City Council Passes Legislation Aimed at Curbing Congestion in Lower Manhattan, Downtown Brooklyn

  The New York City Council voted to pass Council Member Mark Levine’s legislation, Intro 1031, requiring the City Department of Transportation (DOT) to conduct a study of traffic congestion resulting from truck deliveries in Manhattan below 59th Street and in Downtown Brooklyn as well as provide an analysis of how shifting deliveries to off hours would impact traffic.

Travel speeds in Manhattan south of 60th Street slowed by 10 percent between 2010 and 2014, according to a recent DOT study, exacerbating the already untenable congestion crisis. Further driving New York’s congestion issues is the City’s reliance on trucks to transport more than 90 percent of its goods. Truck deliveries during busy hours are often responsible for causing congestion, double parking, noise and air pollution, while also posing serious safety hazards for pedestrians and cyclists.

The implementation of overnight truck deliveries instead of during daytime and peak hours would help combat congestion and could be achieved through a variety of incentives and programs that would benefit both the City and business community. In 2013, the DOT encouraged nearly 400 business to shift to off-hour delivers through a federally funded incentive program. The result was less congestion, pollution, wasted time, lost revenue, missed deliveries, and parking tickets.

Under Intro 1031, DOT will begin a six month study of congestion caused by truck deliveries in Manhattan below 59th Street and in Downtown Brooklyn and present an analysis on shifting those deliveries to between 7 p.m. and 7 a.m., including the various types of incentives that could be used.

Council Member Mark Levine said, “Our city is facing a serious congestion crisis that is hurting our economy, threatening the safety of pedestrians and cyclists, and hurting the environment. This legislation is an important first step towards addressing that crisis; however, we must continue to explore additional ways to mitigate traffic and pollution, including congestion pricing, and advancing the Move NY plan."

EDITOR'S NOTE:

  Can Councilman Levine give an answer to why then is the city looking to have Amazon Inc. base its operations out of Manhattan, and not the Bronx then?

BP Ruben Diaz Jr. Presents The Festival of Lights

Join our Bronx Borough President, Ruben Diaz Jr., in collaboration with the NYC Commission on Human Rights and members of the Hindu Community, invite you to their annual celebration of The Festival of Lights.

Fri. 10/13/17, from 6:30 p.m. to 8:30 p.m.

Sotomayer Center, 1000 Rosadale Avenue

 

For more information on this event or to RSVP please call (718) 590 -2651.

Town Hall With Mayor Bill de Blasio

To RSVP by October 2nd, or for more information in regards to this event, please call (212) 788 - 6732 or email townhallrsvp@cityhall.nyc.gov. 

Top ten most dangerous buses operating in New York City revealed in new report

After fatal Queens bus crash IDC report details the most dangerous companies; proposes heightened safety record transparency & tougher penalties for bad actors

Senators Jeff Klein, Jesse Hamilton, Jose Peralta, Marisol Alcantara, and Tony Avella, joined by advocates, on Thursday released a new report, “Violations by the Busload: An Investigation Into the Most Unsafe Bus Companies Operating in New York,” listing the top ten bus companies operating in New York City with the worst track records.

Following a fatal bus crash in Queens on September 18 involving a bus operated by the Dahlia Group, the IDC initiated an investigation into the safety records of bus companies that operate within the city. The Dahlia Group made the list, but six companies stood out with even worse safety records.

The members of the Independent Democratic Conference proposed heightened transparency to help riders learn about a company’s safety record online or at a company’s ticket counter. The legislators also proposed tougher penalties to crackdown on companies that fail to disclose hires to the DMV.

“The tragic accident in Queens shed light on the safety violations many companies in this city have, but unfortunately these records are hard to track down. As these unsafe buses continue to roll on our city streets, the public is in the dark about these violations. We want to change that by requiring that they post these records online or at the site of ticket purchase. We also need to put the brakes on bad actors in this business by increasing fines for failure to disclose hires who might have histories of violations like drunk driving to the DMV,” said Senator Klein.

