Making NYC More Resilient: Public Review Begins for DCP’s Important Zoning for Coastal Flood Resiliency

 

Proposed zoning would make new construction more resilient to disasters, including today’s COVID-19 pandemic; allow for better and faster building repairs; ensure seniors in nursing homes are better protected   

 City Planning Commission (CPC) Chair Marisa Lago today announced the start of public review for Zoning for Coastal Flood Resiliency (ZCFR), newly proposed citywide zoning rules that would result in buildings that are better able to withstand and recover from major disasters and sea level rise and which will also translate to lower flood insurance costs.

“As we near its eight-year anniversary, Hurricane Sandy continues to serve as a painful reminder that we must continue to adapt to the ever-so-real threats of climate change. This includes updating our zoning to help New Yorkers build, and rebuild, more resiliently. This new zoning makes floodproofing in New York City’s neighborhoods much easier, whether you’re building a new home or apartment building, expanding your business, or simply elevating your boiler,” CPC Chair Marisa Lago said. “This new zoning also provides needed flexibility to address all types of future disasters, whether another climate event or today’s COVID-19 pandemic.”

ZCFR reinforces one of the most important lessons from Hurricane Sandy: Strong building codes make a big difference.

Currently, buildings are restricted by zoning regulations that do not take resiliency into account and thus force New Yorkers to choose between interior space and resiliency improvements. ZCFR will make it easier for buildings to meet or exceed modern resiliency codes without sacrificing their basement, for example, by adding some much-needed zoning flexibility.

Critically, the proposal will limit construction of new nursing homes in high-risk areas because of their vulnerable residents.

New York City has 520 miles of coastline, making many neighborhoods vulnerable to flooding during storm events and sea level rise. The proposed rules cover an area that is home to 800,000 New Yorkers, more people than live in Boston and two times as many as in New Orleans. Because the proposal is a citywide text amendment, all 59 community boards and all five borough presidents are required to weigh in on the proposal.

DCP is also releasing Floodplain by the Numbers, a report highlighting the long-term recovery progress and resiliency challenges facing the City’s diverse waterfront communities, including the fact that homes built prior to flood-resistant codes suffered higher average costs more than double those constructed to modern resiliency standards. 

ZCFR would improve and make permanent resilient zoning provisions initially put in place to help the City recover from Sandy. Since 2016, planners at the Department of City Planning (DCP) have spoken with about 3,000 New Yorkers at more than 225 events, including with elected officials, community boards, civic associations, non-profits, architects and engineers, garnering ideas and feedback from the public to develop and strengthen the proposal.

 The proposal’s four main goals:

·         Encourage resiliency in the current and future floodplain: ZCFR would expand the area where flood resilient zoning provisions apply, so that buildings in both the City’s 1% annual chance floodplain and 0.2% annual chance floodplain, those areas of New York City that, by 2050, are also expected to have a 1% chance of a flood event in any given year, can meet or exceed the flood-resistant construction standards set by FEMA or NYC’s Building Code. This expanded floodplain increases the number of buildings that could be retrofitted to resiliency standards by nearly 50%, allowing building owners throughout the City’s floodplain to proactively raise living space and important equipment out of harm’s way.

 

·         Support long-term resilient design of all building types: Flexible zoning would allow building owners to raise habitable spaces and other building support features above expected flood elevations, without causing poorly designed, tall and narrow structures that don’t match neighboring homes. Regulations would incentivize active uses to be kept at the sidewalk level, and floodproofed ground floors with improved streetscapes.

 

·         Allow for adaptation over time through incremental retrofits: ZCFR would allow buildings to elevate or relocate important mechanical, electrical and plumbing equipment, or backup systems like generators, above the expected height of floodwaters. This can be done either within the building, atop of the structure, or on a separate platform.

 

·         Facilitate future recovery by reducing regulatory obstacles: As seen by the COVID-19 pandemic, disasters arrive in all forms. Rather than writing new emergency provisions each time a crisis strikes, ZCFR would place recovery provisions in the Zoning Resolution, so they can be quickly selected based on the issues caused by the disaster and recovery period. These provisions include cutting down on red tape and paperwork, and allowing additional time for an affected, grandfathered business to reopen, even if it doesn’t conform with current zoning. 

