Monday, June 29, 2020

City of New York and New York Power Authority Seek Developers to Install Rooftop Solar Arrays at Dozens of New York City Schools, Manhattan Wastewater Treatment Plant




NYC Department of Citywide Administrative Services to Generate Up to 16 Megawatts of Solar Power, Including Energy Storage, Helping Accelerate New York City and State Clean Energy Goals

NYC Department of Citywide Administrative Services (DCAS) Commissioner Lisette Camilo and the New York Power Authority (NYPA) today announced the planned installation of up to 16 megawatts of solar energy on the rooftops of 46 New York City public schools and several New York City Department of Environmental Protection (DEP) sites, including its Wards Island Wastewater Resource Recovery Facility.

“The climate crisis is real and it's urgent, that is why the City of New York is taking bold steps to generate solar power on city buildings, including some public schools,” said Lisette Camilo, Commissioner of the NYC Department of Citywide Administrative Services. “Solar installations on the roofs of schools and other city facilities is a common-sense way to generate green energy and reduce dependence on fossil fuels.”

“With this significant solar project, all at New York City-owned facilities, we will, together, boost the renewable resources in the city’s energy supply and move the city and our state closer to accomplishing the ambitious clean energy goals we have set for ourselves,” said Gil C. Quiniones, NYPA president and CEO. “Integrating solar systems into community facilities throughout the five boroughs and turning underutilized spaces into green opportunities is a smart way to practice sustainability and push forward our long-term commitment to help build a cleaner, greener energy system for all New Yorkers.”

The City of New York sought NYPA’s assistance with the installation of approximately 16 megawatts of power generated by solar installations on rooftops of some of its facilities. The city enlisted NYPA’s support on this initiative to help achieve Mayor Bill de Blasio’s goal of installing 100 MW of solar power on public buildings by 2025 and reducing citywide emissions 80 percent by 2050. The initiative will also help achieve Governor Andrew M. Cuomo’s statewide goal of having 70 percent of New York’s electricity come from renewable sources by 2030.

NYPA is asking developers to submit proposals to design, construct, and own solar PV systems at 50 city-owned sites. NYPA will select the developers, manage the project, and arrange 20-year power purchase agreements for DCAS and DEP to buy the electricity output from each of the projects at competitive prices. The due date for responding to the request for proposals (RFP) is August 7, 2020. 

The solar systems, which have the option of including energy storage, are planned to be constructed on 46 schools run by the NYC Department of Education and account for approximately 11 megawatts of new power generation. Several sites managed by DEP, including the Wards Island plant along the East River in upper Manhattan, will account for the additional five megawatts. 

At Wards Island, a combination of ground mounted, carport, rooftop, and elevated canopy solar PV systems will be installed throughout the eight-facility complex, totaling up to 4,843kWDC of solar PV capacity. Power generated will serve the loads of the plant and a potential battery energy storage system which could reduce demand charges. 

As part of the overall project, more than one megawatt of solar arrays will also be installed at the Catskill/Delaware ultraviolet light disinfection facility in Valhalla and at wastewater resource recovery facilities in Pine Hill and Margaretville. 

The project will incorporate a new power source into the school district's infrastructure and allow the city to purchase power generated on-site instead of purchasing power from a utility, which may or may not be from a renewable source. In total, the project is estimated to offset more than 4,500 metric tons of CO2 equivalent each year, which is equivalent to removing more than 950 cars from the road for one year.
 
The solar systems will accelerate progress under the state’s Climate Leadership and Community Protection Act (CLCPA), the most ambitious emissions-reduction legislation in the nation, which calls for 6,000 megawatts of distributed solar by 2025 and 3,000 megawatts of energy storage by 2030 and also support the state mandate for a 100 percent carbon-free electricity sector by 2040.

The city and the Power Authority conducted site assessments to identify the most feasible and appropriate locations to install solar PV systems to help the city achieve its renewable energy goals. Selected locations also support the city’s efforts to advance environmental justice as many of the sites are in areas with poorer air quality and lower median incomes. The project sites are anticipated to be interconnected behind the meter to buildings’ electrical systems. 

Development work on the projects is anticipated to commence later this year when a developer(s) is selected. Operation of the systems is expected to come online throughout 2021 and 2022.  

NYPA has completed several solar projects at public school districts through a joint program with the New York State Energy Research and Development Authority (NYSERDA). Arrays were constructed for the Somers Middle School and Tarrytown school district, both in Westchester County, Hudson Schools in Columbia County, and the New York Institute in the Bronx.

