Monday, August 20, 2018

BRONX MEN INDICTED FOR ROBBING, ASSAULTING OFF-DUTY LONG ISLAND COP IN THE BRONX


Defendants Allegedly Beat Victim And Robbed His Gold Chains; Victim Shot Defendants and Himself During Altercation

  Bronx District Attorney Darcel D. Clark today announced that two Bronx men have been indicted for robbing and assaulting an off-duty Hempstead, L.I. police officer who was driving in the Bronx. 

 District Attorney Clark said, “The defendants, along with others, allegedly assaulted the off-duty police officer as they stole several gold chains he was wearing. The victim fired his gun and wounded two defendants, as well as himself, during the fight, and suffered a serious wound to his leg.” 

 District Attorney Clark said the defendants, Saikou Sumareh, 20, of 1470 Grand Concourse, and Musa Krubally, 24, of 303 East 135 Street, were arraigned today on two counts of first-degree Robbery, three counts of second-degree Robbery, third degree Robbery, and first-degree and second-degree Assault before Bronx Supreme Court Justice Efrain Alvarado. Sumareh’s bail was set at $50,000 cash/$50,000 bond, while Krubally’s bail was continued at $75,000 cash/$150,000 bond. The defendants are due back in court on December 17, 2018. 

 According to the investigation, on July 21, 2018 at the corner of Sedgwick Avenue and Hall of Fame Terrace, the victim, Joseph Page, was driving his SUV and was struck from behind by a dark-colored Toyota sedan. The victim and the driver of the Toyota exited their vehicles, and a red Nissan sedan pulled up and the two defendants emerged from the vehicle. Another individual exited the Toyota and the four men allegedly assaulted the victim and stole his gold chains.

 According to the investigation, the victim said he saw the butt of a firearm and subsequently pulled out his own gun and fired at the individuals. Sumareh was shot in the arm and abdomen and Krubally was shot in the abdomen. The victim suffered from a self-inflicted gunshot. The investigation is continuing.

 District Attorney Clark thanked NYPD Detective Charles Awani and Lieutenant Carlos Lopez of the 46th Precinct for their assistance in the investigation. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

Mayor de Blasio, Assembly Speaker Heastie & Local Elected Officials Break Ground on New YMCA Community and Recreational Facility in Edenwald


The state-of-the-art facility will create 100 permanent jobs and include two pools, a full basketball court, and programming for New Yorkers of all ages


Mayor Bill de Blasio, Assembly Speaker Carl Heastie, local elected officials and community stakeholders broke ground today on a new YMCA community and recreational facility in the Edenwald neighborhood of the Bronx. The 50,000 square-foot facility will serve as a valuable resource to the community, offering two swimming pools, a full length basketball court, gym facilities, an indoor track, a wellness center, a childcare facility and multi-purpose rooms.
 
The center will also provide childcare, afterschool and summer camp, classes to improve health and wellness, and activities to strengthen the community, including senior adult programs and civic classes for new Americans. The recreational facility is expected to serve thousands of New Yorkers by year four of operations.
 
“Every New Yorker should have access to the tools to improve and maintain their wellness regardless of zip code. The Edenwald YMCA will be a resource for the entire community – from parents looking for summer camp for their children to seniors who want to stay active. This new YMCA is an investment in the health of all those who call the North East Bronx home,” said Mayor de Blasio. 
 
“Today’s ground breaking ceremony marks a historical milestone for the Northeast Bronx,” said Assembly Speaker Carl E. Heastie. “This state-of-the-art recreational facility will be a welcomed addition to the community. By opening a YMCA here, we have illustrated the importance of making lasting investments into the health, wealth, education, and overall well-being of often overlooked communities. For this I would like to thank Mayor de Blasio, Borough President Diaz Jr, Councilman King, and all our community leaders for coming together to make this project a reality, our unwavering efforts have resulted in a win for the Bronx.”

“This much-anticipated new YMCA in Edenwald will provide the Northeast Bronx with a state-of-the-art community center and recreation space, and I am proud to have helped move this project forward with $3 million from my own capital budget,” said Bronx Borough President Ruben Diaz Jr. “The entire Bronx is excited for this new YMCA, and I want to thank the NYCEDC, Mayor de Blasio, Speaker Heastie, Council Member King, and other stakeholders for their continued partnership on this transformative community development.”
 