In parts of the City that fall within the 1% floodplain, ZCFR would limit the siting of new nursing homes to lessen both the health consequences and logistical challenges of evacuating this particularly vulnerable population. Existing nursing homes in the floodplain can build enlargements of up to 15,000 square feet, allowing for modest improvements like resiliency measures. 

Through these changes, ZCFR expands temporary rules that were adopted by the City in 2013, months after Sandy. The temporary rules are set to expire one year after FEMA’s new flood maps are released, likely in 2024. 

“Most of New York City’s homes and buildings were constructed at a time when we knew far less about the threats posed by flooding,” said Jainey Bavishi, Director of the Mayor’s Office of Resiliency. “These new, more flexible rules were designed with climate change in mind and will make it easier for New Yorkers to strengthen their buildings with resiliency retrofits. We encourage all New Yorkers to learn more about their flood risks at FloodHelpNY.org and to enroll in flood insurance.” 

“We’ve seen firsthand the devastating impact climate change can have on our City’s coastal communities,” said Department of Buildings Commissioner Melanie E. La Rocca. “We commend the Department of City Planning for proactively working to help New Yorkers in flood-prone neighborhoods better protect their homes and livelihoods.”

In addition to ZCFR, DCP is also starting public review for zoning changes in three neighborhoods as part of DCP’s Resilient Neighborhood Initiative – Gerritsen Beach and Sheepshead Bay in Brooklyn, and Old Howard Beach in Queens. These actions address resiliency challenges that are specific to the conditions found in these areas:

In Gerritsen Beach, zoning changes, including the establishment of a new Special Coastal Risk District, are proposed to limit future density and cap building heights at 25 feet above the flood elevation to more closely match the area’s built character.

In Sheepshead Bay, the existing Special Sheepshead Bay District would be updated to align it with ZCFR and prohibit below-grade plazas, which are especially prone to flooding.

In Old Howard Beach, zoning changes are proposed to limit the construction of attached homes, which are harder to retrofit and elevate than detached homes because of their shared walls. 

“We applaud the Department of City Planning for proposing these zoning changes that will increase community resiliency and save homeowners money on their flood insurance premiums,” said Christie Peale, CEO/Executive Director for the Center for NYC Neighborhoods. “These progressive changes will remove obstacles to neighborhood resiliency, not only for homeowners and their tenants who are currently at risk of flooding, but also for communities that will face additional flood risk by 2050. We are also gratified that this forward-looking framework will allow for flexible zoning to allow homeowners to retrofit their properties in a manner that maintains neighborhood integrity.”

 

The launch of the seven-month public review process starts the clock for ZCFR, as well as the three neighborhood-specific actions. ZCFR will go to all 59 Community Boards for review, followed by the five Borough Presidents and Borough Boards. The three neighborhood-specific actions will only go before their respective local Community Boards and Borough Presidents. ZCFR and the three local actions will then go to the City Planning Commission for a public hearing and vote, followed by the City Council.

Department of City Planning

The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.

In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space.

NOS QUEDAMOS COMPLETES 'SOUTH BRONX LAND & COMMUNITY RESOURCE' STUDY

NOS QUEDAMOS COMPLETES 'SOUTH BRONX LAND & COMMUNITY RESOURCE' STUDY We Stay/Nos Quedamos is proud to announce the completion and release of the South Bronx Land and Community Resource Trust (SBxLCRT) Study, a blueprint and action plan for the formation of a community-led land trust held in the public interest in the Melrose section of the South Bronx.  At the core of SBxLCRT is a modular strategic plan for long-term community land ownership that mitigates housing anxiety in the region, and creates much-needed Resiliency Hubs that facilitate essential resources and services before, during, or after a natural hazard event or emergency. The plan forward also provides for the incremental community-wide expansion of technological resource such as low-cost broadband and solar capacities that dovetail seamlessly with Nos Quedamos' partnership with Governor Cuomo on the Downtown Revitalization Initiative (DRI). Building on previous research and development work, the 12-month study was led by Nos Quedamos in partnership with Hester Street, who was the study's primary technical assistance provider, and NYC Mayor's Office of Environmental Remediation (OER). SBxLCRT is the organic next level to Nos Quedamos' historically innovative and precedent-setting Melrose Commons Urban Renewal Plan.  Read the FULL STUDY

 

Cummings for Congress - Claims - AOC CAUGHT IN A LIE

 

