1 1 2 CITY COUNCIL 3 CITY OF NEW YORK 4 -------------------------------x 5 THE TRANSCRIPT OF THE MINUTES 6 of the 7 STATED COUNCIL MEETING 8 -------------------------------x 9 10 March 26, 2008 11 Start: 1:25 p.m. Recess: 3:40 p.m. 12 City Hall 13 Council Chambers New York, New York 14 15 B E F O R E: 16 BETSY GOTBAUM Public Advocate 17 18 COUNCIL MEMBERS: Speaker Christine Quinn Joseph Addabbo 19 Maria Arroyo Tony Avella 20 Maria Baez Charles Barron 21 Gale Brewer Leroy Comrie 22 23 24 LEGAL-EASE COURT REPORTING SERVICES, INC. 17 Battery Place - Suite 1308 25 New York, New York 10004 800-756-3410 2 1 2 A P P E A R A N C E S (CONTINUED) 3 COUNCIL MEMBERS: 4 Bill DeBlasio Inez Dickens 5 Erik Martin-Dilan Matthew Eugene 6 Simcha Felder Lewis Fidler 7 Helen Foster Dennis Gallagher 8 Daniel Garodnick James Gennaro 9 Vincent Gentile Alan Gerson 10 Eric Gioia Sara Gonzalez 11 Vincent Ignizio Robert Jackson 12 Letitia James Melinda Katz 13 G. Oliver Koppell Jessica Lappin 14 John Liu Miguel Martinez 15 Michael McMahon Darlene Mealy 16 Rosie Mendez Hiram Monserrate 17 Michael Nelson James Oddo 18 Annabel Palma Domenic Recchia 19 Diana Reyna Joel Rivera 20 James Sanders Larry Seabrook 21 Helen Sears Kendall Stewart 22 James Vacca Peter Vallone, Jr. 23 Albert Vann Melissa Mark Viverito 24 David Weprin Thomas White 25 David Yassky 3 1 2 A P P E A R A N C E S (CONTINUED) 3 STAFF: Billy Martin 4 Council Clerk 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 STATED COUNCIL MEETING 2 SPEAKER QUINN: I don't think this is 3 on. Thank you. And let me turn the microphone over 4 to Gale Brewer, who has a very important ceremonial. 5 It is also going to be a very good opportunity for 6 all of the adults in the Chamber, because we're 7 going to learn something new about technology that 8 all these young folks here... (inaudible. Microphone 9 system is malfunctioning.) So, thank you all for 10 being here to educate us. 11 MICROPHONE TECHNICIAN: One, two. 12 COUNCIL MEMBER BREWER: Thank you. 13 First, I'm here to honor two groups. (Microphone 14 system is malfunctioning.) 15 Thank you, again. I'm Gale Brewer. 16 SPEAKER QUINN: This doesn't work 17 either. 18 MICROPHONE TECHNICIAN: Yeah, we're 19 having a problem with the reception. Sorry. 20 UNIDENTIFIED SPEAKER FROM THE 21 AUDIENCE: You need better technology. 22 COUNCIL MEMBER BREWER: This one works 23 fine. 24 I'm Gale Brewer, and I am the Chair 25 of the Technology Committee, and I am here today to 5 1 STATED COUNCIL MEETING 2 join with my colleagues to honor two wonderful 3 groups: One is Teaching Matters, which works in the 4 schools on a daily basis, and you'll hear from 5 Lynette Gustafaro (phonetic), who is the Executive 6 Director. 7 The second group is Computers For 8 Youth, headed up by Elizabeth Stock. That group 9 works computers and for home. These two 10 organizations, led by these two incredible women, 11 with parents and students in collaboration, is 12 changing the way in which technology is used and 13 taught in our schools. 14 To be very honest, there are many 15 non-profits, like 80,000 in the City of New York, if 16 there are two better organizations, I haven't met 17 them. 18 What you're looking at in green is 19 called an "XO." You'll hear a little bit about how 20 it's less expensive, more can fit into a classroom 21 with Reso A dollars that we give and the result is 22 the young people will be able to take them home, 23 bring them back to school and do learning and 24 teaching at the same time. 25 I would like to introduce Lynette 6 1 STATED COUNCIL MEETING 2 Gustafaro to say a few words. 3 MS. GUSTAFARO: Thank you. Thank you 4 very much. 5 We are incredibly honored at Teaching 6 Matters, Board and staff, to receive this honor. And 7 I want to thank the members of the Council and 8 specifically Gale Brewer, for not only this honor 9 but for the work that she does every day keeping the 10 digital rights of our most under-resourced citizens 11 front and center on the Council agenda. And we 12 really appreciate your work. 13 Teaching Matters has spent the last 14 14 years working in partnership with New York City 15 school leaders and teachers. We have worked to 16 prepare, help them prepare kids for 21st Century 17 success, and we do this in a different way than is 18 typical with technology. 19 We don't bring the computers to the 20 school, but we bring in research-based curricula. We 21 bring in innovative ways of organizing that 22 curricula through technology and sustained support 23 for teachers. 24 Our goal is to create tomorrow's 25 learning environment, what schools should be doing 7 1 STATED COUNCIL MEETING 2 or look like in the future and experimenting. 3 We do that with an eye to empowering 4 educators and not using software and computers to 5 replace teachers, but make them more effective in 6 the classroom. 7 I am particularly pleased to receive 8 this honor with computers for youth because they 9 have taken a similar approach to home and we have 10 great respect for this organization. 11 Furthermore, I just want to close by 12 really just talking about the XO. We are running a 13 pilot of this in Harlem. The pilot -- 14 SPEAKER QUINN: If we can just get a 15 little bit of quiet in the Chambers for the 16 ceremony, because I want to make sure everybody 17 hears what you're saying. Thank you. 18 MS. GUSTAFARO: The pilot that we are 19 running in Harlem was designed to figure out three 20 things: 21 1) This was called "the chief laptop" 22 for third-world students and had no place in 23 America, and we said why don't we let the kids 24 decide that and see if they appreciate this device. 25 We're learning a lot from them about 8 1 STATED COUNCIL MEETING 2 how they use this device better than we use our own 3 laptops. And they do accept the devices and they're 4 happy to have them. 5 We have been looking at how they can 6 be utilized to support the learning environment, and 7 we've been also looking at how does it reduce the 8 cost of the technology? 9 You spend $1,300 to put laptops in 10 classrooms. For $35,000 you can outfit one classroom 11 with the technology. That same City Council gift, or 12 grant, could turn into providing technology for an 13 entire grade level, and when the price point on 14 these comes down to $75, which is the stated goal, 15 you could use that same money and outfit an entire 16 school with laptops. So, I wanted just to let people 17 know that. It's an exciting trend. The XO is one of 18 a number of devices that are coming out. There is 19 now competition to provide low-cost devices by the 20 private sector market. So, this is just an exciting 21 trend. You can do a lot with your capital funds that 22 you couldn't do before. 23 So, just to close, I want to thank 24 you, again, and for the history of Council support 25 that has made our work possible. 9 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER BREWER: Elizabeth 3 Stock. 4 SPEAKER QUINN: Yea. 5 MS. STOCK: I am honored to accept 6 this proclamation on behalf of Computers For Youth, 7 and I want to thank the members of the Council, and 8 particularly Gale Brewer, for all the Council has 9 done for CFY to help us change the lives of New York 10 City families. 11 Lynette explained that CFY folks is 12 on families and getting technology, particularly 13 engaging educational software into the home. Both of 14 our approaches work best when technology is 15 affordable. 16 I want to spotlight the home here. 17 With me today are Burkis Cruz (phonetic) right here, 18 and her son, Danny. 19 Back in 2005, Burkis will tell you 20 that Danny was struggling academically, by choice. 21 Although, clearly a very bright child, his mother 22 struggled to get him to do homework, and especially 23 to read. All that changed on Saturday, April 2nd, 24 when Burkis, Danny and 100 other families attended a 25 CFY Family Learning Workshop at his school, the 10 1 STATED COUNCIL MEETING 2 William Nile School in the East Tremont section of 3 the Bronx, where they learned on a CFY computer that 4 they would then take home that afternoon. 5 The computers were all donated by 6 local corporations and refurbished by CFY staff, a 7 process that cost us less than $100 per machine. 8 All came loaded with educational 9 software, identified by software experts and 10 students and educational executives from around the 11 country. 12 Danny loved the educational games, 13 which became the missing link to motivate him, 14 because, as his mother said, "What can you do on a 15 computer, if you don't read?" 16 Danny is now 14 and about to graduate 17 from junior high with an average of 83.9. He is 18 self-confident, and for a kid who didn't like to 19 read, he is now involved in a poetry group. 