Monday, August 7, 2023

MAYOR ADAMS, DOT COMMISSIONER RODRIGUEZ LAUNCH NATION’S FIRST AUTOMATED ENFORCEMENT AGAINST OVERWEIGHT TRUCKS ON BQE, CRITICAL MEASURE TO PROTECT AGING ROADWAY

 

Builds on Adams Administration’s Ongoing Effort to Deliver Long-Term Fix for City-Owned Portions of BQE

 

90-Day Warning Period Will Begin August 10, Violations to Be Issued Starting November 8


New York City Mayor Eric Adams and New York City Department of Transportation (DOT) Commissioner Ydanis Rodriguez today announced that the city will begin its first-in-the-nation automated enforcement program targeting overweight trucks on the Brooklyn-Queens Expressway (BQE) this month. As the BQE faces well documented structural challenges, this cutting-edge new tool will help the city protect the existing roadway for all users, including trucks within the legal limit, as well as community members — helping to keep the roadway safe as the Adams administration pursues an accelerated effort to re-envision and redesign the BQE.

 

Under the new automated enforcement program, advanced “weigh-in-motion” (WIM) sensors will determine the weight of a given vehicle on the city-owned portions of the BQE and sync with license plate cameras to issue citations to those found to be in violation of weight limits outlined in state and federal law. The new program will kick off for Queens-bound traffic with a 90-day warning period beginning on August 10, 2023, and then, beginning November 8, 2023, overweight trucks will be subject to a $650 fine per violation. Infrastructure will be installed for Staten-Island bound traffic this year, with the same 90-day warning period taking place before violations are issued. The new program also expands the city’s efforts to enforce state laws designed to protect the lifespan of roads and bridges, and it builds on ongoing targeted enforcement efforts by the New York City Police Department (NYPD) as well as DOT’s track record of administering successful automated traffic enforcement programs. Additional information about truck weight limits and the weigh-in-motion program is available online.

 

“New York City is leading the country in protecting and reimagining our critical infrastructure, and this first-in-the-nation weigh-in-motion program will be a critical tool not only to protect the roadway but also to support our aggressive efforts to re-envision a safer and greener BQE,” said Mayor Adams. “The BQE is a critical driver of our entire region’s economy, and we will enforce the law to keep our city’s recovery moving full speed ahead. I want to thank Governor Hochul, Senator Gounardes, and Assemblymember Simon for their partnership on this legislation.”

 

“Managing overweight trucks is critical to improving safety on our streets and prolonging the lifespan of the BQE ahead of our redesign,” said Deputy Mayor for Operations Meera Joshi. “I want to share my deep gratitude to Governor Hochul, Senator Gounardes, Assemblymember Simon, and Councilmember Restler for their tireless advocacy, which ultimately moved this legislation forward. With this win on WIM, New York City will be leading the nation on automated overweight truck enforcement.”

“Overweight trucks cause wear and tear that requires costly maintenance and reduces the lifespan of our roads and bridges. We need to keep overweight trucks off our streets, and New York City is leading on this with the first-in-the-nation automated weigh-in-motion enforcement system to issue violations to those who break the law,” said DOT Commissioner Rodriguez. “I thank Governor Kathy Hochul, Senator Gounardes, and Assemblymember Simon for passing and enacting the legislation, and Councilmember Restler for securing the necessary approval from the City Council, allowing New York City to leverage this critical tool to preserve the lifespan of the Brooklyn-Queens Expressway.”

The new automated enforcement program on the BQE was authorized by the enactment of S6246/A6225, sponsored by New York State Senator Andrew Gounardes and New York State Assemblymember Jo Anne Simon, and signed into law by New York Governor Kathy Hochul on July 28, 2023. The law and the enforcement program only apply to the City of New York-owned span of the BQE from Atlantic Avenue to Sands Street.

 

DOT is partnering with the trucking industry to educate truck operators about the new automated weight limit enforcement, with the goal of preventing overweight vehicles from ending up on the city’s roadways in the first place. DOT is also working with the NYPD and other partners to identify and target enforcement along alternative corridors that overweight trucks may try to use as an alternative.

 

C2SMART has worked closely with DOT to install and monitor weigh-in-motion sensors along the city-owned section of the BQE. DOT’s analysis has identified nearly 10 percent of all trucks on the BQE as overweight — significantly exacerbating the impact from that damage to the triple cantilever structure.

 

DOT is working with communities along the BQE corridor on two initiatives. BQE Central will fix the city-owned structure from Atlantic Avenue to Sands Street, and BQE North and South will identify upgrades for all other segments of the BQE corridor in Brooklyn. With federal funds newly available through the Bipartisan Infrastructure Law, the Adams administration is pursuing a once-in-a-generation opportunity to upgrade the BQE for the 21st century.