“We’re thrilled to join with so many friends, partners, and leaders to celebrate the groundbreaking of our new YMCA in the Northeast Bronx,” said Sharon Greenberger, President & CEO of the YMCA of Greater New York. “We’re here because more than 30 years ago this community had a vision. They wanted a safe place for their children to learn, for residents to get healthy, and for the community to connect. The YMCA knows what it means to take care of people, to show up every day, and to make a difference. We’re proud to stand with our partners and look forward to serving and strengthening this community for decades to come.”

“This project is proof that when elected officials, local leaders, and the community come together, big things can happen,” said Congressman Eliot Engel. “With brand new, state-of-the-art facilities and wonderful community programming, this new YMCA will be a truly transformative addition to the Northeast Bronx. I want to thank Speaker Heastie, whose tremendous leadership and vision helped bring us to this special day. 
 
“I am beyond excited to have this brand-new state-of-the-art YMCA open in the district,” said NYS Senator Jamaal Bailey. “This long-awaited new facility will offer programs, jobs, and resources for the community. Senator Bailey added that he had to travel to benefit from programs at the Y he went to as a child, but now his two children will have a Y right in their own neighborhood.

“I am excited to see the YMCA come to its fruition in 2018 during my tenure,” said Council Member Andy King, 12th District. “For decades, community organizers and elected officials worked to make the dream of a full-service wellness facility in our community a reality. Today’s groundbreaking ceremony solidifies a commitment to strengthening our community and families by providing a site for activities for our children after school. It also comes with opportunities that include the creation of jobs, education, and fitness programs for our residents of all ages, all backgrounds, and income levels. The North Bronx Y building will embody the boldness of community strength, healthy living, and well-being,”
 
“This is a great day for the Northeast Bronx,” said Bronx District Attorney Darcel D. Clark. “This community has waited for years for a place where seniors, adults, and children of all ages can come together under one roof to workout, learn, and improve their quality of life. DA Clark added that she can't wait as a resident of the area to use the new YMCA when it opens.

The site is in close proximity to two New York City Housing Authority developments, Edenwald and Baychester Houses, two of the largest public housing developments in the Bronx. Located at 1250 East 229th Street, the wellness facility will sit on the eastern portion of the city-owned site, which is under the jurisdiction of the New York City Administration for Children’s Services, and currently houses the Christopher School and two cottages for children with special needs.


Above - It seemed almost everyone wanted their picture taken with the mayor. 
Below - The ceremony began as you see who was sitting where.




Above - Mayor Bill de Blasio commended the local elected officials for putting this project together, and being able to finally see it happen.
Below - Public Advocate Letitia James was very happy to see this new Y get on track to be built.




Above - Bronx Borough President Ruben Diaz Jr. points to the place where ground will be broken for the new Y.
Below - Assembly Speaker Carl Heastie (and local state assemblyman) tells of the ten year struggle to get this dream a reality.




Above - State Senator Jamaal Bailey was happy to be a part of getting this new Y on track.
Below - The ever colorful Councilman Andy King also spoke of the years in getting this y to reality.




Unfortunately the speeches ran a little long as Mayor de Blasio had to slip away before the ground breaking to travel to Brooklyn for his next event. It almost looks however like there may not have been a shovel or enough room for him anyway. 

Dan Padernacht - Great News! I'm running for City Council.


Dear Friends and Neighbors,  

It is with great excitement and anticipation that I am writing to ask you to support my campaign for City Council in New York City’s 11th District.

My family has lived in the Northwest Bronx for 3 generations. My grandfather, Sydney, a member of Local 32BJ, lived and worked in our community. My father, Howard, attended Dewitt Clinton High School and lived and worked here his whole life. My mother, Pamela, was a local school teacher here for over 30 years. I am proud to say that it is my dream to continue in their tradition of excellence and service by representing you in the City Council.  

I have served on Community Board 8 for 10 years, where for 6 years I was Chair of the Traffic and Transportation Committee. In 2014, I was elected Board Chair and thereafter headed the city agency for 3 years. I am currently Chair of the Traffic and Transportation Committee, Vice Chair of the Land Use Committee, and have served on several other committees including Public Safety, Housing and the Hudson River Greenway committees.   

