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          2 CITY COUNCIL

 

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             CITY OF NEW YORK

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          5

             THE TRANSCRIPT OF THE MINUTES

          6

                      of the

          7

             STATED COUNCIL MEETING

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          9

 

         10

                            December 15, 2003

         11 Start: 1:10 p.m.

                            Recess: 3:50 p.m.

         12

                            City Hall

         13 Council Chambers

                            New York, New York

         14

 

         15 B E F O R E:

 

         16 BETSY GOTBAUM

                              Public Advocate

         17

 

         18 COUNCIL MEMBERS: Joseph Addabbo

                                        Tony Avella

         19 Maria Baez

                                        Charles Barron

         20 Tracy Boyland

                                        Gale Brewer

         21 Yvette Clarke

                                        Leroy Comrie

         22

 

         23

 

         24 LEGAL-EASE COURT REPORTING SERVICES, INC.

                              17 Battery Place - Suite 1308

         25 New York, New York 10004

                                    800-756-3410

 

 

 

 

 




                                                            2

 

 

          1

 

          2 A P P E A R A N C E S (CONTINUED)

 

          3

                   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

         25

 

 

 

 

 

 




                                                            3

 

 

          1

 

          2 A P P E A R A N C E S (CONTINUED)

 

          3

                         STAFF: Victor Robles

          4 City Clerk

 

          5 Claude Cherry,

                                      Council Clerk

          6

 

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                                                            4

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            5

 

 

          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

 

 

 

 

 

 




                                                            6

 

 

          1 STATED COUNCIL MEETING

 

          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.

 

 

 

 

 

 




                                                            7

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            8

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            9

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            10

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            11

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            12

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            13

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            14

 

 

          1 STATED COUNCIL MEETING

 

          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,

 

 

 

 

 

 




                                                            15

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            16

 

 

          1 STATED COUNCIL MEETING

 

          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,

 

 

 

 

 

 




                                                            17

 

 

          1 STATED COUNCIL MEETING

 

          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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          1 STATED COUNCIL MEETING

 

          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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          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            20

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            21

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            22

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            23

 

 

          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

 

 

 

 

 

 




                                                            24

 

 

          1 STATED COUNCIL MEETING

 

          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.

 

 

 

 

 

 




                                                            25

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            26

 

 

          1 STATED COUNCIL MEETING

 

          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.

 

 

 

 

 

 




                                                            27

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            28

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            55

 

 

          1 STATED COUNCIL MEETING

 

          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.

 

 

 

 

 

 




                                                            56

 

 

          1 STATED COUNCIL MEETING

 

          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

 

 

 

 

 

 




                                                            57

 

 

          1 STATED COUNCIL MEETING

 

          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 courage of your

 

         15 convictions, because you believe in what your soul

 

         16 tells you to do. You remove politics from the issue.

 

         17 To me those votes were the smoking bill. I believed

 

         18 in it. I still do. The real estate tax increase was

 

         19 really tough, but I believe it was necessary. And

 

         20 the lead bill. I truly believe the bill we have

 

         21 before us today is the wrong way to go, and I'm as

 

         22 passionate about that as are the proponents of it.

 

         23 I wish more of my colleagues would

 

         24 have attended the hearings, but I know you're busy

 

         25 folks, but I ask you, think about your vote today.

 

 

 

 

 

 




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          2 Don't vote for all the wrong reasons, be they

 

          3 politics, apathy, or intimidation.

 

          4 Don't be lulled into thinking this

 

          5 bill is about the children. It's gotten to be so far

 

          6 removed from being about the children.

 

          7 We should not let go of this until we

 

          8 get it right. It is that important.

 

          9 Trust the courage of your

 

         10 convictions. Vote no. I thank you.

 

         11 COUNCIL MEMBER RIVERA: Council Member

 

         12 Gallagher.

 

         13 COUNCIL MEMBER SANDERS: Point of

 

         14 order. Point of order.

 

         15 COUNCIL MEMBER RIVERA: There will be

 

         16 none of that inside these chambers, please.

 

         17 Everybody please respect everybody within the

 

         18 Chambers. Thank you.

 

         19 COUNCIL MEMBER SANDERS: Mr. Chair,

 

         20 point of order.

 

         21 COUNCIL MEMBER RIVERA: Yes.

 

         22 COUNCIL MEMBER SANDERS: Mr. Chair, I

 

         23 respectfully request that you adhere to the time

 

         24 frame. This is a long subject matter and if everyone

 

         25 speaks the amount of period of time that they want,

 

 

 

 

 

 




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          2 we will be here all night. I respectfully request

 

          3 that the order as far as the time frame, the limit

 

          4 to speaking on a particular matter, be adhered to.

 

          5 COUNCIL MEMBER RIVERA: So granted.

 

          6 Next will be Council Member

 

          7 Gallagher.

 

          8 COUNCIL MEMBER GALLAGHER: I wish to

 

          9 speak in opposition to Intro. 101 today.

 

         10 Today we're replacing a law that was

 

         11 deemed by many to be a public health success story

 

         12 for a new law that applies a draconian standard,

 

         13 without establishing a casual effect between meeting

 

         14 the problem and the purported cure.

 

         15 Our new proposed lead law purports to

 

         16 deal with dangerous situations, in a manner that is

 

         17 completely inconsistent with diminishing the impact

 

         18 of elevated lead levels and children in some of our

 

         19 most oppressed communities.

 

         20 It runs contrary to the expert

 

         21 testimony presented before the Housing and Buildings

 

         22 Committee and does not take into account the myriad

 

         23 of alternative sources that contributes to elevated

 

         24 lead levels in children.

 

         25 The bill also does not take into

 

 

 

 

 

 




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          2 account the fact that a percentage of lead poisoning

 

          3 occurs in foreign jurisdictions well beyond the

 

          4 reach of our laws.

 

          5 In the long run, this proposed

 

          6 legislation will have a devastating effect on

 

          7 affordable housing in the City of New York.

 

          8 It will cost the taxpayers billions

 

          9 of dollars, without any appreciable benefit to the

 

         10 children of this City.

 

         11 It will further cause the abandonment

 

         12 and deterioration of small to medium multiple

 

         13 dwellings in some of our most at risk communities.

 

         14 The owners and operators of housing

 

         15 units to the City did not have the financial

 

         16 wherewithal to make the mandated repairs in this

 

         17 statute, repairs which are cumbersome,

 

         18 overburdensome, and unnecessary.

 

         19 In addition, they will not be able to

 

         20 obtain the necessary liability insurance to protect

 

         21 not only their interest, but the interest of the

 

         22 tenants in the affected premises.

 

         23 In short, there are two entities that

 

         24 benefit from this legislation, the rehabilitation

 

         25 contractors, particularly those who do not pay

 

 

 

 

 

 




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          2 prevailing wage to their workers, and the lawyers

 

          3 who thrive on frivolous lawsuits, lawsuits which no

 

          4 longer have the basis and fact, but as a result in

 

          5 this law are now deemed valid as a matter of law.

 

          6 COUNCIL MEMBER RIVERA: Council

 

          7 Member.

 

          8 COUNCIL MEMBER GALLAGHER: I will be

 

          9 summing up in one moment.

 

         10 I just have to say that today what

 

         11 we're really doing is we're giving a Christmas

 

         12 present or a holiday present to the lawyers of the

 

         13 City of New York, and this bill is their present.

 

         14 And to tell you the truth, we know that they're

 

         15 going to have a prosperous New Year.

 

         16 Thank you.

 

         17 COUNCIL MEMBER RIVERA: Thank you very

 

         18 much.

 

         19 Council Member Fidler.

 

         20 COUNCIL MEMBER FIDLER: Thank you, Mr.

 

         21 Chairman.

 

         22 Before I speak on the lead paint

 

         23 bill, which is the most important of many important

 

         24 things we're doing today, I want to call my

 

         25 colleagues' attention to Resolution 1240 by which

 

 

 

 

 

 




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          2 the recommendation of the Brooklyn Delegation of the

 

          3 Council, Josephine Bollus of the Health and

 

          4 Hospitals Corporation, Josephine is a woman of

 

          5 incredible integrity and probably will be the first

 

          6 RN and resident of public housing to serve on that

 

          7 board and I urge their support for it.

 

          8 As for the lead paint bill, I do want

 

          9 to say that Intro. 101-A is far from perfect - so am

 

         10 I. I think it's hard to explain to people why

 

         11 raising the age to seven actually takes resources

 

         12 away from the children most at risk. I think there

 

         13 are issues that do impact on affordable housing.

 

         14 But I do also recognize that there

 

         15 still is a long work in progress compromise. I want

 

         16 to thank the Speaker and Marcel and Madeline and

 

         17 Bill Perkins, for all the work that they did to get

 

         18 to this bill, and know there are things in it I

 

         19 don't like.

 

         20 I think the Court of Appeals took

 

         21 this decision out of our hands last June. When Local

 

         22 Law 38 was struck down, it left this City with no

 

         23 lead paint bill. No bill de facto that protects our

 

         24 children from lead poisoning, and not having a lead

 

         25 paint bill in this City is unconscionable. And that

 

 

 

 

 

 




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          2 is why we're going to have to -- we have to pass

 

          3 101-A today. I regret that we did not have more time

 

          4 to consider the negative declaration, which was a

 

          5 document almost as long as the electrical code,

 

          6 Madeline, that was put on our desks the morning of

 

          7 the hearing. But it is something that our children

 

          8 require that we do today, and that is why I'll be

 

          9 voting yes on 101-A.