Department of City Planning (DCP) Director Marisa Lago on Mayor Bill de Blasio’s Executive Order suspending zoning regulations that govern (POPS) and (WPAAs):


“This Executive Order means that hundreds of gracious open spaces that dot our busy commercial districts and our waterfront are now available to help New Yorkers physically distance as we get back to work. The order also means that our local eating, drinking and retail establishments can temporarily expand into these spaces – all of which were created for the public’s enjoyment by our zoning rules,” Director Lago said.
Provisions for the Mayor’s Executive Order on Privately Owned Public Spaces – or POPS:
POPS are public spaces that are owned and maintained by private property owners pursuant to various zoning regulations. First introduced in the 1960s, the nearly 600 POPS that exist today provide opportunities to sit, relax, people watch, eat, meet others – in other words, to partake in and enjoy urban life. Coming in all shapes and sizes, these spaces are aimed at ensuring that the busiest areas of New York City offer indoor and outdoor atriums, plazas and walkways to the public.
Temporary uses that will be allowed within POPS via the Mayor’s Executive Order include dining areas, health screening stations, bikeshare docks, kiosks, retail stands and space for New Yorkers to line up safely to enter adjacent buildings.
An interactive map of all POPS is available here.
In order to add any of the temporary uses outlined by the Executive Order, POPS owners must submit a description and site plan that details their changes to POPSCOVID_DL@planning.nyc.gov.
Outdoor and open-air POPS must remain open to the public during their approved hours of access. While indoor POPS can be closed, access to subway stations, through-block connections and sole connection to a lawfully operating business must be maintained. Outdoor POPS will be able to separate or close off some seating to promote distancing.
Once the Executive Order is lifted, all uses that it temporarily allowed must be removed from the POPS.
Provisions for the Mayor’s Executive Order on Waterfront Public Access Areas – or WPAAs:
WPAAs offer public open space where New Yorkers can connect with and enjoy their shoreline. First introduced through the 1993 waterfront zoning text, these publicly accessible spaces are required by zoning for waterfront sites. The public areas must be improved with landscaping and trees, seating and other amenities. WPAAs can also include walkways, green spaces or other improved spaces for public use.
Temporary uses that will be allowed within the City’s nearly 40 WPAAs via the Mayor’s Executive Order include outdoor dining areas, retail stands and shade structures.
An interactive map of WPAAs is available here.
In order to add any of the temporary uses outlined by the Executive Order, business owners using WPAAs should send a basic site plan and description of the proposed changes to WPAA@planning.nyc.gov.
Once the Executive Order is lifted, all uses and modifications that it temporarily allowed must be removed from WPAAs.
Department of City Planning
The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.
In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space.

MAYOR DE BLASIO AND BOARD OF CORRECTION CHAIR JENNIFER JONES AUSTIN ANNOUNCE WORKING GROUP TO END PUNITIVE SEGREGATION


Department of Correction and Correctional Health Services implement new medical restrictions to preclude certain individuals from punitive segregation 

  Today Mayor Bill de Blasio and Board of Correction Chair Jennifer Jones Austin announced the formation of a working group to eliminate punitive segregation in the New York City jail system. The working group’s recommendations will be incorporated into the Board's broader rule package on restrictive housing and voted on in the fall. The Department of Correction and Correctional Health Services will also, effective immediately, implement new restrictions that will preclude individuals with certain medical conditions from restrictive housing. 

"From closing Rikers Island to banning punitive segregation for people under the age of 22, we have reoriented our correction system to value human life and rehabilitation,” said Mayor Bill de Blasio. "Now with Jennifer at the helm of the Board and Stanley leading the working group, we will chart the course forward with the Board to ban punitive segregation altogether, making good on our commitment to creating jails that are fundamentally smaller, safer, and fairer."

Effective immediately, the Department of Correction will also exclude individuals with several key medical conditions from being placed into any form of restrictive housing while in custody. Conditions include individuals who are diabetic, individuals on asthma medication, on antiepileptic medications for seizures, on blood thinners, or have any history of organ transplant. Individuals who have a diagnosis of heart disease, lung disease, or kidney disease will also be exempt. A full list is available here.

The working group to end punitive segregation will be led by Board Vice-Chair Stanley Richards and include Department of Correction Commissioner Cynthia Brann and Just Leadership USA President and CEO DeAnna Hoskins. We have reached out to Benny Boscio, President of the Corrections Officer Benevolent Association, to invite him to join the working group as a key partner in this work, which will prioritize safety for both officers and detained persons. Guided by the principles of safety, support and accountability, they will work over the coming three months to produce recommendations to be presented for inclusion in the proposed restrictive housing rule.

“Punitive segregation has been proven over and over to be an inhumane practice resulting in debilitating trauma that endures, often for the remainder of a person’s lifetime”, said Board of Correction Chair Jennifer Jones Austin.  “City plans to overhaul our jail system, inclusive of reducing incarceration, closing Rikers Island, and locating detention centers in four boroughs must also incorporate the ending of solitary confinement and developing alternative means of accountability with a focus on safety for both staff and detained persons, mental health, effective and robust programming and education, and investment in training and the well-being of employees.”

