Governor Hochul Updates New Yorkers on State's Progress Combating Covid-19 - OCTOBER 17, 2022

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

25 Statewide Deaths Reported on October 14

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

"As the colder weather sets in and we gather indoors, I urge New Yorkers to remain vigilant, be sure to use the tools that are available to keep themselves, their loved ones, and their communities safe and healthy," Governor Hochul said. "Take advantage of the vaccine by staying up to date on doses. Test before gatherings or travel and if you test positive, talk to your doctor about potential treatment options."

Governor Hochul continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters from Pfizer-BioNTech for anyone age 12 or older and from Moderna for those 18 or older. Last week, the bivalent booster was approved by the FDA and CDC for anyone age 5 and older for the Pfizer-BioNTech and 6 and older for Moderna, and both will be available in the coming days. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. 

In addition, Governor Hochul is encouraging New Yorkers to get their annual flu vaccine as flu season is already widespread across New York State. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system.

The State Department of Health has its annual public education campaign underway, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. Public service announcements continue to run in both English and Spanish language.

For information about flu vaccine clinics, contact the local health department or visit Vaccines.gov/find-vaccines.  

Today's data is summarized briefly below:    

1. Cases Per 100k - 14.70
2. 7-Day Average Cases Per 100k - 20.30
3. Test Results Reported - 39,075
4. Total Positive - 2,872   
5. Percent Positive - 6.79%**    
6. 7-Day Average Percent Positive - 6.60%**      
7. Patient Hospitalization - 2,731 (+17)* 
8. Patients Newly Admitted - 460*
9. Patients in ICU - 274 (-12)*
10. Patients in ICU with Intubation - 92 (+2)*
11. Total Discharges - 350,977 (+434)*
12. New deaths reported by healthcare facilities through HERDS - 25*  
13. Total deaths reported by healthcare facilities through HERDS - 58,427*  

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.       

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.      

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

• Total deaths reported to and compiled by the CDC - 74,647

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. 

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:      

Borough	Friday,   October   14, 2022	Saturday,   October   15, 2022	Sunday,   October   16, 2022
Bronx	4.85%	5.10%	5.02%
Kings	3.79%	3.97%	4.61%
New York	5.33%	5.52%	5.55%
Queens	6.11%	6.23%	6.27%
Richmond	7.02%	7.02%	6.82%

State Senator Gustavo Rivera and Assemblymember Yudelka Tapia Announce State Funding for Tremont Library

 

State Senator Gustavo Rivera and Assemblymember Yudelka Tapia announce that $120,888 in state aid from the 2021-2022 State Budget has been allocated to the Tremont Branch of the New York Public Library. These funds will enable the Tremont Library to support the replacement of the front and side doors at the library, which are now past their useful life. The new doors, like the existing non-original doors, will be fabricated to the specifications of this historic, red brick building. The Tremont Library has served the Bronx since 1905 and was originally built with funds given to New York City by Andrew Carnegie.

“The Tremont Library is a staple of our community and a monument that should be preserved. I’m proud that this funding allocation will help upgrade this facility to better welcome families who enjoy the space and its services. Public libraries are community assets and I’m grateful that our State is actively investing in them to keep them updated for years to come,” said State Senator Gustavo Rivera. 

“Libraries should be areas where someone can grow in their intellectual formation. The Tremont Library has long been a part a staple of this community in assuring that some of the most marginalized Bronxites have an opportunity to thrive. These renovations will continue to allow people to form friendships, memories, and development in such a key part of the Bronx,” said Assemblymember Yudelka Tapia.

New York’s public libraries are in urgent need of renovation and upgrading. More than half of the over 1,000 public library buildings in communities across New York are over 60 years old. Many of New York’s local public libraries are unable to accommodate users with disabilities, are energy inefficient, or cannot provide Internet, computer, and other electronic technologies to users because of outdated and inadequate electrical wiring. The New York State 2021-2022 Budget funded the State Aid for Library Construction Program to support the construction of new library buildings, the development of broadband infrastructure, construction additions to existing buildings, and the renovation and/or rehabilitation of existing spaces. 

MAYOR ADAMS, SANITATION COMMISSIONER TISCH ANNOUNCE DRASTICALLY REDUCED HOURS TRASH WILL SIT ON NYC STREETS

 

New Rules Will End City’s “Five O’Clock Shadow” of Trash Bags

As part of the Adams administration’s ongoing commitment to cleaning up New York City’s streets and strengthening the city’s economic recovery, New York City Mayor Eric Adams and the New York City Department of Sanitation (DSNY) today announced the opening of the public comment period for new proposed rules, reducing the number of hours trash and recycling will sit on New York City sidewalks by adjusting the time of day trash may be placed on the curb. Currently, trash and recycling may be placed on the curb after 4:00 PM the night before collection — the earliest of any major American city — meaning that in many neighborhoods these items can sit out for more than 14 hours, including during the evening pedestrian rush hour. These new rules would decrease the amount of time trash is left on the curb, diminishing the eyesore of black bags, reducing trash for rats, and improving cleanliness — and ultimately boosting the city’s recovery.

