Wednesday, December 19, 2012

LIU STATEMENT ON MTA FARE HIKES


City Comptroller John C. Liu stated the following today about the latest MTA fare hikes:

“The MTA fare hikes are unfortunate because they fall disproportionately on low-income New Yorkers, and they hurt even worse because so many are still reeling from the economic effects of the recent recession and Superstorm Sandy. New Yorkers already pay a disproportionately high price for mass transit. The MTA needs to look for more support from the City, state, and federal governments and not try to balance its books on the backs of straphangers.”

Visit www.comptroller.nyc.gov for the latest news, events and initiatives. Follow Comptroller Liu on TwitterYouTube.


BP Diaz Hails New REDC Funding for the Bronx


Borough President Diaz hails new funding by
Gov. Cuomo’s Regional Economic Development Council

Bronx Borough President Ruben Diaz Jr. praised today’s announcement of new economic development funding for the Bronx, provided through Governor Andrew Cuomo’s Regional Economic Development Councils.

Specifically, the council announced today $400,000 in new funding for the Oak Point Property to construct a warehouse, distribution and food processing facility. The project will feature locally grown and organic produce/farm products from New York State growers, a rooftop farm run by Gotham Greens, and a training facility.

“When it comes to feeding our region the Bronx is leading the way and today’s announcement shows just how important the food industry is to the economy of not just our borough, but the entire City and State. This project will not only create new jobs, it will help solidify the Bronx as the hub for this major industry, and I thank Governor Cuomo and the Regional Economic Development Councils for their continued faith in the future of the Bronx. I look forward to continuing to work with the City and the State to foster positive economic development in the Bronx,” said Bronx Borough President Ruben Diaz Jr.

"This new facility will continue to expand our access to and delivery of fresh food and other items in a green and sustainable manner,” said Marlene Cintron, President of the Bronx Overall Economic Development Corporation.

Gotham Greens is a New York City based company dedicated to growing the highest quality vegetables and culinary herbs for local restaurants and retailers. Gotham Greens’ premium quality, pesticide-free vegetables and herbs are grown in sterile rooftop greenhouses using clean, renewable energy. For more information on the company, visit gothamgreens.com.

Tuesday, December 18, 2012

SENATOR RIVERA JOINS PARENTS OF OUR LADY OF MERCY TO CALL ON ARCHDIOCESE TO GIVE SCHOOLS MORE TIME


Before Making Final Decision to Close Eight Schools Slated for Closure in the Bronx
        State Senator Gustavo Rivera will join parents of Our Lady of Mercy on Wednesday, December 19, 2012 at 2:00PM to call on the Archdiocese to give Our Lady of Mercy and other local Catholic schools that have been slated for closure until the end of the school year to give individual schools and communities time to come up with a plan to save the school. Between now and the end of the school year, the parents, alumni and community around Our Lady of Mercy wants the time to develop a fundraising plan and a way to both restructure the school and make it financial viable for the future.

WHO: Senator Gustavo Rivera and parents of Our Lady of Mercy

WHAT: Rally to Call on Archdiocese to give schools more time to come up with a plan

WHERE: Our Lady of Mercy - 2510 Marion Ave. Bronx, NY

WHEN: Wednesday, December 19, 2012 at 2:00PM

Schools Slated for Closure in the Bronx:
Our Lady of Mercy
Our Lady of Angels
Holy Spirit
St. Jerome
Blessed Sacrament
St. Anthony
St. Mary
St. Mary Star of the Sea

No Hit, No Run, and a Lot of Errors


WHAT YOU SHOULD KNOW
By Senator Rev. Rubén Díaz
32nd Senatorial District, Bronx County, New York


You should know that it was a perfect coup, well planned, well organized, and nicely orchestrated.  Those behind it should be congratulated.  They even convinced some Senators to change their minds at the last minute, even those who had already committed and had given their assurance to Senator John Sampson of their "loyalty."  Shame on them!