Every day I run a law practice in our community where I counsel individuals on the purchase and sale of their homes, business formations and other personal matters. I am part of a project team creating over 450 apartments of affordable housing in the Bronx. I acted as pro-bono counsel for the Fort Independence Park Neighborhood Association (FIPNA) in a lawsuit against the City to preserve the character and quality of our neighborhood. I have also represented numerous tenants pro-bono in housing disputes. The New York City Council is a legislative body and my experience as an attorney gives me the skill set to be an effective council member fighting for our community.

As your Councilman, I will work to improve our quality of life, reduce crime, protect our environment, and make sure our tax dollars are spent wisely. I will fight to create better public schools, community centers and transportation. I will prioritize local businesses which help mold our neighborhoods and I will make sure our seniors receive the care and services they have worked a lifetime to deserve. I will draft and vote on changes in
our zoning laws that make sense for the people in our community and the City.

Whether you reside in Riverdale, Wakefield, Woodlawn, Van Cortlandt Village, Bedford Park, Kingsbridge, Marble Hill, Norwood or Spuyten Duyvil, I understand the needs of each neighborhood are specific to its residents, and as your Councilman I will treat those needs with the attention and passion that are required to address them with the utmost success. This is why I need your help right now.

Will you join our campaign for a better District 11 by contributing today?  
  
Over the upcoming months I look forward to meeting you in our streets, our parks, our businesses and in your homes. Together, I know we can stand up and make sure our community’s future is a top priority at City Hall. I would be honored to earn your vote.
Respectfully,
Dan Padernacht


Your small-dollar contribution to Daniel A Padernacht can make a big difference! Contributions from NYC residents up to $175 may be matched $6-to-$1 by the Campaign Finance Program

  

LET'S CONNECT

BRONXVILLE DEMOCRATIC COMMITTEE ENDORSES ALESSANDRA BIAGGI


  The Bronxville Democratic Committee announced it is endorsing Alessandra Biaggi for State Senate in District 34 in the Democratic primary on Thursday, September 13. This is the first time the Committee has endorsed in a Democratic primary.

“The Bronxville Democratic Committee proudly endorses Alessandra Biaggi for State Senate.  Alessandra will bring a fresh and energetic voice to Albany, and strongly advocate for progressive Westchester values,” said Bill Gaston, Bronxville Democratic Committee.

“It is no small thing for the Bronxville Democratic Committee to decide to endorse in a Democratic primary for the first time. I highly value their support and pledge to always be a firm, committed Democrat, working with the other Democrats in the State Senate,” Biaggi said.

One Brooklyn Fund's 2nd Annual Gala Wednesday, October 10, 2018 at The Brooklyn Museum




Come join us for an elegant evening of live jazz, dancing and networking with One Brooklyn Fund supporters.  We will honor Brooklyn businesses from across the borough who have contributed to their community over the years.  

One Brooklyn Fund supports initiatives that improve the lives of our borough’s residents. They include programs for seniors and youth, promoting health and fitness, helping connect those in need to resources, celebrating the culture of Brooklyn’s diverse populations, and supporting philanthropic and cultural activities in neighborhoods from Greenpoint to Gerritsen Beach.  

Hope to see you there!

 

A portion of your ticket purchase will be tax-deductible to the extent provided by law (Tax ID No. 46-5189061).  In accordance with The New York City Conflicts of Interest Board (COIB) Guidance, the Office of the Brooklyn Borough President does not accept donations from individuals or organizations with business or pending business before it. Your support will not affect any future business dealings or the disposition of other matters between your organization and the Office of the Brooklyn Borough President.


DEMOCRACYNYC: MAYOR DE BLASIO ANNOUNCES EXTENSIVE INACTIVE VOTER OUTREACH AND WAGE INCREASES FOR BOE POLL WORKERS


  As part of the City’s DemocracyNYC agenda, Mayor Bill de Blasio announced that the Mayor’s Public Engagement Unit will be conducting extensive, non-partisan outreach to more than 561,000 inactive voters to ensure that they remain registered and to avoid any possibility of removing eligible voters from voter rolls.

The Mayor also announced that the City will be raising wages for Board of Elections poll workers. Currently, BOE poll workers are paid a daily salary of about $200, which comes out to an hourly rate of $12.50 an hour for a 16 hour work day. The City will now raise their daily wages to $250, which comes out to an hourly rate of $15 an hour. The raise not only meets new minimum wage standards, but also will help recruit and retain more qualified workers and likely increase the efficiency of poll site operations.

