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1 CITY COUNCIL CITY OF NEW YORK ------------------------X TRANSCRIPT OF THE MINUTES of the STATED COUNCIL MEETING ------------------------X October 23, 2008 Start: 1:30 pm Recess: XX:XX pm HELD AT: Council Chambers City Hall B E F O R E: BETSY GOTBAUM Public Advocate COUNCIL MEMBERS: Joseph P. Addabbo, Jr. Maria del Carmen Arroyo Tony Avella Maria Baez Charles Barron Gale A. Brewer Anthony Como Leroy G. Comrie, Jr. Bill de Blasio Inez E. Dickens Erik Martin Dilan Mathieu Eugene Simcha Felder Lewis A. Fidler Helen D. Foster Daniel R. Garodnick James F. Gennaro Vincent J. Gentile Alan J. Gerson Ubiqus 22 Cortlandt Street – Suite 802, New York, NY 10007 Phone: 212-227-7440 * 800-221-7242 * Fax: 212-227-7524 2 A P P E A R A N C E S COUNCIL MEMBERS: Eric N. Gioia Sara M. Gonzalez Vincent Ignizio Robert Jackson Letitia James Melinda R. Katz G. Oliver Koppell Jessica S. Lappin John C. Liu Melissa Mark-Viverito Miguel Martinez Michael E. McMahon Darlene Mealy Rosie Mendez Hiram Monserrate Michael C. Nelson James S. Oddo Annabel Palma Christine C. Quinn Domenic M. Recchia, Jr. Diana Reyna Joel Rivera James Sanders, Jr. Larry B. Seabrook Helen Sears Kendall Stewart James Vacca Peter F. Vallone, Jr. Albert Vann David I. Weprin Thomas White, Jr. David Yassky 1 STATED COUNCIL MEETING 3 2 COUNCIL CLERK: Attention please. 3 Can you please turn all cell phones and pagers to 4 vibrate. [Pause] Anybody that does not have 5 council identification or press identification 6 cannot remain on the main floor of the chambers. 7 You're welcome to the balcony if there is room. 8 Thank you. 9 [Pause] 10 PUBLIC ADVOCATE GOTBAUM: For the 11 Pledge of Allegiance. [Pause] I pledge 12 allegiance to the flag of the United States of 13 America and to the Republic for which it stands, 14 one nation under God [pause] visible, with liberty 15 and justice for all. [Pause] Roll call. 16 COUNCIL CLERK: Addabbo. 17 COUNCIL MEMBER ADDABBO: Here. 18 COUNCIL CLERK: Arroyo. 19 COUNCIL MEMBER ARROYO: Here. 20 COUNCIL CLERK: Avella. 21 COUNCIL MEMBER AVELLA: Here. 22 COUNCIL CLERK: Baez. 23 COUNCIL MEMBER BAEZ: Here. 24 COUNCIL CLERK: Barron. 25 COUNCIL MEMBER BARRON: Here. 1 STATED COUNCIL MEETING 4 2 COUNCIL CLERK: Brewer. 3 COUNCIL MEMBER BREWER: 4 Unfortunately here. 5 COUNCIL CLERK: Como. 6 MALE VOICE 1: Ditto. 7 COUNCIL MEMBER COMO: Here. 8 COUNCIL CLERK: Comrie. 9 COUNCIL MEMBER COMRIE: Here. 10 COUNCIL CLERK: De Blasio. 11 COUNCIL MEMBER DE BLASIO: Here. 12 FEMALE VOICE: [Off mic] 13 COUNCIL CLERK: Dickens. 14 COUNCIL MEMBER DICKENS: Here. 15 COUNCIL CLERK: Dilan. 16 COUNCIL MEMBER DILAN: Here. 17 COUNCIL CLERK: Eugene. 18 COUNCIL MEMBER EUGENE: Here. 19 COUNCIL CLERK: Felder. 20 COUNCIL MEMBER FELDER: [Off mic] 21 [Pause] 22 COUNCIL CLERK: Fidler. 23 COUNCIL MEMBER FIDLER: Here. 24 COUNCIL CLERK: Foster. 25 COUNCIL MEMBER FOSTER: Here. 1 STATED COUNCIL MEETING 5 2 COUNCIL CLERK: Garodnick. 3 COUNCIL MEMBER GARODNICK: Here. 4 COUNCIL CLERK: Gennaro. 5 COUNCIL MEMBER GENNARO: Here. 6 COUNCIL CLERK: Gentile. 7 COUNCIL MEMBER GENTILE: Here. 8 COUNCIL CLERK: Gerson. 9 COUNCIL MEMBER GERSON: Here. 10 COUNCIL CLERK: Gioia. 