20 Now, Burkis joined CFY three years 21 ago as a master teacher, and she's training our 22 families in Spanish at our Saturday Family Learning 23 Workshops. 24 Now, Danny's story is not unique. A 25 study with the Educational Testing Service has shown 11 1 STATED COUNCIL MEETING 2 that our program is affecting student's math test 3 scores and engagement in learning. 4 Burkis and Danny would be pleased to 5 answer any questions about their experience, if you 6 have any. 7 Back in 1999, when we started, we 8 served 230 families. This year we're serving almost 9 5,000 families in three cities across the country, 10 and thanks to Burkis and thanks to the New York City 11 Council, 2,400 of those families are right here in 12 New York City. 13 So, thank you, again, for this honor 14 and for the multiple years of generous Council 15 support that has enabled us to, as CFY says, bring 16 learning home. Thank you. 17 COUNCIL MEMBER BREWER: Will the clerk 18 please read the proclamation? Thank you. 19 COUNCIL CLERK: Council, City of New 20 York, Proclamation. 21 The Council of the City of New York 22 is proud and pleased to honor Teaching Matters, 23 Incorporated, and Computers for Youth, for their 24 commitment to improve the school and home-learning 25 environments in many of New York City's most 12 1 STATED COUNCIL MEETING 2 underserved students; and 3 Whereas: Computers for Youth and 4 Teaching Matters have provided New York City 5 students, their teachers and parents with access to 6 innovative and educational uses of technology, new 7 ways to approach teaching and learning and pathways 8 to achievement in school and beyond; and, now, 9 therefore 10 Be It Known: That the Council of the 11 City of New York honors Teaching Matters, 12 Incorporated, and Computers for Youth, for 13 reinventing the learning environment to address the 14 21st Century needs needs of today's students and 15 teachers and families. 16 Christine C. Quinn, Speaker of the 17 Entire Council; and Gale Brewer, Council Member, 6th 18 District, Manhattan. 19 COUNCIL MEMBER BREWER: Thank you, 20 all. Thank you. 21 SPEAKER QUINN: Congratulations, 22 everyone. 23 And next we're going to call up, oh, 24 there he is, Council Member/Dr. Kendall Stewart, for 25 our final ceremonial. 13 1 STATED COUNCIL MEETING 2 It's all yours, Councilman. 3 COUNCIL MEMBER STEWART: Brothers and 4 sisters, we have, yes, we have two strong female 5 leaders that I think should be recognized today. 6 The first I would like to call is 7 Carolyn Walton, and the other is Carmen Charles. 8 Ms. Walton is someone who sets the 9 example, and at least you know she believes in the 10 adage that to build a community, you've got to build 11 a block, so you've got to build a community 12 block-by-block, and this is what she's been doing. 13 She has been setting the example, and I've seen it 14 fit to recognize her today. 15 Also, Carmen Charles, someone who I 16 think most of you may know, has been out there 17 working to build a union, making sure that young 18 people join up with the union, and to protect jobs. 19 And, so, we'd like to recognize these two people 20 today for their outstanding work they have been 21 doing. 22 MS. CHARLES: (Not identified for the 23 record.) Thank you. First, let me just thank the 24 Speaker, Councilman Kendall Stewart, and all of the 25 City Council. I accept this proclamation, not only 14 1 STATED COUNCIL MEETING 2 on behalf of Local 420 members, but for all of the 3 people that have supported us through the years to 4 make Local 420 what it is, and I am so grateful that 5 I have today some of my members who are here, Local 6 420. And I was fortunate enough, I was fortunate 7 enough to be raised by two very strong women, my 8 mother and my grandmother. And, so, today, my 9 grandmother was what we call a "district leader" in 10 Guyana, and I accept, I know that she's smiling 11 today, because I accept this in her honor and I'm so 12 grateful to you. Thank you. 13 COUNCIL CLERK: Council, City of New 14 York, Proclamation. 15 The Council of the City of New York 16 is proud to celebrate Women's History Month, as we 17 honor Carolyn Walton and Carmen Charles for their 18 outstanding contribution to the community; and 19 Whereas: Carolyn Walton and Carmen 20 Charles are such individuals, Ms. Walton provided 21 exemplary service to the New York City Human 22 Resources Administration for more than 30 years 23 before she retired as the Office Manager in August 24 2002. In 1997, however, Ms. Walton was elected 25 President of the Glenwood Tenant Association, and 15 1 STATED COUNCIL MEETING 2 since her retirement from the City of New York she 3 has worked full-time as a liaison between residents 4 of the development and its management to resolve in 5 Glenwood Houses; and Carmen Charles is one of such 6 individual, born in Guyana, Carmen immigrated to the 7 United States 25 years ago and began working as a 8 Nurse's Aide at Coler-Goldwater Specialty Hospital. 9 She has provided exemplary services to her fellow 10 members within the Public Health Care Employees 11 Union, Local 420, for more than 20 years; and 12 Whereas: Ms. Charles has had a 13 remarkable tenure at Local 420, from her first role 14 as a Shop Steward in 1987, to Vice Chairperson in 15 1992, and as Vice President in 1997. Answering the 16 call, she continued her ascent and was elected 17 President in spring of 2002; and now, therefore, 18 Be It Known: That the Council of the 19 City of New York most gratefully honors Carmen 20 Charles and Carolyn Walton for their outstanding 21 contributions to the community. 22 Christine C. Quinn, Speaker for the 23 Entire Council; and Kendall Stewart, Council Member, 24 45th District, Brooklyn, New York. 25 MAJORITY LEADER RIVERA: If everyone 16 1 STATED COUNCIL MEETING 2 could please rise for the Pledge of Allegiance. 3 (Pledge of Allegiance.) 4 MAJORITY LEADER RIVERA: Roll call. 5 COUNCIL CLERK: Addabbo. 6 COUNCIL MEMBER ADDABBO: Here. 7 COUNCIL CLERK: Arroyo. 8 COUNCIL MEMBER ARROYO: Here. 9 COUNCIL CLERK: Avella. 10 COUNCIL MEMBER AVELLA: Here. 11 COUNCIL CLERK: Baez. 12 COUNCIL MEMBER BAEZ: Here. 13 COUNCIL CLERK: Barron. 14 COUNCIL MEMBER BARRON: Here. 15 COUNCIL CLERK: Brewer. 16 COUNCIL MEMBER BREWER: Here. 17 COUNCIL CLERK: Comrie. 18 COUNCIL MEMBER COMRIE: Here. 19 COUNCIL CLERK: DeBlasio. 20 COUNCIL MEMBER DEBLASIO: Here. 21 COUNCIL CLERK: Dickens. 22 COUNCIL MEMBER DICKENS: Here. 23 COUNCIL CLERK: Dilan. 24 COUNCIL MEMBER DILAN: Here. 25 COUNCIL CLERK: Eugene. 17 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER EUGENE: Here. 3 COUNCIL CLERK: Felder. 4 COUNCIL MEMBER FELDER: Here. 5 COUNCIL CLERK: Fidler. 6 COUNCIL MEMBER FIDLER: Here. 7 COUNCIL CLERK: Foster. 8 COUNCIL MEMBER FOSTER: Here. 9 COUNCIL CLERK: Gallagher. 10 COUNCIL MEMBER GALLAGHER: Here. 11 COUNCIL CLERK: Garodnick. 12 COUNCIL MEMBER GARODNICK: Here. 13 COUNCIL CLERK: Gennaro. 14 COUNCIL MEMBER GENNARO: Here. 15 COUNCIL CLERK: Gentile. 16 COUNCIL MEMBER GENTILE: Here. 17 COUNCIL CLERK: Gerson. 18 COUNCIL MEMBER GERSON: Here. 19 COUNCIL CLERK: Gioia. 20 COUNCIL MEMBER GIOIA: Here. 21 COUNCIL CLERK: Gonzalez. 22 COUNCIL MEMBER GONZALEZ: Here. 23 COUNCIL CLERK: Ignizio. 24 COUNCIL MEMBER IGNIZIO: Here. 25 COUNCIL CLERK: Jackson. 18 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER JACKSON: Here. 3 COUNCIL CLERK: James. 4 COUNCIL MEMBER JAMES: Here. 5 COUNCIL CLERK: Katz. 6 COUNCIL MEMBER KATZ: Here. 7 COUNCIL CLERK: Koppell. 8 COUNCIL MEMBER KOPPELL: Here. 9 COUNCIL CLERK: Lappin. 10 COUNCIL MEMBER LAPPIN: Aye. 11 COUNCIL CLERK: Liu. 12 COUNCIL MEMBER LIU: Here. 13 COUNCIL CLERK: Mark-Viverito. 14 COUNCIL MEMBER MARK-VIVERITO: Here. 15 COUNCIL CLERK: Martinez. 16 COUNCIL MEMBER MARTINEZ: Here. 17 COUNCIL CLERK: McMahon. 18 COUNCIL MEMBER McMAHON: Here. 19 COUNCIL CLERK: Mealy. 20 COUNCIL MEMBER MEALY: Here. 21 COUNCIL CLERK: Mendez. 22 COUNCIL MEMBER MENDEZ: Here. 23 COUNCIL CLERK: Monserrate. 24 COUNCIL MEMBER MONSERRATE: Here. 25 COUNCIL CLERK: Nelson. 19 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER NELSON: Here. 3 COUNCIL CLERK: Palma. 4 COUNCIL MEMBER PALMA: Here. 5 COUNCIL CLERK: Recchia. 6 COUNCIL MEMBER RECCHIA: Here. 7 COUNCIL CLERK: Reyna. 8 COUNCIL MEMBER REYNA: Here. 9 COUNCIL CLERK: Sanders. 10 COUNCIL MEMBER SANDERS: Here. 11 COUNCIL CLERK: Seabrook. 12 COUNCIL MEMBER SEABROOK: Here. 13 COUNCIL CLERK: Sears. 14 COUNCIL MEMBER SEARS: Here. 15 COUNCIL CLERK: Stewart. 16 COUNCIL MEMBER STEWART: Here. 17 COUNCIL CLERK: Vacca. 18 COUNCIL MEMBER VACCA: Here. 19 COUNCIL CLERK: Vallone. 20 COUNCIL MEMBER VALLONE: Here. 21 COUNCIL CLERK: Vann. 22 COUNCIL MEMBER VANN: Here. 23 COUNCIL CLERK: Weprin. 24 COUNCIL MEMBER WEPRIN: Here. 25 COUNCIL CLERK: White. 20 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER WHITE: Here. 3 COUNCIL CLERK: Yassky. 