DCP and DOT Announce Citywide Design Engagement Process for Permanent Open Restaurants Program

 

New task force will develop detailed design rules and parameters for roadway seating as next step in making Open Restaurants permanent

 Department of City Planning (DCP) Director Anita Laremont and Department of Transportation (DOT) Commissioner Hank Gutman today announced an upcoming citywide public engagement process for design rules on permanent outdoor dining setups located on city streets. 

“Getting design right is among the most important elements of our coming Open Restaurants program – for our health and safety, and for our enjoyment of New York City’s public realm. To get it right, we need input from the public – you. So please, get involved and let’s make the Open Restaurants program even better,” DCP Director Anita Laremont said.

 

“Open Restaurants not only helped save New York’s world-renowned restaurant industry, it also showed how we can dynamically reimagine our streetscape,” said DOT Commissioner Hank Gutman. “Developing design guidelines will ensure that this emergency program can be transformed into a permanent part of our city, anchoring restaurants in our communities so that this program continues to flourish.”

In 2020, following directives of the Mayor and Council legislation, the City began work on a permanent successor to the Open Restaurants program currently enacted under emergency executive order. The first phase of implementation, a zoning text amendment, is currently in public review, having started the process on June 21, 2021. The permanent Open Restaurants zoning text amendment aims to remove geographic restrictions on where sidewalk cafes can be located within New York City, which stands in the way of thousands of Open Restaurants continuing to have sidewalk cafes post-emergency. Other future phases of implementation will require legislative changes, such as transferring authority for sidewalk cafes from the Department of Consumer and Workforce Protection (DCWP), which previously administered the program, as well as the establishment of siting rules, a fee structure and an application review process for the entirely new roadway program.

 

While the sidewalk cafe program benefits from long-established siting criteria – such as “clear path” requirements that ensure tables and chairs are appropriate distances from fire hydrants and neighboring businesses – the introduction of roadway dining has raised novel questions about how to best integrate these new setups into the complex environment of NYC streets. This design engagement process with New Yorkers will focus on clear design rules for dining on city streets. The robust, six-month outreach will culminate with the release of design guidelines next Spring.

 

Co-led by DCP and DOT, these in-person and remote roundtables will take place throughout New York City this fall and winter. Specifics on these public outreach sessions will be listed in the near future on the DOT webpage dedicated to Open Restaurants as well as on NYC Engage. These discussions will offer opportunities for New Yorkers to share their thoughts on how Open Restaurant structures should be designed to ensure that the final program rules balance creativity, feasibility and cost as they seek to enhance comfort and safety for all New Yorkers.

 

On a parallel track, a stakeholder outreach process will be facilitated through a partnership with the Regional Plan Association, Design Trust for Public Space and the Tri-State Transportation Campaign. These design and advocacy groups will hold a series of independent roundtables to ensure a robust cross section of challenges, needs and ideas are considered in the design, operations and policy goals associated with the coming Open Restaurants program.

 

“New York City’s Open Restaurants program has demonstrated that streets can be reimagined in a way that benefits local businesses and residents,” said Kate Slevin, Executive Vice President, Regional Plan Association. “Regional Plan Association is thrilled to collaborate with the Department of City Planning and the Department of Transportation to refine and improve the program as it transitions from a temporary emergency measure to a permanent part of city life.”

 

“Open Restaurants has shown that our public realm can serve New York residents and small businesses in new and vital ways. Doing so effectively in the long-term will require an equal amount of open conversation and engagement. That why the Design Trust for Public Space, alongside Tri-State Transportation Campaign and Regional Plan Association, is proud to be engaging with neighborhoods and restaurants on the future of this important program,” said Matthew Clarke, Executive Director of the Design Trust for Public Space.

 

“Open Restaurants helped save thousands of small businesses from shuttering, it’s credited with saving 100,000 industry jobs, and providing New Yorkers the opportunity to safely socialize while dining alfresco over a great meal during the Covid-19 crisis. Now as the city transitions from the temporary, emergency outdoor dining program to permanent roadway seating, we commend and look forward to working with the Department of City Planning, Department of Transportation, and community stakeholders in a thoughtful public engagement process to develop the permanent Open Restaurants program that’s standardized, sustainable and transformative for our city’s streetscape, neighborhoods, economy and dining culture,” said Andrew Rigie, Executive Director of the NYC Hospitality Alliance.