You should also know that the main reason Senator Jeff Klein left our Conference was Senator Mike Gianaris.  After working hard for the Conference, raising millions of dollars, and putting himself aside so former Senator Pedro Espada would be designated Deputy Minority Leader –  Jeff Klein got the cold shoulder from the conference leader. Later on, Senator Sampson also demoted Jeff Klein and gave Mike Gianaris the most prestigious position in the Conference as the head of the Democratic State Campaign Committee, humiliating Jeff Klein and his followers.  Mike Gianaris showed his appreciation by joining the coordinated team to drop Senator Sampson.

It is important for you to also know that during the past Democratic Primary, Senator Sampson went out of his way to support Senator Martin Malavé Dilan's son against the incumbent Congresswoman Nydia Velazquez.  Sampson not only gave Dilan’s son his support, but also contributed money and troops, making Congresswoman Velazquez a very angry political enemy.  Senator John Sampson went to yesterday’s meeting counting on Senator Dilan’s support.  My dear reader, you should have seen the expression on Senator Sampson’s face when he saw Senator Martin Malavé Dilan raising his hand to support Senator Andrea Stewart Cousins, and not for him.  There is a saying in Puerto Rico: “La vida te da sorpresas.” Life is full of surprises.

Now, Senator John Sampson does not stand with Senator Klein, not with Senator Gianaris, not with Senator Dilan, with no Conference Leadership position, and with many powerful enemies like Congresswoman Nydia Velazquez.  This is really a no hit, no run, and a lot of errors.

I would also like to offer my two cents of advice to our new Conference Leader Senator Andrea Stewart-Cousins.

First, you should get rid of Senator Ruth Hassell-Thompson as Chairperson of the Conference.  Senator Hassell-Thompson’s heavy-handedness, her rudeness, and her lack of respect for her colleagues while leading the Conference was one of Senator Sampson’s biggest mistake. By sitting idle and letting Senator Hassell-Thompson do as she pleased, he angered many who little by little, started to show their frustration and began to organize against Senator Sampson.

My second piece of advice to our newly-elected Leader: Always remember that you have six Hispanic Senators, and excluding me, one or two of the other five should be appointed to Leadership positions.

Thirdly, always give respect and consideration to Members in leadership positions.  It is important not only to give them a title, but it is equally important to be sure that they are part of the decision-making process.  Don't ignore them when you meet to discuss the Budget and resources.

Finally, as soon as you got elected as our new Leader, I was surprised and shocked to read an article in the Times Union quoting Senators who stated their feelings about your election and among them, there was a quote by me. Even though it was a nice quote, and even though I join the people of the State of New York in celebrating the history-making process of having the first Black woman to lead the Senate Conference, my dear Leader, no one asked me for a quote. I did not give them a quote, and if I were asked I would not have given a quote.  The reason? I was among the only six Senators to vote for Senator John Sampson.  In other words, I am part of the losing team and as such, I should not be taking credit for something that I didn’t do.  Always be sure that your press office checks with someone they intend to quote before releasing any statement.

This is Senator Rev. Rubén Díaz and this is what you should know.

 

Sampson out Stewart-Cousins In

Andrea Stewart-Cousins
John L. Sampson   
In what has been said to be a 19 - 6 vote Westchester Democratic State Senator Andrea Stewart-Cousins has replaced Brooklyn State Senator John Sampson as the Senate Democratic Conference Leader. Sampson was placed in the position of Democratic Conference Leader after the Pedro Espada- Four Amigo power grab in 2009. That was the downfall of Malcolm Smith as Democratic Conference Leader, and led to the creation of the (now five member) Independent Democratic Conference led by Smith's former Deputy Leader Senator Jeff Klein. 
In a Timesunion article an Albany newspaper  you can read more about the change in power on the Democratic side of the state senate, and what the results of the vote could be.

