BRONX MAN INDICTED FOR ATTEMPTED MURDER OF POLICE OFFICER IN SHOOTING INVOLVING TWO OFF-DUTY COPS

 

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for Attempted Murder in the first degree and additional charges for shooting at an offduty NYPD Officer during an incident last month. 

 District Attorney Clark said, “Two off-duty officers happened upon an altercation involving the defendant, Rafael Rosado, his son, Michael Rosado, and others. Rafael Rosado then fired multiple times at one of the police officers. Thankfully, the officers were not injured. Unfortunately, this chain of events led to the fatal shooting of Michael Rosado by police. His death is being investigated by the New York State Attorney General’s Office.” 

 District Attorney Clark said the defendant, Rafael Rosado, 44, of 1728 Garfield Street, was arraigned today on Attempted Murder in the first degree and second degree, Attempted Assault in the first degree, first-degree Criminal Use of a Firearm, second-degree Criminal Possession of a Weapon, Criminal Possession of a Firearm, Menacing a Police Officer and second-degree Reckless Endangerment before Bronx Supreme Court Justice Ralph Fabrizio. Remand was continued and the defendant is due back in court on January 7, 2022.

 According to the investigation, on August 29, 2021, at approximately 4:13 a.m., an altercation involving the defendant, Rafael Rosado, his son, Michael Rosado, and others took place in the vicinity of 180th Street and Valentine Avenue and shots were fired. Two off-duty police officers were nearby and responded to the location. During the incident, it is alleged that the defendant fired multiple times at one of the police officers.

 District Attorney Clark thanked NYPD Force Investigations Division Detective Evan Johnson, Sergeant Richard Fiumano, Captain Derick Bentley, Detective Anthony Gavin, and NYPD Detective Reginald Smith and Police Officer Philip Iacovino of the Crime Scene Squad. 

 An indictment is an accusatory instrument and not proof of a defendant’s guilt.

SWEEPING UPDATES TO NYC CONSTRUCTION AND BUILDING REGULATIONS

 

Bill Passed by City Council to Update Construction Codes Keeps NYC at The Forefront of Building Safety and Innovation

 The New York City Department of Buildings today marked the official passage of major legislation in the City Council to update the city’s Construction Codes. This comprehensive revision to the Codes contains over 600 major updates, and thousands of smaller changes, intended to improve safety for our fellow New Yorkers, and incorporate the latest in building technologies. The new Codes use the highest international standards for the design, construction and maintenance of buildings as a baseline, while continuing our city’s proud tradition of implementing additional enhancements to ensure we have among the strongest building regulations anywhere in the world. 

 

“These updated Codes provide a solid foundation on which the future of our city will be built,” said Buildings Commissioner Melanie E. La Rocca. “I want to thank my colleagues at DOB, along with the hundreds of government and industry experts that volunteered their time on our Code Revision Committees, who worked tirelessly to advance these Codes. Those efforts will make our built environment safer for everyone living, working and visiting in our great city. Looking further afield, it is my hope that these Codes will also serve as a model for other cities, looking to build their own more resilient and sustainable future.”

 

New York City’s Building Code is one of the nation’s earliest and most comprehensive set of rules regarding construction in both new and existing buildings. Updated regularly, our Codes set a strong framework for how buildings are designed and maintained in our unique urban environment. The code revisions approved today are the first holistic update to the entire set of NYC Administrative, Plumbing, Building, Mechanical and Fuel Gas Codes since 2014. The revisions were drafted by technical committees comprised of engineers, architects, attorneys, planners, tradespeople, representatives of the construction industry, labor, real estate industry, utility companies, as well as DOB and interagency stakeholders. Regulations in our Codes here in New York City frequently inform model codes on the national and international levels.

 

Revision highlights included in the updated Codes:

 

Emergency Response Enhancements

• Increases the minimum required dimensions of the elevator emergency hatch.
• Permits the use of batteries as the required secondary power source for the FDNY endorsed Auxiliary Radio Communication System (ARCS).
• Expands number of high-rise residential buildings that require emergency voice communication systems.

 

Fire Protection Enhancements

• Mandates that whenever exits discharge directly outside and not through a protected area or vestibule, that FDNY access be provided to the exit stairway either from the protected area or within a minimum distance of it.

 

Vertical Transportation and Accessibility Enhancements

• Establishes clear compliance criteria for elevator systems to ensure greater accessibility and usability for building occupants with physical and intellectual/developmental disabilities.
• Requires door locking monitoring in all Limited Use/Limited Application lifts (LULA) in order to minimize the risk of people and objects becoming caught.

 

Elevator and Boiler Safety Enhancements

• Requires the same elevator-in-readiness to serve all floors to reduce building evacuation times in the event of an emergency.
• Amends inspection timeframes for elevators and boilers to bring them back into service faster.