AOC REFUSES TO DEBATE OPPONENT CONGRESSWOMAN CAUGHT IN A LIE   Representative Alexandria Ocasio-Cortez, who has previously made hay out of her opponents' refusal to debate her, refuses to debate her opponent, former NYPD officer and high school civics teacher John Cummings. Worse, in making excuses for not debating, she has been caught in a lie. The Locust Point Civic Association invited the Congresswoman and Cummings to a debate hosted on October 6th. Rep. Ocasio-Cortez refused to attend, stating that she was "not doing any in person campaign events" through Election Day. Yet this past Friday she attended a meeting in person in Morris Park. Cummings Campaign Manager, Chapin Fay said, "We always knew the Socialist Congresswoman who lives in a luxury building in Washington, DC was a hypocrite, but now everyone knows she's a liar. The people of the Bronx and Queens deserve better. People are struggling and they deserve to hear how each candidate in the race to represent them in Congress will make their lives better. They deserve a debate. What's the Congresswoman afraid of?" The Cummings campaign sent a letter to Rep. Ocasio-Cortez on September 28th outlining a proposed series of debates. The Congresswoman has yet to respond to the campaign's debate challenge.

ABOUT JOHN CUMMINGS Born and raised in Parkchester, John Cummings followed in his father's footsteps and was sworn in as a New York City Police Officer in 1983. Initially assigned to NSU (Neighborhood Stabilization Unit) 7, in the South Bronx, which covered the 40, 42, 44, and 48 precincts, he was then assigned to the 46th precinct, where he remained for 2 years. He was later assigned to the NYPD Harbor Unit, where he served first as an operations coordinator in the Bronx, and then as a member of the Harbor George unit in College Point, Queens. John suffered a serious knee injury in the line of duty, and was forced to retire in July 1991, and did so with multiple commendations for bravery and excellence in the line of duty. Returning to his alma mater, Saint Raymond High School for Boys, John taught History and Government for over 20 years. He also served as the Alumni Coordinator, Director of Development, the History Department Chairperson, and the Recruiting Coordinator. John also served as the cantor at school Masses, held on Catholic Holy Days of obligation. For more information please visit https://cummings2020.com

MAYOR DE BLASIO APPOINTS MELANIE HARTZOG AS DEPUTY MAYOR FOR HEALTH AND HUMAN SERVICES; JACQUES JIHA AS DIRECTOR OF THE MAYOR’S OFFICE OF MANAGEMENT AND BUDGET

 

 Mayor Bill de Blasio today appointed Melanie Hartzog as Deputy Mayor for Health and Human Services and Jacques Jiha as Director of the Mayor’s Office of Management and Budget. Hartzog previously served as Budget Director and Jiha served as the Commissioner for the New York City Department of Finance. As Deputy Mayor for Health and Human Services, Hartzog will guide the City’s response to the ongoing COVID-19 pandemic and ensure the City’s social services continue to support every New Yorker, especially those experiencing homelessness. As Budget Director, Jiha will help lead New York City out of the fiscal crisis brought on by the COVID-19 pandemic by making fiscally responsible decisions that will strengthen and protect the City’s finances for generations to come.

“I am pleased to appoint two of our City’s most hard-working and passionate public servants to take on even bigger roles as we continue to respond to the COVID-19 pandemic,” said Mayor Bill de Blasio. “Melanie and Jacques have the experience and vision necessary to support New Yorkers during this crisis and guide our City through financial hardship. Thanks to them, New Yorkers can expect an even brighter future.”

 

“From fighting to improve the lives of low-income children to balancing the city’s budgets while funding Universal Pre-K, I have spent my entire career uplifting our city’s most vulnerable,” said Deputy Mayor for Health and Human Services Melanie Hartzog. “The COVID-19 pandemic has underscored the importance of public health in our city’s recovery, including a robust social services sector. I thank Mayor de Blasio for the opportunity to continue to serve on behalf of 8.6 million New Yorkers.” 

 

“Our city is facing an enormous fiscal challenge in light of the public health crisis. As we recover, I am committed to making fiscally responsible decisions to keep New York City a vibrant place to live and work. Serving as Commissioner of the Department of Finance has been the honor of a lifetime, and I thank Mayor de Blasio for entrusting me to continue to serve New Yorkers as Budget Director,” said Budget Director Jacques Jiha.