“Bus safety is part of public safety. The measures we bring forward today serve to ensure the unsafe practices that contributed to the tragic deaths on September 18th are not repeated. Bus companies need to know the importance of further transparency and full compliance with DMV disclosure rules. That's why I am proud to advance these measures with my colleagues and reassure New Yorkers that their safety is our top priority,” said Senator Hamilton.

“The horrific accident that occurred in Flushing highlighted the urgent need to regulate charter bus companies. As elected officials, it is our duty to implement all the necessary safety measures to make sure our roads are safe. The findings in this report are shocking, and this is why we must ensure charter buses don’t operate irresponsibly throughout our state. I want to thank the IDC staff and Senator Klein for putting this report together and formulating proposals that will increase safety on the streets,” said Senator Peralta.

“The tragic crash last week, which led to the deaths of three people, underscores the urgent need for accountability in our intercity bus service. Passengers and the general population should be able to trust that convicted drunk drivers will not be driving commercial buses on crowded streets. The legislation proposed by the IDC to tighten requirements for bus companies will go a long way toward making sure that our buses are safe and that our bus drivers are well-qualified,” said Senator Alcantara.

“There is no question that any person operating a passenger bus should be held to the highest safety standards possible. When people board a bus they do so assuming that their safety is a priority and that they will get to their destination safely. Companies that fail to disclose safety information, especially that of a driver who has a history of unsafe driving, are purposely putting their customers, and everyone who they share the road with, in serious danger. Strengthening the penalties for this dereliction of duty is a good start to ensuring the safety of New Yorkers who put their lives in the hands of bus companies,” said Senator Avella.

The report examined 249 companies with inspection data operating in New York with a focus on ten with the worst inspection results, all of which were found to be in the bottom 30 percent of companies nationwide for safety records.

Federal studies show a high correlation between unsafe driving behavior and a higher incidence of crashes. Using data from the Federal Motor Carrier Safety Administration (FMCSA) the report found 121 companies with points for unsafe driving violations, 51 of which had received sufficient violations to receive an unsafe percentage value from the agency.

Number of Bus Companies	Unsafe Driving Percentage Level
16	At or below 10%
8	11% to 20%
4	21% to 30%
2	31% to 40%
5	41% to 49%
4	50% to 60%
2	61% to 70%
10	Over 71%

The ten worst companies all had an unsafe driving percentage level greater than 70, with Dahlia Group, the company involved in the fatal Queens crash in the 83rd percentile, or seventh on the top ten list.

Name of Bus Company	Company Address	USDOT #	Unsafe Driving Percentile	Fleet Size Vehicles/ Drivers	Total Violations/ Unsafe Driving Violations	Does it exceed any of the FMCSA Intervention Thresholds?
SAGBUS INC	6006 168TH ST FLUSHING, NY 11365	2839930	99%	1/1	18/4	Unsafe Driving, Hours-of-Service Compliance
YEP TOUR INC	12 HARVARD STREET WORCESTER, MA 01609	2429791	98%	10/28	212/34	Unsafe Driving, Hours-of-Service Compliance, Driver Fitness
NO 1 BUS TOUR INC	21 ALLEN STREET NEW YORK, NY 10002	1955237	97%	2/5	24/9	Unsafe Driving
SAFARI TOUR INC	2960 AVENUE T BROOKLYN, NY 11229	2780311	92%	2/2	4/3	Unsafe Driving
SOE TOUR INC	800 HINGHAM STREET SUIT 202S  ROCKLAND, MA 02370	2410389	85%	10/17	50/11	Unsafe Driving, Hours-of-Service Compliance, Vehicle Maintenance
K LINE TOURS LLC DBA: FUNAWAY TOURS	840 NEPPERHAN AVE  YONKERS, NY 10703	1202229	84%	6/4	33/5	Unsafe Driving, Hours-of-Service Compliance
DAHLIA GROUP INC	127-27 34TH AVENUE FLUSHING, NY 11354	1788395	83%	5/6	11/7	Unsafe Driving
EASTERN COACH INC	99 DERBY STREET SUITE 200  HINGHAM, MA 02043	1923882	77%	18/29	25/15	Unsafe Driving
VICTORIA'S TRANSPORTATION CO INC DBA: VICTORIA'S TOUR & CO	5 DIVISION STREET 2RD FLOOR NEW YORK, NY 10002	1684849	73%	15/23	41/12	Unsafe Driving
JET TOURS USA INC DBA: SIGHT SEEING TOURS	299 MURRAY HILL PARKWAY EAST RUTHERFORD, NJ 07073	519856	71%	12/19	32/4	Unsafe Driving, Driver Fitness

