1 2 CITY COUNCIL 3 CITY OF NEW YORK 4 -------------------------------x 5 THE TRANSCRIPT OF THE MINUTES 6 of the 7 SUBCOMMITTEE ON PLANNING, 8 DISPOSITIONS And CONCESSIONS 9 -------------------------------x 10 May 20, 2008 11 Start: 1:15 p.m. Recess: 1:35 p.m. 12 City Hall 13 Committee Room New York, New York 14 15 B E F O R E: 16 DANIEL GARODNICK Chairperson, 17 18 COUNCIL MEMBERS: Sara Gonzalez Inez Dickens 19 Vincent Ignizio 20 21 22 23 24 LEGAL-EASE COURT REPORTING SERVICES, INC. 17 Battery Place - Suite 1308 25 New York, New York 10004 (800) 756-3410 2 1 2 A P P E A R A N C E S 3 Carol Clark 4 Assistant Commissioner NYC Department of Housing Preservation 5 And Development 6 Terry Arroyo Director of Land Use 7 NYC Department of Housing Preservation And Development 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 CHAIRPERSON GARODNICK: Good 3 afternoon, everyone. Welcome to the Subcommittee on 4 Planning, Dispositions and Concessions. My name is 5 Dan Garodnick, Council Member, 4th District. I have 6 the privilege of chairing this Subcommittee of Land 7 Use. 8 I am joined by Council Member Inez 9 Dickens of Manhattan, Council Member Vinnie Ignizio 10 of Staten Island and we have a short agenda today, 11 so we will get right to it. 12 Let me start by opening on the 13 hearing, on the first item that we will here today 14 on the Calendar, Land Use No. 706. 15 This is non-ULURP No. 20085402 HAM, 16 at 305 West 138 Street in Manhattan, in the District 17 of our own Council Member Dickens. 18 So, Ms. Clark, welcome. If you could 19 go ahead and introduce this item, we'd appreciate 20 it. 21 ASSISTANT COMMISSIONER CLARK: Good 22 afternoon, Council members. I am Carol Clark, 23 Assistant Commissioner at HPD, and I am joined by 24 Terry Arroyo, our Land Use Director. 25 LU 706 consists of the proposed 4 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 disposition of one occupied City-owned building 3 located at 305 West 138th Street, under HPD's 4 Neighborhood Entrepreneurs Program. 5 The proposed entrepreneur, the Odessa 6 Apartments Ltd Liability Corporation, will manage 7 the operation and rehabilitation of the building 8 which will provide four dwelling units of rental 9 housing. 10 Council Member Dickens has reviewed 11 the project and I believe has indicated her support 12 but I think has some questions. 13 CHAIRPERSON GARODNICK: Well, now 14 would be an appropriate time, so we will turn the 15 floor over to Council Member Dickens, and thank you 16 for the introduction of this item, Ms. Clark. 17 COUNCIL MEMBER DICKENS: Thank you so 18 much, Chair. 19 Yes, I do have some questions, 20 because this building was a TIL building and has 21 been taken back, I am very concerned about this, you 22 know, removal from the program, and I'm disappointed 23 to hear that the residents have opted out of the 24 program, because that's one of my highest priorities 25 as an elected, is to secure more home ownership 5 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 opportunities, and especially opportunities of home 3 ownership that are affordable. 4 However, as I have indicated with 5 HPD, many, many times, the TIL model has been proven 6 to be tragically flawed and until we fix this model, 7 we will continue to see problems such as this with 8 no affordable home ownership opportunities as 9 solutions. And this defeats the purpose of the TIL 10 program in the first place. 11 I also have a copy of a stipulation, 12 Mr. Chair, signed by the TA President, Ms. Rochelle 13 Johnson, who signed a document stating the 14 residents' preference that they be removed from the 15 program. 16 So, before I ask my questions, I did 17 want to put that in the record, so that you would be 18 aware and freeing the building up to be redeveloped 19 from an eight-unit building, what it presently is, 20 to a six-unit -- a four-unit building, I'm sorry. 21 Right now there are six occupied units. 