"As an African American man, who spent time in jail and prison including solitary confinement, I know firsthand the harm extreme isolation can cause,” said Stanley Richards, Board of Correction Vice Chair. “The ‘Black Lives Matter’ movement of this time calls for the Board of Correction, City of New York and Department of Correction to act with urgency to stop the harm of solitary confinement. I am pleased to work with Commissioner Brann and DeAnna Hoskins to meet this moment of importance with action to end solitary confinement."

 “New York City is a national leader in correction reform and we are proud of the progress we’ve made towards safely and humanely housing people in custody. We have done more to limit the use of punitive segregation than almost any jail system in America, including eliminating it entirely for anyone under 22, as well as for seriously mentally ill individuals,” said New York City Department of Correction Commissioner Cynthia Brann. “We have worked tirelessly under this administration to create a correctional system that is safer, more humane and fair while fundamentally reforming and significantly reducing the need for punitive segregation, and look forward to joining our working group partners as we continue to develop safe alternatives to its use.”

Acting U.S. Attorney Announces Extradition Of Belgian Man Charged In $8 Million Aircraft Part Fraud Scheme


  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that STEFAN GILLIER, a/k/a “Stephan Gillier,” a/k/a “Stefan R.R. Gillier,” a/k/a “Roland Gillier,” a/k/a “Roland Van Gorp,” a Belgian citizen, was extradited today from Italy to the United States.  GILLIER was arrested on May 26, 2019, for engaging in a scheme in which he and a co-conspirator fraudulently obtained millions of dollars’ worth of aircraft parts through two aircraft part dealerships that they operated, RTF International, Inc. (“RTF”), and UN Air Service, Inc. (“UAS”).  GILLIER is expected be presented this afternoon in Manhattan federal court before Chief U.S. Magistrate Judge Gabriel W. Gorenstein.  GILLIER’s case is assigned to U.S. District Judge Richard M. Berman.

Acting U.S. Attorney Audrey Strauss said:  “As alleged, from 2004 until 2010, Stefan Gillier conspired to defraud manufacturers and distributors of aircraft parts out of millions of dollars’ worth of aircraft parts.  Gillier and his co-conspirator allegedly effectuated the scheme through fraudulent companies, phony references, stop orders on checks after they had received valuable parts, lucrative resales, and transferring criminal proceeds from corporate bank accounts to personal bank accounts once a victim company got wise to the fraud.  Thanks to our partner agencies here and abroad, Gillier now faces justice in an American court.”
According to the allegations in the Complaint and in the Indictment unsealed today:[1]
GILLIER and his co-conspirator (“CC-1”) were co-presidents of RTF, a Delaware corporation that was registered to do business in New York, which dealt in aircraft parts.[2]  GILLIER ran the day-to-day business activities of RTF and was a signatory on RTF’s bank accounts.  RTF began obtaining aircraft parts from Honeywell International, Inc. (“Honeywell”), in June 2004.  Starting in 2005, RTF began increasing the number of parts it ordered from Honeywell, paying for them by check.  RTF paid with checks written for amounts well above the cost of the parts, which created an apparent credit balance in RTF’s favor.  RTF wrote approximately $16.6 million worth of checks to Honeywell, but stopped payment on approximately $15.8 million worth of them.  As a result, RTF was able to obtain approximately $8 million worth of aircraft parts without paying for them, and RTF turned a profit when reselling those fraudulently obtained parts to customers for less than the price that Honeywell had charged RTF.
To execute the scheme, GILLIER signed checks to Honeywell on behalf of RTF, but repeatedly caused stop payment orders to be placed after Honeywell shipped the parts to RTF.  When questioned by Honeywell’s employees about these stop payment orders, GILLIER, using an alias, falsely represented that the stop payment orders were the result of a misunderstanding with the bank and that he would check with RTF’s finance department.  In fact, as GILLIER knew, he had issued the stop payment orders, and RTF did not have a finance department.  In June 2006, when Honeywell began seeking civil relief against RTF, GILLIER caused various large transfers of fraud proceeds into other bank accounts – accounts that, by way of example, belonged either to GILLIER, his relative, or CC-1’s relatives.
After Honeywell discovered that it was being victimized by RTF, GILLIER and CC-1 continued their fraud scheme through a new corporate entity, UAS.  (Despite its name, “UN Air Service, Inc.” had no relation to the United Nations.)  CC-1 was the president and owner of UAS, a Delaware corporation that dealt in aircraft parts, which CC-1 ran out of an apartment in Manhattan.  GILLIER helped CC-1 obtain the Manhattan apartment that was used to continue the fraud scheme by providing a reference for CC-1 (using an alias) and by paying CC-1’s initial rental fees.  In 2006, UAS began obtaining aircraft parts from Pratt & Whitney Component Solutions, Inc. (“Pratt & Whitney”).  Like RTF, UAS began stopping payment on checks it had written to Pratt & Whitney for the aircraft parts; like RTF, UAS sold those aircraft parts to third parties for less than the price that Pratt & Whitney had charged UAS.
GILLIER, 47, a citizen of Belgium, is charged with eight counts: (1) one count of conspiracy to commit mail fraud, wire fraud, interstate transportation of stolen property, and money laundering, which carries a maximum potential penalty of five years in prison; (2) one count of mail fraud, which carries a maximum potential penalty of 20 years in prison; (3) one count of wire fraud, which carries a maximum potential penalty of 20 years in prison; (4) one count of interstate transportation of stolen property, which carries a maximum potential penalty of 10 years in prison; and (5) and four counts of money laundering, each of which carries a maximum potential penalty of 10 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the outstanding investigative work of Homeland Security Investigations and the U.S. Department of Defense, Defense Criminal Investigative Service.  She also thanked the Federal Bureau of Investigation, the U.S. Marshals Service, the U.S. Department of Commerce, law enforcement and prosecutorial authorities in Italy, including the Italian Ministry of Justice and Interpol Rome, Honeywell, and Pratt & Whitney for their assistance in this case.  The U.S. Department of Justice’s Office of International Affairs of the Department’s Criminal Division provided significant assistance in securing the defendant’s extradition from Italy.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and Indictment, and the descriptions of them set forth below, constitute only allegations, and every fact described should be treated as an allegation.  The defendant is presumed innocent unless and until proven guilty.
[2] CC-1 died in March 2010, a few weeks after being arrested in this case and released on bail.

