1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LEGAL-EASE COURT REPORTING SERVICES, INC.

17 Battery Place - Suite 1308 New York, New York 10004 800-756-3410 COUNCIL MEMBERS: Joseph Addabbo Tony Avella Maria Baez Charles Barron Tracy Boyland Gale Brewer Yvette Clarke Leroy Comrie B E F O R E: BETSY GOTBAUM Public Advocate June 28, 2004 Start: 2:00 p.m. Recess: 4:15 p.m. City Hall Council Chambers New York, New York CITY COUNCIL CITY OF NEW YORK -------------------------------x THE TRANSCRIPT OF THE MINUTES of the STATED COUNCIL MEETING -------------------------------x

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCIL MEMBERS: Bill DeBlasio Erik Martin-Dilan Simcha Felder Lewis Fidler Helen Foster Dennis Gallagher Vincent Gentile Alan Gerson Eric Gioia Sarah Gonzalez Robert Jackson Latitia James Allan Jennings Melinda Katz Andrew Lanza John Liu Margarita Lopez Miguel Martinez Michael McMahon A. Gifford Miller Hiram Monserrate Eva Moskowitz Michael Nelson James Oddo Annabel Palma Bill Perkins Madeline Provenzano Christine Quinn Domenic Recchia Philip Reed Diana Reyna Joel Rivera James Sanders Helen Sears Jose Serrano Kendall Stewart Peter Vallone, Jr. Albert Vann David Weprin David Yassky A P P E A R A N C E S (CONTINUED)

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S (CONTINUED) STAFF: Victor Robles City Clerk Claude Cherry, Council Clerk

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATED COUNCIL MEETING SPEAKER MILLER: We have some special guests that are here today. I would like you to introduce them and then we can have the clerk read the proclamation. COUNCIL MEMBER ADDABBO: Thank you, Mr. Speaker. Good afternoon, everyone. Earlier in the year we had acknowledged Archbishop Molloy High School in Queens. We acknowledged their varsity and junior varsity bowling team as Citywide champs, and traditionally Archbishop Molloy has been an academic leader, as well as a sports leader throughout the City, so today it gives me great honor to acknowledge their class B Citywide champs for their hockey team. So, ladies and gentlemen, the Class B Citywide Champs for hockey, Archbishop Molloy High School. SPEAKER MILLER: If the clerk could read the proclamation. COUNCIL CLERK: Council of the City of New York, Proclamation. Whereas: The Council of the City of New York is proud and pleased to honor Archbishop Molloy High School Varsity Hockey Team; and

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATED COUNCIL MEETING Whereas: In 1957 Archbishop Molloy, the ordinary of the Diocese of Brooklyn and Queens, offered the Marist Brothers six acres of land in central Queens county allowing them to move and expand St. Anne's Academy; and Whereas: The Marist brothers moved to the new site naming it in honor of Archbishop Molloy, bringing staff and students along with many of the traditions of St. Anne's with them; and Whereas: Today the students are known as Stanners (St Anner's) and the school newspaper is known as The Stanner. The staff and students have maintained the traditions of academic excellence, effective religious education, service to others, achievement in athletics, and great school spirit; and Whereas: In the same tradition Mr. Richard Rogers and Mr. James Sheldon began the Hockey team in 1998; and Whereas: The Varsity Team in its very first season went to the city championships and lost in double overtime of game 3, and have made it to the playoffs every year and more importantly won the leagues sportsmanship award in 2002 & 2003; and

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATED COUNCIL MEETING Whereas: Coaches Richard Rogers, James Sheldon and William Jaaacovino have given tirelessly of themselves, not only teaching the skills required to play hockey effectively but also the more important example of volunteerism and good sportsmanship; and Whereas: Student athletes Robert Arayaes, Michael Carney, Matthew Davion, Nicholas DeVita, Paul DiNubila, Bryan Elfant, Thomas Farragher, Micheal Farrell, Christopher Francaviglia, James Grogan, Sean Kearney, Harrison Knee, Matthew Lavanco, Paul Livecchi, Christopher Massi, Sean Murphy, Gregg Neuendorf, Michael Oseback, Jonathan Pflug, Daniel Scagnelli and Brandan Tracey; now, therefore Be It Known: That the Council of the City of New York honors THE ARCHBISHOP MOLLOY VARSITY HOCKEY TEAM for its outstanding contributions to our community through its dedicated leadership and commitment to teach not only the sport of hockey, but also more importantly the values of good sportsmanship. Signed this 28th day of May in the

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year Two Thousand and Four, Gifford Miller, Speaker

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATED COUNCIL MEETING for the Entire Council; Joseph P. Addabbo, Jr., Council Member, 32nd District, Queens. SPEAKER MILLER: My colleagues, thank you for your attention. We are so proud of all of you, and particularly of our young people for showing sportsmanship and teamwork and all the extraordinary discipline that comes with being a successful hockey team or any kind of sports effort. Coach Rogers, we're proud of you as well. Thank you for your service to our City and we would be grateful if you would say a few words. COACH ROGERS: Sure. Thank you. Thank you, sir. First we have a team picture we would like to present to you, our team captains, Sean Kearney, Paul Livecchi. And a tee-shirt and hockey skates are coming later on. We would like to thank you and Councilman Addabbo, on behalf of the players, the parents, the school, we would like to thank you so much for this honor. It's deeply and sincerely appreciated. Thank you. SPEAKER MILLER: Thank you. Thank you guys. Congratulations to you all. Congratulations.

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The City is proud of you. Congrats.

8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STATED COUNCIL MEETING Councilwoman Katz. Councilwoman Katz, I know you have a number of very special guests that are here, and we'd like you to bring them forward. COUNCIL MEMBER KATZ: Can I introduce everyone to the only female football team in the City of New York, the New York Sharks. Can I invite my colleagues up to honor the team? Where is the Mascott. I invite Dennis Gallagher up as well. He was the one who made the introductions for me. Mascots are women. This entire team are women. Thank you very much. Mr. Speaker, just a little background on the New York Sharks. The New York Sharks are part of the Independent Women's Football League. Like I said, they are the only women's football team in the City of New York. In the Year 2002, they won the championship. Last year they were in the playoffs, and in July we expect that they will once again bring the trophy back to the City of New York, because they are in the playoffs, and will make it to the championships.

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I'd like to introduce, Amada Douglas is the owner of the New York Sharks. Meryl Lizig

9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STATED COUNCIL MEETING does the PR, and Crystal Turpin is the General Manager. Where are you, Crystal? SPEAKER MILLER: If the Clerk could read the proclamation. CITY CLERK ROBLES: Council, City of New York, Proclamation. Whereas: The New York Sharks are the only New York Metropolitan area women's pro tackle football team and are one of three teams who began the Women's Pro Football League in 1999, and remain the only original team today still in existence; and Whereas: The New York Sharks set up The Fins Up Foundation which promotes girls and women in sports; and Whereas: The New York Sharks won the IWFL National Championship in 2002, competed for it in 2003, and set an IWFL record for winning every regular season game since 2002. The New York Sharks have also won the IWFL Eastern Division Conference Championship in 2001, 2002 and will play for the 3x title on July 10th, 2004; now, therefore, Be It Known: That the Council of the

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City of New York declares June 28, 2004 to be NEW YORK SHARKS DAY, signed this 28th day of June in the

10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 STATED COUNCIL MEETING year Two Thousand and Four, Melinda Katz, 29th District in Queens; Council Members Quinn, Brewer, Baez, Palma, Reyna, Gonzalez, Boyland, Comrie, Lopez, Moskowitz, Provenzano, Foster, Sears, James, Clarke, Gallagher, Gentile, and Minority Leader Oddo. SPEAKER MILLER: Andrea Rogers, the owner, we're very proud of you and what all of you guys have accomplished on behalf of our great City, we'd be appreciative if you would say a few words. MS. ROGERS: Actually, it's we who are appreciative. We're happy to be here. We really appreciate the acknowledgment, and I know not everyone knows that there's women pro football out there, but we're here and this is one of the most amazing groups of people, and heck of a football player team. You know what I mean. Thank you. SPEAKER MILLER: Yes. Thank you. Thank you, all. Good luck. Good luck. Bring home the Gold. Council Member Yvette Clarke. There she is. Council Member Clarke.

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I know we have a very special family that is here today. I would like to ask them to come up. You can introduce them, Council Member Yvette

11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 STATED COUNCIL MEETING Clarke. COUNCIL MEMBER CLARKE: I would like to call forward at this time the family members of the distinguished teacher, novelist, playwright, John Oliver Killens. My colleagues, please give this family a round of applause. This is a truly historic day in our Chambers. We have the widow, daughter and granddaughter of the distinguished writer/teacher and novelist, John Oliver Killens. He is an essayist who was Founder and Chairman of the Harlem Writers Guild, Council Member Perkins, and the Vice President of the Black Academy of Arts and Letters, the Mecca. Whether as a teacher, a novelist or an essayist, Mr. Killens drove in all his work to dispel and express the black experience in this country. In doing so, he reached an audience that transcended boundaries of race and color to express common denominators in human nature.

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With great pleasure and honor we pause in our deliberations during this ceremonial to present to the John Oliver Killens family

12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 STATED COUNCIL MEETING posthumously this proclamation in honor of his acclaim and all that he has given to our City, our State and our Nation, God bless you all. SPEAKER MILLER: If the Clerk could read the proclamation. COUNCIL CLERK: Council of the City of New York, Proclamation. Whereas: The Council of the City of New York is pleased to posthumously honor John Oliver Killens for his distinguished contributions to the cultural and intellectual life of our nation; and Whereas: It is the tradition and great privilege of the New York City Council to recognize individuals that have enhanced our City with their contributions, and today we posthumously honor the life and legacy John Oliver Killens; and Whereas: Dr. John Oliver Killens led an incredibly full and productive life. He was a novelist, essayist, social critic, activist,

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teacher, playwright and screenwriter whose work not only informed and strengthened our understanding of society, but added depth and dimension to the African-American experience; and

13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 STATED COUNCIL MEETING Whereas: A man of prodigious intellect and equally vast imaginative powers, Dr. Killens was mentor to many of our nation's preeminent writers, including: Maya Angelou, John Henrik Clarke, Nikki Giovanni, Audre Lorde and Amiri Baraka; and Whereas: Dr. Killens' generosity of spirit was displayed each time he entered a classroom. During the 1970s, he served as the writer-in-residence at Howard University's prestigious Institute for the Arts and Humanities. He also taught at Fisk, Columbia, Bronx Community College and the New School for Social Research before spending the final years of his life as the writer-in-residence at Medgar Evers College; and Whereas: Dr. John Oliver Killens was a Pulitzer Prize nominee who believed in the revolutionary and redemptive power of writing, and the need for people of color, young and old, to make their stories known. During his lifetime, he was the

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co-founder and chairman of the Harlem Writers Guild, vice president of the Black Academy of Arts and Letters, and founder of the National Black Writers Conference at Fisk, Howard University and Medgar

14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 STATED COUNCIL MEETING Evers College; and John Oliver Killens was a writer and teacher whose work has increased the potential of our moments. With clarity, talent and a fierce conviction in the written word, Dr. Killens managed to inform our culture; he opened up the African American experience to wider social and critical discourse and in doing so added to our present day expressions of cultural significance; now, therefore, Be It Known: That the Council of the City of New York posthumously honors DR. JOHN OLIVER KILLENS for his distinguished contributions to culture. Signed this 28th day of June in the year Two Thousand and Four, Gifford Miller, Speaker for the Entire Council; Yvette D. Clarke, Council Member, 40th District, Brooklyn. SPEAKER MILLER: We are so grateful to

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you for being here with us, that we have this opportunity to honor this extraordinary man and for all his contributions to our City and our State and our country and the world, and we'd very grateful if one of you would be willing to say a few words.