4 COUNCIL MEMBER YASSKY: Here. 5 COUNCIL CLERK: Oddo. 6 COUNCIL MEMBER ODDO: Here. 7 COUNCIL CLERK: Rivera. 8 COUNCIL MEMBER RIVERA: Here. 9 COUNCIL CLERK: Speaker Quinn. 10 SPEAKER QUINN: Here. 11 COUNCIL CLERK: We have a quorum. 12 MAJORITY LEADER RIVERA: Thank you 13 very much. A quorum is present. 14 Everyone please rise for the 15 Invocation being delivered by Reverend Dr. Angela 16 Moses, Associate Pastor of the New Life Tabernacle, 17 Bedford Avenue, Brooklyn New York. 18 REVEREND MOSES: Let us pray. 19 Sweet hour of prayer. 20 Sweet hour of prayer that calls us 21 from a world of care and bids me at my Father's 22 throne, make all my wants and wishes known; 23 in seasons of distress and grief, my 24 soul has often found relief; and oft escape the 25 tempter's snare, bow down, return, sweet hour of 21 1 STATED COUNCIL MEETING 2 prayer; 3 Eternal God, our help in ages past, 4 and our hope for times to come, Thou who are a 5 present help in time of trouble, we beseech Thee, by 6 Thy magnificent grace and mercy that You favor this 7 occasion with Your presence, Your power, and Your 8 purity. 9 We thank You for our City and 10 citizenry. You and You, alone, are the watchman on 11 the wall. Your word declares accept the Lord, build 12 the city. They that build it, build in vain. Accept 13 the Lord, watch the city, the city the watchman 14 watch in vain. 15 Today we intercede for our Mayor, and 16 each Borough President and their respective staffs, 17 but we pray especially for the 51 Council members 18 whose tasks are to make judgments in the best 19 interest of the City. Please grant them wisdom, 20 insight and foresight to produce a healthy, 21 wholesome environment in which to live. 22 In this month as we set aside to 23 honor women, we give thanks and ask special 24 blessings for our Speaker Christine Quinn. Help her 25 to continue in the legacy of the great women who 22 1 STATED COUNCIL MEETING 2 have made meaningful and significant contributions 3 to our City. 4 We also pray for the concerns and the 5 goodwill and the best interests for the women in our 6 City and across the globe. 7 Eternal God, we thank You for the 8 privilege to pray, and we believe You will grant 9 these petitions for the building of Your kingdom. 10 In Your name we pray, amen. 11 MAJORITY LEADER RIVERA: Amen. 12 Council Member James. 13 COUNCIL MEMBER JAMES: Motion to 14 spread the Invocation in full upon the record, the 15 Pastor, the Assistant Pastor of New Life Tabernacle, 16 under the leadership of the very reverent Bishop 17 Eric Folk Figueroa. Thank you. 18 MAJORITY LEADER RIVERA: So ordered. 19 Adoption of the Minutes. 20 COUNCIL CLERK: None. 21 MAJORITY LEADER RIVERA: Messages and 22 Papers from the Mayor. 23 COUNCIL CLERK: M 969. Returning 24 Introduction 104-A. 25 SPEAKER QUINN: Sanitation, Solid 23 1 STATED COUNCIL MEETING 2 Waste Management. 3 MAJORITY LEADER RIVERA: Communication 4 from City, County and Borough Offices. 5 COUNCIL CLERK: M 980 through M 984 on 6 page three, base station licenses. 7 SPEAKER QUINN: Transportation. 8 MAJORITY LEADER RIVERA: Petitions and 9 Communications. 10 COUNCIL CLERK: None. 11 MAJORITY LEADER RIVERA: Land Use 12 Call-Ups. 13 COUNCIL CLERK: M 985 and M 986. 14 SPEAKER QUINN: Coupled on Call-Up 15 vote. And if we can now have a roll call on the Land 16 Use Call-Ups, please. 17 COUNCIL CLERK: Jackson. 18 COUNCIL MEMBER JACKSON: Thank you. 19 Madam Speaker, may I request permission to vote aye 20 on all Land Use Call-Ups and all General Orders and 21 resolutions? 22 MAJORITY LEADER RIVERA: So ordered. 23 COUNCIL MEMBER JACKSON: Thank you. 24 COUNCIL CLERK: Stewart. 25 COUNCIL MEMBER STEWART: Thank you. 24 1 STATED COUNCIL MEETING 2 Madam Speaker, may I be allowed to 3 vote on all Land Use Call-Ups and General Order and 4 Resolutions? 5 MAJORITY LEADER RIVERA: So ordered. 6 COUNCIL MEMBER STEWART: I vote aye. 7 Thank you. 8 COUNCIL CLERK: Addabbo. 9 COUNCIL MEMBER ADDABBO: Aye. 10 COUNCIL CLERK: Arroyo. 11 COUNCIL MEMBER ARROYO: Aye. 12 COUNCIL CLERK: Avella. 13 (No response.) 14 COUNCIL CLERK: Baez. 15 COUNCIL MEMBER BAEZ: Aye. 16 COUNCIL CLERK: Avella. 17 COUNCIL MEMBER AVELLA: Aye. 18 COUNCIL CLERK: Barron. 19 COUNCIL MEMBER BARRON: Thank you very 20 much. 21 Mr. Chair, I ask unanimous consent to 22 vote aye on all General Order items. 23 MAJORITY LEADER RIVERA: So ordered. 24 COUNCIL MEMBER BARRON: Thank you. 25 Aye on all. 25 1 STATED COUNCIL MEETING 2 COUNCIL CLERK: Brewer. 3 COUNCIL MEMBER BREWER: Aye. 4 COUNCIL CLERK: Comrie. 5 COUNCIL MEMBER COMRIE: Aye on all. 6 COUNCIL CLERK: DeBlasio. 7 COUNCIL MEMBER DEBLASIO: Aye. 8 COUNCIL CLERK: Dickens. 9 COUNCIL MEMBER DICKENS: Aye. 10 COUNCIL CLERK: Dilan. 11 COUNCIL MEMBER DILAN: Aye on all Land 12 Use Call-Ups. 13 COUNCIL CLERK: Eugene. 14 COUNCIL MEMBER EUGENE: Aye. 15 COUNCIL CLERK: Felder. 16 COUNCIL MEMBER FELDER: Yes. 17 COUNCIL CLERK: Fidler. 18 COUNCIL MEMBER FIDLER: Aye. 19 COUNCIL CLERK: Foster. 20 COUNCIL MEMBER FOSTER: Aye. I'm 21 present. And I like the notion of us starting on 22 time, maybe we could have flights that members have 23 to catch more often. 24 COUNCIL CLERK: Gallagher. 25 (No response.) 26 1 STATED COUNCIL MEETING 2 COUNCIL CLERK: Garodnick. 3 COUNCIL MEMBER GARODNICK: Aye. 4 COUNCIL CLERK: Gennaro. 5 COUNCIL MEMBER GENNARO: Yes. 6 COUNCIL CLERK: Gentile. 7 COUNCIL MEMBER GENTILE: Yes. 8 COUNCIL CLERK: Gerson. 9 COUNCIL MEMBER GERSON: Aye on all 10 Land Use Call-Ups, and with permission I'd like to 11 vote aye on all matters before us on the General 12 Order Calendar, and aye on the resolution before us 13 today. 14 MAJORITY LEADER RIVERA: So ordered. 15 COUNCIL CLERK: Gioia. 16 (No response.) 17 COUNCIL CLERK: Gonzalez. 18 COUNCIL MEMBER GONZALEZ: Aye on all. 19 COUNCIL CLERK: Ignizio. 20 (No response.) 21 COUNCIL CLERK: James. 22 COUNCIL MEMBER JAMES: Aye. 23 COUNCIL CLERK: Katz. 24 COUNCIL MEMBER KATZ: Aye. 25 COUNCIL CLERK: Koppell. 27 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER KOPPELL: Aye. 3 COUNCIL CLERK: Lappin. 4 COUNCIL MEMBER LAPPIN: Aye. 5 COUNCIL CLERK: Liu. 6 COUNCIL MEMBER LIU: Yes. 7 COUNCIL CLERK: Mark-Viverito. 8 COUNCIL MEMBER MARK-VIVERITO: Aye on 9 all. 10 COUNCIL CLERK: Martinez. 11 COUNCIL MEMBER MARTINEZ: Aye on all. 12 COUNCIL CLERK: McMahon. 13 COUNCIL MEMBER McMAHON: Madam Public 14 Advocate, can I request unanimous consent of my 15 colleagues to vote aye on Land Use Call-Ups and all 16 coupled General Orders? 17 PUBLIC ADVOCATE GOTBAUM: So ordered. 18 COUNCIL MEMBER McMAHON: Thank you. 19 Aye. 20 COUNCIL CLERK: Mealy. 21 (No response.) 22 COUNCIL CLERK: Mendez. 23 COUNCIL MEMBER MENDEZ: Aye. 24 COUNCIL CLERK: Monserrate. 25 PUBLIC ADVOCATE GOTBAUM: Excuse me, 28 1 STATED COUNCIL MEETING 2 for a moment. Would you hold on? The Speaker would 3 like to speak for a moment. 4 SPEAKER QUINN: Sorry. I just want to 5 break in for one second, because I was going to do 6 this in Speaker's time but I know some folks have to 7 leave early, and I wanted to make sure everyone 8 heard this news, which is that we have a lovely 9 Council bit of news, which is that Council Member 10 Rosie Mendez got engaged over her vacation over the 11 weekend, so we just wanted to wish the best to Rosie 12 and Carla. And I hope she is thoroughly, thoroughly 13 embarrassed, but this will be not the last 14 embarrassment, so congratulations and all the best. 15 Thank you very much, Madam Public 16 Advocate. 17 PUBLIC ADVOCATE GOTBAUM: So ordered. 18 COUNCIL CLERK: Nelson. 19 COUNCIL MEMBER NELSON: 20 Congratulations, Rosie. 21 I vote aye on all Land Use Call-Ups. 22 COUNCIL CLERK: Palma. 23 COUNCIL MEMBER PALMA: Aye. 24 COUNCIL CLERK: Recchia. 25 COUNCIL MEMBER RECCHIA: Aye. 29 1 STATED COUNCIL MEETING 2 COUNCIL CLERK: Reyna. 3 COUNCIL MEMBER REYNA: Aye on all. 4 COUNCIL CLERK: Sanders. 5 (No response.) 6 COUNCIL CLERK: Seabrook. 7 COUNCIL MEMBER SEABROOK: Aye. 8 COUNCIL CLERK: Sears. 9 COUNCIL MEMBER SEARS: Aye on all. 10 COUNCIL CLERK: Vacca. 11 COUNCIL MEMBER VACCA: Aye. 12 COUNCIL CLERK: Vallone. 13 COUNCIL MEMBER VALLONE: Aye. 14 COUNCIL CLERK: Vann. 15 COUNCIL MEMBER VANN: Aye. 16 COUNCIL CLERK: Weprin. 17 (No response.) 18 COUNCIL CLERK: White. 19 COUNCIL MEMBER WHITE: I vote aye on 20 all. 21 COUNCIL CLERK: Yassky. 22 (No response.) 23 COUNCIL CLERK: Gallagher. 24 COUNCIL MEMBER GALLAGHER: Aye. 25 COUNCIL CLERK: Oddo. 30 1 STATED COUNCIL MEETING 2 (No response.) 3 COUNCIL CLERK: Rivera. 4 COUNCIL MEMBER RIVERA: I vote aye. 5 COUNCIL CLERK: Speaker Quinn. 6 SPEAKER QUINN: Yes. 7 PUBLIC ADVOCATE GOTBAUM: Today's Land 8 Use Call-Ups were adopted by a vote of 44 in the 9 affirmative, zero negative. 10 Communication from the Speaker. 