 

The design and public engagement processes, organized and led by DCP and DOT, will also be will be assisted by an interagency Open Restaurants design taskforce consisting of representatives from relevant agencies involved in managing the restaurant industry or in street planning:

• Dept of Buildings
• Dept of Consumer and Worker Protection
• Dept of Environmental Protection
• Dept of Health and Mental Hygiene
• Dept of Sanitation
• Economic Development Corporation
• Fire Department of New York
• Landmarks Preservation Commission
• Mayor's Office of Media and Entertainment
• Mayor’s Office of People with Disabilities
• Public Design Commission
• Small Business Services

 

As we continue to gather feedback from across the city, DOT's new roadway design website will share key areas of design consultation, which includes issues like:

·         Enhancing safe interactions between diners, drivers, cyclists and pedestrians

·         ADA compliance and best practices for platforms and ramps

·         The types of shade structures that can be permitted while still meeting the goals of openness and removability

 

Besides engagement events, members of the public can now visit the website to provide ideas and feedback on how these sidewalk and street structures for outdoor dining can best enhance safety, mobility and public access.

 

The completion of the design engagement process will be marked with the release of design guidelines in Spring 2022, which will detail all the intended design parameters, vetted by the interagency group.

 

After that, a robust community and borough level engagement and outreach program will be set up for sharing the design concepts in advance of the City’s rulemaking process known as the City Administrative Procedure Act, or CAPA. It is through CAPA that the City will finalize and adopt formal rules relating to the permanent Open Restaurants program, including rules for outdoor dining structures in the roadway.

 

Following adoption of the rules through CAPA, DOT will publish a final visual “manual” of design guidance, including an easy-to-use digital application that will provide a roadmap to restaurants on their outdoor dining structures. This resource will be made available ahead of the official launch of applications for the permanent Open Restaurants program, expected in late 2022.

 

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.

 

Assemblywoman Nathalia Fernandez - Job Fair, October 23rd

 

Hello,  

Mark you calendars for our upcoming Job Fair with NYS Department of Labor!

Date: Saturday October 23rd

Time: 11:00am - 3:00pm

Location: Columbus High School, 975 Astor Ave 

If you have any questions or concerns, contact us at district80@nyassembly.gov or 718-409-0109.

 Best Regards,

New York State Assemblywoman Nathalia Fernandez

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - OCTOBER 6, 2021

 

67,900 Vaccine Doses Administered Over Last 24 Hours

32 COVID-19 Deaths Statewide Yesterday

 

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.  

"My number one priority is getting everyone vaccinated, especially those in healthcare settings. If we can get shots to everyone who needs them, we can keep our businesses open and safe," Governor Hochul said. "We made incredible progress ever since the pandemic started, and I urge everyone to schedule your first shot if you haven't gotten it yet, and take your second dose when you can. Together, we can keep our neighbors and family safe."

 

Today's data is summarized briefly below:

• Test Results Reported - 195,894
• Total Positive - 5,672
• Percent Positive - 2.90%
• 7-Day Average Percent Positive - 2.37%
• Patient Hospitalization - 2,250 (+19)
• Patients Newly Admitted -329
• Patients in ICU - 524 (+5)
• Patients in ICU with Intubation - 293 (+5)
• Total Discharges -  202,257 (+263)
• New deaths reported by healthcare facilities through HERDS - 32
• Total deaths reported by healthcare facilities through HERDS - 44,735

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

Total deaths reported to and compiled by the CDC - 56,992

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

• Total vaccine doses administered - 25,635,101
• Total vaccine doses administered over past 24 hours - 67,900
• Total vaccine doses administered over past 7 days - 457,871
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 82.2%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 74.2%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 84.9%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 76.1%
• Percent of all New Yorkers with at least one vaccine dose - 69.6%
• Percent of all New Yorkers with completed vaccine series - 62.7%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 71.9%
• Percent of all New Yorkers with completed vaccine series (CDC) - 64.3%

Allerton International Merchants Meeting

 

Tuesday night was the Allerton International Merchants Meeting, which was held in an outdoor area on Radcliff Avenue. The guest speaker was Bronx Department of Transportation Commissioner Nivardo Lopez. Commissioner Lopez was there to speak on two topics. The first was the Escooter Pilot Program, and the second was about new regulations for the Outdoor Dining on the sidewalk and in the street. 

Commissioner Lopez went over the rules for the Ecooter program, and fielded questions from the audience, much the same as from other community meetings he attended. He handed out a card with all three Escooter contacts. Bird 866-205-2442, hello@bird.co. Lime 888-546-3345, support@li.me. VEO 855-836-2256, hello@veoride.com. He suggested if there were any problems to get in touch with the companies. One of the officers in attendance from the 49th Precinct suggested a large tag with the individual Escooter number on it in a visible area so the Escooter could be identified if the rider was riding improperly. 

On the subject of Outdoor Dining Commissioner Lopez said that new rules were being gone through by a task force for next year. Some of the rules would be that any outside dining could only be in front of the establishment, and no further as some have done legally with the owners permission. He added that there would be no permanent street structures, because it would only be allowed from May to October. That brought a cheer from some in the audience. 