15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 STATED COUNCIL MEETING MS. KILLENS RIVERA: Yes, thank you. On behalf of the family of John Oliver Killens, my name is Barbara Killens Rivera. I would like to thank the City Council for this proclamation to my father. He fought in World War II against fascism and came home to join the struggle for peace, justice, equality and freedom. He would commend this Council for standing up, along with so many other people who oppose the invasion of Iraq. And it would please him to know that this Council has also joined with more than 250 other cities in opposing the Patriot Act. He would say that we must all continue the long distance struggle, not to give into tyranny and fear. We need to continue to work for fair housing, full employment, equality and public education, and health care for our citizens, regardless of class, color or creed. And I thank you. Please search his

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books out. Thank you. SPEAKER MILLER: Thank you. Council Member Jackson, I know you have some special guests. COUNCIL MEMBER JACKSON: Thank you,

16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 STATED COUNCIL MEETING Mr. Speaker. Good afternoon, everyone. We are here to honor a Jamaican American star, Mabel Richardson, who on July 14th will turn 102 years young. And we are joined by members of her family and not only her personal family, but her church family here, the Archbishop and brothers and sisters from the Church, and fellow friends. And let me just say this, that her grandson, Ruth Richardson, this tall guy over here, him and I grew up together playing in the backyards of 148th Street between St. Nicholas and Convent, and that's where Mabel Richardson lives. She is en route now, so hopefully before the Stated Meeting is over, she will arrive. She's not here right now but her brother is going to receive the proclamation on her behalf Mr. Aubrey Moncrieff. And before, Mr. Speaker, I would like

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to read a poem that was read this past Saturday at her home. Mabel Richardson: GeriAmerican Star. Mabel Richardson is 102, can still approach things the young ones can't do; Born in Jamaica, love her fellow men,

17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 apple pie; Her legs may be feeble and her hair turned to gray, but never a day has she neglected to pray; An avid church-goer, a lady so kind, who now we salute - a legend in time; She rallied around folks through peace and in war, finally to emerge, the GeriAmercian star. STATED COUNCIL MEETING most of her life a garviate, my friend; A Black Cross Nurse in Cuba, I heard, making Florence Knightengale look like a bird; Stood up for humanity, whether rich or poor, those who could not reach her, she went to their door; Scotch bonnet, pepper always, I'll tell you no lie; Though migrated to America and became

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Lenny Wright, June 2002. Thank you. SPEAKER MILLER: If we could ask the clerk to read the proclamation. CITY CLERK ROBLES: The Council, City of New York, Proclamation.

18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 STATED COUNCIL MEETING Whereas: The Council of the City of New York is pleased and proud to honor Mabel Richardson on the occasion of her 102nd Birthday; and Whereas: Seniors are important members of society, individuals who have helped shape and inform the modern world; we have all been enriched by the legacy of the senior community, a legacy that has ensured the safety, progress, and prosperity of our great country for generations to come; and Whereas: Today, we are delighted to join family, friends, and community members as they gather to celebrate the 102nd Birthday of Mrs. Mabel Richardson, a woman whose longevity is matched only by her faith in the Lord and her deep compassion for others; and

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Whereas: Mabel Richardson was born to Mary Matilde Searchwell-Moncrieff in Jamaica, West Indes, on July 14th, 1902; and Whereas: In 1919, Mabel left Jamaica for the balmy shores of Cuba where she spent the next 2 years active in the Marcus Garvey movement, and worked as a Black Cross nurse; and

19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 STATED COUNCIL MEETING Whereas: In 1921, Mabel arrived in New York and began what would become an important and enduring lifelong relationship with the African Orthodox Cathedral in Harlem, a church where she is still a member to this day; and Whereas: Shortly after becoming a member, Mabel joined Bishop Gladstone Nurse in holy matrimony. Several years after her husband's passing, Mabel wedded Godfrey Richardson and stayed married until his death in 1988; and Whereas: In over 100 years of living, Mabel Richardson has done much to be proud of: She has helped others in need and has contributed in profound ways to the spiritual life of the community; she has inspired others with her generosity and has helped make a difference in countless lives; now, therefore

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Be It Known: That the Council of the City of New York honors MABEL RICHARDSON on the blessed occasion of her 102nd Birthday. Signed this 28th day of June in the year Two Thousand and Four, Gifford Miller, Speaker for the Entire Council; Robert Jackson, Council Member, 7th District, Manhattan; Bill Perkins,

20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 speech. I just want to note also we have a Proclamation from the Borough President that we will also present. A proclamation from our great Borough STATED COUNCIL MEETING Deputy Majority Leader, Council Member, 9th District, Manhattan; Leroy G. Comrie, Majority Whip, Council Member, 27th District, Queens. SPEAKER MILLER: Mr. Moncrieff, we are so grateful you are here. We know we can't wait for Mabel to arrive, so we can applaud her, but we thank you for accepting this proclamation on her behalf. Would you like to say a few words? MR. MONCRIEFF: Sure. Hello. Councilmen, ladies and gentlemen, and all the officials, I thank you very much for this. SPEAKER MILLER: Thank you. Great

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President, Virginia Fields. We thank her for participating. Okay, my colleagues, thank you very much. PUBLIC ADVOCATE GOTBAUM: Stated Meeting of June 28th, 2004 will come to order, please. Roll call. CITY CLERK ROBLES: Addabbo.

21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 STATED COUNCIL MEETING COUNCIL MEMBER ADDABBO: Here. CITY CLERK ROBLES: Avella. COUNCIL MEMBER AVELLA: Here. CITY CLERK ROBLES: Baez. COUNCIL MEMBER BAEZ: Here. CITY CLERK ROBLES: Barron. COUNCIL MEMBER BARRON: Here. CITY CLERK ROBLES: Boyland. COUNCIL MEMBER BOYLAND: Here. CITY CLERK ROBLES: Brewer. COUNCIL MEMBER BREWER: Here. CITY CLERK ROBLES: Clarke. COUNCIL MEMBER CLARKE: Present. CITY CLERK ROBLES: Comrie. COUNCIL MEMBER COMRIE: Here. CITY CLERK ROBLES: DeBlasio.

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COUNCIL MEMBER DEBLASIO: Here. CITY CLERK ROBLES: Dilan. COUNCIL MEMBER DILAN: Here. CITY CLERK ROBLES: Felder. COUNCIL MEMBER FELDER: Here. CITY CLERK ROBLES: Fidler. COUNCIL MEMBER FIDLER: Here. CITY CLERK ROBLES: Foster.

22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 STATED COUNCIL MEETING (No response.) CITY CLERK ROBLES: Gallagher. COUNCIL MEMBER GALLAGHER: Here. CITY CLERK ROBLES: Gennaro. (No response.) CITY CLERK ROBLES: Gentile. COUNCIL MEMBER GENTILE: Here. CITY CLERK ROBLES: Gerson. COUNCIL MEMBER GERSON: Here. CITY CLERK ROBLES: Gioia. COUNCIL MEMBER GIOIA: Here. CITY CLERK ROBLES: Gonzalez. COUNCIL MEMBER GONZALEZ: Here. CITY CLERK ROBLES: Jackson. COUNCIL MEMBER JACKSON: Here.

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COUNCIL CLERK: James. COUNCIL MEMBER JAMES: Here. CITY CLERK ROBLES: Jennings. COUNCIL MEMBER JENNINGS: Here. CITY CLERK ROBLES: Katz. COUNCIL MEMBER KATZ: Here. CITY CLERK ROBLES: Koppell. (No response.) CITY CLERK ROBLES: Lanza.

23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 STATED COUNCIL MEETING COUNCIL MEMBER LANZA: Here. CITY CLERK ROBLES: Liu. COUNCIL MEMBER LIU: Here. CITY CLERK ROBLES: Lopez. COUNCIL MEMBER LOPEZ: Here. CITY CLERK ROBLES: Martinez. COUNCIL MEMBER MARTINEZ: Here. CITY CLERK ROBLES: McMahon. COUNCIL MEMBER McMAHON: Here. CITY CLERK ROBLES: Monserrate. COUNCIL MEMBER MONSERRATE: Here. CITY CLERK ROBLES: Moskowitz. COUNCIL MEMBER MOSKOWITZ: Here. CITY CLERK ROBLES: Nelson. COUNCIL MEMBER NELSON: Here.

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COUNCIL CLERK: Palma. COUNCIL MEMBER PALMA: Here. CITY CLERK ROBLES: Perkins. COUNCIL MEMBER PERKINS: Here. CITY CLERK ROBLES: Provenzano. COUNCIL MEMBER PROVENZANO: Here. CITY CLERK ROBLES: Quinn. COUNCIL MEMBER QUINN: Here. CITY CLERK ROBLES: Recchia.

24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 STATED COUNCIL MEETING COUNCIL MEMBER RECCHIA: Here. CITY CLERK ROBLES: Reed. COUNCIL MEMBER REED: Here. CITY CLERK ROBLES: Reyna. COUNCIL MEMBER REYNA: Here. CITY CLERK ROBLES: Sanders. COUNCIL MEMBER SANDERS: Here. CITY CLERK ROBLES: Seabrook. (No response.) CITY CLERK ROBLES: Sears. COUNCIL MEMBER SEARS: Here. CITY CLERK ROBLES: Serrano. COUNCIL MEMBER SERRANO: Here. CITY CLERK ROBLES: Stewart.

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COUNCIL MEMBER STEWART: Present. CITY CLERK ROBLES: Vallone. COUNCIL MEMBER VALLONE: Here. CITY CLERK ROBLES: Vann. COUNCIL MEMBER VANN: Here. CITY CLERK ROBLES: Weprin. COUNCIL MEMBER WEPRIN: Here. CITY CLERK ROBLES: Yassky. (No response.) CITY CLERK ROBLES: Oddo.

25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 good health. PUBLIC ADVOCATE GOTBAUM: Invocation STATED COUNCIL MEETING COUNCIL MEMBER ODDO: Here. CITY CLERK ROBLES: Rivera. COUNCIL MEMBER RIVERA: Here. CITY CLERK ROBLES: Speaker Miller. SPEAKER MILLER: Here. PUBLIC ADVOCATE GOTBAUM: Council Member Moskowitz? COUNCIL MEMBER MOSKOWITZ: If I could vote on the general call-ups and Land Use now, I would appreciate it. I vote aye on all. PUBLIC ADVOCATE GOTBAUM: Please go in

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by Reverend Craig Gaddy. All rise. REVEREND GADDY: Let us pray. Our Father and our God, we come assembled in this day with the spirit of thanksgiving. We thank you for our rising this morning, and for the dexterity of our limbs; We thank you for bringing us down to City Hall; and in this, we ask that you would bless

26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STATED COUNCIL MEETING all of the members of our Council and their staff members. We ask you that you would bless their Speaker, Mr. Gifford Miller; we ask that you would bless the Public Advocate, Ms. Gotbaum, as they continue to go forward with making the decisions that continues to keep the heartbeat in our community vibrant; We ask that you would bless them in a special manner, as they continue to make the decisions that brings about a change in our lives; We ask you that you would bless all of the voters that have gone out and have selected them, that they may be our representatives, that

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they may lead us and guide us to that which makes us a better people, a better city and a better state; So, we thank you for this. We thank you for all things, as you will continue to guide them and keep them. This, we give you thanks, in the name that is above every other name and matchless to none, we thank you, amen. PUBLIC ADVOCATE GOTBAUM: Motion to spread the invocation by Council Member Reyna. COUNCIL MEMBER REYNA: I just want to take a moment to thank Reverend Gaddy. He's a true

27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STATED COUNCIL MEETING friend, a true leader in the spiritual community, and I look forward to having him again as our guest. I move to spread the invocation in full upon the record. PUBLIC ADVOCATE GOTBAUM: Adoption of the Minutes, Council Member Nelson. COUNCIL MEMBER NELSON: I make a motion that the minutes of the Stated Meeting of May 19th, 2004 be adopted as printed. PUBLIC ADVOCATE GOTBAUM: So moved. Messages and Papers from the Mayor. COUNCIL CLERK CHERRY: None. PUBLIC ADVOCATE GOTBAUM:

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Communication from City, County and Borough Offices. COUNCIL CLERK CHERRY: None. PUBLIC ADVOCATE GOTBAUM: Petitions and Communications. COUNCIL CLERK CHERRY: None. PUBLIC ADVOCATE GOTBAUM: Land Use Call-Ups. COUNCIL CLERK CHERRY: M 190. SPEAKER MILLER: Coupled on the Call-Up Vote. COUNCIL CLERK CHERRY: M 191.

