Mayor Bill de Blasio visited some of the damaged houses after the Nov. 30, 2019 disaster.

By Michael V. Cusenza

As the one-year anniversary of the South Queens sewage flood disaster approaches, attorneys for many of the homeowners affected by the incident say the City has failed to negotiate in good faith to pay for the damage incurred in their residences.

“Incredulously, the City’s reason for offering less than fair market value on everything that was lost, which had to be replaced and rebuilt, was that our clients do not all have a complete inventory of lost items with photographs of the items,” said Craig Phemister of Napoli Shkolnik PLLC. “The City’s position is abhorrent, given that the City is the one who rushed in to remove all the contaminated items. The City should have been the ones to properly inventory and photograph the removed items before disposing of them.”

In a December 2019 Department of Environmental Protection report, the City admitted that the collapse of an old pipe installed 32 years ago 40 feet underground along 150th Street near South Conduit Avenue caused an extensive flood of raw sewage on Nov. 30, 2019 that damaged more than 70 homes in South Ozone Park and Jamaica.

The DEP even stated in the analysis that it “accepts responsibility” for the calamity.

The City has confirmed that more than 70 homes in South Ozone Park and Jamaica were affected by flooding. File Photo

Napoli Shkolnik has filed a lawsuit “against the City to recover all that was lost and had to be replaced or repaired due to the City’s negligence in installing and maintaining the sewage system in Ozone Park,” Phemister said.

“It is imperative that the City take action on this, as they promised they would,” he added.

According to the DEP, the “road collapsing due to the subsidence of overburden demonstrates that the 42-inch sewer constructed in 1987 is significantly collapsed, and that any other cause for the November 30th blockage is extremely unlikely.”

To compensate customers who were adversely impacted by the moratorium, National Grid will pay a $36 million penalty, Gov. Cuomo noted.

By Michael V. Cusenza

The natural gas and electricity utility company National Grid will immediately lift its self-imposed moratorium on gas service in Queens, Long Island, and Brooklyn, Gov. Andrew Cuomo and Nat Grid officials announced Monday.

“They blinked,” State Sen. Joe Addabbo, Jr. (D-Howard Beach) said of the utility Tuesday evening at the Howard Beach Lindenwood Civic Association meeting.

To compensate customers who were adversely impacted by the moratorium, National Grid will pay a $36 million penalty, Cuomo noted. The fine will also support new energy conservation measures and clean-energy projects as instructed by the director of the State Division of the Budget in consultation with the Public Service Commission.

According to Cuomo, National Grid has also identified short-term supply mechanisms that will conservatively meet demand for approximately the next two years, allowing it to restore service to any customers that it had refused and grant all pending applications. The utility has also pledged to present a long-term options analysis within three months, subject to a public review process. The long-term options will be in place and functioning in fall 2021.

Earlier this month, the governor fired off a caustic letter to National Grid CEO John Pettigrew and President John Bruckner giving 14 days’ notice of the State’s intent to revoke the utility’s certificate to operate its downstate gas franchise.

Cuomo indicated that he came to this conclusion following the utility’s failure to provide “adequate and reliable service,” including failing to address supply issues, neglecting the needs of their customers, stalling private development, and the associated diminution of tax revenues to local governments.

National Grid has repeatedly claimed that there are gas-supply constraints in the northeast, and it is unable to provide utility service without a new pipeline. Since NY vehemently opposes the proposed Northeast Supply Enhancement (a.k.a. Williams) Pipeline program for the Rockaway Peninsula—Empire State officials have shot down the plan three times—area customers are the ones that have been left, quite literally, out in the cold.

As part of part of the agreement, National Grid will analyze and present viable options to address the long-term supply issue including: renewable energy sources, conservation strategies, a new pipeline, liquefied natural gas facilities, compressed natural gas facilities, and interoperable systems. National Grid will analyze these options over the next three months and present them to the public through a series of open meetings in Queens, Brooklyn, Nassau, and Suffolk to be conducted in coordination with local elected officials.

Cuomo said the State will appoint a monitor to oversee National Grid’s gas supply operations. The monitor will report to the administration and the Public Service Commission, and will be paid for by National Grid.