“We’re taking significant steps to increase the efficiency of our electoral system and to avoid a repeat of what happened in 2016, when countless New Yorkers were purged from voter rolls,” said Mayor Bill de Blasio. “By having my Administration reach out directly to inactive voters and by raising the wages of some of the most important people in our electoral process, we’re strengthening our Democracy and preserving New Yorkers’ right to vote.”

“Voting is at the core of our democracy and we will continue to fight for every New Yorker to be able to exercise their right on Election Day,” said Deputy Mayor for Strategic Policy Initiatives J. Phillip Thompson. “Contacting potentially ineligible voters and increasing wages for poll workers are tangible actions that will positively impact on our elections and continue the Mayor’s bold vision for DemocracyNYC to make New York City the fairest city in America.”

“It is vital that New Yorkers are made aware of their voting eligibility and can take the appropriate steps to participate in elections,” said Mayor’s Public Engagement Unit Acting Director Eric Rotondi. “Proactively reaching out to all of these New Yorkers will help ensure they can make their voices heard on Election Day and shape the future of their city.”

“Increased resources for the Board of Elections has long been a priority for me. The Assembly Majority strongly supports efforts to increase access to the polls and improve the efficiency the voting process at polling places,” said Assembly Speaker Carl Heastie. “The future of our families and communities depend on New Yorkers’ ability to exercise their right to vote. This initiative will help keep New Yorkers informed and ensure that they remain registered to vote.”

New Yorkers are added to an inactive voter list when the BOE receives information from other government entities, such as the DMV, that indicates a person no longer resides at their registered address and if they fail to respond to a residence confirmation notice. These voters are removed from voter rolls if they do not vote in one of the next two federal elections. Inactive voters must confirm their address with the BOE or submit a registration 20 days before a special, primary or general election.

Typically, the BOE sends one notification to inactive voters reminding them to confirm their address or submit a new registration. The de Blasio Administration, through the Mayor’s Public Engagement Unit, will now be conducting direct outreach with follow up to inactive voters using robo calls and postcards, encouraging the more than 561,000 inactive voters to respond to the BOE. Additionally, PEU will let voters know that even if they are not on the voter list on Election Day, they can still vote via an affidavit ballot at their polling site. This outreach will begin immediately. New Yorkers can confirm their voter registration status online through the New York State Board of Elections atvoterlookup.elections.ny.gov or by calling the New York City Board of Elections at 1-866-VOTE-NYC (1-866-868-3692).

The Mayor also called on the BOE to follow requirements outlined in a 2017 Consent Decree, which was signed by the BOE after countless voters were purged from voter rolls in 2016. The Consent Decree requires the BOE to provide monthly and annual reports on voter list maintenance, including a review of every cancelled voter since 2013. The information will help provide insight on the number of disenfranchised voters and allow the City to follow up with these voters directly.

Saturday, August 18, 2018

STREET CO-NAMING CEREMONY HONORING DETECTIVE JOSEPH LEMM



  The corner of Bayshore Avenue and Ampere Avenue in the Country Club section of the Bronx had a new covered sign on the pole just below the Bayshore Avenue sign. 


Above - Police officers from the Warrants Squad were lined up by a painting of one of their own Detective Joseph G. Lamm (nicknamed Superman) who was killed on December 21, 2015 while on active duty in Afghanistan. Air Force Technical Sergeant Lamm and five other Americans were killed by a suicide bomber who rammed a motorcycle loaded with explosives into their motorcade.
Below - Members of the 105th Base Defense Squadron USAF who served with Sergeant Lamm were on hand for the street renaming for their fallen comrade in arms




Above - Mayor Bill de Blasio thanked the hundreds of people who were in attendance for this street renaming. The mayor acknowledged State Senator Jeff Klein, and Councilman Mark Gjonaj representatives of the area, and went on to speak highly of Detective Joseph Lamm for his duty to the city as a Warrants Detective, and his service to his country as an Air Force Technical Sergeant. The mayor tried to console the two children of Detective Lamm by saying that it is difficult to lose a loved one such as your father at a very young age, but that he had lost his father who served in World War Two shortly after returning home from the war. 
Below - State Senator Jeff Klein and Councilman Mark Gjonaj also spoke. 