The NCO officer spoke on some of the quality of life issues that were brought up, saying that the 49th Precinct was doing the best job they could at going after the illegal dirt bikes and loud music being heard at all hours of the night.

Bronx DOT Commissioner Nivardo Lopez waits for his time to speak.

Van Nest Neighborhood Alliance Meeting

 

 Monday night was the second in person Van Nest Neighborhood Alliance meeting. The scheduled guest Republican 13th City Council candidate Aleksander Mici was a no show, but it was good that State Senator Gustavo Rivera stopped in to say hello. Senator Rivera became the guest speaker, and filled in very well as he was grilled by VNNA Executive Board members and members of the audience On the recent No Cash Bail Law.

Senator Rivera started his talk about his endorsement of a Single Payer Health Plan, which he said all the bills would be paid by the state, not insurance companies as presently is done. He added that everyone would have the same plan no matter who they were including himself. The discussion then turned to the controversial issue of the No Cash Bail Law. Senator Rivera defended the bill, bringing up that poor people were kept in jail for minor crimes, while rich people like Harvey Weinstein made bail no matter how large it was and were out of jail on bail. He added that people in jail are innocent until proven guilty. There was pushback from the audience, that people who commit crimes are right back out on the streets, and they know that and keep committing crimes. 

Senator Rivera ended by saying to Mr. Sammy Ravelo, one of his constituents, that he represents 330,000 people, you (Sammy) may disagree with me, but I still respect your position on the issue. The senator also said that he voted for Marriage Equality, and that some churches refused to invite him to events in their churches because of his vote. 

The VNNA will be having a fall festival on Saturday October 23, 2021 at the Van Nest Park located at Van Nest Avenue and Unionport Road from 12 - 4 PM. 

Senator Rivera talking to the audience about the Single Payer Health Plan.

Senator responds to a question by VNNA President Bernadette Ferrara, with VNNA Vice Sharlene Jackson-Mendez.

Owner Of New York Investment Fund Sentenced To Seven Years In Prison For Orchestrating $26 Million Scheme To Defraud Investors

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that BRENT BORLAND, the owner and principal of a New York-based investment fund known as Belize Infrastructure Fund I LLC (“Belize Fund”), was sentenced today in Manhattan federal court to 84 months in prison for orchestrating a $26 million investment fraud scheme against dozens of investors.   BORLAND pled guilty in February 2019 to conspiring to commit, and the commission of, securities fraud and wire fraud before U.S. District Judge Katherine Polk Failla, who imposed today’s sentence.

Manhattan U.S. Attorney Strauss said: “Brent Borland led a years-long, multifaceted scheme to bilk victims out of more than $26 million.  Using lies and deceit, Borland tricked more than 40 investors into entrusting him with their hard-earned money. In truth, Borland’s promises to investors were lies, and he spent much of their money on himself.  For the financial and emotional devastation his fraud has inflicted, Borland will spend the next seven years in prison.”    

According to the Complaint, Indictment, and statements made in connection with sentencing:

From 2014 through March 2018, BORLAND and others solicited and received approximately $26.1 million from approximately 40 investors based upon representations that he would use the investors’ money to construct an airport in Belize.  BORLAND promised investors high rates of return on their investments, which he represented were temporary “bridge financing.”  BORLAND also represented to investors that their investments would be fully secured by real property in Belize that was unencumbered by any liens or obligations.

In fact, however, BORLAND misappropriated millions of dollars of investors’ funds and used those funds for his own personal benefit.  BORLAND diverted a substantial portion of the funds invested by victims to himself to pay for a variety of personal expenses, including his mortgage payments, credit card bills, luxury automobiles, a beach club membership, and private school tuition for his children.  In contrast to BORLAND’s representations that investors would receive high rates of return within a specified time frame, all known investors in the scheme lost money.  And while BORLAND represented that the investments would be secured by real property, the property purportedly serving as collateral was improperly pledged to multiple investors and, in some cases, did not even exist in the manner identified and described by Borland in documents he provided to the investors. 

In addition to his prison term, BORLAND, 51, of West Palm Beach, Florida, was sentenced to three years of supervised release and ordered to pay forfeiture of $26,584,970 and restitution of $26,184,970.          

Ms. Strauss praised the investigative work of the U.S. Postal Inspection Service and thanked the Securities and Exchange Commission, which brought a separate civil action. 