 

“Bags of trash sitting on the curb for hours have hurt our city’s recovery for too long and is one of the most indelible images of New York, but, today, we’re saying enough is enough by making a generations-overdue change that will have a real impact on the cleanliness of our streets,” said Mayor Adams. “By drastically reducing the amount of time that black bags can sit on our curb, we’re not just catching up with other cities but surpassing them and leading the nation again. This announcement will keep our streets clean, it will discourage rats from running their own version of Open Restaurants, and it will mean no more tripping over black garbage bags at rush hour. We’re not going to let New Yorkers be plagued by rats — we’re going to keep our city squeaky clean.”

 

“This announcement shows just how much is possible when we bring everyone to the table,” said Chief Advisor Ingrid Lewis-Martin. “I’m grateful to 32BJ, REBNY, and Teamsters Local 831 for coming together with this administration to deliver a win for millions of New Yorkers and help build a cleaner, more welcoming city for all.”

 

"Rush hour shouldn't also be trash hour. By reducing the hours trash is allowed to sit on our streets, we are giving New Yorkers back their sidewalks,” said Deputy Mayor for Operations Meera Joshi. “New Yorkers will see and smell the difference, and rats will be cut off from their all-you-can-eat buffet."

 

“The time to do this was really in the 1970s when the city banned residential incinerators and created the modern black bag regime, but the second-best time is right now, when our city’s recovery hangs in the balance,” said DSNY Commissioner Jessica Tisch. “New Yorkers want the streets cleaned up, and seeing the bags for a few hours a day instead of more than half the day will make a huge, huge difference.”

 

Under the new rules, slated to go into effect on April 1, 2023, residential buildings would have up to three options, each of which would substantially decrease the amount of time trash is on the curb:

 

• Place trash out after 6:00 PM in a secure container,
• Place trash out after 8:00 PM if putting bags directly on the curb, or
• If a building has nine or more residential units, the property owner may opt in to a 4:00 – 7:00 AM set-out window instead. The opt-in period will run for the month of January each year, allowing DSNY to design quick and efficient routes that take effect April 1.

 

Taken together, this means trash will sit on the curb for a fraction of the time it does currently. These rules would apply to recycling and curbside composting as well.

 

This announcement also includes new clarified rules for commercial establishments, which do not receive service from DSNY but rather from private waste haulers. Businesses may engage in one of the following options:

 

• Place trash out after 8:00 PM if putting bags directly on the curb or
• Place trash out one hour before closing in a secure container.

 

In addition to these new proposed rules, DSNY is doing more of its collection on the midnight shift than pre-pandemic, further reducing the amount of time trash sits on the street. Overnight collection now accounts for approximately one quarter of all collection operations — roughly 5 million pounds per night.

 

The proposed rules are subject to public comment under the City Administrative Procedure Act. The comment period will be open until November 10, and a public hearing on the proposed rules will be held on Thursday, November 10 at 9:30 AM. After considering these public comments, DSNY will publish final rules later this year. Public comments can be submitted by email, mail, or via the city’s website.

 

“The commissioner brings up a very important point — the black bags are on the streets too long, and every day the city’s sanitation workers do their part to collect them. We know this will make a real difference in the cleanliness of the streets,” said Harry Nespoli, president, Uniformed Sanitationmen’s Association Local 831.

A Notice to all that the link given to Community Board 11 today is broken about the Pelham Parkway malls project, and the release one must sign to get into a Parks Department Forum. I refuse to agree to.

This is fraud by the Parks Department forcing someone to agree to terms that they don't want to or they can not attend a meeting. This will be sent to the Department of investigation.

We will be conducting Scope/Community Input Meetings for the construction of Pelham Parkway Malls Plaza on Monday, September 19^th at 6:00 p.m. and for the renovation of Zimmerman Playground on Wednesday, October 26^th at 6:00 p.m. via Zoom. We would like you or a representative from Community Board 11 to join and give us input. Please see the flyers attached. Below are the links for registration, as it is necessary to register to participate. Thank you.

 

Pelham Parkway Malls Plaza Construction Link: Community Input Meetings Registration : NYC Parks (nycgovparks.org)

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Zimmerman Playground Reconstruction Community Input Meeting

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Georgia woman charged with defrauding FEMA in connection with $156 million Hurricane Maria contract

 

 Tiffany Brown has been indicted for allegedly defrauding the Federal Emergency Management Agency (“FEMA”) in connection with a nearly $156 million contract she was awarded that required Brown to provide 30 million self-heating meals to the residents of Puerto Rico in the aftermath of Hurricane Maria in 2017.

“It is unconscionable that Brown would exploit the disaster that Hurricane Maria wrought on Puerto Rico,” said U.S. Attorney Ryan K. Buchanan. “The residents of Puerto Rico—fellow Americans—were depending on and expecting the very best from its federal government, and from one another, during this unprecedented disaster. Our office will not hesitate to prosecute those who attempt to defraud the government during times of great need.”

“The DHS Office of Inspector General extends appreciation to the U.S. Department of Justice and our law enforcement partners for their continued collaboration.  This indictment sends a clear message that the theft of federal disaster funds will not be tolerated,” said Dr. Joseph V. Cuffari, Inspector General, U.S. Department of Homeland Security.