 

Throughout this process, DOT will continue with interim repairs to the Atlantic-to-Sands section to ensure it remains safe. Safety monitoring of this section of the highway, including the triple cantilever, will continue through a combination of regular in-person inspections and sensors placed on the structure.

 

“We applaud the governor and Legislature for taking this important step to ensure the integrity of the BQE in the near term,” said Kaan Ozbay, director, C2SMART and professor of civil and urban engineering at NYU Tandon. “Our research shows WIM sensors effectively and accurately identify trucks that exceed BQE’s state and federal truck weight limits. We know that getting those vehicles off the cantilever will contribute directly to that section remaining safe for as long as possible.”


Foreign National Charged for Visa Fraud Scheme

 

An indictment charging an Israeli national with leading a visa fraud scheme to facilitate the illegal entry and employment of noncitizens in the United States was unsealed in the Eastern District of Virginia.

According to court documents, Shai Cohen, 39, allegedly organized, led, and worked with others to recruit and facilitate the illegal entry of Israeli citizens into the United States under false pretenses. Cohen and his co-conspirators allegedly assisted noncitizens in fraudulently obtaining B-1/B-2 tourist/visitor visas by misrepresenting the true purpose of their travel to the United States, which was illegal employment. Cohen and his co-conspirators are alleged to have then assisted the noncitizens with travel to the United States. Upon arrival, the noncitizens were employed at various kiosks owned and operated by Cohen in malls in Virginia and Maryland. The noncitizens who engaged in illegal employment were allegedly primarily compensated for their work by under-the-table cash payments or the transfer of money to stored value payment cards, rather than through a legitimate payroll system. Cohen also allegedly provided housing and transportation for the noncitizens to and from work in the United States.

Cohen was arrested in Israel pursuant to a U.S. request for his extradition. In August, he was extradited to the Eastern District of Virginia. 

Cohen is charged with conspiracy to defraud and commit offenses against the United States; bringing aliens to the United States for financial gain; encouraging and inducing aliens to unlawfully come to, enter, and reside in the United Sates for financial gain; harboring illegal aliens; and money laundering conspiracy. If convicted, he faces a maximum penalty of 20 years in prison.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Jessica D. Aber for the Eastern District of Virginia; Special Agent in Charge Derek W. Gordon of the Homeland Security Investigations (HSI) Washington Field Office; and Acting Special Agent in Charge Troy W. Springer of the Department of Labor Office of Inspector General (DOL-OIG), National Capital Region made the announcement.

The HSI Washington Field Office and DOL-OIG are investigating the case.

Trial Attorney Clayton O’Connor of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Raizza Ty for the Eastern District of Virginia are prosecuting the case. The Justice Department’s Office of International Affairs worked with the government of Israel to secure the arrest and extradition of Cohen.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Fire Hydrant or New EScooter rack?

 

On our way to Sunday's Bronx Borough President's Summer Concert Series in Bronx Park East, this fire hydrant was seen on Lydig Avenue covered with about ten various EScooters one block from the park. 


New York City Transportation Commissioner Ydanis Rodriguez is this how EScooters are supposed to be placed at corners?



With Bronx Park East only one block away this pile of EScooters was found on Lydig Avenue. 


Upon a closer look about ten EScooters have been placed around this fire hydrant.

Bronx Borough President's Summer Concert Series

 

It was a sunny warm afternoon for the Sunday August 6th Summer Concert Series by Bronx Borough President Vanessa Gibson that was held in Bronx Park East. It was a Salsa/Hip Hop concert which featured Joe Conzo and Tipica 73, DJ Break Out, and DJ Handz. The event was enjoyed by many as Deputy Bronx Borough President Janet Peguero and local Councilwoman Marjorie Velazquez were also on hand.


Joe Conzo and Tipica 73 perform in the Bronx Park East Summer Concert Series.


The view from behind former Assemblyman Jose Rivera who is a big Sala fan who had his video camera with him to record some of the music.


Deputy Bronx Borough President Janet Peguero stood in for Bronx Borough President Vanessa Gibson.


Local Councilwoman Marjorie Velazquez was also on hand at the concert.


Former Assemblyman Jose Rivera is with Deputy Bronx Borough President Janet Peguero.



This pup also enjoyed the concert as he watches the band Tipica 73 play.

Sunday, August 6, 2023

Wave Hill Weekly Events: August 24–31

 

Summer may be slowing down, but our gardens are still flourishing thanks to all the hard work of our extraordinary gardeners and interns. It’s a perfect time to escape to Wave Hill. Stroll through our Herb & Dry Gardens while the scents are at their peak or relax on one of the shaded benches that line out Aquatic Garden’s reflective pool and savor the tranquility. Drop in on a tour from one of our Garden Guides—each Garden Highlights Walk is unique.  