UPDATE :
Check the next entry by State Senator Ruben Diaz Sr. about the Timesunion article that quotes him. Diaz Sr. says that he was never asked for a quote
"The vote was 19-6, according to Bronx Sen. Ruben Diaz Sr., who said that he, Harlem Sen. Bill Perkins, Brooklyn Sen. Eric Adams, Westchester Sen. Ruth Hassell-Thompson and Washington Heights Sen. Adriano Espaillat voted for Sampson. A spokesman could not immediately confirm that tally".



**********************************************************
207705_Concert-234x60

Saturday, December 15, 2012

Tree Lighting on White Plains Road


   Not only did newly elected 80th A.D. Assemblyman Mark Gjonaj bring a Chanukah menorah to White Plains Road and Pelham Parkway, but Friday night was the lighting of the White Plains Road Pelham Parkway Christmas Tree courtesy of Mr. Mark Gjonaj for the first time. As you will see in the photos below State Senator Jeff Klein, Assemblyman Mike Benedetto, representatives of Congressman Joe Crowley and Councilman Jimmy Vacca, local community leaders, and hundreds of people came to see the work of Assemblyman Mark Gjonaj, and he is not officially in office yet. When i asked why he was doing this for the community, Assemblyman Gjonaj said " I am only happy to do this for the people of the community". Some of the photos may appear a little dark as it was night time when they were taken. 

Left - You can see both the Chunakah  menorah and Christmas tree on the corner of White Plains Road and Pelham Parkway both provided by newly elected Assemblyman Mark Gjonaj.
Right - White Plains Road BID Director Joe Thompson adds the final touches to the tree before the ceremony

Left - Children from PS 108 sing a few Christmas songs for the crowd.
Right - Assemblyman Gjonaj is between the Columbus Campus Dance, Step, & Cheerleader team. 


Left - You can see the crowd looking for Santa to arrive.
Right - The horse drawn hayride also provided by Assemblyman Gjonaj is coming down Pelham Parkway, as it looks like Santa is getting down from the drivers seat. 


Left - Santa poses for pictures by the light of the Chunakah menorah, with the White Plains Road elevated subway in the background.
Right - Assemblyman Gjonaj and Senator Klein are joined by Santa as 80th A.D. State Committeeman Joe McManus is at the mike. 

Assemblyman Gjonaj, Senator Klein, and everyone watches as the White Plains Road Christmas tree is lit.







Friday, December 14, 2012

LIU GROUNDS TAXI OF TOMORROW

 
   Comptroller Rejects Contract That Violates Civil Rights

City Comptroller John C. Liu today officially rejected the so-called Taxi of Tomorrow, writing to Mayor Bloomberg that the contract may violate the federal Americans with Disabilities Act (ADA) and increase the City’s exposure to costly lawsuits.

“City Hall’s refusal to provide wheelchair-accessible cabs to people with disabilities is inexplicable and we believe it violates the ADA," Comptroller Liu said.  “We should not go ahead with a so-called Taxi of Tomorrow that perpetuates a shamefully separate and unequal cab fleet for another decade.”

Comptroller Liu’s letter to the Mayor details his refusal to register the Taxi of Tomorrow agreement on the grounds that it may not only violate the civil rights of wheelchair users, but also puts the City at significant risk of lawsuits.

The Taxi of Tomorrow plan has been met with outrage and objections and is currently the subject of a lawsuit that seeks its demise.

“Tens of thousands of disabled New Yorkers and visitors are inconvenienced by our inaccessible taxi system,” said James Weisman, Senior Vice President and General Counsel of the United Spinal Association. “The Taxi of Tomorrow was a chance to solve this problem. Instead Taxi and Limousine Commissioner David Yassky and the Mayor have chosen to perpetuate it at great cost to taxpayers. Access-A-Ride and Medicaid transportation costs would be reduced substantially if the taxi system were accessible to wheelchair users.”

“The City’s decision to adopt a non-accessible Taxi of Tomorrow puts many New Yorkers at risk,” said Chris Noel, lead plaintiff in the lawsuit Noel, et al. v. Taxi and Limousine Commission (TLC).  “Many
disabled and elderly people were left stranded during Superstorm Sandy because most forms of transportation weren’t accessible until things were up and running again.  In an emergency, getting an accessible taxi could be a matter of life-and-death for wheelchair users. Mayor Bloomberg has missed a major opportunity by neglecting the disabled population’s taxicab needs.”