“Fraudsters looking to profit off of individuals who are already suffering from the impact of a natural disaster is an appalling and inexcusable crime,” said Keri Farley, Special Agent in Charge of FBI Atlanta.  “The FBI and our partners will aggressively pursue any person who seeks to line their pockets by defrauding the government during times of tragedy.”

According to U.S. Attorney Buchanan, the charges and other information presented in court: On September 20, 2017, Hurricane Maria made landfall as a Category 4 hurricane in Puerto Rico. As a result, officials issued a major disaster declaration, and—shortly thereafter on September 25 and 26, 2017—FEMA issued a solicitation seeking vendors to provide 40,000,000 self-heating meals per week to the island. FEMA made clear that it required meals that were actually self-heating, and that meals requiring a microwave or heating by some external source—such as boiling water—were unacceptable.

On September 28, 2017, Brown submitted a proposal to FEMA falsely representing that her Georgia-based company, Tribute Contracting LLC (“Tribute”), could provide the necessary self-heating meals. In doing so, Brown allegedly misrepresented that Tribute and she:

• Could deliver 10 million meals per day utilizing 210 trucks;

• Prepositioned its inventory and would have more than 300,000 meals in its possession before an emergency response;

• Were equipped with the “vehicles, staff, and know-how to meet. . delivery needs 24 hours a day, 7 days a week”; and

• Partnered with a major logistics agency to meet FEMA’s delivery requirements.

Brown allegedly not only lacked any of these capabilities but had plagiarized significant portions of her proposal. On October 1, 2017, Brown followed-up with FEMA about her proposal and allegedly represented falsely that she had firm confirmation from her “core suppliers for 30 million self-heating meals in 30 days” and that she could begin delivering one million self-heating meals a day beginning on October 7, 2017. In reality, Brown had neither secured any suppliers to provide the self-heating meals nor arranged with any shippers or logistics agencies to deliver these meals.

On October 3, 2017, FEMA awarded Tribute and Brown a $155,982,000 contract that required Brown to deliver 30,000,000 self-heating meals between October 7, 2017 and October 23, 2017, beginning with a delivery of one million meals on October 7. Brown had still not secured a supplier for any self-heating meals when she was awarded the FEMA contract. Nevertheless, between October 7 and 9, Brown allegedly continued to falsely misrepresent the status of her suppliers and timing of deliveries. On October 11, 2017, Brown submitted to FEMA a voucher and supporting documentation (i.e., bills of lading) requesting a payment of $255,000 based on false representations that she had delivered 50,000 self-heating meals.

Although Brown had procured 50,000 meals from a small Georgia vendor, these meals were not self-heating, and Brown in fact never delivered any self-heating meals as required under the FEMA contract. Indeed, after submitting the fraudulent voucher, Brown allegedly was still trying to secure a vendor who could supply the millions of self-heating meals that the FEMA contract required.

On October 19, 2017, Brown continued to claim to FEMA that she would supply the required meals. That same day, FEMA terminated its contract with Brown and Tribute. Even after the contract was terminated, Brown allegedly made false representations to FEMA in an effort to secure additional payments from FEMA for costs that Brown had purportedly incurred while trying to fulfill the contract.

Tiffany Brown, 43, of Atlanta, Georgia, was arraigned before U.S. Magistrate Judge Regina D. Cannon, charged with 11 counts of major disaster fraud, 14 counts of wire fraud, one count of theft of government money, and three counts of money laundering. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.  Brown was indicted by a federal grand jury on September 27, 2022.

NYPD Announces Proposed Rules for Receiving a Firearm License

 

The NYPD is releasing proposed rules concerning the issuance of firearm licenses. The proposed rules seek to amend gun licensing standards in light of the Supreme Court decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022) and recent statewide legislation governing gun licensing. If adopted, the proposed rules will make emergency rules issued in August and September of 2022 permanent.

Specifically, the proposed rules will amend the minimum age to obtain a rifle/shotgun permit from 18 to 21; codify hearing procedures for licensees whose licenses have been suspended or revoked; require applicants to attest that they have received the rules for license revocation, the laws relating to sensitive and restricted locations, and the requirements for safe storage of a firearm; eliminate the “proper cause” and “good cause” standards; update the rules to allow for electronic filing of applications and documents to obtain or renew a firearm license; add state law requirements to receive a carry license, such as four character references and list of current and former social media accounts from the last three years; require applicants for a carry license to certify that they completed the training course and live-fire training course as required pursuant to section 400.00(19) of the Penal Law; repeal the pre-license exemption application for applicants who need to use a gun for instructional purposes; add a two-hour live firearms training requirement in connection with renewal applications for carry licenses; require that when a handgun is outside of the licensee’s immediate possession or control, the handgun is safeguarded with a safety locking device and stored in a locked container.

There will be a public hearing on November 18, 2022 in the first-floor auditorium of 1 Police Plaza. The proposed rules will not be in effect until the NYPD posts final rules sometime after this public hearing.

Notice of Proposed Rules for Receiving a Firearm License