What You Should Know

By Senator Rev. Rubén Díaz
32nd Senatorial District, Bronx County, New York

My Vote against Peter Rivera for New York State Labor Commissioner

When a person is elected to a public office to protect and defend the poor and the needy, and instead that person creates a collection agency to harass and scare the same constituents he is supposed to defend and protect, when his constituents receive scary and threatening letters because they are not able to pay their bills. When that elected official just makes money from what he or she collects and hides his or her interests in the company so he can go back at election time and ask the same people to vote for him, that person deserves not only to be rejected by the voters, but should not be rewarded with a Commissioner’s post or any other post.

 

You should know that there are many reasons why I should be happy, excited and overwhelmed with Assemblyman Peter Rivera being named as the New York State Labor Commissioner. First, Assemblyman Peter Rivera is a Puerto Rican like me. Second, he is someone that I have known since 1975 when I was a student at Lehman College in Bronx County.  Third, in 1992 it was only Jose Rivera, Anna York and I who took Peter Rivera by the hand, knocked on doors for him, hung posters for him, let him use my campaign truck with music, and did everything possible to get him elected as a State Assemblyman. Fourth, Assemblyman Peter Rivera is an elected official who represents the district where I reside and the district that I represent in the New York State Senate.  

 

You should know that those same reasons that should make me happy, excited and overwhelmed, are the same reasons that compelled me to be the only State Senator who voted against Assemblyman Peter Rivera’s nomination to become the New York State Labor Commissioner.

 

It is well known that no Senator goes against a governor’s nomination and no Senator votes against what the governor wants.   But as you know, this is not the first time that I have been the only Senator who stood proudly on the Senate floor and voted no.

 

I was the only Democratic Senator that stood on the Senate floor and voted against Same Sex Marriage. I was the only Democratic Senator that stood up on the Senate floor and spoke against the Governor’s budget because it was oppressive, it cut services to the poor and it hurt the needy in our communities, especially senior citizens. I was one of only two Democratic Senators to vote against it. The other one was Senator Tom Duane.

 

You should know that my voice, my career and my life have always been to protect senior citizens, the needy and the voiceless.  When I hear that an elected official is taking advantage of his constituents and is part of a company that sends scary letters and takes away the resources of senior citizens and the poor because they have not paid their bills, I believe that the elected official should not be part of the New York State Senate, the New York State Assembly, or any elected body.,  And that is why I proudly voted against the nomination of Assemblyman Peter Rivera. 

 

I am State Senator Rev. Rubén Díaz and this is what you should know.

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STATEMENT FROM BOROUGH PRESIDENT DIAZ

RE: Tonight’s Vote of the Rent Guidelines Board

“Year after year, the Rent Guidelines Board votes to increase rents for tenants in New York City, failing to ever offer any relief to the poor and middle-class of our City. A rent increase this year would be especially worrisome, given how hard this economic downturn has hit City residents, many of whom have not seen their own paychecks increase over the past year.

“This evening, I call on the Rent Guidelines Board to do the right thing by the families of this City and reject any proposed rent increase,” said Bronx Borough President Ruben Diaz Jr.

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Croton Facility Monitoring Committee Meeting

Agenda

Croton Facility Monitoring Committee Meeting

Thursday, June 21, 2012 – 7:00 PM

DEP Office – 3660 Jerome Avenue, Bronx N.Y.

I  Welcome                         Paul Foster, Chair


II Consider and Adopt the Meeting Agenda        CFMC Representatives


III Consider, Adopt 5/17/12 Meeting Minutes    CFMC Representatives

IV Update on JPR Jogging Path            Hector Aponte, DPR

Procurement                     Steve Des Noyer, DPR

V Update on Pedestrian Bridge Funding        CFMC Representatives


VI Update on Details regarding Croton Change     Mark Lanaghan,
    Orders                                                                                  DEP

VII Croton Construction Update, including work    Bernard Daly, P.E.,
    On Goulden & Sedgwick Aves, and Costs                    DEP
                           

VIII Croton Jobs and Bronx Purchases    Mark Lanaghan, DEP

IX CFMC Discussion, Set Next Meeting        CFMC Representatives


X   Adjourn

Senator Klein and Assemblyman Dinowitz help Pass Legislation Protecting Drivers from Predatory Parking Tickets

Tickets Issued While Drivers Are Walking to or from Muni-Meters Would Be Dismissed

Assemblyman Jeffrey Dinowitz (D-Bronx) and State Senator Jeffrey Klein (D-Bronx/Westchester) announced that the State Legislature has passed legislation (A.9353-C / S.6727-B) that would protect drivers from parking tickets issued while they are walking to a muni-meter to purchase a receipt, or back to their car to display it.  The bill would create an affirmative defense for any person being prosecuted for an alleged muni-meter parking violation when that person is able to produce a valid muni-meter receipt issued prior to or up to five minutes after the writing of a summons.

