Emergency Executive Order 499 September 27, 2023

 

WHEREAS, over the past several months, thousands of asylum seekers have been arriving in New York City, from the Southern border, without having any immediate plans for shelter; and

WHEREAS, the City now faces an unprecedented humanitarian crisis that requires it to take extraordinary measures to meet the immediate needs of the asylum seekers while continuing to serve the tens of thousands of people who are currently using the DHS Shelter System; and

WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in Emergency Executive Order No. 224, dated October 7, 2022; and

WHEREAS, the state of emergency based on the arrival of thousands of individuals and families seeking asylum, first declared in Emergency Executive Order No. 224, dated October 7, 2022, and extended most recently by Emergency Executive Order No. 491, dated September 7, 2023, remains in effect;

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby order that section 1 of Emergency Executive Order No. 497, dated September 22, 2023, is extended for five (5) days.

• 2. This Emergency Executive Order shall take effect immediately and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date.

Eric Adams
Mayor

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates

 

Dear Neighbor,

 

Thank you for joining us for another week in review. 

Yesterday, we were proud to announce the release of the Kingsbridge Armory RFP (Request for Proposal) for a developer to lease, redevelop, and operate the largest armory in the nation. Last week, I joined with my colleagues in government and our Bronx community to celebrate the launch of the “Together for Kingsbridge” Vision Plan, the culmination of nine months of engagement with over 4,000 members of the local community! We hope that the vision plan will serve as a blueprint for whoever receives this RFP to truly reimagine this historic space. You can click here for more information.

This past Sunday, the MTA announced a free-fare bus pilot program with one free-fare bus line in each borough. The BX 18 was selected in the Bronx and we are hopeful that the success of this program will lead to even more bus lines being included in this important initiative to eliminate barriers for Bronxites to access public transportation in our city. I want to thank the MTA and my colleagues in Albany for their work in pushing this important program forward.

Lastly, we want to send our condolences and prayers of comfort to the family of the one-year-old child who died from a toxic opioid exposure last week. We were heartbroken and outraged by the news of this incident and we hope our residents and families will join us in sending love to this grieving family. No parent should have to experience this pain and we will continue our work to combat this opioid issue in our communities that has claimed the lives of too many.

As always, if you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

 

In partnership,

Bronx Borough President Vanessa L. Gibson

IN THE COMMUNITY

I was proud to join with Department of Transportation Commissioner Ydanis Rodriguez, elected officials, and community advocates to celebrate the completion of the redesign of Soundview Avenue in the East Bronx. The project includes 1.5 miles of new parking-protected bike lanes and a redesign that enhances safety for all road users.

During my time at the NYC Council, I championed the Jerome Neighborhood Plan & and fought to ensure that it benefitted our local community. I was proud to join with Services for the Underserved for a tour of Starhill Phase 1 & and the Jerome Court - both of which were commitments from the Jerome Avenue Neighborhood Plan.

Starhill Phase 1 will consist of a 14-story multifamily building and a connected one-story amenity building. The new building will include 200 apartments reserved for homeless single adults and the remaining 126 apartments will be reserved for households earning between 30 and 80 percent of the Area Median Income.

UPCOMING EVENTS 

Justice Department Files Complaint Alleging Environmental Violations by eBay

 

Lawsuit Alleges that eBay Sold Unlawful Pesticides, Prohibited Products Containing a Restricted Chemical and Illegal Devices that Defeat Pollution Controls on Motor Vehicles

The Justice Department filed a complaint against eBay Inc. today for unlawfully selling and distributing hundreds of thousands of products in violation of the Clean Air Act (CAA); the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA). The complaint was filed on behalf of the U.S. Environmental Protection Agency (EPA) in federal court in Brooklyn.

The complaint alleges that eBay sold, offered for sale or caused the sale of more than 343,000 aftermarket defeat devices, which defeat motor vehicle emission controls, a violation of the CAA. Aftermarket defeat devices significantly increase pollution emissions – including carbon monoxide, nitrogen oxides, particulate matter and nonmethane hydrocarbons – that harm public health and impede efforts by the EPA, states, Tribes and local agencies to plan for and attain air quality standards.