“This is great news for anyone who was having issues getting their gas service as the cold winter months approach,” Addabbo added in a statement. “As this had been a constituent-driven matter that my office staff and I have been working on for months, I am grateful that the efforts of the governor and Nat Grid brought this situation to a positive resolution. I look forward to working with the governor’s office and Nat Grid as we move forward to ensure that all customers are provided the natural gas they need.”

“Your fundamental legal obligation as mandated by your certificate of operation was to plan and provide for future needs,” the governor wrote to National Grid officials. “You failed by your own admission.”

By Michael V. Cusenza

Governor Andrew Cuomo on Tuesday sent a blistering letter to National Grid CEO John Pettigrew and President John Bruckner giving 14 days’ notice of the State’s intent to revoke the utility’s certificate to operate its downstate gas franchise.

Cuomo indicated that he came to this conclusion following National Grid’s failure to provide “adequate and reliable service,” including failing to address supply issues, neglecting the needs of their customers, stalling private development, and the associated diminution of tax revenues to local governments.

National Grid has repeatedly claimed that there are gas-supply constraints in the northeast, and it is unable to provide utility service without a new pipeline. Since NY vehemently opposes the proposed Northeast Supply Enhancement (a.k.a. Williams) Pipeline program for the Rockaway Peninsula—Empire State officials have shot down the plan three times—area customers are the ones that have been left, quite literally, out in the cold.

“The essential responsibility for a utility to provide adequate and reliable service is to manage the supply and demand. The very lack of supply you now point to as the reason for your denial of service to thousands of customers exhibits your failure to plan for supply needs. Your fundamental legal obligation as mandated by your certificate of operation was to plan and provide for future needs,” the governor wrote in the 874-word missive. “You failed by your own admission.”

Cuomo went on to characterize Nat Grid’s self-imposed moratorium as “either a fabricated device or a lack of competence.”

Elected officials that have been locking horns with National Grid for months said they appreciated the governor’s direct message.

“Whether Nat Grid shapes up, or an alternative provider is found, it is vital that the people are provided with reliable gas service,” State Sen. Joe Addabbo, Jr. (D-Howard Beach) said.

City Comptroller Scott Stringer applauded Cuomo’s letter because “it rightfully highlights the coercive and abusive tactics that National Grid undertook to try to drum up support for the environmentally backwards fracked-gas pipeline.”

“Rather than letting National Grid walk away with a fine or letting their franchise be taken over by an equally profit-driven competitor, the City and State should explore the feasibility of a public takeover of the natural gas system,” Stringer added. “We need to begin to responsibly develop plans to replace gas infrastructure with renewable and electric alternatives. After years of unchecked fossil fuel expansion, it’s clear we cannot count on the utilities being cooperative partners.”

Cuomo concluded his caustic message by positing two theories “to explain National Grid’s actions: Either National Grid was grossly negligent in relying exclusively on the speculative construction of a private pipeline to meet the demands that it was statutorily required to provide; or, National Grid deliberately defrauded the people of the state by not developing or pursuing existing supply options to force approval and reliance on a private pipeline to further their business interests at the cost of the consumer.

“Either alternative clearly violates your certificate of operation in the State of New York,” he added.

Councilman Ulrich secured $1.5 million in capital funding for the exhaustive project.

By Michael V. Cusenza

Significant, long-awaited sewer infrastructure upgrades on a Lindenwood street should be wrapped up by the end of the month, City Councilman Eric Ulrich (R-Ozone Park) recently noted.

“The capital project I announced several weeks ago at the intersection of 79th Street / Shore Parkway should be completed by Thanksgiving week,” Ulrich posted on Twitter last Wednesday night. “This will bring much needed relief to the area.”

In September, Ulrich and City Department of Environmental Protection officials announced the upgrades after examining a familiar eyesore at the northeast corner of the intersection of 157th Avenue and 79th Street, where the slowly sinking roadbed has been perilous for pedestrians and motorists alike for years.

The councilman secured $1.5 million in capital funding for the agency for an exhaustive project that will make significant drainage improvements and level the “sinking” blocks.

Both DEP and the Department of Transportation have mended the area several times since 2014, but the road eventually continued to descend. Area residents have fretted about the swath of street depreciating into a massive sinkhole.

“Patches have been done by DOT [and] DEP to fix the street and sidewalk, but a full restoration really needed to be done and thanks to the Council Member, [there is] now funding [for] it in FY 2020 capital plan to get that placed,” DEP Commissioner Vincent Sapienza, P.E. said.