The worst operator, Sagbus Inc., received 18 violations over the period examined despite only having one recorded bus and driver. Violations included two violations for failing to obey traffic control devices and two for speeding, one of which was for exceeding the speed limit by more than 15 miles per hour.

During the 24-month period that the report examined, the second worst offender, Yep Tours, received 212 violations, including 34 for unsafe driving. This included five instances of drivers caught speeding more than 15 miles over the limit and one instance of a driver using a hand-held phone while driving.

The Independent Democratic Conference has proposed a number of legislative solution to ensure that the buses New Yorkers ride on are safe. Proposals include strengthening fines against companies that fail to disclose safety information to the DMV and requiring bus companies to post their driving inspection record on the company’s website.

Currently the DMV can impose of fine of between $500 and $2,500 for the first violation with the second and subsequent violations resulting in fines between $1,000 and $10,000. Under the proposal, those penalties would double if a company failed to disclose the hire of a driver with a drunk driving conviction. Penalties would triple if a company failed to disclose a hire to the DMV and that driver is subsequently involved in an accident that kills or injures a person.

The second proposal would require bus companies to post driving safety records on their website or at its point of sale if the company does not have a website. Information required includes the company’s U.S. Department of Transportation identification number, on road performance percentile, summary of safety activities, inspection history and violation summary.

Riders must navigate a complex internet search to track down bus company records, and in many cases need a company’s US DOT number, making the vital violation information even harder to find. The proposal would provide heightened, easy to access information online and at bus company counters where riders could buy tickets.

BOARD OF HEALTH AMENDS HEALTH CODE, ENHANCING REGULATORY OVERSIGHT AND SAFETY FOR DROP-OFF CHILDCARE AT SHELTERS CITYWIDE

Parents who have recently entered shelter will have expanded flexibility to use drop-off childcare services

  Deputy Mayor for Health and Human Services Dr. Herminia Palacio, Department of Social Services Commissioner Steven Banks, Department of Health Commissioner Dr. Mary Bassett, and City Council Speaker Melissa Mark-Viverito, joined by not-for-profit homeless services providers, today announced that the Board of Health has voted to amend the Health Code to enhance the safety and welfare of children at 37 shelter-based drop-off childcare facilities across New York City. Developed in close collaboration with the Department of Homeless Services and originally proposed at the June 12 Board of Health meeting, the amendment will extend the city’s childcare regulations and authority to city family shelters, ensuring that the facilities’ physical plant and egresses met safety standards, and that the childcare supervisors meet educational requirements. During the Board's notice and comment period, eight entities, including community-based organizations, homeless advocates, and elected officials offered feedback on the proposed amendment. Responsive to comments from community and not-for-profit homeless service provider partners, the amendment adopted by the Board on Tuesday September 12  increases flexibility for parents needing additional support during their first several months in shelter. Additionally, the Health Department will allow time for shelter-based drop-off programs to come into compliance with staff educational requirements. The health and safety provisions of the amendment did not change from the original proposal.

“Access to child care is critical for families in shelter, as it provides an opportunity for parents and caregivers to search for permanent housing or employment as they stabilize their lives,” said Deputy Mayor for Health and Human Services Dr. Herminia Palacio. “I am proud to announce enhanced health and safety regulations for drop-off child care at family shelters, which will work to ensure that families across the city can access high-quality child care, no matter where they live.”

