Wednesday, February 26, 2014

COMPTROLLER SCOTT M. STRINGER AUDIT UNCOVERS MILK MESS AT NYC DEPARTMENT OF EDUCATION


  Lack of Controls Led the City to Ignore Red Flags of Possible Collusion Among Bidders

  The New York City Department of Education (DOE) failed to employ proper safeguards and controls in awarding multi-million dollar milk distribution contracts for City schools, making the City vulnerable to possible collusion, New York City Comptroller Scott M. Stringer announced today.  The findings of the audit have been referred to the United States Department of Justice for further investigation.    
“DOE ignored red flags that its milk contracts may have been tainted,” Stringer said. “We see possible collusion when rival bidders become business partners within two months of being awarded contracts.  Instead of doing its due diligence, DOE needlessly put taxpayers at risk. Moving forward, DOE must put tighter controls in place to ensure that bids are made independently and that bidders have the financial ability to deliver the services they promise.”
Keeping close tabs on the city’s school food supply chain is vital to protecting both the City’s physical and fiscal health.  New York City serves more meals and spends more money on those meals than any other U.S. government entity outside of the Department of Defense—some 850,000 meals each day. Saving just one penny on the cost of each meal through better controls adds up to big-time savings for taxpayers—more than $1.5 million per year.
The audit examined three contracts worth $134 million for the supply and delivery of milk to City schools from November 2008 to August 2013. The three winning vendors were Beyer Farms, Inc., Elmhurst Dairy, Inc. and Bartlett Dairy, Inc. The largest contract, totaling $111 million, went to Beyer, for milk delivery in Brooklyn, Queens and the Bronx.
The audit found that DOE lacked adequate procedures to detect warning signs of possible collusion. The three winning bidders began as competitors, each vying for the same contracts, but became business partners within two months of the contracts being awarded.  Beyer and Elmhurst, which had won the lion’s share of the distribution bids in August and September 2008, subcontracted the majority of that work in October 2008 to their former competitor, Bartlett.
As a result of that subcontracting, Bartlett’s percentage of milk delivery rose from 6% to almost 70%, all before the first carton of milk was delivered. Furthermore, Beyer and Elmhurst failed to provide any information that they planned to use subcontractors in their original bids, even though the Request for Bids required them to do so.
“All of these warning signs should have raised concerns at DOE, and we have referred the matter to the United States Department of Justice for further investigation,” Stringer said.
The audit also found that DOE failed to adequately assess the financial health of bidders. Beyer’s financial statements clearly indicated a high risk of default—its debt had soared in 2007 and its ratio of current assets to current liabilities was far below industry competitors.  DOE not only failed to properly analyze the bidder’s financial statements, it disregarded the warnings of one of its own analysts, who stated that everything appeared to be “on the margin.” Beyer subsequently went bankrupt in 2012, leaving DOE scrambling for a replacement.  DOE is now in the process of procuring new milk distribution contracts.
The audit urged DOE to:
1.       Develop and implement adequate written procedures to detect the warning signs of possible collusion;
2.       Put written procedures in place to identify and flag troubling bidders before it is too late;
3.       And develop and implement procedures to ensure that a comprehensive analysis of the financial capacity of low bidders is conducted prior to any contract award. 

“I am pleased that DOE has now agreed with our recommendations to institute tougher scrutiny of future bidders. We simply cannot allow these kinds of weak procurement practices to continue,” Stringer said. 

State Senator Tony Avella Joins NY State Senate’s Independent Democratic Conference

 
  State Senator Tony Avella (D-Queens) announced today that he will become the fifth member of the New York State Senate’s Independent Democratic Conference (IDC).  Senator Avella, who represents Northeast Queens, will join IDC Leader and Senate Co-President Sen. Jeff Klein (D-Bronx), Sen. Diane Savino (D-Staten Island), Sen. David Valesky (D-Oneida), and Sen. David Carlucci (D-Rockland/Westchester) in the Independent Democratic Conference, which first formed in January of 2011.

“I am thrilled to be joining the Independent Democratic Conference. Under Senator Klein’s leadership, the IDC has developed a clear, progressive agenda for New York’s working families," said Senator Avella. "They have shown an ability to get big things done, without the dysfunction of years past. From passing new gun control laws, to raising the minimum wage, Senator Klein and the IDC have shown us that great things are possible when you focus on results instead of politics. I look forward to being part of a team that has consistently delivered big results for New Yorkers.”