22 Here are the questions: The two 23 tenants that were temporarily relocated from another 24 building to 305, why were they relocated, one? Where 25 are they moving back to, two? Has their building 6 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 that they came from, if that's where they're going 3 back to, been renovated? And what will their rents 4 be there? 5 Because there are six occupied but 6 only four are original tenants, there are two that 7 were relocated there, so I'm asking about those two, 8 okay? 9 MS. ARROYO: I will answer. Terry 10 Arroyo, for the record, of Land Use. 11 In answer to the first question, 12 these two tenants that are there temporarily have 13 been relocated there because they are from another 14 NEP cluster, which is undergoing rehab. So, this is 15 just a temporary place. 16 The building they come from is, 17 presumably within three months the rehabilitation 18 will be completed. So, they will be going back to 19 their own apartments, to their own building. 20 COUNCIL MEMBER DICKENS: What does 21 presumably mean? Does it mean definitively it has 22 been renovated? And that you're just waiting for a C 23 of O? What does presumably mean? 24 MS. ARROYO: Well, the rehab, as 25 normal, I mean it has about three more months. It 7 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 has to go through the -- you have to obtain the 3 temporary certificate of occupancy. Tenants also 4 have to look at the apartments to make sure of any 5 punchless (sic) items, so they can claim those 6 before they actually move back in. Because they have 7 to sign off that they accept the apartment as is. 8 COUNCIL MEMBER DICKENS: What will the 9 rents be like? 10 MS. ARROYO: The rents, it's 11 unfortunate because the rents of those two from the 12 other cluster, I can't give you any kind of actual 13 information on that. 14 I will say that when it's rehabbed, 15 any kind of rehab building, more than six units will 16 go through the regular rent stabilization. 17 Also, under rehab, these buildings 18 automatically, there is generally an increase of up 19 to $55 per zoning room. 20 COUNCIL MEMBER DICKENS: Are these two 21 tenants, these two residents, are they on any income 22 assistance program now? 23 MS. ARROYO: Again, I would not know. 24 COUNCIL MEMBER DICKENS: You don't 25 know, but they're located at 305? 8 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 MS. ARROYO: I only know that four 3 tenants that pertain to this action, those, all of 4 those four tenants are on public assistance so there 5 is no increase in their rent, after rehab or even at 6 the relocation. 7 COUNCIL MEMBER DICKENS: So, I have no 8 assurances to whether they will be able to pay 9 shelter rent or whether they will be paying public 10 assistance rent or whether -- 11 MS. ARROYO: Any building that goes 12 through rehab through an HPD program, especially in 13 particular through DAMP, one of the first criteria 14 is to make sure the tenant can't afford the rents 15 post rehab. 16 If there was any kind of difficulty, 17 that's the good thing about the NEP program, we're 18 talking about entrepreneurs who have an existing 19 portfolio, where they cannot meet the rents post 20 rehab in this new building, let's call it new for 21 that sake, then the entrepreneur is required to 22 relocate them to something that is affordable, and 23 also to secure subsidies, like the Section 8, to 24 make sure they have recertified or are certified, an 25 example that a special unit to work with the tenants 9 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 to assure that there is no homelessness, that they 3 can pay new rents, that they can have an appropriate 4 apartment to their household size. 5 COUNCIL MEMBER DICKENS: All right, 6 Terry, 305, will that be substantially rehabbed, 7 moderate rehabbed, gut rehabbed; what is that going 8 to be? 9 MS. ARROYO: All I have is rehab. And 10 like I said to you earlier, I'm going to say 11 anywhere between a moderate and a gut, because my 12 experience a gut was the old vacant building shells, 13 and these people are able to live in this building. 