In recent years many municipalities across New York State have begun to replace conventional parking meters with new electronic parking meters, or muni-meters, that dispense timed receipts that must be displayed conspicuously on the vehicle’s dashboard.  While these new meters offer convenience by accepting credit and debit cards in addition to cash, they have also created a new problem for motorists.  In some locations drivers must walk an entire city block to find the nearest muni-meter station, opening a window when traffic agents can issue a summons before the motorist has a chance to purchase and display a valid receipt.  There have been numerous reported instances of such predatory ticketing practices by traffic agents and unfair convictions by administrative law judges.

This legislation will remedy this injustice by ensuring that motorists who have a valid muni-meter receipt purchased prior to or up to five minutes after the issuance of a summons are found “not guilty.”  The bill will soon be sent to the governor for his final approval.

“Today, we’re eliminating one giant pain-in-the-neck for everyday New Yorkers,” said Senator Klein.  “Since it takes longer to add time to their meter, people should be given a break when it comes to shuttling between their car and the kiosk.  This is piece of common sense legislation, and I’m glad that lawmakers up in Albany agree.”

“Muni-meters have become an irritant for many people throughout the city and state.  Not only must people walk down the block to feed the meter regardless of weather conditions, but they also must contend with traffic agents who issue summonses when one is walking to or from the muni-meter.  Making matters worse is the fact that certain Parking Violations Bureau hearing officers have found people guilty for summonses they received while they were actually purchasing their muni-meter receipts.  This bill will correct this egregious injustice by mandating that a parking summons received under these circumstances must be dismissed if the motorist produces the muni-meter receipt.  Fair is fair,” said Assemblyman Dinowitz.

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Are Film Shoots using to Much Community Space?

     That was the sign that went up on Independence Avenue from West 237th Street to West 246th Street Monday afternoon June 18th. Over 100 parking spaces were to be vacant for a film shoot (The Secret Life of Walter Mitty) from Monday night at 10 PM through Wednesday when the filming was to be done. The NYPD tow trucks began towing away the first of 24 cars that were still parked on Independence Avenue starting at 11 PM.

     The Riverdale section of the Bronx is often home to many film or television shows, and this same exact location with the same high number of parking spaces to be used was thrust upon the community a few months ago. The street parking was banned so extras and crew members were able to park near the set of a show that was being shot at a local temple on Independence Avenue. This time around a movie was being shot, but no where near the temple. The temple was being used as a meeting place for cast and crew, and as an eatery for the cast and crew with no filming being shot there. While we said that as the cars were being towed away Monday night we were assured that the street would be lined with trailers come Tuesday morning. 

    Tuesday morning arrived and there were no trailers on the street past the temple, and it appears that in order not to get any bad publicity the no parking signs were also gone. It also appears that the temple temple parking lot was large enough for the cast and crew to park in. 67 much needed parking spots were returned to the community with our help. See photos below, click on any to enlarge.

Left - 11 PM Monday night as NYPD tow trucks are towing away car from suspect film shoot area.   Right - Temple parking lot seems to be large enough to accommodate all the cars.

You can see that trailers are only in front of the temple located at West 246th Street and Independence Avenue. 67 much needed parking spaces were returned to the community.

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Roger Clemens Found Innocent

      Roger Clemens accused of lying to Congress, and on trial for that and other accounts including taking human growth hormones has been found "NOT GUILTY" after a grueling trial. In a press conference after the trial Clemens thanked his defense team, his wife and family, and those who believed in his innocence  This finding of no wrong doing by Clemens should now open the door to the "Baseball Hall of Fame" for him.

      Roger Clemens pitched in the Major Leagues for 24 seasons for teams such as the Boston Red Sox, Toronto Blue Jays, New York Yankees, Houston Astros, and finishing his baseball career with the Yankees. With 354 wins, 4,672 strikeouts, Rookie of the Year, 11 All Star appearances, 7 Cy Young Awards, and a Most Valuable Player Award Roger Clemens should get into the Baseball Hall of Fame on his first year of eligibility in 2013. 

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Forensic Audit by State Comptroller DiNapoli Reveals Metro-North Employees Were No Shows

MTA Disbands Unit Following Audit; 

Findings Referred to MTA Inspector General

   Metro-North Railroad employees that were supposed to monitor train conditions and crew performance were not on the job when they were scheduled to work and performed poorly when they were, according to an audit released today by New York State Comptroller Thomas P. DiNapoli. Auditors and investigators also found that a relative of a manager was hired at an inflated salary over other more qualified employees, a possible violation of the New York State Public Officers Law.

"The public got taken for a ride," DiNapoli said. "When workers in this unit did bother to show up for their jobs, they did shoddy work or personal tasks when they should have been ensuring that trains were operating safely and smoothly. The MTA needs to do more to tighten up accountability. I am pleased that this audit brought an end to this situation."

The audit covered the period January 1, 2009 through June 20, 2011 and examined whether employees in Metro North's On-Board Services Unit fulfilled their duties and performed their assigned tasks. As of July 2011, the unit consisted of a supervisor and five employees who earned a total annual compensation of $832,676. 