28 1 2 3 4 5 6 7 8 9 10 11 12 13 Call-Up Vote. At this point I would ask the clerk to call the roll on all items coupled on the Call-Up Vote. COUNCIL CLERK: Addabbo. COUNCIL MEMBER ADDABBO: Aye. COUNCIL CLERK: Avella. COUNCIL MEMBER AVELLA: Aye. COUNCIL CLERK: Baez. COUNCIL MEMBER BAEZ: Aye. COUNCIL CLERK: Barron. STATED COUNCIL MEETING SPEAKER MILLER: Coupled on the

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(No response.) COUNCIL CLERK: Boyland. COUNCIL MEMBER BOYLAND: Aye. COUNCIL CLERK: Brewer. COUNCIL MEMBER BREWER: Aye. COUNCIL CLERK: Clarke. COUNCIL MEMBER CLARKE: Aye. COUNCIL CLERK: Comrie. (No response.) COUNCIL CLERK: DeBlasio. COUNCIL MEMBER DeBLASIO: Aye on all. And with permission, Madam Public Advocate, I would

29 1 2 3 4 5 6 7 8 9 10 11 12 13 STATED COUNCIL MEETING like to vote aye on all items on today's agenda going forth? PUBLIC ADVOCATE GOTBAUM: So moved. COUNCIL MEMBER DeBLASIO: Thank you. COUNCIL CLERK: Dilan. COUNCIL MEMBER DILAN: Aye. COUNCIL CLERK: Felder. COUNCIL MEMBER FELDER: Aye. COUNCIL CLERK: Fidler. COUNCIL MEMBER FIDLER: Aye. COUNCIL CLERK: Foster. (No response.)

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COUNCIL CLERK: Gallagher. COUNCIL MEMBER GALLAGHER: Aye. COUNCIL CLERK: Gentile. COUNCIL MEMBER GENTILE: Aye. COUNCIL CLERK: Gerson. COUNCIL MEMBER GERSON: Aye. COUNCIL CLERK: Gioia. COUNCIL MEMBER GIOIA: Yes. COUNCIL CLERK: Gonzalez. COUNCIL MEMBER GONZALEZ: Aye on all. And I request permission to vote on all items, please. I need to leave. Thank you.

30 1 2 3 4 5 6 7 8 9 10 11 12 STATED COUNCIL MEETING PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL CLERK: Jackson. COUNCIL MEMBER JACKSON: Aye on all. COUNCIL CLERK: James. COUNCIL MEMBER JAMES: Aye. COUNCIL CLERK: Jennings. COUNCIL MEMBER JENNINGS: Pass. COUNCIL CLERK: Katz. COUNCIL MEMBER KATZ: Aye. COUNCIL CLERK: Lanza. COUNCIL MEMBER LANZA: Aye.

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COUNCIL CLERK: Liu. COUNCIL MEMBER LIU: Aye. COUNCIL CLERK: Lopez. COUNCIL MEMBER LOPEZ: Here. Oh, aye. COUNCIL CLERK: Martinez. COUNCIL MEMBER MARTINEZ: Aye. COUNCIL CLERK: McMahon. COUNCIL MEMBER McMAHON: Madam Public Advocate, I request unanimous consent of my colleagues to be able to vote yes on all General Orders? Owing to pressing family business, I need to leave. PUBLIC ADVOCATE GOTBAUM: So ordered.

31 1 2 3 4 5 6 7 8 9 10 11 12 STATED COUNCIL MEETING COUNCIL MEMBER McMAHON: Thank you. COUNCIL CLERK: Monserrate. COUNCIL MEMBER MONSERRATE: Aye. COUNCIL CLERK: Nelson. COUNCIL MEMBER NELSON: Aye. COUNCIL CLERK: Palma. COUNCIL MEMBER PALMA: Aye. COUNCIL CLERK: Perkins. COUNCIL MEMBER PERKINS: Aye. COUNCIL CLERK: Provenzano. COUNCIL MEMBER PROVENZANO: Aye.

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COUNCIL CLERK: Quinn. COUNCIL MEMBER QUINN: Aye. COUNCIL CLERK: Recchia. COUNCIL MEMBER RECCHIA: Aye. COUNCIL CLERK: Reed. COUNCIL MEMBER REED: Aye. COUNCIL CLERK: Reyna. COUNCIL MEMBER REYNA: Aye. COUNCIL CLERK: Sanders. COUNCIL MEMBER SANDERS: Aye. COUNCIL CLERK: Sears. COUNCIL MEMBER SEARS: Aye. COUNCIL CLERK: Serrano.

32 1 2 3 4 5 6 7 8 9 10 11 STATED COUNCIL MEETING COUNCIL MEMBER SERRANO: Aye. COUNCIL CLERK: Stewart. COUNCIL MEMBER STEWART: Aye. COUNCIL CLERK: Vallone. COUNCIL MEMBER VALLONE: Aye. COUNCIL CLERK: Vann. COUNCIL MEMBER VANN: Aye. COUNCIL CLERK: Weprin. COUNCIL MEMBER WEPRIN: Aye. COUNCIL CLERK: Yassky.

12 13 14 15 16 17 18 19 20 21 22 23 24 25

(No response.) COUNCIL CLERK Foster. COUNCIL MEMBER FOSTER: Aye. COUNCIL CLERK: Jennings. COUNCIL MEMBER JENNINGS: Aye. COUNCIL CLERK: Oddo. COUNCIL MEMBER ODDO: Yes. COUNCIL CLERK: Yassky. COUNCIL MEMBER YASSKY: Aye. COUNCIL CLERK: Rivera. COUNCIL MEMBER RIVERA: Aye.

COUNCIL CLERK: Speaker Mr. Miller. SPEAKER MILLER: Aye.

PUBLIC ADVOCATE GOTBAUM: Today's Land

33 1 2 3 4 5 6 7 8 9 10 11 STATED COUNCIL MEETING Use votes were adopted by a vote of 48 in the affirmative, zero in the negative. Communication from the Speaker. SPEAKER MILLER: Okay, my colleagues, we have a number of important pieces of legislation that we're passing today. I want to begin, though, by acknowledging some members of the family of one of our colleagues that are here today, Margarita Lopez has three nieces, all of them are lesbians who are here for the parade and who are here in support

12 13 14 15 16 17 18 19 20 21 22 23 24 25

of the DASA bill and the Equal Benefits Bill. Barbara, Vanessa and Yvonne Lopez, thank you for being with us. I also would like to note that Bill DeBlasio has his mother here. Thank you for joining us. Anyone else have family members here? SPEAKER MILLER: My wife is watching at home. Hi, honey. Okay, we have a number of important pieces of legislation that we're doing today, and I want to start with the Equal Benefits Bill. My colleagues, to me this is a fundamental issue of human rights. This is a simple

34 1 2 3 4 5 6 7 8 9 10 STATED COUNCIL MEETING matter of whether this City is going to participate in a systematic discrimination against one class of New Yorkers and Americans - lesbian, gay, transsexual and transgendered Americans. Because quite simply, and very clearly, every day the government of the United States and the State of New York deny LGBT New Yorkers and Americans the right to get married. As a result of that, and as a result

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

of the privileges that come with marriage, it is extraordinarily difficult, if not impossible, and impossible in many, many cases for New Yorkers to get health benefits for their domestic partners. We have seen firsthand through these hearings the human consequences of that legislation. The bill is also called Dominique's Law, because sadly, Dominique is no longer with us. She was unable to get health coverage because of society's discrimination against the LGBT community. This law will help make sure that hundreds of thousands of New Yorkers have the same rights the rest of us have. That's it. Pure and simple. And it stands for the proposition that New York City will not use taxpayer money to support

35 1 2 3 4 5 6 7 8 9 10 STATED COUNCIL MEETING discriminatory treatment. That's it. I am saddened that the Mayor vetoed this legislation. Saddened, because it was an opportunity for his administration to stand up and say that human rights are the most important thing that we can assure. And then if we use our contracting powers in other ways as we have, the Mayor signed a number of contracting bills. We can and should use them to advance the cause of equal

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

rights for all New Yorkers and Americans. So, I congratulate my colleagues for their support for this measure, and I would like to give an opportunity for the prime sponsor, Christine Quinn, to say a few words on the subject. COUNCIL MEMBER QUINN: Thank you. First and foremost, I want to thank all the members of the City Council who voted for the Equal Benefits Bill, and moved the bill forward to the desk of the Mayor to be signed, and I think it is really a very, very sad day here today that Mayor Bloomberg has chosen to veto this bill. This is a bill which says that a family is a family. This is a bill that says equal work deserves equal pay.

36 1 2 3 4 5 6 7 8 9 STATED COUNCIL MEETING This is a bill which says that New York City, when we spend taxpayer money, should be consistent. We have offered domestic partnership to municipal workers for years; why do we not require it when we're paying for workers in the form of a contract? Mayor Bloomberg, when he was candidate Bloomberg, said he supported this type of

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

legislation. Now that he is the Mayor he says he can't sign it because he doesn't support using the contracting process to promote social policy. There is clear hypocrisy in those words, because he has signed contracting bills, like the Energy Star Bill, and like, perhaps the biggest and most comprehensive contracting bill, the Living Wage Bill. So, one is left to ask why is this contracting bill different to Mike Bloomberg? Perhaps it's different because he is less committed to the rights of domestic partners and the LGBT community than the City Council. We owe particular thanks today to the Speaker of the City Council and the Chair of the Contracts Committee, Robert Jackson. And I want to say, although Mayor

37 1 2 3 4 5 6 7 8 9 STATED COUNCIL MEETING Bloomberg is clearly not committed to the rights and needs of domestic partners or the lesbian and gay, bisexual and transgendered community, and although he feels comfortable with a hypocritical veto, we in the City Council will make sure we protect the rights of domestic partners and the LGBT -- if I can't do it -- will protect those rights, and we will protect those rights by overriding this veto,

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

and we will make sure that the laws of the City of New York treat all people and all families, and all workers the same, and we will let no message of a veto stand in our way in our quest for full civil rights for all New Yorkers. Thank you very much. SPEAKER MILLER: Thank you, Council Member Quinn. I just want to note that we are joined in the gallery by Leslie Thorpe, who was Dominique's partner, and Sadie, their daughter. Thank you, both, for being with us, and being inspirational on this legislation. We're also passing important legislation that finally, and I mean finally, puts the City of New York on record through law that

38 1 2 3 4 5 6 7 8 STATED COUNCIL MEETING racial profiling is unacceptable in the City. It should not just be a matter of policy. It should be, and it will be after today, a matter of law. This is the right thing to do for all New Yorkers. It's the right thing because every New Yorker should know that they are free from being

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

discriminated against, or being racially profiled. It's the right thing to do for our police officers because it sends a strong message that they can work with the communities and that communities can be confident in their treatment, and that ultimately helps police, our tremendous police force, do its fine work. And it's the right thing to do for future generations, for this body to make very clear that when we say we believe in equal rights, we mean we believe in equal rights. I want to give the sponsor of this legislation, Council Member Reed, an opportunity to say a few words. COUNCIL MEMBER REED: Thank you very much, Mr. Speaker. I appreciate your remarks, and I want to thank all of the staff people that worked on this bill, particularly Ted Baecher, but especially

39 1 2 3 4 5 6 7 8 STATED COUNCIL MEETING my colleague in the City Council, Chair of the Public Safety Committee, Peter Vallone, Jr., who in our dialogue became as positive a supporter of this bill as I had been since before 9/11. This bill I think provides the citizens of New York protection of even a perceived crime.

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Many of us in the communities of color have experienced first hand and have certainly heard from our constituents their concerns about the relationship they have, or lack of one, with law enforcement, and how they feel that just be being African American or being black, that they are subject to indiscriminate stops and being harassed on the street. This bill extends to them the opportunity to say, this is against the law. But it also extends to all other groups who feel that perhaps they have been discriminated against by law enforcement, whether you have religious or ethnic or sexual orientation as a purpose for stopping people, that is no longer acceptable in the City of New York. I think it also says that in passing

40 1 2 3 4 5 6 7 STATED COUNCIL MEETING this bill, in support that we have with the Mayor and the Police Commissioner, that we in the City have come a long way. We try to address a problem from both sides to find a way to make something workable. And this is, I think, therefore, historic legislation, and as you said, begins to heal the

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

wounds that were there, but also allow us to work together to fight crime, not to fight our citizens. Thank you very much for your support. SPEAKER MILLER: Thank you. We are also passing important legislation, the Dignity for All Students Act, which is also legislation that I regret that we have to pass in the first place. We ask repeatedly for the Department of Education to institute a clear uniform policy on bullying and harassment in the schools. We all know that there is bullying and harassment in our schools, and this Council does not think that it can legislate that behavior away. What we do believe is that it is incumbent upon the Department of Education to have the clear uniform policy and to track where there are incidents and how to respond to them.