 

         10 COUNCIL MEMBER RIVERA: Thank you very

 

         11 much.

 

         12 Council Member Recchia.

 

         13 COUNCIL MEMBER RECCHIA: Yes, Mr.

 

         14 Chairman. I stand up as a trial lawyer in New York

 

         15 City, and today 101-A is not a gift to the trial

 

         16 lawyers, it is a gift to every brain damaged child

 

         17 in this City. When a client walks out of my office

 

         18 and I give them a check for hundreds of thousands of

 

         19 dollars, that check is not going in their pocket,

 

         20 it's going to survive for the rest of their life.

 

         21 And I want to make it very clear,

 

         22 that trial lawyers in New York City today donate

 

         23 hundreds of thousands of dollars to children who are

 

         24 brain damage and give up of their life to give pro

 

         25 bono work to these children.

 

 

 

 

 

 




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          2 So today this is not a gift to the

 

          3 trial lawyers, it's a gift to the children who are

 

          4 brain damaged.

 

          5 And I want to thank Bill Perkins, I

 

          6 want to thank Marcel, I want to thank Jeff Haberman

 

          7 for their outstanding work, and I just want to ask

 

          8 my colleagues to vote yes on Intro. 101-A.

 

          9 COUNCIL MEMBER RIVERA: Next, Council

 

         10 Member Alan Gerson.

 

         11 COUNCIL MEMBER GERSON: Thank you, Mr.

 

         12 Chair.

 

         13 I rise to urge my colleagues to

 

         14 support Intro. 191-A, which will make our City the

 

         15 first city in this country to begin to regulate

 

         16 diesel and oxide pollution from construction sites.

 

         17 I want to thank in advance my

 

         18 colleagues, especially our Speaker, and the Chair of

 

         19 our Environmental Committee, Council Member Gennaro,

 

         20 for assuring and providing this holiday gift to the

 

         21 lungs of the City of New York.

 

         22 This is an incredibly important step

 

         23 forward in environmental regulation. Construction

 

         24 site pollution by all accounts constitutes beyond 40

 

         25 percent of the poison which we breathe in day in and

 

 

 

 

 

 




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          2 day out which trigger asthma and other serious

 

          3 disease, especially among our children.

 

          4 This bill only applies to

 

          5 construction sites under City contract, as well as

 

          6 City-owned vehicles, but by its effect, it will

 

          7 impact all construction sites as private firms begin

 

          8 to retrofit and begin to use ultra low sulfur diesel

 

          9 fuel.

 

         10 This is incredibly important for

 

         11 Lower Manhattan, with its intense reconstruction

 

         12 would otherwise turn into an area of poisonous air,

 

         13 but this is equally incredibly important to the

 

         14 entire City of New York, which will phase in under

 

         15 this bill very rapidly where we are still dealing

 

         16 with an incredible asthma epidemic caused by these

 

         17 emissions which we will now begin to regulate.

 

         18 Madam Public Advocate, and it's good

 

         19 to see you, this is an important step forward, but

 

         20 it's a first step forward, it's a first step toward

 

         21 the abatement, significant abatement of diesel and

 

         22 oxide and other pollutants from all sources.

 

         23 We hope and expect to follow up this

 

         24 bill with a series of diesel and pollution reduction

 

         25 bills covering the range of sources, including

 

 

 

 

 

 




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          2 private construction sites, ferries, buses and the

 

          3 whole range of sources.

 

          4 I want to thank --

 

          5 PUBLIC ADVOCATE GOTBAUM: Time,

 

          6 Council Member.

 

          7 COUNCIL MEMBER GERSON: I just want to

 

          8 conclude by thanking the entire staff of this

 

          9 Council, because of time I won't mention all their

 

         10 names, who worked so incredibly hard, and with this

 

         11 bill, combined with 101-A, the lead bill, our City

 

         12 will be healthier and safer for all, especially our

 

         13 children.

 

         14 Thank you.

 

         15 PUBLIC ADVOCATE GOTBAUM: Thank you.

 

         16 Council Member Yassky.

 

         17 COUNCIL MEMBER YASSKY: Thank you very

 

         18 much. I want to thank my colleagues and urge them to

 

         19 support Intro. 107 on domestic violence. This bill

 

         20 will make New York the first city to require

 

         21 employers to make reasonable accommodations to women

 

         22 or men who are the victims and survivors of domestic

 

         23 violence or stalking.

 

         24 I want to thank Chair DeBlasio of the

 

         25 General Welfare Committee, and Chair Boyland of the

 

 

 

 

 

 




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          2 Women's Issues Committee, who the three of us worked

 

          3 together to craft this bill, and, of course, Speaker

 

          4 Miller for ensuring its passage and shaping it to

 

          5 get to the floor today.

 

          6 I also want to register my support

 

          7 for Intro. 101. I know, of course, it is not

 

          8 perfect, but I think there is no doubt that it will

 

          9 prevent children from being lead poisoned, and once

 

         10 we can say that, I think we know what we can do.

 

         11 So, I want to thank and congratulate

 

         12 Chair Perkins for his tireless advocacy on this

 

         13 bill.

 

         14 Thank you.

 

         15 PUBLIC ADVOCATE GOTBAUM: Council

 

         16 Member Reed.

 

         17 COUNCIL MEMBER REED: Thank you, Madam

 

         18 Public Advocate.

 

         19 I think that the Council should be

 

         20 applauded for the work that we have accomplished

 

         21 over the last two years, and I'm looking forward to

 

         22 serving with my colleagues over the next two to

 

         23 continue what I think is proudly an aggressive

 

         24 agenda that we've set forth to give people in this

 

         25 City hope that their issues are going to be tended

 

 

 

 

 

 




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          2 to.

 

          3 In my six years on the Council, I've

 

          4 often times seen an error on the side of caution and

 

          5 all too often concern ourselves with the bottom line

 

          6 as it relates to financing something, rather than to

 

          7 the health, well-being of the citizens of New York,

 

          8 the least amongst us.

 

          9 And if this bill is in error, I would

 

         10 like to error on the side of children.

 

         11 If the Administration would allow

 

         12 this bill to move forward, we might find out whether

 

         13 these problems are real, or are they perceived, or

 

         14 are they just sort of thrown up there at the last

 

         15 minute to make us afraid of all the other important

 

         16 things, particularly affordable housing being doomed

 

         17 because we want to protect our youth.

 

         18 I don't particularly believe it, but

 

         19 I think we should operate in good faith for a change

 

         20 on the side of citizens of New York, allow this bill

 

         21 to go forward. I respect my colleagues, like Jimmy

 

         22 Oddo, who has reservations about it, but it can be

 

         23 fixed.

 

         24 Right now we have got to protect the

 

         25 youth, the children and also to say to these

 

 

 

 

 

 




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          2 families what you are dealing with we understand,

 

          3 and we are going to try to be on your side for a

 

          4 change. Thank you very much.

 

          5 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

          6 Council Member.

 

          7 Council Member Jackson.

 

          8 COUNCIL MEMBER JACKSON: Thank you

 

          9 very much, Madam Public Advocate. And I rise in

 

         10 favor of Intro 101-A.

 

         11 Going back when I joined the Council,

 

         12 this was a major, major issue. And obviously the

 

         13 highest court in New York State felt that Local Law

 

         14 38 was clearly out of order and they threw it out.

 

         15 And I turned to my colleagues in the

 

         16 City Council, Council Member Bill Perkins, who is

 

         17 the primary sponsor, and Bill, let me say this to

 

         18 you, that I understand why my former colleague or my

 

         19 predecessor, Stanley Michels, who is here with us

 

         20 today, and he deserves a lot of credit on behalf of

 

         21 this, I understand, Bill, why he said you are the

 

         22 right individual to carry on the baton, on behalf of

 

         23 the thousands and thousands and thousands of

 

         24 children that were being impacted by this

 

         25 legislation. Because, Bill, I said to you before, we

 

 

 

 

 

 




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          2 need someone with the honesty and the integrity and

 

          3 the fortitude and the skills, as a marathon man as

 

          4 you are, to move forward this legislation.

 

          5 So, I thank you on behalf of the

 

          6 people of the City of New York. And I say to all of

 

          7 my colleagues in the City Council, is it perfect?

 

          8 Maybe it's not. But let me tell you, there's been

 

          9 many, many, many compromises on this bill, and as a

 

         10 member of the Housing and Buildings Committee, I've

 

         11 sat through many, many days and many, many hours of

 

         12 hearings and listened to all of the testimony. Am I

 

         13 concerned that the individuals that want affordable

 

         14 housing feel that affordable housing may be

 

         15 negatively impacted? You better believe I am.

 

         16 Because in my district, up in Northern Manhattan,

 

         17 affordable housing is a necessity. But all things

 

         18 considered, I think that this is the right thing to

 

         19 do, because thousands of children will not be

 

         20 negatively impacted and will not be brain damaged as

 

         21 a result.

 

         22 PUBLIC ADVOCATE GOTBAUM: Time,

 

         23 Council member.

 

         24 COUNCIL MEMBER JACKSON: So, I ask you

 

         25 to all vote for Intro. 101-A. Thank you.

 

 

 

 

 

 




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          2 PUBLIC ADVOCATE GOTBAUM: Council

 

          3 Member Vallone.

 

          4 COUNCIL MEMBER VALLONE: Thank you,

 

          5 Madam Chair.

 

          6 I, too, am a trial attorney. I don't

 

          7 practice anymore but perhaps I should. Council

 

          8 Member Recchia, enjoy your gift, because this is

 

          9 one.