IDC Leader and Senate Co-President Jeffrey D. Klein said, “Senator Avella's passion for public service makes him a great fit for the Independent Democratic Conference. He will be a major asset in our fight to make New York more affordable for working families. The breadth of his experience, in both the City Council and the Senate, makes him the type of seasoned legislator who knows how to get things done. I am very pleased to welcome him to the team."

Senator Avella has represented the 11th State Senate District since 2011. Avella previously served the area as a city councilman between 2002 and 2009. With a strong commitment to the people of his district, the city, and the state, IDC members are confident Avella will play a key role in helping them make New York more affordable for families and small businesses.

Deputy IDC Leader Senator David Valesky said, “It’s clear that Senator Avella shares our deep commitment to the issues that are most important to middle class families and small businesses. I have enjoyed working with Senator Avella for the past three years, and look forward to working with him as a member of our conference.”

Senator Diane Savino said, “I have known Senator Avella for years and have always respected the energy and passion that he brings to public service. I look forward to working with him on issues that are not only important to New York City, but to working families across our state.”

Senator David Carlucci said, “Senator Avella has built a career fighting for those who are most in need, so I am thrilled to welcome him to the IDC. He has the experience, passion, and know-how to make a major impact on state policy.”

Editor Note: 
      This announcement now leaves the State Senate Democratic Conference at 24 members. Democratic Senators John Sampson and Malcolm Smith are currently under indictment and are not affiliated with any conference, there are 2 vacant seats of former senator Chuck Fuchillo and Eric Adams (one Republican and one Democrat), Democratic Senator Simca Felder sits with the 29 member Republican Conference, and there are now 5 members of the Independent Democratic Conference for a total of 63 State Senators.

 

WHAT YOU SHOULD KNOW


By Senator Rev. Rubén Díaz
32nd Senatorial District, Bronx County, New York 


I TOLD YOU SO

   As you know, the latest hot potato in our political world here in Albany is the leap of faith just taken by Democratic Senator Tony Avella from Queens, New York to abandon the every-day weakening Democratic Conference and jump to the Independent Democratic Conference (IDC) led by Senator Jeffrey Klein from the Bronx.

You should know that with this jump, I am pretty sure that Senator Avella will be getting some benefits and privileges, e.g., office, staff, and a committee chairmanship, most likely the Aging Committee, which is currently vacant.

Senator Avella’s jump opens a “Pandora’s Box,” and now the door has been opened wide for more of us to follow his lead, although a while back I remember a statement made by Senator Diane Savino, a member of the IDC, that said “Everyone is welcome, except Rubén Díaz,” and because of that, I am afraid that in the end, I will be the last one left behind, unless Senator Savino changes her mind.

The cost of the IDC’s increase in power and influence of its leader Senator Jeffrey Klein has been the arrogance, apathy and pride of some members in our Democratic Conference.

For a long time I have been calling for their return and asking my colleagues to talk to Jeff Klein and the member of the IDC and to “make them an offer that they cannot refuse,” and bring them back so that we Democrats could be in the Majority again. The response from my Democratic colleagues, lamentably, has been that “we would rather always be in the minority.” To them I now say be careful what you wish for, you might get it.

As you know the IDC used to be composed of five members: Senator Jeff Klein, Senator Diane Savino, Senator David Valesky, Senator David Carlucci and the only minority in the group, Senator Malcolm Smith. We all know that Senator Smith got booted out, leaving the IDC with only white members. Now ladies and gentleman, my advice, my two cents worth, to Jeff Klein and the IDC is to work on one minority because you need a little diversity in your conference.

And to my colleagues in the Democratic Conference, I say that now we can really kiss the majority good-bye and as some of you have wished, we’re going to be in the minority for a long time. I told you so.

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

Editors Note:

We now know what is taking Senator Diaz so long to join the IDC. 