The complaint also alleges that eBay has violated FIFRA by unlawfully distributing or selling at least 23,000 unregistered, misbranded or restricted-use pesticide products, even in violation of a stop sale order EPA issued to eBay in 2020 and amended in 2021. Examples include a high toxicity insecticide banned in the United States, restricted use pesticides that only certified applicators may apply and products fraudulently claiming to protect users against the SARS-CoV-2 virus.

Finally, the complaint alleges that eBay has distributed over 5,600 items in violation of the TSCA Methylene Chloride Rule. The rule prohibits retailers from distributing in commerce products that contain methylene chloride for paint and coating removal to prevent unreasonable risks, including death, presented by these types of products.

“Laws that prohibit selling products that can severely harm human health and the environment apply to e-commerce retailers like eBay just as they do to brick-and-mortar stores,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We are committed to preventing the unlawful sale and distribution of emissions-defeating devices and dangerous chemicals that, if used improperly, can lead to dire consequences for individuals and communities.”

“Our nation’s environmental laws protect public health and the environment by prohibiting the unlawful sale of defeat devices; unregistered, misbranded and restricted use pesticides; and unsafe products containing toxic chemicals such as methylene chloride,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “The complaint filed today demonstrates that EPA will hold online retailers responsible for the unlawful sale of products on their websites that can harm consumers and the environment.”

“eBay’s sale of emission control defeat devices, pesticides and other unsafe products poses unacceptable risks to our communities disproportionately impacted by environmental and health hazards,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Together with our partners, this office will vigorously enforce federal law against those whose conduct endangers public health and the environment.”

The complaint seeks a court order that eBay’s business practices as an e-commerce retailer violated the CAA, FIFRA and TSCA and requests injunctive relief to enjoin eBay from further violations of these laws, as well as civil penalties for CAA violations.

The lawsuit, filed in U.S. District Court for the Eastern District of New York, is being handled by Senior Attorney James Freeman for ENRD’s Environmental Enforcement Section and by Assistant U.S. Attorneys Michael Blume and Paulina Stamatelos for the Eastern District of New York.

Recidivist Defendant Sentenced To Six Years In Prison For Orchestrating Million-Dollar Fraud Scheme Targeting Senior Executives Of Investment Firms

 

Jonathan Ghertler Also Impersonated the Partner of a Global Law Firm on Telephone Calls with Federal Agents Investigating His Scheme

Damian Williams, the United States Attorney for the Southern District of New York, announced today that JONATHAN GHERTLER was sentenced by U.S. District Judge Edgardo Ramos to six years in prison in connection with his scheme to impersonate senior leaders of two Manhattan-based investment firms, resulting in over $1 million in losses to their portfolio companies, and to impersonating a partner of a global law firm on telephone calls with federal law enforcement agents who were investigating the scheme.  GHERTLER previously pled guilty to one count of wire fraud and one count of making false statements.

“Jonathan Ghertler orchestrated a sophisticated impersonation scheme by posing as prominent financiers and lawyers.  He duped companies out of over $1 million.  He also obstructed justice by brazenly impersonating a partner of a global law firm and urging federal agents to drop their investigation.  But he did not get away with it.  As today’s sentence demonstrates, serial fraudsters like Ghertler will be caught and held to account for their crimes.”

According to the Indictment and other filings and statements made in court:

From at least in or about December 2021, up to and including at least June 2022, GHERTLER impersonated the General Counsel of a global private equity firm (the “Private Equity Firm”).  In doing so, GHERTLER fraudulently caused the Private Equity Firm’s portfolio companies to pay at least $200,000 to fund a non-existent internal investigation into alleged links between senior employees of the Private Equity Firm and Jeffrey Epstein, the deceased financier who, before he died on or about August 10, 2019, had been charged in the Southern District of New York with sex trafficking of minors and conspiring to commit sex trafficking of minors. 

In addition, from at least May 2021, up to and including February 2023, GHERTLER impersonated the founder of an investment firm (the “Investment Firm”), directing the Chief Executive Officer (the “CEO”) of one of the Investment Firm’s portfolio companies (the “IF Portfolio Company”) to make at least $865,000 in payments to fund a non-existent internal investigation related to the founder’s alleged relationship with Epstein.  Shortly before the fraud unraveled, GHERTLER, posing as the founder of the Investment Firm, had discussed with the CEO the possibility of making a large investment into a restaurant chain owned by another investment firm.