 

         10 It also helps kids, though, and

 

         11 therein lies the complication. This City Council has

 

         12 always led the way in protecting kids. Local Law 38

 

         13 passed by this City Council did just that, despite

 

         14 revisionist history. Led to about a 40 percent

 

         15 decreases in cases of lead paint poisoning.

 

         16 As our knowledge of lead increases,

 

         17 so, too, should our bill and our laws be improved.

 

         18 This law does that, it makes some

 

         19 serious improvements, by concluding lead dust in the

 

         20 definition of hazard.

 

         21 The intentions behind this bill are

 

         22 very good and I commend my colleagues, I commend the

 

         23 advocates for their hard work. Unfortunately, parts

 

         24 have been hijacked by politics. And the final

 

         25 version will hurt affordable housing.

 

 

 

 

 

 




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          2 It will hurt innocent landlords, it

 

          3 will hurt our City's economy and perhaps lead to

 

          4 more service cuts and more tax increases. Nothing is

 

          5 more important than our children. But there's a way

 

          6 to get that done without hurting the innocent. Now,

 

          7 the Mayor will veto this, we all know that, and

 

          8 everyone will sit back down and perhaps this time

 

          9 we'll get it right, come up with the best law

 

         10 possible, and then I'll be proud to sign on. But

 

         11 from now on, when the time comes to vote, I will

 

         12 abstain.

 

         13 PUBLIC ADVOCATE GOTBAUM: Council

 

         14 Member Katz.

 

         15 COUNCIL MEMBER KATZ: Thank you, Madam

 

         16 Public Advocate.

 

         17 I will be voting for 101-A. I'd like

 

         18 to just tag onto what I think Councilman Fidler was

 

         19 talking about. This is in my opinion not a perfect

 

         20 bill. The fact of the matter, though, is that right

 

         21 now, as far as I see it, there is no valid law,

 

         22 right now, with rules and regulations, protecting

 

         23 the kids in the City of New York against lead paint.

 

         24 And that's something that the City Council just

 

         25 can't stand for.

 

 

 

 

 

 




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          2 There are two issues I'm particularly

 

          3 concerned with that Chair Provenzano, who by the

 

          4 way, did an excellent job in chairing the hearing

 

          5 despite a lot of differences of opinion on the

 

          6 Committee. She did an excellent job in chairing the

 

          7 hearings. But there are two issues that concern me

 

          8 somewhat, which is spending the funds Citywide

 

          9 instead of in the belts that are most prevalent.

 

         10 Also the idea of affordable housing. As Chair of

 

         11 Land Use, there is not one time we rezone or do any

 

         12 public dispositions, where the affordable housing

 

         13 component does not come to the forefront for the

 

         14 Council Member whose district it is in. But I also

 

         15 see the idea and the fact that we have oversight

 

         16 over all of the agencies in the City of New York. We

 

         17 not only have oversight over the agencies, we have

 

         18 the power to come back here if the bill is not

 

         19 working. But right now it is needed, it is

 

         20 desperately needed in this City.

 

         21 We have argued these issues for I

 

         22 guess two years now because we have all come in

 

         23 here. Every side has been spoken to, every side has

 

         24 told their story, every side has made their opinion

 

         25 known. The advocates on both sides of the issue have

 

 

 

 

 

 




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          1 STATED COUNCIL MEETING

 

          2 spoken, almost every single Council Member in this

 

          3 room.

 

          4 I believe it's a good bill on

 

          5 balance. I believe it will protect the kids of the

 

          6 City of New York, and I will be voting aye when it

 

          7 comes to the floor. Thank you.

 

          8 PUBLIC ADVOCATE GOTBAUM: Council

 

          9 Member Rivera.

 

         10 COUNCIL MEMBER RIVERA: Thank you very

 

         11 much, Madam Public Advocate.

 

         12 I, too, stand in support of Intro.

 

         13 101-A. First, I'd like to mention there are four

 

         14 individuals that are responsible for this

 

         15 introduction to come into passage today. First, I

 

         16 would like to thank former Council Member Stanley

 

         17 Michels for his leadership on this issue. I would

 

         18 like to commend the leadership of our Speaker,

 

         19 Gifford Miller.

 

         20 I would also like to commend Madeline

 

         21 Provenzano, even though she is on the opposite side,

 

         22 she has held hearings on this issue and I sat

 

         23 through each and every one of them and we have

 

         24 brought it out to the floor today.

 

         25 And last but not least, I would like

 

 

 

 

 

 




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          2 to thank Honorable Council Leader Deputy Majority

 

          3 Leader Bill Perkins for his steadfast leadership on

 

          4 Intro. 101-A.

 

          5 We have an obligation and we have a

 

          6 duty to protect the children within the City of New

 

          7 York. The way we can do that is by passing a vital

 

          8 piece of legislation. Even though we may have some

 

          9 concerns, I think we all could agree that no law

 

         10 created or reigned by man has ever been perfect.

 

         11 So, therefore, we have an obligation

 

         12 to our duty and our job to install policy to benefit

 

         13 the thousands of children every single year who get

 

         14 poisoned by lead paint.

 

         15 We have an obligation to monitor this

 

         16 law once it's implemented to ensure that it does not

 

         17 have a negative effect on affordable housing in the

 

         18 City of New York.

 

         19 I am proud to say that today we move

 

         20 in the right direction to ensure that thousands of

 

         21 kids in the Bronx, in Brooklyn, in Queens, Manhattan

 

         22 and Staten Island, will now be able to look forward

 

         23 to no longer getting poisoned by lead paint.

 

         24 There are 4,500 kids per year. Let's

 

         25 move in the right direction to decrease that number

 

 

 

 

 

 




                                                            77

 

 

          1 STATED COUNCIL MEETING

 

          2 year by year.

 

          3 Thank you. Thank you, Madam Public

 

          4 Advocate.

 

          5 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

          6 Council member.

 

          7 Council Member Seabrook.

 

          8 COUNCIL MEMBER SEABROOK: Thank you

 

          9 very much, Madam Public Advocate. And today is a

 

         10 very historical event, and this is not an event or a

 

         11 gift to trial lawyers or a punishment to landlords.

 

         12 This is a gift to the children of the

 

         13 City of New York. This is to say that the children

 

         14 of New York really count, that children are first.

 

         15 And when I spoke to the sponsor of this bill, and I

 

         16 said, Councilman Perkins, this is not a bill for

 

         17 either side, this is a bill that says that this City

 

         18 really care about children. And that's the issue

 

         19 here. When we have seen countless lives being lost

 

         20 and those that I have known and grew up with who had

 

         21 lead poisoning, and those who never received a

 

         22 nickel for lead poisoning. This bill is for guys

 

         23 like Ned Bishop, who Ned died at 21 years of age and

 

         24 he spent almost all of his life in Rockland State,

 

         25 Bronx State, because he had brain damage.

 

 

 

 

 

 




                                                            78

 

 

          1 STATED COUNCIL MEETING

 

          2 This bill is for Ned. He never had a

 

          3 lawyer. He never sued anybody. He never got a dime.

 

          4 But he was poisoned, and I saw what it did to that

 

          5 family, the Bishop family in the Bronx, so if you

 

          6 are affected, it also affects others' lives.

 

          7 This is a bill that says we've

 

          8 understood that paint companies in America knew what

 

          9 they were doing a long time ago and disregarded

 

         10 children until this day.

 

         11 And, so, it is up to us to take on

 

         12 the responsible task of caring for children, and

 

         13 doing what has to be done.

 

         14 So, if this Administration believes,

 

         15 as this Council does, and believe that children are

 

         16 first, then put your money where your mouth is. And

 

         17 I vote aye.

 

         18 PUBLIC ADVOCATE GOTBAUM: Council

 

         19 Member Clarke.

 

         20 COUNCIL MEMBER CLARKE: Thank you,

 

         21 Madam Public Advocate.

 

         22 I'm just adding my voice to those who

 

         23 are in support of Intro. 38-A, the provision of

 

         24 Language Assistance Services, way overdue for the

 

         25 City of New York.

 

 

 

 

 

 




                                                            79

 

 

          1 STATED COUNCIL MEETING

 

          2 I'm also excited about the passage of

 

          3 Intro. 107-A, requiring reasonable accommodation and

 

          4 employment for the victims of domestic violence,

 

          5 sexual offenses and stalking. Again, ground-breaking

 

          6 for so many survivors in our City. Their place of

 

          7 employment becomes their only refuge.

 

          8 Then finally, just to say on Intro.

 

          9 101-A, the 40th Council District in Brooklyn happens

 

         10 to sit in the lead belt, and so if I weigh the

 

         11 arguments about concerns over landlords and property

 

         12 and affordable housing and how they will be hurt, I

 

         13 just looked at the faces of the children that I pass

 

         14 by in my community every day. I looked at the

 

         15 possibility that their potential for a proper growth

 

         16 and development is diminished just simply by where

 

         17 they life, and then I thought about the young lady

 

         18 that I brought before you today, little Ashante,

 

         19 little Autum Ashante, who is able to speak four

 

         20 different languages at the age of five. And I think

 

         21 about the children who have that same potential but

 

         22 just by virtue of where they live and the conditions

 

         23 in which they live don't have that possibility.

