City Planning Commission Approves Zoning for Coastal Flood Resiliency

 

EDITOR'S NOTE FIRST:

It seems in his last year in office Mayor Bill de Blasio is doing more than he did in his first seven years in office. At the beginning of Year seven at the Eastchester Gardens Mayor de Blasio said it was time to stop dumping on the Bronx. 

Bronx Community Board 10 does not know what it has given the City Planning Commission with its approval of their plan.

City Planning Commission Approves Zoning for Coastal Flood Resiliency

Approval advances key citywide proposal to better protect the city and allow faster recovery from disasters, including storms, flooding and today’s COVID-19 pandemic

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

“ZCFR is a game-changer for the residents and businesses who call New York City’s floodplain their home. This citywide zoning overhaul is simultaneously broad and flexible enough to help our incredibly diverse communities and building types better withstand, and then recover more quickly from, storms like Sandy, as well as slowly rising sea levels. Thank you, ZCFR, for making our future and our city more sustainable,” said CPC Chair Marisa Lago.

Chair Lago’s full remarks at today’s vote can be found here.

The vote comes 8 years after Hurricane Sandy struck our shores, killed 43 New Yorkers and left $19 billion in damage to homes and businesses. The proposal, which now moves to the City Council for review and approval, updates and improves on emergency rules established in the wake of Sandy, and makes them permanent. These changes will help to better protect the 800,000 New Yorkers, and tens of thousands of affordable homes, businesses and jobs, located in the current and future floodplain.

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.

For example, with ZCFR, a NYCHA or Mitchell-Lama complex in Lower Manhattan or Manhattan Beach will be able to construct an elevated mechanical building in its yard to address the needs of the entire campus. A single- or two-family homeowner in the Rockaways doing substantial rehab or building anew will be entitled to additional overall building height to elevate their structure above the Base Flood Elevation, established by the U.S. Federal Emergency Management Agency (FEMA). An industrial business in the South Bronx will be allowed to build a mezzanine in buildings difficult to floodproof, giving them a space to safely store sensitive equipment or important files.

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

“These zoning changes will help make New York City’s coastal neighborhoods safer, stronger and better prepared for extreme weather. As climate change continues to worsen, it has never been more important to unlock new opportunities for New Yorkers who want to invest in the resiliency of their homes and neighborhoods,” said Jainey Bavishi, Director of the Mayor’s Office of Resiliency. “We applaud the City Planning Commission for their support of this proposal and look forward to its consideration by the City Council.”

“Bronx Community Board 10 supported the Zoning for Coastal Flood Resiliency because we know it will do well to protect vulnerable waterfront communities in our district. We thank DCP for its constant and open communication with our Board and community. We look forward to its official implementation,” said Matthew Cruz, District Manager of Bronx Community Board 10.

“Staten Island Community Board 1 is grateful for the hard work DCP has put into this proposal. Flooding issues have had awful impacts on our commercial and residential areas and it is our belief that the efforts effected by this resiliency plan will provide the relief necessary to protect our communities,” said Joseph Carroll, District Manager of Staten Island Community Board 1. “We do urge, however, that all property owners be made aware of the risks they are facing in the flood likely areas.”

After four years of intense community-engagement, the proposed changes received support from most Community Boards and Borough Presidents. It’s the result of more than 200 public meetings the Department of City Planning held with New Yorkers since 2016, garnering ideas and feedback to develop and strengthen the plan.

The proposal’s four main goals:

• Encourage resiliency in the current and future floodplain: ZCFR would expand 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 addition to ZCFR, the CPC approved 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 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. 

The City Council will hold public hearings on all four these proposals, followed by votes later this spring.

“CHPC applauds the City Planning Commission for voting to approve Zoning for Coastal Flood Resiliency. These important zoning changes will help NYC neighborhoods better withstand flooding and storms, streamlining the path for New Yorkers to return home or reopen their business after a disaster,” said Jessica Katz, Executive Director of Citizens Housing & Planning Council.

“Now more than ever, we need land use rules and tools that allow for retrofits and development that reduce climate risks faced by communities and homeowners. By creating Zoning for Coastal Flood Resiliency, New York City is taking an important step in ensuring New York City is more resilient to the effects of climate change. We applaud the Commission’s vote in favor of this measure which helps foster a more resilient New York City and better enables the creation of natural shorelines,” said Cortney Worrall, President and CEO, Waterfront Alliance.

