1

 

 

          1

 

          2 CITY COUNCIL

 

          3

             CITY OF NEW YORK

          4

             -------------------------------x

          5

             THE TRANSCRIPT OF THE MINUTES

          6

                      of the

          7

             STATED COUNCIL MEETING

          8

             -------------------------------x

          9

 

         10

                            February 4, 2004

         11 Start: 1:15 p.m.

                            Recess: 3:15 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 Latitia 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

 

          7

 

          8

 

          9

 

         10

 

         11

 

         12

 

         13

 

         14

 

         15

 

         16

 

         17

 

         18

 

         19

 

         20

 

         21

 

         22

 

         23

 

         24

 

         25

 

 

 

 

 

 




                                                            4

 

 

          1 STATED COUNCIL MEETING

 

          2 SPEAKER MILLER: Council Member

 

          3 Addabbo, I know you have some special guests who are

 

          4 here with us today who we're honoring, I'd love it

 

          5 if you would bring them forward.

 

          6 COUNCIL MEMBER ADDABBO: Thank you,

 

          7 Mr. Speaker. Good afternoon.

 

          8 I don't care what the groundhog said,

 

          9 I think spring is right around the corner, and with

 

         10 spring comes spring training, and with spring

 

         11 training comes opening day, and today we may have,

 

         12 Mr. Speaker, some future stars. And I want to go up

 

         13 front and congratulate 2003's New York City

 

         14 ten-year-old division champions from The Ozone

 

         15 Howard Little League.

 

         16 Ozone Howard Little League is one of

 

         17 the oldest little leagues in the City, and today we

 

         18 are blessed to have, again these future stars,

 

         19 ten-year-old New York City champions from 2003. And

 

         20 to the team, to the coaches, to the league, I

 

         21 congratulate you for being a positive influence, not

 

         22 only in our area but also throughout the City.

 

         23 So, thank you very much for being

 

         24 here.

 

         25 SPEAKER MILLER: If we could have the

 

 

 

 

 

 




                                                            5

 

 

          1 STATED COUNCIL MEETING

 

          2 Clerk read the proclamation, that would be great.

 

          3 CITY CLERK ROBLES: The Council, City

 

          4 of New York, Proclamation.

 

          5 Whereas: The Council of the City of

 

          6 New York is proud and pleased to honor both the

 

          7 Ozone Howard Little League Organization, as well as

 

          8 The Mites -- a team from its 10-Year-Old Division -

 

          9 whose fine playing and spirit of teamwork has made

 

         10 the borough of Queens very proud; and

 

         11 Whereas: Ozone Howard Little League

 

         12 has been in existence for the last twenty-five

 

         13 years; and

 

         14 Whereas: The League provides

 

         15 supervised, instructional baseball and softball for

 

         16 the young men and women of Ozone Park, Howard Beach

 

         17 and Lindenwood; and

 

         18 Whereas: For the last 25 years the

 

         19 Ozone Howard Little League has served over 1,500

 

         20 young people each season; and

 

         21 Whereas: The League helps instill

 

         22 community service among its athletes by holding

 

         23 field days for local schools, special festival days

 

         24 for handicapped children, and hosting the annual

 

         25 prom for severely challenged multi-handicapped

 

 

 

 

 

 




                                                            6

 

 

          1 STATED COUNCIL MEETING

 

          2 teenagers; and

 

          3 Whereas: One of the league's teams --

 

          4 the Ozone Howard Mites -- won District 27 Flag on

 

          5 July 17th, the NYC Championship on July 22nd and

 

          6 then went to Albany placing as a runner-up in the

 

          7 State Championships; and

 

          8 Whereas: Coaches John Midden, Paul

 

          9 Iddlemiss, Anthony Cammarata and Jimmy Russo

 

         10 exemplify the best of the Ozone Howard Little League

 

         11 and the spirit of volunteerism; and

 

         12 Whereas: Athletes Alex Midden,

 

         13 Alexander Middlemiss, Sean Cammerata, James Russo,

 

         14 Frankie Kaplan, John Rainone, Joe Gangi, Vinny

 

         15 Gatto, James Passarella, Scott Hounsell and David

 

         16 Delgiorno demonstrated not only skilled ball playing

 

         17 but outstanding sportsmanship as members of the

 

         18 winning Mites; now, therefore

 

         19 Be It Known: That the Council of the

 

         20 City of New York most gratefully honors THE OZONE

 

         21 HOWARD LITTLE LEAGUE and THE MITES, ITS 10-YEAR-OLD

 

         22 DIVISION CHAMPS for their outstanding contributions

 

         23 to our community through their dedicated leadership

 

         24 and commitment to teach not only the game of

 

         25 baseball, but also more importantly the value of

 

 

 

 

 

 




                                                            7

 

 

          1 STATED COUNCIL MEETING

 

          2 good sportsmanship.

 

          3 Signed this 4th day of February in

 

          4 the year Two Thousand and Four, Gifford Miller,

 

          5 Speaker for the Entire Council; Joseph Addabbo, Jr.,

 

          6 Council Member, 32nd District, Queens.

 

          7 SPEAKER MILLER: Gentlemen, we're very

 

          8 proud of all of you. Congratulations on your

 

          9 success. We look forward to many big things, and,

 

         10 you know, being a Yankee fan, I hope you all join

 

         11 the Yankees. I know that's probably unpopular with

 

         12 the team, but there it is, I've got to stick with my

 

         13 colors.

 

         14 Coach, we'd be very grateful if you'd

 

         15 say a few words on behalf of the team.

 

         16 COACH: Thank you, Speaker Miller,

 

         17 Joe, we're forever grateful for what you did for

 

         18 these kids. It was tremendous fun. I'd like to thank

 

         19 all the parents for their support, and the kids, it

 

         20 was just a great time, we had a good run.

 

         21 I'd like to thank one gentleman who

 

         22 is not with us anymore, Pat Alocca, who was

 

         23 basically the founder of this team. Thank you.

 

         24 SPEAKER MILLER: Oh, I get a ball?

 

         25 COACH: You get an autographed ball

 

 

 

 

 

 




                                                            8

 

 

          1 STATED COUNCIL MEETING

 

          2 from the team, and hopefully one day, you never

 

          3 know, the next Micky Mantle may be on there.

 

          4 SPEAKER MILLER: Absolutely.

 

          5 COACH: You never know. You never

 

          6 know.

 

          7 SPEAKER MILLER: I'm very honored.

 

          8 Thank you all.

 

          9 I'm going to put it in glass. I've

 

         10 got it right down right next to the ball I threw out

 

         11 at the Yankee Stadium, first one. Right next to that

 

         12 one. Thank you very much. I'm honored. Coming back

 

         13 next year, absolutely, with the 11-year-olds.

 

         14 Parents, thank you all for being here.

 

         15 Congratulations to you.

 

         16 Council Member Weprin.

 

         17 COUNCIL MEMBER WEPRIN: Okay.

 

         18 SPEAKER MILLER: I know Council Member

 

         19 Weprin has an extraordinarily honored guest who is

 

         20 here. Let me just turn the mic over to you, Council

 

         21 Member Weprin, so that you can introduce our guest.

 

         22 COUNCIL MEMBER WEPRIN: Okay, we have

 

         23 a very honored guest. Can I ask the whole delegation

 

         24 to come up? Morris Baldinger, with his wife

 

         25 Charlotte, who is president of Hollis Park Nursing

 

 

 

 

 

 




                                                            9

 

 

          1 STATED COUNCIL MEETING

 

          2 Home. Aroleo, Gina Gargano, Irving Manning, and

 

          3 Bernard and Enid Scott.

 

          4 SPEAKER MILLER: Do we have a

 

          5 proclamation?

 

          6 COUNCIL MEMBER WEPRIN: Yes, we do.

 

          7 SPEAKER MILLER: Here it is.

 

          8 All right, if the Clerk could read

 

          9 the proclamation.

 

         10 CITY CLERK ROBLES: The Council, City

 

         11 of New York, Proclamation.

 

         12 Whereas: The Council of the City of

 

         13 New York is pleased and proud to join family,

 

         14 friends and staff of the Hollis Park Manor Nursing

 

         15 Home as they recognize and celebrate the life and

 

         16 accomplishments of one of its most distinguished

 

         17 residents, 110 year old Maud Scott; and

 

         18 Whereas: We are a City made strong by

 

         19 the efforts of individuals who give exemplary

 

         20 service to the community, whether through

 

         21 participation in volunteer programs, through unique

 

         22 personal achievement in their professional or other

 

         23 endeavors, or through a lifetime of good citizenry;

 

         24 and

 

         25 Whereas: Today, we come together to

 

 

 

 

 

 




                                                            10

 

 

          1 STATED COUNCIL MEETING

 

          2 honor Maud Scott, a woman of exceptional strength,

 

          3 character and dignity who has the singular

 

          4 distinction of living a life that has spanned three

 

          5 centuries and is still here to tell her story; and

 

          6 Whereas: On January 26th, 1894, Maud

 

          7 Scott was born in the borough of Brooklyn to Mary

 

          8 and Charles Hicks, two people endowed with strong

 

          9 African-American and Shinnecock Indian ancestry that

 

         10 provided Maud throughout her life with a sense of

 

         11 purpose and a spirited determination to succeed; and

 

         12 Whereas: A woman of great integrity

 

         13 and strong character, Maud married Bernard Scott,

 

         14 had three children, Bernard, Stanley and Irving, who

 

         15 in turn have blessed her with five grandchildren and

 

         16 two great-grandchildren; and

 

         17 Whereas: Maud Scott has a sharp sense

 

         18 of humor and a fierce intensity to explore life; she

 

         19 wrote her first poem at age 95, continues to write

 

         20 poetry, and has served as the oldest living

 

         21 participant in the Lift Up the World Program, a

 

         22 project that seeks to identify and honor people who

 

         23 have inspired the world; and

 

         24 Whereas: In over one hundred years of

 

         25 living, Maud Scott has inspired others with her

 

 

 

 

 

 




                                                            11

 

 

          1 STATED COUNCIL MEETING

 

          2 ebullience, her warmth, her bright spirit and her

 

          3 true zest for life; she is loved deeply by family

 

          4 and friends and has shown us all quite beautifully

 

          5 that age is only a state of mind; now, therefore

 

          6 Be It Known: That the Council of the

 

          7 City of New York honors MAUD SCOTT for her wonderful

 

          8 contributions to our City, and joins with her family

 

          9 and friends in celebrating her life and enduring

 

         10 legacy.

 

         11 Signed this 4th day of February in

 

         12 the year Two Thousand and Four, Gifford Miller,

 

         13 Speaker for the Entire Council; David I. Weprin,

 

         14 Council Member, 23rd District, Queens.

 

         15 COUNCIL MEMBER WEPRIN: We believe

 

         16 that Mrs. Scott is the oldest resident of New York

 

         17 State, and she's lived in New York City all 110

 

         18 years. She stopped smoking at 80, because she was

 

         19 worried about her health, and a sister of her had

 

         20 some problems with smoking, so she decided to stop

 

         21 smoking at 80. She took up poetry at 95, and we're

 

         22 going to ask her to do a poem for us called "Artie

 

         23 Boy," that I believe she knows by heart.

 

         24 Can you do "Artie Boy"?

 

         25 MRS. SCOTT: Is the mic on?

 

 

 

 

 

 




                                                            12

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER WEPRIN: Yes.

 

          3 MRS. SCOTT: My little brother Arthur,

 

          4 my mother's pride and joy;

 

          5 She worships the ground he walks

 

          6 upon, and calls him Artie Boy;

 

          7 By bouncing him upon her knee, she

 

          8 turns around and says to me, "don't forget MaryJane,

 

          9 you're my pet, and I love you both the same.

 

         10 SPEAKER MILLER: Oh, that's beautiful.

 

         11 COUNCIL MEMBER WEPRIN: Started poetry

 

         12 at 95.

 

         13 SPEAKER MILLER: Mrs. Scott, we're so

 

         14 honored to have you here. Congratulations on all

 

         15 your achievements and for all you've done for our

 

         16 City, and thank you to everyone else who came down

 

         17 to be a part of this very, very historic moment.

 

         18 Thank you.

 

         19 Thank you all very much.

 

         20 Congratulations, Mrs. Scott. Thank you very much for

 

         21 being with us.

 

         22 MRS. SCOTT: Okay.

 

         23 SPEAKER MILLER: Council Member Hiram

 

         24 Monserrate is here and has brought a number of

 

         25 guests.

 

 

 

 

 

 




                                                            13

 

 

          1 STATED COUNCIL MEETING

 

          2 Special honoree. I'd like you to

 

          3 introduce our honoree.

 

          4 COUNCIL MEMBER MONSERRATE: Thank you,

 

          5 Mr. Speaker.

 

          6 Larry? Why don't you come on up,

 

          7 Larry. Larry is going to present this with me, Mr.

 

          8 Speaker.

 

          9 SPEAKER MILLER: Okay.

 

         10 COUNCIL MEMBER MONSERRATE: From the

 

         11 Borough of the Bronx, Larry Seabrook.

 

         12 I have the pleasure and honor of

 

         13 bringing to the front Mr. David Londin and his

 

         14 party. Please come on up, Mr. David Londin.

 

         15 Straight from the multi-circle. Come

 

         16 on up, Mr. David Londin. You're the center of

 

         17 attention for these few moments of City Hall.

 

         18 Our Speaker Miller.

 

         19 SPEAKER MILLER: Thank you for

 

         20 introducing our guests, and if we could have the

 

         21 clerk read the proclamation.

 

         22 CITY CLERK ROBLES: The Council, City

 

         23 of New York, Proclamation.

 

         24 Whereas: The Council of the City of

 

         25 New York is pleased and proud to honor David Londin

 

 

 

 

 

 




                                                            14

 

 

          1 STATED COUNCIL MEETING

 

          2 for his exceptional contributions to the senior

 

          3 community; and

 

          4 Whereas: Seniors are important

 

          5 members of society, individuals whose contributions

 

          6 have helped shape and inform the modern world;

 

          7 across the decades and throughout the defining

 

          8 moments of the 20th century, we have all been

 

          9 enriched by the legacy of the senior community, a

 

         10 legacy which has ensured the safety, progress and

 

         11 prosperity of our great country for generations to

 

         12 come; and

 

         13 Whereas: Today, we proudly honor Mr.

 

         14 David Londin, a man who has worked in the field of

 

         15 aging for more than two decades, during which time

 

         16 he has dedicated himself to expanding the notions of

 

         17 what senior services can and should be; and

 

         18 Whereas: David Londin is currently

 

         19 the Executive Director of the Workmen's Circle

 

         20 MultiCare Center, an organization which promotes the

 

         21 well-being of the elderly through a broad array of

 

         22 social services; and

 

         23 Whereas: David Londin's tireless work

 

         24 on behalf of the senior community is truly

 

         25 impressive:

 

 

 

 

 

 




                                                            15

 

 

          1 STATED COUNCIL MEETING

 

          2 Among his accomplishments, his

 

          3 leadership was the driving force behind a $68

 

          4 million total renovation and modernization of the

 

          5 Center. During his tenure, fundraising efforts have

 

          6 broadened and several hugely successful events were

 

          7 initiated; and

 

          8 Whereas: David Londin is a man of

 

          9 integrity, depth and dimension who leads by example.

 

         10 His credo: "The resident always comes first," is

 

         11 communicated to all levels of staff and implemented

 

         12 in ways that have improved the quality of life for

 

         13 countless individuals; for his dedication and

 

         14 contributions, Mr. Londin has received recognition

 

         15 and high honors, including being named UJA Man of

 

         16 the Year, 1991; the Workmen's Circle MultiCare

 

         17 Center Leadership Award, 1997; and a Workman's

 

         18 Circle MultiCare Center Family Council Man of the

 

         19 Year Award in 1998; and

 

         20 David Londin's contributions to the

 

         21 senior community over the years have been truly

 

         22 inestimable; he has helped show our City that all

 

         23 seniors should be treated with the care, dignity and

 

         24 respect they so rightfully deserve; now, therefore

 

         25 Be It Known: That the Council of the

 

 

 

 

 

 




                                                            16

 

 

          1 STATED COUNCIL MEETING

 

          2 City of New York honors DAVID LONDIN for his

 

          3 outstanding contributions to the senior community of

 

          4 our City.

 

          5 Signed this 4th day of February in

 

          6 the year Two Thousand and Four, Gifford Miller,

 

          7 Speaker for the Entire Council; Hiram Monserrate,

 

          8 Council Member, 21st District, Queens.

 

          9 SPEAKER MILLER: Thank you. David,

 

         10 we're very honored to have you here with us, and

 

         11 thank you for all you've done for our City and we

 

         12 would be pleased if you would say a few words.

 

         13 MR. LONDIN: Thank you very much.

 

         14 First of all, to the youth of

 

         15 America, the baseball team, that's a great job by

 

         16 them, and certainly what better moment for me to be

 

         17 here caring for the elderly than to be with someone

 

         18 like Mrs. Scott who has achieved a tremendous,

 

         19 tremendous honor. Congratulations to you and the

 

         20 fine nursing home that you're there, that you come

 

         21 from.

 

         22 The Workmen's Circle Multicare Center

 

         23 is the nursing home that I've had the pleasure to be

 

         24 in charge of for over 20 years. It's a great home

 

         25 with great staff, for my son Bradley to be here and

 

 

 

 

 

 




                                                            17

 

 

          1 STATED COUNCIL MEETING

 

          2 Gale and Elaina Zeretski, it's indeed an honor to

 

          3 me, and for my whole family and to the patience, I

 

          4 thank you very much.

 

          5 SPEAKER MILLER: Thank you very much.

 

          6 Council Member McMahon. I know you

 

          7 have a couple of very special honored guests. Would

 

          8 you like to bring them forward for us?