 

         24 Today this bill is about the children. It's about

 

         25 children of color. And I say to the Administration,

 

 

 

 

 

 




                                                            80

 

 

          1 STATED COUNCIL MEETING

 

          2 you know where the lead belt is, and if, in fact,

 

          3 you wanted to address this issue before we got to

 

          4 this moment, why weren't the resources targeted

 

          5 during that time in the intervening years? We talk,

 

          6 we talk, we talk, but generation after generation,

 

          7 young people continue to be poisoned by lead paint.

 

          8 This measure today puts an end to that. And for

 

          9 those unintended consequences, we are a new world of

 

         10 innovation. We will come out of this, landlords and

 

         11 residents, able to address these issues going

 

         12 forward.

 

         13 PUBLIC ADVOCATE GOTBAUM: Council

 

         14 Member.

 

         15 COUNCIL MEMBER CLARKE: There's no

 

         16 need for fear, because 101 is here. Thank you.

 

         17 PUBLIC ADVOCATE GOTBAUM: Council

 

         18 Member James.

 

         19 COUNCIL MEMBER JAMES: Lead is a

 

         20 poison that affects virtually every system in the

 

         21 body and is particularly harmful to brain and

 

         22 nervous system development.

 

         23 It causes loss of intelligence,

 

         24 behavior disorders and anemia, and can affect

 

         25 physical growth and hearing ability.

 

 

 

 

 

 




                                                            81

 

 

          1 STATED COUNCIL MEETING

 

          2 The harmful impact of childhood lead

 

          3 poisoning are felt particularly in low-income

 

          4 communities and among children of color, and the

 

          5 incidence of lead poisoning can be significantly

 

          6 diminished by pollution, prevention and control of

 

          7 lead-based and lead contaminated dust.

 

          8 I rise today in support of Intro.

 

          9 101, particularly since when you balance the

 

         10 interest of the economy versus the interest of

 

         11 children, I fall squarely on protecting the

 

         12 interests of children, and significantly and the

 

         13 safety of children far outweighs any arguments that

 

         14 have been raised. The arguments with regards to the

 

         15 lack of insurance, and inability to build affordable

 

         16 housing, and the fact that this is going to be

 

         17 costly. I find all of those arguments to be specious

 

         18 and speculative and I reject each and everyone of

 

         19 them.

 

         20 What will, again, prevent this City

 

         21 from building affordable housing is a policy which

 

         22 provides corporate welfare to entities, particularly

 

         23 private entities that want to build basketball

 

         24 arenas in the middle of a densely populated

 

         25 community, continuing to contribute to asthma and

 

 

 

 

 

 




                                                            82

 

 

          1 STATED COUNCIL MEETING

 

          2 providing public resources when we need additional

 

          3 resources to address this issue and other issues,

 

          4 crumbling schools and other issues.

 

          5 So, today, again I rise in support of

 

          6 this and proudly the efforts of Councilman Perkins

 

          7 and all that he has done to get this passed.

 

          8 In addition, I support Reso 909,

 

          9 which again, talks about affirming and upholding our

 

         10 rights to civil rights and democracy. And also

 

         11 Intro. 101, which would provide reasonable

 

         12 accommodation and employment of the needs of

 

         13 domestic violence individuals.

 

         14 And lastly, Intro. 38 --

 

         15 PUBLIC ADVOCATE GOTBAUM: Time,

 

         16 Council Member.

 

         17 COUNCIL MEMBER JAMES: -- Which is the

 

         18 last frontier of the civil rights movement.

 

         19 Thank you.

 

         20 PUBLIC ADVOCATE GOTBAUM: Thank you

 

         21 very much.

 

         22 Council Member Dilan.

 

         23 COUNCIL MEMBER DILAN: Thank you,

 

         24 Madam Public Advocate.

 

         25 Today I think the first time many

 

 

 

 

 

 




                                                            83

 

 

          1 STATED COUNCIL MEETING

 

          2 people will hear me say that I am in support of

 

          3 Intro. 101-A. But that support comes with great

 

          4 reservation.

 

          5 Bushwick, the district that I

 

          6 represent, has the highest cases of lead paint

 

          7 throughout the entire City.

 

          8 It also has the greatest need for

 

          9 affordable housing, so you could see my dilemma.

 

         10 Throughout the entire deliberation of this bill I

 

         11 wasn't a sponsor because that's a very -- affordable

 

         12 housing is a platform that I got elected on and I

 

         13 don't want to pursue policies that will go adverse

 

         14 to that platform.

 

         15 Now, be that as it may, I believe

 

         16 that this bill does protect children. This bill, I

 

         17 believe we hear consensus, is very flawed, and that

 

         18 flaw is surrounded around presumption. A

 

         19 presumption, just the word presumption is dangerous,

 

         20 very dangerous. Once upon a time it was presumed

 

         21 that minorities and women didn't have the ability to

 

         22 serve in this body.

 

         23 Look at this body today. I think

 

         24 minorities and women are a credit to this body.

 

         25 Now, some individuals may say, oh,

 

 

 

 

 

 




                                                            84

 

 

          1 STATED COUNCIL MEETING

 

          2 well, you need presumption in the bill to further

 

          3 enforce it. And that may be the case, and as a

 

          4 matter of fact, I believe that's true, but

 

          5 presumption, in my opinion, wasn't needed, wasn't

 

          6 needed to address some of the civil liability

 

          7 aspects of the bill.

 

          8 I believe that injured children

 

          9 should have the right to sue, and should be

 

         10 compensated. But according to HPD statistics, we

 

         11 have 40 percent of lead complaints that were

 

         12 unfounded. Now 40 percent of 1.4 million buildings

 

         13 is a lot of buildings, and it's a lot of lawsuits,

 

         14 and we, as members, have the obligation to find

 

         15 balance.

 

         16 PUBLIC ADVOCATE GOTBAUM: Time,

 

         17 Council member.

 

         18 COUNCIL MEMBER DILAN: All right,

 

         19 Madam Advocate.

 

         20 I will surmise to say that, you know,

 

         21 I support this bill, but should this bill turn out

 

         22 to be the trust fund protection for personal injury

 

         23 lawyers, in the future I will seek to amend certain

 

         24 portions of this bill, but be that as it may, you

 

         25 know, the obligation to protect children and review

 

 

 

 

 

 




                                                            85

 

 

          1 STATED COUNCIL MEETING

 

          2 the progress of this bill as we go forward first

 

          3 outweighs everything else and I intend to vote aye

 

          4 today.

 

          5 Thank you, Madam Advocate.

 

          6 PUBLIC ADVOCATE GOTBAUM: Council

 

          7 Member Sears.

 

          8 COUNCIL MEMBER SEARS: Thank you,

 

          9 Madam Chair.

 

         10 I stand because I will be voting no

 

         11 for this bill, and I would like to explain why. And

 

         12 before I do that, I want to thank my colleagues and

 

         13 our Speaker for the hard work that was truly done to

 

         14 put forth a bill in anticipation of reducing damage

 

         15 by lead to the children of the City of New York.

 

         16 As a former hospital administrator, I

 

         17 am well acquainted with lead, the damages of lead,

 

         18 and all the other health indices that come into

 

         19 that. However, I do believe, I do believe that there

 

         20 is one single thought in this Chamber, here on this

 

         21 floor and up there, and that is to make zero balance

 

         22 for lead. And no one should think that anybody that

 

         23 is not for this bill is for lead in children. That

 

         24 is absurd.

 

         25 What we see, and we have a difference

 

 

 

 

 

 




                                                            86

 

 

          1 STATED COUNCIL MEETING

 

          2 of a direction that we are going into to get that

 

          3 zero balance. I believe that this Chamber could have

 

          4 had a thought by pulling in all the parties, to come

 

          5 out with not a punitive, because that's what we're

 

          6 hearing, it's a punitive measure, because there is

 

          7 no disagreement about saving lives of children. And

 

          8 as I repeat, it's absurd to think that anyone here

 

          9 is not for children.

 

         10 I just disagree in the approach. I

 

         11 think we could have a different direction, and I

 

         12 think we could come out where this chamber would

 

         13 have 100 percent of a lead bill.

 

         14 I'm sorry that I cannot vote for it,

 

         15 but I do believe that in time we'll be able to come

 

         16 out with something that is not punitive, that is a

 

         17 positive solution that we see a zero balance, not

 

         18 just diminishing statistics in the Board of Health.

 

         19 Thank you, Madam Chair.

 

         20 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

         21 Council Member.

 

         22 Council Member Lopez.

 

         23 COUNCIL MEMBER LOPEZ: I would like to

 

         24 rise today to speak on 415, Intro, carbon dioxide

 

         25 storage; Intro. 191, use of ultra low sulfur diesel;

 

 

 

 

 

 




                                                            87

 

 

          1 STATED COUNCIL MEETING

 

          2 Intro. 38-A, provision of language assistance;

 

          3 Intro. 198-A, creation and implementation of an

 

          4 electronic death registration system.

 

          5 But I cannot speak on any one of

 

          6 them, although each and every one of them are

 

          7 incredible pieces of legislation, because I only

 

          8 have the time and the opportunity by the amount of

 

          9 time that is limited here to all of us to speak on

 

         10 the Intro. 101-A. And the reason I only can speak on

 

         11 that is because we took too long to pass this bill.

 

         12 We took too long to make an action. We took too long

 

         13 to make clear to the City of New York that we care

 

         14 for the children of this City of ours.