 

About Melanie Hartzog:

 

Melanie Hartzog previously served as the Director of the Mayor’s Office of Management and Budget, where she oversaw the largest municipal budget in the United States, responsible for funding all city programs and services for New Yorkers. Before joining the Office of Management and Budget, Hartzog served as Executive Director of the Children’s Defense Fund. Previously, she served as Family Services Coordinator for the Deputy Mayor for Health and Human Services and Deputy Commissioner of the Administration for Children’s Services. She also led a social services unit in the Mayor’s Office of Management and Budget, and was Director of Policy and Advocacy for the Human Services Council of New York City, Inc.

 

Hartzog holds a Master of Science degree from the New School’s Milano School of International Affairs, Management and Urban Policy and Bachelor of Arts from Eckerd College. She lives in Brooklyn with her husband and three children.

 

“Mel has been an extraordinary leader in government and in the not-for-profit advocacy community for many years, and we have worked together both in and out of government to expand and improve services for low-income New Yorkers, particularly children.  She will be an outstanding Deputy Mayor for Health and Human Services and I look forward to working with her to make sure that the most vulnerable residents of our city have access to the social services they need in these unprecedented times,“ said Steven Banks, the Commissioner of the Department of Social Services.

 

“Citizens’ Committee for Children of New York extends profound appreciation to Ms. Melanie Hartzog for years of steady stewardship of the Mayor’s Office of Management and Budget and we wish her well as she takes on the role of Deputy Mayor for Health and Human Services.  Ms. Hartzog is incredibly well positioned to work successfully across the sector with colleagues inside and outside of government. CCC stands ready to partner with her as the strength of health and human service agencies, community based partners and workforce, and the New Yorkers depending on their care are essential to the City’s pandemic recovery efforts,” said Jennifer March Ph.D., Executive Director, Citizens’ Committee for Children of New York.

 

About Jacques Jiha:

 

In 2014, Mayor de Blasio appointed Jacques Jiha as the Commissioner for the NYC Department of Finance, the agency responsible for collecting over $40 billion in revenue that make all city services possible. As Commissioner, Dr. Jiha modernized the Department by integrating new technology and data analytics to increase efficiency and make better decisions. Under his leadership, the Department also created new options focusing on customer experience, including a full-service call-center, online property tax system, parking ticket mobile app and the offices of the Taxpayer Advocate and Parking Summons Advocate. Prior to becoming commissioner of the Department of Finance, Dr. Jiha was the chief operating officer and chief financial officer of Earl G. Graves, Ltd/Black Enterprise. Previously, he served as deputy comptroller for pension investment and public finance in the Office of the New York State Comptroller, deputy comptroller for Nassau County, chief economist for the New York City Office of the Comptroller, executive director of the New York State Legislative Tax Study Commission, and principal economist for the New York State Assembly Committee on Ways and Means.

 

Born in Haiti, Dr. Jiha immigrated to New York City in 1979 and earned his bachelor’s degree in economics from Fordham University. He also holds a Ph.D. and a master’s degree in economics from the New School for Social Research. He lives in Queens with his wife and daughters.

NYS Office of the Comptroller - DiNapoli: Halfway Through the Year, Revenue Hole Persists

Halfway through the state’s fiscal year, state tax receipts are trailing last year by $2.8 billion, according to the September State Cash Report released by New York State Comptroller Thomas P. DiNapoli.

“COVID-19 had a significant negative effect on the first half of the state’s fiscal year,” DiNapoli said. “The pandemic has created a profound degree of uncertainty, but one thing is clear – Washington must get its act together and help states and local governments weather this economic storm. The state Division of the Budget’s mid-year Financial Plan update and the official start of next year’s budget process in early November will provide a clearer picture for policymakers as they prepare to address our budget shortfall.”

State tax revenues totaled $8.8 billion in September, $922.3 million higher than the latest projections by the state Division of the Budget (DOB). Total tax revenues in September were a net $364.1 million higher than those in 2019, primarily due to a $440 million increase in personal income tax collections resulting partly from an additional day in September of withholding collections and lower refunds.

September sales tax revenues were down from 2019 by $88 million. That drop of 5.4 percent was the lowest monthly decline for sales tax since the fiscal year began in April. However, year-to-date sales tax collections are still 17.2 percent lower than the same period last year. 

