THE COUNCIL STATED MEETING OF TUESDAY, FEBRUARY 4, 2014 We’re thankful for life. THE COUNCIL We’re thankful for purpose. Now God, as we come before your presence we ask that you would bless all families Minutes of the Proceedings for the who have lost loved ones to violence, STATED MEETING drug addiction and also to illness. of We come asking a special blessing Tuesday, February 4, 2014, 1:32 p.m. on this City Council. Remind them, oh God, The Public Advocate (Ms. James) that they are to lead this city Acting President Pro Tempore and Presiding Officer in spirit and in truth. We’re thankful for this Public Advocate Council Members and each member of this Council and the Mayor. We ask, oh God, that they would work together, Melissa Mark-Viverito, Speaker Even during those difficult politically awkward moments, allow them to work together Maria del Carmen Arroyo Vanessa L. Gibson I. Daneek Miller with mutual respect with the people Inez D. Barron David G. Greenfield Annabel Palma from Brooklyn, Queens, the Bronx, Fernando Cabrera Vincent M. Ignizio Antonio Reynoso Staten Island and Manhattan Margaret S. Chin Corey D. Johnson Donovan J. Richards in the forefront of their minds. Then oh God, we come before your presence Andrew Cohen Ben Kallos Ydanis A. Rodriguez on this fourth day of February, Costa G. Constantinides Andy L. King Deborah L. Rose remembering the contributions Robert E. Cornegy, Jr. Peter A. Koo Helen K. Rosenthal of African-Americans in this chamber. Elizabeth S. Crowley Karen Koslowitz Ritchie J. Torres Remind us, oh God, that without black history Laurie A. Cumbo Rory I. Lancman Mark Treyger there’s no New York City history, Chaim M. Deutsch Bradford S. Lander Eric A. Ulrich and without the history of those who have come from all parts of this world Inez E. Dickens Stephen T. Levin James Vacca to this city for a better life, Daniel Dromm Mark Levine Paul A. Vallone there is no New York City history. Rafael L. Espinal, Jr. Alan N. Maisel James G. Van Bramer We ask, oh God, that you would bless them Mathieu Eugene Steven Matteo Mark S. Weprin and remind them that even the Government Julissa Ferreras Darlene Mealy Jumaane D. Williams shall rest upon your shoulder. Daniel R. Garodnick Carlos Menchaca Ruben Wills In your mighty and matchless name we pray, Amen. Vincent J. Gentile Rosie Mendez Council Member Cumbo moved to spread the Invocation in full upon the Record. The Public Advocate (Ms. James) assumed the Chair as the designated Acting ADOPTION OF MINUTES President Pro Tempore and Presiding Officer. After consulting with the City Clerk and Clerk of the Council (Mr. McSweeney), Council Member Chin moved that the Minutes of the Stated Meeting of the presence of a quorum was announced by the Public Advocate (Ms. James). December 19, 2013 be adopted as printed. There were 51 Council Members marked present at this Stated Meeting held in the Council Chambers of City Hall, New York, N.Y. At a later point in the Meeting, the Speaker (Council Member Mark-Viverito) recognized the presence of former Council Member Charles Barron in the Chambers. INVOCATION MESSAGES & PAPERS FROM THE MAYOR The Invocation was delivered by Rev. Clinton Miller, Brown Memorial Baptist Church, 484 Washington Avenue, Brooklyn, NY 11238. M-18 Let us pray. Communication from the Mayor - Submitting the name of Richard Briffault to Eternal and righteous God, the Council for its advice and consent regarding his appointment to the we’re thankful for this day. CC2 COUNCIL MINUTES — STATED MEETING February 4, 2014 New York City Conflicts of Interest Board, pursuant to Section 2602 of the Department of Consumer Affairs approving an unenclosed sidewalk café New York City Charter. located at 310 Malcolm X Blvd., in the Borough of Manhattan, Community District 10, Application no. 20145231 TCM shall be subject to review by the January 30, 2014 Council. The Honorable Melissa Mark-Viverito Coupled on Roll Call. Council Speaker City Hall New York, NY 10007 LAND USE CALL UP VOTE Dear Speaker Mark-Viverito: The Public Advocate (Ms. James) put the question whether the Council would Pursuant to Section 2602 of the City Charter, I am very pleased to present the agree with and adopt such motion which was decided in the affirmative by the name of Richard Briffault to the City Council for advice and consent prior to his following vote: appointment to the New York City Conflicts of Interest Board. Professor Briffault is the Joseph P. Chamberlain Professor of Legislation at Affirmative – Arroyo, Barron, Cabrera, Chin, Cohen, Constantinides, Cornegy, Columbia Law School. He is a graduate of Columbia University and Harvard Law Crowley, Cumbo, Deutsch, Dickens, Dromm, Espinal, Eugene, Ferreras, Garodnick, School. Gentile, Gibson, Greenfield, Johnson, Kallos, King, Koo, Koslowitz, Lancman, When