 

         15 1999 I was in this Council, and the

 

         16 lights went up the day that we voted on that bill

 

         17 that day, the bill that later on the judicial system

 

         18 had to put down. Shame on us that the judicial

 

         19 system had to tell us that the bill that we passed

 

         20 was not good, that had to be sent back to this

 

         21 house. And we shall be very clear today that at the

 

         22 time in 1999 when that bill was passed, we knew the

 

         23 same thing at the time that we know now, that we are

 

         24 again repeating history, passing the bill this time,

 

         25 and this time we're trying to set it right. And

 

 

 

 

 

 




                                                            88

 

 

          1 STATED COUNCIL MEETING

 

          2 we're going to pass this bill right this time,

 

          3 because this bill needed to be 1999, not like right

 

          4 now, about lead poisoning issue is beyond poisoning

 

          5 children or not.

 

          6 It's about a society that know very

 

          7 clear that lead exists inside of paint.

 

          8 PUBLIC ADVOCATE GOTBAUM: Time,

 

          9 Council member.

 

         10 COUNCIL MEMBER LOPEZ: And Madam

 

         11 Public Advocate --

 

         12 PUBLIC ADVOCATE GOTBAUM: Yes, Council

 

         13 member.

 

         14 COUNCIL MEMBER LOPEZ: I am not going

 

         15 to follow your instructions, because prior to your

 

         16 sitting in here were people here speaking on this

 

         17 bill any time they want to and the amount of time

 

         18 that they want to. I'm going to finish --

 

         19 PUBLIC ADVOCATE GOTBAUM: Council

 

         20 Member, it's not fair for you to go over when I've

 

         21 asked the others to stay within two minutes. Please.

 

         22 COUNCIL MEMBER LOPEZ: I am not going

 

         23 to be able to do that, Madam Public Advocate.

 

         24 Before I spoke, there were people in

 

         25 here speaking for a long time without being stopped.

 

 

 

 

 

 




                                                            89

 

 

          1 STATED COUNCIL MEETING

 

          2 Therefore, rules had to be applied to all of us

 

          3 equally.

 

          4 PUBLIC ADVOCATE GOTBAUM: But it's not

 

          5 fair, Council member, because others have been

 

          6 stopped when they get over two minutes --

 

          7 COUNCIL MEMBER LOPEZ: And I'm saying

 

          8 to you that before you were sitting in there were

 

          9 people speaking against this bill who were speaking

 

         10 for a long time without nobody stopping them.

 

         11 PUBLIC ADVOCATE GOTBAUM: Well, I

 

         12 don't know what happened beforehand, but I'll tell

 

         13 you what's happening when I'm here. Please, Council

 

         14 member.

 

         15 COUNCIL MEMBER LOPEZ: I'm asking --

 

         16 PUBLIC ADVOCATE GOTBAUM: Please,

 

         17 Council Member.

 

         18 COUNCIL MEMBER LOPEZ: I'm asking to

 

         19 be allowed to finish what I'm going to say.

 

         20 PUBLIC ADVOCATE GOTBAUM: Margarita,

 

         21 please. Come on, let's be fair.

 

         22 COUNCIL MEMBER LOPEZ: I am not doing

 

         23 this to disrespect you, Madam Public Advocate.

 

         24 I'm saying to you that before you

 

         25 were sitting in there, were people against this bill

 

 

 

 

 

 




                                                            90

 

 

          1 STATED COUNCIL MEETING

 

          2 who spoke plenty against it. Plenty. They would not

 

          3 stop.

 

          4 PUBLIC ADVOCATE GOTBAUM: But I think

 

          5 we had so many people speaking before it that will

 

          6 make up for those that were speaking against it.

 

          7 Please, Council member.

 

          8 COUNCIL MEMBER LOPEZ: I understand

 

          9 that. But you have to give me the same opportunity

 

         10 that is given to those --

 

         11 PUBLIC ADVOCATE GOTBAUM: That's not

 

         12 what the rules say. You have two minutes and you've

 

         13 just gone over the two minutes, so I will please ask

 

         14 you to finish in one second.

 

         15 COUNCIL MEMBER LOPEZ: I am not going

 

         16 to be able to finish in one second.

 

         17 PUBLIC ADVOCATE GOTBAUM: You just

 

         18 finished in one second. Thank you. You just finished

 

         19 in one second, Council member.

 

         20 COUNCIL MEMBER LOPEZ: I'm not going

 

         21 to finish. I will ask you to understand --

 

         22 PUBLIC ADVOCATE GOTBAUM: No, Council

 

         23 member, I am not going to do that.

 

         24 COUNCIL MEMBER LOPEZ: Everybody was

 

         25 speaking over two minutes.

 

 

 

 

 

 




                                                            91

 

 

          1 STATED COUNCIL MEETING

 

          2 PUBLIC ADVOCATE GOTBAUM: Council

 

          3 Member, I don't want to have to call the

 

          4 Sergeant-At-Arms against you. Please, Council

 

          5 member, allow the next person to speak.

 

          6 COUNCIL MEMBER MONSERRATE: Council

 

          7 Member Monserrate defers his two minutes to

 

          8 Margarita Lopez.

 

          9 PUBLIC ADVOCATE GOTBAUM: Council

 

         10 Member Martinez is giving you his two minutes.

 

         11 COUNCIL MEMBER MONSERRATE:

 

         12 Monserrate. Monserrate is deferring my two minutes.

 

         13 PUBLIC ADVOCATE GOTBAUM: Council

 

         14 Member Monserrate was not on the list to speak,

 

         15 unfortunately.

 

         16 COUNCIL MEMBER MONSERRATE: I was

 

         17 acknowledged to speak, and I defer my two minutes to

 

         18 Council Member Margarita --

 

         19 PUBLIC ADVOCATE GOTBAUM: Fine, okay.

 

         20 Council Member Lopez, you have two minutes, which

 

         21 Council Member Monserrate has given you.

 

         22 COUNCIL MEMBER LOPEZ: I am very sorry

 

         23 that we have been put in this situation. It's not a

 

         24 reflection on you, Madam Public Advocate.

 

         25 Saying what I was saying, the day

 

 

 

 

 

 




                                                            92

 

 

          1 STATED COUNCIL MEETING

 

          2 that we voted on this bill was six of us here. Some

 

          3 of us voted against that bill in 1999.

 

          4 Today we have the opportunity to

 

          5 correct the wrongdoing we did at the time. We're

 

          6 voting for this bill because lead destroys this

 

          7 society and the fiber of this society. If we had to

 

          8 pass a piece of legislation that is going to be

 

          9 about how many people will sue, how many people will

 

         10 not sue, how many people will be in compliance, how

 

         11 many people will not be in compliance, and we don't

 

         12 see the small writing on the book which is about the

 

         13 health of the City, and a policy of health that

 

         14 speak about making our children healthy, being able

 

         15 to finish school, being able to be everything that

 

         16 they can be, without necessarily being postponed in

 

         17 their life to be relegated to suffer a mental

 

         18 disability.

 

         19 It's about time that we passed this

 

         20 bill, and to the advocates, to the mothers of the

 

         21 children, and the children to collect.

 

         22 Thank you very much for giving me the

 

         23 opportunity to stand here today to vote for this

 

         24 bill, and God bless each and every one of you. Thank

 

         25 you.

 

 

 

 

 

 




                                                            93

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER COMRIE: Okay, point of

 

          3 order.

 

          4 PUBLIC ADVOCATE GOTBAUM: Council

 

          5 Member Martinez.

 

          6 COUNCIL MEMBER COMRIE: Point of

 

          7 order.

 

          8 Before there is any other discussion,

 

          9 I just want to make one thing clear. As the Chair of

 

         10 the Committee, the Chair of the Committee has a

 

         11 right to speak over time. No other member is allowed

 

         12 by the rules to pass the time to another member.

 

         13 There was an exception made. I was not here at the

 

         14 beginning of the meeting, but all the members should

 

         15 know that the Chair of the Committee has a right to

 

         16 speak on the bill, to extend the period of the time,

 

         17 and the Speaker, the Majority Leader and that's it.

 

         18 Everyone else please try to keep it to the two

 

         19 minutes. You cannot defer your time to another

 

         20 member. Thank you.

 

         21 PUBLIC ADVOCATE GOTBAUM: Council

 

         22 Member Martinez.

 

         23 COUNCIL MEMBER MARTINEZ: Thank you,

 

         24 Madam Chair.

 

         25 Madam Chair, today we are making

 

 

 

 

 

 




                                                            94

 

 

          1 STATED COUNCIL MEETING

 

          2 history in the City of New York with legislation

 

          3 that will guarantee equal access to everyone who

 

          4 seeks services from the City of New York. (In

 

          5 Spanish.) From this day on, and when the legislation

 

          6 is signed, anyone who does not speak English will be

 

          7 able to receive services without fear and will have

 

          8 access to all the services that the City of New York

 

          9 provides. (In Spanish.) Thank you, Council Member

 

         10 Liu, and Council Member Brewer, for your leadership.

 

         11 I also want to speak briefly before

 

         12 my time is up, that I also support Intro. 101-A,

 

         13 legislation that will protect our children.

 

         14 However, Madam Chair, Madam Public

 

         15 Advocate. I also want to point out that we also have

 

         16 a responsibility as a Council to follow the

 

         17 development of the issue of insurance, that we may

 

         18 want to ask our State Legislators to be partner in

 

         19 putting forward legislation that would allow the

 

         20 property owners that we heard over and over again,

 

         21 and even the corporations, the non-profit corps, who

 

         22 testified that they said they feared they would not

 

         23 be able to have insurance which in result will have

 

         24 an impact on the affordability of affordable housing

 

         25 in our communities. And this is something that we

 

 

 

 

 

 




                                                            95

 

 

          1 STATED COUNCIL MEETING

 

          2 must track to ensure that housing continues to be

 

          3 affordable and is not used as an excuse.