11 SPEAKER QUINN: Thank you. 12 I want to, not to restill in the 13 Chambers, but earlier today we were visited by a 14 Suffolk County Legislator who is the Chair of their 15 Budget and Finance Committee, Ricardo Montano, from 16 the 9th Legislative District in Suffolk, and I just 17 wanted to recognize him and thank him for coming to 18 visit today. 19 I don't know if he's still here with 20 us? Oh, he is. Right in the back. So, thank you for 21 coming and visiting. 22 And today we are voting on a veto 23 override, as well as an important piece of 24 legislation and important Land Use project. 25 Let me first start -- 31 1 STATED COUNCIL MEETING 2 PUBLIC ADVOCATE GOTBAUM: Quiet, 3 please. 4 SPEAKER QUINN:-- With a nine-acre 5 rezoning that we are doing in Council Member Dan 6 Garodnick's district. 7 Let me start by thanking the staff 8 who worked on this, Chuck Meara, Gail Benjamin, 9 Christian Hilton and Amy Levitan. 10 This nine-acre rezoning is a very 11 important action to take a part of the East Side of 12 Manhattan -- if we could just get a little quiet? 13 PUBLIC ADVOCATE GOTBAUM: Quiet, 14 please. 15 SPEAKER QUINN: Take the East Side of 16 Manhattan and help it move forward and develop. 17 Now, what is incredibly significant 18 today is through the work of our Land Use Committee, 19 the work of our staff, and first and foremost, the 20 work of Dan Garodnick. We were able to take a 21 project that had a lot of benefits for the City that 22 wasn't exactly right for the East Side of Manhattan, 23 and transform that project into one that will bring 24 great benefits to the City, but will also bring 25 great benefits to the East Side in Manhattan. And 32 1 STATED COUNCIL MEETING 2 through the staff's work, the Committee's work and 3 Dan's work we were able to make the commercial 4 buildings smaller, have more open space, have open 5 space that will truly be public and really be 6 monitored by a public non-profit organization, to 7 create affordable housing, a new school, and very, 8 very significantly to just about eliminate any 9 shadow on the existing buildings Tudor City and on 10 the existing parks. 11 This is an accomplishment anywhere, 12 but given the significance of Tudor City, given the 13 need for open space on the East Side of Manhattan, 14 this is really a miraculous result and I really want 15 to congratulate everyone, in particular Dan 16 Garodnick, for his great work on this project. 17 Let me call on first the Chair of our 18 Land Use Committee, Melinda Katz, and thank her so 19 much and then we will hear from Dan Garodnick. 20 COUNCIL MEMBER KATZ: Thank you so 21 much, Madam Speaker. And this is a project that 22 really has everything that you look for in a large 23 scale plan in the City of New York. 24 This is a project that is going to 25 give 3 million square feet of residential housing to 33 1 STATED COUNCIL MEETING 2 the East Side of Manhattan. It is going to give a 3 million square feet of commercial to the East Side 4 of Manhattan. It is going to remain with five acres 5 of open space, which is something that the community 6 was extremely adamant about keeping. It also 7 provides a school, a pre-k through an eighth grade, 8 and it literally is -- and provides a good amount of 9 affordable housing, which is set up in a way that I 10 am convinced affordable housing will actually be 11 built, which is a great asset to the City of New 12 York overall. 13 So, in addition to all of that, I 14 want to thank, Madam Speaker, you and your staff, 15 who really shepherded this through. But I have to 16 tell you, as Chair of the Land Use Committee, I had 17 reservations as to whether or not this project could 18 ever -- 19 PUBLIC ADVOCATE GOTBAUM: Quiet, 20 please. 21 COUNCIL MEMBER KATZ: -- I had 22 reservations as to whether or not this project could 23 ever go through, seeing such a large scale area on 24 nine acres of property on the East Side of 25 Manhattan. And it really was to the credit of the 34 1 STATED COUNCIL MEETING 2 community, the community board, the residents of in 3 the area -- 4 PUBLIC ADVOCATE GOTBAUM: Quiet. 5 COUNCIL MEMBER KATZ: The Councilman 6 Dan Garodnick, who shepherded this through, being 7 reasonable, being articulate, being very, very 8 realistic in what he was asking for and what could 9 be done, and I think that deserves a lot of credit 10 to him for having this go through. 11 But it's also a lesson to all of us 12 that, you know, every project can reach compromises, 13 which I'm very proud that where we are today, and I 14 look forward to in ten years walking down the 15 streets of the East Side of Manhattan and being 16 proud to be a small part of this project going 17 forward. 18 I thank you, Madam Chair, and I urge 19 on behalf of the Committee a yes vote on this 20 project. 21 PUBLIC ADVOCATE GOTBAUM: Council 22 Member Mealy, would you like to vote, please. 23 Council Member Mealy. 24 COUNCIL MEMBER MEALY: Yes. I would 25 like permission to vote on all Land Use Call-Ups. 35 1 STATED COUNCIL MEETING 2 PUBLIC ADVOCATE GOTBAUM: So ordered. 3 COUNCIL MEMBER MEALY: Thank you. And 4 aye on all general Call-Ups also, Orders and 5 Resolutions. 6 PUBLIC ADVOCATE GOTBAUM: So ordered. 7 Council Member Garodnick. 8 Excuse me for interrupting, but -- 9 COUNCIL MEMBER GARODNICK: Thank you. 10 I want to start out by thanking the Speaker for her 11 support and understanding of the needs of the East 12 Side -- 13 PUBLIC ADVOCATE GOTBAUM: Quiet, 14 please. There is too much buzzing. 15 COUNCIL MEMBER GARODICK: The needs of 16 the East Side of Manhattan. This was a difficult 17 negotiation and I think we came to a very good 18 result. 19 I also want to thank Chair Katz, for 20 her participation and support throughout the entire 21 process. 22 We are voting on a couple of specific 23 items today, one of which is the 197-C application, 24 the rezoning of the developer, the East River Realty 25 Company, today. And the other is, of course, a 197-A 36 1 STATED COUNCIL MEETING 2 plan, which is a community-based plan to address the 3 development of the broader community board, and I 4 want to start off by congratulating them for their 5 years of hard work and the careful consideration 6 they put into the plan for responsible development 7 and sustainable growth. These are very rare to see 8 here in the City Council, and we want to 9 congratulate them for all of their efforts. 10 Together with the redevelopment, the 11 197-C plan put forth by the developer today, these 12 proposals are going to allow for significant 13 development on the East Side. 14 It's going to do it in a way that 15 creates expansive open space and protects the 16 existing park land from shadows. It respects the 17 character of the neighborhood. It adds new amenities 18 that will benefit the entire area and also the City 19 of New York as a whole. 20 As you've heard, it will create a new 21 school and affordable housing, and all the while 22 will create thousands of new jobs. 23 Our discussions with the developer 24 were guided by a set of community-based principles 25 that will truly enhance the neighborhood. 37 1 STATED COUNCIL MEETING 2 Today the area of East Midtown is 3 starved for open space, which is why that was a top 4 priority for area residents. The plan that we are 5 going to vote on today will create five acres of 6 permanently accessible and truly public space. It 7 also secures the necessary easements to allow for a 8 future waterfront park on the east side of the FDR 9 Drive, and a significant financial contribution to 10 the construction of that park. 11 It provides for the creation of an 12 open air ampitheater, the first of its kind in the 13 area, and as the Speaker mentioned, we even set up 14 an independent not-for-profit organization to do the 15 programming for the open space and for that 16 performance space as well. 17 On the density and the heights, the 18 developer had initially proposed towers that would 19 have thrown local parks into shadow, and by their 20 sheer size, would have generated an excessive amount 21 of pressure on our local infrastructure. 22 We came to an agreement for buildings 23 that are more in scale with the existing 24 neighborhood, and by cutting the amount of public 25 parking in half, we are discouraging car use. This 38 1 STATED COUNCIL MEETING 2 is a relief for residents, and an example, in my 3 view, of sustainable planning that should be a model 4 for the City of New York going forward. 5 This will be a vibrant mixed-use 6 community. It will have the vitality of other 7 neighborhoods that strike the right balance between 8 commercial, residential space, ground level retail 9 and open space for the public. 10 It will create, as you heard, a 11 630-seat K through 8 public school, and the addition 12 of approximately 539 units of affordable housing, 13 either on site in this development, or as 14 preservation of affordable housing units in the 15 immediate neighborhood that would otherwise have 16 been lost to market rents. 