14 COUNCIL MEMBER DICKENS: So, they're 15 going to remove these four now. I'm talking about 16 the remaining four. They will be relocated to 17 another building within the area. 18 MS. ARROYO: Within the portfolio. 19 COUNCIL MEMBER DICKENS: An apartment 20 that is comparable? 21 MS. ARROYO: Yes. 22 COUNCIL MEMBER DICKENS: And because 23 they are on public assistance, their rents won't be 24 increased at all. And will they receive any 25 assistance in their moving costs? 10 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 MS. ARROYO: Yes. Yes. 3 COUNCIL MEMBER DICKENS: Can you tell 4 me what that is? 5 MS. ARROYO: They are responsible for, 6 dollar amount I can't tell you, but relocation, the 7 dollar amount is factored into the entire budget to 8 make this project work. 9 COUNCIL MEMBER DICKENS: All right. 10 And how long will this rehab take? 11 MS. ARROYO: We have 12 months. Twelve 12 months from the date of closing to completion of the 13 project. 14 COUNCIL MEMBER DICKENS: And when they 15 return, when these four return to now what will be a 16 reduced four-unit building, and I am assuming that 17 it means that their apartments will be larger; is 18 that so? 19 MS. ARROYO: Right. Right. 20 COUNCIL MEMBER DICKENS: All right. 21 So, the four current residents, are any of them 22 families? Are these all single people? What is this? 23 MS. ARROYO: Unfortunately I don't 24 have that information. 25 COUNCIL MEMBER DICKENS: All right. 11 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 And, so, the four residents will be 3 able to return to the building, but they will have 4 now larger apartments. 5 MS. ARROYO: Correct. 6 COUNCIL MEMBER DICKENS: How will that 7 impact upon their rent? 8 MS. ARROYO: Same thing. The tenants 9 themselves will not pay anything extra. If naturally 10 the apartment warrants a higher rent, what it would, 11 that would be taken care of through Section 8. 12 COUNCIL MEMBER DICKENS: All right. 13 Thank you so much. 14 CHAIRPERSON GARODNICK: Thank you very 15 much. 16 And Council Member Dickens, just 17 before we close the hearing, I just want to make 18 sure you feel you've heard sufficiently from HPD to 19 be able to satisfy yourself on this application or 20 whether there is more information that you need? 21 COUNCIL MEMBER DICKENS: Mr. Chair, 22 under the circumstances I reluctantly support this 23 action, and I ask HPD to work with the Land Use 24 Committee of the Council or the Speaker's Office to 25 develop a TIL program that makes sense and will 12 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 provide better results in the future. 3 Because you know, Carol, I have been 4 complaining about the TIL program since I've been 5 here for two and a half years, and prior to that I 6 have been complaining about the TIL program, because 7 what it's set up to do is great, except it hasn't 8 done that, and it has failed and so many of the TIL 9 buildings are now being put back into HPD's 10 portfolio, and I'm concerned about that. 11 So, I am supporting this -- do you 12 have a statement you want to make? Then I'll stop. 13 ASSISTANT COMMISSIONER CLARK: No, I 14 appreciate what you're saying and we will take that 15 back. 16 It's my understanding that the number 17 of TIL properties that do fail is less than ten 18 percent overall in the history of the -- 19 COUNCIL MEMBER DICKENS: Well, they 20 must all be in my district. 21 ASSISTANT COMMISSIONER CLARK: But 22 that is a figure that I have been given by the 23 Associate Commissioner Emory Hendrickson (phonetic), 24 who, as you know, has overseen that program years. 25 COUNCIL MEMBER DICKENS: Well, the TIL 13 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 program makes sense, but we're beginning to hear a 3 lot of problems, and this isn't the first one that 4 is in my district that I'm having problems with. So, 5 maybe all the ten percent are in mine. 6 But as you already know, if you don't 7 own the community, then it can be taken away from 8 you at any time. 9 I thank my Chairman for the time, and 10 request my colleagues' support on this item. 11 Thank you. 12 CHAIRPERSON GARODNICK: Thank you very 13 much, Council Member Dickens. 