 

          4 PUBLIC ADVOCATE GOTBAUM: Time,

 

          5 please.

 

          6 COUNCIL MEMBER MARTINEZ: Excuse me?

 

          7 PUBLIC ADVOCATE GOTBAUM: Time,

 

          8 please. The bell just went off.

 

          9 COUNCIL MEMBER MARTINEZ: Okay.

 

         10 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

         11 Council member.

 

         12 Council Member Perkins.

 

         13 COUNCIL MEMBER PERKINS: Thank you

 

         14 very much.

 

         15 I want to first take a moment to

 

         16 acknowledge the father of this bill, the one and

 

         17 only Council Member Stanley Michels.

 

         18 Please, would everybody give him a

 

         19 round of applause.

 

         20 (Applause.)

 

         21 He not only fathered it, he passed it

 

         22 on to me and then he nurtured it and was there at

 

         23 every press conference and hearing and kept us on

 

         24 track and I really appreciate the support that he's

 

         25 given us.

 

 

 

 

 

 




                                                            96

 

 

          1 STATED COUNCIL MEETING

 

          2 Part of that team that Stan Michels

 

          3 had is still with us today, and I want to

 

          4 acknowledge Margarita Lopez, Phil Reed, Chris Quinn

 

          5 and Eva Moskowitz, for having been with this bill

 

          6 since '99 when Local Law 38 passed.

 

          7 And I also want to take a moment just

 

          8 for protocol sake, to acknowledge the presence of

 

          9 Una Clarke and Archie Spigner, two Council members

 

         10 that are also here with us.

 

         11 We hear that the bill is not perfect.

 

         12 There is no question about the fact that it's not

 

         13 perfect, and one major reason why the bill is not

 

         14 perfect is because the Mayor refuses to sign the

 

         15 bill.

 

         16 Now, the reason the Mayor refuses to

 

         17 sign the bill is very simple, he wants us to make

 

         18 history by immunizing the City from any negligence,

 

         19 any liability as a result of the negligence on the

 

         20 part of this City. That is precedent setting, is

 

         21 never done any place else in this City, is never

 

         22 done any place else in this country, and should not

 

         23 be done today. If you're negligent you're liable,

 

         24 and the only reason the Mayor doesn't sign this bill

 

         25 is because they do not want to be accountable for

 

 

 

 

 

 




                                                            97

 

 

          1 STATED COUNCIL MEETING

 

          2 their negligence, number one.

 

          3 Number two, the other concern which I

 

          4 think is important that comes up --

 

          5 PUBLIC ADVOCATE GOTBAUM: Council

 

          6 Member, the bell just rang.

 

          7 COUNCIL MEMBER PERKINS: I want to for

 

          8 the record, I want to clear something up.

 

          9 PUBLIC ADVOCATE GOTBAUM: Please.

 

         10 COUNCIL MEMBER PERKINS: The Majority

 

         11 Leader shared with you the rules, and forgot to

 

         12 mention that the sponsor and the Deputy Majority

 

         13 Leader are also given extended time.

 

         14 PUBLIC ADVOCATE GOTBAUM: I don't

 

         15 think so.

 

         16 COUNCIL MEMBER PERKINS: I'm telling

 

         17 you it is.

 

         18 As the Whip. Ask the Whip.

 

         19 PUBLIC ADVOCATE GOTBAUM: Council

 

         20 Member, it's unfair for --

 

         21 COUNCIL MEMBER PERKINS: I'm not

 

         22 trying to be unfair. That's the way it is.

 

         23 PUBLIC ADVOCATE GOTBAUM: It isn't the

 

         24 way it is, and I really don't want to get into a

 

         25 dispute the way that I did with my other colleague

 

 

 

 

 

 




                                                            98

 

 

          1 STATED COUNCIL MEETING

 

          2 about this. It's just not fair to the others who are

 

          3 left to speak.

 

          4 COUNCIL MEMBER PERKINS: On the

 

          5 question of presumption, I just want to say

 

          6 presumption does not mean you're guilty. It just

 

          7 means that you know that your building was built in

 

          8 the sixties and therefore has lead-based paint. You

 

          9 still have to prove that the person who has been

 

         10 poisoned, was poisoned in that particular apartment,

 

         11 in that particular building. So does not presume

 

         12 that you're guilty.

 

         13 PUBLIC ADVOCATE GOTBAUM: I'm going to

 

         14 have to ask you to finish.

 

         15 Thank you very much.

 

         16 Mr. Speaker.

 

         17 SPEAKER MILLER: I'm going to do this

 

         18 in two minutes.

 

         19 I made an oversight during my remarks

 

         20 earlier. I neglected to point out Intro. 38-A, which

 

         21 is an extraordinary piece of legislation. I want to

 

         22 compliment Council Members Liu and Brewer and

 

         23 DeBlasio. It's a great piece of legislation.

 

         24 I want to say just a few closing

 

         25 points and to pick up on the point the Deputy

 

 

 

 

 

 




                                                            99

 

 

          1 STATED COUNCIL MEETING

 

          2 Majority Leader was making on this issue of

 

          3 presumption and perfection.

 

          4 First of all, while this bill --

 

          5 nothing is perfect. It should run the two minutes.

 

          6 I'm going to do this in two minutes. There we go.

 

          7 While nothing is perfect, this bill is pretty darn

 

          8 close to perfect. And I just want to point out that

 

          9 this is an approach that has not been done in this

 

         10 country before. There are only two approaches that

 

         11 cities have. In Boston they do strict liability and

 

         12 total abatement, which isn't responsible and which

 

         13 costs too much and ultimately endangers kids. And

 

         14 everywhere else in the country where they duc it.

 

         15 This bill is the right bill because

 

         16 it goes directly to protecting kids to setting the

 

         17 right incentives for compliance, to making sure that

 

         18 the cost is appropriate, that it can be born and

 

         19 that it's focused in the areas where there really is

 

         20 a problem.

 

         21 And on the subject of presumption, I

 

         22 do want to make this clear, for everyone who doesn't

 

         23 know this issue as well as perhaps some of us do.

 

         24 There is no presumption of liability

 

         25 in this bill. There is no presumption of liability

 

 

 

 

 

 




                                                            100

 

 

          1 STATED COUNCIL MEETING

 

          2 in this bill. What we're talking about in terms of

 

          3 presumption is in a pre-1960 building, you should

 

          4 presume that paint, if you don't know whether it's

 

          5 lead or not, is lead.

 

          6 Of course you should presume the

 

          7 pre-1960 building, the paint is lead, if you don't

 

          8 know whether it's lead or not.

 

          9 No one in their right mind could

 

         10 stand here and say, well, you should not presume

 

         11 that. You own a building, you own an apartment, you

 

         12 don't know whether that paint is lead or not? You

 

         13 should presume it is, and that is all that this

 

         14 legislation says.

 

         15 Now, that places some

 

         16 responsibilities on people. But that's what the

 

         17 presumption is. It's not a presumption of liability.

 

         18 You still have to go in and prove your case. What it

 

         19 is is an acknowledgment of a reality. If you know

 

         20 it's not lead paint, you're okay. If you think it

 

         21 might be lead paint, you should presume it is

 

         22 because it's a toxic, hazardous substance that can

 

         23 poison children.

 

         24 So, that is what I want to say and

 

         25 then I want to thank Stanley Michels and Bill

 

 

 

 

 

 




                                                            101

 

 

          1 STATED COUNCIL MEETING

 

          2 Perkins and Marcel Van Ooyen --

 

          3 COUNCIL MEMBER PERKINS: Nor is it a

 

          4 presumption of guilt.

 

          5 SPEAKER MILLER: No, there's no

 

          6 presumption of guilt, there's no presumption of

 

          7 liability. There is a presumption, and Marcel did a

 

          8 phenomenal job on this legislation and deserves

 

          9 credit.

 

         10 And I want to thank Madeline

 

         11 Provenzano, the Chair of the Committee for having

 

         12 fair hearings and for getting us to this point. And

 

         13 that that, my time is up. And Jeff Haberman.

 

         14 PUBLIC ADVOCATE GOTBAUM: Mr. Speaker,

 

         15 you are a marvel.

 

         16 Report of Special Committees.

 

         17 Council Member Stewart, you were not

 

         18 on the list.

 

         19 COUNCIL MEMBER STEWART: When I looked

 

         20 at you awhile ago, I saw you writing something down,

 

         21 I thought it was me.

 

         22 PUBLIC ADVOCATE GOTBAUM: No. Sorry. I

 

         23 apologize.

 

         24 COUNCIL MEMBER STEWART: I'll speak on

 

         25 the vote then.

 

 

 

 

 

 




                                                            102

 

 

          1 STATED COUNCIL MEETING

 

          2 PUBLIC ADVOCATE GOTBAUM: Thank you.

 

          3 Report of Special Committees.

 

          4 COUNCIL CLERK CHERRY: None.

 

          5 PUBLIC ADVOCATE GOTBAUM: Report of

 

          6 Standing Committees.

 

          7 COUNCIL CLERK CHERRY: Reports on the

 

          8 Committee of Economic Development.

 

          9 Intro. 431.

 

         10 SPEAKER MILLER: Coupled on the

 

         11 General Order Calendar.

 

         12 COUNCIL CLERK CHERRY: Intro. 597.

 

         13 SPEAKER MILLER: Coupled on the

 

         14 General Order Calendar.

 

         15 COUNCIL CLERK CHERRY: Preconsidered

 

         16 Reso 1214.

 

         17 SPEAKER MILLER: Coupled on the

 

         18 General Order Calendar.

 

         19 COUNCIL CLERK CHERRY: Reports on the

 

         20 Committee on Environmental Protection.

 

         21 Intro. 191-A.

 

         22 SPEAKER MILLER: Amended and coupled

 

         23 on the General Order Calendar.