41 1 2 3 4 5 6 7 STATED COUNCIL MEETING This was particularly pointed out recently when the Justice Department finally entered into an agreement with the Department of Education, after having investigated and being shocked by the treatment of Asian-American students in Lafayette High School. But it is borne up by the experience of

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

so many young people in schools across our City everyday. The least that we can expect is for the Department of Education to institute a clear policy to make clear that it won't tolerate this kind of behavior, and to take reasonable steps to track it to make sure that they are doing something. That's all we asked. We were unable to get an agreement on it, and so we passed this legislation. But we wouldn't be here without a very strong coalition of partners and I want to thank Phyllis Steinberg, as Chair of the Coalition, the DASA Coalition from P-Flag, Neila Marone, also P-Flag, Alan Vann Koppell and Chris Cormier of ASPA and Kevin Jennings and Tony O'Rourke of GLSEN, and so many others who worked very hard. And I'd like to give the prime sponsor, Alan Gerson, an opportunity to say a few words.

42 1 2 3 4 5 6 STATED COUNCIL MEETING Councilman Gerson. COUNCIL MEMBER GERSON: Thank you, Mr. Speaker. And since you've already acknowledged the leaders and members of the DASA Coalition, let me just add a thank you to you for your leadership in

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

making this possible, to all of my colleagues who sponsored and supported this bill, and those who engaged in the laborious process bringing us to this date of the vote, Council Members Moskowitz, Quinn, Liu, Jackson, Lopez and Brewer. I also want to acknowledge my own Chief of Staff who truly spearheaded this important piece of legislation. He deserves a round of applause. Mr. Speaker, my colleagues, I call upon all of you and each of you across all regional, ideological and party lines to join together in supporting this bill which upholds dignity for all of our young people. For too many children, the great challenge in going to school every day is not excelling in subjects or sports, but basic survival, survival with safety and dignity intact. For too many, going to school means going through a gauntlet of taunting and teasing, pushing and pulling.

43 1 2 3 4 5 6 STATED COUNCIL MEETING Whether it's because they're lesbian, gay, bisexual, or perceive to be, whether it's because of their race, religion or ethnicity, and we remember the poignant testimony brought forth by Council Member John Liu of Asian-American students mercilessly

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

harassed because of their background; whether it's because of their appearance, or just because they don't fit in for any reason, or for no reason at all, for too many young people, growing up and going to school is defined by the pecking order in the most cruel and awful way. But Mr. Speaker, and my colleagues, the greatest shame in all of this is the complicity, the complicity by governmental and bureaucratic officials who accept this as just part of growing up, or who just don't bother to do anything about it, and so there's a horrendous act of violence, which when we look at the act of violence, has its antecedence (sic) in teasing and taunting and bullying. Mr. Speaker, as you pointed out, this bill simply puts in place basic statistical keeping requirements and proactive measures, which will begin, begin to evolve youth culture so that we will

44 1 2 3 4 5 STATED COUNCIL MEETING reach the day when bullying is the great exception to the rule, and not as common as it now is. It will send a message to young people across our districts that bullying should not

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

be a part of growing up. It will send a message to teachers and administrators that we will support their efforts to intervene to prevent the practice, and it will send messages to the Department of Education that at long last they must get serious about dealing with this problem. We talk about human rights in so many contexts in this body, but we must remember that human rights and dignity for all begins in the school yard of the school room, and it must begin here in this body by passing this bill. Thank you very much, my colleagues. SPEAKER MILLER: My colleagues, there are many other important pieces of legislation. We are passing legislation to eliminate predatory practices of those who are perceived to hold themselves out to be immigration assistance providers but have no real expertise. An enormously, unfortunately, common problem were those who prey upon those who are most vulnerable, who take dollars

45 1 2 3 4 5 STATED COUNCIL MEETING from families that are desperate and provide no real service in return. We are passing legislation to extend the moratorium on awnings enforcement to clean up

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

and ensure fair treatment of newsracks; to ensure that all high school students will be provided with voter registration forms when graduating, and another step forward in ensuring that our young people are part of the process. We also have a number of other legislation in updating our Fire Code. We have a number of Land Use items, one in particular, though, that I want to give the Chair of the Land Use Committee an opportunity to say a few words on; and that is, the rezoning of Downtown Brooklyn, a sweeping rezoning. And I want to compliment my colleagues from that area, and the Chair, and the Chair of the Subcommittee, and all of my colleagues in the Land Use Committee for their hard work in making sure this very important rezoning came forward, and give the Chair an opportunity to say a few words on this subject. COUNCIL MEMBER KATZ: Thank you, Mr. Speaker.

46 1 2 3 4 STATED COUNCIL MEETING Today we are recommending to pass out of the New York City Council the rezoning of Downtown Brooklyn.

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

This is a key component in the economic development in the City of New York. I want to thank Speaker Miller, Council Member James, Council Member Yassky, Chair of the Subcommittee Avella for all of the hard work they've put into this in order to reach the conclusion that we have today. This rezoning will add 4.5 million square feet of new class A office space, 700,000 square feet of associated retail, 18,500 office jobs located in Brooklyn, and 8,000 construction jobs generated by new development. It will also have 1,000 new housing units and 200,000 square feet of associated retail. My colleagues, this is a sweeping piece of legislation and it will do wonders for the economic development of this City. However, during the hearings and throughout the process, the involvement of certain properties on Duffield Street within this rezoning area came under scrutiny.

47 1 2 3 4 STATED COUNCIL MEETING There is an issue as to whether some of these properties on Duffield Street were used in the history of the underground railroad.

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

As a result of all the questions raised, I want to thank the community and the advocates and the Council members that were involved in all of these discussions, because we never would have reached to this point, were it not for the hard work of all of the advocates involved. But as a result of all the questions that have been raised by the community and the advocates, we have reached an agreement with all the Council members and everyone involved with this whose district it is represented by. I believe that we came out of this in a good way, in a fair way, and it is the right thing to do today to pass this rezoning. But my colleagues, we have reached an agreement, and I would like to explain what that is. Number one, the Committee is recommending passing of this rezoning. Number two, the Landmarks Committee, the Subcommittee on Landmarks, and I want to thank Simcha Felder for this, will hold a very full,

48 1 2 3 STATED COUNCIL MEETING accurate and fair hearing so that everyone can come and testify as to any records that show any

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

involvement with the underground railroad on these pieces of property on Duffield Street. The hearing will take place either in the end of July or August. We need to make sure there is enough time for the research to be done by everyone involved, to make sure that the hearing is an accurate one and full one, but we also have to make sure that it is done soon enough in order to have true standards as we move forward, so that the City knows how the rezoning is going to go forward, and to make sure that we stop it in the time process involved. I want to thank Simcha Felder for agreeing to have the hearing at the Subcommittee level. And I do believe that this was the right compromise to come to. As everyone on the Committee, and, really, it passed unanimously out of the Land Use Committee, after hours and hours and hours of hearings, this is a good piece of economic development for the City. It is the right thing to

49 1 2 3 STATED COUNCIL MEETING do for the City of New York. But on the other side, we also need

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

to make sure that if there is historical value involved and if there was underground railroad involved in the Duffield Street area, we also need to make sure that there is a fair and accurate hearing to make sure that those issues come out and the records show what the involvement was. We will then, after the Landmarks hearing has its testimony, have a recommendation from the Landmarks Committee to the Landmarks Commission, and we have every reason to believe, and we have great faith that the City will take our recommendations seriously, and know that if there was historical value here, that it should be preserved. Mr. Speaker, I want to once again thank the Council members who represent this area, and especially the Committee that was involved, the Land Use Committee, in making sure that we reach this compromise. Thank you. SPEAKER MILLER: That concludes the communication from the Speaker.

50 1 2 STATED COUNCIL MEETING PUBLIC ADVOCATE GOTBAUM: Discussion

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

of General Orders. Council Member Jackson. COUNCIL MEMBER JACKSON: Thank you, Madam Public Advocate. I rise to ask my colleagues today to override the Mayor's veto in reference to Intro. 137-B, which is the Equal Benefits Bill. And it's called "137-B" because we have held several hearings on this particular matter, and the staff of the Contracts Committee, along with the leadership of Council Member Christine Quinn have met with those that are in favor of this piece of legislation that's being introduced, and those that oppose it for various reasons. And we have tried to bring forward a balance, one that will try to, hopefully by consensus, to have this bill introduced into law. Unfortunately, we were not able to reach a consensus, but we felt that we have left a room for those individuals that oppose the bill for whatever reasons they oppose it, in order to still participate in the process of the procurement in contracting out in the City of New York. So, my colleagues, I rise today to

51 1 2 STATED COUNCIL MEETING ask you again to vote yes when it comes to Intro.

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

137-B, knowing that we represent all people that live in New York City, and that when it comes to contracts, no one should discriminate against an individual that is employed, and they are entitled to all of the help and other benefits that every other individual is entitled to. And more specifically, Leslie, the partner of Dominique, those are my constituents, and I could never, never ever look her in the eye and say that I voted no against this particular matter, knowing that this particular bill will discriminate against her and her family. So, I'm going to look her in the eye and say that I vote yes, and that I will never discriminate against anyone. Thank you. PUBLIC ADVOCATE GOTBAUM: Council Member James. COUNCIL MEMBER JAMES: Thank you, Public Advocate. COUNCIL MEMBER JENNINGS: Pass. PUBLIC ADVOCATE GOTBAUM: Oh. Council Member Felder.

52 1 STATED COUNCIL MEETING

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Member Barron.

COUNCIL MEMBER FELDER: Madam Public Advocate, may I be excused to vote and leave? I don't know how you say that. PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER FELDER: Yes on all, except Intro. 137-B, I vote no. Resolution 152-A, I vote no. Resolution 389-A, I abstain. Thank you very much. PUBLIC ADVOCATE GOTBAUM: Council

Excuse me, Council Member James, I thought you said pass. I'm sorry. COUNCIL MEMBER JAMES: No, that was Councilman Jennings who said "pass." PUBLIC ADVOCATE GOTBAUM: Sorry. Council Member James. COUNCIL MEMBER JAMES: Thank you, Madam Public Advocate. I rise today to vote in support of several human rights initiatives that are on the general calendar. The Equal Rights Benefit, which is nothing more than a civil rights, an extension of civil rights to another class of individuals. In addition, I vote in support of the

53 1 STATED COUNCIL MEETING

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

racial profiling bill, as well as the prohibiting acts of harassment, and the consumer protection bill which would address predatory practices concerning immigrant assistance. In addition, I also vote in support of the resolution that addresses living wages for individuals who do the work of angels, and Reso 389, which is the right to free speech, right to organize, right to assemble, and the right to dissent. I also rise to talk about the Downtown Brooklyn planned development, which as you know is a major economic development initiative to create opportunities for stimulating and integrating commercial, academic, cultural and residential development in the Downtown Brooklyn area. I vote in support of this piece of legislation for a number of reasons. At the outset I was opposed to this piece of legislation, but I now vote in support of it, because of the following commitments of the Administration: 1) To commit to affordable housing on Mertle Avenue; to commit to affordable housing on

54

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STATED COUNCIL MEETING Vanderbilt Avenue; and to ensure that half of the units will be affordable, specifically towards individuals who live in Community Board 2 and reflect the average income level of the individuals who live within that particular community board. 2) This is nothing more than an extension of MetroTech, MetroTech 2. And as I have expressed to the Administration my concern with regard to going forward on this initiative and not to repeat the mistakes of MetroTech 1, they have assured me that they are going to link jobs created by Downtown Brooklyn to the local residents, particularly of Ingersol, Faragut and Whitman Public Developments -PUBLIC ADVOCATE GOTBAUM: Time, Council member. COUNCIL MEMBER JAMES: -- Where there is high rates of unemployment. And in addition, there is a number of other initiatives -PUBLIC ADVOCATE GOTBAUM: Time, Council member. COUNCIL MEMBER JAMES: And I'm glad we reached a compromise on Duffield properties, and I

55

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STATED COUNCIL MEETING want to thank Councilman Avella, who was instrumental -PUBLIC ADVOCATE GOTBAUM: Please, Council Member, you're out of order. COUNCIL MEMBER JAMES: Thank you very much. And I just want to thank my other colleagues. PUBLIC ADVOCATE GOTBAUM: Council Member Baez. COUNCIL MEMBER BAEZ: Permission to vote, please? Thank you, Madam Public Advocate. I vote aye on all items on the General Order Calendar, and all resolutions. Thank you. PUBLIC ADVOCATE GOTBAUM: So ordered. Council Member Barron. COUNCIL MEMBER BARRON: I thank you, Madam Chair. I rise to say that I cannot give this Council a yes vote on Land Use items 147 to 165 as it relates to the Downtown development. I think we need to be very cautious as we move forward in development for the abuse of eminent domain, for the displacement of residents, for traffic congestion, for promises for jobs that

56

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STATED COUNCIL MEETING never come. Remember Metro 1? Seventy-eight percent of the people in the projects right across the street from it were unemployed, and they still are after the completion of MetroTech, and definitely Duffield Street. And I want to work with my colleagues on that. I am abstaining on this vote, cannot give it a yes vote with my colleagues, because the Administration didn't just misrepresent itself as related to the underground railroads, they blatantly lied, and said that they spoke to the Schomburg and got an approval from the Schomburg that in fact that it was not a historical site. My colleagues did agree to have hearings and have it reviewed and give us an opportunity to bring in evidence, and I hope the evidence will stop the development. I'm abstaining for this and we should reprimand the Administration strongly for lying and letting us falsely believe, having us believe that they went to the Schomburg and got evidence that in fact there was not a historical site.