Governor Cuomo Announces Lowest COVID-19 Deaths and Hospitalizations in New York Since the Pandemic Began CORONAVIRUSHEALTHPUBLIC SAFETY


0.99% of Yesterday's COVID-19 Tests were Positive

5 COVID-19 Deaths in New York State Yesterday - Lowest Single Day Death Number Since March 15th

Hospitalizations Continue to Drop - Now below 900

Confirms 616 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 392,539; New Cases in 43 Counties

Governor Andrew M. Cuomo today announced New York State's lowest death toll and hospitalizations due to COVID-19 since the pandemic began. Yesterday, there were five deaths and 869 hospitalizations in New York State. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"As states across the country struggle with new outbreaks related to reopening, New York's numbers continue to go down to record lows," Governor Cuomo said.  "Our progress is a direct result of New Yorkers' discipline and hard work and an incremental, data-driven reopening. Yesterday, as our hospitalizations dropped below 900, New York had its lowest single-day death toll since March 15th.  While today's numbers are very encouraging, New Yorkers must remain vigilant or the numbers will shoot right back up.  Be smart, wear a mask, stay New York Tough!"

Today's data is summarized briefly below:

  • Patient Hospitalization - 869 (-39)
  • Patients Newly Admitted - 54 (-24)
  • Hospital Counties - 30
  • Number ICU - 229 (-1)
  • Number ICU that are intubated - 145 (+1)
  • Total Discharges - 70,369 (+133)
  • Deaths - 5
  • Total Deaths - 24,835

Mayor De Blasio - EMERGENCY EXECUTIVE ORDER NO. 128


EMERGENCY EXECUTIVE ORDER NO. 128

June 27, 2020

WHEREAS, on March 7, 2020, New York State Governor Andrew Cuomo declared a State disaster emergency for the entire State of New York to address the threat that COVID-19 poses to the health and welfare of New York residents and visitors; and

WHEREAS, Emergency Executive Order No. 98, issued March 12, 2020 and extended most recently by Emergency Executive Order No. 123, issued June 7, 2020, contains a declaration of a state of emergency in the City of New York due to the threat posed by COVID-19 to the health and welfare of City residents, and such declaration remains in effect; and  

WHEREAS, this Order is given because of the propensity of the virus to spread person-toperson and also because the actions taken to prevent such spread have led to property loss and damage; and 
WHEREAS, measures taken to combat the spread of COVID-19 may prevent individuals, businesses and other entities from meeting legally imposed deadlines for the filing of certain documents or for the completion of other required actions; and 

WHEREAS, this Order is given in order to ensure that the Governor's orders are enforced; 

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State ofNew York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby direct that sections 1, 2, 3, 4, 5, and 6 of Emergency Executive Order No. 127, dated June 22, 2020, are extended for five (5) days, except as described herein. 