 

Protecting Tenants, Streamlining Building Occupancy and Promoting Increased Affordable Housing

• Requires new special inspection of buildings undergoing construction to ensure the protection of tenants.
• Clarifies what construction documentation is required to receive a new Certificate of Occupancy (CO).
• Reduces the required 8ft basement clearance height for two-family homes to 7ft to increase affordable housing opportunities.

 

Construction Safety Enhancements

• Permits the use of netting, low barriers, and chain link fencing in lieu of requiring only solid fencing that creates blind tunnels for pedestrians.
• Creates a new license type for advanced crane technology, such as articulating boom cranes and roto-telehandlers, to ensure these cranes are operated in a safe manner.
• Improves the safety and consistency of the underpinning of existing buildings.

 

Building System Construction and Inspection Enhancements

• Requires smoke tests for special gas vents to ensure the safety of building occupants.
• Requires all pipes, tubings, and fittings in the mechanical system to comply with the applicable reference safety standard.
• Codifies maintenance, condition assessment, and reporting requirements for parking structures.

 

Sustainability and Resiliency Enhancements

• Expands the applicability of flood zone requirements of the 100-year flood hazard area to all critical facilities (including fire, rescue, ambulance, police stations, and designated emergency shelters) located in the 500-year flood zone.
• Mandates annual visual inspections of dry floodproofing systems and triennial full-scale deployment of dry floodproofing in the presence of a special inspection agency.
• Permits and supports the use of alternative energy production processes, including hydrogen fuel cells.
• Increases the material choices available to builders by expanding the use of sustainable building materials such as cross-laminated timber and structural composite lumber.

 

Code requirements set forth in this updated revision will go into effect next year, with some regulations taking effect on January 1, 2022. To support the implementation of the code updates, DOB will be conducting training and outreach regarding the new requirements.

 

“The updated codes approved by the City Council are a product of outstanding work by FDNY members in our Bureau of Fire Prevention and their colleagues at the Department of Buildings,” said Fire Commissioner Daniel A. Nigro. “Thanks to their collaboration and expertise, we will see greater improvements to the city’s fire protection, emergency response, and construction regulations, helping to ensure the safety of all New Yorkers and our members who respond to thousands of emergencies each day.”

 

“New York City has a proud tradition of enforcing the nation’s most rigorous building and housing codes that are a large part of why we are one of the nation’s safest big cities,” said HPD Commissioner Louise Carroll. “The advances put in place today will enhance protections for tenants and workers for generations to come, as well as, create a more resilient and sustainable future. I want to thank DOB for its leadership, HPD’s development and enforcement teams, along with our industry partners for laying the foundation for the city to tackle the next generation of challenges.”

 

“We applaud the passage of these important updates to the City’s Construction Code, led by our colleagues at the Department of Buildings with input from a diverse set of experts from industry, academia and government,” said DEP Commissioner Vincent Sapienza.  “Important updates to the Plumbing Code, Green Infrastructure protections and construction protocols are amongst the revisions that will improve safety and the quality of life for all New Yorkers.”

 

“The code revisions spearheaded by the Department of Buildings will ensure that new construction projects can deal with 21^st-century infrastructure challenges,” said NYCHA Chair & CEO Greg Russ. “We are honored to have been a part of this process and look forward to seeing these new standards implemented citywide.”

 

“These are sensible proposals that will support the construction industry while protecting workers and the public,” said NYC Department of Design and Construction Commissioner Jamie Torres-Springer. “DDC professionals with vast experience in City construction helped guide many of these new regulations and as one of the many stakeholders who will benefit from safer conditions we applaud the Council’s actions today.”

 

“As the Chair of the Accessibility Technical Committee for the New York City Building Code, I am proud to have been part of the NYC Building Code updates,” said Victor Calise, Commissioner of the Mayor's Office for People with Disabilities.  “I am confident that these updates, which address accessibility, will be the next step in making certain that the needs of people with disabilities will be further met as we all take steps in reaching our goal of making NYC the most accessible city in the world.  I want to thank the Committee members for their hard work, and look forward to continuing to work with DOB " 

 

“The School Construction Authority continues to be in lockstep with these Building Code revisions that improve standards to keep our workers and the general public safe,” said SCA President and CEO Nina Kubota. “We’re also adding vital sustainability and resiliency enhancements that will protect our schools, our kids, and school staff from extreme weather events while reducing our carbon footprint.”

 

“These Code revisions will further strengthen New York City’s buildings against flooding and worsening extreme weather,” said Jainey Bavishi, Director of the Mayor’s Office of Resiliency. “Increasing inspections for dry floodproofing measures is a common-sense step that will ensure these systems remain in a state of good repair. These revisions will also require an increased number of critical facilities to install and maintain flood protections. This will help keep them online and ready to serve the public when the next disaster strikes.” 

 

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.