57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Member Gioia. COUNCIL MEMBER GIOIA: Thank you, Madam Public Advocate. Today the City Council takes an historic step forward in moving the democracy for our City, democracy each of us represents, by registering a new generation of voters. The Young American Vote Act will register approximately 30,000 young voters every year, by making graduation day, registration day, within a decade we will truly register an entire generation of voters. We know that democracy is not something that just happens in Washington or Albany or even at City Hall. Democracy is something that STATED COUNCIL MEETING Schomburg came forward and said that was not true. They believe that it probably is and they're going to join us in coming up with the evidence. So, with that, I want to encourage my colleagues, I know I'm abstaining on this until we have the evidence, until we can be assured that no historical sites are going to be destroyed for development. PUBLIC ADVOCATE GOTBAUM: Council

58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATED COUNCIL MEETING happens amongst people. Unfortunately, when our Constitution was drafted, "we the people," didn't mean all the people. To vote in this country you had to be a land owner, you had to be a man, and you had to be white. Each time that we removed barriers of voting, democracy has flourished, whether it be in the 1870s, when people of color gained the right to vote, the 1920s when women began the right to vote, the 1970s when the voting age was reduced to 18, or even in the 1980s when people with disabilities gained the right to vote. Unfortunately, even though this is a right that generations of Americans had lived and died for, too few people vote each year in an election. In this City, of the 6 million people who are eligible to register to vote, only about half of them register. Of that, only about one-third show up on Election Day. That means 5 million people who can vote do not vote on an average election, in an average election in New York City. Keep that in mind when you realize that 2000 presidential race, less than 550 votes separated Al Gore and George Bush. Truly in America

59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Member Weprin. COUNCIL MEMBER WEPRIN: Thank you, Madam Public Advocate. I rise and urge my colleagues to support Intro. 272-A, which is extending the moratorium on awnings violations. The City Planning Commission, unfortunately, has been dragging their feet for well over a year. I had introduced legislation over a Council member. COUNCIL MEMBER GIOIA: Thank you, Madam Public Advocate. PUBLIC ADVOCATE GOTBAUM: Council STATED COUNCIL MEETING every vote counts. This is in fact voting the keystone to our democracy. This bill, as I said, will register a generation of New Yorkers. Last week I was in Bryant High School, and I gave out 600 voter registration cards. That could have been the difference between Al Gore and George Bush. I ask all my colleagues for their support on this bill. PUBLIC ADVOCATE GOTBAUM: Time,

60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATED COUNCIL MEETING year ago, basically to establish parity between awnings which are the traditional mom and pop store signs and the flat signs, which are the larger commercial more established stores, such as supermarkets and drug stores that we see all over the City. Basically, it was really unfair to place mom and pop stores at a significant competitive disadvantage as to size of letterings and what could be put on their signs, while the flat signs or the larger commercial establishments had no restrictions and they were actually literally right next door to the mom and pop stores. That legislation unfortunately requires a zoning change as well, updating a 1961 archaic zoning resolution, which says on these awning signs you can only have the name and the address of the establishment. I have stores in my district; for example, a pizza store received a violation for saying "free delivery" and listing the phone number of the store. Another store, a bagel store, got a violation for having a picture of a bagel on the store. It's an absurd regulation. It should be

61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Member Yassky. COUNCIL MEMBER YASSKY: Thank you. I, first, would like to rise in support, strong support of the Equal Benefits Bill that we are passing today. This is without question one of the most, much. PUBLIC ADVOCATE GOTBAUM: Council Member Rivera. COUNCIL MEMBER RIVERA: Thank you very much, Madam Public Advocate. I would like to take the opportunity to vote aye on all items on today's agenda. PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER RIVERA: Thank you very STATED COUNCIL MEETING changed. Unfortunately, City Planning has not instituted the regulations yet, and we're asking for another moratorium until July 14th, 2005, retroactive to January 14th, 2005, to provide parity between mom and pop stores and the larger commercial establishments. I urge my colleagues to vote for 272-A. Thank you. PUBLIC ADVOCATE GOTBAUM: Council

62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATED COUNCIL MEETING perhaps the most important piece of legislation we have adopted in the two and a half years that I have been part of this Council, and I could not be more proud to stand in support of this fundamental basic civil rights measure. I also wanted to speak in support in the series of Land Use actions collectively called the Downtown Brooklyn rezoning plan. The purpose of this plan is to help New York City compete with New Jersey, Westchester and Connecticut for high-paying office jobs, tens of thousands of which of those jobs we lost in the last boom, and this plan will help us keep those jobs in the next boom. There is no question in my mind that this rezoning is a good thing for New York City, and it's good for Brooklyn. I did have some concern about the impact on the surrounding neighborhood, the residential neighborhoods that surround Downtown Brooklyn, and I want to say that I'm very pleased that the Administration has improved its plan so as to protect those neighborhoods against being overrun by commuter traffic and having all the parking spaces in the neighborhoods taken up by commuters.

63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 member. COUNCIL MEMBER YASSKY: -- Whose names I'll put in the record. Thank you. PUBLIC ADVOCATE GOTBAUM: Council Council member. COUNCIL MEMBER YASSKY: And a host of other individuals -PUBLIC ADVOCATE GOTBAUM: Council STATED COUNCIL MEETING They have a plan now contains very significant material, concrete steps to protect the neighborhoods in terms of traffic and parking, and also on open space, because this plan will also increase the residential density in Downtown Brooklyn, and, so, it improves the open space in Cadman Park. I just want to, particularly I'd like to thank Deputy Mayor Doctoroff, and in particular, his very able staff person Joe Chan, for his work on this. Of course my colleagues, the Chair of the Land Use Committee and Subcommittee, Tony Avella -PUBLIC ADVOCATE GOTBAUM: Time,

25

member, you can give them individually after the

64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATED COUNCIL MEETING session. Thank you. Council Member Lopez. COUNCIL MEMBER LOPEZ: Permission to explain my vote? PUBLIC ADVOCATE GOTBAUM: This is not a vote, Margarita. It's General Order Calendar speaking. COUNCIL MEMBER LOPEZ: General Order in what we're voting. Discussion. Okay. I just want to speak on the question of Intro. 137-B. This summer, the past, last year, my domestic partner, who I've been 19 years with, became extremely ill and spent a month and a half in the ICU unit. As a result of that, my partner lost her health benefits. This woman have worked in this country since she have been 15 years old, and the day that she landed in the hospital she lost her benefits. Would it have not been because this Council passed a law that protected her, from having my health benefits transferred to her, my partner perhaps would not be alive today. I want to make very clear to everyone

25

who is listening what this bill is about.

65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STATED COUNCIL MEETING This bill is about saving lives. This bill is about bringing the community that understand and embrace equality to bring it a step further. My partner understood this issue very clear, and today she's healthy and alive because that health benefit that covered me was transferred to her during that period of time. She has been out of work for one whole year, and came back to work now. This is what we're talking about that was not possible for Dominique. She was not able to share health care and for her family because the laws in New York City did not admit to it. It's fine for us to become civilized, completely civilized, and civilized means that we understand that all of us are equal under the law. Twenty-four hours a day, seven days a week we cannot have a community for some yes and for some no. Please vote for this bill. You will not regret that. Thank you very much. PUBLIC ADVOCATE GOTBAUM: Council

24 25

Member Martinez. COUNCIL MEMBER MARTINEZ: Thank you,

66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STATED COUNCIL MEETING Madam Public Advocate. Madam Public Advocate, I want to speak and commend the leadership of Chairman Stewart at the Immigration Committee, his leadership in getting Intro. 223-A. An intro, a law that will protect a community that had been abused, a community that have not found protection when seeking services, and I'm talking about the immigration protection bill, assistance services, that this Council is about to pass. For too long this community has been preyed upon. This community has been abused by individuals that I believe have no moral or ethics, and sometimes present themselves as lawyers or individuals that have the authority to go before the court and represent an individual who is looking to look for his immigration status to change. This bill will protect many families. This bill will ensure that the abuse that many members of this community go through day-by-day, it's stopped. And the City Council again is setting a record and it's making history by protecting this

24 25

community. I also want to speak on behalf of the

67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Member Stewart. COUNCIL MEMBER STEWART: Thank you, Madam Public Advocate. Brothers and sisters, I think that this Council seeks to provide equal rights, equal protection for all, even the documented or not. Citizens or non-citizens. I feel that 223-A seeks to prevent the fraudulent practices against non-citizens. It provides that provider who has taken monies from these folks, do not guarantee or suggest that they can guarantee any special favors or any results. It also provides that it prohibits the providers from retaining compensation for STATED COUNCIL MEETING Equal Benefits Bill, which I support. It is a matter of civil rights that this Council again is making history in protecting another community that deserve protection, and another community that's also very much a part of New York City. Thank you, Madam Public Advocate. PUBLIC ADVOCATE GOTBAUM: Council

23 24 25

services not performed. It prohibits providers from representing that they have credentials or official authorization.

68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Member Fidler. COUNCIL MEMBER FIDLER: Thank you, Madam Public Advocate. I couldn't possibly be more eloquent Thank you. PUBLIC ADVOCATE GOTBAUM: Council STATED COUNCIL MEETING It prohibits providers from giving any legal advice concerning immigration matters. In other words, we are saying that they must have written agreement, they most post signs that clearly state that they are not attorneys. They must clarify and set forth a fee schedule. Brothers and sisters, I want you to vote for this bill because it protects these non-immigrants, or these immigrants who are non-citizens who have no way of really seeking protection. For too long they are being punished in a sense that they are being taken for a ride, they have been abused, and no one before to protect them. I want you to vote for this bill.