Above - Chief of Detectives Dermot Shea who stood in for Police Commissioner O'Neil, said that the city was privileged to have her husband do such a great job on the NYPD. 
Below - Christine DeGuisto Lemm, wife of Detective Joseph Lamm holding on to one of her sons was able to keep the tears back as she thanked everyone who was involved in her husbands life, and in this memorial to her fallen husband. 




Above - The cover was taken off the sign renaming the corner for Detective Joseph G. Lamm Technical Sergeant USAF.
Below - Three NYPD helicopters flew over after the sign was uncovered. 




Above -The Lamm family was given a second ceremonial street sign. 
Below - Christine DeGuisto Lemm, Mayor de Blasio, Chief Shea, and members of the 105th Base Defense Squadron USAF pose for a photo. 



MAYOR DE BLASIO AND SPEAKER JOHNSON CELEBRATE SIGNING OF WASTE EQUITY LEGISLATION


New legislation reduces waste capacity in historically overburdened communities and advances borough equity in waste infrastructure

  Mayor Bill de Blasio signed legislation that will reduce the amount of waste that can be taken at transfer stations in four neighborhoods that bear the brunt of the city’s waste management infrastructure. Intro 157-C, known as the Waste Equity bill and sponsored by Council Member Antonio Reynoso, provides much needed relief to communities in the Bronx, Brooklyn and Queens that have disproportionately shared the city’s waste management infrastructure and will prohibit the creation of new waste transfer stations in neighborhoods that handle at least 10 percent of the City’s waste.

“For far too long, a few communities have been saturated by waste transfer stations and resulting truck traffic. We are creating a more equitable city by shifting the burden away from those communities, and protecting other neighborhoods from facing this inequity in the future,” said Mayor Bill de Blasio. “Half a million fewer tons of trash in these neighborhoods each year means cleaner air, less congested streets, and safer environments for our kids.”

“Low-income communities have been overburdened by the amount of waste handled for far too long. North Brooklyn, the South Bronx and Southeastern Queens have – for generations – been dumping grounds for this city’s waste. This law will place a limit on the amount of trash moving in and out of neighborhoods that for years have taken on an unfair burden. I thank Council Members Antonio Reynoso and Stephen Levin for their leadership on this and Mayor Bill de Blasio for his support,” said City Council Speaker Corey Johnson.

“This legislation will bring much needed relief to these communities that have borne the burden of our waste management infrastructure for far too long,” said Sanitation Commissioner Kathryn Garcia. “Residents of North Brooklyn, the South Bronx and Southeast Queens have fought for decades to achieve justice. I want to thank the sponsors of this legislation for their relentless efforts to bring relief to these overburdened communities.”

The law reduces the amount of waste that can be processed at waste transfer stations in certain neighborhoods, and will dramatically reduce truck traffic associated with garbage collection in neighborhoods that have historically handled the majority of the city’s waste. Through this plan, neighborhoods including the South Bronx, Northern Brooklyn, and Jamaica will decrease their share of the City’s overall waste-collection capacity and will ensure that capacity is more equitably distributed throughout the city. The bill also restricts the construction of new waste transfer stations or additional permitted capacity in overburdened neighborhoods to ensure a decrease in truck-related traffic, pollution, and subsequent negative health effects on people living in those neighborhoods. Combined, these initiatives will decrease pollution-related health effects in neighborhoods in the Bronx, Brooklyn, and Queens while forging a more equitable sanitation infrastructure that balances infrastructural burdens across all boroughs.

The law marks the final chapter of the City’s Solid Waste Management Plan, which will dramatically reduce truck traffic associated with waste collection and hauling in neighborhoods historically overburdened by waste processing infrastructure, including North Brooklyn, the South Bronx and Southeast Queens. DSNY estimates that this bill will move between 1200 and 1800 tons per day of waste out of these neighborhoods, which means 120 to 180 trucks per day (on average) that will no longer dump waste in these four overburdened community boards, and about 60 tractor trailers per day that will no longer haul waste out of these neighborhoods.

In 2017, these four districts received a total of 15,045 tons per day of waste. See below.

District Tons per day
BX01 3824
BX02 2537
BK01 7003
QN12 1682

The bill will reduce the amount of waste that at private transfer stations can accept by 50 percent in North Brooklyn and 33 percent in the South Bronx and Southeast Queens. It also promotes the development of new recycling and organics processing capacity and provides exemptions for waste transfer stations that export waste by rail. The capacity reductions will take effect at each transfer station’s annual permit renewal beginning October 1, 2019.