§ 2. In order to promote the safe and efficient use of privately owned public space, including any publicly accessible open area, pedestrian circulation space, waterfront public  access area or other privately owned space required by law to be open to the public, and to assist eating and drinking establishments, retail establishments, and commercial buildings to rebound and reopen while encouraging social distancing, I hereby suspend the following provisions of the New York City Zoning Resolution ("ZR"), and any additional provisions of the ZR that reference the provisions set forth herein, to the extent necessary to allow the use of any such privately owned public space in accordance with protocols of the Department of City Planning, provided that any such use shall be in compliance with such protocols:

a) ZR Sections 37-53, 37-623, 37-624, 37-721, 37-726, 37-727, 37-73, 37-741, 37- 80, 37-81, 62-513, 62-611, 62-62, 81-45, 81-681, 82-11, 91-82, 91-821, 91-822, 91-834, 93-731, 94-072, 98-53, 117-554, 124-42, 133-32, 136-324, E 27-121, E 27-321, E 27-50, E 37-04(f), E 37-04(g), and E 37-04(i), to the extent such sections restrict or limit obstructions or permitted obstructions, impose requirements for open air or outdoor cafes, restrict closure of a privately owned public space, impose seating requirements, including in indoor public spaces and enclosed publicly accessible spaces, or impose circulation path requirements; 
b) ZR Sections 37-752 and E 37-04(p), relating to signage requirements; 
c) ZR Sections 37-748, E 27-14, E 27-226, and E 27-34, relating to amenities; 
d) ZR Sections 37-746 and E 27-124, relating to drinking fountains; 
e) ZR Sections 37-625 and 62-12, to the extent such sections require a certification from the Chair of the City Planning Commission for design changes; 
f) ZR Section 3 7-745, relating to bicycle parking; 
g) ZR Section 37-78, relating to compliance, including any requirement for a certification from the Chair of the City Planning Commission for design changes; 
h) ZR Section 62-51, relating to the applicability of visual corridor requirements; 
i) ZR Section 62-52, relating to the applicability of waterfront public access area requirements; 
j) ZR Sections 74-72, 74-74, 74-761, 74-82, 74-87, 74-91, 74-931, and 74-95, to the extent necessary to allow for the modification of any special permit consistent with protocols issued by the Department of City Planning.

§ 3. I further suspend any provision or condition of any authorization or certification issued by the City Planning Commission, or the Chair of the City Planning Commission, that restricts or limits the use of any privately owned public space, to the extent necessary to allow the use of any such privately owned public space in accordance with protocols of the Department of City Planning, provided that any such use shall be in compliance with such protocols

§ 4. I hereby amend Emergency Executive Order No. 126 as follows: 
a. Section 2(t) of such Order is amended to read as follows: Admin. Code, Title 28, Chapter 7, Section BC 3101.1, relating to special building construction, Section 3111, relating to the construction of sidewalk cafes, and Section 3202.4. l, relating to the construction of enclosures for sidewalk cafes, provided, however that section BC 3111 .4, relating to prohibited obstructions, and Section 3111.6, relating to accessibility, are not suspended;

b. Section 4(b) of such Order is amended to read as follows: ZR Sections 32-41 and 42-41, to the extent such sections require eating and drinking establishment uses in certain Commercial Districts or Manufacturing Districts to be located within completely enclosed buildings.

§ 5. I hereby suspend 34 RCNY 4-08(a)(l), beginning June 29, 2020, to the extent that street cleaning parking rules (also known as alternate side parking or ASP) in residential areas be limited to one day a week. Until further notice from the Department of Transportation, streets where alternate side parking is restricted on multiple days by a sign with the letter "P" with a broom through it will be cleaned, and such parking restrictions will only be in effect, on the last day of the week posted on such signs. However, parking restrictions for street sweeping on consecutive days (daily street sweepings) in metered parking spots will be enforced in accordance with the restrictions posted on the authorized signs for that street.

§ 6. This Order incorporates any and all relevant provisions of Governor Executive Order No. 202 and subsequent orders issued by the Governor of New York State to address the State of Emergency declared in that Order pursuant to his powers under section 29-a of the Executive Law§ 6. This Order incorporates any and all relevant provisions of Governor Executive Order No. 202 and subsequent orders issued by the Governor of New York State to address the State of Emergency declared in that Order pursuant to his powers under section 29-a of the Executive Law

§ 7. I hereby direct the Fire Department of the City of New York, the New York City Police Department, the Department of Buildings, the Sheriff, and other agencies as needed to immediately enforce the directives set forth in this Order in accordance with their lawful enforcement authorities, including but not limited to Administrative Code sections l 5-227(a), 28- 105.10.1, and 28-201.1, and section 107.6 of the New York City Fire Code. Violations of the directives set forth in this Order may be issued as if they were violations under the New York City Health Code, title 24 Rules of the City ofNew York sections 3.07 and 3.11, and may be enforced as such by the Department of Health and Mental Hygiene or any other agency named in this section. 