Public Garden Highlights Walk 
Thu, August 24, 2023, 12–12:45PM 
Free with admission to the grounds 
Registration is not required 

Join a knowledgeable Wave Hill Garden Guide for a leisurely stroll in the gardens. Topics vary by season and the expertise of the Guide--come back for an encore; each walk varies with the Guide leading it. This walk lasts a half-hour to 45 minutes. Severe weather cancels.  

Family Art Project: Re-Story the Land 
Sat, August 26, 2023, 10AM–1PM 
Sun, August 27, 2023, 10AM–1PM 
Free with admission to the grounds 
How do you relate to the land? Create a story mobile of your favorite spots at Wave Hill using natural materials and paper cut outs. The program takes place indoors in the Kerlin Learning Center located on the lower level of Wave Hill House. 
 

Public Garden Highlights Walk 
Sun, August 27, 2023, 2–2:45PM 
Free with admission to the grounds 
Registration is not required 

Join a knowledgeable Wave Hill Garden Guide for a leisurely stroll in the gardens. Topics vary by season and the expertise of the Guide--come back for an encore; each walk varies with the Guide leading it. This walk lasts a half-hour to 45 minutes. Severe weather cancels.    

Public Garden Highlights Walk 
Thu, August 31, 2023, 12–12:45PM 
Free with admission to the grounds 
Registration is not required 

Join a knowledgeable Wave Hill Garden Guide for a leisurely stroll in the gardens. Topics vary by season and the expertise of the Guide--come back for an encore; each walk varies with the Guide leading it. This walk lasts a half-hour to 45 minutes. Severe weather cancels.  

Public Gallery Tour  
Free, and admission to the grounds is free on Thursdays 
Registration is not required 

Exhibitions at Glyndor Gallery explore the dynamic relationship between nature, culture and site. When exhibitions are open, Gallery Greeters lead public gallery tours on Thursdays and Saturdays. Visitors can expect an in-depth look at artworks on view in Glyndor Gallery and in the Sunroom Project Space, showcasing the work of both emerging and established artists in a unique environment. Each tour lasts approximately 45 minutes. 

HOURS: 10AM–5:30PM, Tuesday–Sunday 
Shuttle Service runs Thursday–Sunday 

Information at 718.549.3200. On the web at wavehill.org.  

Wave Hill
675 W 252 Street
Bronx, NY 10471

Governor Hochul Announces 988 Suicide and Crisis Lifeline Education and Awareness Toolkit Available

Woman during a psychotherapy session 

988 Lifeline Access Secured Throughout New York State Last Year

Toolkit Useful for Educators, Home and Health Care Providers, and Families Discussing Mental Health and Suicide Risk

 Governor Kathy Hochul announced the successful rollout of New York State’s 988 Community Education and Awareness Toolkitan interactive resource tool designed to support individuals facing suicide-risk. 988 is the three-digit number available in many areas nationally that will connect the caller to the National Suicide Prevention Lifeline. New York’s 988 toolkit, developed by the New York State Office of Mental Health includes marketing and educational resources to help educate the public.

“Since the statewide launch of the 988 Suicide and Crisis Lifeline, one simple call can be the difference between life and death,” Governor Hochul said. “This new educational toolkit for schools, caregivers, and families in need builds on our ongoing public education campaign on the key signs and risks associated with suicide and gives New Yorkers the resources to address the mental health crisis our nation is facing.”

New York State Office of Mental Health Commissioner Dr. Ann Sullivan said, “Thanks to Governor Hochul’s support, New York was able to fully implement the 988 Suicide and Crisis Lifeline, which has already served more than 152,000 New Yorkers in less than one year. Our new toolkit will help to increase awareness of 988 and allow people to easily share educational materials to help spread the word about 988.”

The New York 988 toolkit contains marketing and educational materials including brochures, cards, posters, social media graphics, infographics, and other resources all available in New York State’s top nine languages (in addition to English). The materials in the toolkit were developed with the input from the expansive NYS 988 Coalition of diverse community stakeholders. The 988 Community Education and Awareness Toolkit, as well as all the other 988 resources developed by OMH, can be found here: 988: More than a Number.

Contacting 988 by phone, chat, or text provides a direct connection to compassionate, accessible care, and support for anyone experiencing mental health or substance use related distress. The 988 Lifeline is helping to remove obstacles to accessing healthcare and reduce disparities for historically marginalized and underserved populations, including people of color, members of the LGBTQ+ community, older adults, rural New Yorkers, Veterans, immigrants, people with disabilities, and people who have limited English proficiency.

The 988 Suicide and Crisis Lifeline is also helping to reduce the use of law enforcement in response to a mental health crisis, and, by providing cost-effective early intervention, reducing healthcare costs.