It also prohibits the creation of new transfer station capacity in the future in any community board that already has an unfair share of waste infrastructure. The bill requires the Sanitation Department to submit an annual report on waste transfer stations and create a voluntary displaced employee list for any employees of transfer stations that close as a result of this law.

Today’s bill signing marks the final chapter of the City’s Solid Waste Management Plan (SWMP), which was adopted by the City Council in 2006 and is based on the concept of borough equity – that no borough should be responsible for managing another’s garbage.

After the closure of the Fresh Kills landfill in 2001, almost all of city’s waste was exported by long-haul truck from privately-operated transfer stations. Because of zoning and siting restrictions, these stations were predominately located in three neighborhoods in North Brooklyn, Southeast Queens, and the South Bronx. As a result, these neighborhoods were disproportionately impacted with health concerns and other hazards associated with heavy truck traffic, including air pollution and increased risks for pedestrians and cyclists.

The SWMP has dramatically reduced truck traffic associated with waste collection by moving away from transporting waste by long-haul truck, to transporting waste through a system of marine and rail transfer stations spread throughout the five boroughs. When completed next year, this new waste transfer system will reduce truck traffic associated with waste export by more than 60 million miles per year (including more than 5 million miles in and around New York City) and slash greenhouse gas emissions by 34,000 tons annually. The SWMP will also offer the city flexibility and resiliency in the case of a natural disaster or other emergency by providing a new world class infrastructure.

Today, seven of nine long-term export facilities envisioned in the SWMP are open and operating, including two of the converted Marine Transfer Stations. In addition, the Southwest Brooklyn Marine Transfer Station is scheduled to open in the fall and the East 91st Street Marine Transfer Station in Manhattan is scheduled to open in spring 2019.

“It is a momentous day for North Brooklyn and environmental justice communities citywide” said Council Member Antonio Reynoso, Chair of the Committee on Sanitation and Solid Waste Management. “Intro 157’s enactment into law will finally provide protections for communities that have shouldered a disproportionate burden in the City’s waste processing system for decades. Low income communities of color will no longer serve as the dumping ground for the majority of the city’s trash. I applaud Mayor de Blasio for signing this legislation and Commissioner Garcia for being a critical supporter and partner. I want to thank the dozens of advocates who worked tirelessly to make today a reality and Speaker Johnson for shepherding this legislation through the Council. Today, folks in North Brooklyn, the South Bronx, and Southeast Queens can breathe easier knowing that future generations will not suffer from the high pollution and dangerous truck traffic associated with these transfer stations.”

EDITOR'S NOTE:

This legislation leaves loopholes in these overburdened communities, which could increase not decrease the amount of waste in these areas where there is rail transportation, such as the South Bronx. Here is the loophole in this legislation. "It also promotes the development of new recycling and organics processing capacity and provides exemptions for waste transfer stations that export waste by rail." 

Waste is already transported from the South Bronx Oak Point Yard in CB 2 to upstate New York or even out of state. The waste travels up the CSX/Metro North rail link along the Hudson line. 

On July 18th 2013 one such waste train derailed just north of the Metro North Marble Hill Station. The CSX Waste Train used a third rail to go around a Metro North passenger train (#781 local to Croton on the Harmon), that was held up in the station so the CSX Waste Train could pass it. Then the CSX Waste Train would return to the northbound track, but as the CSX Waste Train went to the main track it encountered a curve where nine cars from the middle of the train had derailed, spilling containers filled with waste on to all the tracks. A few busted open. 

Upon an investigation by Metro North and the NTSB of the Point of the Derailment investigators found that the insulators on the Pandrol Clips holding the rails to the concrete ties had slipped out of place slightly, with a noticeable gap between them and the rails in some areas. At the POD the rail was Bowed slightly outward resulting in a 5/16-inch (7.9 mm) variance from gauge. 

The NTSB concluded that the  result in soil infiltration of the underlying ballast, which had in itself been the result of inadequate drainage. As trains passed over this section of track, the stored water was pumped within the ballast, compromising the tracks ability to support the train. Eventually the ties began to crack in the center and abrade at the ends, and the rails themselves begin to cant outwards, gradually exceeding permitted gauge limits, as the track had in this case. The NTSB faulted Metro North for failing to follow its own maintenance schedule.