 

          9 COUNCIL MEMBER McMAHON: Mr. Speaker,

 

         10 and my colleagues in the Council and ladies and

 

         11 gentlemen, if we could have your attention for a

 

         12 moment?

 

         13 This is a very important presentation

 

         14 that we're going to make here this afternoon. We

 

         15 learned, Mr. Speaker, through the events of

 

         16 September 11th, we were reminded as a society that

 

         17 there are men and women who live next to us who work

 

         18 among us who at a moment's notice could become

 

         19 heroes.

 

         20 Mr. Speaker, we learned that heroes

 

         21 are ordinary people, who in any given moment or time

 

         22 do extraordinary things and show extraordinary

 

         23 courage to save the lives of others, and that is

 

         24 certainly the case of Sergeant Scott Nichols, and

 

         25 Police Officer Mark DiPilato, who are here with us

 

 

 

 

 

 




                                                            18

 

 

          1 STATED COUNCIL MEETING

 

          2 this afternoon.

 

          3 Just this December while they were

 

          4 patrolling in the New Brighton section of my

 

          5 district on the North Shore of Staten Island --

 

          6 could I have everyone's attention, please?

 

          7 While they were on tour the Sunday

 

          8 morning in early December last year, they noticed in

 

          9 a commercial building, in a taxpayer building smoke

 

         10 coming from the top floor, and without thinking

 

         11 about life or limb, or without thinking about

 

         12 anything except their duties to serve and protect

 

         13 people of the City of New York, they raced into that

 

         14 burning building and saved many lives. And it was

 

         15 through their act of heroism, because the Fire

 

         16 Department, although responded quickly, would not

 

         17 have been there in time, Sergeant Nichols and

 

         18 DiPilato saved lives that day without worrying about

 

         19 their own. They reminded us once again that the men

 

         20 and women of the New York City Police Department are

 

         21 just those heroes. They're ordinary people. They are

 

         22 ordinary people who want to give a moment for

 

         23 extraordinary things, and we're proud that Police

 

         24 Officer DiPilato has his son Mark with him today,

 

         25 who is going to be a very good Councilman some day,

 

 

 

 

 

 




                                                            19

 

 

          1 STATED COUNCIL MEETING

 

          2 and his mom Anna DiPilato, who is with me. Sergeant

 

          3 Nichols, who has been on the force 19 years, Police

 

          4 Officer DiPilato seven years, Sergeant Nichols is

 

          5 joined by his wife, JC, and his three children,

 

          6 Christopher, Matthew and Jenna, the beautiful young

 

          7 girl there.

 

          8 So, ladies and gentlemen, let's hear

 

          9 it for our heroes in New York City.

 

         10 SPEAKER MILLER: Thank you, Michael.

 

         11 If we could have the clerk read the proclamation.

 

         12 CITY CLERK ROBLES: Whereas: The

 

         13 Council of the City of New York is proud and pleased

 

         14 to honor New York City Police Officer Scott Nicholls

 

         15 for his meritorious service and distinguished valor

 

         16 in the line of duty; and

 

         17 Whereas: Saving a life is perhaps the

 

         18 greatest gift one individual can give to another; it

 

         19 is an accomplishment worthy of the utmost honor,

 

         20 praise and recognition; and

 

         21 Whereas: New York City Police

 

         22 Sergeant Scott Nicholls is one such individual whose

 

         23 presence of mind and heroics helped save another's

 

         24 life; and

 

         25 Whereas: On November 30th, 2003,

 

 

 

 

 

 




                                                            20

 

 

          1 STATED COUNCIL MEETING

 

          2 Sergeant Scott Nicholls along with Officer DiPilato

 

          3 were on community patrol in the New Brighton section

 

          4 of Staten Island when they spotted smoke pouring out

 

          5 of a three-story building; and

 

          6 Whereas: After learning that a family

 

          7 was asleep on the third floor, these two police

 

          8 officers rushed into action, broke down the

 

          9 apartment door, woke everyone up and in a

 

         10 coordinated effort guided them to safety; and

 

         11 Whereas: At great risk to his own

 

         12 person safety, Sergeant Scott Nicholls demonstrated

 

         13 tremendous calm under extremely difficult

 

         14 conditions, and in doing so helped save the lives of

 

         15 six people; and

 

         16 Whereas: Today we honor New York City

 

         17 Sergeant Scott Nicholls for his courage, his quick

 

         18 thinking, and his commitment to ensuring the safety

 

         19 of our citizens. Without his timely intervention,

 

         20 the consequences for these individuals might have

 

         21 been fatal; and

 

         22 Whereas: New York City Police

 

         23 Officers have always worked diligently for all the

 

         24 citizens of our great City and, as this rescue

 

         25 shows, are well and rightfully known as New York's

 

 

 

 

 

 




                                                            21

 

 

          1 STATED COUNCIL MEETING

 

          2 Finest; now, therefore

 

          3 Be It Known: That the Council of the

 

          4 City of New York honors SERGEANT SCOTT NICHOLLS, for

 

          5 his courage, compassion, and heroism.

 

          6 Signed this 4th day of February in

 

          7 the year Two Thousand and Four, Gifford Miller,

 

          8 Speaker for the Entire Council; Michael McMahon,

 

          9 Council member, 49th District, Staten Island.

 

         10 CITY CLERK ROBLES: The Council, City

 

         11 of New York, Proclamation.

 

         12 Whereas: The Council of the City of

 

         13 New York is proud and pleased to honor New York City

 

         14 Police Officer Mark DiPilato for his meritorious

 

         15 service and distinguished valor in the line of duty;

 

         16 and

 

         17 Whereas: Saving a life is perhaps the

 

         18 greatest gift one individual can give to another; it

 

         19 is an accomplishment worthy of the utmost honor,

 

         20 praise and recognition; and

 

         21 Whereas: New York City Police Officer

 

         22 Mark DiPilato is one such individual whose presence

 

         23 of mind and heroics helped safe another's life; and

 

         24 Whereas: On November 30th, 2003,

 

         25 Officer DiPilato along with Sgt. Scott Nicholls were

 

 

 

 

 

 




                                                            22

 

 

          1 STATED COUNCIL MEETING

 

          2 on community patrol in the New Brighton section of

 

          3 Staten Island when they spotted smoke pouring out of

 

          4 a three-story building; and

 

          5 Whereas: After learning that a family

 

          6 was asleep on the third floor, these two police

 

          7 officers rushed into action, broke down the

 

          8 apartment door, woke everyone up and in a

 

          9 coordinated effort guided them to safety; and

 

         10 Whereas: At great risk to his own

 

         11 personal safety, Officer Mark DiPilato demonstrated

 

         12 tremendous calm under extremely difficult

 

         13 conditions, and in doing so helped save the lives of

 

         14 six people; and

 

         15 Whereas: Today we honor New York City

 

         16 Police Officer Mark DiPilato for his courage, his

 

         17 quick thinking, and his commitment to ensuring the

 

         18 safety of our citizens. Without his timely

 

         19 intervention, the consequences for these individuals

 

         20 might have been fatal; and

 

         21 Whereas: New York City Police

 

         22 Officers have always worked diligently for all the

 

         23 citizens of our great City and, as this rescue

 

         24 shows, are well and rightfully known as New York's

 

         25 Finest; now, therefore

 

 

 

 

 

 




                                                            23

 

 

          1 STATED COUNCIL MEETING

 

          2 Be It Known: That the Council of the

 

          3 City of New York honors POLICE OFFICER MARK DiPILATO

 

          4 for his courage, compassion, and heroism.

 

          5 Signed this 4th day of February in

 

          6 the year Two Thousand and Four, Gifford Miller,

 

          7 Speaker for the Entire Council; Michael McMahon,

 

          8 Council Member, 49th District, Staten Island.

 

          9 SPEAKER MILLER: Gentlemen, we are

 

         10 indeed honored to have you here with us today, and

 

         11 thank you for your service to our City every day,

 

         12 but particularly on that day in question, and we

 

         13 would be honored if you would say a few words.

 

         14 POLICE OFFICER DiPILATO: I'm just

 

         15 glad that we happened to be in the right place at

 

         16 the right time and saved the six people. I'd like to

 

         17 thank my family for their support.

 

         18 SERGEANT NICHOLLS: I'd just like to

 

         19 thank everyone here today. Thank you very much. We

 

         20 appreciate all the accolades. Thank you.

 

         21 SPEAKER MILLER: Thank you. Thank you,

 

         22 both, gentlemen. We really are honored to have you,

 

         23 and thank you for our service to our City.

 

         24 Congratulations.

 

         25 My friends, we have another series of

 

 

 

 

 

 




                                                            24

 

 

          1 STATED COUNCIL MEETING

 

          2 three heroes that are here today, also police

 

          3 officers and detectives, who in a time of crisis

 

          4 threw themselves into the crisis and saved a woman's

 

          5 life, a woman who was a despondent woman who was

 

          6 threatening a suicide jump from the Brooklyn Bridge.

 

          7 I'd like to ask Police Officer Mike

 

          8 Bazerman, who is known to all of us down here at

 

          9 City Hall, Mike, please come forward.

 

         10 Also, Detective Angel Serrano, and

 

         11 Police Officer Rafael Martinez, come forward

 

         12 gentlemen. Thank you so much. And of course, their

 

         13 families as well, please come forward.

 

         14 We are indeed incredibly honored to

 

         15 have you with us here.

 

         16 So, if we could have the clerk read

 

         17 the proclamation, we would be very honored.

 

         18 CITY CLERK ROBLES: The Council, City

 

         19 of New York, Proclamation.

 

         20 Whereas: The Council of the City of

 

         21 New York is proud and pleased to honor New York City

 

         22 Police Officer Michael R. Bazerman for his

 

         23 meritorious service and distinguished valor in the

 

         24 line of duty; and

 

         25 Whereas: Saving a life is perhaps the

 

 

 

 

 

 




                                                            25

 

 

          1 STATED COUNCIL MEETING

 

          2 greatest gift one individual can give to another; it

 

          3 is an accomplishment worthy of the utmost honor,

 

          4 praise and recognition; and

 

          5 Whereas: Police Officer Michael R.

 

          6 Bazerman is one such individual; he is a man whose

 

          7 presence of mind and quick thinking helped save

 

          8 another's life; and

 

          9 Whereas: Officer Bazerman, a member

 

         10 of the New York City Police Department since June

 

         11 1995, and currently on the Municipal Security Unit

 

         12 at City Hall, is credited with saving the life of a

 

         13 despondent woman who was threatening a suicide jump

 

         14 from the Brooklyn Bridge; and

 

         15 Whereas: When fellow officer Rafael

 

         16 Martinez's attempts failed to induce this woman to

 

         17 change her mind, Police Officer Bazerman, along with

 

         18 Police Officer Martinez and Detective Angel Serrano,

 

         19 took immediate action at risk of grave personal

 

         20 injury, and pulled the woman to safety; and

 

         21 Whereas: Today we honor Police

 

         22 Officer Michael R. Bazerman, whose efforts

 

         23 undoubtedly saved another's life, without his timely

 

         24 intervention, the consequences for this woman might

 

         25 have been fatal; and

 

 

 

 

 

 




                                                            26

 

 

          1 STATED COUNCIL MEETING

 

          2 Whereas: New York City Police

 

          3 Officers have always worked diligently for all the

 

          4 citizens of our great City and, as this rescue

 

          5 shows, are well and rightfully known as New York's

 

          6 Finest; now, therefore

 

          7 Be It Known: That the Council of the

 

          8 City of New York honors POLICE OFFICER MICHAEL R.

 

          9 BAZERMAN for his courage, compassion, and

 

         10 determination in saving another's life.

 

         11 Signed this 4th day of February in

 

         12 the year Two Thousand and Four, Gifford Miller,

 

         13 Speaker for the Entire Council.

 

         14 CITY CLERK ROBLES: Whereas: The

 

         15 Council of the City of New York is proud and pleased

 

         16 to honor New York City Police Detective Angel

 

         17 Serrano for his meritorious service and

 

         18 distinguished valor in the line of duty; and

 

         19 Whereas: Saving a life is perhaps the

 

         20 greatest gift one individual can give to another; it

 

         21 is an accomplishment worthy of the utmost honor,

 

         22 praise and recognition; and

 

         23 Whereas: New York City Police

 

         24 Detective Angel Serrano is one such individual whose

 

         25 presence of mind and quick thinking helped save

 

 

 

 

 

 




                                                            27

 

 

          1 STATED COUNCIL MEETING

 

          2 another's life; and

 

          3 Whereas: Detective Serrano, a member

 

          4 of the New York City Police Department since July,

 

          5 1996, is credited, along with fellow NYPD officers

 

          6 Rafael A. Martinez and Michael R. Bazerman, with

 

          7 helping to save the life of a despondent woman who

 

          8 was threatening a suicide jump from the Brooklyn

 

          9 Bridge; and

 

         10 Whereas: When their efforts failed to

 

         11 induce this woman to change her mind, Police

 

         12 Officers Martinez and Bazerman, along with Detective

 

         13 Serrano, took immediate action at risk of grave

 

         14 personal injury, and pulled the woman to safety; and

 

         15 Whereas: Today we honor New York City

 

         16 Police Detective Angel Serrano, whose efforts

 

         17 undoubtedly saved another's life; without his timely

 

         18 intervention, the consequences for this woman might

 

         19 have been fatal; and

 

         20 Whereas: New York City Police

 

         21 Officers have always worked diligently for all the

 

         22 citizens of our great City and, as this rescue

 

         23 shows, are well and rightfully known as New York's

 

         24 Finest; now, therefore

 

         25 Be It Known: That the Council of the

 

 

 

 

 

 




                                                            28

 

 

          1 STATED COUNCIL MEETING

 

          2 City of New York honors DETECTIVE ANGEL SERRANO for

 

          3 his courage, compassion, and determination in saving

 

          4 another's life.

 

          5 Signed this 4th day of February in

 

          6 the year Two Thousand and Four, Gifford Miller,

 

          7 Speaker for the Entire Council.

 

          8 CITY CLERK ROBLES: The Council, City

 

          9 of New York, Proclamation.

 

         10 Whereas: The Council of the City of

 

         11 New York is proud and pleased to honor New York City

 

         12 Police Officer Rafael A. Martinez for his

 

         13 meritorious service and distinguished valor in the

 

         14 line of duty; and

 

         15 Whereas: Saving a life is perhaps the

 

         16 greatest gift one individual can give to another,

 

         17 and it is an accomplishment worthy of the utmost

 

         18 honor, praise and recognition; and

 

         19 Whereas: Officer Martinez, a nine

 

         20 year veteran of the Department currently assigned to

 

         21 Police Headquarters Security Unit, was exiting the

 

         22 ramp off the FDR Drive South at Brooklyn Bridge and

 

         23 Wagner Street when he noticed a despondent looking

 

         24 woman walking against traffic; and

 

         25 Whereas: Police Officer Martinez

 

 

 

 

 

 




                                                            29

 

 

          1 STATED COUNCIL MEETING

 

          2 tried talking to her and received no response.

 

          3 Realizing how precarious this situation could

 

          4 become, Officer Martinez parked his car and followed

 

          5 this woman up the ramp, whereupon she climbed over

 

          6 the safety railing and threatened to jump onto the

 

          7 concrete 30 feet below; and

 

          8 Whereas: When it appeared that she

 

          9 was about to make good her threat, Police Officer

 

         10 Martinez, along with two other officers, took

 

         11 immediate action at risk of grave personal injury to

 

         12 themselves, and pulled the woman to safety; and

 

         13 Whereas: Today we honor Police

 

         14 Officer Rafael A. Martinez, an individual whose

 

         15 efforts undoubtedly saved another's life; without

 

         16 his timely intervention the consequences for this

 

         17 woman might have been fatal; and

 

         18 Whereas: New York City Police

 

         19 Officers have always worked diligently for all the

 

         20 citizens of our great City and, as this rescue

 

         21 shows, are well and rightfully known as New York's

 

         22 Finest; now, therefore

 

         23 Be It Known: That the Council of the

 

         24 City of New York honors POLICE OFFICER RAFAEL A.

 

         25 MARTINEZ for exceptional service in the line of

 

 

 

 

 

 




                                                            30

 

 

          1 STATED COUNCIL MEETING

 

          2 duty.

 

          3 Signed this 4th day of February in

 

          4 the year Two Thousand and Four, Gifford Miller,

 

          5 Speaker for the Entire Council.

 

          6 SPEAKER MILLER: Gentlemen, all of my

 

          7 colleagues, and the people of the City of New York,

 

          8 thank you for your service to our City.

 

          9 It certainly is true that every day

 

         10 the work of our finest is heroic, but it's at

 

         11 particular times of crisis that people turn to the

 

         12 Police Department for acts of heroism and bravery

 

         13 and extraordinary courage, and what you did by going

 

         14 forth and saving this woman's life is the kind of

 

         15 work that goes on in our City every day but should

 

         16 be recognized and thanked.

 

         17 And, so, thank you so very much for

 

         18 your work and we'd be honored if you'd say a few

 

         19 words.

 

         20 Mike.

 

         21 POLICE OFFICER BAZERMAN: I just want

 

         22 to thank Speaker Miller and the rest of the Council

 

         23 members, and the Council staff. I appreciate

 

         24 everything. It was just a day's work.

 

         25 SPEAKER MILLER: It was a good day.

 

 

 

 

 

 




                                                            31

 

 

          1 STATED COUNCIL MEETING

 

          2 DETECTIVE SERRANO: I'd like to say

 

          3 thank you to the Council and everybody here that

 

          4 showed up. Thank you very much.