Tuesday, February 25, 2014

Ben Franklin Democratic Club 13th Congressional Endorsement


  Last week the powerful Ben Franklin Democratic Club endorsed its favorite son Congressman Eliot Engel for re-election in the 16th Congressional District. However due to redistricting two years ago Congressman Engel is no longer the sole representative in Congress for the 81st Assembly District or the Ben Franklin Club. The 13th Congressional district now makes up close to 35 percent of the 81st Assembly District (36 election districts). Last night there was a meeting to hear from the three current candidates, and decide which if any of the three the club shall endorse. The petitioning process of gathering signatures for candidates for federal office begins on March 4th for the June congressional elections.
   The first candidate heard by the club was Harlem Pastor Michael Walrod. Candidate Walrond spoke about why he should be the choice in the 13th Congressional District. He gave a brief bio of himself, and  mentioned that he is affiliated with the National Action Network headed by Reverend Al Sharpton. Walrond stated that only 6 percent of the eligible voters came out to vote two years ago in the last 13th district primary, and that he wants to bring out more people to vote. 
  To questions Walrond answered that he believes in woman's rights going into a story on how his son was born two years before he and his wife were married. He said that he left it up to his future wife to decide if she wanted to have the child or not. He added that he is on Mayor de Blasio's UPK group seeking Universal Pre-Kindergarden learning. On a question of gay rights Walrond said that he is a Baptist minister, but believes in them along with marriage equality. When asked his position on Israel Warlrond answered that the U.S. must maintain the current levels, but he said that he does want to see peace in Palestine.
  Next came State Senator Adriano Espaillat. Espaillat spoke of the diversity and needs of the people in the district. he said that he would have a Bronx district office also, and that the Bronx should not be left behind. Espaillat spoke of the gridlock in Washing ton that states are having to take up. He wants to work with his friend Congressman Engel when it comes to the subject of Israel, adding that the biggest threat to not only Israel but also the u>S. is the country of Iran. Espaillat finished by saying that he wants a higher minimum wage that will help to stimulate local economies, more job creation, and more housing. 
  Last was the incumbent Charles Rangel. Rangel spoke about his over 40 years in congress. He said that he wants to know why anyone else is better than him to represent the people of the 13th district. Rangel spoke of his friendships with President Obama and the Prime Minister of Israel. He said that he has spoken with Bronx Democratic County Leader Carl Heastie to find a place for a district office in the Bronx, but because of the sequester last year there was no money to find such an office. Rangel concluded by saying "Until the last breath in him he will defend the United States".
  After all three candidates had left Ben Franklin Club President Ellen Feld asked if the club should endorse in the 13th Congressional District. Assemblyman Jeffrey Dinowitz rose and said that the club should not commit tonight to a candidate. He continued by saying that the club endorsed Senator Espaillat two years ago. He said that he thinks that both Congressman Rangel and Senator Espaillat have done a good job in office, and that this meeting was called in order to meet the new federal guidelines that were put in place two years ago for the new election and petitioning process for federal elections. Dinowitz also said that it is not known if anyone else may decide to run in this district or if one of the candidates may drop out. 
  81st A.D.  District Leader Bruce Feld said that he gave a speech in favor of a candidate two years ago in May after petitions were finished then the club then endorsed a candidate. Feld suggested that this endorsement be decided again in May since there are more questions of the candidates as there were two years ago. 
  Sergio Villavarde a club member then made a motion to table the vote on the 13th congressional district. An amendment that the vote be postponed was unanimously passed by a voice vote.
 13th Congressional District candidate Michael Walrond speaks to the Ben Franklin Democratic Club for their endorsement.
13th Congressional District candidate Adriano Espaillat speaks to the Ben Franklin Democratic Club for their endorsement.
 13th incumbent Congressman and candidate Charles Rangel speaks to the Ben Franklin Democratic Club for their endorsement.



Cohen, Engel, Klein and Dinowitz Urge Metro-North to Implement NTSB Recommendations


  Council Member Andrew Cohen, Congressman Eliot Engel, State Senator Jeff Klein and Assemblyman Dinowitz have called on Metro-North to adopt the recommendations put forward by the National Transportation Safety Board (NTSB) in the aftermath of the Metro-North train derailment in Spuyten Duyvil this past December.

Last week, NTSB’s Chairwoman Deborah Hersman released a five-page preliminary report which reviewed the accident where four people died and dozens of others were injured.  The recommendations include installing permanent speed restriction signage to alert operating crews of areas where any significant decrease in speed exists and installing inward and outward facing cameras and audio recorders to ensure that crews are operating in accordance with appropriate regulations and procedures.  According to the NTSB’s report the recorded images and sounds should be reviewed routinely to identify unsafe behaviors and allow for corrective practices to be implemented before accidents occur.

Council Member Andrew Cohen said, “I support the recommendations put forth by Chairwoman Hersman as this is a good first step in improving safety with our mass transit.  I urge Metro-North to implement these recommendations immediately to help protect all commuters.”

Congressman Eliot Engel said, “The Metro-North train derailment was a tragedy that must never be repeated. The recommendations from National Transportation Safety Board are simple, straight-forward and should be implemented without delay.  The NTSB report also notes that inward-facing image recorders may be able to detect and address worker fatigue.   Metro-North should further explore this potential.”