“Our first and foremost concern is for the health and safety of the young children who attend shelter-based child care,” said Department of Health and Mental Hygiene Commissioner Dr. Mary T. Bassett. “This amendment ensures that our littlest New Yorkers in shelter have the same protections as those at City-regulated sites, while also giving homeless families the flexibility they need to provide child care for their children while taking steps to improve their lives. I want to thank WIN and other shelter providers and advocates for their very thoughtful and helpful comments, which ultimately improved the proposal.”

“As we work to turn the tide on homelessness, ensuring that families experiencing homelessness have the services and supports to succeed are our top priorities. Safe, secure and high-quality childcare that provides parents with the opportunity to search for permanent housing and employment as they stabilize their lives will help us go further in delivering on that goal,” said Department of Social Services Commissioner Steven Banks. “This amendment ensures that our youngest homeless neighbors receive the attention, supervision and safe environment that they deserve, and I am grateful to our City agency and not-for-profit partners for their collaboration as we reimagine a shelter system that enables and empowers families experiencing homelessness to get back on their feet.”  

“In recent years, we have simply seen too many tragic deaths of children due to negligence, especially in the homeless or child welfare system. That is precisely why we need reform now, and urgently,” said City Council Speaker Melissa Mark-Viverito. “On behalf of the Council, we are proud to join Commissioner Banks in his efforts to improve child care facilities in shelters, and we remain committed to helping alleviate the myriad difficulties that homeless New Yorkers – especially children – face.”

The original amendment had imposed a ten hour weekly cap on drop-off childcare service usage by parents. Following feedback from homeless services providers, the amendment was revised to offer additional flexibility for those parents new to shelter. For a family’s first 90 days in shelter there will be no cap on use of drop-off services. This will allow the family to settle in and arrange for childcare outside the shelter. After 90 days, the cap would be 20 hours per week. Finally, the cap may be modified for families with outlying circumstances, such as they do not qualify for subsidized childcare, or there is no capacity available in community-based childcare centers in the vicinity of the shelter.

In April 2016, the City released the results of a 90-day review of homeless programs, which examined all aspects of homeless services and made recommendations for improvements. One outgrowth of the 90-day review was the convening of an internal Task Force on Child Care and Day Care in Homeless Shelters, made up of the Department of Health and Mental Hygiene (DOHMH), the Department of Homeless Services (DHS) and other partner agencies, to examine the childcare services available to homeless children and develop recommendations. Current New York State Office of Temporary and Disability Assistance (OTDA) regulations in 18 NYCRR Part 900 require licensed Tier II shelters for families with children to provide parents with access to childcare so  parents can meet their shelter-related social services obligations. Under this OTDA regulation, childcare may be provided through one of three ways: (1) on-site licensed full-time day care; (2) on-site (currently unlicensed) “supervised care” also known as drop-off childcare; or (3) referral to off-site licensed full-time day care.

The purpose of on-site unlicensed “supervised care” programs is to allow parents to attend housing, social service and other obligations. These are not meant to be full-time licensed day care programs. As such, the OTDA Tier II regulations on on-site supervised care programs set a basic minimum: they require staff to have unspecified experience and training, but do not require specific background checks or establish physical space and safety standards (i.e. window guards, panic bars, a second means of egress).

In the fall of 2016, as part of the Task Force’s work, the DOHMH conducted a system-wide review of on-site shelter childcare programs by visiting shelters. As a result, the City required some shelters to immediately remediate harmful risks and violations, including requiring background checks for staff and physical repairs. In addition, the Task Force examined the regulation of these on-site childcare programs.

