premise that a
8 landlord is guilty until he can prove himself
9 innocent.
10 Last time I looked, this was still
11 America.
12 Presumption creates a whole myriad of
13 problems that are a direct hit on affordable housing
14 in this City. As Chairwoman of Housing and
15 Buildings, I have committed myself to addressing the
16 growing problem of affordable housing in all parts
17 of this City.
18 Remember, at least 66 percent of
19 housing stock in this city is pre-1960s, and that is
20 the housing stock that we are addressing in this
21 bill.
22 Presumption pushes the liability
23 issue so far that it will be almost impossible for
24 landlords to get insurance.
25 Thus, they will be unable to get
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2 loans to rehab buildings, thus we will revert back
3 to the early seventies, an era some of you don't
4 even know anything about.
5 This domino effect will lead once
6 again to abandoned buildings, burned-out buildings,
7 landlords will walk away from properties they can't
8 maintain. The City will once again be collecting in
9 rem properties, an area HPD and my committee have
10 worked so hard to clear up.
11 You know, most of the legislation we
12 work on and pass is easy enough to do. It's feel
13 good stuff. But every once in awhile there's the
14 vote that really takes the co