11 [No response] 12 COUNCIL CLERK: Gonzalez. 13 COUNCIL MEMBER GONZALEZ: Here. 14 COUNCIL CLERK: Ignizio. 15 COUNCIL MEMBER IGNIZIO: Here. 16 COUNCIL CLERK: Jackson. 17 COUNCIL MEMBER JACKSON: Here. 18 COUNCIL CLERK: James. 19 COUNCIL MEMBER JAMES: Here. 20 COUNCIL CLERK: Katz. 21 [Pause] 22 COUNCIL MEMBER KATZ: Here. 23 COUNCIL CLERK: Koppell. 24 COUNCIL MEMBER KOPPELL: Here. 25 FEMALE VOICE: Leave me alone. 1 STATED COUNCIL MEETING 6 2 COUNCIL CLERK: Lappin. 3 [No response] 4 [Off mic] 5 COUNCIL CLERK: Liu. 6 COUNCIL MEMBER LIU: Here. 7 COUNCIL CLERK: Mark-Viverito. 8 COUNCIL MEMBER MARK-VIVERITO: 9 Here. 10 COUNCIL CLERK: Martinez. 11 COUNCIL MEMBER MARTINEZ: Presente. 12 COUNCIL CLERK: McMahon. 13 COUNCIL MEMBER MCMAHON: Here. 14 FEMALE VOICE: Would you like [off 15 mic] 16 COUNCIL CLERK: Mealy. 17 COUNCIL MEMBER MEALY: Here. 18 COUNCIL CLERK: Mendez. 19 COUNCIL MEMBER MENDEZ: Here. 20 COUNCIL CLERK: Monserrate. 21 COUNCIL MEMBER MONSERRATE: Here. 22 COUNCIL CLERK: Nelson. 23 COUNCIL MEMBER NELSON: Here. 24 COUNCIL CLERK: Palma. 25 COUNCIL MEMBER PALMA: Here. 1 STATED COUNCIL MEETING 7 2 COUNCIL CLERK: Recchia. 3 COUNCIL MEMBER RECCHIA: Here. 4 COUNCIL CLERK: Reyna. 5 COUNCIL MEMBER REYNA: Here. 6 COUNCIL CLERK: Sanders. 7 [No response] 8 [Pause] 9 COUNCIL CLERK: Seabrook. 10 COUNCIL MEMBER SEABROOK: Here. 11 COUNCIL CLERK: Sears. 12 COUNCIL MEMBER SEARS: Here. 13 COUNCIL CLERK: Stewart. 14 COUNCIL MEMBER STEWART: Present. 15 COUNCIL CLERK: Vacca. 16 COUNCIL MEMBER VACCA: Here. 17 COUNCIL CLERK: Vallone. 18 COUNCIL MEMBER VALLONE: Here. 19 Here. 20 [Pause] 21 COUNCIL CLERK: Vann. 22 [Off mic] 23 COUNCIL MEMBER VANN: Here. 24 COUNCIL CLERK: Weprin. 25 COUNCIL MEMBER WEPRIN: Here. 1 STATED COUNCIL MEETING 8 2 COUNCIL CLERK: White. 3 COUNCIL MEMBER WHITE: Here. 4 COUNCIL CLERK: Yassky. 5 COUNCIL MEMBER YASSKY: Here. 6 COUNCIL CLERK: Oddo. 7 COUNCIL MEMBER ODDO: Here. 8 COUNCIL CLERK: Rivera. 9 COUNCIL MEMBER RIVERA: Here. 10 COUNCIL CLERK: Speaker Quinn. 11 SPEAKER QUINN: Here. 12 PUBLIC ADVOCATE GOTBAUM: We have a 13 quorum. Invocation to be delivered by Larry-- 14 Council Member Larry Seabrook. All rise. 15 MALE VOICE 2: Madame Chair, he's 16 with the opposition, this is a conflict of 17 interest, he's going to get God against us and we 18 won't stand a chance. 19 PUBLIC ADVOCATE GOTBAUM: Council 20 Member, our pastor, Larry Seabrook. 21 COUNCIL MEMBER SEABROOK: I've 22 worked it out already. God of our weary years, 23 God of our silent tears, for we come here today to 24 do the people's business. It is important that we 25 understand that what is done today will do unto 1 STATED COUNCIL MEETING 9 2 all, justice and equality. For it is here today 3 that we are asking for guidance and we are asking 4 for patience and certainly a level of tolerance 5 and respect for whatever takes place here today. 6 These and many other blessings we ask in Thy name. 7 Amen. 8 PUBLIC ADVOCATE GOTBAUM: Amen. 9 Motion to spread the Invocation. Council Member 10 Katz. 11 COUNCIL MEMBER KATZ: Motion to 12 spread the invocation in full upon the record? 13 PUBLIC ADVOCATE GOTBAUM: So 14 ordered. Adoption of the minutes. 