§ 8. This Emergency Executive Order shall take effect immediately, and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date. 

Bill de Blasio, MAYOR 


Comptroller Stringer Calls on City to Provide Data on Remote Learning and a Detailed Roadmap to Reopen Schools


Stringer: “Make no mistake: if the City does not create a viable path forward for schools, those who suffer the most will be our most vulnerable children – lower-income students of color whose trajectories are most closely tied to the success or failure of the DOE’s promise to deliver a high-quality education to every child.”

  New York City Comptroller Scott M. Stringer sent a letter to Mayor Bill de Blasio and Department of Education (DOE) Chancellor Richard Carranza calling for concrete answers on the successes and failures of remote learning, the future of remote instruction, and a comprehensive reopening plan for schools ahead of the start of the next school year. With just 76 days until the first day of school, Comptroller Stringer outlined a broad range of unanswered questions that spotlight the urgency of communicating with parents about what school will look like in the fall, and how the City will ensure that every child receives a quality education. Comptroller Stringer noted that the DOE has yet to provide parents, students, and teachers with clear information on class structures for next year nor release a transparent assessment of remote learning during the last school year. The Comptroller’s letter highlighted the deep disparities in the quality and quantity of remote instruction across schools since March and the need for the City to provide concrete data and a comprehensive strategy to improve remote learning across the entire system going forward.
Comptroller Stringer also requested details from the City on any plans to:
  • Create staggered schedules, which would allow for social distancing by limiting the number of students who attend school each day while keeping others at home learning remotely. The DOE is actively exploring different scenarios but has made no final decisions on how schedules will be structured.
  • Offer support and professional development to teachers, especially to help strengthen remote learning strategies.
  • Address the digital divide through partnerships with internet service providers, which have provided free internet service through this school year to families in need but have yet to commit to extending such service through the summer and fall.
  • Provide principals with information about their school-based budgets, so that they can plan appropriately for the coming year. That information is normally provided to principals in May but to date has not been released by the DOE.
The full text of the letter can be found below and here.
Dear Mayor de Blasio and Chancellor Carranza:
As this unprecedented school year comes to a close, it’s hard not to feel both humbled and amazed by our city schools – by the extraordinary dedication of so many school employees, more than 70 of whom have tragically fallen to COVID-19 since March; by the parents, who overnight learned to become teachers and take on all the challenges of remote learning; and by the students, young and old, who had to adapt to a world turned upside down by the global pandemic. The perseverance of all involved has been nothing short of extraordinary. I saw this not just as a public official, but as a proud public school parent of two boys. That said, it is important also in this moment to take stock – of what has worked, and what has not – and to set a course for the future that is clear and fully informed by the lessons we have now learned. It is in that spirit that I write today to share my thoughts, and to seek both data and information from your office to help inform the complicated road ahead.
The urgency of the moment cannot be understated. There are just 76 days between now and the Thursday after Labor Day, when city school doors would traditionally open to students. And yet parents have no more information today about what schools will look like in the fall than they did last March, when schools closed. Of course, it is vital that the U.S. Senate step up and pass the HEROES Act, which would provide more than $90 billion for the nation’s schools. But federal inaction should not be an excuse for the DOE to stand still. As home to the nation’s largest school system, New York City should be setting an example for the rest of the nation by envisioning how schools might effectively open in the fall. We should be gathering the best minds from across the nation to think creatively about how to assure the safety of every student and staff member, how to strengthen remote learning, how to maximize our existing school spaces, and how to leverage every resource to help students make up academic ground they may have lost in the last three months. Instead, students and teachers alike have been left to wait, and hope, that details will soon be forthcoming.
Make no mistake: if the City does not create a viable path forward for schools, those who suffer the most will be our most vulnerable children – lower-income students of color whose trajectories are most closely tied to the success or failure of the DOE’s promise to deliver a high-quality education to every child. While well-off families may be able to supplement learning gaps with private resources, many communities will not have access to that kind of safety net. That’s why it is so important that every avenue be pursued to create school communities that are as robust and close to “normal” as possible, without sacrificing public health.
And yet to date there has been little official information as to what the city’s plans may be. All that has been acknowledged so far is that – to maintain social distancing – some kind of “blended” model of learning will be necessary in the fall, requiring students to split their time between hands-on learning in school, and remote learning from home. But within that basic framework are many gaping questions that the DOE has failed to answer in any meaningful way. Parents, for instance, have no idea what days their children will be at school and what days they will be home, much less what the school-day hours will be. Teachers have yet to be told what their class structures will look like, or when they should report to work. Principals don’t even know what their school budgets will be, even though that information is usually provided to school heads by May. While I can appreciate the complexities involved in making many of these decisions, there is no good reason why planning and preparation for the fall – as well as communication with parents and staff — is not more advanced.
