New York City Council Header
File #: Res 1408-2012    Version: * Name: M 812 - Submitting an amendment to the five year Capital Plan FY 2010– 2014.
Type: Resolution Status: Adopted
Committee: Committee on Finance
On agenda: 6/28/2012
Enactment date: Law number:
Title: RESOLUTION APPROVING, PURSUANT TO SECTION 2590-p OF THE STATE EDUCATION LAW AND PARAGRAPH(1)(a) OF THE MEMORANDUM OF UNDERSTANDING, DATED JUNE 29, 2010, AMONG THE MAYOR, THE SPEAKER AND THE CHANCELLOR, THE AMENDMENT TO THE FIVE YEAR EDUCATIONAL FACILITIES CAPITAL PLAN FOR 2010 - 2014 SUBMITTED BY THE CHANCELLOR.
Sponsors: Domenic M. Recchia, Jr.
Council Member Sponsors: 1
Attachments: 1. Committee Report, 2. Hearing Transcript 6-28-12, 3. Hearing Transcript - Stated Meeting 6-28-12
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/28/2012*Domenic M. Recchia, Jr. City Council Approved, by CouncilPass Action details Meeting details Not available
6/28/2012*Domenic M. Recchia, Jr. Committee on Finance Hearing Held by Committee  Action details Meeting details Not available
6/28/2012*Domenic M. Recchia, Jr. Committee on Finance Approved by CommitteePass Action details Meeting details Not available
Preconsidered Res. No. 1408
 
RESOLUTION APPROVING, PURSUANT TO SECTION 2590-p OF THE STATE EDUCATION LAW AND PARAGRAPH(1)(a) OF THE MEMORANDUM OF UNDERSTANDING, DATED JUNE 29, 2010, AMONG THE MAYOR, THE SPEAKER AND THE CHANCELLOR,  THE AMENDMENT TO THE FIVE YEAR EDUCATIONAL FACILITIES CAPITAL PLAN FOR 2010 - 2014 SUBMITTED BY THE CHANCELLOR.
 
 
By Council Member Recchia
 
           WHEREAS, State Education Law Section 2590-p provides for the development and approval, every five years, of a five-year educational facilities capital plan and amendments thereto; and
 
WHEREAS, On June 19, 2009, after extensive discussions and negotiations with the Department of Education over the content and specifics of the proposed and final proposed Five-Year Educational Facilities Capital Plan, the Council of the city of New York approved the current Five-Year Educational Facilities Capital Plan for the period July 1, 2009 until June 30, 2014 ("Plan") pursuant to Section 2590-p of the Education Law for a total budget of $11.3 billion; and
WHEREAS, On the date of adoption of the Plan, the parties executed an Amended Memorandum of Understanding (hereinafter referred to as the "Amended MOU"), which extended the terms of an agreement executed on June 24, 2004 (hereinafter referred to as the "2004 MOU") that required, inter alia, the Chancellor of the New York City Department of Education ("Chancellor") to submit annual amendments to the FY 2005-2009 Five-Year Educational Facilities Capital Plan ("2005 Plan") to the Mayor and the City Council for their respective consideration and approval; and
WHEREAS, The Amended MOU extended the terms of the 2004 MOU to the Plan for an additional year; and
 
WHEREAS, The Amended MOU expired on June 19, 2010; and
           WHEREAS, On June 29, 2010, the Mayor of the city of New York ("Mayor"), the Speaker of the Council of the city of New York ("Speaker"), and the Chancellor entered into a Memorandum of Understanding ("2010 MOU"), which extended the terms of the 2004 MOU and the Amended MOU to the Plan, and imposed additional reporting requirements on the New York City Department of Education ("DOE"); and
 
WHEREAS, On June 29, 2010, the Council adopted the first annual amendment to the Plan, which increased funding for the Plan in the amount of $400 million, which resulted from $300 million in Resolution-A funds and $100 million in funding previously budgeted in the 2005 Plan, bringing the total funding level for the Plan to $11.7 billion; and
 
 
WHEREAS, On June 29, 2011, the Council adopted the second annual amendment to the Plan, which reduced funding for the Plan by $600 million to $11.1 billion; and
 
WHEREAS, In the Spring of 2012, the Chancellor submitted to the Council the third annual amendment (hereinafter referred to as the "Amendment") to the Plan, which increased funding for the Plan by $118.1 million to $11.2 billion.  Such increase is a result of additional Resolution-A funds from the City Council and Borough Presidents; and
 
WHEREAS, This Amendment provides $4.5 billion for the Capacity Program, which includes all elements of the plan that result in new or replacement capacity for our system; and
 
WHEREAS, This Amendment also provides $6.7 billion for Capital Investment; and
 
WHEREAS, This Amendment also includes funding in the amount of approximately $500 million, which has been provided by the City Council, Borough President, and Mayor/Council sources; now, therefore be it
 
RESOLVED, That the Council of The city of New York hereby approves, pursuant to Section 2590-p of the Memorandum of Understanding, dated June 29, 2010, among the Mayor, the Speaker, and the Chancellor, the Amendment to the Five Year Educational Facilities Capital Plan for 2010-2014 submitted by the Chancellor.