MAYOR DE BLASIO NAMES JOHN SCRIVANI AS EXPECTED EMERGENCY MANAGEMENT COMMISSIONER

 

 Mayor Bill de Blasio today appointed John Scrivani as the expected next Commissioner of New York City Emergency Management (NYCEM). Scrivani, who currently serves as Director of the Office of Safety, Security & Emergency Management at the Virginia Department of Transportation (VDOT), is a fourth-generation Staten Islander, a 14-year veteran of the NYPD, and the former Incident Commander of the New York City Hurricane Sandy Debris Task Force. Scrivani will assume the role if the U.S. Senate confirms NYCEM Commissioner Deanne Criswell, whom President Joe Biden has been nominated to serve as Administrator of Federal Emergency Management Agency.

“John Scrivani is an experienced, creative, and battle-tested leader who will keep New York City moving – no matter which challenges we face next,” said Mayor Bill de Blasio. “I’m looking forward to working with him to keep this city safe, and I know he’ll build on Commissioner Criswell’s extraordinary record to build a recovery for all of us.”

 

"John has a proven track record of serving New Yorkers when this City has needed him the most – 9/11, Hurricane Sandy, and most recently this pandemic," said Deputy Mayor Laura Anglin. "He’s a true New Yorker with the experience, the knowledge, and the leadership needed to prepare this City for the inevitable unexpected challenges that come our way next.”

 

“I’ve devoted my career to serving my fellow citizens – in good times, and in times of crisis,” said John Scrivani. “I thank Mayor de Blasio for entrusting me with this important role, and I look forward to helping this city continue to prepare, respond and recover. When New York City needs me, I’ll be there.”

 

John Scrivani has served as Director of the Office of Safety, Security & Emergency Management at the Virginia Department of Transportation (VDOT) since March 2019. Scrivani has held several roles in Virginia state government, including serving as Deputy State Coordinator for Disaster Services at the Virginia Department of Emergency Management (VDEM) from 2017-2019, and Division Administrator, Safety, Security & Emergency Management at VDOT from 2014-2017.

 

Scrivani served in New York City government for over 20 years. He has served as Special Assistant to the Deputy Mayor for Operations working on Super Storm Sandy Recovery projects, and as the NYCEM Deputy Commissioner for Operations from 2009-2011.

 

In 2008-2009, Scrivani was Deputy Director of the Special Operations Division at the NYC Office of Chief Medical Examiner (OCME), where he also oversaw operations and safety for the World Trade Center Potential Human Remains Recovery Project and managed the ME Special Operations Response Team. For 14 years, John worked as a member of the NYPD, where he retired as Commanding Officer of the Emergency Services Unit Hazardous Materials-Weapons of Mass Destruction Response Team and Training School. He was also a member of the NYPD elite Emergency Service Unit.

 

Attorney General James Commits to Thorough Review in the Event of the Sale of the American Irish Historical Society Building

 

 New York Attorney General Letitia James released the following statement addressing the potential sale of the American Irish Historical Society building in Manhattan:  

“Like so many New Yorkers, I know the importance of honoring the spirit of our cultural institutions. The American Irish Historical Society building on Fifth Avenue has been a focal point of the Irish experience in America for decades, and I take the recent concerns regarding the future of the building seriously. We are vigilantly monitoring the situation, and I want to reassure Irish communities here and abroad that any potential transaction would not move forward without consent from my office or consent from the courts. Irish Americans are an integral part of the fabric of our nation, and we are better off because of their hard work, strength, compassion, and resilience. I firmly stand in support of the Irish-American community and this historic landmark, on St. Patrick’s Day and every day.”

The Office of the Attorney General (OAG) has not received a formal request from the American Irish Historical Society building regarding the sale of its building. The American Irish Historical Society is a nonprofit entity. Under state law, the sale of property by a nonprofit organization is contingent on approval by OAG or the New York State Supreme Court. 