“It is unfathomable to me that the Mayor and the City of New York are trying to proceed with an inaccessible Taxi of Tomorrow program,” said Paul Tobin, LMSW, President & CEO United Spinal Association. “Discrimination in any form, against any protected class, should never be tolerated — especially by our elected officials.”

“A week after the U.S. Senate failed to ratify a U.N. treaty promoting civil rights for people with disabilities, City Hall seems determined to tell disabled New Yorkers to wait another decade to be able to hail a cab,” said Edith Prentiss, Chairperson of the Taxis for All Campaign.

“From the Ground Zero mosque to gay marriage, the Mayor has always been about freedom for all,” said Dr. James Post, a Bronx physician who uses a wheelchair and is an advocate for accessible taxis. “I don’t understand his stubborn resistance to having taxicabs accessible to all New Yorkers.  Why is he comfortable allowing New York to be second rate when it comes to equal access to transportation?”

“Comptroller Liu’s actions today should not be viewed as a rejection of the Taxi of Tomorrow,” said Assembly Member Micah Z. Kellner, “but as an opportunity for the Bloomberg Administration to start anew and ensure New York City’s iconic yellow taxis are accessible to everyone for the next decade.”

“I applaud the Comptroller’s decision to reject the proposed ‘Taxi of Tomorrow’ contract between the City and Nissan, which would require medallion owners to purchase the NV-200, an inaccessible van, for the next ten years,” said Council Member Oliver Koppell.  “As chair of the NYC Council committee with oversight on disability services and the  lead sponsor, along with 36 of my colleagues,  of legislation that would mandate an all-accessible taxi fleet, I find the Mayor’s decision to select the NV-200 completely deplorable. Not only is the inaccessible van design a slap in the face to wheelchair users, I strongly believe that it violates the Americans with Disabilities Act.  New York should be like other world class cities, such as London, which has a 100% wheelchair accessible fleet, and not treat our residents and tourists with disabilities like second-class citizens.”

“I support Comptroller Liu’s rejection of the Taxi of Tomorrow contract with Nissan,” said Council Member Jumaane Williams. “Mayor Bloomberg had an opportunity to approve of an agreement with a company that would have built 100% ADA-compliant vehicles in the borough of Brooklyn with homegrown labor. Instead, he opted for a plan that disadvantages the already disadvantaged in our city. It also fails to address the exorbitant costs we pay for Access-a-Ride and ambulette services, which could be mitigated by a fleet of wheelchair-accessible taxis. Let’s take this opportunity to go back to the drawing board and make a contract that makes sense for all New Yorkers.”

“The City has a major decision to make on a taxi of the future, and we must consider the future of all New Yorkers including those with disabilities,” said Council Member Daniel Holloran. “Further, one manufacturer has promised not only to create taxis that are accessible to disabled New Yorkers, but to manufacture them
locally, bringing jobs and new industry to the City. This is a proposal that represents the future in more ways than one.”

 “I want to applaud Comptroller John Liu for demanding that the City of New York adopt an accessible Taxi of Tomorrow,” said Council Member Gale A. Brewer. “We cannot waste this tremendous opportunity for the City to provide all New Yorkers equal access to a vital form of transportation.”

“With the new contract, we ought to harness the opportunity to ensure that all New Yorkers have access to taxis as an efficient transportation option,” said Council Member Stephen Levin. “Instead of retrofitting taxis, we should seek a model that is already wheelchair-accessible. I applaud the leadership of Comptroller Liu and my colleague, Council Member Koppell, for their efforts in making our city more accessible for New Yorker residents and visitors alike.”