I am also dismayed by the lack of concrete data that has been shared by the DOE around remote learning, which has been the only means of instruction for our entire school system in recent months, and which will remain a critical part of every school day in the city this fall. What seems obvious is that in the absence of citywide standards for remote learning, there have been deep disparities in the quality and quantity of remote, synchronous instruction across schools. Meanwhile, families that have been guiding their children in remote learning for months have grown frustrated, uncertain how to help as their children disengage, or even regress academically. For many, remote learning has been a true struggle, making it that much more urgent that the DOE assure families that no matter what form remote instruction takes in the coming school year, it will be improved in meaningful ways, with more direct support provided to families. At the same time, the DOE must establish clear, transparent, system-wide benchmarks for measuring academic progress at all schools. For example, all schools should have systems available to help identify students who are chronically absent, struggling academically or social-emotionally, or disengaging from learning, and target interventions to help them progress. For such tools to be effective, schools need access to actionable data.
To help inform ways to improve remote instruction, and to give parents the clarity they need to plan for the fall, and pursuant to my office’s authority under Chapter 5 of the City Charter, I hereby request the following information be provided by close of business on Friday, July 3, 2020:
Data on remote learning: To better understand how remote learning has played out across the City since last March and where improvements could be made, please provide the following information:
1. School-level interaction data, as recorded in STARS, representing the percentage of students who engaged with content on a daily basis;
2. School-level data, disaggregated by grade level and week, showing total unique student log-ins on remote learning platforms;
3. Data to describe school outreach in which contact was made with a student or that student’s parent or caregiver.
4. Details on DOE’s plan for establishing citywide standards for remote learning for attendance, synchronous instruction, and grading of student work. Specifically, as the City has recently agreed to require an hour and fifteen minutes of synchronous instruction during summer school, will such a requirement be in place for all schools in the fall?
5. Of all the students who requested a device to access the internet from DOE’s Central office, how many were successfully provided and how many students are still waiting to receive one?
6. What additional needs for internet-enabled devices do you anticipate having for the fall to support remote learning?
Plans for staggered schedules and blended learning: To maintain social distancing, it is clear that the DOE will be implementing some kind of staggered schedule for the fall, but parents have been given no clear guidance to date on what that will look like. For parents – especially those who work on an hourly basis and depend upon predictable schedules to make a living – this is vital information.
Many educators believe that double sessions each day – with half of all students going to school from 8 a.m. to noon, and the other half going from 1 p.m. to 5 p.m., with an hour in between for cleaning – would be preferable, as it keeps every child connected to school for at least some portion of the day and makes remote work more of a supplement, not the primary mode of learning for long stretches, and provides parents with some child-free hours every day. Others have advocated for sending children to school on alternate days, or even alternate weeks.
7. Please describe how schedules will be staggered in the fall. If no plans are currently available, please describe the options under consideration.
8. Will there be a single, citywide schedule for all schools, or will flexibility be granted to schools to devise their own schedules?
9. Will schedules, or the mix of remote/on-site instruction, be different for children of different age groups, i.e. in elementary, middle and high schools?
10. Will there be limits to class sizes, given the federal guidelines around social distancing for children, and if so what are they?
11. How does the DOE plan to staff classrooms in light of the expectation that up to 20 percent of teachers are considered high risk due to their age and cannot be required to attend school in person?
12. If requested, will parents who want to keep their children home be permitted to rely solely on remote learning to fulfill all educational requirements?
Professional development for teachers: Remote instruction is challenging. As it increasingly becomes the “new normal” for schools, it is important to identify the most effective ways to address those challenges. Many teachers would benefit from the opportunity to develop specific skills, either technical or instructional. This means that teaching staff will also need more dedicated time to focus on learning new tools and developing new skills. To provide more context on this, please provide the following:
13. What professional development does DOE plan to offer to teachers and school leaders that can specifically support technical skills or instructional skills in a remote environment?
14. What accommodations will be required to provide teachers the time needed to focus on developing these skills in collaboration with other educators from their school?
Internet access: The pandemic has heightened awareness of the vital importance of internet access for all New Yorkers, and especially students. And yet, nearly a third of all City households lack broadband internet access. These households are home to close to 2.2 million New Yorkers. The recent offers of free internet access from providers including Optimum and Spectrum have been a lifeline for many families, but as these temporary agreements expire, thousands of families with children attending summer school may lose connectivity if they cannot afford to sign up themselves.
15. What options have you explored for partnering with private providers to connect public school families to internet service over the summer and into next school year?
16. Is DOE collecting data on students’ internet access and, if so, what are the gaps that have been identified and how is the DOE working to address them?
School Budgeting: It is impossible for principals to plan for all these eventualities without a concrete budget that informs how much they can spend on staff and other critical school resources. Normally, principals know what their budgets will be by May and can begin planning, but to date the DOE has provided principals with limited clarity on their budgets.
17. What is the timeline for providing principals with their school-based budgets? We cannot demand that principals manage all these complexities without giving them the resources and information they need to get the job done.
As you know, this conversation about reopening schools is happening at a critical juncture for our democracy. New York City and the nation are engaged in a civil reckoning around class and race the depth of which has not been experienced in generations. It is worth noting, then, that nothing strengthens the values of our democracy better than the promise of a high-quality neighborhood public school – a place where the goal of learning is to ensure a more educated, informed society, where parents want to send their children, where teachers want to teach and develop their craft, and most importantly, where children grow into critical, independent thinkers, strong and confident in their ability to navigate an increasingly complex world. Thank you for your attention to these concerns and I look forward to your response.
Scott M. Stringer
New York City Comptroller