Ulrich said the completed project will afford area residents a more permanent solution.

“This is one of the most notorious flooding locations in the district. This area has been sunken in for a very long time. DEP and DOT have done their best to patch over the area to mitigate some of flooding, but the blocks continued to sink,” he added.

Community leaders said they’ll be pleased with the “comprehensive fix.”

“This has been a safety concern for us—for people who want to cross here, for people who want to park here, [and] for people who drive down this street when it is dark,” said Howard Beach Lindenwood Civic Association President Joann Ariola-Shanks.

Due to the deterioration of the building, DOB issued an immediate emergency declaration allowing a city contractor to demolish the home.

By Michael V. Cusenza

An unoccupied residence that has teetered precariously on the lip of a Hawtree Basin inlet in Hamilton Beach since Superstorm Sandy inundated the area with water in 2012 partially collapsed into the drink on Monday, according to officials and eyewitnesses.
A City Department of Buildings spokeswoman told The Forum that the agency responded to reports of a leaning building at 102-39 Russell St. DOB inspectors found that the vacant, single-family home had shifted 2-3 feet toward the waterway behind it. Any utility services feeding the home were cut. Due to the deterioration of the building, DOB issued an immediate emergency declaration allowing a city contractor to demolish the home.
The spokeswoman indicated that DOB will continue to monitor the edifice until the home is demolished. In addition, the agency issued an aggravated violation to the building owner for failure to maintain the home in a code-compliant manner.
The property owner has pledged to DOB that they will hire a private contractor to perform the work; however, if they do not commence the demolition right away, a City contractor will perform the work and bill the owner.
The City Office of Emergency Management promised to conduct a follow-up probe of the site on Wednesday.
Area residents have been alerting elected officials and authorities about the home and others like it for years. Just last May, residents in Old Howard Beach made several calls to The Forum after a waterfront property located on Bayview Avenue near 163rd Avenue in Ramblersville, abandoned since Superstorm Sandy hit, began to sink further into Hawtree Creek.
Fears had been mounting that the shed and the deck attached to the property would soon break free and clog the waters of the creek, introducing dangerous conditions in the waterway and prohibiting any watercraft from passing.
As with all properties in similar condition, the homeowners were offered the choice to renovate, rebuild, or surrender the property for market value to the City’s Build it Back initiative. Due to the highly restrictive conditions and the extended time frame involved, the owners of the property chose to participate in the acquisition phase of the program and sold their home to the City.
The house, which was under the jurisdiction of the Department of Housing Preservation and Development, has been demolished.

“You are going to have to go back and study the history books to come up with a session that did more good than this session did,” Gov. Cuomo declared on Friday.