On or about February 7, 2023, after learning from the CEO that federal investigators were investigating a potentially fraudulent payment made by the Investment Firm, GHERTLER, posing as a partner (the “Partner”) at a global law firm, spoke on the phone with Special Agents with the Federal Bureau of Investigation (“FBI”).  GHERTLER told the federal agents that the IF Portfolio Company had chosen not to report the fraud because it had been “made whole” by the fraudster. 

On or about February 10, 2023, GHERTLER, impersonating the Partner, spoke again with federal agents.  GHERTLER said, after “consult[ing]” with “associates and lower-level partners” at the Global Law Firm who “used to work” at the U.S. Attorney’s Office for the Southern District of New York, “our position is that, uh, the law states that, umm, you know, if the money was paid back prior to, uh, the crime being, uh, discovered, uh, it’s not a crime.”  GHERTLER added that his “client [i.e., the founder of the Investment Firm] has a lot of other issues he is dealing with right now, so this is one he really doesn’t need to deal with.”

This case resulted in GHERTLER’s 16th conviction — his prior convictions include fraud, theft, larceny, burglary, and forgery.  In 2001, he was convicted of wire fraud in the Southern District of New York, and, in 2007, he was convicted of wire fraud in the Middle District of Florida.  As here, in both the prior federal cases, GHERTLER was charged with impersonating prominent lawyers and business leaders and persuading companies to fraudulently transfer large sums of money to accounts under his control.

In addition to his prison term, GHERTLER, 61, of Orlando, Florida, was sentenced to three years of supervised release and ordered to pay restitution in the amount of $1,065,000 and forfeit the same amount.

Mr. Williams praised the outstanding investigative work of the FBI.

Governor Hochul Announces Start of Construction on 76 Unit Affordable Housing Development in Yonkers

The St. Clair Will Bring Affordable Homes and Commercial Space to Downtown Yonkers Near Metro North Train Station

Highly Energy-Efficient, All-Electric Building Awarded Part of State’s Clean Energy Initiative

 Governor Kathy Hochul today announced the start of construction on 76 affordable apartments and commercial space in downtown Yonkers as part of the State’s efforts to expand housing opportunities near MTA transit hubs. Known as the St. Clair, the development will be subject to leading environmental standards as part of the New York State Energy Research and Development Authority’s Clean Energy Initiative – a key component of the Governor’s clean energy agenda.

“The St. Clair is proof that we can work hand-in-hand with our local partners to create housing that is affordable, sustainable, and that connects New Yorkers to jobs, to schools, to doctors, and to the services they need to thrive,” Governor Hochul said. “Our ongoing investment in Yonkers’ resurgence is allowing more people to take advantage of all this city has to offer, and it underscores our commitment to transit-oriented, strategic housing growth that strengthens communities and helps combat climate change.”

The St. Clair is also part of Governor Hochul's $25 billion comprehensive Housing Plan that will create or preserve 100,000 affordable homes across New York, including 10,000 with support services for vulnerable populations, plus the electrification of an additional 50,000 homes.

The development is a short walk to the MTA Metro North train station and the Westchester County Bee-Line Bus System, and will offer a fitness room, community room, and an outdoor roof deck.

The St. Clair was developed by MacQuesten Development, LLC. And will be affordable to households earning at or below 80 percent of the Area Median Income.

State financing for $60 million development includes $8.4 million in permanent tax-exempt bonds, $25.2 million in Federal and State Low-Income Housing Tax Credits and $10.6 million in subsidy from New York State Homes and Community Renewal. The construction fulfilled the requirements of the New York State Department of Environmental Conservation's successful Brownfield Cleanup Program, which is expected to result in $9.7 million in tax credits issued by the New York State Department of Tax and Finance. The city of Yonkers awarded $1.1 million in HOME funds and the Westchester County Department of Planning awarded $1.5 million in American Rescue Plan Act funds.