Sunday, June 28, 2020

What Happened At the Polls On Primary Day 2020


 It seems that the Board of Election underestimated the number of people that would come out and vote on Primary day 2020. In visiting many locations in different districts lines were inside some while at a few others the line went out the door at times. The one thing I saw seemed to be that there was at least one scanning machine less than normal at all poll sites I visited. I also noticed that several Election Districts were combined at one table, thus meaning there were less poll workers at each polling site. 

In speaking to poll workers I heard that the two page ballot was not explained to them correctly. A few sites had new Coordinators running them, which at one site I could only find one Coordinator who really didn't wanted to be bothered by anything. That Coordinator did not know what to do when poll workers asked a question. I reported this directly to the Board of Elections. I saw at one poll site candidate workers almost outside the entrance handing out palm cards. I could hear a police officer on his way back from lunch say "didn't I tell you that you had to be across the street"? There seemed to be an awful lot of Affidavit ballots at a table in one poll site. That was because it was a split poll site and the ballots from the second congressional district never were delivered so voters there had to use Affidavit ballots to vote. 

According to the Board of Elections website in the Bronx almost one-hundred thousand Absentee Ballots were mailed out to voters who requested them. As of June 26, 2020 only close to eighteen thousand have been returned, with a deadline of June 30, 2020. Mind you during the petition process when candidates claimed they received their hearing notices after the date of the hearing the answer from the BOE was that the BOE can not be responsible if the USPS can not deliver the mail on time. 

However the Board of Elections may have a bigger problem as it printed ballots before all the court cases were heard. It seems that Ruben Diaz backed candidates in the 79th and 87th assembly districts for party positions who were ruled off the ballot by the BOE were placed back on the ballot by the courts. One has to wonder why the BOE appealed that decision, while printing up absentee ballots and regular ballot with the names of the Diaz backed candidates. The appeal was upheld, and the candidates were ruled off the ballot again. I tried to ask Michael Ryan the head of the Board of Elections that question, or even the Chief Law Clerk for the BOE as I did with the candidates receiving notice of hearings after the hearing date. This time I was transferred  to Ms. Valerie Vazquez-Diaz the media contact at the BOE.  I said that I had a legal question about something, and told her about finding the names of candidates on the ballot that I thought were suppose to be off the ballot. After a while I called her back whereas she said the ballots were printed up before the appeal was decided. The BOE had placed the names on the ballot not knowing the outcome of the court case, and that since the candidates were ruled off the ballot that those ballots would not count if anyone voted for the candidates. 

In the 79th A.D. there was a full slate of party candidates down to Judicial Delegates, while in the 87th A,D, there were only two party positions with a slate of Judicial Delegates. In viewing the primary night results in the 79th A.D. twenty-three votes separate the first and second place Male District Leader candidates, and it is not known how many votes the Ruben Diaz backed candidate received who is not listed on the recap. Had that candidate not been on the ballot that may have changed the voting. This is also seen for Female District Leader, Male and Female State Committee members also since there is a small difference from the first and second place candidates that could be different if these candidates were not on the ballot. Also something to wonder is if any of the Diaz backed candidates received the highest amount of votes would that be considered a write in vote?

With all that happened on primary day 2020 one has to wonder who may have the best lawsuit against the Board of Elections. I have also been told by reliable sources that shortly after the votes are counted there will be certain people fired at the Bronx Board of Elections.



Above - People waiting on line outside a Parkchester poll site.
Below - Shows on the right side the names of Ruben Diaz backed candidates Barbara Brown (top), and Mohammed Mujumder at the bottom.