By Michael V. Cusenza

Ever since the 2019 Legislative Session wrapped up last week, Gov. Andrew Cuomo and the Democrat-led Legislature have seemingly been on a victory lap, touting “historic progressive accomplishments” notched during what Cuomo has called the most productive Albany legislative confab “in modern political history.”
Even Mayor Bill de Blasio was effusive in his praise of the Executive and the Legislature.
“We haven’t seen a session this daring, productive, and progressive in decades,” Hizzoner gushed Friday.
Hyperbole aside, said “accomplishments” included:
• Passed the Jose R. Peralta DREAM Act, giving undocumented New York students the same advantages afforded to their citizen peers, including access to the Tuition Assistance Program and State-administered scholarships.
• Passed the Climate Leadership and Community Protection Act, creating what Cuomo has characterized as “the most aggressive climate change program in the nation” with goals to: reach zero carbon emissions in the electricity sector by 2040; and directs State entities to work toward a goal of investing 40 percent of clean energy and energy efficiency resources to benefit disadvantaged communities. Additionally, the law creates the Climate Action Council comprised of the leaders of various state agencies and authorities as well as legislative appointments to develop a plan outlining how the State will achieve an 85 percent reduction in greenhouse gas emissions from 1990 levels by 2050, and eventually net zero emissions in all sectors of the economy.
• Made permanent the 2 percent property tax cap, building upon the approximate $25 billion in taxpayer savings since it was implemented in 2012.
• Funded the Metropolitan Transportation Authority with an estimated $25 billion raised through a promised congestion pricing plan, a new progressive mansion tax, and the elimination of the internet tax advantage.
• Enacted legislation in support of LGBTQ rights, including the elimination of the gay and trans panic defense—closing a loophole in State law that allowed individuals to use the gay and trans panic defenses after attacking another based upon that victim’s gender, gender identity, or sexual orientation. The governor also signed into law the Gender Expression Non-Discrimination Act and a ban on LGBTQ conversion therapy.
• Enacted additional sexual harassment protections via a package of reforms that will lower the high bar set for employees to hold employers accountable under the New York Human Rights Law for sexual harassment by amending the requirement that conduct be “severe or pervasive” to constitute actionable conduct; extend the statute of limitations for employment sexual harassment claims filed with the Division of Human Rights from one year to three years; and protect employees’ rights to pursue complaints by mandating that all non-disclosure agreements in employment contracts include language stating that employees may still participate in government investigations conducted by local, state, and federal anti-discrimination agencies
• Enacted legislation extending the statute of limitations for second- and third-degree rape and expanding the civil statute of limitations for claims related to these offenses, allowing victims greater opportunity to obtain justice.
• Increased school aid by more than $1 billion, bringing total school aid to a record $27.9 billion. In addition, Cuomo noted that new reporting requirements will address imbalances in the distribution of resources by prioritizing funding at the individual school level in order to advance a more transparent, equitable education system.
• Delivered criminal justice reform by, among other aspects, eliminating cash bail for misdemeanors and non-violent offenses, ensuring the right to a speedy trial, and transforming the discovery process.
“This was I believe, the most productive session in modern political history. You are going to have to go back and study the history books to come up with a session that did more good than this session did,” Cuomo added on Friday in an end-of-session media availability in the Red Room of the Capitol. “We laid out a 100-day agenda back in last December and said that this is a moment where we can make great change. You know change comes when the planets line up and the people are ready for change. Change is hard. The status quo is very difficult to overcome. It takes a lot of energy. It takes a lot of work. It takes a lot of advocacy. And it takes a lot of intelligence because it is not just, I want to change. Change to what? And what are the consequences of that change? It’s not just the political intent to make a change. It’s the legal effect of what that change is. It goes from politics to government. The political part is easy. I want to make change. Okay, the governmental part is hard. How do you do it and what are the consequences, et cetera? But we did it and the people were ready for change.”

We’re people too.

The opioid addiction crisis is worse than most of us imagine. It impacts us all, from Rego Park to Rockaway Park to Redwoods Park. An expert panel, convened by STAT (an investigative medical news branch of the Boston Globe), estimates that opioids could kill nearly half a million Americans over the next decade. The Council of Economic Advisers (CEA) recently released a report stating the economic cost of the opioid addiction crisis is six times higher than previous estimates. The CEA says the economic cost of the opioid crisis in 2015 was $504.0 billion, 2.8 percent of GDP (compared to the percent of GDP for Medicare, and Medicaid: 3.5 and 2 respectively).
A key tool to address the opioid addiction crisis is expanding access to safe disposal for unwanted household medications in the form of drug take-back programs. Removing unwanted medications from the home limits illegal diversion and decreases the chances of accidental child poisonings and aquatic contamination from trashing or flushing medications.
While State Sen. Joe Addabbo, Jr. (D-Howard Beach) and other legislators should be applauded for their interest in addressing the public and environmental health impacts of over-prescribed medications, Gov. Andrew Cuomo should VETO the chain pharmacy take-back bill (S.6750). This chain pharmacy bill does a poor job of providing convenient take-back, and it gives little consideration to consumer convenience or public education.
With this bill, rural areas with no chain pharmacy will likely remain without a safe disposal option.
Where there are chain pharmacies, the $2 fee for a small take-back envelope will discourage consumer participation and will cause prescription drugs to remain in medicine cabinets. A manufacturer-funded drug take-back program would be free to the public and would better encourage safe drug disposal.
Instead, this bill puts the cost of recovering unwanted pharmaceuticals for safe destruction on chain pharmacies and consumers, while allowing drug manufacturers to avoid any financial responsibility for safely managing the disposal of their products. It further guarantees manufacturers a free pass by preempting local existing legislation (Rockland County), proposed legislation (Erie and Westchester counties), and future legislation that requires manufacturers to organize and pay for take-back programs. It is worth noting that in the last five years, pharmaceutical lobbyists contributed more than $1.7 million to NYS political campaigns and S.6750’s sponsor, State Sen. Kemp Hannon (R-Garden City), was one of the top individual beneficiaries, receiving more than $71,000.
This take-back bill does too little, and it puts the cost on consumers and pharmacies rather than on the drug manufacturers who profit most from medication sales.
Governor Cuomo should instead support extended producer responsibility (EPR) legislation that establishes a drug take-back program fully funded by drug manufacturers, containing strong convenience and public education standards. Using pharmacy-based receptacles, take-back would only cost manufacturers about $0.01 per prescription. Two states, 18 municipalities, and many other countries have such pharmaceutical EPR laws. Now is the time for New York to establish a convenient, comprehensive, and well-promoted take-back program for unwanted pharmaceuticals that is paid for by drug manufacturers.