Comptroller Stringer Releases Agency Watch List Report on Citywide Homelessness Spending

 

Homelessness spending lands on Comptroller’s Watch List for third year; total spending for homeless services grew by 138 percent between fiscal years 2014 and 2020, rising to a total of $3.5 billion; overall spending grew by 8.7 percent since FY 2019, or $284 million, driven in large part by pandemic-related spending

Comptroller Stringer urges expanding supportive housing that combines affordability with social services and directing housing capital investment toward the creation of affordable housing within the reach of extremely low and very low-income households

 New York City Comptroller Scott M. Stringer released an Agency Watch List report on Homeless Services Provider Agencies for the third year. The Agency Watch List spotlights city agencies that raise budgetary concerns due to rapidly increased spending and limited measurable results. The report revealed that total spending for homeless services grew by 138 percent between fiscal years 2014 and 2020, rising to a total of $3.5 billion. Spending grew by 8.7 percent between FY 2019 and FY 2020, or $284 million, driven in large part by pandemic-related spending. Despite extraordinary increases in spending for homelessness prevention and permanent housing, the homeless population in shelter has remained stubbornly high, resulting in rising costs for shelter and associated homeless services to meet the legal mandate to provide shelter.

Comptroller Stringer has urged the Administration to expand supportive housing that combines affordability with social services and is desperately needed to ensure homeless individuals and families can transition to independent living. Comptroller Stringer also called on the City to direct housing capital investment toward the creation of affordable housing within the reach of extremely low and very low-income households.

“Our city was already facing a mounting homelessness crisis before the pandemic hit, and COVID-19 has only exacerbated these challenges,” said Comptroller Stringer. “More New Yorkers are struggling and we need to meet this crisis with solutions that work. The City is spending more money than ever before on services that are supposed to help people overcome and prevent homelessness, but we are not seeing the reductions in homelessness that we should. We simply aren’t creating enough affordable and supportive housing to make a long-term difference in the lives of New Yorkers in need. We must ensure that every single dollar is being spent effectively and actually helping New Yorkers experiencing homelessness.”

Comptroller Stringer’s report highlights the impacts of COVID-19 on the City’s shelter population. While the number of shelter entrants dropped due to the eviction moratorium in place during the pandemic, federal assistance including unemployment benefits, and a fear of contagion, the single adult population continued its steady growth with 8,208 more single adults in shelter now than there were in March 2014, an 80% increase. The pandemic also spurred the City to further step-up its reliance on commercial hotels, entering into a nearly $300 million contract with the Hotel Association of New York City to place sheltered individuals in hotels in order to prevent the spread of COVID-19 among homeless populations.

This year’s watch list report on Homelessness Services shows:

• Total spending for homeless services grew by 138 percent between fiscal years 2014 and 2020, rising to a total of $3.5 billion.
• In FY 2020, spending on Family Shelter operations fell for the first time, by $24 million or 2.1 percent.  Overall spending grew by 8.7 percent, or $284 million, driven in large part by pandemic-related spending.

• Since this time two years ago, the number of children in shelter has declined by 5,358 – a 24 percent drop.  Most of this reduction occurred during the pandemic period.
• The single adult population has continued its steady growth.  There are now 8,208 more single adults in shelter than there were in March 2014, an 80% increase.
• Most categories of homeless residents saw steep declines in shelter entrances in the first six months of the pandemic. Several factors likely explain the drop, including the eviction moratorium in place during the pandemic, federal assistance including unemployment benefits, and a fear of contagion.
• The number of families with children entering shelter, which typically peaks in the fall at around 1,100, was roughly half that number in October of 2020.
• The falloff was even more pronounced among Adult Families, declining from an average of over 100 per month, to under 50. Single Adult shelter entrants also fell, but less dramatically, to 1,470 in October 2020.

The report also highlighted indicators that could provide the public with useful information, but are not currently reported or only partially reported.

To read Comptroller Stringer’s Homeless Services Agency Watch List report, click here.

290 Days and Counting

 

Happy St. Patrick's Day, I'm wearing my green tie, my green underwear, and nave all that green money in a safe place, right Charlene?

Islamic Circle of North America Food Pantry Opens up on Burke Avenue

 

Saturday afternoon The Islamic Circle of North America ICNA Relief opened up its new food pantry at 1277D Burke Avenue off Gun Hill Road and across from the Masjid Noor-ul-Huda Islamic Center. This is in addition to their current site on Cruger Avenue in the Bronx. 