Senator Jeff Klein said, "In the wake of the devastating Metro-North train derailment in Spuyten Duyvil late last year, it is clear new safeguards need to be adopted to prevent such a horrific event like this from happening again. The recommendations suggested by the National Transportation Safety Board are essential steps in keeping operators, riders and members of our local communities safer. I commend the NTSB for submitting their recommendations and look forward to working together to implement additional safety measures they identify during their investigation."

Assemblyman Jeffrey Dinowitz said, "The horrible accident that took place December 1st, 2013 was both tragic and avoidable. It is crucial that we ensure that such an accident never takes place again, either at Spuyten Duyvil or any place else. The recommendations of NTSB should be implemented immediately. People who take any form of mass transit should never be in fear of injury or loss of life".

Friday Afternoon Memorial Planned for 6-year old Traffic Accident Victim Amar Diarrassouba


  Friday Afternoon Memorial Planned for 6-year old Traffic Accident Victim Amar Diarrassouba

On February 28, 2014 at approximately 2:30pm, the students and staff of PS 155 will hold a brief remembrance in honor of 6-year old Amar Diarrassouba at the intersection of East 117th Street and First Avenue in Harlem.  Amar was killed there one year ago by a tractor trailer truck.

All are invited to attend to remember this bright, energetic young boy, as balloons are released in loving memory.

His parents, Sidiki and Meichata Diarrassouba dearly hope that the legislation introduced last year in the New York State Senate requiring guards on truck wheels, will be finally be approved.

For further information, please contact Christopher Lynn at (917) 385-0368.


Monday, February 24, 2014

Sandy Survivors Urge de Blasio to Take Action on Rebuilding


 
Sandy Survivors Urge Mayor de Blasio to Take Immediate Action on Rebuilding and Recovery in Hardest-Hit Areas of the City

Growing Sense of Humanitarian Crisis, Despair, and Abandonment in Low-Income Areas Hit Hardest by Sandy. #RebuildaJustNY

***Sandy Survivors Revealed Big Problems with the Build it Back Program, and Offered de Blasio Recommendations for Reform that Don’t Require Any Albany Approval***

  Sandy survivors from the hardest-hit low-income communities gathered Monday to urge Mayor de Blasio and his administration to take immediate action on rebuilding, amid mounting evidence that city government has not done enough to help the most vulnerable residents still reeling from the Superstorm.

On the steps of City Hall, they released a major new report, How Sandy Rebuilding Can Reduce Inequality in New York City (http://www.rebuildajustny.org/how-sandy-rebuilding-can-reduce-inequality/). It highlights concrete ways in which Mayor de Blasio can use billions in federal recovery dollars to fix the broken Build it Back Program and strengthen low-income communities that were struggling the most prior to Sandy. It shows how city government can combine climate sustainability with the creation of family-sustaining jobs, deeply affordable housing, and improved public housing.

“We are standing at the edge of a once-in-a-generation opportunity to tackle inequality and make our city fairer and stronger for all residents and communities….New York City can become a national model for transforming post-disaster rebuilding and recovery into shared prosperity and greater economic opportunity.  While other aspects of Mayor de Blasio’s agenda require Albany approval, this vision for Sandy rebuilding can be pursued quickly and aggressively at the level of city agencies,” the report says.

Today’s event and report release was organized by Faith in New York and the Alliance for a Just Rebuilding (AJR), the citywide coalition of Sandy survivors, which held a Sandy rebuilding tour with then-mayoral candidate de Blasio in September 2013.

During that rebuilding tour, de Blasio toured the Sandy-ravaged home of the Bennett family in Far Rockaway. Bennett Davon Bennett was one of the key speakers at City Hall today. He reminded Mayor de Blasio of promises that were made to his family months ago.

"In September 2013, my family felt a sense of hope when Bill de Blasio visited our badly damaged home in Far Rockaway, Queens. That day, Mr. de Blasio made a promise to my family and my community that he would “right some greater wrongs” and help lift us out of poverty through the Sandy rebuilding effort. In the process of repairing our house, my parents have depleted their savings, their retirement account, and my college fund. Now after waiting sixth months for help from the Build it Back program, the city is telling us we need to raze our home. I am here today because I am counting on Mayor de Blasio to keep his commitment to put my family and thousands of others on a clear path to prosperity and resiliency after the devastation of Superstorm Sandy,” said Bennett Davon Bennett, a member of Faith in New York, a Rockaway-based organization that has been a leader on Sandy rebuilding. 

Another Sandy survivor who spoke at City Hall today was Staten Island resident Felipa Campos, who used to live in Midland Beach but was displaced to St. George.