In addition, the all-electric building was awarded $418,000 from NYSERDA’s Clean Energy Initiative, which is putting New York on the path to meeting the Climate Leadership and Community Protection Act’s target of an 85 percent reduction in greenhouse gas emissions by 2050. The building includes renewable energy and energy efficient features such as all-electric appliances, including heat pumps for heating and cooling, weatherization to reduce heat loss, and low flow plumbing fixtures.

In the last five years, HCR has created or preserved 1,266 affordable homes in the city of Yonkers.

Permits Filed For 1682 Weeks Avenue In Concourse, The Bronx

 

Permits have been filed for a six-story residential building at 1682 Weeks Avenue in Concourse, The Bronx. Located between East 173rd and East 174th Streets, the interior lot is near the 174th-175th Streets subway station, serviced by the B and D trains. Klaudio Rroku of New Line Builders is listed as the owner behind the applications.

The proposed 56-foot-tall development will yield 9,621 square feet designated for residential space. The building will have 21 residences, most likely rentals based on the average unit scope of 458 square feet. The steel-based structure will also have a 30-foot-long rear yard.

Fred Geremia Architects & Planners is listed as the architect of record.

Demolition permits were filed in July for the two-story structure on the site. An estimated completion date has not been announced.

Affordable Housing Lottery Launches For 1073 Tiffany Street In Longwood, The Bronx

 

The affordable housing lottery has launched for 1073 Tiffany Street, a four-story residential building in Longwood, The Bronx. Designed by Node Architecture, Engineering, Consulting PC, the structure yields 430 residences. Available on NYC Housing Connect are 14 units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $99,086 to $146,900.

Residences come with intercoms, hardwood floors, air conditioning, split unit heating and cooling, and name-brand kitchen countertops, appliances, and finishes. Amenities include security cameras, accessible entrance, and bike storage lockers. Tenants are responsible for electricity.

1073 Tiffany Street in Longwood, The Bronx via NYC Housing Connect

At 130 percent of the AMI, there are 13 studios with a monthly rent of $2,890 for incomes ranging from $99,086 to $146,900.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than October 13, 2023.

DEC and DOH Announce Free Technical Assistance to Protect Drinking Water Sources

 

Volunteer Communities Will Work with Technical Assistance Partners to Develop Programs That Proactively Protect Public Drinking Water Supplies

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and State Department of Health (DOH) Commissioner Dr. James McDonald today announced the availability of free technical assistance for municipalities to protect public drinking water supplies through the Drinking Water Source Protection Program (DWSP2). The multi-agency initiative, led by DEC and DOH in collaboration with the Departments of Agriculture and Markets (AGM) and State (DOS), empowers municipalities to take critical actions to improve and protect public water sources and the environment.

“The Drinking Water Source Protection Program empowers communities across New York to assess and protect sources of public drinking water, benefiting both public health and the environment,” said DEC Commissioner Basil Seggos. “DEC is committed to improving water quality and access to clean water for all New Yorkers by working with local communities to protect, manage, and conserve the State's groundwater and surface water supply sources for future generations.”

“We encourage all of New York’s public drinking water suppliers – large and small – to participate in the Drinking Water Source Protection Program for assistance in ensuring that one of their community’s most vital life resources is protected now and in the future,” said State Health Commissioner Dr. James McDonald. “Developing a drinking water source protection plan includes careful consideration of many complicated factors, which is why it is critically important that municipalities have the necessary technical support to safeguard the health of their residents.”

As part of DWSP2, up to 30 volunteer communities will work with technical assistance providers to develop and initiate implementation of each community's unique drinking water source protection program at no cost to the participating municipalities. DWSP2 is open to all community public drinking water supplies in New York regardless of size or water source.

The program is designed to build off previous work, help align priorities, and fill gaps within a municipality’s current and future source water protection efforts.

Participating municipalities will receive assistance in assessing modern day vulnerabilities and engaging in preventative actions to protect drinking water sources from contamination, identifying effective actions to address potential contaminant sources, and implementing source water protection actions. The free technical assistance provided by the Drinking Water Source Protection Program helps take the complexity and guesswork out of developing a drinking source water protection plan.