Gottlieb is :
Chairman, Tompkins County Coalition for Safe Medication Disposal; Board member, New York Product Stewardship Council; Member, National Association of Clean Water Agencies Pretreatment & Pollution Prevention Committee; Member, Product Stewardship Institute Pharmaceuticals’ Policy & Coordination Work Group Member, Tompkins County Water Resources Council (pending legislative approval) Member, New York Water Environment Association, Government Affairs Committee

 Sen. Addabbo is calling on the City Health Department to spray Hamilton Beach and Howard Beach with treatments to manage mosquitoes.

By Michael V. Cusenza

 A state senator recently reprised his request for mosquito pesticide to be sprayed in two vulnerable south Queens communities.

Sen. Joe Addabbo, Jr. (D-Howard Beach) last Thursday urged the City Department of Health and Mental Hygiene to spray Hamilton Beach and Howard Beach – neighborhoods that are surrounded by bays, canals and marshland where mosquitoes gather – with treatments to manage the bugs.

Addabbo said he has requested the pesticide multiple times over the last several months, and that he intends to continue his demand until the spraying occurs.

“The mosquito infestation in certain sections of Howard Beach and Hamilton Beach is so severe that residents sometimes cannot even leave their homes without being met by a swarm of bugs,” the senator said. “These insects could possibly be carriers of serious, even potentially deadly, viruses such as Zika and West Nile, yet despite the several requests I have made to have treatments sprayed in my district, these two communities are still waiting for the relief they desperately need.”

According to DOHMH, the agency has treated all catch basins with larvicide in Hamilton Beach and nearby areas.

A spokesperson went on to say that DOHMH mosquito-control treatments are based on a comprehensive mosquito surveillance system and are data driven. At this time, the department has a permanent mosquito trap site for adult mosquito surveillance near Hamilton Beach and Howard Beach. Mosquitoes from the site are collected and tested on a weekly basis, according to DOHMH. So far, City scientists have not observed any West Nile or Zika virus activity in the area.

Aerial larviciding is only conducted in large marshes and large freshwater wetlands, the spokesperson noted, later pointing out that these kinds of mosquito breeding sites do not occur in the Hamilton Beach area. Also, New York City does not have jurisdiction in the parks belonging to the Gateway National Recreation Area, which is a federal green space and under National Park Service purview.

In early August, after being told that Hamilton and Howard do not qualify for City treatments, and that Gateway was responsible for spraying these areas, Addabbo said he sent another letter to DOHMH to continue the push for pesticide.

“We should never let bureaucracy stand in the way of public safety,” Addabbo added. “The City has sprayed mosquito pesticides in Howard Beach and Hamilton Beach in the past, and these residents deserve to have it done again now in order to prevent a potential serious public health crisis. It is important to act before someone is seriously harmed by a diagnosis that could have been prevented. I strongly urge the City to reconsider and to provide my district with the proper treatments to prevent against mosquitoes.”

Oyster beds also deflect and reduce the energy of waves, helping to protect critical Jamaica Bay wetlands, according to the DEP.

By Forum Staff

 Jamaica Bay will soon be implanted with 50,000 breeding oysters, the largest single installation in New York City, after Mayor Bill de Blasio and the Department of Environmental Protection (DEP), in partnership with the Billion Oyster Project, have announced the project is underway.