 

          5 POLICE OFFICER MARTINEZ: I want to

 

          6 thank the Lord above for having us there at the

 

          7 right time at the right place, which is what it was.

 

          8 That was just an indication of what police officers

 

          9 throughout the City do day in and day out. We were

 

         10 just happy to be at the right place at the right

 

         11 time, and I just happened to have the right partner

 

         12 at the right place. Thank you.

 

         13 Thank you to my family, for their

 

         14 support.

 

         15 SPEAKER MILLER: Thank you. Thank God

 

         16 you were all there. Thank you all very much for

 

         17 being here.

 

         18 Congratulations, thank you. Thank you

 

         19 for your service.

 

         20 MAJORITY LEADER RIVERA: Will the

 

         21 Stated Meeting of February 4, 2004 please come to

 

         22 order.

 

         23 Roll call.

 

         24 CITY CLERK ROBLES: Addabbo.

 

         25 COUNCIL MEMBER ADDABBO: Here.

 

 

 

 

 

 




                                                            32

 

 

          1 STATED COUNCIL MEETING

 

          2 CITY CLERK ROBLES: Avella.

 

          3 COUNCIL MEMBER AVELLA: Here.

 

          4 CITY CLERK ROBLES: Baez.

 

          5 COUNCIL MEMBER BAEZ: Here.

 

          6 CITY CLERK ROBLES: Barron.

 

          7 COUNCIL MEMBER BARRON: Here.

 

          8 CITY CLERK ROBLES: Boyland.

 

          9 COUNCIL MEMBER BOYLAND: Here.

 

         10 CITY CLERK ROBLES: Brewer.

 

         11 COUNCIL MEMBER BREWER: Here.

 

         12 CITY CLERK ROBLES: Clarke.

 

         13 COUNCIL MEMBER CLARKE: Here.

 

         14 CITY CLERK ROBLES: Comrie.

 

         15 COUNCIL MEMBER COMRIE: Present.

 

         16 CITY CLERK ROBLES: DeBlasio.

 

         17 COUNCIL MEMBER DEBLASIO: Here.

 

         18 CITY CLERK ROBLES: Dilan.

 

         19 COUNCIL MEMBER DILAN: Here.

 

         20 CITY CLERK ROBLES: Felder.

 

         21 (No response.)

 

         22 CITY CLERK ROBLES: Fidler.

 

         23 COUNCIL MEMBER FIDLER: Here.

 

         24 CITY CLERK ROBLES: Foster.

 

         25 COUNCIL MEMBER FOSTER: Here.

 

 

 

 

 

 




                                                            33

 

 

          1 STATED COUNCIL MEETING

 

          2 CITY CLERK ROBLES: Gallagher.

 

          3 COUNCIL MEMBER GALLAGHER: Here.

 

          4 CITY CLERK ROBLES: Gennaro.

 

          5 COUNCIL MEMBER GENNARO: Here.

 

          6 CITY CLERK ROBLES: Gentile.

 

          7 COUNCIL MEMBER GENTILE: Here.

 

          8 CITY CLERK ROBLES: Gerson.

 

          9 COUNCIL MEMBER GERSON: Here.

 

         10 CITY CLERK ROBLES: Gioia.

 

         11 COUNCIL MEMBER GIOIA: Here.

 

         12 CITY CLERK ROBLES: Gonzalez.

 

         13 COUNCIL MEMBER GONZALEZ: Here.

 

         14 CITY CLERK ROBLES: Jackson.

 

         15 COUNCIL MEMBER JACKSON: Here.

 

         16 CITY CLERK ROBLES: James.

 

         17 COUNCIL MEMBER JAMES: Here.

 

         18 CITY CLERK ROBLES: Jennings.

 

         19 COUNCIL MEMBER JENNINGS: Here.

 

         20 CITY CLERK ROBLES: Katz.

 

         21 COUNCIL MEMBER KATZ: Here.

 

         22 CITY CLERK ROBLES: Koppell.

 

         23 COUNCIL MEMBER KOPPELL: Here.

 

         24 CITY CLERK ROBLES: Lanza.

 

         25 COUNCIL MEMBER LANZA: Here.

 

 

 

 

 

 




                                                            34

 

 

          1 STATED COUNCIL MEETING

 

          2 CITY CLERK ROBLES: Liu.

 

          3 COUNCIL MEMBER LIU: Here.

 

          4 CITY CLERK ROBLES: Lopez.

 

          5 COUNCIL MEMBER LOPEZ: Here.

 

          6 CITY CLERK ROBLES: Martinez.

 

          7 COUNCIL MEMBER MARTINEZ: Here.

 

          8 CITY CLERK ROBLES: McMahon.

 

          9 COUNCIL MEMBER McMAHON: Here.

 

         10 CITY CLERK ROBLES: Monserrate.

 

         11 COUNCIL MEMBER MONSERRATE: Here.

 

         12 CITY CLERK ROBLES: Moskowitz.

 

         13 COUNCIL MEMBER MOSKOWITZ: Here.

 

         14 CITY CLERK ROBLES: Nelson.

 

         15 COUNCIL MEMBER NELSON: Here.

 

         16 CITY CLERK ROBLES: Palma.

 

         17 COUNCIL MEMBER PALMA: Here.

 

         18 CITY CLERK ROBLES: Perkins.

 

         19 COUNCIL MEMBER PERKINS: Here.

 

         20 CITY CLERK ROBLES: Provenzano.

 

         21 COUNCIL MEMBER PROVENZANO: Here.

 

         22 CITY CLERK ROBLES: Quinn.

 

         23 COUNCIL MEMBER QUINN: Here.

 

         24 CITY CLERK ROBLES: Recchia.

 

         25 COUNCIL MEMBER RECCHIA: Here.

 

 

 

 

 

 




                                                            35

 

 

          1 STATED COUNCIL MEETING

 

          2 CITY CLERK ROBLES: Reed.

 

          3 COUNCIL MEMBER REED: Here.

 

          4 CITY CLERK ROBLES: Reyna.

 

          5 COUNCIL MEMBER REYNA: Here.

 

          6 CITY CLERK ROBLES: Sanders.

 

          7 COUNCIL MEMBER SANDERS: Present.

 

          8 CITY CLERK ROBLES: Seabrook.

 

          9 COUNCIL MEMBER SEABROOK: Here.

 

         10 CITY CLERK ROBLES: Sears.

 

         11 COUNCIL MEMBER SEARS: Here.

 

         12 CITY CLERK ROBLES: Serrano.

 

         13 COUNCIL MEMBER SERRANO: Here.

 

         14 CITY CLERK ROBLES: Stewart.

 

         15 COUNCIL MEMBER STEWART: Here.

 

         16 CITY CLERK ROBLES: Vallone.

 

         17 COUNCIL MEMBER VALLONE: Here.

 

         18 CITY CLERK ROBLES: Vann.

 

         19 COUNCIL MEMBER VANN: Here.

 

         20 CITY CLERK ROBLES: Weprin.

 

         21 COUNCIL MEMBER WEPRIN: Here.

 

         22 CITY CLERK ROBLES: Yassky.

 

         23 COUNCIL MEMBER YASSKY: Here.

 

         24 CITY CLERK ROBLES: Oddo.

 

         25 COUNCIL MEMBER ODDO: Here.

 

 

 

 

 

 




                                                            36

 

 

          1 STATED COUNCIL MEETING

 

          2 CITY CLERK ROBLES: Rivera.

 

          3 COUNCIL MEMBER RIVERA: Here.

 

          4 CITY CLERK ROBLES: Speaker Miller.

 

          5 SPEAKER MILLER: I'm here.

 

          6 MAJORITY LEADER RIVERA: A quorum is

 

          7 present.

 

          8 Everyone please rise for the

 

          9 invocation delivered by Rabbi Jonathan Glass.

 

         10 RABBI GLASS: Men and women of the

 

         11 City Council, this Saturday is Arbor Day in the

 

         12 Jewish Calendar. It signifies that time of year when

 

         13 trees in the land of the Bible begin to rejuvenate

 

         14 after a long winter.

 

         15 It is a time that pertains to

 

         16 humanity, as well. As the verse reads:

 

         17 Man is like the tree of the field.

 

         18 We, like the tree, maintain a slow process of growth

 

         19 until we bear the fruit of our maturity.

 

         20 So, let the winter labors of this

 

         21 City Council bring forth a bountiest springtime

 

         22 yield, and let us say amen.

 

         23 MAJORITY LEADER RIVERA: Council

 

         24 Member Nelson.

 

         25 COUNCIL MEMBER NELSON: I make a

 

 

 

 

 

 




                                                            37

 

 

          1 STATED COUNCIL MEETING

 

          2 motion to spread the invocation in full upon the

 

          3 record.

 

          4 MAJORITY LEADER RIVERA: So ordered.

 

          5 Adoption of the minutes.

 

          6 Council Member Foster.

 

          7 COUNCIL MEMBER FOSTER: Hi. Thank you.

 

          8 I move to spread the invocation. I move that we

 

          9 adopt the minutes from the last meeting. Thank you.

 

         10 MAJORITY LEADER RIVERA: Thank you

 

         11 very much.

 

         12 Messages and Papers from the Mayor.

 

         13 COUNCIL CLERK CHERRY: None.

 

         14 SPEAKER MILLER: Whoa.

 

         15 COUNCIL CLERK CHERRY: Sorry.

 

         16 M 60.

 

         17 SPEAKER MILLER: That would be

 

         18 received, ordered, printed and filed.

 

         19 COUNCIL CLERK CHERRY: M 61.

 

         20 SPEAKER MILLER: Received, ordered,

 

         21 printed and filed.

 

         22 MAJORITY LEADER RIVERA: Communication

 

         23 from City, County and Borough Offices.

 

         24 Silence in the Chambers, please.

 

         25 COUNCIL CLERK CHERRY: None.

 

 

 

 

 

 




                                                            38

 

 

          1 STATED COUNCIL MEETING

 

          2 MAJORITY LEADER RIVERA: Thank you.

 

          3 Again, Communication from City, County and Borough

 

          4 Offices.

 

          5 COUNCIL CLERK CHERRY: None.

 

          6 MAJORITY LEADER RIVERA: Petitions and

 

          7 Communications.

 

          8 COUNCIL CLERK CHERRY: None.

 

          9 MAJORITY LEADER RIVERA: Land Use

 

         10 Call-Ups.

 

         11 COUNCIL CLERK CHERRY: M-62.

 

         12 SPEAKER MILLER: Coupled on the

 

         13 Call-Up vote.

 

         14 COUNCIL CLERK CHERRY: M-63.

 

         15 SPEAKER MILLER: Coupled on the

 

         16 Call-Up vote.

 

         17 At this point I'd ask the Clerk to

 

         18 call the roll on all items coupled on the Land Use

 

         19 Call-Up.

 

         20 COUNCIL CLERK: Addabbo.

 

         21 COUNCIL MEMBER ADDABBO: Aye on all.

 

         22 COUNCIL CLERK: Avella.

 

         23 COUNCIL MEMBER AVELLA: Aye.

 

         24 COUNCIL CLERK: Baez.

 

         25 COUNCIL MEMBER BAEZ: Aye.

 

 

 

 

 

 




                                                            39

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Barron.

 

          3 COUNCIL MEMBER BARRON: Aye on all.

 

          4 COUNCIL CLERK: Boyland.

 

          5 COUNCIL MEMBER BOYLAND: Aye on all.

 

          6 COUNCIL CLERK: Brewer.

 

          7 COUNCIL MEMBER BREWER: Aye on all.

 

          8 COUNCIL CLERK: Clarke.

 

          9 COUNCIL MEMBER CLARKE: Aye on all.

 

         10 COUNCIL CLERK: Comrie.

 

         11 COUNCIL MEMBER COMRIE: Aye on all.

 

         12 COUNCIL CLERK: DeBlasio.

 

         13 COUNCIL MEMBER DEBLASIO: Aye.

 

         14 COUNCIL CLERK: Dilan.

 

         15 COUNCIL MEMBER DILAN: Aye on all.

 

         16 COUNCIL CLERK: Felder.

 

         17 (No response.)

 

         18 COUNCIL CLERK: Fidler.

 

         19 COUNCIL MEMBER FIDLER: Aye on all.

 

         20 COUNCIL CLERK: Foster.

 

         21 COUNCIL MEMBER FOSTER: Aye on all.

 

         22 COUNCIL CLERK: Gennaro.

 

         23 COUNCIL MEMBER GENNARO: Aye.

 

         24 COUNCIL CLERK: Gentile.

 

         25 COUNCIL MEMBER GENTILE: Aye on all.

 

 

 

 

 

 




                                                            40

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Gerson.

 

          3 COUNCIL MEMBER GERSON: Aye on all.

 

          4 COUNCIL CLERK: Gioia.

 

          5 COUNCIL MEMBER GIOIA: Yes on all.

 

          6 COUNCIL CLERK: Gonzalez.

 

          7 COUNCIL MEMBER GONZALEZ: Aye on all.

 

          8 COUNCIL CLERK: Jackson.

 

          9 COUNCIL MEMBER JACKSON: Aye on all.

 

         10 COUNCIL CLERK: James.

 

         11 COUNCIL MEMBER JAMES: Aye on all.

 

         12 COUNCIL CLERK: Jennings.

 

         13 COUNCIL MEMBER JENNINGS: Aye on all.

 

         14 COUNCIL CLERK: Katz.

 

         15 COUNCIL MEMBER KATZ: Aye on all.

 

         16 COUNCIL CLERK: Koppell.

 

         17 COUNCIL MEMBER KOPPELL: Mr. Majority

 

         18 Leader, I would like to be recorded aye on all of

 

         19 the Land Use Call-Ups, and with the permission of my

 

         20 colleagues, to be recorded aye on all matters on the

 

         21 General Orders Calendar. I have a personal

 

         22 obligation which requires that I leave early with

 

         23 permission of the members.

 

         24 Thank you.

 

         25 MAJORITY LEADER RIVERA: So ordered.

 

 

 

 

 

 




                                                            41

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Lanza.

 

          3 COUNCIL MEMBER LANZA: Aye.

 

          4 COUNCIL CLERK: Liu.

 

          5 COUNCIL MEMBER LIU: Yes.

 

          6 COUNCIL CLERK: Lopez.

 

          7 COUNCIL MEMBER LOPEZ: Aye.

 

          8 COUNCIL CLERK: Martinez.

 

          9 (No response.)

 

         10 COUNCIL CLERK: McMahon.

 

         11 COUNCIL MEMBER McMAHON: Aye on all.

 

         12 COUNCIL CLERK: Monserrate.

 

         13 COUNCIL MEMBER MONSERRATE: Aye on

 

         14 all.

 

         15 COUNCIL CLERK: Moskowitz.

 

         16 (No response.)

 

         17 COUNCIL CLERK: Nelson.

 

         18 COUNCIL MEMBER NELSON: Aye on all.

 

         19 COUNCIL CLERK: Palma.

 

         20 COUNCIL MEMBER PALMA: Aye on all.

 

         21 COUNCIL CLERK: Perkins.

 

         22 COUNCIL MEMBER PERKINS: Aye on all.

 

         23 COUNCIL CLERK: Provenzano.

 

         24 COUNCIL MEMBER PROVENZANO: Aye on

 

         25 all.

 

 

 

 

 

 




                                                            42

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Quinn.

 

          3 COUNCIL MEMBER QUINN: Aye on all.

 

          4 COUNCIL CLERK: Recchia.

 

          5 COUNCIL MEMBER RECCHIA: Aye on all.

 

          6 COUNCIL CLERK: Reed.

 

          7 COUNCIL MEMBER REED: Aye on all.

 

          8 COUNCIL CLERK: Reyna.

 

          9 COUNCIL MEMBER REYNA: Aye on all.

 

         10 COUNCIL CLERK: Sanders.

 

         11 COUNCIL MEMBER SANDERS: Aye on all.

 

         12 COUNCIL CLERK: Seabrook.

 

         13 COUNCIL MEMBER SEABROOK: Aye.

 

         14 COUNCIL CLERK: Sears.

 

         15 COUNCIL MEMBER SEARS: Aye.

 

         16 COUNCIL CLERK: Serrano.

 

         17 COUNCIL MEMBER SERRANO: Aye.

 

         18 COUNCIL CLERK: Stewart.

 

         19 COUNCIL MEMBER STEWART: Aye on all.

 

         20 COUNCIL CLERK: Vallone.

 

         21 COUNCIL MEMBER VALLONE: Aye on all.

 

         22 COUNCIL CLERK: Vann.

 

         23 COUNCIL MEMBER VANN: Aye on all.

 

         24 COUNCIL CLERK: Weprin.

 

         25 COUNCIL MEMBER WEPRIN: Aye on all.

 

 

 

 

 

 




                                                            43

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Yassky.

 

          3 (No response.)

 

          4 COUNCIL CLERK: Felder.

 

          5 (No response.)

 

          6 COUNCIL CLERK: Gallagher.

 

          7 COUNCIL MEMBER GALLAGHER: Aye.

 

          8 COUNCIL CLERK: Oddo.

 

          9 COUNCIL MEMBER ODDO: Yes.

 

         10 COUNCIL CLERK: Rivera.

 

         11 COUNCIL MEMBER RIVERA: Yes to all.

 

         12 COUNCIL CLERK: Speaker Mr. Miller.

 

         13 SPEAKER MILLER: Aye.

 

         14 MAJORITY LEADER RIVERA: Today's Land

 

         15 Use Call-Ups were adopted by a vote of 47 in the

 

         16 affirmative, zero in the negative.

 

         17 Communication from the Speaker.

 

         18 SPEAKER MILLER: My colleagues, today

 

         19 I am proud to stand with you, ready to override the

 

         20 Mayor's veto and adopt the strongest and most

 

         21 thoughtful lead abatement law in the country.