Federal revenues through September totaled $42.7 billion, up by $10.7 billion from the same period a year earlier. Among the reasons for the increase is the $5.1 billion the state has received from the federal Coronavirus Relief Fund. While the U.S. Treasury Department has provided greater flexibility for state and local governments’ use of those resources in recent weeks, the extent to which such aid may offset declining state revenues remains unclear. In addition, federal Medicaid matching funding has been temporarily increased, and the state received $3.8 billion in funding for the federal Lost Wages Supplemental Payment Assistance program that was not part of collections last year.

In State Operating Funds (not including federal or capital), spending through the first six months totaled $44.7 billion, $4.3 billion, or 8.8 percent lower than last year. This was $681.7 million higher than anticipated in the Financial Plan, primarily due to local assistance grants in September.

As of Sept. 30, the General Fund held a balance of $15.4 billion, $1.6 billion higher than projected, and $6.4 billion higher than last year at the same time. The higher balance is driven partly by $4.4 billion in short-term borrowing that DOB anticipates repaying before the end of the fiscal year, as well as higher than projected tax receipts.

The “Quick Start” budget process framed in New York’s State Finance Law requires representatives of the governor, legislative leaders and the comptroller to meet annually before Nov. 15 to jointly review available financial information to help with timely adoption of a budget for the next fiscal year. They are also required to report on estimated state receipts and disbursements for the current and ensuing fiscal years by Nov. 5.

September Cash Report

New York City Department of Traffic Getting Tough on Those Who Park in Red Zones

 

If you park in a Red Zone (No Standing Anytime) you are liable to have your car booted, and then towed away by the New York City Department of Traffic. 

Saturday morning I came upon a situation where I saw a NYCDOT tow truck on Pelham Parkway South at Wallace Avenue. I asked the tow truck operator what was going on, and she politely answered I am here to pick up the car that has been booted in the Red Zone. 

After crossing the street I saw a boot that was placed on the front passenger tire so the car could not be moved out of the Red Zone it was in. There was also a ticket on the car's windshield. 

Above - The NYCDOT tow truck at the corner of Pelham Parkway South and Wallace Avenue.

Below - The car with a boot on its front passenger wheel, which is clearly parked in a Red 'No Standing Anytime' Zone.

Governor Cuomo Outlines New Micro-Cluster Strategy to Tackle COVID-19 Hot Spots That Arise in Fall

 

Strategy Targets Source of COVID-19 Outbreaks Using Address-Level Data

Strategy Based on Governor's Cluster Action Initiative Used to Address Recent Hot Spots in Brooklyn and Queens as well as Orange, Rockland and Broome Counties

 Governor Andrew M. Cuomo today outlined New York State's new "micro-cluster" strategy to tackle COVID-19 hot spots that may come with the Fall and Winter weather. The micro-cluster strategy is predicated on three principles: refined detection, specific and calibrated mitigation, and focused enforcement.

Using New York State's approach to track cases by address with the help of nation-leading levels of testing, the State will identify outbreaks and implement mitigation measures tailored to the precise areas where outbreaks occur. The State will implement rules and restrictions directly targeted to areas with the highest concentration of COVID cases, known as red zones, and put in place less severe restrictions in surrounding communities, known as orange and yellow zones that serve as a buffer to ensure the virus does not spread beyond the central focus area. Enhanced focused testing and enforcement will follow.

"One of the lessons we learned in New York is to look ahead and stay ahead. It's not checkers; we're playing chess with this virus. In the fall you're going to see an increased viral transmission rate — that's just a fact," Governor Cuomo said. "Until now, we have been targeting all our actions either on a statewide level or a regional level. That worked fine and frankly was our only option because we didn't have any more sophistication than that.

Governor Cuomo continued, "We now have more sophistication because we've been at it for seven months. So rather than looking at COVID-19 data on the state level, regional level, county level or even neighborhood level, we are now going to analyze it on the block by block level. The micro-cluster strategy is not just to calibrate the state or the region, but to calibrate just those specific geographic areas. Target it and target your strategy down to that level of activity. It requires more testing, more targeted testing, and then you have to be responsive to the situations in that specific locality with mitigation measures. It has the advantage of causing less disruption."

This strategy is based on the Governor's Cluster Action Initiative, which he announced on October 6, to address COVID-19 hot spots that have cropped up in Brooklyn, Queens, and Broome, Orange and Rockland Counties. That plan was developed in consultation with national public health experts including Dr. Noam Ross of EcoHealth Alliance, Dr. Michael Osterholm of the University of Minnesota and former CDC Director Dr. Tom Frieden.

