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NYSCEF

NEW YORK COUNTY CLERK 08/03/20111

INDEX NO. 107173/2011 RECEIVED NYSCEF: 08/03/2011

DOC. NO. 117

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
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AFFIDAVIT OF THOMAS TARATKO
Index No.: 104300/11

LISA STEGLICH, individually and as parent and natural guardian of ALEXANDER HERLIHY, infant, RIC CHERWIN, individually and as parent and natural guardian of MARLEY CHERWIN, infant, CAROL BARKER, individually and as parent and natural guardian of OMAR BROWN, infant, GINA DEMETRIUS, individually and as parent and natural guardian of SEBASTIAN DEMETRIUS, KIMBERLY JARNOT, individually and as parent and natural guardian of MARGARET THOMAS, infant, NYDIA JORDAN, individually and as parent and natural guardian of HARRY D. JORDAN, infant, KA VERY KAUL, individually and as parent and natural guardian of ASHOK KAUL, infant, RUBEN and GERALDINE LOPEZ, individually and as parents and natural guardians of SHANE LOPEZ, infant, MADELINE OLMEDA, individually and as parent and natural guardian of CRISTINA JULIA CRUZ, infant, LAZARA QUINONES, individually and as parent and natural guardian of DORIS ALCANTARA, infant, and MARILYNN SARJEANT, individually and as parent and natural guardian of ALlY A CLUNIE, infant, Petitioners, -againstTHE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, a/k/a THE PANEL FOR EDUCATIONAL POLICY, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and DENNIS M. WALCOTT, as Chancellor-Designate of the City School District of the City of New York, Respondents.

STATE OF NEW YORK COUNTY OF KINGS

) : SS.: )

THOMAS TARA TKO, 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, and have been involved with the operations of public schools since 1979. My responsibilities include the management of space utilization and capital planning for all public schools and educational support facilities within DOE, including field operations and facilities planning in collaboration with the Office of Portfolio Management and school co-locations throughout the City. My office serves as the Chancellor's designee regarding the allocation of space. I submit this affidavit in support of the DOE's verified answer and in opposition to the petition in this proceeding challenging 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 high schools 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, at 145 West 84th Street in Manhattan. The Brandeis Campus 2. As indicated in the Educational Impact Statement ("EIS") and Building

Utilization Plan ("BUP") which describe the proposed co-location (see Pet., Exhs, 3 & 4), the Brandeis Campus has 67 full-sized spaces, 7 full-sized science demonstration rooms, 3 full-sized science laboratories, 12 half-size spaces, and 15.5 designed general office full-sized equivalent spaces which can be allocated between the six schools proposed to be co-located in the 20112012 school year. In addition, the building has an auditorium, gymnasium, cafeteria, dance studio and library.
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3.

I understand that petitioners have alleged that the following spaces were

improperly 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 full sized spaces to be allocated between the six schools, the instruction that currently occurs in those rooms 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 six schools. 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 being used by the Relationship Abuse Prevention Project ("RAPP") coordinator for Brandeis High School. 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 the Building Council, which consists of the principals of each co-located school." Pet., Exh. 3, p, 5.

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In other words, the assignment of specific rooms to a particular school will be conducted through a collaborative process. 6. Room 215 is not a designed theatre. Rather, it is a double-sized classroom

with a raised platform currently being used by Brandeis High School for theater instruction. A true and correct photograph of room 215 is attached hereto as Exh. A. Room 215TV is a control room. The DOE plans to provide a new state of the art black box theater which will become available for use in the 2011-2012 school year. Therefore, regardless of how the Building Council determines to use rooms 215 and 215TV, improved facilities will be available for theater instruction. 7. Room 218 is not a designed ceramics room. Room 218 is a standard art

classroom used by The Global Learning Collaborative ("Global Learning"), and in which a moveable, non-affixed kiln has been placed. A true and correct copy of a photograph of room 218 is attached hereto as Exh. B. The proposed room allocations set forth in the BUP do not require that room 218 be re-assigned to a different school organization, or be used for a different purpose. 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, the DOE will work with Global Learning to identify another suitable classroom to continue ceramics instruction. 8. Room B7 is a classroom with a small raised platform currently used for

music instruction. Nothing in the BUP requires that the room be used for a purpose other than music instruction next year. However, if the Building Council determines to use room B7 for other purposes next year, the DOE will work with the schools to identify another suitable classroom to continue music instruction.

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Completed Conatrnction Projects and Future Construction Projects 9. 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 locate Success Academy on the campus. The restructuring work would have moved forward regardless of 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 of this co-location. The following is a list of projects at the Brandeis Campus that have been completed by the School Construction Authority ("SCA") since 2001. The total is less than $17.5 million.
Project Program Accessibility Emerg~n~ Lighting ~cience Lab Climate Control IPSurveillance Cameras FY05 Music Room Exterior Modernization Walk-In-Freezer Replacement Total iDate ~onst. Est. Completed Jun-01 $293.00C Mar-04 $132.00C Sep-OS $4,300.000 Feb-OS $800.000 Aug-OS $276.000 $170,00C Oct-Of May-07 $9,600,000 Sep-07 $295.000 $15,866,O~

10.

The only work being undertaken specifically related to the co-location of an

elementary school is the conversion of four classrooms that are currently being used for records storage into an additional cafeteria facility, as noted in the EIS. The renovation of these four rooms will not negatively impact the utility of any of the completed capital improvement projects.

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11.

Although

the EIS describes this space as a "cafeteria",

because that is

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the space would be primarily used in the short-term. in reality i! will be a multi-purpose room,
which over the Long term could serve several functions in addition 10 serving as H' lunch room.

SWorn to thisal'day

before me -~)fApril, 2011

Thomas Taratko

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THOMAS FAN!ZZI NOTARY PUBLlO) STATE OF NEW YORK NO.01FA6181411 QUALIFIED IN: RICHMOND COUNTY COMMISSION EXPIRES 02/25/2012

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EXHIBIT A

EXHIBITB

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