"I lost the place that I lived in Sandy and was moving from one place to another for nearly a year. I finally have place to live but it's not affordable.  Many people in my community went through the same as me and worse.  More than anything, what we need in our community so that we can recover the life we lost in Sandy, is new affordable housing.  We ask the mayor etc. to listen to us and give priority to creating affordable housing in the areas affected by Sandy," said Felipa Campos, a member of Make the Road New York, a top immigrant advocacy organization in New York.

Several City Council members who have been vocal and visible leaders on Sandy rebuilding also participated, and endorsed the recommendations in the report.

“We are still a long way from achieving a just, equitable, and sustainable recovery after Sandy.  In low-income communities like Coney Island, the basic needs of residents are not being met. City government should re-open registration for Build-it-Back immediately, and enact the recommendations for reform offered today by Sandy survivors and the Alliance for a Just Rebuilding. We need to ensure that Sandy rebuilding efforts reduce inequality instead of perpetuating it," said Councilmember Mark Treyger, who is Chair of the new Resiliency and Recovery Committee, which is focused on Sandy oversight.
  
I am proud to stand with the Alliance for a Just Rebuilding to draw attention to the crisis that remains in Sandy-affected communities like Red Hook.  We need swift action from the de Blasio administration to ensure that federal recovery dollars promote resiliency and capture the synergies between rebuilding and economic empowerment for low-income and immigrant communities,” said Councilmember Carlos Menchaca, Chair of the Immigration Committee who proposed with Councilmember Treyger the creation of the new Council Committee on Resiliency and Recovery.

“I am proud to stand with the Alliance for a Just Rebuilding and Councilmembers Treyger and Menchaca in support of recommendations that can ensure an equitable and effective recovery for communities devastated by Superstorm Sandy.  Sandy exacerbated the economic situation for low-income communities. This report provides a pragmatic vision for ensuring that the Build it Back program reaches our city’s hardest-hit residents, and that NYCHA buildings become more resilient and better-funded in the future,” said Councilmember Ritchie Torres, a Deputy Leader in the City Council and Chair of the Public Housing Committee, who will hold a City Council hearing later this week on NYCHA and Sandy in a Coney Island NYCHA building.


Tree Safety and Community News


 This comes from the Office of Council Member Mark Levin, Chair City Council Parks Committee

 
On Tuesday, Council Member Mark Levine will  host his first committee meeting as Chair of the Parks and Recreation Committee. The committee members will examine NYC trees’ safety and maintenance during this crucial time following record snowfalls coupled with a large expansion in the number of trees as MillionTreesNYC approaches its goal of one million trees planted. The Department of Parks and Recreation, New Yorkers for Parks, Trees New York, and members of the public will offer testimony on maintaining and inspecting trees and explore solutions for ensuring tree safety throughout the five Boroughs.
All committee meetings are open to the public. If you can’t attend in person, you can live stream it via: http://council.nyc.gov/html/committees/hearings.shtml
Our office has hit the ground running in delivering results to our neighbors. Some of the highlights from the month include: 
  • Aligned with Mayor de Blasio’s Vision Zero plan,  we have been among the most vocal in the City Council on safety issues throughout our district. We will not stop pushing until our community is pedestrian-friendly and bikeable and until traffic regulations are routinely enforced. "We cannot live in a city where pedestrian safety is second to the rights of drivers breaking traffic regulations," said Council Member Mark Levine. "We need greater traffic law enforcement and a redesign of the way traffic is managed. Lowering the speed limit and installing more cameras to monitor illegal driving behavior will give the NYPD the tools to prevent these pedestrian accidents." Full Article.
  • Sabine Franklin, our scheduler and community liaison worked with the Applicant division unit at Police Plaza and the Traffic Safety Unit at the 24th Precinct to bring a crossing guard to the corner of 97th and Broadway with support from the Borough President’s office. 
  • With the kickoff of Dominican Heritage Month, Council Member Levine began celebrating la cultura Quisqueyana on Sunday February 23rd, recognizing several leaders in the uptown Latino community for their commitment to progress in Manhattan Valley, Morningside and Hamilton Heights. Our community liaison Fidel Malena worked closely with Dominican Sunday to make this year’s event memorable. 
It's budget season in the City Council, which means that we've been meeting with the various organizations and looking over applications as they come in to our legislative office. If you haven't applied yet, please submit your application by the deadlines listed below.

Reach out to us if there’s anything going on in the district that you think we should know. Tweet @MarkLevineNYC, call us at 212-928-6814 OR email us at District7@council.nyc.gov.