 Once blanketed by oysters, the New York/New Jersey Harbor have become functionally extinct decades ago after over harvesting, dredging and pollution. Oysters are widely recognized as a key component of a healthy marine ecosystem as they filter pollutants from the water, help to protect wetlands and shoreline from erosion and storm surge, and provide habitat for communities of fish and other aquatic organisms. Once the oyster installation is complete, water quality in the vicinity of the beds will be monitored for anticipated improvements in dissolved oxygen, nitrogen removal and turbidity. In addition, the beds will be evaluated for the recruitment of new oysters. The project is being funded with a $1 million grant from the U.S. Department of Interior, which is administered by the National Fish and Wildlife Foundation (NFWF). DEP is contributing $375,000. The Billion Oyster Project and students from the Urban Assembly New York Harbor School will assist with the installation and monitoring of the oyster beds.

“The restoration of oysters back into the waters of Jamaica Bay is one of the key remaining goals to fully restore this great and unique ecosystem,” said Dan Mundy, Jamaica Bay Ecowatchers.

 The installation will include a central donor bed composed of 50,000 adult and spat-on-shell oysters as well as four smaller receiving beds composed of clam/oyster shell and broken porcelain. The porcelain was harvested from nearly 5,000 inefficient toilets that were recycled from the citywide water conservation program.

Existing water quality monitoring at the site of the oyster beds will serve as a baseline for future comparison. Monitoring will continue for two years after the installation of the beds in order to establish water quality benefits provided by the oysters.

Beginning in 2010, DEP conducted two oyster reintroduction pilot studies within Jamaica Bay and monitored results show adequate environmental conditions for oyster growth and survival within Jamaica Bay, including water quality within normal tolerances for the eastern oyster.

 The next step in restoring oysters in Jamaica Bay is to determine the effect of placing larger oyster beds in areas that could protect salt marshes from further erosion while improving water quality.

Billion Oyster Project is an initiative of New York Harbor Foundation, which also supports the programs of Urban Assembly New York Harbor School. On September 16, 2016, the Harbor Foundation will hold the Sixth Annual New York Harbor Regatta and Regatta Bash to help fund the work of BOP and the School. For tickets, visit www.nyharborregatta.com/tickets; for more information about BOP, visit billionoysterproject.org, like us on Facebook, or follow us on Twitter and Instagram.

By Michael V. Cusenza

Finally.

The U.S. Army Corps of Engineers last Friday released the highly anticipated Draft Integrated Hurricane Sandy General Reevaluation Report and Environmental Impact Statement, or Rockaway/Jamaica Bay Reformulation Report, which examines coastal storm risk management problems and opportunities for the East Rockaway Inlet to Rockaway Inlet and Jamaica Bay project area that was devastated by the impacts of Superstorm Sandy in October 2012.

The long-stalled analysis will ultimately determine the best possible coastline defense to protect the whole Rockaway peninsula and communities surrounding Jamaica Bay from storms and floods in a way that is sustainable over the long-term, both for the natural coastal ecosystem and for nearby neighborhoods.

The Tentatively Selected Plan, with a price tag of several billion dollars, extends along approximately 152,000 linear feet of project area from the eastern end of the Rockaway Peninsula at Inwood, Nassau County, to the western end of the peninsula, at Breezy Point, where the plan wraps around the existing shoreline past the Gil Hodges Memorial Bridge. Near Jacob Riis Park a storm surge barrier crosses Rockaway Inlet landing at Floyd Bennet Field, Brooklyn. The plan continues up Flatbush Avenue before turning west along the existing shoreline and continuing west until Norton Point.  From Norton Point, the line of protection continues on the north side of Coney Island, crossing Coney Island Creek.  From Coney Island Creek it continues north along the shoreline to high ground.