14 With that, and seeing no other 15 members of the public wishing to testify on this 16 item, we'll close the hearing on Land Use No. 706, 17 non-ULURP 20085402 HAM, and open the hearing on Land 18 Use No. 759, non-ULURP 20085533 HAK, 572 Pacific 19 Street in Brooklyn, in the district of Council 20 Member David Yassky. 21 Ms. Clark. 22 ASSISTANT COMMISSIONER CLARK: Yes, LU 23 759 consists of the proposed disposition of one 24 vacant City-owned building that's located, as you 25 noted, Mr. Chairman, at 572 Pacific Street, through 14 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 HPD's Asset Sales Program. The proposed sponsor, 572 3 Pacific Street, Ltd Liability Corporation will 4 rehabilitate the 11 single-room occupancy dwelling 5 units. 6 Upon completion the project will 7 provide four rental dwelling units. 8 Council Member Yassky has been 9 briefed and has enthusiastically expressed his 10 support for this project. 11 CHAIRPERSON GARODNICK: Thank you. 12 I note his enthusiastic endorsement. 13 Should we take that to mean, Ms. Clark, that when 14 you do not include enthusiastic in the endorsement, 15 that it was less than enthusiastic from the Council 16 members involved? 17 ASSISTANT COMMISSIONER CLARK: As a 18 matter of fact, this particular building has been 19 vacant and has been a blight. 20 I have been working now at HPD for 21 six years and over that entire six-year period his 22 office has been in regular contact with us, so 23 they're delighted that the building is now going 24 back on the tax rolls. 25 CHAIRPERSON GARODNICK: Okay, thank 15 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 you. I was only teasing you. But it's a rehab from 3 11 units to four units, you said? 4 ASSISTANT COMMISSIONER CLARK: Yes, 5 sir. 6 CHAIRPERSON GARODNICK: And the 7 ultimate result will be units that are rented to, 8 these four units will be rentals? 9 ASSISTANT COMMISSIONER CLARK: No, 10 it's a sales project. 11 CHAIRPERSON GARODNICK: Okay, then 12 tell us what the sale component is and how exactly 13 that will happen. 14 ASSISTANT COMMISSIONER CLARK: The 15 sales price is actually in excess of the appraise 16 value. The appraised value on the building is 17 $800,000 and the sales price is $850,000. It will be 18 bid through a standard HPD marketing procedure. 19 CHAIRPERSON GARODNICK: And 20 restrictions on future sale? 21 ASSISTANT COMMISSIONER CLARK: 22 Standard restrictions will apply on future sales, 23 such that if there is any future sale -- well, in 24 this case actually there is no subsidy involved, so 25 if there is a future sale, it will be open market. I 16 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 stand corrected. 3 CHAIRPERSON GARODNICK: Thank you. 4 And seeing no members of the public 5 wishing to testify on this item, Land Use 759, 6 non-ULURP No. 20085533 HAK, we'll close the hearing 7 on this item, and note that we've been joined by 8 Committee Member Sara Gonzalez, we welcome her, and 9 open the hearing on Land Use No. 760, non-ULURP No. 10 20085534 HAK, five property addresses in the 11 District of Council Member Erik Martin Dilan. 12 Ms. Clark. 13 ASSISTANT COMMISSIONER CLARK: Right. 14 LU 760, known as "Bushwick West," 15 consists of the proposed disposition of six vacant, 16 non-contiguous City-owned blocks, located on Wilson 17 Avenue, Putnam Avenue, Linden Street and Halsey 18 Street, in Brooklyn under HPD's New Foundations 19 Program. The sponsor, Highland Buildings, will 20 construct six, three-family homes with a total of 18 21 units, for sale to eligible purchasers. 22 Council Member Dilan has reviewed the 23 project and indicated his support. 24 CHAIRPERSON GARODNICK: I'm sorry, the 25 name of the entity that will be rehabilitating -- 17 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 ASSISTANT COMMISSIONER CLARK: It's 3 Highland Builders. 4 CHAIRPERSON GARODNICK: And how was 5 Highland Builders selected? 