Attorney General James and State Police Superintendent Bruen Announce Conviction of Contractor for Defrauding Homeowners Out of More Than $50,000 in the Capital Region

 Dwight Fiero, Who Falsely Claimed to Be a Combat Veteran, Pleaded Guilty to Felony Scheme to Defraud and Grand Larceny 

 New York Attorney General Letitia James and New York State Police Superintendent Kevin Bruen announced the conviction of Dwight Fiero, a/k/a David Fiero, 44, for his role in a contractor fraud scheme perpetrated against homeowners across the Capital Region. Fiero pleaded guilty to Grand Larceny in the Third Degree and Scheme to Defraud in the First Degree in Albany County Court before the Honorable Andra Ackerman. Fiero’s conviction resolves a 10-count indictment unsealed earlier this year, charging him with pocketing more than $50,000 in deposit monies from numerous homeowners meant for home improvement projects, all while he was awaiting sentencing on a conviction for another case. 

“Dwight Fiero shamelessly cheated New York homeowners and undermined our nation’s integrity to line his own pockets,” said Attorney General James. “Let this serve as a loud and clear message that there is no place for fraud in our state and bad actors will be held accountable to the fullest extent of the law. My office remains committed to delivering justice, and we will continue to use everything in our toolbox to protect the homes and wellbeing of all New Yorkers.”

“Our joint investigation revealed that this contractor misrepresented himself as a combat veteran in order to cheat homeowners out of their hard-earned money,” said Superintendent Bruen. “We will continue to partner with the Office of the Attorney General to hold those who attempt to defraud homeowners accountable for their actions.”

This conviction is the result of a joint investigation by the Office of the Attorney General’s (OAG) Criminal Enforcement and Financial Crimes Bureau and the New York State Police (NYSP) Financial Crimes Unit. The investigation began in the fall of 2020 after numerous homeowners filed complaints with the NYSP and the OAG’s Consumer Frauds and Protection Bureau.

In June of this year, Fiero was charged by an Albany County grand jury with stealing more than $50,000 from numerous Capital Region homeowners, between April 24, 2020 and November 22, 2020, while he was released and awaiting sentencing on an unrelated case. According to prosecutors, Fiero advertised himself as a military combat veteran on Facebook Marketplace who could build and install backyard decks. Fiero advertised his services under the businesses War Cry Contracting, Veterans Contracting, and Battle-Scarred Contracting. Fiero then lured unsuspecting homeowners who were looking to have home renovation projects completed during the COVID-19 pandemic into falsely supporting who they thought was a veteran.

Fiero was charged with soliciting large, upfront deposits for work, and then failing to perform the work or so poorly performing the work that homeowners had to pay to have everything removed. In one instance, Fiero enclosed a porch for a homeowner whose home had gray siding, but instead he used tan siding on the enclosed porch — leaving her with an enclosed porch that was of such unsound design that it needed to be replaced altogether and a home with two completely different colors of siding. 

Fiero, who is currently serving a sentence of 18 months to three years for his prior conviction on the unrelated case, faces a sentence of not less than two to four years and not more than three to six years in state prison when he is sentenced by Judge Ackerman on December 7, 2021. This sentence will run consecutive to the sentence he is currently serving.

Attorney General James wishes to thank the NYSP Financial Crimes Unit for its invaluable assistance in this investigation.

On Three-year Anniversary of Schoharie Limousine Crash, Governor Hochul Announces Appointments to the Limousine Passenger Safety Task Force

 

Directs Task Force to Convene and Agree on Swift Timeline for Comprehensive Study Examining Matters Influencing the Safety, Adequacy, Efficiency and Reliability of Stretch Limousine Transportation 

 Governor Kathy Hochul today announced she has appointed four new members to the Stretch Limousine Passenger Safety Task Force and directed the task force to immediately convene and agree on a timeline for completing its comprehensive study of safety measures. The four newly appointed members join the three members who were already designated, enabling the task force to begin the study that will be presented to the Governor and State agencies that oversee limousine services in New York State. Recommendations for the remaining spots on the task force are all in and undergoing vetting. The task force's study will closely examine matters influencing the safety, adequacy, efficiency and reliability of stretch limousine transportation. 

"As we mark the three-year anniversary of the tragic crash, we must honor the memory of these individuals by realizing our obligation to review every single aspect of limousine transportation and help prevent such tragedies," Governor Hochul said. "With all recommendations for the task force now in, I am directing the task force to convene without further delay and commit to a timeline for conducting and submitting its review of safety measures, so we can better protect every passenger and others who share the road." 

The new members include Joan McDonald, Westchester County Director of Operations, and Matthew J. Driscoll, Executive Director at New York State Thruway Authority, selected and appointed by the Governor; and David J. Brown, President and CEO at Premiere Transportation, and Edward Stoppelmann, Co-owner of Red Oak Transportation, appointed by the Governor upon recommendation from the Speaker of the Assembly as required by law. 

The new members join the commissioners of the New York State Department of Motor Vehicles and the New York State Department of Transportation and the Superintendent of State Police, all of whom were already designated as members of the task force by statute.

The Senate has submitted their recommendations for appointments to the task force and those are under review.