Many say that this new ICNA food pantry could not have been made possible without the help from Mr. Shabbir Gul, a leader in the Muslim community. Many of ICNA's elected official friends were on hand, as well as Mayoral candidate Scott Stringer to new Councilman Kevin Riley. 

ICNA volunteers are ready for the food giveaway after the opening ceremony. 

Mayoral candidate Scott Stringer with Shabbir Gul next to him.

New York Assembly Speaker Carl Heastie with Shabbir Gul next to him.

Assemblywoman Nathalia Fernandez with Councilman Mark Gjonaj, and Shabbir Gul.

Counsel General of Pakistan Ayesha Ali with Shabbir Gul. 

The new ICNA food pantry is in Councilman Kevin Riley's district.

Councilman Mark Gjonaj received a special award for his help in making ICNA what it is today.

Manhattan Chiropractor Arrested For Years-Long Health Care Fraud Scheme

 

Defendant Submitted False Health Care Claims to Insurers and, After Being Flagged by One Insurer, Used the Identities of Three Per Diem Chiropractors to Continue Submitting False Claims

 Audrey Strauss, United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Jonathan D. Larsen, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), and Thomas Licetti, New York Regional Director, U.S. Department of Labor Employee Benefits Security Administration (“DOL-EBSA”), announced today the unsealing of a complaint charging MELISSA PANAYIOTA KANES with health care fraud, money laundering, and aggravated identity theft in connection with a scheme to submit more than $800,000 in fraudulent health care claims, including by using, over the course of multiple years, the identities of three per diem chiropractors when submitting claims in an effort to hide the defendant’s association with the claims.

KANES was arrested this morning on Long Island, New York, and was presented earlier today before U.S. Magistrate Judge Sarah L. Cave. 

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Melissa Kanes filed numerous fraudulent health insurance claims for her chiropractic services.  Indeed, as further alleged, Kanes filed so many claims that an insurer flagged her for suspicious billing, at which point she tried to circumvent scrutiny by filing claims in the names of other chiropractors without their knowledge.  Now Melissa Kanes is in custody and facing federal charges.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, Kanes used the identities of three different chiropractors to reap more than $800,000 from fraudulent insurance claims.  The crimes with which she is charged today are serious ones, which carry the possibility of a lengthy prison sentence.  This case should serve as a warning to others unwilling to make adjustments to their illegal behavior – the federal criminal justice system could be just what the doctor ordered.”

IRS-CI Special Agent in Charge Jonathan D. Larsen said:  “The offenses charged in this case are particularly troubling because once the fraudulent activities were detected, the defendant allegedly continued the activities using additional concealment methods.  While the vast majority of health care providers are operating in good faith to take care of patient needs, it is the role of IRS CI and our law enforcement partners to bring to justice the small percentage of providers who are knowingly abusing the health care system for personal profit.”

DOL-EBSA New York Regional Director Thomas Licetti said:  “This type of activity is detrimental to workers, employers and the entire healthcare system. EBSA is proud to partner with our fellow federal agencies in protecting hard-earned employee benefits.”

According to the allegations in the Complaint:[1]

MELISSA PANAYIOTA KANES, the defendant, worked as a licensed chiropractor in New York, New York.

Between 2014 and 2016, KANES submitted a high volume of insurance claims to one of the largest private health insurance companies in the country (“Insurer-1”).  Insurer-1 served as the third-party claims administrator for various health plans, including a health plan covering the employees of a large consulting firm (“Victim Employer-1”).  At the outset, KANES submitted the bills using companies publicly associated with her and her own identification number.  But in 2016, Insurer-1 flagged KANES for improper billing and slowed or ceased payments to KANES.  Thereafter, KANES continued to submit claims to Insurer-1, but took steps to hide KANES’s association with the bills.  In particular, KANES submitted bills under the names and identification numbers of two newly incorporated companies (“New Company-1” and “New Company-2”), and three newly recruited per diem chiropractors (“Victim Chiropractor-1,” “Victim Chiropractor-2,” and “Victim Chiropractor-3”; together, the “Victim Chiropractors”), without the Victim Chiropractors’ knowledge or consent.