17 This includes incentives for 18 moderate- and middle-income housing, and when you 19 add to that the thousands of jobs and a commitment 20 to using labor, organized union labor, this is a 21 plan that we can all be proud of. 22 It represents sensible development. 23 It is based on sound principles and a progressive 24 vision. The community's concerns here were heard and 25 addressed, and I believe that this is going to be an 39 1 STATED COUNCIL MEETING 2 important new development for the City of New York 3 and I'm very, very proud today to encourage my 4 colleagues to vote yes on this item, both the 197-C 5 and the 197-A, with recognition of the work of the 6 Land Use staff of the City Council, of course 7 Marianna Vademan Stone, my Senior Policy Advisor, 8 and again thanks to the Speaker and Land Use Chair. 9 We really do appreciate it. 10 Thank you. 11 SPEAKER QUINN: Thank you very much. 12 Next today we were going to vote on 13 the override of the veto of Intro. 61-A. Intro. 61-A 14 is a piece of legislation that would make it a 15 violation of the City's Human Rights Law to 16 discriminate against New Yorkers based on the source 17 of income they have to pay their rent. 18 This bill very simply says that if 19 you are using Section 8 or some other rental 20 assistance program to help you pay your rent, if you 21 have the ability to pay your rent, a landlord cannot 22 turn you away simply because they do not like the 23 way you are paying your rent. 24 It would be an important addition to 25 the Human Rights Law that would crack down on 40 1 STATED COUNCIL MEETING 2 discrimination that we know is occurring in our five 3 boroughs from Staten Island to the Bronx, and would 4 also make sure that people who need housing and can 5 pay for housing and have found housing are able to 6 move in and live in that housing. 7 I want to thank Molly Murphy and Alex 8 Patasnick (phonetic), who have worked so hard on 9 this bill. I want to thank Chairperson DeBlasio, who 10 sponsored this bill, and who also shepherded it 11 through his General Welfare Committee, even though I 12 kept forgetting and thinking it was in another 13 Committee. But I want to thank him very much for his 14 work in drafting the bill, in getting it through and 15 in making sure we have the votes today to override 16 the veto. 17 I also want to thank Rob Newman, and 18 our Deputy Chief of Staff who is on maternity leave, 19 Mora Keeney, who may have been even more dogged than 20 Bill DeBlasio about the need for this bill. And let 21 me call on the author and Chair Bill DeBlasio. 22 COUNCIL MEMBER DeBLASIO: Thank you 23 very much, Madam Speaker. 24 Well, first of all, I want to thank 25 you for your strong support on this important 41 1 STATED COUNCIL MEETING 2 legislation. This has been a very long process, but 3 I think we've really achieved a lot in this process. 4 I want to thank in addition to you 5 for all your work, I want to thank Chuck Meara and 6 Ramon Martinez and Mora Keeney and Rob Newman, 7 everyone on your staff, obviously Alex and Molly, 8 Migna Taveras, Freya Riel from my staff. I want to 9 thank all of the organizations that played such a 10 key role, ACORN and Legal Aid, NAACP, Catholic 11 Charities. It's been a long group effort but for a 12 very important reason. 13 I just want to say to my colleagues, 14 thank you for all the support. We are, by voting on 15 this bill today, we are helping to end 16 discrimination in our City. We're outlawing what has 17 been up to now a legal form of discrimination 18 against folks who have government sources of income. 19 There is a great irony to the 20 government giving out subsidies and trying to help 21 people on the one hand and then not making it 22 illegal to discrimination against those people on 23 the other hand. Well, we're going to fix that irony 24 today, and we're addressing what is obviously a 25 growing affordable housing crisis in our 42 1 STATED COUNCIL MEETING 2 communities, and we hear every day about the extent 3 of that crisis. 4 So, we're achieving a lot and in the 5 process, just to add, and I thank again the Speaker 6 and her staff because we also got the agencies 7 involved on the City level to make real improvements 8 and changes in the Section 8 program that will 9 benefit landlords and tenants alike. This is 10 historic legislation and I thank all of my 11 colleagues for their support. 12 SPEAKER QUINN: Thank you. And I want 13 to apologize. I thanked Alex Pastilnick, calling her 14 Alex -- I gave her the name of the Rabbi of the 15 Police Department. I don't know why I made you a 16 Rabbi today, but it's not a bad promotion if you're 17 going to get one. So, thank you, Alex Pastilnick, 18 for your work on that legislation. 19 We are also voting today on Intro. 20 728 and 729, and I want to thank Jeff Haberman and 21 Carmen Cognetta and Rob Newman for their work on 22 this legislation. 23 These are two pieces of legislation 24 that were introduced also by Council Member 25 DeBlasio, and shepherded through the Sanitation 43 1 STATED COUNCIL MEETING 2 Committee by Council Member Mike McMahon, and I want 3 to thank both of them. 4 As folks will probably remember, a 5 month or two ago we passed a bill which sets up 6 electronic waste recycling in the City of New York. 7 We did this why? Because it is dangerous to the 8 environment, to our quality of air, to our water 9 supply, to be putting electronics out on the 10 sidewalk for them to be picked up with garbage. 11 We need to make sure we have a 12 program for electronic recycling. By the legislation 13 we pass, we will be the first City in the country 14 that has set up an electronic waste recycling 15 program. 16 In our efforts around this bill, we 17 felt it was very important that, yes, manufacturers 18 be required to have a take-back program; that, yes, 19 manufacturers be required to tell consumers about 20 that take-back program; yes, we thought it was 21 important for people to be prohibited by law from 22 putting electronics on the sidewalk. But we also 23 thought that we had to, by law, create standards 24 that manufacturers had to reach. Golden time lines 25 by law of percentages of how much of a 44 1 STATED COUNCIL MEETING 2 manufacturer's product had to be recycled. 3 In our efforts around this 4 legislation, to have one that was workable but firm 5 and solid, we were able to come to agreement with 6 the Bloomberg Administration on much of our goals, I 7 would say about 90 percent of our goals, and I want 8 to thank the Mayor's Office of Legislative Affairs 9 for their work on that. 10 We were not able to come to 100 11 percent agreement, and in fact, our belief that 12 standards be put into the law was not something the 13 Mayor agrees with. 14 That is why today we are passing the 15 e-Waste Bill in two components: Intro. 728 and 729. 16 Together they create not just the first e-Waste 17 Recycling Program for any City, but an incredibly 18 strong e-Waste Program, as strong as any state has 19 in the country. 20 What we believe will happen is we 21 will pass these two bills today. Mayor Bloomberg 22 will sign one of them into law, the other one we 23 believe will be vetoed and we will be back here 24 overriding the veto of that bill. We think they both 25 are needed, but we are very gratified that we have 45 1 STATED COUNCIL MEETING 2 been able to come to an agreement on at least 90 3 percent of it, and what we're doing today, as well 4 as sending an environmental message to New Yorkers 5 and to folks who make electronics, we're also, in a 6 very practical way, making sure that a program will 7 exist and will begin in the City of New York 8 immediately. 9 So, I want to thank again Council 10 Members DeBlasio and McMahon for their work on this. 11 I want to call on Council Member DeBlasio and 12 Chairperson McMahon. 13 COUNCIL MEMBER DeBLASIO: Thank you 14 very much, Madam Speaker. 15 Again, thank you for all of your hard 16 work on this legislation and focus on it and support 17 throughout the process and to your staff, in 18 particular Rob Newman and Mora Keeney. I want to 19 thank Chair McMahon, who has been an extraordinary 20 advocate on this issue, and his fine Counsel on the 21 Sanitation Committee, Carmen Cognetta, who really 22 deserves extraordinary credit on this bill; Jean 23 Weinberg of my staff, who put immense time and 24 energy in, and our friends at the Natural Resources 25 Defense Council, and other environmental advocates, 46 1 STATED COUNCIL MEETING 2 the NRDC, really went above and beyond the call on 3 this legislation. 