6 ASSISTANT COMMISSIONER CLARK: It was 7 the New Foundations Request for Proposal that was 8 issued in August of 2005, so it was a competitive 9 process. 10 CHAIRPERSON GARODNICK: Thank you. 11 And the sale of these units to 12 individuals based on what criteria? 13 ASSISTANT COMMISSIONER CLARK: The 14 income targets of the individuals are estimated to 15 be up to 80 percent of the area median income for 16 61,450 for a family of four. 17 The sales price on the units are 18 between 425- and 450,000 dollars. 19 You'll remember that New Foundations 20 is when the property is purchased it's a 21 multi-family property, small, two, three-family 22 property, purchased by someone and then they rent 23 out their units to help them pay for the mortgage 24 obligation. 25 CHAIRPERSON GARODNICK: Right. 18 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 Thank you. 3 Seeing no members of the public 4 wishing to testify on this item and you indicated 5 that Council Member Dilan has dare we say 6 enthusiastically supported this application. 7 ASSISTANT COMMISSIONER CLARK: Dare we 8 say indeed yes. 9 CHAIRPERSON GARODNICK: Okay. Thank 10 you. 11 We will close the hearing on Land Use 12 No. 760, non-ULURP 20085534 HAK, and open the 13 hearing on Land Use No. 761, non-ULURP No. 20085535 14 HAK, four addresses in the district of Council 15 Member Domenic M. Recchia, Brooklyn. 16 ASSISTANT COMMISSIONER CLARK: Right. 17 LU 761, which is known as Mermaid West 16th Street, 18 consists of the proposed disposition of five vacant 19 City-owned lots, located on Mermaid Avenue, Canal 20 Avenue and West 16th Street in Brooklyn, under HPD's 21 New Foundations Program. 22 The proposed sponsor, the Estella 23 Development Corporation, will construct six 24 buildings with a total of 14 residential and two 25 commercial condominium units. 19 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 In addition, the sponsor will 3 construct two two-family homes. The proposed project 4 will provide a total of 18 residential units. 5 Council Member Recchia has reviewed the project and 6 enthusiastically indicated his support. 7 CHAIRPERSON GARODNICK: Thank you very 8 much. 9 Estella was chosen in this process 10 how? 11 ASSISTANT COMMISSIONER CLARK: The 12 same RFP from August of 2005, the New Foundations 13 RFP was applied and there was a competitive process. 14 CHAIRPERSON GARODNICK: Thank you. And 15 in addition, this is also up to 80 percent of AMI; 16 is that correct? 17 ASSISTANT COMMISSIONER CLARK: This 18 one is actually up to 130 percent of the Area Median 19 Income, which for a family of four is 102,700 20 dollars. 21 CHAIRPERSON GARODNICK: Thank you. 22 Seeing no members of the public 23 wishing to testify on this item, Land Use No. 761, 24 non-ULURP 20085535 HAK, we will close the hearing on 25 that item and open the hearing on the last time that 20 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 we will hear today, which is Land Use No. 764, 3 non-ULURP No. 20085538 HAR, which is in Staten 4 Island, 200 Vanderbilt Avenue in the district of 5 Council Member Mike McMahon. 6 Ms. Clark. 7 ASSISTANT COMMISSIONER CLARK: Right. 8 LU 764 consists of the proposed disposition of an 9 occupied City-owned one-family home located at 200 10 Vanderbilt Avenue in Staten Island through HPD's 11 Asset Sales Program. 12 The proposed sponsor, Infinite 13 Horizon, LLC, will bring the building back to code 14 and conserve the existing tenancy. 15 Council Member McMahon has been 16 briefed and expressed his support for the project. 17 CHAIRPERSON GARODNICK: So the 18 building today at 200 Vanderbilt Avenue is not in 19 code. It's not consistent with the code; is that 20 correct? 21 ASSISTANT COMMISSIONER CLARK: It has 22 code violations, that's correct. 23 CHAIRPERSON GARODNICK: Okay. And 24 Infinite Horizon was selected how? 25 ASSISTANT COMMISSIONER CLARK: It was 21 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 selected through a competitive process where they 3 had to qualify in our Asset Sales Program, 4 demonstrating both their financial ability and their 5 technical ability to carry out the rehabilitation 6 work that's necessary. 