 

         22 This law will correct the defects of

 

         23 the previous law. For the first time lead dust, the

 

         24 primary source of lead poisoning will be regulated.

 

         25 We know how children are being

 

 

 

 

 

 




                                                            44

 

 

          1 STATED COUNCIL MEETING

 

          2 poisoned, they're being poisoned by dust.

 

          3 This is the for the first time the

 

          4 City of New York is saying lead dust must be

 

          5 regulated, must be eliminated. We must protect our

 

          6 children.

 

          7 In addition, this law appropriately

 

          8 focuses on primary prevention, because every child

 

          9 who is poisoned is a failure for this City. Every

 

         10 child who has lead poison elevation is a child whose

 

         11 future is being harmed.

 

         12 We have to focus on primary

 

         13 prevention, and this law does that, directing

 

         14 resources to troubled buildings, not just to fix

 

         15 current problems, but to prevent children from

 

         16 becoming sick in the first place.

 

         17 This law gives responsible landlords

 

         18 the flexibility they need to comply with reasonable

 

         19 time lines, and the ability to use their own trained

 

         20 staff to fix nearly every problem that may arise.

 

         21 But the law also cracks down on

 

         22 irresponsible landlords who do not keep their

 

         23 buildings in good shape, and as a result place

 

         24 children at risk of long life health affects of lead

 

         25 poisoning.

 

 

 

 

 

 




                                                            45

 

 

          1 STATED COUNCIL MEETING

 

          2 Over an extremely lengthy hearing

 

          3 process, I met personally with doctors and health

 

          4 professionals who treat the same children we are

 

          5 trying now to protect, and will indeed protect

 

          6 today.

 

          7 These doctors have endorsed this

 

          8 legislation, and applauded the Council for taking

 

          9 such a bold step to protect the City's most

 

         10 vulnerable.

 

         11 There are indeed some who have

 

         12 criticized this bill, claiming that it will drive

 

         13 away insurance and imperil affordable housing.

 

         14 They speculate, however, without any

 

         15 evidence or real basis in fact, that it will make

 

         16 finding housing more difficult. In fact, we

 

         17 carefully reviewed these issues during our

 

         18 environmental review and during the hearing process

 

         19 and the Council is not turning a blind eye to these

 

         20 concerns, but we cannot base sound public policy on

 

         21 mere speculation.

 

         22 It is not, it is not beyond our grasp

 

         23 to provide both affordable housing and safe,

 

         24 affordable housing.

 

         25 I am extremely disappointed that the

 

 

 

 

 

 




                                                            46

 

 

          1 STATED COUNCIL MEETING

 

          2 Mayor vetoed this legislation. His veto would lead

 

          3 countless of the City's most poor and most

 

          4 defenseless and most vulnerable without protection.

 

          5 Today the Council corrects that

 

          6 wrong, and together we speak on behalf of those

 

          7 whose voice does not often reach City Hall, and it's

 

          8 important to remember that while progress has been

 

          9 made, lead poisoning rates are still an epidemic in

 

         10 this City.

 

         11 When 5,000 children are poisoned each

 

         12 year, we cannot say that enough has been done, and,

 

         13 of course, the reality is that testing rates are so

 

         14 low that countless children whose lives and futures

 

         15 have been irreparably harmed, go undetected every

 

         16 year.

 

         17 We cannot turn a blind eye to this

 

         18 public health crisis. This is the right bill. It's

 

         19 the right time for us to enact it. In fact it's

 

         20 overdue, and we must take every step that we can to

 

         21 protect these children.

 

         22 I'm proud of the Council, and I want

 

         23 to particularly thank Deputy Majority Leader Bill

 

         24 Perkins, the sponsor of this bill for his hard work,

 

         25 and I want to thank all of my colleagues here for

 

 

 

 

 

 




                                                            47

 

 

          1 STATED COUNCIL MEETING

 

          2 standing up for what is right and protecting the

 

          3 children of this City for what I believe is the most

 

          4 thoughtful, most effective, most rational, most

 

          5 enforceable piece of legislation in the country to

 

          6 protect children from the terrible devastating

 

          7 affects of lead poisoning. And at this point I'd

 

          8 like to ask the Deputy Majority Leader Bill Perkins

 

          9 to say a few words on the subject as well.

 

         10 COUNCIL MEMBER PERKINS: Thank you

 

         11 very much, Speaker for this time and for your

 

         12 support in getting us to this point, and I want to

 

         13 also thank my colleagues who have stood strong in

 

         14 the face of some very, very difficult negotiations

 

         15 and attacks on you personally and on us

 

         16 institutionally, as was evidenced this last two days

 

         17 by advertisements in local newspapers.

 

         18 Let me say that today we give the

 

         19 children in the row houses of our City the same

 

         20 health protection as those who live in the

 

         21 townhouses of Manhattan.

 

         22 We will end lead poisoning as we know

 

         23 it. I simply do not buy the logic that the only

 

         24 alternative children have to lead in their homes is

 

         25 no home at all.

 

 

 

 

 

 




                                                            48

 

 

          1 STATED COUNCIL MEETING

 

          2 The notion that one can care about

 

          3 the health and safety of children or one can care

 

          4 about affordable housing but not both is an insult.

 

          5 The claim that insurance will dry up for new housing

 

          6 development is a boogieman tactic. Not a single

 

          7 insurance company testified to that effect, nor has

 

          8 a single company contacted my office, or I dare say

 

          9 even the Speaker's office.

 

         10 The Mayor is just plain wrong on this

 

         11 one, and the thousands of children of color who are

 

         12 poisoned each year deserve better.

 

         13 This is the month in which we

 

         14 acknowledge black history, and in that

 

         15 acknowledgment we recognize that it has been a

 

         16 history of struggle to expand and to include. And,

 

         17 so, today we are proud that Dr. King's arch of

 

         18 justice bends finally towards the children of the

 

         19 lead belt.

 

         20 I want to thank my colleagues for

 

         21 their support. I want to thank my Speaker for his

 

         22 leadership in this regard, and I'm confident that

 

         23 this bill will be a bill for our children and will

 

         24 not hurt out city one iota.

 

         25 Thank you very much.

 

 

 

 

 

 




                                                            49

 

 

          1 STATED COUNCIL MEETING

 

          2 SPEAKER MILLER: My colleagues, we are

 

          3 also overriding another veto of an important piece

 

          4 of legislation, electronic death registry system

 

          5 legislation. It would bring relief to families who

 

          6 in their most difficult times currently have to wait

 

          7 days and weeks and sometimes months for attention

 

          8 for basic service that should have been accomplished

 

          9 years and years ago, and I want to particularly

 

         10 thank the Chair of the Health Committee for her

 

         11 leadership on the subject matter and to say a few

 

         12 words on this legislation.

 

         13 COUNCIL MEMBER QUINN: Thank you for

 

         14 the opportunity, Mr. Speaker.

 

         15 Myself and the Speaker, and Gale

 

         16 Brewer, the Chair of the Information and Technology

 

         17 Committee, in the prior session brought forth a

 

         18 piece of legislation that would require that the

 

         19 City embrace the 21st century, and create a system

 

         20 where funeral directors and families can access

 

         21 death certificates on-line.

 

         22 We had months and months of

 

         23 negotiations led by Council Member Brewer on the

 

         24 bill to try to come up with a version of the bill,

 

         25 this very common sensical bill that the

 

 

 

 

 

 




                                                            50

 

 

          1 STATED COUNCIL MEETING

 

          2 Administration could support. And after making

 

          3 numerous changes in the bill, still the Bloomberg

 

          4 Administration has needlessly vetoed this

 

          5 initiative.

 

          6 And what this bill will do very

 

          7 specifically is allow funeral directors and will

 

          8 require the Department of Health to create a system

 

          9 by which funeral directors can access death

 

         10 certificates on-line.

 

         11 Presently, believe it or not, every

 

         12 funeral director, whenever there is a death, has to

 

         13 go to 125 Worth Street to get a copy of a death

 

         14 certificate.

 

         15 And if an error has been made, the

 

         16 family has to get the funeral director to go back to

 

         17 125 Worth Street and get an updated copy. This

 

         18 sometimes prevents families from moving forward with

 

         19 burial or closing estates. Sometimes we've heard

 

         20 reports of as much as six months to a year more than

 

         21 is necessary.

 

         22 The Administration says they don't

 

         23 like this initiative because it has time frames

 

         24 built into it, but sadly, a number of years ago the

 

         25 City got a $5 million grant from IBM to create an

 

 

 

 

 

 




                                                            51

 

 

          1 STATED COUNCIL MEETING

 

          2 electronic death registry system. That $5 million

 

          3 lead to absolutely nothing. No system at all. So,

 

          4 through their real failure to implement and spend

 

          5 money wisely, the Department of Health has made it

 

          6 clear that we must put time lines in place,

 

          7 otherwise they will not deliver a system that makes

 

          8 sense, would help funeral directors, most

 

          9 importantly would help people in their deepest time

 

         10 of need.

 

         11 And just lastly, I want to say for

 

         12 funeral directors who do not want to engage in

 

         13 electronic death certificates, the bill only

 

         14 requires that 75 percent compliance by funeral

 

         15 directors. So it does leave the option for those who

 

         16 do not want to do electronic death registry. This is

 

         17 a very common sensical idea. It shouldn't have come

 

         18 to a veto. I want to thank the Speaker, and

 

         19 particularly Council Member Brewer for her advocacy

 

         20 on this, and I urge my colleagues to override the

 

         21 veto. It was unanimously overridden by the Health

 

         22 Committee last week.

 

         23 SPEAKER MILLER: That concludes the

 

         24 Communication from the Speaker, Madam Public

 

         25 Advocate.

 

 

 

 

 

 




                                                            52

 

 

          1 STATED COUNCIL MEETING

 

          2 PUBLIC ADVOCATE GOTBAUM: Discussion

 

          3 of General Orders.

 

          4 Council Member Barron.

 

          5 COUNCIL MEMBER BARRON: Thank you,

 

          6 Madam Public Advocate.

 

          7 The Mayor should be ashamed of

 

          8 himself on this issue, and I just want to echo the

 

          9 remarks that I've heard the Majority Leader make,

 

         10 Joel Rivera, but once again it seems that the Mayor

 

         11 is not interested in not leaving no child behind,

 

         12 but not leaving no millionaire behind. And it seems

 

         13 as though his interest is with another class of

 

         14 people, and I am personally offended that 80 to 90

 

         15 percent of the children that will be affected by

 

         16 lead poison will be children of color. And this

 

         17 Mayor is vetoing a bill that my colleagues sat down

 

         18 with him and had 20 changes in the bill to try to

 

         19 get him to come on board.

 

         20 He needs to visit and see the impact

 

         21 of lead poisoning on our children. For him to veto

 

         22 this bill is a disgrace to this City.

 

         23 Every family of goodwill should be

 

         24 outraged, but particularly families of color that

 

         25 never forget what this Mayor has done and what he

 

 

 

 

 

 




                                                            53

 

 

          1 STATED COUNCIL MEETING

 

          2 thinks about our children.

 

          3 I want to respect and give all the

 

          4 encouragement and praise to Council Member Bill

 

          5 Perkins, for the work that he's done, and all the

 

          6 battling that he had to do, and all of the bogus

 

          7 charges we're going to create homelessness, we're

 

          8 going to create insurance companies not wanting to

 

          9 give non-profits money for insurance for affordable

 

         10 housing, all bogus charges to protect the real

 

         11 estate interests in this City. I want my colleagues

 

         12 to override this strongly, send a strong message to

 

         13 this Mayor that you need to be more concerned about

 

         14 the children.

 

         15 As a matter of fact, if he would show

 

         16 Snapple, and getting $166 million to give our

 

         17 children colored sugar water, which is not healthy

 

         18 for us, if he showed that same concern with

 

         19 protecting our babies from lead poison, this would

 

         20 be a better town. Thank you.

 

         21 PUBLIC ADVOCATE GOTBAUM: Council

 

         22 Member Oddo.

 

         23 COUNCIL MEMBER ODDO: Thank you.

 

         24 Subsequent to the Council's vote on

 

         25 101-A, in December the New York Times did a story

 

 

 

 

 

 




                                                            54

 

 

          1 STATED COUNCIL MEETING

 

          2 written by David Chen on December 21st, a front-page

 

          3 story in the metro section, and the headline was

 

          4 "One Housing World Gives Way To Another," talked

 

          5 about the lack of affordable housing, housing in New

 

          6 York City, and it highlighted a report that was

 

          7 issued a couple of days later of the state of New

 

          8 York City's housing in neighborhoods by the Furhman

 

          9 Center For Real Estate and Urban Policy, and it

 

         10 talked in that report about the long-term, the jump

 

         11 in long-term delinquencies on property taxes. And

 

         12 the author in the report stated he didn't know if it

 

         13 was a blip or he didn't know if it was an early

 

         14 warning sign that we have a weakness in the housing

 

         15 stock. And in it they talked about, well, what would

 

         16 be causing this? And they talked about property tax

 

         17 increase and they talked about rising insurance

 

         18 costs. I've heard from my colleagues, and we've

 

         19 heard from the lead sponsor of the bill again today

 

         20 how the fact that no one from the insurance industry

 

         21 came and testified on this bill, but, you know,

 

         22 let's look at the reality.

 

         23 No one from the insurance industry

 

         24 was going to come in here, get no benefit by

 

         25 testifying on this bill, paint a bull's eye on his

 

 

 

 

 

 




                                                            55

 

 

          1 STATED COUNCIL MEETING

 

          2 back, and the reality is that large insurers don't

 

          3 issue lead protection. And it falls upon a small

 

          4 group of very small companies, that have the ability

 

          5 to apply to the State Department of Insurance for

 

          6 Exclusion and I think the record should reflect that

 

          7 some companies are in that process of getting out of

 

          8 the insurance business in terms of lead. That has a

 

          9 chilling effect on affordable housing in this City.

 

         10 This is a bill of unintended

 

         11 consequences and when Charles gets his 32 percent up

 

         12 and becomes Mayor, I'll still be in this Council

 

         13 along with my colleagues and we'll have to deal with

 

         14 lead again.

 

         15 We had an opportunity, a fleeting

 

         16 moment to take limited resources and put it in the

 

         17 target areas, and we should have acted with the

 

         18 precision of a scalpel, not with a chainsaw. And my

 

         19 only hope is that when lead comes back to the City

 

         20 Council, we'll get it done the right way then.

 

         21 PUBLIC ADVOCATE GOTBAUM: Council

 

         22 Member Brewer.

 

         23 COUNCIL MEMBER BREWER: Thank you very

 

         24 much. I want to rise to support the electronic death

 

         25 registration system override, which I think you

 

 

 

 

 

 




                                                            56

 

 

          1 STATED COUNCIL MEETING

 

          2 will, but I want to mention Christine Quinn and her

 

          3 Committee and also the Speaker, the funeral industry

 

          4 and Stephen Schwartz at the Health Department, all

 

          5 of whom I think are trying to put together a very

 

          6 sophisticated, complicated system so that families

 

          7 in a horrible time in their lives are able to have

 

          8 the best possible access to government.

 

          9 But I do think it is very unfortunate

 

         10 that the technology Mayor is upset that there are

 

         11 deadlines for implementing technology, because

 

         12 that's why this bill was vetoed because there are

 

         13 deadlines.

 

         14 And as Council Member Oddo has said

 

         15 many times, I guess Fresh Kills would not be closed

 

         16 if it wasn't for deadlines. So, I thank you, Council

 

         17 Member about reminding us for the need for

 

         18 deadlines.

 

         19 So, I ask everyone to support the

 

         20 override on electronic death registration system.

 

         21 Thank you.

 

         22 PUBLIC ADVOCATE GOTBAUM: Council

 

         23 Member DeBlasio.

 

         24 COUNCIL MEMBER DeBLASIO: Thank you,

 

         25 Madam Public Advocate.

 

 

 

 

 

 




                                                            57

 

 

          1 STATED COUNCIL MEETING

 

          2 First of all, I want to thank the

 

          3 Speaker and our Deputy Majority Leader Bill Perkins

 

          4 for their incredible work on the lead paint bill.

 

          5 And I just want to amplify, I want to amplify

 

          6 something the Speaker was mentioning. I don't think

 

          7 we have seen a bill that has gone through more

 

          8 scrutiny and more effort and more testimony. I think

 

          9 there is not a single nook or crannie of this bill

 

         10 that wasn't looked at and analyzed where every

 

         11 single possible voice was not at the table, and I

 

         12 feel absolutely certain that all the constituencies

 

         13 affected were involved in the process in the

 

         14 discussion. I think it was really an exemplary case

 

         15 of trying to bring in every possible position and

 

         16 crafting a very careful and precise final version of

 

         17 the bill, and I give the Speaker and Bill Perkins

 

         18 and their staffs a lot of credit with how carefully

 

         19 drawn this bill was.

 

         20 I want to urge all my colleagues to

 

         21 join in overriding the Mayor's veto.

 

         22 I also want to mention on the

 

         23 resolution defending our civil liberties, that we

 

         24 are going to do something today in New York City

 

         25 which will really have a national effect -- I'm

 

 

 

 

 

 




                                                            58

 

 

          1 STATED COUNCIL MEETING

 

          2 sorry, I'm out of order.

 

          3 PUBLIC ADVOCATE GOTBAUM: I'm sorry,

 

          4 Council member, that's a different part of the

 

          5 agenda.

 

          6 COUNCIL MEMBER DeBLASIO: My apologies

 

          7 to the Speaker and the Public Advocate. I'll get you

 

          8 later on that. Thank you.

 

          9 PUBLIC ADVOCATE GOTBAUM: Apology

 

         10 accepted.