Auditors and investigators examined 300 rides that were expected to be taken and documented, of which 29 percent (89 rides) had no logs to support that any work was done. In 14 percent of all rides, staffers were not on the job, though they were scheduled to work and were paid for those hours. None of the 211 logs that did exist reported any significant performance or safety issue, raising serious questions about the quality of oversight provided by the unit.

Staff was supposed to take six train trips daily to work an eight-hour day, but auditors found that staff averaged only four train trips daily. Auditors and investigators estimate that four unit staff members were paid in excess of $170,000 annually for work that might not have been performed.

Supervision was also almost non-existent, with no log of time and attendance records, no observation of staffers on trains and no written schedule of trains to be monitored. Auditors and investigators also found that staffers surfed the internet during work hours, including spending 6.5 hours on firearm sites and Google and 5 hours on various commercial sites such as Chuck E. Cheese. Reviews of cell phone usage found little communication between staff members and their supervisor but did find out-of-state calls and calls home.

Auditors and investigators learned that an assistant vice president in charge of the unit had referred a relative to work under her supervision. The person was hired despite receiving a lower rating than two other applicants for this position and was paid $84,700 despite a posted starting salary of $57,226. This employee and the assistant vice president had their paychecks deposited into the same bank account.

Counsel for Metro-North investigated this issue and gave three separate reprimands to the assistant vice president. As a result, operating procedures were changed regarding the hiring of relatives. However, the Comptroller's Office has referred the matter to the Office of the MTA Inspector General (OIG) for further investigation.

Auditors recommended that:

• MTA investigate time and attendance of the unit supervisor and staff, take disciplinary action and take steps to recover any funds paid for time not worked or charged to accruals and ensure that any salary overpayment is taken into account for future pension payments;
• Evaluate the necessity of staffing for the unit, considering its demonstrated productivity and effectiveness to date;
• Re-examine whether the assistant vice president's relative should be transferred to a different work unit.

In response to the audit, the MTA disbanded the on-board service managers unit and folded personnel into existing departments. The authority also asked the OIG to review the records of the unit to determine what additional actions should be taken. The MTA has agreed to cooperate fully with the OIG regarding the allegations of inappropriate hiring. The MTA's full response is included in the audit.

To read the full report, click here.

This report is the second in a series stemming from a forensic audit of overtime practices at the MTA announced in 2010 by DiNapoli. A forensic audit examines practices or organizations in which there is a reasonable risk of fraud or illegality. Since 2007, DiNapoli's office has completed 18 audits of MTA practices and organizational structure. In the coming months, the Comptroller will release further findings from the OSC's continuing forensic audit of overtime practices.

DiNapoli encourages the public to help fight against fraud and abuse. New Yorkers can report allegations of fraud, corruption and abuse of taxpayer money by: calling the toll-free fraud hotline at 1-888-672-4555; filing a complaint online at investigations@osc.state.ny.us; or mailing a complaint to: Office of the State Comptroller Investigations Unit, 110 State Street, 14th floor, Albany, NY 12236.

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Bronx Commercial/ Investment Forum

   Today the Bronx Overall Economic Development Corporation hosted the first ever “Bronx Commercial Investment Forum.” at the Hutchinson Metro Center Conference Center. Mr. Lenny Caro President of the Bronx Chamber of Commerce welcomed everyone as there was a video presentation of the New Bronx that was made by Bronxnet public access television.

    Mr. Joseph Farkas President of Metropolitan Realty (developing the Stella Doro site), Mr. Lester Petracca President of Triangle Equities (developing the 149th Street site), Mr. Michael Berfield VP and Director of Development for Equity One (developing the 230th Street & Broadway site), Jason Ackerman President of Fresh Direct were on a panel moderated by Ms. Marlene Cintron President of BOEDC, and Ms. Kathy Zamechansky VP Commercial-Industrial Division to discuss why they have chosen the Bronx as a place to do business. Bronx Borough President Ruben Diaz Jr. also discussed the resurgence of the Bronx, and the ways that his office is available to assist businesses in relocating to the borough. 

   

    The main theme by each speaker was "JOBS, JOBS, and more JOBS".

  The event was co-sponsored by the Bronx/Manhattan North Association of Realtors and the Bronx Chamber of Commerce. Below are some photos of the event.

 

Left - Relaters in attendance included Ms. Sandra Erickson and Mr. Mark Gjonaj.    Right - Mr. Gjonaj of M.P. Realty Group Corp was a co-sponsor of the forum.

Left- Bronx Borough President Ruben Diaz Jr. addresses the audience on why business should come to or expand in the Bronx.  Right - the panel Ms. Kathy Zamechansky (left), Ms. Marlene Cintron, Mr. Joseph Farkas, Mr.Lester Peetracca, Mr. Michael Berfield, and Mr. Jason Ackerman.

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