Based on the site visits to “supervised care” programs in shelter, the Task Force recommended that the City amend Article 47 of the NYC Health Code to: require all childcare programs in shelter to be licensed by DOHMH; and create a new permit category specifically for “supervised care” programs in shelter. Requiring that all childcare programs in shelter receive a DOHMH permit would enable the City to consistently enforce and regulate standards that assure child safety and sufficiently mitigate the risk of harm. Creating a new permit category would allow the City to differentiate between the requirements of licensure for shelters operating “supervised care” programs from the requirements for other licensed day care programs.

The Task Force is also promoting Universal Pre-K and full-time licensed childcare through outreach in shelter, and, as a result, DHS shelters have strengthened referrals to these programs. These steps, along with the proposed regulation, aim to increase access for homeless children to early educational services that offer enrichment, a nurturing environment, improved supervision, and a daily routine, while parents obtain the services necessary to assist them to return to independence.

CITY COUNCIL PASSES WILLIAMS' LANDMARK CONSTRUCTION SAFETY TRAINING BILL

  The City Council unanimously passed Int. 1447-C, a landmark construction safety bill sponsored by Council Member Jumaane D. Williams (D-Brooklyn), Deputy Leader and Chair of Council's Housing and Buildings Committee, which will institute mandatory construction worker safety training standards. 

Council Member Jumaane D. Williams, a prime sponsor of the bill, celebrated its passage as a critically important and long awaited step toward changing the culture of a construction industry that devalues worker safety and well-being.

"I am proud of the City Council for taking this landmark step to help ensure that the safety of workers is a priority. Requiring a uniform baseline amount of safety training is a long overdue and critically important measure to having a tangible impact on worker's well-being," Williams said. "This action begins to address the eroded culture of worker safety in the New York City construction industry, an erosion that has led to unsafe conditions, injuries, and death."

The bill mandates that workers have a cumulative total of 40-55 hours of training, phased in over time. The first ten hours must be completed by March of 2018, thirty hours by December 1 of that year, and 40-55 within five months of that date. Extensions can be granted to the second and third milestone if necessary. A task force has been created to help facilitate the training and determine its content in conjunction with the Department of Buildings.

"I want to thank Speaker Mark-Viverito and my colleagues on the Council for recognizing necessity to make worker safety an immediate priority," said Council Member Williams. "Our efforts over these months, and in passing this bill today, will have a lasting impact on the health and safety of our workers." The bill was widely praised on the floor of City Council Chambers during its passage.

"As Chair of the City Council Committee on Immigration, I have a special responsibility to speak out for immigrant workers who lack access to training and workplace protections," said Council Member Carlos Menchaca, the co-prime sponsor of the bill. "Intro 1447 will set new construction safety training standards and save lives. No other industry tolerates such high levels of danger, and there is no justification for delay imposing strict new training requirements. Our construction safety emergency must end now. New York City has endured an unacceptably high number serious injuries, preventable incidents and 39 construction worker deaths since 2015. I commend my Council colleagues for recognizing that construction worker safety is achievable. I call on New York City developers, contractors and agencies to adopt a culture of construction safety through worker education and strict enforcement of workplace regulations."

"The wellbeing of all New Yorkers is paramount, and legislation to ensure safety on and around the hundreds of construction sites that operate each day in our city has been long overdue," said Speaker Melissa Mark-Viverito. "I thank Council Member Williams and Council Member Menchaca for their dedication to making construction sites safer for everyone - from the people who live and work near them, to the workers who build them. The Council will continue to look for productive ways to improve safety standards and protect workers and the public."

The need for dramatic shifts toward focus on worker safety became even more evident just last Thursday, when two workers were killed and one injured in accidents on separate construction sites in Manhattan. At the time, Williams called for more to be done to "protect those who build this great city" adding that "No other industry would be allowed to witness such death" without the kind of change that this bill is aimed at instigating.

The measures passed also address the reality in the construction industry that responsibility for worker safety does not sufficiently extend to owners and developers. It escalated obligations for those parties and imposes fines of up to $5,000 per untrained worker.

The passing of this bill comes with a $5 million dollar commitment by the City Council to help ensure access to the training for all workers, regardless of affiliation.