exhibit 11 to affirmation of jon schuyler brooks - taratko affidavit

8/6/2019 Exhibit 11 to Affirmation of Jon Schuyler Brooks - Taratko Affidavit

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LED: NEW YORK COUNTY CLERK 08/03/20111CEF DOC. NO. 117

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK~ ~ ~~ ~ - - __ ' . . . .... _~ - ,ww - __ ,__ 'W __ - -~ - -.-". ---- -,-- ---" xLISA STEGLICH, individually and as parent and naturalguardian of ALEXANDER HERLIHY, infant, RICCHERWIN, individually and as parent and natural guardianof MARLEY CHERWIN, infant, CAROL BARKER,individually and as parent and natural guardian of OMARBROWN, infant, GINA DEMETRIUS, individually and asparent and natural guardian of SEBASTIANDEMETRIUS, KIMBERLY JARNOT, individually and asparent and natural guardian of MARGARET THOMAS,infant, NYDIA JORDAN, individually and as parent andnatural guardian of HARRY D. JORDAN, infant,KAVERY KAUL, individually and as parent and naturalguardian of ASHOK KAUL, infant, RUBEN andGERALDINE LOPEZ, individually and as parents andnatural guardians of SHANE LOPEZ, infant, MADELINEOLMEDA, individually and as parent and natural guardianof CRISTINA JULIA CRUZ, infant, LAZARAQUINONES, individually and as parent and naturalguardian of DORIS ALCANTARA, infant, andMARILYNN SARJEANT, individually and as parent andnatural guardian of ALlY A CLUNIE, infant,

Petitioners,-against-

THE BOARD OF EDUCATION OF THE CITY SCHOOLDISTRICT OF THE CITY OF NEW YORK, a/k/a THEPANEL FOR EDUCATIONAL POLICY, THEDEPARTMENT OF EDUCATION OF THE CITY OFNEW YORK, and DENNIS M. WALCOTT, asChancellor-Designate of the City School District of theCity of New York,

Respondents.

INDEX NO. 107173/RECEIVED NYSCEF: 08/03/

AFFIDAVIT OF THOMASTARATKOIndex No.: 104300/11


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STATE OF NEW YORK ): SS.:COUNTY OF KINGS )THOMAS TARATKO, being duly sworn, deposes and says:1. I am the Executive Director of the Office of Space Planning of respondent

New York City Department of Education ("DOE"). I have held this position since 2003, andhave been involved with the operations of public schools since 1979. My responsibilities includethe management of space utilization and capital planning for all public schools and educationalsupport facilities within DOE, including field operations and facilities planning in collaborationwith the Office of Portfolio Management and school co-locations throughout the City. My officeserves as the Chancellor's designee regarding the allocation of space. I submit this affidavit insupport of the DOE's verified answer and in opposition to the petition in this proceedingchallenging the February 1,2011 vote and resolution of the Panel for Education Policy ("PEP")to co-locate Success Academy Charter School ("Success Academy") with the existing highschools located in the public school building known as the Brandeis Educational Campus("Brandeis Campus", also known as building M470) located in Community School District 3, at145West 84th Street in Manhattan.The Brandeis Campus

2. As indicated in the Educational Impact Statement ("EIS") and BuildingUtilization Plan ("BUP") which describe the proposed co-location (see Pet., Exhs, 3 & 4), theBrandeis Campus has 67 full-sized spaces, 7 full-sized science demonstration rooms, 3 full-sizedscience laboratories, 12 half-size spaces, and 15.5 designed general office full-sized equivalentspaces which can be allocated between the six schools proposed to be co-located in the 2011-2012 school year. In addition, the building has an auditorium, gymnasium, cafeteria, dancestudio and library.

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3. I understand that petitioners have alleged that the following spaces wereimproperly included in the number of rooms which may be allocated between the schools:

a. Room KIT2, which petitioners have characterized as a kitchen;b. Room B22, which petitioners have characterized as a dance studio;c. Rooms 215 and 21STV, which petitioners have characterized as a

theater and control room;d. Room 218, which petitioners have characterized as a ceramics studio;e. Room B7, which petitioners have characterized as a music room;f. Room 110C, which petitioners have alleged is leased to an outside

group. (Pet., ~ 98).Petitioners appear to suggest that because these rooms have been included in the count of 67 fullsized spaces to be allocated between the six schools, the instruction that currently occurs in thoserooms will be jeopardized.