4 Simply put, Madam Speaker, you 5 covered the basics of it. I just want to tell all of 6 our colleagues that this is a very proud moment for 7 the New York City Council. We will be the first City 8 in the United States of America to have legislation 9 mandating electronics recycling. A number of states 10 have done so already, but we'll be the first City to 11 do so, and we're going to have a huge impact on the 12 national debate and on what happens in other cities 13 and states, and hopefully on the federal level as 14 well. 15 We're saying today that we're not 16 going to continue to use taxpayer money to pollute 17 our environment. We're not going to let 18 manufacturers off the hook. We want them to start 19 making cleaner and greener products. We want them to 20 start recycling and working with people in the 21 community, who obviously want to recycle. We see 22 that every time there is a recycling drive, there is 23 tremendous positive response from our communities. 24 So, we're taking a big step forward, 25 and at the same time we're saying, even though we've 47 1 STATED COUNCIL MEETING 2 had a disagreement with the Mayor on performance 3 standards, this Council is going on record strongly 4 and saying performance standards are what we need in 5 the future to make sure this electronics recycling 6 happens, and to make sure we protect our 7 environment. 8 So, this is a very proud day for the 9 Council. Thank you very much. 10 SPEAKER QUINN: Thank you very much. 11 And that concludes Communication from 12 the Speaker. 13 PUBLIC ADVOCATE GOTBAUM: Discussion 14 of General Orders. 15 Seeing no one -- oh, Council Member 16 Koppell. 17 COUNCIL MEMBER KOPPELL: With the 18 indulgence of my colleagues, there is an item on the 19 General Orders Calendar that approves the siting of 20 a school in my district, an extension to PS 94 on 21 Kings College Place in the Bronx. That's a good 22 thing that we're building this new extension of that 23 school. It's an overcrowded school and it will 24 replace transportable classrooms. 25 However, this came to us without any 48 1 STATED COUNCIL MEETING 2 plan for the seating of about 250 kids who will not 3 have a place to go to school because the current 4 transportables will eliminated while the 5 construction of the new building takes place. 6 There was no plan in place. The 7 community board had asked six months ago for a plan, 8 and I indicated I couldn't support the siting of 9 this school without a plan. 10 Well, last night, at about 6:00, I 11 got a plan from the Department of Education. This is 12 not the way educational facilities ought to be 13 planned, and I call this to your attention and I 14 make these comments to hope that the Department of 15 Education will act in a different way. 16 It would seem to me that the plan to 17 bus these kids to another school until the new 18 building is ready is probably as good as we can do. 19 There obviously was no opportunity for public 20 comment, for parents to respond, and that's 21 inappropriate. 22 I do want to thank Jessica Lappin and 23 the members of the Siting Committee, of the Land Use 24 Committee, because they indicated that without my 25 acceptance of the plan they wouldn't continue to -- 49 1 STATED COUNCIL MEETING 2 they wouldn't support this. I'm not asking this not 3 be supported. I support it because building this new 4 515-seat school is a very important step forward in 5 a part of my district that will still be overcrowded 6 after this school is built. 7 So, I support going ahead with it, 8 but the planning process by the Department of 9 Education, as illustrated by this particular item is 10 woefully inadequate and I think it's worth making 11 mention of this to hope that it doesn't happen 12 again. 13 Thank you, Madam Speaker, and 14 members, and I will vote in the affirmative. 15 PUBLIC ADVOCATE GOTBAUM: Council 16 Member Monserrate, do you want to make a vote, 17 please? 18 COUNCIL MEMBER MONSERRATE: Yes, thank 19 you very much. 20 I'd like to ask for unanimous consent 21 to vote for the Land Use Call-Ups in the 22 affirmative, and all of the items on today's General 23 Order Calendar. 24 PUBLIC ADVOCATE GOTBAUM: So ordered. 25 Council Member James. 50 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER MONSERRATE: And 3 resolutions also. Thank you very much. 4 PUBLIC ADVOCATE GOTBAUM: So ordered. 5 Council Member James. 6 COUNCIL MEMBER JAMES: On the General 7 Orders is Intro. 671. It's a local law with respect 8 to the Myrtle Avenue Brooklyn Business Improvement 9 District. Myrtle Avenue is the primary shopping area 10 for Fort Greene and Clinton Hill. After many years 11 of decline, business owners, commercial tenants and 12 residents recognized a need to renew the vibrancy of 13 Myrtle Avenue. 14 It was a local development 15 corporation spearheaded by the Pratt Institute. It 16 is a vibrant community, encompassing approximately 17 160 small retail businesses. The new businesses on 18 the Avenue include two cafes, a fresh bagel bakery, 19 Thai, Middle Eastern restaurants, a drugstore, a 20 health food store, banks and furniture stores. The 21 Myrtle Avenue revitalization is bordered by 22 MetroTech, the Navy Yard and it's in walking 23 distance from BAM. 24 I urge all of my colleagues to vote 25 in support of this increase in assessment to cover 51 1 STATED COUNCIL MEETING 2 the expenses of the Myrtle Avenue Business 3 Improvement District. Thank you. 4 PUBLIC ADVOCATE GOTBAUM: Seeing 5 nobody else. 6 Report of Special Committees. 7 COUNCIL CLERK: None. 8 PUBLIC ADVOCATE GOTBAUM: Report of 9 Standing Committees. 10 COUNCIL CLERK: Report of the 11 Committee on Finance. 12 Intro. 671. Myrtle Avenue, Business 13 Improvement District. 14 SPEAKER QUINN: Coupled on General 15 Orders. 16 COUNCIL CLERK: Intro. 738. Mayor's 17 Executive Budget dates. 18 SPEAKER QUINN: Coupled on General 19 Orders. 20 COUNCIL CLERK: Preconsidered LU 703 21 and Reso 1331. Church Hill House. 22 SPEAKER QUINN: Coupled on General 23 Orders. 24 COUNCIL CLERK: Report of the 25 Committee on General Welfare. 52 1 STATED COUNCIL MEETING 2 Intro. 61-A. Prohibiting Landlords 3 from discriminating against tenants. 4 SPEAKER QUINN: Coupled on General 5 Orders. 6 COUNCIL CLERK: M 962. Mayor's veto of 7 Introductory No. 61-A. 8 SPEAKER QUINN: Coupled to be filed. 9 COUNCIL CLERK: Report of the 10 Committee on Land Use. 11 LU 666 and Reso 1332. 12 SPEAKER QUINN: Coupled on General 13 Orders. 14 COUNCIL CLERK: LU 688 and Reso 1333. 15 Zoning Map amendment. 16 SPEAKER QUINN: Coupled to be filed, 17 pursuant to letter of withdrawal. 18 COUNCIL CLERK: LU 689 and Reso 1334. 19 Zoning Map Amendment. 20 SPEAKER QUINN: Coupled on General 21 Orders. 22 COUNCIL CLERK: LU 700, zoning map 23 amendment. 24 SPEAKER QUINN: Approved with 25 modifications and referred to the City Planning 53 1 STATED COUNCIL MEETING 2 Commission, pursuant to Rule 11.70(b) of the Rules 3 of the Council, and Section 197-(d) of the New York 4 City Charter. 5 COUNCIL CLERK: Preconsidered LU 704 6 and Reso 1335. 515-seat Early Childhood Center. 7 SPEAKER QUINN: Coupled on General 8 Orders. 9 PUBLIC ADVOCATE GOTBAUM: General 10 Order Calendar. 11 COUNCIL CLERK: Intros 728 and 729. 12 Electronic waste recycling. 13 SPEAKER QUINN: Coupled on General 14 Orders. 15 COUNCIL CLERK: Resolution 1300 and 16 Reso 1301 on next page. 17 SPEAKER QUINN: Coupled on General 18 Orders. 19 COUNCIL CLERK: LU 623 and Reso 1336 20 through LU 700 and Reso 1345, various ULURPs, 21 Manhattan. 22 SPEAKER QUINN: Coupled on General 23 Orders. 24 COUNCIL CLERK: LU 700 and Reso 1345. 25 ULURP, Brooklyn. 54 1 STATED COUNCIL MEETING 2 SPEAKER QUINN: Coupled on General 3 Orders. 4 COUNCIL CLERK: Resolutions appointing 5 various persons Commissioner of Deeds. 6 SPEAKER QUINN: Coupled on General 7 Orders. 8 And at this point I ask for a roll 9 call on all items coupled on the General Order 10 Calendar, but I just want to make sure -- 11 PUBLIC ADVOCATE GOTBAUM: Quiet, 12 please. 13 SPEAKER QUINN: To let all my 14 colleagues know that we will not be adjourning 15 today's meeting. We will recess today's meeting in 16 case we are needed to be called back in the next few 17 days pursuant to Home Rule request from Albany. 18 Thank you. 19 COUNCIL CLERK: Addabbo. 20 COUNCIL MEMBER ADDABBO: Aye. 21 COUNCIL CLERK: Arroyo. 22 COUNCIL MEMBER ARROYO: Aye. 23 COUNCIL CLERK: Avella. 24 COUNCIL MEMBER AVELLA: Aye. 25 COUNCIL CLERK: Baez. 55 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER BAEZ: Aye. 3 COUNCIL CLERK: Brewer. 4 COUNCIL MEMBER BREWER: Aye. 5 COUNCIL CLERK: Comrie. 6 COUNCIL MEMBER COMRIE: Aye. 7 COUNCIL CLERK: DeBlasio. 8 COUNCIL MEMBER DEBLASIO: Aye. 9 COUNCIL CLERK: Dickens. 10 COUNCIL MEMBER DICKENS: Aye. 11 COUNCIL CLERK: Dilan. 12 COUNCIL MEMBER DILAN: Pass. 13 COUNCIL CLERK: Eugene. 