 

         11 Seeing nobody else, Report of Special

 

         12 Committees.

 

         13 COUNCIL CLERK CHERRY: None.

 

         14 PUBLIC ADVOCATE GOTBAUM: Reports of

 

         15 Standing Committees.

 

         16 COUNCIL CLERK CHERRY: Reports of the

 

         17 Committee on Health.

 

         18 Intro. 198-A.

 

         19 SPEAKER MILLER: Coupled on the

 

         20 General Order Calendar.

 

         21 COUNCIL CLERK CHERRY: M 7.

 

         22 SPEAKER MILLER: Coupled to be filed.

 

         23 COUNCIL CLERK CHERRY: Reports on the

 

         24 Committee on Housing and Buildings.

 

         25 Intro. 101-A.

 

 

 

 

 

 




                                                            59

 

 

          1 STATED COUNCIL MEETING

 

          2 SPEAKER MILLER: Coupled on the

 

          3 General Order Calendar.

 

          4 COUNCIL CLERK CHERRY: M 6.

 

          5 SPEAKER MILLER: Coupled to be filed.

 

          6 COUNCIL CLERK CHERRY: Reports on the

 

          7 Committee on Land Use.

 

          8 Preconsidered LU 1 and companion Reso

 

          9 93 on page three through LU 30 and companion Reso

 

         10 122 on page seven.

 

         11 SPEAKER MILLER: All of them are

 

         12 coupled on General Order Calendar.

 

         13 COUNCIL CLERK CHERRY: Preconsidered

 

         14 LU 31 and companion Reso 72.

 

         15 SPEAKER MILLER: Coupled on the

 

         16 General Order Calendar.

 

         17 PUBLIC ADVOCATE GOTBAUM: General

 

         18 Order Calendar.

 

         19 COUNCIL CLERK CHERRY: Resolution

 

         20 appointing various persons Commissioner of Deeds.

 

         21 SPEAKER MILLER: Coupled on the

 

         22 General Order Calendar.

 

         23 At this point I would ask the Clerk

 

         24 to call the roll on all items coupled on the General

 

         25 Order Calendar.

 

 

 

 

 

 




                                                            60

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Addabbo.

 

          3 COUNCIL MEMBER ADDABBO: Aye.

 

          4 COUNCIL CLERK: Avella.

 

          5 COUNCIL MEMBER AVELLA: Aye.

 

          6 COUNCIL CLERK: Baez.

 

          7 COUNCIL MEMBER BAEZ: Aye.

 

          8 COUNCIL CLERK: Barron.

 

          9 COUNCIL MEMBER BARRON: Aye.

 

         10 COUNCIL CLERK: Boyland.

 

         11 COUNCIL MEMBER BOYLAND: Aye.

 

         12 COUNCIL CLERK: Brewer.

 

         13 COUNCIL MEMBER BREWER: Aye.

 

         14 COUNCIL CLERK: Clarke.

 

         15 COUNCIL MEMBER CLARKE: Aye on all.

 

         16 COUNCIL CLERK: Comrie.

 

         17 (No response.)

 

         18 COUNCIL CLERK: DeBlasio.

 

         19 COUNCIL MEMBER DEBLASIO: Aye.

 

         20 COUNCIL CLERK: Dilan.

 

         21 COUNCIL MEMBER DILAN: Aye.

 

         22 COUNCIL CLERK: Felder.

 

         23 COUNCIL MEMBER FELDER: Aye. And can I

 

         24 please vote aye on the Land Use items as well?

 

         25 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

 

 

 

 

 




                                                            61

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Fidler.

 

          3 COUNCIL MEMBER FIDLER: Madam Public

 

          4 Advocate, may I be briefly excused to explain my

 

          5 vote?

 

          6 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          7 COUNCIL MEMBER FIDLER: Madam Public

 

          8 Advocate, may I be briefly excused to explain my

 

          9 vote?

 

         10 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         11 COUNCIL MEMBER FIDLER: As I indicated

 

         12 at the time we voted on the lead bill, I felt it

 

         13 wasn't the perfect bill, and I do believe that as we

 

         14 go forward we may have to make some changes, or not,

 

         15 but the fact that we don't have a lead paint bill on

 

         16 the books, because the Court of Appeals struck down

 

         17 the one that we had, leaving the children in this

 

         18 City without any law that protects them from the

 

         19 hazards of lead paint, continues to be just as

 

         20 unconscionable today as on the day that we

 

         21 originally passed this bill. And, so, therefore, I

 

         22 vote aye on all.

 

         23 COUNCIL CLERK: Foster.

 

         24 COUNCIL MEMBER FOSTER: Aye on all.

 

         25 COUNCIL CLERK: Gallagher.

 

 

 

 

 

 




                                                            62

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER GALLAGHER: May I be

 

          3 temporarily excused to explain my vote?

 

          4 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          5 COUNCIL MEMBER GALLAGHER: I'm going

 

          6 to be voting aye on Intro. 198-A and I congratulate

 

          7 the sponsors on that legislation. And I'm going to

 

          8 be voting no on Intro. 101-A, and I think that time

 

          9 will show that 101-A will increase the cost of

 

         10 building affordable housing.

 

         11 Organizations whose sole purpose it

 

         12 is to preserve and build affordable housing in this

 

         13 City will not be able to get the insurance and build

 

         14 such housing.

 

         15 So, this is something that we will

 

         16 all have to be reckoned with and we will see that

 

         17 that will come to fruition shortly.

 

         18 Thank you.

 

         19 COUNCIL CLERK: Gennaro.

 

         20 COUNCIL MEMBER GENNARO: Aye.

 

         21 COUNCIL CLERK: Gentile.

 

         22 COUNCIL MEMBER GENTILE: Aye.

 

         23 COUNCIL CLERK: Gerson.

 

         24 COUNCIL MEMBER GERSON: May I be

 

         25 excused to briefly explain my vote?

 

 

 

 

 

 




                                                            63

 

 

          1 STATED COUNCIL MEETING

 

          2 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          3 COUNCIL MEMBER GERSON: Thank you very

 

          4 much.

 

          5 I vote aye on all. I proudly vote aye

 

          6 on the override, the vote to override both of the

 

          7 vetoes.

 

          8 With respect to 101-A I join my

 

          9 colleagues in thanking the sponsors and those who

 

         10 have brought this about. On behalf of the children

 

         11 of my district, as well as our City who will benefit

 

         12 from it, Madam Public Advocate, I just want to point

 

         13 out that if we were to allow every possible

 

         14 unintended consequence, every possible negative

 

         15 scenario to hold up progress on any social

 

         16 advancement, we would still be living with the worst

 

         17 abuses of the early days of the last century with

 

         18 respect to workplace and environmental conditions.

 

         19 We must go forward, safety must come

 

         20 first, children safety must come first. But also, my

 

         21 colleagues, we must be prepared to make this

 

         22 necessary regulatory and other adjustments to assure

 

         23 that we avoid unintended consequences, including

 

         24 those to affordable housing as we go forward with

 

         25 the understanding that this Council will be vigilant

 

 

 

 

 

 




                                                            64

 

 

          1 STATED COUNCIL MEETING

 

          2 in doing just that. I vote aye. Thank you.

 

          3 COUNCIL CLERK: Gioia.

 

          4 COUNCIL MEMBER GIOIA: I vote yes on

 

          5 all.

 

          6 COUNCIL CLERK: Gonzalez.

 

          7 COUNCIL MEMBER GONZALEZ: Aye.

 

          8 COUNCIL CLERK: Jackson.

 

          9 COUNCIL MEMBER JACKSON: Aye on all.

 

         10 COUNCIL CLERK: James.

 

         11 COUNCIL MEMBER JAMES: Aye on all.

 

         12 COUNCIL CLERK: Jennings.

 

         13 COUNCIL MEMBER JENNINGS: Aye on all.

 

         14 COUNCIL CLERK: Katz.

 

         15 COUNCIL MEMBER KATZ: Aye on all.

 

         16 COUNCIL CLERK: Lanza.

 

         17 COUNCIL MEMBER LANZA: No on Intro.

 

         18 101-A, aye on the rest.

 

         19 COUNCIL CLERK: Liu.

 

         20 COUNCIL MEMBER LIU: Yes on all.

 

         21 COUNCIL CLERK: Lopez.

 

         22 COUNCIL MEMBER LOPEZ: Pass.

 

         23 COUNCIL CLERK: McMahon.

 

         24 COUNCIL MEMBER McMAHON: Aye.

 

         25 COUNCIL CLERK: Monserrate.

 

 

 

 

 

 




                                                            65

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER MONSERRATE: Permission

 

          3 to explain my vote, Madam Chair?

 

          4 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          5 COUNCIL MEMBER MONSERRATE: Good

 

          6 afternoon to you and all my colleagues, and I stand

 

          7 here proudly in support of this override vote on the

 

          8 lead bill.

 

          9 I want to also give credit to the

 

         10 leader on this, Council Member Bill Perkins' bill,

 

         11 you did a great job, to our Speaker who came forward

 

         12 in a strong way and supported this bill to the

 

         13 members of the caucus, the black and Latino and

 

         14 Asian Caucus, all of which voted in favor of this

 

         15 bill, and a strong fingerpointing to the

 

         16 Administration, to the other side of that hall, that

 

         17 you needed to do what you needed to do during this

 

         18 process, and now they want to stop this process by

 

         19 stopping this bill.

 

         20 This Council today sends a very

 

         21 strong and powerful message that we did this bill

 

         22 for the right reasons for our community, for those

 

         23 children, 90 percent African-American Latino, who

 

         24 are being lead poisoned.

 

         25 We are doing the right thing and I

 

 

 

 

 

 




                                                            66

 

 

          1 STATED COUNCIL MEETING

 

          2 hope to God that some day our Mayor comes to terms

 

          3 with us on this issue.

 

          4 COUNCIL CLERK: Moskowitz.

 

          5 COUNCIL MEMBER MOSKOWITZ: I vote aye

 

          6 and ask for permission to vote on all general Land

 

          7 Use Call-Ups. I vote aye.

 

          8 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          9 COUNCIL MEMBER MOSKOWITZ: Sorry.

 

         10 PUBLIC ADVOCATE GOTBAUM: Okay.

 

         11 COUNCIL CLERK: Nelson.

 

         12 COUNCIL MEMBER NELSON: Aye on all.

 

         13 COUNCIL CLERK: Palma.

 

         14 COUNCIL MEMBER PALMA: Aye.

 

         15 COUNCIL CLERK: Perkins.

 

         16 COUNCIL MEMBER PERKINS: Pass.

 

         17 COUNCIL CLERK: Provenzano.

 

         18 COUNCIL MEMBER PROVENZANO: I vote no

 

         19 on 101-A, and aye on everything else.

 

         20 COUNCIL CLERK: Quinn.

 

         21 COUNCIL MEMBER QUINN: If I could be

 

         22 excused to explain my vote?

 

         23 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         24 COUNCIL MEMBER QUINN: I, in voting

 

         25 today, want to thank the Land Use staff, and

 

 

 

 

 

 




                                                            67

 

 

          1 STATED COUNCIL MEETING

 

          2 particularly Gail Benjamin and also the Chair of the

 

          3 full Committee Melinda Katz and Tony Avella for a

 

          4 lot of help they gave me regarding Pier 94, an item

 

          5 which in a larger sense is part of today's agenda.

 

          6 I want to vote aye on all, again

 

          7 thank my colleagues for their support on the

 

          8 electronic death registry and also want to applaud

 

          9 the work of Council Member Perkins on the lead bill

 

         10 and vote aye on all, in particular both of the

 

         11 override.

 

         12 COUNCIL CLERK: Recchia.

 

         13 COUNCIL MEMBER RECCHIA: Aye on all.

 

         14 COUNCIL CLERK: Reed.

 

         15 COUNCIL MEMBER REED: Aye on all.

 

         16 COUNCIL CLERK: Reyna.

 

         17 COUNCIL MEMBER REYNA: I vote aye.

 

         18 COUNCIL CLERK: Sanders.

 

         19 COUNCIL MEMBER SANDERS: Aye on all.

 

         20 COUNCIL CLERK: Seabrook.

 

         21 COUNCIL MEMBER SEABROOK: Aye on all.

 

         22 COUNCIL CLERK: Sears.

 

         23 COUNCIL MEMBER SEARS: Permission to

 

         24 explain my vote?

 

         25 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

 

 

 

 

 




                                                            68

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER SEARS: I vote no on

 

          3 101-A, and yes on 198-A.

 

          4 COUNCIL CLERK: Serrano.

 

          5 COUNCIL MEMBER SERRANO: Aye.

 

          6 COUNCIL CLERK: Stewart.

 

          7 COUNCIL MEMBER STEWART: Permission to

 

          8 explain my vote?

 

          9 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         10 COUNCIL MEMBER STEWART: I don't

 

         11 believe anyone in this Council has been exposed to

 

         12 the facts about 101-A better than I did. I've been

 

         13 exposed in so many different ways that I feel that I

 

         14 have to explain my vote at this time.

 

         15 101-A has many reservations that I

 

         16 feel that we can correct in the future. But to have

 

         17 a bill, to have no bill at all to protect our

 

         18 children, is worse than having this bill.

 

         19 This is a bill that we can go back

 

         20 at, we can research and we can make whatever changes

 

         21 there we ought to make. So, I vote aye with the

 

         22 intention to make changes.

 

         23 And with that in mind, I vote aye on

 

         24 all.

 

         25 COUNCIL CLERK: Vallone.

 

 

 

 

 

 




                                                            69

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER VALLONE: I vote aye on

 

          3 all, except 101-A, in which I abstain.

 

          4 COUNCIL CLERK: Vann.

 

          5 COUNCIL MEMBER VANN: Permission to

 

          6 explain my vote?

 

          7 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          8 COUNCIL MEMBER VANN: I, too, agree

 

          9 and intend to vote for the override of 101-A and I

 

         10 commend our leadership, all that they did in regard

 

         11 to it.

 

         12 However, to the extent that there are

 

         13 consequences, or unintended consequences, as it

 

         14 were, that affect the affordability of houses

 

         15 because of the insurance structure, then I know that

 

         16 we will revisit, we will revisit because we are

 

         17 concerned about affordable housing.

 

         18 I understand it's like a six-month

 

         19 implementation once we override, and I'm sure that

 

         20 we will be very diligent in looking to see if there

 

         21 are any necessary changes to make sure that there

 

         22 are no unintended consequences, but we did the right

 

         23 thing for our children and I vote aye on all.

 

         24 COUNCIL CLERK: Weprin.

 

         25 COUNCIL MEMBER WEPRIN: Aye on all.

 

 

 

 

 

 




                                                            70

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Yassky.

 

          3 COUNCIL MEMBER YASSKY: I request

 

          4 permission to explain my vote?

 

          5 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          6 COUNCIL MEMBER YASSKY: On Intro.

 

          7 101-A, which I intend to vote, I intend to vote for

 

          8 the override, I think we should be realistic. Is

 

          9 this a costless bill? It is not. But are the costs

 

         10 worth it? I believe they plainly are.

 

         11 Now, the cost of passing this bill

 

         12 that have been raised over the last weeks and month,

 

         13 for the most part some are real, and some are today,

 

         14 for the most part these are speculative, these are

 

         15 worries about what will happen in the future, what

 

         16 may happen in the future.

 

         17 I do not believe that there will be

 

         18 an impact on the affordability of housing and on the

 

         19 ability of people to build affordable housing in the

 

         20 City. If, as other folks said, if that comes to

 

         21 pass, the Council can revisit.

 

         22 But on the other side, the costs of

 

         23 not passing this bill are very real, are before us

 

         24 every day. The cost of allowing lead poisoning to

 

         25 continue we see every day, and we cannot permit that

 

 

 

 

 

 




                                                            71

 

 

          1 STATED COUNCIL MEETING

 

          2 to continue.

 

          3 So, I intend to vote aye. I do now

 

          4 vote aye on all before us and I request permission,

 

          5 Madam Public Advocate, to also vote on the Land Use

 

          6 items earlier today, and I vote aye on those as

 

          7 well. Thank you.

 

          8 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

          9 COUNCIL CLERK: Comrie.

 

         10 COUNCIL MEMBER COMRIE: Aye on all.

 

         11 COUNCIL CLERK: Lopez.

 

         12 COUNCIL MEMBER LOPEZ: Permission to

 

         13 explain my vote?

 

         14 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         15 COUNCIL MEMBER LOPEZ: Before I came

 

         16 to this house, I have a history of being a housing

 

         17 activist, and I fought very hard to create

 

         18 affordable housing in this City. And we succeeded in

 

         19 my neighborhood in doing that.

 

         20 I've also been an activist to create

 

         21 this bill since the moment that I arrived to this

 

         22 place, which no more children be poisoned by lead.

 

         23 I am very painfully in this situation

 

         24 today in which I'm going to vote for this bill. I

 

         25 think the Mayor should not be for this bill. I think

 

 

 

 

 

 




                                                            72

 

 

          1 STATED COUNCIL MEETING

 

          2 the Mayor and the Council should have never shared

 

          3 this bill, and not being in this situation today,

 

          4 but I believe that we need to protect children from

 

          5 lead poisoning, but it should not be at the cost of

 

          6 endangering affordable housing.

 

          7 I believe that the current bill as is

 

          8 will do that, and we need to come with a remedy to

 

          9 fix that, to make sure that we can bring back the

 

         10 non-damage to affordable housing, because if we

 

         11 don't, it's not going to be no children poisoned by

 

         12 lead, because all of the children are going to be

 

         13 homeless and there's not going to be housing for

 

         14 anybody.

 

         15 Therefore, this contradiction that we

 

         16 confront must be resolved, and we have to come to a

 

         17 sensible fixing of this problem as soon as possible.