 

         24 COUNCIL CLERK CHERRY: Preconsidered

 

         25 Reso 1208.

 

 

 

 

 

 




                                                            103

 

 

          1 STATED COUNCIL MEETING

 

          2 SPEAKER MILLER: Coupled on the

 

          3 General Order Calendar.

 

          4 COUNCIL CLERK CHERRY: Reports on the

 

          5 Committee on Finance.

 

          6 Preconsidered Reso 1215.

 

          7 SPEAKER MILLER: Coupled on the

 

          8 General Order Calendar.

 

          9 COUNCIL CLERK CHERRY: Preconsidered

 

         10 LU 629, and Companion Reso 1216.

 

         11 SPEAKER MILLER: Coupled.

 

         12 COUNCIL CLERK CHERRY: Preconsidered

 

         13 LU 630 and companion Reso 1217.

 

         14 SPEAKER MILLER: Coupled.

 

         15 COUNCIL CLERK CHERRY: Preconsidered

 

         16 LU 631 and companion Reso 1218.

 

         17 SPEAKER MILLER: Coupled.

 

         18 COUNCIL CLERK CHERRY: Reports on the

 

         19 Committee on Fire and Criminal Justice Services.

 

         20 Intro. 414.

 

         21 SPEAKER MILLER: Coupled on the

 

         22 General Order Calendar.

 

         23 COUNCIL CLERK CHERRY: Intro. 415.

 

         24 SPEAKER MILLER: Coupled.

 

         25 COUNCIL CLERK CHERRY: Report on the

 

 

 

 

 

 




                                                            104

 

 

          1 STATED COUNCIL MEETING

 

          2 Committee on General Welfare.

 

          3 Intro. 38-A.

 

          4 SPEAKER MILLER: Amended and coupled

 

          5 on the General Order Calendar with a message of

 

          6 necessity.

 

          7 COUNCIL CLERK CHERRY: Intro. 107-A.

 

          8 SPEAKER MILLER: Amended and coupled

 

          9 on the General Order Calendar with a message of

 

         10 necessity.

 

         11 COUNCIL CLERK CHERRY: Reports on the

 

         12 Committee on Governmental Operations.

 

         13 Reso 909-A.

 

         14 SPEAKER MILLER: Amended and laid

 

         15 over.

 

         16 COUNCIL CLERK CHERRY: Reports on the

 

         17 Committee on Health.

 

         18 Intro. 90-A.

 

         19 SPEAKER MILLER: Amended and coupled

 

         20 on General Order Calendar.

 

         21 COUNCIL CLERK CHERRY: Intro. 198-A.

 

         22 SPEAKER MILLER: Amended and coupled

 

         23 on the General Order Calendar.

 

         24 COUNCIL CLERK CHERRY: Reports on the

 

         25 Committee on Housing and Buildings.

 

 

 

 

 

 




                                                            105

 

 

          1 STATED COUNCIL MEETING

 

          2 Intro. 101-A.

 

          3 SPEAKER MILLER: Amended and coupled

 

          4 on the General Order Calendar.

 

          5 COUNCIL CLERK CHERRY: Preconsidered

 

          6 Reso 1211.

 

          7 SPEAKER MILLER: Coupled on the

 

          8 General Order Calendar.

 

          9 COUNCIL CLERK CHERRY: Reports on the

 

         10 Committee on Land Use.

 

         11 LU 489 and companion Reso 1219.

 

         12 SPEAKER MILLER: Coupled on the

 

         13 General Order Calendar.

 

         14 COUNCIL CLERK CHERRY: LU 513 and

 

         15 companion Reso 1220.

 

         16 SPEAKER MILLER: Coupled.

 

         17 COUNCIL CLERK CHERRY: LU 522 and

 

         18 companion Reso 1221.

 

         19 SPEAKER MILLER: Coupled.

 

         20 COUNCIL CLERK CHERRY: LU 528 and

 

         21 companion Reso 1222.

 

         22 SPEAKER MILLER: Coupled.

 

         23 COUNCIL CLERK CHERRY: LU 566 and

 

         24 companion Reso 1223.

 

         25 SPEAKER MILLER: Coupled.

 

 

 

 

 

 




                                                            106

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK CHERRY: LU 568 and

 

          3 companion Reso 1224.

 

          4 SPEAKER MILLER: Coupled.

 

          5 COUNCIL CLERK CHERRY: LU 572 and

 

          6 companion Reso 1225.

 

          7 SPEAKER MILLER: Coupled.

 

          8 COUNCIL CLERK CHERRY: LU 585 and

 

          9 companion Reso 1226.

 

         10 SPEAKER MILLER: Coupled.

 

         11 COUNCIL CLERK CHERRY: LU 586 and

 

         12 companion Reso 1227.

 

         13 SPEAKER MILLER: Coupled.

 

         14 COUNCIL CLERK CHERRY: LU 589 and

 

         15 companion Reso 1228.

 

         16 SPEAKER MILLER: Coupled.

 

         17 COUNCIL CLERK CHERRY: LU 590 and

 

         18 companion Reso 1229.

 

         19 SPEAKER MILLER: Coupled.

 

         20 COUNCIL CLERK CHERRY: LU 591 and

 

         21 companion Reso 1223.

 

         22 SPEAKER MILLER: Coupled.

 

         23 COUNCIL CLERK CHERRY: 1230.

 

         24 SPEAKER MILLER: Coupled.

 

         25 COUNCIL CLERK CHERRY: Correction.

 

 

 

 

 

 




                                                            107

 

 

          1 STATED COUNCIL MEETING

 

          2 LU 598 and companion 1231.

 

          3 SPEAKER MILLER: Coupled.

 

          4 COUNCIL CLERK CHERRY: LU 601 and

 

          5 companion Reso 1232.

 

          6 SPEAKER MILLER: Coupled.

 

          7 COUNCIL CLERK CHERRY: LU 602 and

 

          8 companion 1233.

 

          9 SPEAKER MILLER: Coupled.

 

         10 COUNCIL CLERK CHERRY: LU 603 and

 

         11 companion 1234.

 

         12 SPEAKER MILLER: Coupled.

 

         13 COUNCIL CLERK CHERRY: LU 609 and

 

         14 companion Reso 1235.

 

         15 SPEAKER MILLER: Coupled.

 

         16 COUNCIL CLERK CHERRY: LU 616 and

 

         17 companion Reso 1236.

 

         18 SPEAKER MILLER: Coupled.

 

         19 COUNCIL CLERK CHERRY: Preconsidered

 

         20 LU 632 and companion Reso 1237.

 

         21 SPEAKER MILLER: Coupled.

 

         22 COUNCIL CLERK CHERRY: Reports of the

 

         23 Committee on Mental Retardation, Mental Health,

 

         24 Alcoholism, Drug Abuse and disability services.

 

         25 Intro. 624.

 

 

 

 

 

 




                                                            108

 

 

          1 STATED COUNCIL MEETING

 

          2 SPEAKER MILLER: Coupled.

 

          3 COUNCIL CLERK CHERRY: Reports on the

 

          4 Committee on Rules, Privileges and Elections.

 

          5 M 778 and companion Reso 1238.

 

          6 SPEAKER MILLER: Coupled.

 

          7 COUNCIL CLERK CHERRY: M 780 and

 

          8 companion Reso 1239.

 

          9 SPEAKER MILLER: Coupled.

 

         10 COUNCIL CLERK CHERRY: Preconsidered M

 

         11 834 and companion Reso 1240.

 

         12 SPEAKER MILLER: Coupled.

 

         13 PUBLIC ADVOCATE GOTBAUM: General

 

         14 Order Calendar.

 

         15 COUNCIL CLERK CHERRY: Intro. 122-A.

 

         16 SPEAKER MILLER: Coupled on General

 

         17 Order Calendar.

 

         18 COUNCIL CLERK CHERRY: Intro. 581-A.

 

         19 SPEAKER MILLER: Coupled.

 

         20 COUNCIL CLERK CHERRY: Intro. 585-A.

 

         21 SPEAKER MILLER: Coupled.

 

         22 COUNCIL CLERK CHERRY: LU 583 and

 

         23 companion Reso 1241.

 

         24 SPEAKER MILLER: Coupled.

 

         25 COUNCIL CLERK CHERRY: LU 584 and

 

 

 

 

 

 




                                                            109

 

 

          1 STATED COUNCIL MEETING

 

          2 companion Reso 1242.

 

          3 SPEAKER MILLER: Coupled.

 

          4 COUNCIL CLERK CHERRY: Resolution

 

          5 appointing various persons Commissioner of Deeds.