The plan along the Atlantic Ocean Shorefront consists of:

• A reinforced dune (composite seawall) with a structure crest elevation of +17 feet (NAVD88) and dune elevation of +18 feet (NAVD88), and a design berm width of 60 feet extending approximately 35,000 LF from Beach 9th to Beach 149th. The bottom of dune reinforcement extends up to 15 feet below the dune crest.
• A beach berm elevation of +8 ft. NAVD and a depth of closure of -25 ft. NAVD;
• A total beach fill quantity of approximately 804,000 cy for the initial placement, including tolerance, overfill and advanced nourishment with a 4-year renourishment cycle of approximately 1,021,000 cy, resulting in an advance berm width of 60 feet;
• Obtaining sand from borrow area located approximately 2 miles south of the Rockaway Peninsula and about 6 miles east of the Rockaway Inlet. It’s about 2.6 miles long, and 1.1 miles wide, with depths of 36 to 58 feet and contains approximately 17 million cy of suitable beach fill material, which exceeds the required initial fill and all periodic renourishment fill operations.
• Extension of five existing groins; and construction of 13 new groins.

The alignment along Jamaica Bay and Rockaway Inlet (on the Queens side) consists of:

• Reinforced Dune along the shoreline in Reaches 1 and 2 of the Atlantic Coast Planning Reach, from Beach 149th Street to Breezy Point.
• Levee and from approximately B227th Street north overland across Breezy Point, thence eastward from B222nd Street to B201st Street. Approximately 450,000 cubic yards of sediment required for levee construction.
• Concrete floodwall south along B201st Street extending east along north side of Rockaway Boulevard to B184th Street, thence north to existing shoreline. Concrete floodwall continues east to storm surge barrier approximately 2,300 ft. east of the Gil Hodges Memorial Bridge/Marine Parkway Bridge.
• A 3,970-foot storm surge barrier across Rockaway Inlet from near Jacob Riis Park to Floyd Bennet Field.

The public comment period will open on Sept. 2 and end on Nov. 2, according to the USACE. For more information, visit nan.usace.army.mil.

By Michael V. Cusenza

Scientists and researchers have been reaching out to Jamaica Bay-area residents, urging them to complete an online survey that is part of a joint flood-protection project between Princeton University and the Science and Resilience Institute @ Jamaica Bay.

The study’s purpose, according to the SRI@JB, Its purpose is to better understand how residents are affected by flooding and how they value different flood protection options. Its goal is to also understand how public programs can best support the needs and values of the Jamaica Bay community.

​The survey takes about 10 to 15 minutes to complete, according to researchers. Responses are anonymous and confidential. For your participation, you will be entered into a raffle for a $500 Amazon gift card. Also, you may nominate a local organization to receive $1,000.

The survey can be found at https://princetonsurvey.az1.qualtrics.com/jfe/form/SV_2uuPHmDLQ4oJKQd.

Flood protection took on a greater significance on Oct. 29, 2012. As the SRI@JB puts it, “for communities around Jamaica Bay, Superstorm Sandy’s landfall was a tragic reminder of how much damage a large-scale and rapidly moving disturbance can make. Lives were lost. Transportation, food, and energy were disrupted. Physical and natural infrastructure was destroyed. But successful stories of recovery in the aftermath of Hurricane Sandy were a more hopeful reminder of the many ways that people, plants, and animals can potentially re-group, recover, and sometimes thrive in the face of adversity. After Sandy, the human and natural worlds bounced back in various degrees, helped in part through coordinated and innovative efforts of community groups, local governments, the private sector, and state and federal agencies. But Sandy is just the latest catastrophic event in a coming century of unforeseen stresses and shocks. Resilience is about finding ways to recover more quickly and with less disruption not only from future coastal storms but also from other disturbances with intersecting and compounding effects, such as those related to urbanization and climate change.”

Putting resilience into practice

According to the institute, as a vision of the future, a more resilient Jamaica Bay would be able to withstand shocks and stresses to the social, physical, and ecological systems that support the well-being of living populations. To put resilience into practice and meet this vision we need to better understand how systems respond to disturbance but also make decisions about what constitutes well-being and what system interventions might get us there. This is not a straightforward effort. Resilience in practice is interpreted in various ways by different thinkers. Ecologists, for example, extend resiliency practice to the restoration of coastal wetland habitats that can help strengthen the capacity of the ecosystem to absorb stresses or shocks. Resilient local ecosystems can support well-being by protecting the biodiversity of a region and helping meet a range of human needs such as protecting environmental quality, reducing natural disaster risk, adapting to climate change, and enjoying recreation and natural amenities. Distinct from ecologists, engineers often emphasize a different aspect of resilience. They may envision resiliency practice as a structurally defensive notion—for example, building seawalls or abatements to defend against storm surge pushing into the bay. Furthering the complexity, communities of residents may have a still different concept of resiliency practice that focuses priority on strengthening the capacity of the human community to cope with stressors and shocks.

michael@theforumnewsgroup.com

By Michael V. Cusenza

Joined in Coleman Square by members of the Howard Beach-Lindenwood Civic Association, City Councilman Eric Ulrich (R-Ozone Park) on Tuesday afternoon announced that he has been able to secure funding for two additional days of trash pickup throughout the 32nd Council District.