23 24 25

than the Speaker, Chris Quinn or Margarita Lopez on the Equal Benefits Bill, so I'll just say it's a matter of civil rights. And I want to talk about two

69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 STATED COUNCIL MEETING items that are on the general order calendar today, one of which Councilman Stewart just spoke about. For about 20 years and what now seems like a past life I was a partner in a law firm that specialized in immigration law, and I have seen hundreds of abuses coming from the so-called consultants and notarios, where the end result for the client was by checking a wrong box they wound up getting deported. And, so, while we still have a great deal of work to do in this area, an additional legislation that we'll need that hasn't been preempted by the federal and state governments, this bill will give DCA a tool by which we can use to close down the worst of them, and those that abuse people who are most vulnerable. And I want to congratulate Chairman Stewart, and the Council, for bringing this bill to us today, and making a very, very good start on it. Regarding Intro 363-A, which is

22 23 24 25

sometimes known as the "newsrack legislation," we have created or allowed DOT, we have allowed DOT to create a situation by which we were jeopardizing dozens of local newspapers in this City by asking

70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Council member. Council Member Recchia. COUNCIL MEMBER RECCHIA: Yes, I stand STATED COUNCIL MEETING them to do things that we asked no one else to do, and then fining them to oblivion this bill will stop that. It is simply a matter of constitutional due process and First Amendment rights. And I want to congratulate the bill's sponsor, Domenic Recchia, Committee Chairman John Liu, the Speaker, Marcel, and Mitch Schwartz, the Transportation Committee staff, for working on a very, very difficult bill, and coming to an excellent solution. I also urge a yes vote on that. And finally, in my last ten seconds, Mr. Speaker, I want to congratulate you, because I think we're passing more important legislation today, than our colleagues in Albany have done in an entire legislative session. PUBLIC ADVOCATE GOTBAUM: Thank you,

22 23 24 25

up to talk about Intro. 188. I am the Councilman for Lafayette High School. Yes, it's important, but I also want to set the record clear, is that DOE and the Mayor's Office have started to deal with

71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Member Sears. COUNCIL MEMBER SEARS: I rise, Madam Public Advocate, to have permission to have unanimous consent to cast my votes today? I vote aye on all, and I think I have to say thank you to all my colleagues and the STATED COUNCIL MEETING programs and children who are dealing with bully and harassment. I want to thank them for starting this months ago, and working with me on this issue, but this bill, I ask everybody to vote in favor of it. And the newsrack bill is something that was very important. Many of the small papers were very upset because they could have been out of business if we, the City Council, did not do something and step right in to straighten out the requirements, because the requirements were something that no one could keep up with. I want to thank you all. PUBLIC ADVOCATE GOTBAUM: Council

21 22 23 24 25

Speaker, because we have done more than the State Legislature, and it is a historical day for the votes that we pass. So, I proudly vote yes. Thank you. PUBLIC ADVOCATE GOTBAUM: Seeing

72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 right? Order Calendar. Oh, sorry. SPEAKER MILLER: You said 223-A, STATED COUNCIL MEETING nobody else, Report of Special Committees. COUNCIL CLERK CHERRY: None. PUBLIC ADVOCATE GOTBAUM: Reports of Standing Committees. COUNCIL CLERK CHERRY: Reports of the Committee on Contracts. Intro. 137-B. SPEAKER MILLER: Coupled on the General Order Calendar. COUNCIL CLERK CHERRY: M 121. SPEAKER MILLER: Coupled to be filed. COUNCIL CLERK CHERRY: Reports of the Committee on Immigration. Intro. 223-A. PUBLIC ADVOCATE GOTBAUM: General

21 22 23 24 25 Order Calendar.

COUNCIL CLERK CHERRY: 223-A. SPEAKER MILLER: Amended and coupled on General Order Calendar. PUBLIC ADVOCATE GOTBAUM: General

73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 STATED COUNCIL MEETING COUNCIL CLERK CHERRY: Intro. 127-A. SPEAKER MILLER: Laid over. COUNCIL CLERK CHERRY: Intro. 124-B. SPEAKER MILLER: Coupled on the General Order Calendar. COUNCIL CLERK CHERRY: Intro. 188-A. SPEAKER MILLER: Coupled. COUNCIL CLERK CHERRY: Intro. 247. SPEAKER MILLER: Coupled. COUNCIL CLERK CHERRY: Intro. 248. SPEAKER MILLER: Coupled. COUNCIL CLERK CHERRY: Intro. 261-A. SPEAKER MILLER: Coupled. COUNCIL CLERK CHERRY: Intro. 272-A. SPEAKER MILLER: Coupled. COUNCIL CLERK CHERRY: Intro. 363-A. SPEAKER MILLER: Coupled. COUNCIL CLERK CHERRY: LU 147 and

20 21 22 23 24 25

companion Reso 448. SPEAKER MILLER: Coupled on the General Order Calendar. COUNCIL CLERK CHERRY: LU 148 and companion Reso 449. SPEAKER MILLER: Coupled on the

74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 STATED COUNCIL MEETING General Order Calendar. COUNCIL CLERK CHERRY: LU 149 and companion Reso 450 through LU 157, companion Reso 458. SPEAKER MILLER: All coupled on the General Order Calendar. COUNCIL CLERK CHERRY: LU 158 and companion Reso 459 through LU 165 and companion Reso 466. SPEAKER MILLER: All coupled on the General Order Calendar. COUNCIL CLERK CHERRY: Resolution appointing various persons Commissioner of Deeds. SPEAKER MILLER: Coupled on the General Order Calendar. At this point I would ask the clerk to call the roll on all items coupled on the General Order Calendar. PUBLIC ADVOCATE GOTBAUM: Concerning

20 21 22 23 24 25

Intro. 137-B. Shall the bill pass the objections of the Mayor notwithstanding? Roll call. COUNCIL CLERK: Addabbo. COUNCIL MEMBER ADDABBO: Pass. COUNCIL CLERK: Avella.

75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 STATED COUNCIL MEETING COUNCIL MEMBER AVELLA: Aye. COUNCIL CLERK: Barron. COUNCIL MEMBER BARRON: I vote aye on all General Order items, except LU 147 to 165, and its companion resolutions I abstain. COUNCIL CLERK: Boyland. COUNCIL MEMBER BOYLAND: Aye on all. COUNCIL CLERK: Brewer. COUNCIL MEMBER BREWER: May I be excused to explain my vote? I want to congratulate those who have been so successful on human rights on the Equal Benefits Law, including young people to get their voter registration forms. But I am also concerned about awnings and newsracks. On the awnings I'm going to abstain on 272-A, although I understand the need for small businesses to not get violations, I

19 20 21 22 23 24 25

am concerned about in the end what is on those awnings and I don't want them to look like the major signage. And on 363-A I will vote yes, that's the newsracks. Although I know that in Brooklyn, Mr. Recchia, you have a lot of porpoises, but in Manhattan we have a lot of newsracks, and we are

76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 STATED COUNCIL MEETING very concerned about the proliferation. I am voting aye, however, because I hope that gives us even more opportunity to work with those in the newsracks and make sure that they are kept clean. Thank you very much. I vote aye on all the General Order. COUNCIL CLERK: Clarke. COUNCIL MEMBER CLARKE: Madam Public Advocate, may I be excused to explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER CLARKE: Thank you. We are, my colleagues, really moving forward some really great legislation today. I am so proud to cast my vote in favor of prohibition of the use of racial or ethnic profiling by law enforcement officers. That's a law that's time is overdue. The prohibition of harassment in school of students,

19 20 21 22 23 24 25

this is, again, something that really needs to be put into effect immediately. And, of course, the provision of equal employment benefits to the employees of City contractors - again, legendary, wonderful, transforming legislation. This City cannot afford to be discriminatory against anyone, and the traditional nuclear family is something that

77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 STATED COUNCIL MEETING really belongs in a fiction book. Our City is a conglomeration of many different types of families, healthy families raising children, and they need the opportunity, just like the nuclear traditional family, to be able to receive the benefit that they sorely need in order to raise healthy families. So, without any reservation, I vote aye on all. Thank you, Madam Public Advocate. COUNCIL CLERK: Dilan. COUNCIL MEMBER DILAN: Aye on all. COUNCIL CLERK: Comrie. COUNCIL MEMBER COMRIE: May I be excused to explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER COMRIE: I want to congratulate the Council on the many initiatives

18 19 20 21 22 23 24 25

that we're going to pass today from the Equal Benefits Bill, which is a civil rights bill; the voter registration for 18 year olds, I want to congratulate Council Members Quinn and Gioia; and also the immigration bill that is very important to ensure that people that are trying to help people do so under the highest standards possible. Also, the Ethnic profiling bill that

78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 STATED COUNCIL MEETING will ensure that the police are held to higher standards; and also, I want to congratulate the Council that in understanding that in order to do the awnings properly, we have to amend it. In order to understand the needs of the outer boroughs, we had to amend the law on newsracks; and in order to make sure that we protect people and track people, it's important that we do register and track reports of deaths to homeless persons in this City of New York. I want to congratulate all of the work on the Committee chairs in all of the Committees, to pass this progressive legislation. I vote aye on all. COUNCIL CLERK: Fidler. COUNCIL MEMBER FIDLER: May I be

18 19 20 21 22 23 24 25

briefly excused to explain my vote? Councilman Gioia, I want to commend you on Intro. 261-A, and frankly, I wouldn't have thought it would be necessary to pass a law that would require DOE give voter registration forms to students, but given the conduct of at least one DOE employee in Brooklyn last week, I don't think yet they get the full understanding of the importance of

79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 STATED COUNCIL MEETING right to free speech. So, I see there probably is a need for this law after all, and I vote aye on all. COUNCIL CLERK: Foster. COUNCIL MEMBER FOSTER: Aye on all. COUNCIL CLERK: Gallagher. COUNCIL MEMBER GALLAGHER: Madam Public Advocate, may I be temporarily excused to explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER GALLAGHER: Thank you. Mayor Bloomberg vetoed Intro. 137-B, and he was right, the bill goes too far. So, I support the Mayor's veto by voting no on Intro. 137-B and in addition I'm going

17 18 19 20 21 22 23 24 25

to be voting no on Intro. 188-A, and aye on all other coupled general orders. Thank you. COUNCIL CLERK: Gentile. COUNCIL MEMBER GENTILE: Aye on all. COUNCIL CLERK: Gerson. COUNCIL MEMBER GERSON: Pass. COUNCIL CLERK: Gioia. COUNCIL MEMBER GIOIA: I vote yes on

80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 STATED COUNCIL MEETING all, with the exception of Intro. 272-A, which I vote no on. COUNCIL CLERK: Jackson. COUNCIL MEMBER JACKSON: Aye on all, especially 137-B. COUNCIL CLERK: James. COUNCIL MEMBER JAMES: May I be excused to explain my vote, Madam Public Advocate? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER JAMES: Thank you. I also am glad to vote today on Reso 324, which allows the home health care aides to be invisible no more. It mandates a living wage of $10 an hour by 2006, and so I proudly support that. And with regards to the Downtown

17 18 19 20 21 22 23 24 25

Brooklyn plan, as I indicated earlier, I'm voting for this plan because of the commitments from the City Administration on affordable housing, on workforce development, on contextual development, limiting heights on the east side of Flatbush Avenue, a commitment to investigate the claims from the Duffield Street and to work with the City Council on open space and streetscape improvement. The fact that they had removed site 6A, which was

81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 STATED COUNCIL MEETING related to the Atlantic Yards arena project, they had removed it as a result of my objections. This plan has nothing to do with the Atlantic Yards Project, nothing to do with the arena, except that they are going to commit to relocating individuals back into the affordable housing units on Mertle Avenue, and the fact that they are going to provide some, they're going to continue the commercial development of Fulton Street, and they're also going to continue to do a study for residential parking permits, a viable rationale for a pilot residential program in the residential part of the 35th Councilmanic district. And I just want to give thanks to all of my colleagues for all their

16 17 18 19 20 21 22 23 24 25

support. It was great working with Councilman Yassky, Councilman Avella, Councilperson Katz, and I lastly want to thank the Speaker for all of his support. Thank you. I vote aye. I abstain aye on 272-A. Thank you. COUNCIL CLERK: Jennings. COUNCIL MEMBER JENNINGS: Madam Public Advocate, I would like permission to vote on all items, including resolutions at this time? PUBLIC ADVOCATE GOTBAUM: So ordered.

82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 STATED COUNCIL MEETING COUNCIL MEMBER JENNINGS: I vote aye on all, except I vote no on Resolution 71-A, and I abstain on Intro. 137-B. Thank you. COUNCIL CLERK: Katz. COUNCIL MEMBER KATZ: Aye on all. COUNCIL CLERK: Lanza. COUNCIL MEMBER LANZA: No on Intro. 188-A. Aye on the rest. COUNCIL CLERK: Liu. COUNCIL MEMBER LIU: Yes. COUNCIL CLERK: Lopez. COUNCIL MEMBER LOPEZ: Permission to explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered.

16 17 18 19 20 21 22 23 24 25

COUNCIL MEMBER LOPEZ: I would like to rise to speak on Intro. 253-A. I want to congratulate all of the Council members that put this bill forward, but especially Council Member Stewart, for having the understanding and the clarity that the issues of immigrants in this City are complicated and difficult to address, but by putting this piece of legislation forward, in my opinion he has become the angels of the immigrants.

83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STATED COUNCIL MEETING Putting this bill in place allow the City of New York to have some oversight in preventing all of these companies that steal money from immigrants, lie to them and sometimes affect the possibility of them acquiring the citizenship that they need. Council Member Stewart, definitely I'm naming you today the Angels of the Immigrants in the City of New York, and I encourage everybody to vote aye on this bill. Aye on all. COUNCIL CLERK: Martinez. COUNCIL MEMBER MARTINEZ: Permission

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to explain my vote real brief? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER MARTINEZ: Thank you, Madam Public Advocate. I also want to take some time to commend Council Member Gioia on his bill 261-A, which definitely sends a message that we need to encourage our young people to participate and register to vote. It is unfortunate that we have to do it by law so that the Department of Education could help us do this.