“I believe it is incredibly significant that the greatest City in the World provide transportation alternatives for people with disabilities,” said Council Member Sara M. González. “There are people with disabilities who are well-educated, extremely capable, well-positioned and employed, but their productivity is diminished by the fact that they cannot readily hail a taxi to get to a last minute meeting or conference. They are often not able to work late because getting home would be a problem.  People with disabilities face unreasonable obstacles when their transportation needs are limited to pre-scheduled arrangements whether their destinations are related to employment, medical, scholastic or social concerns.  I believe therefore that there is a fiscal impact to not providing accessible taxicabs, as well as an effect on tourism, when other major cities, like London, have a 100% accessible fleet.”

“I support taxis for all, not just taxis for some,” said Council Member Daniel Dromm.  “We need a fleet that serves all New Yorkers.  Halfway measures are inadequate.  Our disabled community deserves full access.”

“The Taxi of Tomorrow presented the City with an opportunity to finally afford disabled New Yorkers with full access to our city’s yellow cabs,” said Council Member Melissa Mark-Viverito. “Unfortunately the administration instead dismissively chose a design that continues to limit these New Yorkers’ ability to hail a taxi. This is unacceptable. I thank Comptroller John Liu for holding firm and rejecting this contract. I also thank Council Member Koppell who has been a consistent and strong voice on this issue.”

The so-called Taxi of Tomorrow cannot accommodate wheelchair users unless a medallion owner opts to spend an estimated $14,000 — half the cost of the car —to install a wheelchair ramp in the trunk, leaving
room for just one additional passenger.

“It is baffling that the City continues to miss this opportunity to once again demonstrate that New York City is a leader when it comes to inclusion and the protection of individuals rights,” Comptroller Liu said.  “We must not allow New York’s yellow taxi fleet to become a symbol of exclusion that tramples the rights of wheelchair users.”

BACKGROUND:
In 2009, Mayor Bloomberg recommended that the Taxi of Tomorrow “provide universal accessibility for all passengers, including passengers in wheelchairs.” The recommendation was made in a City Hall report, “Age Friendly NYC: Enhancing Our City’s Livability for Older New Yorkers.” The full report can be downloaded here: http://www.nyc.gov/html/om/pdf/2009/pr386-09_report.pdf

In May 2012, Comptroller Liu requested Mayor Bloomberg and the TLC amend the proposed Taxi of Tomorrow design to require it be wheelchair accessible cabs before sending any agreement for registration.
Comptroller Liu’s May 2, 2012 letter to the Mayor is here:
http://www.comptroller.nyc.gov/press/2012_releases/pr12-05-047.shtm

On Nov. 16, 2012, the TLC sent the Taxi of Tomorrow agreement to Comptroller Liu for registration. Comptroller Liu had 30 days to register or reject the agreement.

______________________


TEXT OF COMPTROLLER LIU’S LETTER TO MAYOR BLOOMBERG:

December 14, 2012

Honorable Michael Bloomberg
Office of the Mayor
City Hall
New York, NY 10007

RE:      Nissan Taxi Marketing, N.A., LLC
            Contract Number: 20135400961

Dear Mayor Bloomberg:

On November 16, 2012, the Department of Citywide Administrative Services submitted to the Office of the Comptroller for registration a contract for Nissan Taxi Marketing, N.A., LLC (“NTMNA”) to serve as the mandatory source for all new vehicles, the so-called “Taxi of Tomorrow,” for the New York City taxi fleet. Following a thorough review by the Office of the Comptroller, I am rejecting this contract, because it ignores the civil rights of those New Yorkers who use wheelchairs by failing to require a wheelchair accessible vehicle. This failure is inexcusable and an affront not only to the disabled community, but to all New Yorkers who believe in fairness.  Moreover, given pending lawsuits that directly and indirectly challenge this contract, it is clear to me that its implementation raises significant risk to the City.

First, a newly-filed lawsuit, Committee for Taxi Safety v. City of New York, Index No. 104315/2012 (Sup. Ct. NY Co., Nov. 29, 2012), raises serious legal concerns that the contract award by the Taxi and Limousine Commission (the “TLC”) to NTMNA for the model NV200 taxi was arbitrary and capricious in light of: (1) an outmoded vehicle design; (2) unsuitability for City road conditions a sole source for parts and replacement vehicles.