 

         18 Saying that, I'm voting for this bill

 

         19 with a lot of heaviness in my heart, because I would

 

         20 like to vote for it one more time, for the lead

 

         21 elimination and not with a conflicted feeling

 

         22 attached to it, that it's going to damage affordable

 

         23 housing.

 

         24 I vote aye.

 

         25 COUNCIL CLERK: Perkins.

 

 

 

 

 

 




                                                            73

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER PERKINS: Thank you

 

          3 very much.

 

          4 I rise to vote aye on all but to ask

 

          5 for a moment to explain my vote.

 

          6 First, I am voting with a great deal

 

          7 of relief on my heart, and a great deal of joy in my

 

          8 heart, because we have finally, as an institution,

 

          9 embraced the children of the lead belt who have been

 

         10 victimized for years and years and years at the

 

         11 amount of 5,000 per year poisoned for life, with the

 

         12 social costs of billions and billions of dollars, as

 

         13 testified to by real doctors, not by advocates per

 

         14 se, but by doctors.

 

         15 And, so, I'm very pleased to be here

 

         16 today, voting to override this veto by the Mayor.

 

         17 I'm also pleased to extend my

 

         18 appreciation to the Speaker, to the Black, Latino

 

         19 and Asian Caucus, without whom this bill could not

 

         20 have moved forward, to the extraordinary leadership

 

         21 by New York City Coalition to end lead poisoning,

 

         22 especially those mothers who turn their despair into

 

         23 hope and came to the City Council because they knew

 

         24 in this body they would find allies and advocates

 

         25 who were sympathetic to their cause.

 

 

 

 

 

 




                                                            74

 

 

          1 STATED COUNCIL MEETING

 

          2 I am very hopeful that the Mayor will

 

          3 obey the law and implement this bill. But I'm

 

          4 concerned, I'm concerned because recently the

 

          5 Commissioner of Health sent out a letter that

 

          6 worries me about whether or not despite the law his

 

          7 heart will be in his responsibility to implement the

 

          8 law. I'm very concerned about that, because he

 

          9 basically predicted that under his watch this bill

 

         10 would be a failure.

 

         11 I don't know how one can enter into a

 

         12 marriage predicting it will be a disaster, and so

 

         13 I'm very concerned about a commissioner in the

 

         14 Department of Health whose responsibility is to

 

         15 implement the law that is predicting disaster for

 

         16 children in a continuation of 5,000 children,

 

         17 especially of color, being poisoned in this City.

 

         18 But I'm hopeful that his board's

 

         19 familiar --

 

         20 PUBLIC ADVOCATE GOTBAUM: Council

 

         21 Member.

 

         22 COUNCIL MEMBER PERKINS: And if you

 

         23 will indulge me, I will be concluding right away.

 

         24 PUBLIC ADVOCATE GOTBAUM: Please,

 

         25 Council member.

 

 

 

 

 

 




                                                            75

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER PERKINS:-- Will make

 

          3 sure that this bill is implemented in the proper

 

          4 way.

 

          5 Again, I want to thank my colleagues

 

          6 for their support. I think we have done the right

 

          7 thing by the children of the City of New York.

 

          8 We all are concerned about housing,

 

          9 especially those of us who have lived in the

 

         10 communities that have seen a renaissance, but there

 

         11 have been no evidence whatsoever to that effect --

 

         12 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

         13 Council member.

 

         14 COUNCIL MEMBER PERKINS: -- Presented

 

         15 this time --

 

         16 PUBLIC ADVOCATE GOTBAUM: Please.

 

         17 COUNCIL MEMBER PERKINS:-- Or the last

 

         18 time when the bill came before this Council.

 

         19 Thank you very much.

 

         20 PUBLIC ADVOCATE GOTBAUM: I know

 

         21 everybody feels very excited about this bill, but

 

         22 I'm going to have to ask you please to limit your

 

         23 comments to two minutes.

 

         24 Once one of you goes over, you know

 

         25 what happens.

 

 

 

 

 

 




                                                            76

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL CLERK: Oddo.

 

          3 COUNCIL MEMBER ODDO: I disagree with

 

          4 everything he just said. I vote no on Intro. 101-A,

 

          5 yes on everything else.

 

          6 COUNCIL CLERK: Rivera.

 

          7 COUNCIL MEMBER RIVERA: Madam Chair,

 

          8 if I can please be excused to explain my vote?

 

          9 PUBLIC ADVOCATE GOTBAUM: So ordered.

 

         10 COUNCIL MEMBER RIVERA: Thank you very

 

         11 much.

 

         12 Today, earlier, right before the

 

         13 Council Committee, I met a young mother who came up

 

         14 and said that her child was poisoned by lead, and we

 

         15 are here today to tell all future mothers that their

 

         16 children no longer have to -- they no longer have to

 

         17 fear their children being poisoned by such a deadly

 

         18 poison.

 

         19 We're doing this as a City government

 

         20 because we have an obligation to ensure the safety

 

         21 of the lives of our children and our future

 

         22 generation.

 

         23 The only way we can do that is by

 

         24 keeping in mind our obligation about ensuring that

 

         25 we provide leadership and by passing laws that

 

 

 

 

 

 




                                                            77

 

 

          1 STATED COUNCIL MEETING

 

          2 protect our very children's lives.

 

          3 I'd like to commend the leadership of

 

          4 Council Member Bill Perkins on this issue because we

 

          5 needed a leader on this issue and Bill Perkins,

 

          6 along with Stanley Michels in the previous Council

 

          7 were those leaders, and I think that we've done a

 

          8 phenomenal job deliberating, having conversations

 

          9 and getting into dialogue in the specifications of

 

         10 this bill, and now we can honestly say that 5,000

 

         11 children per year, that number will continue to

 

         12 decrease, and the children within the Bronx,

 

         13 Manhattan, Brooklyn, Queens and Staten Island, will

 

         14 no longer have to fear being poisoned by lead and

 

         15 now we don't have to worry about future billions of

 

         16 dollars being spent on medical expenses.

 

         17 Thank you very much, and I'd like to

 

         18 commend all of my colleagues for voting for this

 

         19 very important piece of legislation as well. Thank

 

         20 you.

 

         21 COUNCIL CLERK: Speaker Mr. Miller.

 

         22 SPEAKER MILLER: Thank you. If I could

 

         23 just briefly try to explain my vote. I am proud to

 

         24 vote aye.

 

         25 I just want to say, you know, a

 

 

 

 

 

 




                                                            78

 

 

          1 STATED COUNCIL MEETING

 

          2 couple of more things on this because I think it's

 

          3 important.

 

          4 I think that people of goodwill could

 

          5 disagree about the merits of this bill, but let me

 

          6 try to speak to a couple of the points that have

 

          7 been raised.

 

          8 First of all, the Commissioner of the

 

          9 Department of Health, when he testified at the

 

         10 final, at the next to last hearing on this bill, the

 

         11 final time there was testimony from the Department

 

         12 of Health. He testified that the bill that was

 

         13 before him formed the basis of a good, basis of a

 

         14 strong bill, and he raised a number of rejections.

 

         15 Not one of them included the presumption issue, not

 

         16 one. He didn't raise the presumption issue. The

 

         17 presumption issue came some time later down the

 

         18 road, we're not exactly clear from where, when the

 

         19 Commissioner of the Department of Health decided

 

         20 this. After two years of testimony he now says that

 

         21 this is the major problem.

 

         22 Well, let me try to address this

 

         23 directly, so that people can understand what the

 

         24 presumption issue is, because it sounds kind of

 

         25 funny.

 

 

 

 

 

 




                                                            79

 

 

          1 STATED COUNCIL MEETING

 

          2 It's this simple: The question is, if

 

          3 you are a landlord of a building that was built

 

          4 before 1960, if you don't know whether the paint in

 

          5 your building is lead or not, should you presume

 

          6 that it is lead, since it's a toxic substance that

 

          7 can poison children? Or should you not presume that

 

          8 it is lead?

 

          9 And the answer is of course you

 

         10 should presume that it is lead, because it's toxic

 

         11 and it poisons children.

 

         12 If you don't know, act like it is. If

 

         13 you want to find out whether or not it is, figure it

 

         14 out, and if it's not lead, then treat it like it's

 

         15 not lead.

 

         16 But if you won't know whether it's

 

         17 lead or not, of course you should presume it's lead.

 

         18 We're being asked by some to put an opposite

 

         19 presumption to law, a presumption that paint in

 

         20 pre-1960 buildings is not lead, even if we don't

 

         21 know whether it is or not, despite the fact that

 

         22 lead is a toxic substance that poisons children.

 

         23 Why would we do this? Because there's

 

         24 speculation that at some point down the road this

 

         25 may make it more difficult for some people to get

 

 

 

 

 

 




                                                            80

 

 

          1 STATED COUNCIL MEETING

 

          2 insurance. Well, we'll take a look at that when that

 

          3 happens, if it were to happen. But why should that

 

          4 be? This is the state of the law today, that was the

 

          5 state of the law between 1981 and 1998, it is the

 

          6 state of reality. Of course you should presume that

 

          7 it's lead if you don't know whether it's lead or

 

          8 not.

 

          9 No one could seriously come before

 

         10 this Council and suggest that you should presume

 

         11 that paint is not lead if you don't know whether it

 

         12 is or not. Of course you should.

 

         13 And, so, I say to my colleagues that

 

         14 on that issue we are right. On the other issues that

 

         15 have been worked out before this Council, many of

 

         16 which, most of which came with tremendous input from

 

         17 this Administration, from advocates on all sides,

 

         18 this bill is enforceable, this bill is responsible,

 

         19 this bill is cost effective because the savings from

 

         20 protecting children from lead poisoning are immense,

 

         21 and this bill is the right thing to do for the

 

         22 children of the City of New York and I vote aye.

 

         23 PUBLIC ADVOCATE GOTBAUM: All items on

 

         24 today's General Order Calendar were adopted by a

 

         25 vote of 50 in the affirmative, zero in the negative,

 

 

 

 

 

 




                                                            81

 

 

          1 STATED COUNCIL MEETING

 

          2 zero abstentions, with the exceptions of Intro.

 

          3 101-A, which was adopted by a vote of 44 in the

 

          4 affirmative, five negative, and one abstention.

 

          5 Revised Land Use Call-Ups were

 

          6 adopted by a vote of 50 in the affirmative, zero in

 

          7 the negative.

 

          8 Introduction and Reading of Bills.

 

          9 SPEAKER MILLER: All items are

 

         10 referred to the committee as indicated on the

 

         11 agenda.

 

         12 PUBLIC ADVOCATE GOTBAUM: Discussion

 

         13 of Resolutions.

 

         14 Remember, you have one minute.

 

         15 SPEAKER MILLER: Can I say a few words

 

         16 on this?

 

         17 PUBLIC ADVOCATE GOTBAUM: Yes, Mr.

 

         18 Speaker, you may go first.

 

         19 SPEAKER MILLER: Thank you, Madam

 

         20 Public Advocate.

 

         21 I just want to commend to my

 

         22 colleagues preconsidered Resolution 60, which was

 

         23 formerly Resolution 909-A, which passed out of the

 

         24 Government Operations Committee by a vote of seven

 

         25 to one.

 

 

 

 

 

 




                                                            82

 

 

          1 STATED COUNCIL MEETING

 

          2 This resolution has evolved in order

 

          3 to focus on what is really needed. Amendments to the

 

          4 law by Congress that will protect civil liberties

 

          5 guaranteed by the US Constitution, particularly at a

 

          6 time of war, particularly as our country's values

 

          7 are being challenged abroad, it's important for us

 

          8 to stand up to what the Constitution and what the

 

          9 United States has always stood for. And with the

 

         10 passage of this resolution, the City Council will be

 

         11 joined over 200 local governments and states that

 

         12 have passed similar acts, calling for congressional

 

         13 action.

 

         14 In fact, since we began first

 

         15 reviewing this resolution, there have been several

 

         16 developments that have firmed the need for this

 

         17 resolution.

 

         18 For example, the 2nd Circuit has

 

         19 ruled that it is legal for the President to

 

         20 unilaterally detain an American citizen in a

 

         21 military facility, without access to courts and an

 

         22 attorney, and it is un-America.

 

         23 In fact, a Federal Court in

 

         24 California ruled that parts of the Patriot Act are

 

         25 unconstitutional and violate the First and Fifth

 

 

 

 

 

 




                                                            83

 

 

          1 STATED COUNCIL MEETING

 

          2 Amendment by infringing on free speech and due

 

          3 process.

 

          4 So, today we are standing with

 

          5 judges, with the jurisprudence system, and

 

          6 supporting, in fact, Congress itself which has

 

          7 proposed a bipartisan measure, the Safe Act, to curb

 

          8 some of the constitutional actions of this Act.

 

          9 Look, today this Council calls for

 

         10 protecting the right to counsel, freedom of speech

 

         11 and association, protections against undue

 

         12 surveillance, guarantees of due process and the

 

         13 right to a speedy trial.

 

         14 New Yorkers who use the public

 

         15 library need to know that reading a book on religion

 

         16 will not somehow place them on FBI's most wanted

 

         17 list.

 

         18 We are a City of immigrants and

 

         19 giving the government's sweeping authority based

 

         20 upon a person's country of origin goes against the

 

         21 very principles upon which this nation and which

 

         22 this City was created.

 

         23 This resolution the Council is

 

         24 adopting shows that we can win the war on terrorism

 

         25 without compromising the constitutional rights that

 

 

 

 

 

 




                                                            84

 

 

          1 STATED COUNCIL MEETING

 

          2 we are ultimately fighting for.

 

          3 If we compromise those rights, the

 

          4 terrorists win.

 

          5 I thank my colleagues for their

 

          6 support of this resolution.

 

          7 PUBLIC ADVOCATE GOTBAUM: Council

 

          8 Member Felder.

 

          9 COUNCIL MEMBER FELDER: Thank you.

 

         10 "Repeal the tratorous Patriot Act.

 

         11 Bush lies." That's the sign that welcomes me to City

 

         12 Hall steps about an hour ago.

 

         13 We are at war. Ask the survivors,

 

         14 friends and families of September 11th tragedy. Ask

 

         15 anyone in this room. This resolution sends the wrong

 

         16 message at the wrong time in the wrong place.

 

         17 We're telling our government protect

 

         18 us at all costs, except we don't trust you to strike

 

         19 a balance between security and liberty.

 

         20 This Chamber is the wrong place. The

 

         21 United Supreme Court will ultimately decide whether

 

         22 government is doing the right thing, not the New

 

         23 York City Council.

 

         24 We are at war, and I cannot support

 

         25 any resolutions that ask New Yorkers to pretend

 

 

 

 

 

 




                                                            85

 

 

          1 STATED COUNCIL MEETING

 

          2 we're not.

 

          3 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

          4 Council member.

 

          5 Council Member Vallone.

 

          6 COUNCIL MEMBER VALLONE: Thank you.

 

          7 Maybe taking out a book on religion shouldn't put

 

          8 you on a list, but taking out ten books on how to

 

          9 build a bomb, will definitely put you on a

 

         10 government list.

 

         11 The vote came out of Committee seven

 

         12 to one. I was the one. There's a lot of information,

 

         13 misinformation out there about the Patriot Act. What

 

         14 the Patriot Act actually does is give the power to

 

         15 law enforcement that our Police Commissioner asked

 

         16 for. It allows different levels of government and

 

         17 different agencies to communicate, which was not

 

         18 allowed before the Patriot Act, and it gives the

 

         19 power to fight terrorists, it gives the government

 

         20 the power to fight terrorists, the same power it

 

         21 always had to fight the mob. That's what the Patriot

 

         22 Act does, put simply. The Patriot Act has helped

 

         23 keep us safe for two years. The safety of the public

 

         24 must always be the number one priority, not the

 

         25 right to suspected terrorists, and I proudly support

 

 

 

 

 

 




                                                            86

 

 

          1 STATED COUNCIL MEETING

 

          2 the Patriot Act and vote no on this resolution.

 

          3 PUBLIC ADVOCATE GOTBAUM: Council

 

          4 Member DeBlasio.

 

          5 COUNCIL MEMBER DeBLASIO: Thank you.

 

          6 We all in this Chamber believe in

 

          7 protecting the security of the people of this City

 

          8 and this nation, but I would say that we obviously

 

          9 first and foremost have to protect what made this

 

         10 nation what it is, our freedoms and our liberty, our

 

         11 bill of rights. And I have to disagree with some of

 

         12 our colleagues. I think in fact it is at the local

 

         13 level, where we've always had to protect our rights,

 

         14 sometimes our national government has gone in the

 

         15 wrong direction. You know, the McCarthy period is

 

         16 one example from not so long ago, and it was the

 

         17 people of this country at the grassroots level who

 

         18 said, no, we were veering away from our rights and

 

         19 liberties and we had to get back to them because

 

         20 that's what this country was founded on.

 

         21 So, I would simply say it is very

 

         22 important that New York City is taking a lead, is

 

         23 part of a movement of cities and counties and states

 

         24 all over the country that are saying our civil

 

         25 liberties come first, and we are not going to allow

 

 

 

 

 

 




                                                            87

 

 

          1 STATED COUNCIL MEETING

 

          2 the very foundation of our nation to be destroyed

 

          3 and this resolution is very, very important in that

 

          4 process.

 

          5 I urge all my colleagues to vote aye.

 

          6 PUBLIC ADVOCATE GOTBAUM: Council

 

          7 Member Oddo.

 

          8 COUNCIL MEMBER ODDO: I think the gold

 

          9 medal goes to inviting Robert Lagobi into this

 

         10 house. I think the Silver medal goes to passing a

 

         11 quote/unquote law resolution within a half a mile of

 

         12 Ground Zero, and I think the Bronze medal goes to

 

         13 voting at quote/unquote Patriot Act resolution.