84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 all. COUNCIL CLERK: Nelson. COUNCIL MEMBER NELSON: Aye on all. Abstention 137-B. COUNCIL CLERK: Palma. COUNCIL MEMBER PALMA: Aye. COUNCIL CLERK: Perkins. COUNCIL MEMBER PERKINS: Permission to items. Thank you, Madam Public Advocate. COUNCIL CLERK: Monserrate. COUNCIL MEMBER MONSERRATE: Aye on STATED COUNCIL MEETING Other than that, I vote aye on all

15 16 17 18 19 20 21 22 23 24 25

explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER PERKINS: First I want to begin by saying I will be voting aye on all, however, I want to express some concerns about LU 147, LU 165 and the companion resolution. When this matter came before Land Use, I had received an urgent call from the Director of the Schomburg who informed me that there was some severe misrepresentation of their position and their involvement with the Land Use process, particularly

85 1 2 3 4 5 6 7 8 9 10 11 12 13 STATED COUNCIL MEETING as it related to that aspect of the project involving an underground railroad. This was very disturbing. I want to go on record as being concerned about such a gross misrepresentation, which was further pointed out in later testimony by a representative of the Schomburg in the hearing. I'm pleased, however, that there will be some investigation of the underground railroad part of this project, and if there is a determination, that it does have landmark value, that it will be appropriately dealt with as part of

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the overall development. So, I'm very happy to be supportive of the project from that point of view. I'm especially also happy about the civil rights pieces of legislation that have come before us. In particular, the one involving divested partnership, equal benefit rights, the one involving racial profiling, and especially the one involving voter registration, 261-A, championed by Council Member Gioia, and the one, of course, with regard to the immigrants services. I think these are all wonderful pieces of legislation, and I'm glad to be

86 1 2 3 4 5 6 7 8 9 10 11 12 13 all. COUNCIL CLERK: Quinn. COUNCIL MEMBER QUINN: If I may be temporarily excused to explain my vote? I want to congratulate my colleagues who have very important pieces of legislation today, Council Member Gioia, Council Member Stewart, Council Member Alan Gerson and the entire dignity STATED COUNCIL MEETING associated with them. Thank you. COUNCIL CLERK: Provenzano. COUNCIL MEMBER PROVENZANO: Aye on

14 15 16 17 18 19 20 21 22 23 24 25

for all students coalition. I want to, as it relates to Equal Benefits Bill, thank some of the staff people who have worked for a number of years on this piece of legislation to bring it to the point of passage and today overriding the veto. I want to thank Scott Melvin, of Speaker Miller's Office; Jeremy Hoffman, and Karen Mirowitz, in my office; Rob Newman of the Contracts Committee, who really should be called counsel to the Equal Benefits Bill. I don't know how he got to get any other work done at all, but he did. I want

87 1 2 3 4 5 6 7 8 9 10 11 12 STATED COUNCIL MEETING to thank the entire Equal Benefits Bill Coalition, in particular the Empire State Pride Agenda, and Alan Vann Koppell. And as I said before, this bill really would not, this bill would no way be at the point that it's at if it wasn't for the support of the Speaker of the City Council, Gifford Miller, and the Chair of the Contracts Committee, Robert Jackson, who really made this a mission of his to get this bill passed into law, and to get this veto overridden.

13 14 15 16 17 18 19 20 21 22 23 24 25

I also want to thank all the members of the Council who have voted on this initiative so many times, and this really is a great day for the LGBT community and domestic partners, and I think it's a day that sends a clear message to Mayor Bloomberg that he can have whatever positions he wants, but New York City Council believes in full equal rights for all, and equal pay for equal work, and we will let nothing stand in our way in our quest to get that. Thank you very much, and I vote aye. COUNCIL CLERK: Recchia. COUNCIL MEMBER RECCHIA: Aye.

88 1 2 3 4 5 6 7 8 9 10 11 12 STATED COUNCIL MEETING COUNCIL CLERK: Reed. COUNCIL MEMBER REED: Permission to explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER REED: Yes, I want to join with my colleagues in recognizing I think the historic nature of this Council's session and the legislation that we're passing, recognizing so many basic rights for the citizens of New York. I think this is historic. Last week I think we took the

13 14 15 16 17 18 19 20 21 22 23 24 25

fiscally responsible course, to assist us in establishing a balance in fair budgets. So, I am enormously proud to be a member of this Council and think that this June we have demonstrated, not only our commitment to social justice, but to equity, fiscal equity at the same time, and I'm proud to vote aye on all pieces of legislation today on general orders. Thank you. COUNCIL CLERK: Reyna. COUNCIL MEMBER REYNA: Aye on all. COUNCIL CLERK: Sanders. COUNCIL MEMBER SANDERS: Aye on all.

89 1 2 3 4 5 6 7 8 9 10 11 STATED COUNCIL MEETING COUNCIL CLERK: Serrano. COUNCIL MEMBER SERRANO: Aye on all. COUNCIL CLERK: Stewart. COUNCIL MEMBER STEWART: May I be excused to explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER STEWART: I want to say thank you to the Council for voting on this bill, these bills, voting on behalf of the voiceless, the weak, in short, the minorities in our community, the

12 13 14 15 16 17 18 19 20 21 22 23 24 25

invisible immigrants and those folks who are afraid to come forward, whether they're cheated or not. We want to thank you for voting on the equal rights, because those folks never had an opportunity and we don't see why some institutions should be able to discriminate and continue to discriminate on several of these groups. We want you to understand that the voting rights, the students in school, I think this is something that should have been done long ago, and today I am happy to say that the immigration services bill, it's a victory for all. Not only for those who are still hidden, I think it's a victory for all of us in the Council. Thank you. And I vote

90 1 2 3 4 5 6 7 8 9 10 11 STATED COUNCIL MEETING aye. COUNCIL CLERK: Vallone. COUNCIL MEMBER VALLONE: Madam Chair, permission to explain? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER VALLONE: Thank you. Domestic partnership bill is a good one. But it goes too far. I would have supported it if religious institutions were exempt. We cannot force religious institutions to violate their

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beliefs. PUBLIC ADVOCATE GOTBAUM: No hissing, please. COUNCIL MEMBER VALLONE: What we will force them to do, however, is stop providing vital services to our most needy. The Salvation Army has already stated it will not violate its beliefs and will be forced to stop providing services to the homeless, to troubled teens, and to HIV sufferers. This bill hurts the most vulnerable in our population. Also, it's ironic that some people who usually fight to keep God out of government,

91 1 2 3 4 5 6 7 8 9 10 STATED COUNCIL MEETING today have no problem using government to regulate God. Religious institutions should have been exempt. I would have supported it if they were. They are not, so I vote no on 137-B. I proudly vote aye on the racial profiling bill of which I'm a co-sponsor. I will commend Phil Reed for abling steering that ship through complicated and turbulent waters, and I vote

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

aye on all others. COUNCIL CLERK: Vann. COUNCIL MEMBER VANN: Aye on all. COUNCIL CLERK: Weprin. COUNCIL MEMBER WEPRIN: Aye on all. COUNCIL CLERK: Yassky. COUNCIL MEMBER YASSKY: May I be excused to explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER YASSKY: Thank you. I just would, in addition to the Deputy Mayor and his staff, I also would like to thank the people from the communities around downtown Brooklyn who work so hard to make the Downtown Brooklyn plan as good as it turned out to

92 1 2 3 4 5 6 7 8 9 10 STATED COUNCIL MEETING be, and notably Nancy Bowe from the Brooklyn Heights Association, Duran Simon from the Boerum Hill Association, and Sandy Balboza from the Atlantic Avenue Betterment Association. And I also would like to commend again Chair Avella and Chair Katz from Land Use Committee, and of course, the Speaker for making sure this plan turned out as well as it did. I vote aye on all items. COUNCIL CLERK: Addabbo.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

COUNCIL MEMBER ADDABBO: Aye on all, with the exception of 137-B, I abstain. COUNCIL CLERK: Gerson. COUNCIL MEMBER GERSON: Madam Public Advocate, may I be briefly excused to explain my vote? PUBLIC ADVOCATE GOTBAUM: So ordered. COUNCIL MEMBER GERSON: I want to thank my colleagues for your overwhelming support of 188-A, the Dignity In All Schools Act. I want to take this opportunity to call upon the Mayor to sign this bill. Mr. Mayor, you stated that you support the goals of the legislation; Mr. Mayor, you state that you support parallel legislation in

93 1 2 3 4 5 6 7 8 9 STATED COUNCIL MEETING Albany work, you support the goals and you support Albany legislation, there's no reason not to sign this. There's every reason to send the important message that bullying is unacceptable in our schools, which you will send if you sign this legislation. Madam Public Advocate, in addition to

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

those acknowledged earlier, I want to thank Council Member McMahon for his special support, Pauline Park and Annemarie Thomas from the DASA Coalition, and Scott Melvin of the central staff, Joe McNierney, Council Member Jackson's office, and Jeremy Hoffman of Council Member Quinn's office. Finally, Madam Public Advocate, sitting behind me are three committed hard-working volunteer interns in our office. I want to acknowledge them for all the work they do, Varat Kumar, Vera Si and Jonathan Minster. We all know it's the interns who help us through the summer and go forward. Thank you very, very much, Madam Public Advocate. And thank you, my colleagues, for adopting this historic legislation. I vote aye on

94 1 2 3 4 5 6 7 8 9 STATED COUNCIL MEETING all. COUNCIL CLERK: Oddo. COUNCIL MEMBER ODDO: No on Intro. 137-B and 188-A; yes on all others. COUNCIL CLERK: Speaker Mr. Miller. SPEAKER MILLER: Aye on all.

PUBLIC ADVOCATE GOTBAUM: All items on today's General Order Calendar were adopted by a

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

vote of 48 in the affirmative, zero in the negative and zero abstentions, with the exception of Intro. 137-B, which was adopted by a vote of 41 in the affirmative, four negative and three abstentions. And LU 147 and Reso 448 through LU 165 and Reso 466, which is adopted by 47 in the affirmative, zero in the negative and one abstention. And Intro. 272-A, which is adopted by a vote of 45 in the affirmative, one in the negative and two abstentions, and Intro. 188-A, which is adopted by a vote of 45 in the affirmative, three in the negative and zero abstentions. Introduction and Reading of Bills. SPEAKER MILLER: All bills are referred to the Committee as indicated on the

95 1 2 3 4 5 6 7 8 of Resolutions. SPEAKER MILLER: Thank you, Madam Public Advocate. We're passing a number of important resolutions today: Resolution on the legalization of STATED COUNCIL MEETING schedule. PUBLIC ADVOCATE GOTBAUM: Discussion

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the medical use of marijuana. We're very clearly sending a message that we're concerned that doctors have every available drug when medically appropriate to ensure the safety and the pain medication for their patients. Very important resolution condemning the Mayor's ill-guided third grade retention policy; a policy which has flunked in its performance, and that the Mayor administered two tests, neither of which he was able to actually administer fairly across the board in a way that could really benefit third graders, a policy that comes too late for third graders to be intervened with, we should be intervening earlier, and far too early for third graders to be receiving a single high stakes test. Resolutions on Section 8. A very important resolution upholding

96 1 2 3 4 5 6 7 8 STATED COUNCIL MEETING the First Amendment Rights, Freedom of Speech, association and assembly in the City of New York. The Mayor invited the Republican National Convention to town. That's good. But if you invite the Republican National Convention to town, you also should recognize that you're inviting those who disagree with the views expressed at the Republican

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

National Convention, and we have a responsibility, just as we will bend over backwards to make sure that the Republican National Convention has the opportunity to make its point, to bend over backwards similarly to make sure that those who disagree with the views expressed at the Republican National Convention have an opportunity to express their point. And finally, a resolution which offers the Council's full support for the Invisible No More Campaign. We have with us a number of members of 1199. Home Health Aides who every single day go to work and provide extraordinarily important care, care to people who need it most, and unfortunately, we turn our backs on them too often, and ignore the fact that they work all these hours for those who