Additional Members Of 59 Brims Gang Charged In Manhattan Federal Court With Racketeering, Narcotics, And Firearms Offenses

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the unsealing of a Superseding Indictment charging three members of the 59 Brims gang with racketeering, narcotics, and firearms offenses. 

Acting U.S. Attorney Audrey Strauss said:  “As alleged, Robert Baley, Augustus Ingram, and Quaveon Ross participated in the activities of a violent gang, conspired to sell significant quantities of heroin, fentanyl, and crack cocaine, and unlawfully possessed firearms.  Now they face significant charges in federal court.  We commend our partners at the NYPD and HSI for their outstanding work on this ongoing investigation.  This Office, working with our law enforcement partners, continues its efforts to prosecute gun violence in New York City.”

NYPD Commissioner Dermot Shea said:  “Gang violence puts all of us in peril – not simply the vicious gang members.  I commend our NYPD detectives and our law enforcement partners for using all of our lawful tools to ensure that the New Yorkers we serve can live free from the threat of it.”

HSI Special Agent-in-Charge Peter C. Fitzhugh said:  “HSI and NYPD continue to relentlessly dismantle violent gangs in the New York Metro area.  The gangsters we take off the street are responsible for numerous murders, deadly drug distribution, and senseless violence throughout our communities.  As alleged, we cut the 59 Brims at their roots, arresting the ‘Godfather’ of New York.  This was the culmination of the systematic and successful indictment of the entire 59 Brims’ top leadership across all 5 boroughs.  Our agents and officers have done outstanding work during the course of this investigation and I applaud their tireless commitment to public safety.”

As alleged in the Superseding Indictment unsealed today in Manhattan federal court[1]:

ROBERT BALEY, a/k/a “Dead Eye,” AUGUSTUS INGRAM, a/k/a “Elevator,” and QUAVEON ROSS, a/k/a “Bullet,” are members of the 59 Brims gang, a criminal organization whose members engaged in, among other activities, acts involving murder, robbery, fraud, and the distribution of controlled substances. 

The 59 Brims operate in and around Manhattan, the Bronx, Queens, and Brooklyn, New York.  Members of the 59 Brims engaged in a series of violent disputes with rivals of the 59 Brims, including those within the 59 Brims who were deemed disloyal.  During these disputes, members and associates of the 59 Brims committed multiple murders, shootings, robberies, and assaults against their rivals and against fellow members of the 59 Brims.  Members of the 59 Brims sold heroin, fentanyl, crack cocaine, and marijuana, and committed, or attempted to commit, acts of violence to protect and expand their narcotics business.

Today’s Superseding Indictment follows initial charges brought in February 2020 against 18 members and associates of the 59 Brims gang, who were charged with racketeering, narcotics, and firearms offenses, including murder and attempted murder. 

BALEY, 43, of Brooklyn, New York, was arrested on October 15, 2020, in Scranton, Pennsylvania.  INGRAM, 49, of New York, New York, was arrested on October 14, 2020, in New York, New York.  ROSS, 23, of New York, New York, remains at large.  This case is assigned to United States District Judge George B. Daniels.

A chart containing the charges and maximum penalties for the defendants is set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the NYPD and HSI.  Ms. Strauss also praised the New York City Department of Correction, Correction Intelligence Bureau, and the Bronx District Attorney’s Office for their assistance in the investigation.  Ms. Strauss also thanked the Pennsylvania State Police - Bureau of Criminal Investigations - North East and South Central Drug Enforcement Divisions and Blooming Grove Barracks for their assistance in the arrest of Baley.

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Michael D. Longyear, Jacob Warren, Adam S. Hobson, and Peter J. Davis are in charge of the prosecution.           

The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

COUNT	DEFENDANT(S)	MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Racketeering (18 U.S.C. § 1962(d))	All Defendants	Life imprisonment
Count Two: Conspiracy to Distribute Controlled Substances (21 U.S.C. § 846)	All Defendants	Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Three: Possession of a Firearm in Furtherance of a Drug Trafficking Crime (18 U.S.C. §§ 924(c)(1)(A)(i) and 2)	All Defendants	Life Imprisonment; Mandatory Minimum Sentence of 5 years

 [1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.