 

          6 SPEAKER MILLER: Coupled on the

 

          7 General Order Calendar.

 

          8 At this point I'd ask the clerk to

 

          9 call the roll on all items coupled on the General

 

         10 Order Calendar.

 

         11 COUNCIL CLERK: Addabbo.

 

         12 COUNCIL MEMBER ADDABBO: Yes to all.

 

         13 COUNCIL CLERK: Avella.

 

         14 COUNCIL MEMBER AVELLA: Aye on all.

 

         15 COUNCIL CLERK: Baez.

 

         16 COUNCIL MEMBER BAEZ: Aye on all.

 

         17 COUNCIL CLERK: Barron.

 

         18 COUNCIL MEMBER BARRON:

 

         19 Enthusiastically aye on every last one of them.

 

         20 COUNCIL CLERK: Boyland.

 

         21 COUNCIL MEMBER BOYLAND: Aye on all.

 

         22 COUNCIL CLERK: Brewer.

 

         23 COUNCIL MEMBER BREWER: Aye on all.

 

         24 Congratulations to Bill Perkins.

 

         25 COUNCIL CLERK: Clarke.

 

 

 

 

 

 




                                                            110

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER CLARKE: Aye on all.

 

          3 COUNCIL CLERK: Comrie.

 

          4 COUNCIL MEMBER COMRIE: Aye on all.

 

          5 And I would remind the members to try

 

          6 and refrain their second speeches. Thank you very

 

          7 much.

 

          8 COUNCIL CLERK: DeBlasio.

 

          9 COUNCIL MEMBER DEBLASIO: Aye on all.

 

         10 COUNCIL CLERK: Dilan.

 

         11 COUNCIL MEMBER DILAN: Aye on all,

 

         12 except preconsidered Reso 1214, I vote no.

 

         13 COUNCIL CLERK: Felder.

 

         14 COUNCIL MEMBER FELDER: Yes. May I be

 

         15 excused to explain my vote?

 

         16 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         17 COUNCIL MEMBER FELDER: Thank you.

 

         18 I vote yes on everything and I'd like

 

         19 to again ask the head of the Rules Committee to put

 

         20 forth the suggestion about not allowing members like

 

         21 us to speak twice on the same issue.

 

         22 Thank you.

 

         23 COUNCIL CLERK: Fidler.

 

         24 COUNCIL MEMBER FIDLER: Aye on all.

 

         25 COUNCIL CLERK: Foster.

 

 

 

 

 

 




                                                            111

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER FOSTER: Madam Public

 

          3 Advocate, may I be excused to explain my vote?

 

          4 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          5 COUNCIL MEMBER FOSTER: Thank you.

 

          6 I rise to vote aye on all, but

 

          7 especially on Intro. 101-A, because when we talk

 

          8 about children, specifically we are talking about

 

          9 children of color who will one day sit in these very

 

         10 seats. And to Bill Perkins, I hope at the end of

 

         11 this meeting, when the tears are in your eyes,

 

         12 they're tears of joy because Intro. 101-A passed and

 

         13 we did our job and can look our maker in the face

 

         14 and say we saved our children.

 

         15 Thank you.

 

         16 COUNCIL CLERK: Gallagher.

 

         17 COUNCIL MEMBER GALLAGHER: Madam

 

         18 Public Advocate, may I be temporarily excused to

 

         19 explain my vote?

 

         20 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         21 COUNCIL MEMBER GALLAGHER: I'm going

 

         22 to be voting no on Intro. 101-A, and preconsidered

 

         23 Reso 1211. No on Intro. 38-A, and No on Intro.

 

         24 585-A, and that's the right to know legislation.

 

         25 In doing so, I say that the problems

 

 

 

 

 

 




                                                            112

 

 

          1 STATED COUNCIL MEETING

 

          2 that I've had in my community with the right to know

 

          3 is not enough notice to the various members that

 

          4 have to know that they have to file. Too often it

 

          5 seems that many of our local businesses are forced

 

          6 to file with the Department of Environmental

 

          7 Protection, also with the Fire Department and they

 

          8 pay fees and multiple fees to multiple City

 

          9 agencies. So, therefore, I am voting no on that with

 

         10 the hope that we can get rid of the duplication in

 

         11 billing to small businesses in the City of New York.

 

         12 In addition, I want to say that I'm

 

         13 very proud to vote yes on Intro. 198-A. I think it's

 

         14 an excellent law and I commend the sponsors, my

 

         15 Council colleagues.

 

         16 Thank you, Madam Public Advocate.

 

         17 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

         18 Council Member.

 

         19 COUNCIL MEMBER GALLAGHER: Oh, and I

 

         20 vote aye on all others.

 

         21 COUNCIL CLERK: Gennaro.

 

         22 COUNCIL MEMBER GENNARO: Madam Public

 

         23 Advocate, I wish to be temporarily excused.

 

         24 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         25 COUNCIL MEMBER GENNARO: Thank you.

 

 

 

 

 

 




                                                            113

 

 

          1 STATED COUNCIL MEETING

 

          2 I wish to thank the Speaker and

 

          3 Councilwoman Provenzano and Councilman Perkins and

 

          4 sponsors of Intro. 101, and particularly Stan

 

          5 Michels for his work on this issue.

 

          6 I also would like to thank all of my

 

          7 colleagues for supporting the bills coming out of my

 

          8 committee today, all three of them, including Intro.

 

          9 191 on low sulfur diesel.

 

         10 And regarding Intro. 101-A, I wish to

 

         11 be associated with the remarks of Council Member

 

         12 Fidler.

 

         13 COUNCIL CLERK: Gentile.

 

         14 COUNCIL MEMBER GENTILE: Aye on all.

 

         15 COUNCIL CLERK: Gerson.

 

         16 COUNCIL MEMBER GERSON: May I be

 

         17 excused to explain my vote, on a different issue

 

         18 than I addressed earlier?

 

         19 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         20 COUNCIL MEMBER GERSON: Yes, Madam

 

         21 Public Advocate, I just want to take a moment to

 

         22 thank Council Member Katz and Council Member Avella

 

         23 as chairs of our Land Use Committee and Subcommittee

 

         24 respectively and Gale Benjamin and Chris Colins and

 

         25 the entire Land Use staff for their hard work on two

 

 

 

 

 

 




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          1 STATED COUNCIL MEETING

 

          2 very important Land Use items related to the special

 

          3 manufacturing districts of SoHo and NoHo.

 

          4 Very briefly, these resolutions

 

          5 protect or help protect our arts uses in those

 

          6 communities, and by establishing a special permit

 

          7 process with the stated purpose of using the process

 

          8 to protect arts activities in these communities, we

 

          9 set a very important precedent Citywide, which I

 

         10 hope we will build on in our next session, and that

 

         11 is to establish arts activities and cultural

 

         12 activities throughout all of our five boroughs in

 

         13 appropriate locations as protected Land Use

 

         14 categories.

 

         15 We know how the arts revitalize our

 

         16 neighborhood in order to preserve their full

 

         17 potential, we cannot treat them, artists as nomads

 

         18 where we force them along after they revitalize our

 

         19 communities. We need to create arts community zoning

 

         20 and this is the first step towards it.

 

         21 Again, Council Member Katz and

 

         22 Avella, the entire staff, thank you very, very, very

 

         23 much for your consideration of the situation in SoHo

 

         24 and NoHo.

 

         25 Madam Public Advocate, I am proud to

 

 

 

 

 

 




                                                            115

 

 

          1 STATED COUNCIL MEETING

 

          2 vote aye on all.

 

          3 PUBLIC ADVOCATE GOTBAUM: Could I ask

 

          4 the gallery, please, to keep the buzz down when

 

          5 Council members are talking? Thank you.

 

          6 COUNCIL CLERK: Gioia.

 

          7 COUNCIL MEMBER GIOIA: I vote yes and

 

          8 I request unanimous consent to vote yes on all

 

          9 previous call-ups. Thank you.

 

         10 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         11 COUNCIL CLERK: Gonzalez.

 

         12 COUNCIL MEMBER GONZALEZ: Madam

 

         13 Advocate, permission to explain my vote.

 

         14 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         15 COUNCIL MEMBER GONZALEZ: I fell in

 

         16 love with the lead bill before I was Council member,

 

         17 and that was quite some time ago. I didn't even know

 

         18 the number to the bill. But I do want to say that

 

         19 there are many, many hearings that we have here in

 

         20 this Council, and, no, I have not attended every

 

         21 hearing, it's impossible. But you know what? I take

 

         22 the material home and I read it and I go over it,

 

         23 and I went back and forth with this bill. But I knew

 

         24 that this was the best that we had, and, so,

 

         25 therefore, today I am very proud to be able to vote

 

 

 

 

 

 




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          1 STATED COUNCIL MEETING

 

          2 for the people in New York City, especially the

 

          3 children, for all those children that have been hurt

 

          4 because of the lead poisoning and hopefully that we

 

          5 will be able to protect them in the future. For my

 

          6 district and the for the City of New York, today I'm

 

          7 proud to vote aye.

 

          8 COUNCIL CLERK: Jackson.

 

          9 COUNCIL MEMBER JACKSON: Yes.

 

         10 COUNCIL CLERK: James.

 

         11 COUNCIL MEMBER JAMES: Yes on all.

 

         12 COUNCIL CLERK: Jennings.

 

         13 COUNCIL MEMBER JENNINGS: Madam Public

 

         14 Advocate, I would like permission not to speak.

 

         15 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         16 COUNCIL MEMBER JENNINGS: Aye on all.

 

         17 COUNCIL CLERK: Katz.

 

         18 COUNCIL MEMBER KATZ: I vote aye on

 

         19 all, Madam Public Advocate. And just so it doesn't

 

         20 get lost in the importance of the day today, I would

 

         21 just like to congratulate Council Member Brewer and

 

         22 Quinn on the electronic death registry.

 

         23 I understand with the importance of

 

         24 today it might have gotten lost, the fact of the

 

         25 matter is, today we did a big step in helping out