These claims to Insurer-1 – the vast majority of which related to services purportedly rendered to employees in the Manhattan office of Victim Employer-1, which was nearby KANES’s regular office in Manhattan – were false.  The claims variously misrepresented the provider of the services (as one of the Victim Chiropractors), the location of the services (as somewhere other than KANES’s regular office), and which chiropractic services were in fact rendered (including whether any were rendered at all).  More generally, the claims misleadingly omitted KANES’s involvement.  The fraudulent claims that KANES submitted to Insurer-1 alone totaled more than $800,000.

Along with Insurer-1, KANES submitted claims to other private health insurance companies during the relevant time period.  At least some set of those claims were also false.  In particular, on certain dates for which KANES claimed to have provided the services billed, KANES was, in fact, traveling outside the United States.

KANES, 50, of New Hyde Park, New York, is charged with one count of health care fraud, which carries a maximum sentence of 10 years in prison, one count of money laundering, which carries a maximum sentence of 20 years in prison, and one count of aggravated identity theft, which carries a mandatory consecutive term of two years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.

Ms. Strauss praised the outstanding investigative work of the FBI, IRS-CI, and DOL-EBSA.

If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact Wendy Olsen-Clancy, the Victim Witness Coordinator at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900, or Wendy.Olsen@usdoj.gov.  For additional information, go to: http://www.usdoj.gov/usao/nys/victimwitness.html.

The charges in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.

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

Black Market Money Remitter Pleads Guilty In Manhattan Federal Court

 

Jose Morely Chocron Laundered More Than $500,000; Admits to Operating an Unlicensed Money Transmitting Business

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that JOSE MORELY CHOCRON pled guilty today before U.S. District Judge Jed S. Rakoff to one count of money laundering.  CHOCRON laundered more than $500,000 in funds that had been represented to him to be the proceeds of a scheme to bribe Brazilian political officials, using a network and bank accounts to which he had access by virtue of his operation of an unlicensed money transmitting business.

U.S. Attorney Audrey Strauss said:  “Jose Chocron’s black-market banking was designed to facilitate tax evasion, and was used to facilitate what he thought was the bribery of a foreign official.  Unbeknownst to Chocron, the FBI had identified his network and worked quickly to dismantle it.  This Office will continue to ensure the integrity of the U.S. financial system by identifying and prosecuting shadow banking operations like Chocron’s.”  

According to the Complaint, the Indictment, and other filings in this case:

Between May 2019 and October 2019, CHOCRON, working with his co-conspirators, utilized his network of contacts and bank accounts to launder funds that had been provided to him by individuals who – unbeknownst to CHOCRON – were working for the Federal Bureau of Investigation (“FBI”).  Those individuals informed CHOCRON that the funds were the proceeds of bribes that had been paid to Brazilian public officials in order to obtain licenses and permits.  On four occasions, CHOCRON accepted cash from individuals who were working for the FBI or arranged to have the cash delivered to his associates.  He then arranged for the funds to be transferred to bank accounts specified by the FBI, minus a commission payment.

CHOCRON explained that he was able to receive large amounts of cash in the United States and arrange for those funds to be transferred to bank accounts because CHOCRON “ha[d] . . . people here that need cash.  They will transfer to you, because they don’t want to pay taxes . . .  What do I do? I give them the money and they make a transfer to me.”  He also requested a higher commission for his services than initially offered, stating “Let’s be clear, that’s laundering money.” 

CHOCRON, 61, of Spain and Venezuela, pled guilty to one count of money laundering, which carries a maximum sentence of 20 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  In connection with his guilty plea, CHOCRON also admitted that he operated an unlicensed money transmitting business, in violation of Title 18, United States Code, Section 1960.

CHOCRON is scheduled to be sentenced by Judge Rakoff on July 16, 2021, at 4:00 p.m.

Ms. Strauss praised the outstanding work of FBI New York’s Eurasian Organized Crime Task Force.

The prosecution of this case is being overseen by the Office’s Money Laundering and Transitional Criminal Enterprises Unit.  Assistant U.S. Attorneys Andrew C. Adams, Benet J. Kearney, and Sarah Mortazavi are in charge of the case.