988 History
The Federal Communications Commission (FCC) designated 988 as the new three-digit dialing code for the National Suicide Prevention Lifeline. The National Suicide Hotline Designation Act was signed into law in October 2020, with the requirement for all phone service providers to transition to 988 as the number for the newly branded 988 Suicide and Crisis Lifeline by July 16, 2022.

Since April 2021 New York has been working with an expansive NYS 988 Coalition, which includes diverse community stakeholders, to plan for the implementation of 988 in the State. The statewide coalition members represent New York's diverse population and includes individuals with lived experience, advocates, law enforcement, representatives from state agencies, counties, 911 representatives, emergency services, and more. All have contributed their expertise and commitment to the implementation of 988, and their ongoing collaboration and dedication to this groundbreaking work will benefit all New Yorkers.

About the Lifeline
The National Suicide Prevention Lifeline was originally funded by the federal Substance Abuse and Mental Health Services Administration (SAMHSA) and has been administered by Vibrant Emotional Health since it began in 2005. It has served as an invaluable resource, helping thousands of people overcome suicidal crisis or mental health-related distress every day. With the transition to 988, these life-saving services will be even easier to reach.

Numerous studies have shown that the Lifeline works—most callers are significantly more likely to feel less depressed, less suicidal, less overwhelmed, and more hopeful after speaking to a Lifeline crisis counselor.

Statistics on New York 988 Call Volume
In the first year of 988, New York has received well over 185,000 calls routed directly to the NYS 988 Contact Centers. This is nearly a 30% increase in annual call volume. By the launch of 988 in July 2022, New York had successfully implemented 24/7 in-state primary coverage for all 62 counties in NYS. In June 2023, New York State achieved 24/7 in-state coverage for chat and text, marking full coverage for all modalities of 988 by the one-year 988 launch anniversary.


Doctor Convicted for COVID-19 Health Care Fraud Scheme

 

A federal jury in Baltimore convicted a Maryland doctor for submitting over $15 million in false and fraudulent claims to Medicare and a commercial insurer for patients who received COVID-19 tests at his testing sites.

According to court documents and evidence presented at trial, Ron Elfenbein, 49, of Arnold, was an owner and the medical director of Drs ERgent Care LLC, dba First Call Medical Center and Chesapeake ERgent Care. Drs ERgent Care operated multiple drive-through COVID-19 testing sites in Anne Arundel and Prince George’s counties. Elfenbein instructed the employees of Drs ERgent Care that, in addition to billing for COVID-19 tests, the employees were to bill for high-level evaluation and management visits. In reality, these visits were not provided to patients as represented. Rather, Elfenbein instructed his employees that the patients were “there for one reason only – to be tested,” that it was “simple and straightforward,” and that the providers were “not there to solve complex medical issues.”

Elfenbein ordered these high-level visits to be billed for all patients, including those who were asymptomatic, who were getting tested for COVID-19 for their employment requirements, and who were being tested for COVID-19 so that they could travel. Elfenbein, through Drs ERgent Care, caused the submission of millions of dollars in claims to Medicare and a commercial insurer for tens of thousands of high-level visits that were not provided as represented and were ineligible for reimbursement.

The jury convicted Elfenbein of five counts of health care fraud. He is scheduled to be sentenced on Nov. 7 and faces a maximum penalty of 10 years in prison on each count. Elfenbein is the first doctor convicted at trial by the Justice Department for health care fraud in billing for office visits in connection with patients seeking COVID-19 tests. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Erek L. Barron for the District of Maryland; Special Agent in Charge Maureen Dixon of the the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher Dillard of the Department of  Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office; Special Agent in Charge Thomas Sobocinski of the FBI Baltimore Field Office; and Deputy Assistant Inspector General for Investigations Conrad J. Quarles of the Office of Personnel Management Office of the Inspector General (OPM-OIG) made the announcement.  

The HHS-OIG, DCIS, FBI, and OPM-OIG investigated the case.

Trial Attorney D. Keith Clouser of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Matthew P. Phelps for the District of Maryland are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed the Medicare program for more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

In the past three years, the Health Care Fraud Strike Force has rooted out health care fraud related to the COVID-19 pandemic. To date, 53 defendants have been charged in nationwide COVID-19 Health Care Fraud Enforcement Actions for causing over $784 million in loss associated with the pandemic, including this case.

Attorney General’s Office of Special Investigation Opens Investigation into Civilian Death in Niagara Falls


The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of an individual who died on August 3, 2023 following an encounter with members of the Niagara Falls Police Department (NFPD).

On the evening of August 3, two NFPD officers responded to a report of shots fired at 900 Niagara Avenue. When officers arrived, they allegedly encountered the individual holding a gun and directed him to drop it. The individual allegedly refused to comply and fired his gun at the officers. The officers returned fire. The individual was taken to a local hospital, where he was pronounced dead. Officers recovered a gun at the scene.

Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident.

These are preliminary facts and subject to change.