Community public water suppliers are encouraged to apply for free technical assistance to develop and implement a Drinking Water Source Protection Program by visiting the DWSP2 website and completing an online application. The deadline to apply is Tuesday, November 14, 2023 at 4 p.m.

Municipalities participating in the Drinking Water Source Protection Program

• Promote public health and safety
• Support economic viability
• Enhance environmental protection and recreational opportunities
• Strengthen community partnerships and collaboration

Drinking water source protection plans provide municipalities with a road map to maintaining and protecting sources of drinking water. Each DWSP2 plan is tailored to the goals and concerns of a community and drinking water source to provide a holistic and comprehensive approach that builds off protection efforts a community already has in place.

The DWSP2 process provides updated source water maps, assessments of potential contaminant sources, and identifies effective methods to address potential contaminant sources.

The Drinking Water Source Protection Program has taken big strides protecting drinking water resources across New York State. Seventy-four municipalities, totaling 46 plans, have worked towards creating action-oriented, community-driven DWSP2 plans to protect their drinking water sources. Sixteen of these communities have completed the plan development process and subsequently received State Acceptance, moving forward on implementing their plans.

While there are no out-of-pocket costs to communities for the development of a DWSP2 plan, municipalities are expected to commit time and local knowledge to work with a free technical assistance provider who will guide the DWSP2 plan development. Selected municipalities with a community public water supply must be prepared to work with a technical assistance provider throughout the DWSP2 process and commit to implement their programs.

The purpose of DWSP2 is to prepare municipalities for plan implementation to provide long-term source water protection. DWSP2 helps with implementation by identifying feasible actions and funding sources to cover potential project costs. The plan will act as a road map that includes:

• Methods to address targeted potential contaminant sources
• Cost analysis for all identified implementation projects
• Potential funding sources that can aid with project costs
• Project partners that can support implementation
• Project timing and schedule

Register now for DWSP2’s upcoming webinar on Wednesday, October 25, 2023 at 11 a.m. to learn more about program benefits and how to apply for free technical assistance to protect your community’s source of drinking water.

To apply, visit the DWSP2 website and complete an online application. The deadline to apply is Tuesday, November 14, 2023 at 4 p.m.

Communities interested in the Drinking Water Source Protection Program can learn more on DEC's website or contact source.water@dec.ny.gov.

New York's Commitment to Clean Water

New York continues to increase its investments in clean water infrastructure. Most recently, the 2023-24 Enacted Budget includes the $500 million in clean water funding proposed by Governor Hochul in January and brings New York's total clean water infrastructure investment to $5 billion since 2017. To leverage these investments and ensure ongoing coordination with local governments, the Governor created Community Assistance Teams to provide proactive outreach to small, rural, and disadvantaged communities to help them access financial assistance to address their clean water infrastructure needs. The initiative was launched earlier this year and outreach meetings are underway. For more information, go to EFC's website.

In addition, voters approved the $4.2 billion Clean Water, Clean Air and Green Jobs Environmental Bond Act in November 2022, advancing additional, historic levels of funding to update aging water infrastructure and protect water quality, strengthen communities' ability to withstand severe storms and flooding, reduce air pollution and lower climate-altering emissions, restore habitats, preserve outdoor spaces and local farms, and ensure equity by investing at least 35 percent, with a goal of 40 percent, of resources in disadvantaged communities.

This summer, following a public comment period for draft eligibility guidelines for water infrastructure funding, Governor Hochul announced the availability of the first round of Bond Act monies with $200 million combined with other State water infrastructure funding for a total of $425 million. The application deadline closed after a two-week extension to allow more communities hit hard by flooding in July to apply. Applications are now being reviewed. Other Bond Act programs and funding opportunities will continue, as well as ongoing opportunities for state and federal funding that are offered regularly.

New Yorkers interested in learning more about the Bond Act can find general information about the $4.2 billion landmark initiative at the Bond Act website. The site includes recordings of the two virtual sessions, general information about existing state and federal funding programs that complement the Bond Act objectives and could help leverage Bond Act funds, and a link to the project ideas survey, among other information. The site will continue to be updated and interested individuals can also join a mailing list for updates at BondAct@dec.ny.gov.