appointed to the Board, Professor Briffault will succeed Nicholas Lander, Levin, Levine, Maisel, Matteo, Mealy, Menchaca, Mendez, Miller, Palma, Scoppetta and serve for a six-year term that will expire on March 31, 2020. Reynoso, Richards, Rodriguez, Rose, Rosenthal, Torres, Treyger, Ulrich, Vacca, Thank you for reviewing this Conflicts of Interest Board appointment. Vallone, Van Bramer, Weprin, Williams, Wills, Ignizio, and the Speaker (Council Member Mark-Viverito) – 51. Sincerely, At this point, the Public Advocate (Ms. James) declared the aforementioned item Bill de Blasio adopted and referred this item to the Committee on Land Use and to the appropriate Mayor Land Use subcommittee. cc: Richard Briffault REPORTS OF THE STANDING COMMITTEES Referred to the Committee on Rules, Privileges and Elections. Reports of the Committee on Civil Service and Labor M-19 Communication from the Mayor - Submitting the name of Fernando A. Override Report for Int. No. 1208-A (2013) Bohorquez, Jr. to the Council for its advice and consent regarding his appointment to the New York City Conflicts of Interest Board, pursuant to Report of the Committee on Civil Service and Labor in favor of approving and Section 2602 of the New York City Charter. adopting, as amended, notwithstanding the objection of the Mayor, a Local Law to amend the administrative code of the city of New York, in relation to the provision of sick time earned by employees. January 30, 2014 The Committee on Civil Service and Labor, to which the annexed amended The Honorable Melissa Mark-Viverito proposed local law was referred on December 10, 2013 (Minutes, page 5219), and Council Speaker was originally adopted by the Council on December 19, 2013 (Minutes, page 5264) City Hall but later vetoed by the Mayor on December 27, 2013 (please see M-10, January 8, New York, NY 10007 2014 Minutes, page 52), respectfully Dear Speaker Mark-Viverito: REPORTS: Pursuant to Section 2602 of the City Charter, I am very pleased to present the name of Fernando A. Bohorquez, Jr. to the City Council for advice and consent I. Introduction before his appointment to the New York City Conflicts of Interest Board. Mr. Bohorquez is a partner at the law firm BakerHostetler. He is a graduate of On January 30, 2014, the Committee on Civil Service and Labor, chaired the University of Delaware, New York Law School, and the Georgetown University by Council Member I. Daneek Miller, will conduct a hearing regarding Int. No. Law Center. 1208-A of 2013, a Local Law to amend the Administrative Code of the City of New When appointed to the Board, Mr. Bohorquez will succeed Burton Lehman and York in relation to the provision of sick time earned by employees. This will be the serve for the remainder of a six-year term that will expire on March 31, 2018. third hearing on this bill. The first hearing on the bill, which was amended after Thank you for reviewing this Conflicts of Interest Board appointment. introduction, was held on December 12, 2013. On December 17, 2013, the Committee, then chaired by Council Member Michael Nelson, voted on Int. No. Sincerely, 1208-A, resulting in four votes in the affirmative, zero in the negative and zero abstentions. The bill makes technical amendments to Local Law 46 of 2013, the Earned Sick Time Act, which was passed by the Council on May 8, 2013, vetoed Bill de Blasio by Mayor Michael Bloomberg on June 6, 2013 and overridden by the Council on Mayor June 26, 2013. On December 19, 2013, the Council adopted Intro. No. 1208-A with a vote of forty seven in the affirmative, four in the negative and zero abstentions. cc: Fernando A. Bohorquez, Jr. Int. No. 1208-A was then vetoed by Mayor Bloomberg on December 27, 2013. On January 8, 2014, the Council received the veto message. The veto asserts that the bill was vetoed for same reasons Mayor Bloomberg vetoed the Earned Sick Time Act. The former Mayor stated that it would hurt employers, create a new Referred to the Committee on Rules, Privileges and Elections. bureaucracy at the Department of Consumer Affairs, impose additional economic costs on doing business in the City and end up hurting the employees it seeks to help. This hearing will consider whether to override such veto. LAND USE CALL UPS II. Int. No. 1208-A M-20 Bill Text By Council Member Dickens: Manufacturing Exception Pursuant to Rule 11.20b of the Council and §20-226 or §20-225 of the New York City Administrative Code, the Council resolves that the action of the COUNCIL MINUTES — STATED MEETING February 4, 2014 CC3 The first two sections of the bill would amend subdivision g of section 20- 912 and subdivision a of section 20-913 of Chapter 8 to Title 20 of the Administrative Code of the City of New York (the Code).