15 MALE VOICE 3: Madame Public 16 Advocate, I move that the minutes of the Stated 17 Meeting-- 18 PUBLIC ADVOCATE GOTBAUM: Quiet, 19 please. 20 SERGEANT AT ARMS: Keep it down. 21 MALE VOICE 3: --of August 14 th , 22 2008, be adopted as printed. 23 PUBLIC ADVOCATE GOTBAUM: So 24 ordered. Messages and papers from the Mayor. 25 COUNCIL CLERK: None. 1 STATED COUNCIL MEETING 10 2 PUBLIC ADVOCATE GOTBAUM: 3 Communication from city, county, and borough 4 offices? 5 COUNCIL CLERK: Preconsidered M 6 1203. 7 SPEAKER QUINN: Rules, privileges, 8 and elections. 9 PUBLIC ADVOCATE GOTBAUM: Petitions 10 in Communications? 11 COUNCIL CLERK: None. 12 PUBLIC ADVOCATE GOTBAUM: Land Use 13 Call-Ups. 14 COUNCIL CLERK: M 1204 through 15 1208. 16 SPEAKER QUINN: If those could all 17 be coupled on a Land Use Call-Up vote and, Madame 18 Public Advocate, if we please could have a roll 19 call on the land use call-up. 20 PUBLIC ADVOCATE GOTBAUM: So 21 ordered. 22 COUNCIL CLERK: Addabbo. 23 COUNCIL MEMBER ADDABBO: Aye. 24 COUNCIL CLERK: Arroyo. 25 COUNCIL MEMBER ARROYO: Aye. 1 STATED COUNCIL MEETING 11 2 COUNCIL CLERK: Avella. 3 COUNCIL MEMBER AVELLA: Aye. 4 COUNCIL CLERK: Baez. 5 COUNCIL MEMBER BAEZ: Aye. 6 COUNCIL CLERK: Barron. 7 COUNCIL MEMBER BARRON: Aye. 8 COUNCIL CLERK: Brewer. 9 COUNCIL MEMBER BREWER: Aye. 10 COUNCIL CLERK: Como. 11 COUNCIL MEMBER COMO: Aye. 12 COUNCIL CLERK: Comrie. 13 COUNCIL MEMBER COMRIE: Aye. 14 [Pause] 15 COUNCIL CLERK: De Blasio. 16 COUNCIL MEMBER DE BLASIO: Aye. 17 COUNCIL CLERK: Dickens. 18 COUNCIL MEMBER DICKENS: Aye. 19 COUNCIL CLERK: Dilan. 20 COUNCIL MEMBER DILAN: Aye. 21 COUNCIL CLERK: Eugene. 22 COUNCIL MEMBER EUGENE: Aye. 23 COUNCIL CLERK: Felder. 24 COUNCIL MEMBER FELDER: Yes. 25 COUNCIL CLERK: Fidler. 1 STATED COUNCIL MEETING 12 2 COUNCIL MEMBER FIDLER: [Off mic] 3 COUNCIL CLERK: Foster. 4 MALE VOICE: My microphone working 5 now. 6 COUNCIL MEMBER FOSTER: Yes. 7 COUNCIL CLERK: Garodnick. 8 COUNCIL MEMBER GARODNICK: Aye. 9 COUNCIL CLERK: Gennaro. 10 COUNCIL MEMBER GENNARO: Yes. 11 COUNCIL CLERK: Gentile. 12 COUNCIL MEMBER GENTILE: Yes. 13 COUNCIL CLERK: Gerson. 14 COUNCIL MEMBER GERSON: Yes. 15 COUNCIL CLERK: Gioia. 16 [No response] 17 [Pause] 18 COUNCIL CLERK: Gonzalez. 19 COUNCIL MEMBER GONZALEZ: Yes. 20 COUNCIL CLERK: Ignizio. 21 COUNCIL MEMBER IGNIZIO: Here, yes. 22 COUNCIL CLERK: Jackson. 23 COUNCIL MEMBER JACKSON: Aye on 24 all. 25 COUNCIL CLERK: James. 1 STATED COUNCIL MEETING 13 2 COUNCIL MEMBER JAMES: Yes. 3 COUNCIL CLERK: Katz. 4 COUNCIL MEMBER KATZ: Aye. 5 COUNCIL CLERK: Koppell. 6 COUNCIL MEMBER KOPPELL: Yes. 7 COUNCIL CLERK: Lappin. 8 COUNCIL MEMBER LAPPIN: Aye. 9 [Pause] 10 COUNCIL CLERK: Liu. 11 COUNCIL MEMBER LIU: Yes. 12 COUNCIL CLERK: Mark-Viverito. 13 COUNCIL MEMBER MARK-VIVERITO: Yes. 14 COUNCIL CLERK: Martinez. 15 COUNCIL MEMBER MARTINEZ: Aye on 16 all. 17 COUNCIL CLERK: McMahon. 18 COUNCIL MEMBER MCMAHON: Aye. 19 COUNCIL CLERK: Mealy. 20 COUNCIL MEMBER MEALY: Aye. 21 COUNCIL CLERK: Mendez. 22 COUNCIL MEMBER MENDEZ: Aye. 23 COUNCIL CLERK: Monserrate. 24 [No response] 25 COUNCIL CLERK: Nelson. 1 STATED COUNCIL MEETING 14 2 COUNCIL MEMBER NELSON: Aye. 3 COUNCIL CLERK: Palma.