97 1 2 3 4 5 6 7 STATED COUNCIL MEETING need our care the most, and then are unable to care for their families, because they don't receive a living wage. We should make sure that they get a living wage by 2006 and health benefits and paid vacation and sick leave, because we value their work

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

and we should show it not just in words but in deeds. With that I recommend all the resolutions today to my colleagues. PUBLIC ADVOCATE GOTBAUM: Council Member Reyna. Excuse me. You have one minute for resolutions. Thank you very much. COUNCIL MEMBER REYNA: Thank you, Madam Public Advocate. As Chair of the Subcommittee on Public Housing, I'd like to thank our Speaker, as well as Council Member Katz and Lopez for their leadership of these three resolutions. These resolutions deal with the current crisis in Section 8 Housing, all of which are aimed directly at the Bush Administration, which is trying to eliminate this vital program which

98 1 2 3 4 5 6 7 STATED COUNCIL MEETING serves low-income New Yorkers. I call upon my colleagues in support of Reso 203, expressing our opposition to Bush's proposal to block grant the voucher program that reduces funding for voucher programs. About 105,000 low-income New York families rely on this program to

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

afford housing, and as many as 24,000 could lose their vouchers. This will mean a devastating fact of less vouchers for victims of domestic violence, as well as homeless families. Reso 394 calls on the President and Congress to restore funding to this year's voucher program. PUBLIC ADVOCATE GOTBAUM: Council Member, time. COUNCIL MEMBER REYNA: Thank you. PUBLIC ADVOCATE GOTBAUM: Council Member Katz. COUNCIL MEMBER KATZ: Madam Public Advocate, as many of you know there is full funding given in the calculations for the Section 8 vouchers. Just a few months ago HUD changed their funding allocation in April 2004, they changed their

99 1 2 3 4 5 6 STATED COUNCIL MEETING funding allocations after NYCHA had already allocated these funds. Because of the recalculation of this formula, NYCHA will lose about $40 million in funding for our folks here in the City of New York,

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

and HPD will lose about $12 million in funding. We call upon HUD to recalculate once again and make sure that the money that Congress had allocated for us in their budget is actually given to the cities all across the United States who count on Section 8 vouchers. Section 8 is already such a problem for us, with a six-year back-up of housing across the City of New York. HUD has to recalculate the funding. We look forward to them for doing that within the next month. And I vote aye on the resolutions and I urge my colleagues to vote aye, and also to do whatever advocating they can with the feds to make sure that the funding comes through. Thank you. PUBLIC ADVOCATE GOTBAUM: Time, Council member. Council Member Lopez. COUNCIL MEMBER LOPEZ: I'm speaking on

100 1 2 3 4 5 6 STATED COUNCIL MEETING Reso 324, Invisible No More Campaign. Actually, I believe that yesterday they should have been marching with the gay, lesbian, transgendered, bisexual community on the City of New York because the Invisible No More applies to a lot of people,

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

this time workers who nobody knows how they are exploited, who nobody knows how they are taken advantage of, by companies that are callous, who refuse to pay to them living wages. It is shameful and it's criminal for all of those companies who are doing this right now, and they have refused to settle this case with all of the companies. These people take care of ill people, disabled people, and they themselves can become disabled by their work that they do. It's fine for us to stop this exploitation, and the Council today made very clear Invisible No More, these people cannot continue to be exploited, this needs to stop. PUBLIC ADVOCATE GOTBAUM: Time, Council member. Council Member Vallone. COUNCIL MEMBER VALLONE: Thank you. Regarding the third grade resolution, let me commend the sponsor of the resolution and the entire

101 1 2 3 4 5 STATED COUNCIL MEETING Council. Because of the Speaker, because of Chair Moskowitz and the entire Council there is now an appeals process. Because of the Council there is now a second chance to pass that test.

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Madam Public Advocate. previously.

Amazingly, these things did not exist

However, with these safeguards in place, because of the City Council, I personally believe that the testing process works. I say this, not just as an elected official, but as Caroline's dad, my little third grader. We've been through this process together. I believe we're stronger for it, and accordingly I'm going to vote against that resolution. PUBLIC ADVOCATE GOTBAUM: Council Member Gallagher. COUNCIL MEMBER GALLAGHER: Thank you,

I rise today to talk about Resolution No. 389-A. As many of you know, I had handed out a paper prior to the meeting to each and everyone, because I had every intention of doing an amendment to this resolution, but unfortunately the rules will

102 1 2 3 4 5 STATED COUNCIL MEETING not allow me to do so. But the amendment that I wanted to put forward was to include not only the Republican National Convention, but also the Democratic

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National Convention. So, I am encouraging my colleagues today to vote no on Intro. 389-A. Allow me to introduce the bill that I was going to amend for the next Stated Meeting where you have the opportunity to do something that's right, to make sure that there is free speech, not only here in New York City, but in Boston, Massachusetts, as well. Folks, prove to me that this is not just a political potshot on the GOP convention, but that you truly mean that you want to First Amendment Rights, Freedom of Speech, association and assembly. So, I encourage you to vote no -PUBLIC ADVOCATE GOTBAUM: Time, Council member. COUNCIL MEMBER GALLAGHER: -- And to join with me in sponsoring a new resolution which I will introduce at the next Stated Meeting. PUBLIC ADVOCATE GOTBAUM: Council member, please. COUNCIL MEMBER GALLAGHER: Thank you,

103 1 2 3 4 Member Jackson. STATED COUNCIL MEETING Madam Public Advocate. PUBLIC ADVOCATE GOTBAUM: Council

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

COUNCIL MEMBER JACKSON: Thank you, Madam Public Advocate. I rise with respects to all of the resolutions on the item. They're excellent resolutions. I had a conversation with my colleague Dennis Gallagher earlier, and he asked me to support his First Amendment Right for Freedom of Expression, as far as not only in the Republican Convention, but the Democratic Convention. And I said to him that I support the right of all people in this country to exercise their right and voice themselves, whether it's the Democratic National Convention, the Republican National Convention or any Convention, that this is the greatest country in the world, and as such, we respect everyone's right to freely protest whatever they disagree with, even if they want to burn and step on the American Flag. As you know, that is the flag of our country, but everyone has a right to express themselves. So, Dennis, I support you in your quest to do that. PUBLIC ADVOCATE GOTBAUM: Time,

104 1 2 3 4 STATED COUNCIL MEETING Council member. COUNCIL MEMBER JACKSON: And I wanted to let you know that. Thank you.

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Member Reed.

PUBLIC ADVOCATE GOTBAUM: Council

COUNCIL MEMBER REED: Thank you, Madam Public Advocate. I want to thank my colleagues for broad support we have for Resolution 71-A, asking the State Legislature to recognize the long suffering of many critically ill and terminally ill patients and the opportunity for them to, in discussion with their doctors, perhaps use marijuana for medicinal purposes to relieve their pain. Since we've introduced this bill, the Health Committee has voted it out unanimously, and the support that we have as sponsors of this bill, of course, is the party lines in all the five boroughs of the City of New York. I'm delighted, particularly for the early support from some of my colleagues, like Council Member Provenzano and Council Member Sears, to go beyond some titillation, the dialogue, and recognize that the suffering of hundreds of thousands of people here in the State

105 1 2 3 STATED COUNCIL MEETING and here in the City could possibly be alleviated. I appreciate the support.

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Resolutions. Council member. much. Council member.

PUBLIC ADVOCATE GOTBAUM: Time,

COUNCIL MEMBER REED: Thank you very

PUBLIC ADVOCATE GOTBAUM: Thank you,

Seeing nobody else, let's go to the

Resolution 71-A. All in favor? Opposed? Adopted. Resolution 152-A. All in favor? Opposed? Adopted. Resolution 203-A. All in favor? Opposed? Adopted. Resolution 289. All in favor?

106 1 2 3 STATED COUNCIL MEETING Opposed? Adopted.

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Resolution 324. All those in favor? Opposed? Adopted. Reso 389-A. In favor? Opposed? Adopted. Reso 394-A. In favor? Opposed? Adopted. General Discussion. Mr. Speaker. SPEAKER MILLER: I just want to remind my colleagues, first of all, we're going to have an Environmental Protection Meeting immediately after this meeting. It will be in the Committee Room, so please, those of you who are members of the Environmental Protection Committee go in there. Also, to remind my colleagues that if you thought we didn't get enough out of you in this

107 1 2 STATED COUNCIL MEETING budget process, and particularly also the staff who

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

worked so hard, we want a little bit more. Tomorrow we'll be having our blood drive in the Chambers, so please give, because we have a serious crisis in our City. And, finally, just to remind my colleagues that Friday is the Council outing. I want to note that we're all expecting our great Minority Leader to show up with eye black for everybody. We expect you, the Council outing is Friday, we want enough eye black for everybody. Not just for yourself, it's not fair. And also wooden bats, or composite bats. So, we hope you'll all be able to make it to that. And that's the end of my discussion. PUBLIC ADVOCATE GOTBAUM: Council Member Jackson. COUNCIL MEMBER JACKSON: Thank you, Madam Public Advocate. I rise, as you know, we honored Mabel Richardson, who turns 102 years old on July 14th, and many members of her family were here, her church family and her community. She did arrive late, but she did arrive in order to see this huge crowd and

108 1 2 STATED COUNCIL MEETING to know that all of us welcomed her and wished her

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

well. But also, her relatives, Aubrey Moncreiff, her younger brother, who is 91, and her niece Rosetta Wolf, who is sitting up front, he received the proclamation on her behalf, but he's 90 years young, and they sat through our entire session to see us at work. So, I want to thank them for being here. PUBLIC ADVOCATE GOTBAUM: Council Member James. COUNCIL MEMBER JAMES: Thank you. Today a report was issued by the London School of Economics by Gustov Peopels, a Ph.D, a doctorate at Columbia University, where he did an estimated fiscal impact of the Forest City Ratner Brooklyn Arena and 17 high-rise developments in New York City, and its affect on New York City and the New York State Treasury. Basically the report, this independent report -- may I get some order, Madam Public Advocate? PUBLIC ADVOCATE GOTBAUM: Yes. Order, please. COUNCIL MEMBER JAMES: Thank you. This independent report that was done

109 1 STATED COUNCIL MEETING

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

by Mr. Kim from the London School of Economics concludes that the data shows losses to taxpayers amounting to 115.2 to 506.2 million dollars, and this does not include costs regarding increased traffic, health care costs and other costs. Basically, it further concludes that the potential for hundreds of millions of dollars of losses is not balanced out by Dr. Zimberlis (phonetic) non-quantifiable revenue sources. In addition, it goes on to indicate that a lot of the revenues that were not included in Mr. Zimberlis's report, which was commissioned by Forest City Ratner, does not include all the improvements in infrastructure and utilities, the amount of eminent domain, the cheap land, and the permission to build a massive scale by rezoning environment, imposing environmental regulations. I would ask all of my colleagues to review this economic study, which would shed some light on the real cost of the Forest City Ratner Atlantic Yard Project as we go forward. In addition to that, the report also talks about how the Forest City Ratner proposal seeks to usurp our power by not allowing this

110 1 STATED COUNCIL MEETING

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

project to be subject to the ULURP land review process. And as we just reviewed and voted on the Downtown Brooklyn plan, which was open to public scrutiny and democracy, we would hope that the Atlantic Yards Project be subject to the same review. Lastly, let me just thank the Fort Green Association, Clinton Hill Association and the Prospect Heights Association on the Downtown Brooklyn Plan. Thank you. PUBLIC ADVOCATE GOTBAUM: Council Member Palma. Council Member Palma? She's not here. Seeing nobody else, meeting is adjourned. (Hearing concluded at 4:15 p.m.)

111

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 --------------------CINDY MILLELOT, CSR. I, CINDY MILLELOT, a Certified Shorthand Reporter and Notary Public in and for the State of New York, do hereby certify that the foregoing is a true and accurate transcript of the within proceeding. I further certify that I am not related to any of the parties to this action by blood or marriage, and that I am in no way interested in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of June 2004. STATE OF NEW YORK COUNTY OF NEW YORK ) ) CERTIFICATION

112

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ----------------------CINDY MILLELOT, CSR. I, CINDY MILLELOT, a Certified Shorthand Reporter and a Notary Public in and for the State of New York, do hereby certify the aforesaid to be a true and accurate copy of the transcription of the audio tapes of this hearing. C E R T I F I C A T I O N