4. As a preliminary matter, neither room B22 (the dance studio), room KIT2,nor room IIOC were included in the count of 67 full sized rooms to be allocated between the sixschools. As indicated in the BUP, the dance studio is listed as a shared space. See Pet., Exh. 4,p. 2. KIT2 is the teacher's cafeteria, and room IIOC is a half size administrative office beingused by the Relationship Abuse Prevention Project ("RAPP") coordinator for Brandeis HighSchool. Neither are designed full-sized instructional spaces.

5. Furthermore, it should be noted that, as discussed in the EIS, "room-specific allocations would be made by the Office of Space Planning in conjunction with theBuilding Council, which consists of the principals of each co-located school." Pet., Exh. 3, p, 5.

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Inother words, the assignment of specific rooms to a particular school will be conducted througha collaborative process.

6. Room 215 is not a designed theatre. Rather, it is a double-sized classroomwith a raised platform currently being used by Brandeis High School for theater instruction. Atrue and correct photograph of room 215 is attached hereto as Exh. A. Room 215TV is a controlroom. The DOE plans to provide a new state of the art black box theater which will becomeavailable for use in the 2011-2012 school year. Therefore, regardless of how the BuildingCouncil determines to use rooms 215 and 215TV, improved facilities will be available for theaterinstruction.

7. Room 218 is not a designed ceramics room. Room 218 is a standard artclassroom used by The Global Learning Collaborative ("Global Learning"), and in which amoveable, non-affixed kiln has been placed. A true and correct copy of a photograph of room218 is attached hereto as Exh. B. The proposed room allocations set forth in the BUP do notrequire that room 218 be re-assigned to a different school organization, or be used for a differentpurpose. However, if the Building Council, which includes the principal of Global Learning,decides to re-assign room 218 to a different school organization in the 2011-12 school year, theDOE will work with Global Learning to identify another suitable classroom to continue ceramicsinstruction.

8. Room B7 is a classroom with a small raised platform currently used formusic instruction. Nothing in the BUP requires that the room be used for a purpose other thanmusic instruction next year. However, if the Building Council determines to use room B7 forother purposes next year, the DOE will work with the schools to identify another suitableclassroom to continue music instruction.

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Completed Conatrnction Projects and Future Construction Projects9. As indicated in the Public Comment Analysis (see Pet., Exh. 8), the DOE's

proposal to fund a restructuring of the Brandeis campus is not related to the proposal to locateSuccess Academy on the campus. The restructuring work would have moved forward regardlessof whether or not another school (elementary, middle or high) phased into the building. Further,the utiltity of the restructuring work that has already been completed will not be lost as a result ofthis co-location. The following is a list of projects at the Brandeis Campus that have beencompleted by the School Construction Authority ("SCA") since 2001. The total is less than $17.5million.Project iDate ~onst. Est.CompletedProgram Access ib i li ty Jun-01 $293.00CEmerg ~n ~ L ig htin g Mar-04 $132.00C~ cie nc e L ab Sep-OS $4,300.000C lim ate Control Feb-OS $800.000IPSurve illance Cameras Aug-OS $276.000F Y0 5 M us ic R oom Oct-Of $170,00CExterio r Modern iza tion M ay -0 7 $ 9,6 00 ,0 00Walk-In -F reezer Replacement Sep-07 $295.000Total $15,866,O~

10. The only work being undertaken specifically related to the co-location of anelementary school is the conversion of four classrooms that are currently being used for recordsstorage into an additional cafeteria facility, as noted in the EIS. The renovation of these fourrooms will not negatively impact the utility of any of the completed capital improvementprojects.

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1 1. A lthoug h the EIS describes this space as a "cafeteria", because that is h0Wthe spac e w o u ld b e primarily u sed in the short-term. in reality i! w ill b e a multi-purpose room,w hich over the Long term could serve severa l functions i n addi ti on 10 serving as H ' lu nc h ro om .

Thomas TaratkoSW orn to before methisal'day - ~ ) fApril , 2011 -

T H O M A S F A N ! Z Z IN OT A R Y P U B L lO ) S T A T E O F N EW Y O R KN O . 0 1 F A 6 1 8 1 4 1 1Q U A L I F I E D I N : R IC HM ON D C O U N T YC O M M I S S IO N E X P IR E S 0 2 /2 5 /2 01 2

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EXHIBIT A


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EXHIBITB


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exhibit 11 to affirmation of jon schuyler brooks - taratko affidavit

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