 

         14 I agree with Peter Vallone. I think

 

         15 it makes sense to give those folks investigating

 

         16 terrorism the same tools that we're giving

 

         17 investigators who are going after drug lords and the

 

         18 mob. I vote no.

 

         19 PUBLIC ADVOCATE GOTBAUM: Council

 

         20 Member Reed.

 

         21 COUNCIL MEMBER REED: Thank you, Madam

 

         22 Public Advocate.

 

         23 I don't think anyone in here would

 

         24 challenge anybody else's patriotism. We have the

 

         25 luxury in this country to disagree, and disagree

 

 

 

 

 

 




                                                            88

 

 

          1 STATED COUNCIL MEETING

 

          2 vocally and peacefully.

 

          3 So, it's ironic that they have

 

          4 snatched the word patriotism from us and attached it

 

          5 to a bill which either you are a patriot or you're

 

          6 not a patriot. That in and of itself is unpatriotic.

 

          7 It speaks against exactly what we are standing for.

 

          8 Liberty for us to have engaged in a dialogue, it

 

          9 also allows the basis for our security.

 

         10 If there are elements of this, as

 

         11 Council Member Vallone pointed out, that truly would

 

         12 be useful to the police, we ought to examine those.

 

         13 Don't put it under some umbrella, and then make me

 

         14 have to look less patriotic than any of my

 

         15 colleagues. That is extremely against the tradition

 

         16 that I think not only do we stand for but we have

 

         17 fought for and died for. Thank you very much.

 

         18 PUBLIC ADVOCATE GOTBAUM: Council

 

         19 Member Rivera.

 

         20 COUNCIL MEMBER RIVERA: Thank you very

 

         21 much, Madam Public Advocate.

 

         22 In the Patriot Act there are about

 

         23 1,200 pages of information. Some of it is good, a

 

         24 large majority of it is bad.

 

         25 And one thing that I have to point

 

 

 

 

 

 




                                                            89

 

 

          1 STATED COUNCIL MEETING

 

          2 out is that we always have to remember that we live

 

          3 in a democracy. We do not live in a dictatorship.

 

          4 And we have to celebrate our freedom of speech, our

 

          5 civil liberties, our bill of rights, and the freedom

 

          6 of due process.

 

          7 Some of the main concerns is the fact

 

          8 that the government is now allowed to hold innocent

 

          9 people without due process and that's something that

 

         10 we have to question tremendously, and I think that

 

         11 it is incumbent upon us as local legislators and

 

         12 individuals to advocate and be the voice of so many

 

         13 and to state that we are going to speak up on this

 

         14 issue and they're going to vote this out, it's a

 

         15 shame that we have to be the 250th state -- I mean

 

         16 city, that came to the table and decided to vote

 

         17 this resolution out, but it's a good thing that we

 

         18 do this, we send a clear message that all across

 

         19 American we are against something that is against

 

         20 our basic beliefs, our democracy. Thank you very

 

         21 much.

 

         22 PUBLIC ADVOCATE GOTBAUM: Council

 

         23 Member Jackson.

 

         24 COUNCIL MEMBER JACKSON: Thank you,

 

         25 Madam Public Advocate.

 

 

 

 

 

 




                                                            90

 

 

          1 STATED COUNCIL MEETING

 

          2 I rise in favor of this resolution,

 

          3 and I have a flyer in my hand it says, "eroding

 

          4 liberty. Rights and freedoms we have lost as a

 

          5 result of the USA Patriot Act." And it talks about

 

          6 the First Amendment Freedom of Speech, and it goes

 

          7 on to talk about the Sixth Amendment, the right to

 

          8 legal representation, and the Fifth Amendment right

 

          9 to due process and freedom from being held without

 

         10 charge. And I've been told, and you know it's a

 

         11 fact, that this country is holding American citizens

 

         12 and other people without due process, and due

 

         13 process is the American way, and so we need to have

 

         14 that here in this country now.

 

         15 And as a district that represents

 

         16 over 70 percent of immigrants, many that have been

 

         17 impacted as a result of this Patriot Act, I stand to

 

         18 say that I'm against it, and I vote yes on the

 

         19 resolution and I urge my colleagues to do the same.

 

         20 Thank you very much.

 

         21 PUBLIC ADVOCATE GOTBAUM: Council

 

         22 Member Avella.

 

         23 COUNCIL MEMBER AVELLA: Thank you,

 

         24 Madam Public Advocate.

 

         25 I'm troubled by this resolution for

 

 

 

 

 

 




                                                            91

 

 

          1 STATED COUNCIL MEETING

 

          2 two reasons.

 

          3 One, the people in my district

 

          4 elected me to the City Council, they didn't elect me

 

          5 to represent them in Washington, and I actually

 

          6 believe the City Council as a body should be paying

 

          7 more attention to issues that we have direct control

 

          8 over.

 

          9 But even irrespective of that, nobody

 

         10 in this body is against personal liberty. Everybody

 

         11 in this body is a patriot, wants the best for this

 

         12 country. It's the issue of law enforcement and going

 

         13 against terrorism, and I will back up my colleagues

 

         14 who have spoken, Council Member Vallone, I reached

 

         15 out to the judicial branch of government, I reached

 

         16 out to law enforcement officials, and it's their

 

         17 opinion that the Patriot Act is much maligned for no

 

         18 reason.

 

         19 Right now it's politically correct to

 

         20 attack the Bush Administration, and I'm a Democrat,

 

         21 and the Patriot Act, but I cannot in good conscience

 

         22 take the tools away from law enforcement from going

 

         23 after terrorism.

 

         24 I vote no.

 

         25 PUBLIC ADVOCATE GOTBAUM: Council

 

 

 

 

 

 




                                                            92

 

 

          1 STATED COUNCIL MEETING

 

          2 Member Lopez.

 

          3 COUNCIL MEMBER LOPEZ: I begin

 

          4 attacking the Bush Administration when he invaded

 

          5 Afghanistan, not now. And I begin attacking that

 

          6 Administration because I believe that being a

 

          7 patriot is the one who loved this country and the

 

          8 one who stand up for the constitution of it, and

 

          9 doesn't allow the government of this country to

 

         10 question, destroy, modify or snatch away our

 

         11 constitutional right under the 14th Amendment. That

 

         12 is a patriot. And because I believe that that's what

 

         13 is being a patriot, I believe that the President of

 

         14 this country have put an agenda out there to make

 

         15 sure that we turn our country into something else

 

         16 that it has never been.

 

         17 Condemning the Patriot Act creation

 

         18 is nothing else than standing and being a good

 

         19 American, an American that believe in freedom, and

 

         20 an American that will not allow anybody, including

 

         21 the President of this country, to destroy our

 

         22 constitution and our 14th Amendment.

 

         23 We should condemn the Patriot Act now

 

         24 and forever.

 

         25 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

 

 

 

 

 




                                                            93

 

 

          1 STATED COUNCIL MEETING

 

          2 Council Member.

 

          3 Council Member Gerson.

 

          4 COUNCIL MEMBER GERSON: Madam Public

 

          5 Advocate, in fact, there have been abuses as a

 

          6 result of the Patriot Act, so-called Patriot Act

 

          7 excesses which go beyond what government agencies

 

          8 engage in to prosecute organized crime and other

 

          9 criminal endeavors.

 

         10 We are engaged in a war. It is a just

 

         11 war against terrorism which we must win. But these

 

         12 excesses which abridge our liberties and undermine

 

         13 the spirit and the principles which make our

 

         14 countries strong at its core, do not promote or

 

         15 refer to that war effort, and if anything, the false

 

         16 comfort they provide to some undermine efforts and

 

         17 the real sacrifices which must be made to prevail.

 

         18 I vote aye in support of this

 

         19 resolution, recognizing full well we live in

 

         20 perilous times, which will require measures beyond

 

         21 the ordinary, and will require extra security

 

         22 efforts to be made, but we do not have to engage in

 

         23 these abridgements of our basic democratic fabric.

 

         24 Thank you.

 

         25 PUBLIC ADVOCATE GOTBAUM: Council

 

 

 

 

 

 




                                                            94

 

 

          1 STATED COUNCIL MEETING

 

          2 Member Gallagher.

 

          3 COUNCIL MEMBER GALLAGHER: Thank you.

 

          4 All the current law enforcement

 

          5 mechanisms found in the Patriot Act are the same

 

          6 mechanisms that have been used by law enforcement

 

          7 agencies from the United States Attorney's Office,

 

          8 down to local district attorney's office, to police

 

          9 precincts, for many, many years. They were used to

 

         10 pursue, to destroy threats to the American way of

 

         11 life, such as organized crime, drug cartels,

 

         12 neo-Nazi organizations and even the Klu Klux Klan.

 

         13 The Patriot Act is simply a compilation of these

 

         14 existing anti-crime enforcement tools.

 

         15 This resolution is nothing more than

 

         16 a veiled political attack on the president and his

 

         17 Administration in an attempt to diminish the

 

         18 Administration's success in protecting and defending

 

         19 America.

 

         20 This legislative body convenes just a

 

         21 short distance from where the once great World Trade

 

         22 Center stood, a symbol of American prosperity and

 

         23 hope for the future. A place where thousands of our

 

         24 fellow citizens lives were taken by those who had no

 

         25 fear of retribution.

 

 

 

 

 

 




                                                            95

 

 

          1 STATED COUNCIL MEETING

 

          2 PUBLIC ADVOCATE GOTBAUM: Council

 

          3 member.

 

          4 COUNCIL MEMBER GALLAGHER: I'll be

 

          5 summing up.

 

          6 Our President has changed that

 

          7 mindset, and the Patriot Act is one step insurance

 

          8 that this will never happen again.

 

          9 I am proud to vote against this

 

         10 resolution, and I will not take a step backward in

 

         11 the fight against terrorism.

 

         12 PUBLIC ADVOCATE GOTBAUM: Please,

 

         13 Council member.

 

         14 COUNCIL MEMBER GALLAGHER: And I do

 

         15 not think that the City Council of the City of New

 

         16 York should either.

 

         17 I planned and intend on voting no.

 

         18 Thank you.

 

         19 PUBLIC ADVOCATE GOTBAUM: Council

 

         20 member, please, one minute.

 

         21 Council Member Perkins. I know you're

 

         22 going to stay to one minute.

 

         23 COUNCIL MEMBER PERKINS: Without a

 

         24 doubt, as always.

 

         25 Thank you very much, Madam Public

 

 

 

 

 

 




                                                            96

 

 

          1 STATED COUNCIL MEETING

 

          2 Advocate. I want to first take a moment to thank the

 

          3 New York Civil Liberties Union, and the Campaign for

 

          4 Defense of our Bill of Rights for their support in

 

          5 developing a movement that would help us to

 

          6 understand how the Patriot Act is really

 

          7 unpatriotic.

 

          8 It's unpatriotic because it

 

          9 underminds our civil rights and our civil liberties,

 

         10 and as Congressman Serrano points out, in the very,

 

         11 very eloquent way, quote, "we never give up our

 

         12 rights. That's what makes us Americans."

 

         13 Thank you very much.

 

         14 PUBLIC ADVOCATE GOTBAUM: Council

 

         15 Member Lanza.

 

         16 COUNCIL MEMBER LANZA: I'm going to be

 

         17 voting --

 

         18 COUNCIL MEMBER PERKINS: I want to

 

         19 bank the rest of my time for the next meeting.

 

         20 PUBLIC ADVOCATE GOTBAUM: No, you

 

         21 already spent out the bank, my friend.

 

         22 Council Member Lanza.

 

         23 COUNCIL MEMBER LANZA: Yes, thank you,

 

         24 Madam Public Advocate.

 

         25 I'm voting no on this Anti-Patriot

 

 

 

 

 

 




                                                            97

 

 

          1 STATED COUNCIL MEETING

 

          2 Act resolution, because I think it sends a terrible

 

          3 and wrong message, especially to our enemies,

 

          4 especially as we sit, as we do a few feet from where

 

          5 thousands of Americans were killed, for no other

 

          6 reason really than because of what they believed in.

 

          7 A great American President, Abraham

 

          8 Lincoln, understood that especially during times of

 

          9 war, that division at home only lends support to

 

         10 your enemies. And Councilman Felder mentioned that

 

         11 banner that was draped across the steps of the Hall

 

         12 as we all entered today. What he didn't mention,

 

         13 and, of course, a sentiment there likening this act

 

         14 to treason, what he didn't mention was it was on a

 

         15 long red banner, and my fear is that that long red

 

         16 banner will be seen as an invitation, a red carpet,

 

         17 if you will, to terrorists.

 

         18 Division only sends and lends support

 

         19 and heartens our enemies, and accordingly threatens

 

         20 the lives of men and women overseas who are

 

         21 protecting our lives.

 

         22 PUBLIC ADVOCATE GOTBAUM: Council

 

         23 Member Sanders.

 

         24 Quiet, please.

 

         25 COUNCIL MEMBER SANDERS: It's a

 

 

 

 

 

 




                                                            98

 

 

          1 STATED COUNCIL MEETING

 

          2 difficult issue, and there are merits on both sides

 

          3 of this thing, but I think that it's the strength of

 

          4 the American people that we can disagree at home and

 

          5 I think that this is the real fear of all

 

          6 terrorists, that this is a nation strong enough to

 

          7 have disagreement, and doesn't have to use

 

          8 totalitarian methods to get agreement on one thing.

 

          9 The price of freedom is eternal

 

         10 vigilance. Government is not in the business of

 

         11 giving you back your rights. I think that we have to

 

         12 stand up and be very clear in saying that we are not

 

         13 going to surrender our rights, that we just don't

 

         14 give them back.

 

         15 How can we export democracy abroad,

 

         16 and curtail it at home? We must not do this. This is

 

         17 unpatriotic to be for that patriotic act, and

 

         18 anybody that has to put yourself surrounded by the

 

         19 words the Patriot Act, is the first sign that

 

         20 there's something wrong with this Act.

 

         21 Thank you very much.

 

         22 PUBLIC ADVOCATE GOTBAUM: Council

 

         23 Member James.

 

         24 COUNCIL MEMBER JAMES: We all took an

 

         25 oath to defend the Constitution, both New York

 

 

 

 

 

 




                                                            99

 

 

          1 STATED COUNCIL MEETING

 

          2 State's Constitution and the United States of

 

          3 America. The right to free speech, the right to free

 

          4 expression, the right to due process, the right to a

 

          5 fair trial, the right to confront witnesses. To

 

          6 erode our rights, to trample on the rights of our

 

          7 liberties, to deny basic freedoms, to establish an

 

          8 immigration policy that closes its borders to some

 

          9 but not to others is inconsistent with the framers

 

         10 of our government and the fundamental basis upon

 

         11 which this government is founded.

 

         12 Dissent is a form of democracy.

 

         13 Dissent is freedom, and I vote for freedom.

 

         14 PUBLIC ADVOCATE GOTBAUM: Council

 

         15 Member Stewart.

 

         16 COUNCIL MEMBER STEWART: From the

 

         17 beginning I have been a staunch supporter of this

 

         18 resolution. Because I believe that we must ensure

 

         19 the civil liberties, that civil liberties are not

 

         20 trampled on in this name of national security.

 

         21 The Patriot Act seriously undermines

 

         22 people's constitutional rights and freedoms. Acting

 

         23 under these new police powers, law enforcement

 

         24 officials can now detain anyone without charges.

 

         25 They monitor person's Internet

 

 

 

 

 

 




                                                            100

 

 

          1 STATED COUNCIL MEETING

 

          2 activities without probable cause. They charge

 

          3 peaceful protectors with domestic terrorism when

 

          4 they engage in civil disobedience, and they can spy

 

          5 on First Amendment protectors' activities.

 

          6 Law enforcement officials can also

 

          7 obtain confidential information from library,

 

          8 medical or banking records without any evidence that

 

          9 the suspect is involved in any criminal activity.

 

         10 The New York City Council should be

 

         11 leading the nation in standing up against these

 

         12 measures which violate everything this country is

 

         13 supposed to stand for.

 

         14 PUBLIC ADVOCATE GOTBAUM: Thank you.

 

         15 COUNCIL MEMBER STEWART: Thank you.

 

         16 PUBLIC ADVOCATE GOTBAUM: Hearing no

 

         17 other comments, shall we go to a voice vote on the

 

         18 resolution?

 

         19 All in favor?

 

         20 Opposed?

 

         21 Any of you who want to register no,

 

         22 you have to come up to the desk.

 

         23 The resolution is passed.

 

         24 General Discussion.

 

         25 Council Member Monserrate.

 

 

 

 

 

 




                                                            101

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER PERKINS: I want to

 

          3 thank my colleagues for their support.

 

          4 PUBLIC ADVOCATE GOTBAUM: The hands

 

          5 are waving. Wait a minute.

 

          6 Council Member Monserrate.

 

          7 COUNCIL MEMBER MONSERRATE: Thank you,

 

          8 Madam Chair. I just wanted to make a brief

 

          9 announcement about a major class action lawsuit that

 

         10 was settled and unsealed this Saturday, past

 

         11 Saturday, regarding Latino Officers Association

 

         12 versus the New York City Police Department,

 

         13 Commissioner Safir, et al. That $26 million

 

         14 settlement package that I was one of the original

 

         15 plaintiffs in, filed in 1999, and I wanted to

 

         16 mention that disparities continue to exist in our

 

         17 municipal agencies and at times people have to

 

         18 access the court to access equity and equality. It's

 

         19 an unfortunate reality. It's also good to know that

 

         20 at the end of the day our system of justice does

 

         21 recognize the fact that this should be a system as

 

         22 equal to all. And I look forward to continue working

 

         23 with my colleague, and in promoting that thought and

 

         24 thank the members of the Black and Latino and Asian

 

         25 Caucus for their support in this mission and all

 

 

 

 

 

 




                                                            102

 

 

          1 STATED COUNCIL MEETING

 

          2 their support in the letter writing campaign.