7 CHAIRPERSON GARODNICK: Thank you. 8 So, it's disposition to Inifinite 9 Horizon which will rehabilitate, bring up to code 10 and keep the current family that is currently 11 residing in the building? 12 ASSISTANT COMMISSIONER CLARK: Yes, 13 that's correct. 14 CHAIRPERSON GARODNICK: And will they 15 need to relocate during the time that such 16 renovation is going on? 17 ASSISTANT COMMISSIONER CLARK: That's 18 a question that I'm afraid I don't have the answer 19 to. But I can get back to you with that information. 20 Looking at the picture, it's a 21 one-family house, I'm guessing that they will be 22 relocated, but it's also possible that they will 23 stay in the building. 24 I'll get back to you with that. 25 CHAIRPERSON GARODNICK: Please. 22 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 And we, of course, this will go to 3 the full Land Use Committee and in the interim if 4 you could find that information for us -- 5 ASSISTANT COMMISSIONER CLARK: We'll 6 get it to you today. 7 CHAIRPERSON GARODNICK: But you have 8 indicated that Council Member McMahon is in support 9 of this application. 10 ASSISTANT COMMISSIONER CLARK: He is. 11 CHAIRPERSON GARODNICK: So, in 12 reliance on that we'll move forward. 13 And seeing no other members of the 14 public wishing to testify on Land Use No. 764, 15 non-ULURP 20085538 HAR, we will close the hearing on 16 that item, and in that that is our last item of the 17 day, and based on the recommendations of the Council 18 members in whose district these properties sit and 19 the hearing today, I will recommend an aye vote on 20 the items that we heard today and I will remind 21 everyone that is Land Use 706, 759, 760, 761 and 22 764, all other items being laid over at the request 23 of the individual Council members in whose district 24 t he properties sit, and with that, again, the Chair 25 recommends an aye vote on all the items that we 23 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 heard today. 3 And I will ask the Counsel to call 4 the roll. 5 COUNSEL TO COMMITTEE: Chair 6 Garodnick. 7 CHAIRPERSON GARODNICK: Aye. 8 COUNSEL TO COMMITTEE: Council Member 9 Gonzalez. 10 COUNCIL MEMBER GONZALEZ: Aye. 11 COUNSEL TO COMMITTEE: Council Member 12 Dickens. 13 COUNCIL MEMBER DICKENS: Aye. 14 COUNSEL TO COMMITTEE: Council Member 15 Ignizio. 16 COUNCIL MEMBER IGNIZIO: Yes, I'd like 17 to vote aye. But I also congratulate our friend and 18 Chairman Dan Garodnick for getting married this past 19 Saturday. Congratulations to you. 20 You know, we're a small Committee, 21 but we love each other. 22 CHAIRPERSON GARODNICK: Thank you for 23 that. I do appreciate it, and the grand total? 24 COUNSEL TO COMMITTEE: Four in the 25 affirmative, none in the negative, and no 24 1 PLANNING, DISPOSITIONS AND CONCESSIONS 2 abstentions, the items are referred to the full 3 Committee. 4 CHAIRPERSON GARODNICK: Thank you. 5 And with that, I appreciate it, and 6 we are adjourned. Thank you. 7 (Hearing concluded at 1:35 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 1 2 CERTIFICATION 3 4 5 STATE OF NEW YORK ) 6 COUNTY OF NEW YORK ) 7 8 9 I, CINDY MILLELOT, a Certified 10 Shorthand Reporter, do hereby certify that the 11 foregoing is a true and accurate transcript of the 12 within proceeding. 13 I further certify that I am not 14 related to any of the parties to this action by 15 blood or marriage, and that I am in no way 16 interested in the outcome of this matter. 17 IN WITNESS WHEREOF, I have hereunto 18 set my hand this 20th day of May 2008. 19 20 21 22 23 --------------------- 24 CINDY MILLELOT, CSR. 25 26 1 2 C E R T I F I C A T I O N 3 4 5 6 7 8 9 I, CINDY MILLELOT, a Certified Shorthand 10 Reporter and a Notary Public in and for the State of 11 New York, do hereby certify the aforesaid to be a 12 true and accurate copy of the transcription of the 13 audio tapes of this hearing. 14 15 16 17 18 19 20 21 22 23 24 ----------------------- CINDY MILLELOT, CSR. 25