Second, in the aftermath of Superstorm Sandy, mandating a taxi that is not wheelchair accessible raises a grave risk that people who use wheelchairs will not be able to evacuate safely. Indeed, the U.S. District Court in Manhattan recently set for trial a class action lawsuit alleging that the City’s disaster planning unlawfully fails to provide adequately for persons with disabilities, in part because of the lack of wheelchair accessible taxis.  Brooklyn Center for Independence of the Disabled v. Bloomberg, 11 Civ. 6690 (S.D.N.Y. Nov. 7, 2012).  The TLC’s non-accessible Taxi of Tomorrow only worsens the serious storm risks faced by people with impaired mobility.

Finally, serious concerns remain that the Taxi of Tomorrow violates the Americans with Disabilities Act (the “ADA”) and the related regulations of the U.S. Department of Transportation.  The ADA and those regulations require that when a public entity controls private taxis as pervasively as if they were the public entity’s program, the taxis used must be wheelchair accessible.  Here, the TLC has put into effect a strict program requiring that all taxi owners must purchase only one specific vehicle that, as built, is not wheelchair
accessible.  At best, a clumsy optional retrofit of the Taxi of Tomorrow  results in a potentially dangerous condition, whereby a person in a wheelchair must enter into the rear of an idling taxi in the road, rather than from the side of the taxi at or near the curb. The City has mandated a taxi that the disabled cannot use, and the owners would not choose.

The United States Court of Appeals for the Second Circuit, while ruling in June 2012 that the City’s existing taxi fleet rules did not violate the ADA, noted that the TLC could violate the ADA if it were to mandate a taxi that was not accessible:

Plaintiffs suggest that the Taxi–for–Tomorrow Initiative violates Title II (A) by effectively preventing medallion owners from using an accessible vehicle. . . The current model of the NV200 is not accessible, but the model that would serve as the standard taxi is still being developed. . . We decline to decide now issues that might arise in the future as the project goes forward.  Noel v. New York City Taxi and Limousine Commission, 687 F.3d 63, 72 n. 7 (2nd Cir. 2012).

That has now happened: The TLC has ordered New York City taxi drivers to buy a taxi that is not wheelchair accessible, and cannot be easily adapted to provide safe and dignified wheelchair access.

In short, by mandating a “Taxi of Tomorrow” that is not wheelchair accessible, the City has disregarded the civil rights of the disabled community and put City residents at unnecessary risk, and so I reject this improper contract.

Sincerely,

John C. Liu


Upoming Events - Council Member Ydanis Rodriguez


P.S. 2013: Shaping the Education Agenda for our Next Mayor
Wednesday December 19th, 8:30pm
P.S. 132 Juan Pablo Duarte (182nd and Wadsworth ave.)

In 2013, New York City will elect a new mayor for the first time in 12 years. In the past decade, massive reforms have transformed NYC schools, but without the gains in student achievement that communities want. We know what works and what is not working. 2013 is the first chance in 12 years to take NYC public schools in a new direction. 

  
----
  
Museo Del Barrio's 36th Annual Three Kings Day Parade
Friday, January 4th, 2013 9:30am
1230 5th Avenue (104th St.)

Take part in the Three Kings Day festivities with el Museo Del Barrio as we march through the streets of El Barrio. A great way to get involved and interact with the community!

----
  
The Inauguration of Assembly Member Gabriela Rosa 
Sunday, January 6th, 2013 3:00 pm
P.S. 48 4360 Broadway (bet. 186th & 187th st.)

Come out and support our newly elected Assembly Woman, Gabriela Rosa at her swearing-in ceremony. Gabriela will represent the 72nd Assembly Election District in Washington Heights and Inwood. She is a progressive fighter for social justice, quality education and affordable housing.

For more information email: Gabriela4Assembly@gmail.com