14 COUNCIL MEMBER EUGENE: Aye. 15 COUNCIL CLERK: Felder. 16 COUNCIL MEMBER FELDER: I vote yes on 17 all, except Intro. 61-A, and Intro. 729, and 18 corresponding Resolution 1301. On those items I vote 19 no. 20 COUNCIL CLERK: Fidler. 21 COUNCIL MEMBER FIDLER: Madam Public 22 Advocate, may I be briefly excused to explain my 23 vote? 24 PUBLIC ADVOCATE GOTBAUM: So ordered. 25 COUNCIL MEMBER FIDLER: I would be 56 1 STATED COUNCIL MEETING 2 gravely tempted to suggest that as long as the Mayor 3 is continuing to veto our legislation, we ought not 4 to consider the things that he wants over the next 5 couple of weeks. 6 But I actually think that it's kind 7 of shameful that the Mayor is going to veto the part 8 of the e-Waste bill that calls for standards to be 9 set. I mean, if you're going to walk the walk, you 10 know, you've got to walk the whole way. And, you 11 know, when they're telling you how green they are, 12 ask them whether or not that rule applies to 13 everything or just the things that they like. And 14 with that, I vote aye on all. 15 COUNCIL CLERK: Foster. 16 COUNCIL MEMBER FOSTER: Aye. 17 COUNCIL CLERK: Gallagher. 18 COUNCIL MEMBER GALLAGHER: No on 19 Intro. 728. No on Intro. 729 and corresponding 20 Resolutions 1300 and 1301. No on Intro. 61-A and 21 corresponding Resolution M 962. Aye on all other 22 coupled General Orders. 23 COUNCIL CLERK: Garodnick. 24 COUNCIL MEMBER GARODNICK: Aye. 25 COUNCIL CLERK: Gennaro. 57 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER GENNARO: Yes. 3 COUNCIL CLERK: Gentile. 4 COUNCIL MEMBER GENTILE: Yes. 5 COUNCIL CLERK: Gioia. 6 COUNCIL MEMBER GIOIA: Yes. 7 COUNCIL CLERK: Gonzalez. 8 (No response.) 9 COUNCIL CLERK: Ignizio. 10 COUNCIL MEMBER IGNIZIO: If I may be 11 briefly excused to explain my vote? I wanted to 12 first vote yes on all Land Use Call-Ups with the 13 permission of Madam Public Advocate. But, however, I 14 did want to talk about Intro. 728 and 729. The 15 issues that I have with these bills, it's not the 16 motives of the sponsor, which I believe are pure. 17 It's the unintended consequences. I see into the 18 future a way in which in 2010 where there are 19 wholesale people who are dumping their electronics 20 into local lots, creating more of a problem 21 environmentally, in my view, than which is the place 22 today. 23 I don't know how we rectify the 24 situation that somebody may, perhaps where I live or 25 where you live, ends up with a 37 inch TV, it's hard 58 1 STATED COUNCIL MEETING 2 enough to get it in the house, but they have it 3 delivered. So, now it's their responsibility to get 4 rid of it. So, does somebody have to rent a U-Haul? 5 Does somebody have to call their buddies over? In 6 the end of the day, when you put those confines on 7 somebody, my fear is that they're going to say, you 8 know what, just throw it across the street. The heck 9 with it, because Sanitation is not picking it up 10 anyway. 11 I think that is a very serious 12 concern. It's the reason why I need to record no on 13 728 and 729. 14 I also would like to be quoted in the 15 negative on 61-A. Thank you very much. 16 COUNCIL CLERK: James. 17 COUNCIL MEMBER JAMES: Congratulations 18 to Michael Bacher (phonetic), the Executive Director 19 of the Myrtle Avenue BID and their board, Mr. John 20 Due, Chairman of Community Board 2, and Dr. Thomas 21 Shudi (phonetic), the President of Pratt Institute. 22 I vote aye on all. 23 COUNCIL CLERK: Katz. 24 COUNCIL MEMBER KATZ: Aye on all. 25 COUNCIL CLERK: Koppell. 59 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER KOPPELL: May I be 3 excused from voting and briefly state my reason? 4 PUBLIC ADVOCATE GOTBAUM: So ordered. 5 COUNCIL MEMBER KOPPELL: Thank you. 6 Council Member Ignizio raised I 7 thought a legitimate concern that I have discussed 8 with respect to the bill, and that is that by 9 eliminating the pick-up of this equipment, by the 10 Sanitation Department, we're going to encourage the 11 dumping of the equipment. And so what we really need 12 is incentives to make sure that people don't dump 13 but rather return it appropriately. 14 And quite some years ago in the 15 Legislature, we had faced the problem of people 16 throwing away bottles and cans. And the solution to 17 that, which has worked actually extremely well, is 18 the deposit on bottles and cans that we enacted over 19 25 years ago. As I mentioned before, over 100 20 billion bottles and cans have been appropriately 21 recycled. 22 I had urged that we actually mandate 23 a deposit in connection with this bill, but that was 24 rejected, and then I had urged that we put in a 25 provision to make it clear that the people who have 60 1 STATED COUNCIL MEETING 2 to meet the standards, that is the manufacturers be 3 enabled to put a deposit on at their behest. You 4 know, without a requirement. And I am concerned that 5 the language of the bill might suggest that that 6 would be improper because it would be, quote, a 7 charge, end quote. 8 Chair DeBlasio has assured me that as 9 sponsor of this bill that is not the case, and that 10 if the manufacturers decide that in order to meet 11 the standards, they have to put some sort of deposit 12 and thereby create an incentive for returns, that 13 the bill doesn't prohibit that. 14 So, I am glad that that opportunity 15 exists. I hope that the courts will in fact follow 16 that line of reasoning by Chair DeBlasio, and I 17 certainly hope that the standards will be met and I 18 suggest that as we look back on this, I'm not going 19 to be here, maybe others will, we'll see that some 20 sort of incentive is going to be needed to meet the 21 standards in the bill. 22 Thank you, Madam Public Advocate. I 23 withdraw my request and vote in the affirmative on 24 all items. 25 COUNCIL CLERK: Lappin. 61 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER LAPPIN: With a bit 3 congratulations to Council Member Garodnick on the 4 Con Ed rezoning, I vote aye. 5 COUNCIL CLERK: Liu. 6 COUNCIL MEMBER LIU: Yes. 7 COUNCIL CLERK: Mark-Viverito. 8 COUNCIL MEMBER MARK-VIVERITO: Aye on 9 all. 10 COUNCIL CLERK: Martinez. 11 COUNCIL MEMBER MARTINEZ: Madam Public 12 Advocate, may I be excused to explain my vote? 13 PUBLIC ADVOCATE GOTBAUM: So ordered. 14 Sorry. 15 COUNCIL MEMBER MARTINEZ: Madam Public 16 Advocate, I just want to commend Councilman Bill 17 DeBlasio and our Speaker in moving forward in 18 overriding the Mayor's veto on Intro. 61-A. This is 19 a crucial piece of legislation, particularly for 20 members of my community, for which we do see this 21 practice often of discrimination based on the sorts 22 of income that they may have when presented, when 23 applying or going to rent an apartment in our 24 district. 25 An unfair practice and a 62 1 STATED COUNCIL MEETING 2 discriminatory practice to tell one that even though 3 you may have the source to pay the rent, but, 4 however, it's not a four or three digit salary, that 5 you're not eligible or you're not good enough to 6 rent the apartment. 7 I want to commend the Council Member 8 DeBlasio for being thoughtful and understanding that 9 this practice must stop in the City of New York, and 10 we must stand strong in the Council in protecting 11 the rights of all New Yorkers to have a decent place 12 to live in. 13 So, again, congratulations, and I 14 want to thank the Speaker, and the staff for being 15 supportive of this and moving forward in ensuring 16 that this practice stops in the City of New York. 17 I vote aye. 18 COUNCIL CLERK: Mendez. 19 COUNCIL MEMBER MENDEZ: I vote aye on 20 all, and I want to extend a great congratulations to 21 Council Member Garodnick and Community Board 6 for 22 all their hard work. It was really a true act of 23 negotiations to bring both sides to an agreement. 24 So, once again, congratulations. 25 COUNCIL CLERK: Nelson. 63 1 STATED COUNCIL MEETING 2 COUNCIL MEMBER NELSON: Aye. 3 COUNCIL CLERK: Palma. 4 COUNCIL MEMBER PALMA: Aye. 5 COUNCIL CLERK: Recchia. 6 COUNCIL MEMBER RECCHIA: Aye. 7 COUNCIL CLERK: Reyna. 8 COUNCIL MEMBER REYNA: I vote aye on 9 all. 10 COUNCIL CLERK: Seabrook. 11 (No response.) 12 COUNCIL CLERK: Sears. 13 COUNCIL MEMBER SEARS: Aye. 14 COUNCIL CLERK: Vacca. 15 COUNCIL MEMBER VACCA: Aye on all, 16 except 61-A I vote no. 17 COUNCIL CLERK: Vallone. 18 COUNCIL MEMBER VALLONE: Aye on all, 19 except 61-A I vote no. 20 COUNCIL CLERK: Vann. 21 COUNCIL MEMBER VANN: Aye. 22 COUNCIL CLERK: Weprin. 23 COUNCIL MEMBER WEPRIN: I'd like to 24 vote aye on all Land Use Call-Ups, with permission. 25 And I vote aye on all coupled General Orders. 64 1 STATED COUNCIL MEETING 2 PUBLIC ADVOCATE GOTBAUM: So ordered. 3 COUNCIL CLERK: White. 4 COUNCIL MEMBER WHITE: Aye. 5 COUNCIL CLERK: Yassky. 