 

          3 Thank you very much.

 

          4 PUBLIC ADVOCATE GOTBAUM: Council

 

          5 Member Barron.

 

          6 COUNCIL MEMBER BARRON: Thank you,

 

          7 Madam Chair.

 

          8 I just want my colleague to remember

 

          9 in their prayers the mother and father of Timothy

 

         10 Sansbury. Timothy Sansbury was killed by a New York

 

         11 City Police Officer on the rooftop of his project

 

         12 development.

 

         13 I want to commend Council Member Al

 

         14 Vann, it happened in his district, and his powerful

 

         15 message at the funeral left something for all of us

 

         16 to think about in this City.

 

         17 The rooftops of the housing

 

         18 developments is a regular passageway for people in

 

         19 public housing. For police officers to come on that

 

         20 rooftop with their guns drawn and to take the life

 

         21 of an innocent young man cannot be accepted in this

 

         22 City, and I'm hoping that my colleagues will monitor

 

         23 the process so that there is an indictment, as the

 

         24 evidence seems to be leading in that direction, and

 

         25 hopefully a conviction.

 

 

 

 

 

 




                                                            103

 

 

          1 STATED COUNCIL MEETING

 

          2 In addition, we have to send a

 

          3 message to Commissioner Kelly. We appreciate him

 

          4 saying that it was unjustified, but then to set up a

 

          5 commission, and have Commissioner Fyfe head it up to

 

          6 change the regulations, is an insult to us all.

 

          7 Commissioner Fyfe was the one who presented

 

          8 testimony at the Amadou Diallo trial that allowed

 

          9 for the police officer to walk. So, we want to make

 

         10 sure that Commissioner Fyfe be removed from the

 

         11 Commission and not head it up and get somebody

 

         12 independent that we can really trust to make some

 

         13 policy changes in the Police Department.

 

         14 We're also calling on the Mayor to

 

         15 investigate why is it that white police officers

 

         16 seem to frequently kill black citizens who are

 

         17 unarmed and innocent, and it doesn't happen, these

 

         18 accidents, these tragedies, they seem to never

 

         19 happen in other communities, they happen in the

 

         20 black and Latino communities to our youth,

 

         21 particularly our male youth.

 

         22 It has to stop. We're going to fight

 

         23 it, and I want the support of all my colleagues.

 

         24 Thank you very much.

 

         25 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

 

 

 

 

 




                                                            104

 

 

          1 STATED COUNCIL MEETING

 

          2 Council member.

 

          3 Council Member Reed.

 

          4 COUNCIL MEMBER REED: Thank you, Madam

 

          5 Public Advocate. I want to bring to my colleague's

 

          6 attention Intro. 139 and 140 which addresses the

 

          7 issue of identity theft.

 

          8 We are having a hearing on identity

 

          9 theft in the Consumer Affairs Committee on February

 

         10 12th, as has been identified by virtually every

 

         11 newspaper and advocacy group as the number one

 

         12 consumer complaint and concern.

 

         13 So, I know that we have a very full

 

         14 agenda, but I wanted to bring Intro. 139 and 140 to

 

         15 my colleagues' attention. I think this is an

 

         16 important bill, and we will be having a series of

 

         17 people, including the Secret Service, the FBI,

 

         18 talking about how easy it is for people to take your

 

         19 identity and use it, ruin your credit and also your

 

         20 name out in the community.

 

         21 If you know someone who has been a

 

         22 victim of identity theft, we are talking with

 

         23 victims now, people who may want to come and testify

 

         24 to help us move this bill forward. So, please see

 

         25 either myself or our legislative director Aaron

 

 

 

 

 

 




                                                            105

 

 

          1 STATED COUNCIL MEETING

 

          2 Lowenstein.

 

          3 Thank you very much.

 

          4 PUBLIC ADVOCATE GOTBAUM: Council

 

          5 Member Jackson.

 

          6 COUNCIL MEMBER JACKSON: Thank you,

 

          7 Madam Public Advocate.

 

          8 I rise to inform my colleagues that

 

          9 this morning at 10:30 there was a press conference

 

         10 held by the CFE, the Campaign for Fiscal Equity. The

 

         11 preliminary report costing out survey is basically

 

         12 saying that our consultants, who took a whole year

 

         13 to determine how much will it cost to provide the

 

         14 children of New York City and New York State sound

 

         15 basic education.

 

         16 Let me tell you the results. In New

 

         17 York City alone, based on the 2000/2001 school year,

 

         18 it would take an additional $3.2 billion every year

 

         19 to provide our children with a sound basic

 

         20 education, and if you factor that out to the 2004,

 

         21 2005 school year, which begins this September, it

 

         22 will cost approximately $4 billion for a year to

 

         23 provide our children with a sound basic education,

 

         24 and that does not include building of new schools.

 

         25 It only talks about from a programmatic point of

 

 

 

 

 

 




                                                            106

 

 

          1 STATED COUNCIL MEETING

 

          2 view.

 

          3 So, I ask all of you, my colleagues

 

          4 in the City Council, to support CFE in our costing

 

          5 out, by going to the website and accessing the

 

          6 information, and also reaching out to all of your

 

          7 State Assembly members and State Senators to support

 

          8 us in our campaign to provide all of the children of

 

          9 New York City and New York State, just give them the

 

         10 opportunity to receive a sound basic education like

 

         11 most of us have received.

 

         12 Thank you very much.

 

         13 PUBLIC ADVOCATE GOTBAUM: Council

 

         14 Member Lopez.

 

         15 COUNCIL MEMBER LOPEZ: Thank you,

 

         16 Madam Public Advocate.

 

         17 I'm rising to ask my colleagues to

 

         18 sign into a piece of legislation that I introduced

 

         19 today Intro. 83.

 

         20 The purpose of this piece of

 

         21 legislation is a project that I have been working

 

         22 for the last two years in my district where if we

 

         23 designate zones in which we're going to have an

 

         24 asthma-free zone in the school system, we can

 

         25 improve the health of our children who suffer from

 

 

 

 

 

 




                                                            107

 

 

          1 STATED COUNCIL MEETING

 

          2 asthma and at the same time save a tremendous amount

 

          3 of money in hospital costs and services to children

 

          4 in our communities.

 

          5 I'm going to ask you to look into

 

          6 that Intro. 83. This is cost effective. We can

 

          7 implement this in all of our communities, and our

 

          8 communities in particular where asthma is so

 

          9 prevalent and is directly connected to the school

 

         10 system because the idling of the buses, because the

 

         11 pollutants inside of the school create the trigger

 

         12 that create asthma in the children.

 

         13 Please look into Intro. 83, and I

 

         14 hope that you join me on this one. Thank you.

 

         15 PUBLIC ADVOCATE GOTBAUM: Thank you.

 

         16 Council Member Foster, I apologize.

 

         17 We switched papers and you got lost. You never get

 

         18 lost.

 

         19 COUNCIL MEMBER FOSTER: Thank you,

 

         20 Madam Public Advocate.

 

         21 I'd like to take a moment to bring to

 

         22 my colleagues' attention that today is the fifth

 

         23 anniversary of the murder of Amadou Diallo, and it

 

         24 was five years ago that we hoped no other mother

 

         25 would have to endure the pain of her son being

 

 

 

 

 

 




                                                            108

 

 

          1 STATED COUNCIL MEETING

 

          2 murdered at the hands of the police and here we are

 

          3 again. And we can look back from Eleanor Bumpers on,

 

          4 and we have to have honest discussions with each

 

          5 other, with our police force that makes us

 

          6 understand what is it about a dark place that makes

 

          7 you want to shoot first and ask questions later.

 

          8 And we have to start talking honestly

 

          9 and truthfully with each other so no other mother

 

         10 has to endure the loss of her son, a daughter, a

 

         11 grandmother, anything, because it's coming too far.

 

         12 And we talk about patriotism and what

 

         13 makes us American or not American, well, we are not

 

         14 safe at home, black faces are not safe and we have

 

         15 to do something. So when we go to bed tonight and we

 

         16 send up prayers, let's keep Amadou Diallo's parents

 

         17 in our prayers, because a mother lost a son

 

         18 needlessly, hit 19 times, where the police officers

 

         19 were found not guilty. To this day they have not

 

         20 apologized to the parents, and we are dealing with

 

         21 this again in Brooklyn and we have to have honest

 

         22 dialogue. We can no longer say I'm sorry to another

 

         23 mother.

 

         24 PUBLIC ADVOCATE GOTBAUM: Council

 

         25 Member Brewer.

 

 

 

 

 

 




                                                            109

 

 

          1 STATED COUNCIL MEETING

 

          2 COUNCIL MEMBER BREWER: Thank you. One

 

          3 announcement, which is I believe that Friday is the

 

          4 last day for voter registration for the March 2nd

 

          5 primary, and so tomorrow on the west side at five

 

          6 high schools, we will be leafletting and speaking to

 

          7 give out voter registration forms so that everyone

 

          8 who is 18 will be able to vote on March 2nd.

 

          9 I also want to mention that we have

 

         10 four bills that I hope you'll join, one that talks

 

         11 about the audible pedestrians, for those of us who

 

         12 are challenged in terms of ability to see, so that

 

         13 we will be in concert with other cities around the

 

         14 country. I think we've talked before about the

 

         15 violent video games to minors, trying to outlaw that

 

         16 in some cases, and talking about ways in which the

 

         17 National Rifle Association has every right to come

 

         18 to New York, but we have every right during the

 

         19 Republican National Convention to state that we

 

         20 don't like their policies.

 

         21 Thank you very much, Madam Public

 

         22 Advocate.

 

         23 PUBLIC ADVOCATE GOTBAUM: Council

 

         24 Member Clarke.

 

         25 COUNCIL MEMBER CLARKE: Thank you,

 

 

 

 

 

 




                                                            110

 

 

          1 STATED COUNCIL MEETING

 

          2 Madam Public Advocate. I would like to bring to my

 

          3 colleagues' attention two resolutions that have been

 

          4 submitted today, Resolution 14 and Resolution 15.

 

          5 Resolution 14 talks about the 200

 

          6 anniversary of Haitian Independence, which is being

 

          7 celebrated this year, starting with January 1st,

 

          8 1804, when former slaves defeated the army of

 

          9 Napolean, and the Island Nation of Haiti was born.

 

         10 I'd ask that my colleagues join me as

 

         11 we commemorate the first African Nation in the

 

         12 Western Hemisphere to be free, and that we continue

 

         13 to be supportive to our Haitian-American brothers

 

         14 and sisters who were fighting for democracy that

 

         15 it's continuing to build on the Island Nation of

 

         16 Haiti.

 

         17 Secondly, to denounce the sale of

 

         18 grand theft auto, that is a resolution that I

 

         19 brought before you before we started the new

 

         20 session. Attorney General Elliot Spitzer is now

 

         21 looking into the matter. As you may know, this video

 

         22 game asks its participants to kill all Haitians and

 

         23 how ironic in a year where they celebrate 200 years

 

         24 of independence that here in this nation we are

 

         25 encouraging young people to kill all Haitians.

 

 

 

 

 

 




                                                            111

 

 

          1 STATED COUNCIL MEETING

 

          2 I hope that you will join me in

 

          3 denouncing rock star games and sign onto this

 

          4 resolution.

 

          5 And then finally, this week we

 

          6 celebrated a birthday of this Legislature. I don't

 

          7 know if all of you are aware that 351 years ago on

 

          8 Monday, New York City received the Charter for the

 

          9 first municipal form of government transforming the

 

         10 colony into the first city in North America, so

 

         11 happy birthday everyone.

 

         12 Thank you, Madam Public Advocate.

 

         13 PUBLIC ADVOCATE GOTBAUM: Council

 

         14 Member Vann.

 

         15 COUNCIL MEMBER VANN: Thank you, Madam

 

         16 Public Advocate. I wish to express appreciation for

 

         17 both the Speaker and yourself who came to pay homage

 

         18 to the family of the young man who was killed in my

 

         19 district, Timothy Sansbury. I at the same time would

 

         20 like to thank Councilman Barron for the leadership

 

         21 he played in bringing comfort to the family playing

 

         22 an advocacy role.

 

         23 I would like to extend to the Police

 

         24 Commissioner and the Mayor for their taking the

 

         25 decent and I think the courageous position of

 

 

 

 

 

 




                                                            112

 

 

          1 STATED COUNCIL MEETING

 

          2 telling the truth and from deviating from the

 

          3 previous administration, as they indicated that this

 

          4 shooting was indeed unjustified.

 

          5 A lot has been done to try and help

 

          6 this family, but I know that the only thing that

 

          7 will bring some measure of comfort is that they

 

          8 receive justice in this case. They've lost their

 

          9 son, they'll have to live with that void all of

 

         10 their lives.

 

         11 There's not anything we can do,

 

         12 nothing we can give them that can compensate for

 

         13 that loss, and I hope that justice will be done in

 

         14 this case, and that we do all we can to eliminate

 

         15 the circumstances where a young black man,

 

         16 regardless whether they're walking on the rooftop or

 

         17 walking on the street or coming in the hallway, that

 

         18 he is not seen as a danger and one that can be shot

 

         19 and killed simply because he's doing his business,

 

         20 walking in his neighborhood, happens to be black.

 

         21 We should be committed to eliminating

 

         22 the circumstances under which this image can be in

 

         23 the minds of some, that can create such peril to

 

         24 parents and loved ones in the African-American

 

         25 community.

 

 

 

 

 

 




                                                            113

 

 

          1 STATED COUNCIL MEETING

 

          2 Thank you.

 

          3 PUBLIC ADVOCATE GOTBAUM: Council

 

          4 Member James.

 

          5 COUNCIL MEMBER JAMES: Thank you,

 

          6 Madam Public Advocate.

 

          7 I invite some of my colleagues today

 

          8 to join me at the wake of Sergeant Keith Ferguson,

 

          9 who died in the line of business, in the line of

 

         10 duty on Thursday, and he died most likely of a

 

         11 hidden heart defect.

 

         12 As you know, Sergeant Ferguson was in

 

         13 my district. He worked in the -- he was an NYPD

 

         14 officer for 17 years, and his wake is today between

 

         15 the hours of seven to nine at 353 Second Avenue in

 

         16 Manhattan, and his funeral is tomorrow at 10:00 at

 

         17 the Saint Andrew's Church. And he worked and he was

 

         18 assigned to the emergency services unit and he died

 

         19 in the line of duty chasing a suspect. And I would

 

         20 ask that my colleagues join me today at his wake.

 

         21 Thank you.

 

         22 PUBLIC ADVOCATE GOTBAUM: Council

 

         23 Member Fidler.

 

         24 COUNCIL MEMBER FIDLER: Thank you,

 

         25 Madam Public Advocate.

 

 

 

 

 

 




                                                            114

 

 

          1 STATED COUNCIL MEETING

 

          2 Last night I had the pleasure of

 

          3 attending an event at the Jewish Heritage Museum for

 

          4 the first time, and one of the exhibits at the

 

          5 museum was a game that was sold commercially in

 

          6 pre-World War 2 Nazi Germany, and the object of that

 

          7 game was for German citizens to chase as many Jews

 

          8 out of Germany as they could.

 

          9 When I was reading down the list of

 

         10 intros at today's meeting I came across Reso 15,

 

         11 that Council Member Clarke just spoke about. And

 

         12 I've added my name to that resolution today because

 

         13 I really think it is very important that we not

 

         14 allow this kind of insidious bigotry to be exposed

 

         15 to our children.

 

         16 I was very moved by that game I saw

 

         17 on how disgusting it was, and to stand by silently

 

         18 while a company markets a game that calls upon our

 

         19 children to kill Haitians or Cubans or any people,

 

         20 that kind of silence would be outrageous as well.

 

         21 So, I would urge all my colleagues

 

         22 first to visit the Jewish Heritage Museum, and

 

         23 second, to sign onto Reso 15, and I think we ought

 

         24 to pass it.

 

         25 PUBLIC ADVOCATE GOTBAUM: Thank you,

 

 

 

 

 

 




                                                            115

 

 

          1 STATED COUNCIL MEETING

 

          2 Council member.

 

          3 Seeing nobody else, I call the

 

          4 meeting adjourned.

 

          5 (Hearing concluded at 3:15 p.m.)

 

          6

 

          7

 

          8

 

          9

 

         10

 

         11

 

         12

 

         13

 

         14

 

         15

 

         16

 

         17

 

         18

 

         19

 

         20

 

         21

 

         22

 

         23

 

         24

 

         25

 

 

 

 

 

 




                                                            116

 

 

          1

 

          2 CERTIFICATION

 

          3

 

          4

 

          5 STATE OF NEW YORK )

 

          6 COUNTY OF NEW YORK )

 

          7

 

          8

 

          9 I, CINDY MILLELOT, a Certified

 

         10 Shorthand Reporter and Notary Public in and for the

 

         11 State of New York, do hereby certify that the

 

         12 foregoing is a true and accurate transcript of the

 

         13 within proceeding.

 

         14 I further certify that I am not

 

         15 related to any of the parties to this action by

 

         16 blood or marriage, and that I am in no way

 

         17 interested in the outcome of this matter.

 

         18 IN WITNESS WHEREOF, I have hereunto

 

         19 set my hand this 4th day of February 2004.

 

         20

 

         21

 

         22

 

         23

 

         24

                                   ---------------------

         25 CINDY MILLELOT, CSR.

 

 

 

 

 

 




                                                            117