6 COUNCIL MEMBER YASSKY: I'd like 7 permission also to vote on the Land Use Call-Ups. I 8 vote aye on the Land Use Call-Ups and also aye on 9 all the coupled General Orders. 10 PUBLIC ADVOCATE GOTBAUM: So ordered. 11 COUNCIL CLERK: Dilan. 12 COUNCIL MEMBER DILAN: I vote aye on 13 all, except for Intro. 61-A I vote no. 14 COUNCIL CLERK: Felder. 15 COUNCIL MEMBER FELDER: I vote no on 16 Intro. 728. 17 COUNCIL CLERK: Oddo. 18 COUNCIL MEMBER ODDO: No on 728, 729, 19 and 61-A, yes on all others. 20 COUNCIL CLERK: Seabrook. 21 COUNCIL MEMBER SEABROOK: I vote aye 22 on all. 23 COUNCIL CLERK: Sanders. 24 COUNCIL MEMBER SANDERS: Permission to 25 vote on all past Land Use items. I vote aye. I vote 65 1 STATED COUNCIL MEETING 2 aye on all. 3 PUBLIC ADVOCATE GOTBAUM: So ordered. 4 COUNCIL CLERK: Rivera. 5 COUNCIL MEMBER RIVERA: I vote aye on 6 all. 7 COUNCIL CLERK: Speaker Quinn. 8 SPEAKER QUINN: Aye. 9 PUBLIC ADVOCATE GOTBAUM: All items on 10 today's General Order Calendar were adopted by a 11 vote of 51 in the affirmative, zero in the negative, 12 zero abstentions, with the exception of Intro. 61-A, 13 which was adopted by a vote of 44 in the 14 affirmative, seven negative, zero abstentions; and 15 962, which was adopted by a vote of 50 in the 16 affirmative, one negative, zero abstentions. 17 Revised Land Use Call-Ups were 18 adopted by a vote of 51 -- oh, sorry about that. No, 19 it isn't. Intro. 728, 47 in the affirmative, four in 20 the negative, zero abstentions; and Reso 1300, which 21 is adopted by 50 in the affirmative, one negative 22 and zero abstentions. And Intro. 729, which is 23 adopted by a vote of 47 in the affirmative, four 24 negative and zero abstentions; and Reso 1301, which 25 is adopted by a vote of 50 in the affirmative, one 66 1 STATED COUNCIL MEETING 2 negative, zero abstentions. The revised Land Use 3 Call-Up vote is 51 affirmative, zero negative. 4 Introduction and Reading of Bills. 5 SPEAKER QUINN: I'm sorry, I was 6 chatting, quite frankly. 7 Introduction and Reading of Bills. 8 All bills are referred to committee as indicated on 9 the agenda. 10 PUBLIC ADVOCATE GOTBAUM: Discussion 11 of Resolutions. 12 Resolutions 1250 -- Council Member 13 Dickens. 14 COUNCIL MEMBER DICKENS: Thank you, 15 Madam Public Advocate. 16 PUBLIC ADVOCATE GOTBAUM: Quiet, 17 please. 18 COUNCIL MEMBER DICKENS: Immigration 19 is one of the most important issues facing America 20 today. We cannot turn on our televisions or pick up 21 a newspaper without hearing a new opinion on this 22 issue. 23 I come here today to implore my 24 colleagues to vote yes for this resolution that 25 supports a population that comprises our most 67 1 STATED COUNCIL MEETING 2 vulnerable New Yorkers, the children of 3 non-immigrant citizen parents. 4 PUBLIC ADVOCATE GOTBAUM: Quiet, 5 please. Quiet. 6 COUNCIL MEMBER DICKENS: This reso 7 calls upon the US Congress to pass the Immigrant 8 Child Protection Act, which would give immigration 9 judges the discretion to allow alien parents of US 10 born children to remain in the United States with 11 their children. To me, there is nothing more 12 heartbreaking than the idea that across the country 13 children are being ripped from their parents because 14 the parents do not have legal status. 15 All parents want for their children 16 is a better life. Many of these parents have been in 17 this country working for a number of years -- 18 PUBLIC ADVOCATE GOTBAUM: Quiet, 19 please. 20 COUNCIL MEMBER DICKENS: -- In fear as 21 non-citizens just to give their children 22 opportunities that they never had. 23 In this critical election year, a 24 politically charged term that is thrown about by 25 every candidate for their own political purpose is 68 1 STATED COUNCIL MEETING 2 family values. But how is it possible to talk about 3 family values while allowing a practice that allows 4 families to be literally torn apart and separated. 5 I want to Chair of the Immigration 6 Committee, Kendall Stewart, and the members of his 7 Committee for their hard work. I want to thank my 8 co-sponsor for this reso, Majority Leader Joel 9 Rivera, and Speaker Quinn for her strong support 10 that would allow these children to remain with their 11 parents regardless of status providing role models, 12 coaches, home-builders, advocates and most important 13 of all, love to the children who will shape our 14 nation's future. 15 Thank you. 16 PUBLIC ADVOCATE GOTBAUM: Council 17 Member Fidler. 18 COUNCIL MEMBER FIDLER: Yes, thank 19 you, Madam Public Advocate. 20 I think some of my colleagues may 21 know that I spent about 18 years of my -- in a legal 22 practice that required me to appear regularly at the 23 Immigration Court. And to those of you who don't 24 know, the quality of justice in the Immigration 25 Court is often poor and often arbitrary. Yet, in the 69 1 STATED COUNCIL MEETING 2 '90s, Congress took away the discretion of 3 immigration judges to look at whether or not they 4 could wave deportation when a family was going to be 5 broken up in the interest of justice. You know, 6 there were judges that sometimes were willing to 7 consider that up until the ending of the 212-C 8 Waiver. They no longer have the power to consider 9 that, and I think that is just shameful. Those 10 judges that are willing to overlook a minor 11 transgression in the face of a long record of 12 someone who has otherwise been a good and productive 13 member of our society who has a family member who 14 would be entitled to stay here in the United States, 15 they should have that discretion. And so, I would 16 urge my colleagues to vote in favor of this 17 resolution. 18 PUBLIC ADVOCATE GOTBAUM: Anybody 19 else? 20 We are going to have a voice vote on 21 the resolutions, seeing as nobody else wants to 22 talk. 23 Okay, Resolution 1250-A. All in 24 favor? 25 Opposed? 70 1 STATED COUNCIL MEETING 2 Adopted. 3 General Discussion. 4 We have no one on General Discussion? 5 Oh, yes, Council Member Fidler. 6 COUNCIL MEMBER FIDLER: Sorry about 7 that. 8 PUBLIC ADVOCATE GOTBAUM: It's okay. 9 COUNCIL MEMBER FIDLER: I know that 10 most of my colleagues are probably expecting me to 11 say something about congestion pricing, since that's 12 the only thing that comes out of my mouth these 13 days. But I'm not going to do that, as tempted as I 14 am. 15 I actually am going to go back to an 16 issue that I speak to this Council about on a 17 regular basis, and that is runaway and homeless 18 youth. And I want to point out that the count that 19 this Council paid for, the study that we paid for in 20 the last budget has been completed, and does, in 21 fact, confirm that on any given night in the City of 22 New York as many as 3,800 young people aged 14 to 24 23 are homeless in our City, many of them sleeping on 24 the street. And the average period of time for which 25 they are homeless is two years. 71 1 STATED COUNCIL MEETING 2 In that context, and I know we're 3 going into an extraordinarily difficult budget year, 4 the Mayor's slashing of the $5 million this Council 5 has put into the budget for shelter beds is 6 shameful. Absolutely shameful. And how we could 7 expect our providers to run shelter beds, have 8 multi-year leases for that space, even a businessman 9 Mayor should be able to understand it doesn't work. 10 And, so, when you go home tonight and 11 you see your child in your bed, think about one of 12 the 3,800 kids that don't have that bed, and I urge 13 you, as we go through this budget process, difficult 14 to make choices, that we not accept the Mayor's 15 choice to balance the budget of the City of New York 16 on the back of children who are homeless. 17 PUBLIC ADVOCATE GOTBAUM: Anybody else 18 for General Discussion? 19 I will now call, sorry, I have to 20 call a revote on the Reso 1301, which is adopted by 21 a vote of 49 in the affirmative, two negative and 22 zero abstentions. 23 Now we call for a recess. 24 (Hearing recessed at 3:40 p.m.) 25 72 1 2 CERTIFICATION 3 4 5 STATE OF NEW YORK ) 6 COUNTY OF NEW YORK ) 7 8 9 I, CINDY MILLELOT, a Certified 10 Shorthand Reporter, do hereby certify that the 11 foregoing is a true and accurate transcript of the 12 within proceeding. 13 I further certify that I am not 14 related to any of the parties to this action by 15 blood or marriage, and that I am in no way 16 interested in the outcome of this matter. 17 IN WITNESS WHEREOF, I have hereunto 18 set my hand this 26th day of March 2008. 19 20 21 22 23 --------------------- 24 CINDY MILLELOT, CSR. 25 73 1 2 C E R T I F I C A T I O N 3 4 5 6 7 8 9 I, CINDY MILLELOT, a Certified Shorthand 10 Reporter and a Notary Public in and for the State of 11 New York, do hereby certify the aforesaid to be a 12 true and accurate copy of the transcription of the 13 audio tapes of this hearing. 14 15 16 17 18 19 20 21 22 23 24 ----------------------- CINDY MILLELOT, CSR. 25