Ulrich said he has appropriated a total of $60,669 for the bonus sanitary service. The Department of Sanitation provides for pickup from trash receptacles in District 32 on Wednesdays and Saturdays. The new funding will cover the costs of pickups on Tuesdays and Fridays as well.

“Trash and litter on our streets have been a serious quality of life issue in Coleman Square and throughout my district. By increasing the frequency of trash pickups we can reduce litter throughout our community,” Ulrich noted. “This is just one of the many clean-up initiatives that we have undertaken to keep our neighborhoods clean and preserve our quality of life.”

Joann Ariola, president of the civic, added, “We appreciate the effort and solution that Council Member Eric Ulrich has put forth regarding the unsanitary conditions at Coleman Square. The additional two days of waste removal and the upgraded waste baskets is something that the Civic had identified as a need.   The Council Member took quick action and appropriated the funding necessary to make sure that Coleman Square, a gateway to Howard Beach, is clean when welcoming travelers and commuters to our community.”

michael@theforumnewsgroup.com

By Michael V. Cusenza

As the Karina Vetrano Memorial Reward Fund vaulted over the $250,000 mark, the dogged detectives working the brutal slay case have “pivoted” to the Brooklyn side of the federal green space in which the jogger’s body was found two weeks ago, according NYPD brass.

Karina Vetrano, 30, was beaten, strangled, and sexually assaulted in the evening hours of Aug. 2 on her daily run inside Spring Creek Park.

Though the number of tips that police have received has climbed to nearly 75 – 10 to 12 of which are still being vetted – investigators have not identified any suspects or persons of interest in the homicide that has left Howard Beach shaken.

On Wednesday, NYPD Chief of Detectives Bob Boyce indicated that since gumshoes had, for all intents and purposes, come up empty in the area near the marsh where Vetrano’s battered body was discovered, they have shifted their focus to the Brooklyn side of the border, to places like Erskine Street and spots around the Belt Parkway, a Newsday report noted.

“We have not found any video footage of this perpetrator entering [the park] or leaving, for that matter, on the Howard Beach side,” Boyce said in the story. “So we have done a pivot to the west to see exactly that area of Brooklyn.”

Also on Wednesday, Karina’s father, Philip, announced on the GoFundMe page that is hosting the reward fund that it has been officially renamed the Karina Vetrano Memorial Foundation with a not-for-profit designation.

“The reward is and always [will] be $100,000.00 plus 25 K offered by the Police,” Philip Vetrano wrote at gofundme.com/2javwd7g. “As I mentioned on the news, if YOU THE KILLER turns himself in, I guarantee you anyone you choose will get that money. Your mother, grandmother, sister, ANYONE YOU CHOOSE.”

michael@theforumnewsgroup.com

By Forum Staff

Mayor Bill de Blasio on Tuesday called on the federal government to increase funding to the city to continue to combat the Zika virus.

With the number of Zika cases in the five boroughs at 489 and seemingly rising, Hizzoner sent a letter to House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell, urging them “to pass a clean Zika bill that will restore public health emergency program funding and enable New York City to address this outbreak and protect the health and wellbeing of all our residents.”

De Blasio reiterated several times on Tuesday the importance of immediate—bipartisan—action.

“We’re putting tremendous resources into the fight against Zika, but we need the federal government to get involved. We need the federal government to protect the people of New York City and the entire country. We need the federal government to act now and pass the authorization for $1.9 billion in funding for actions against Zika. That has to happen now,” he said. “It’s something that should transcend all partisanship, all sense of regionalism. This is something that’s in the interest of the entire country, and we need action now. Without federal dollars, we cannot deepen our work and we won’t have the assurance that other jurisdictions are doing all they can do to fight Zika.”

To date, de Blasio noted, the City has invested $21 million over three years to enhance mosquito surveillance and control, increase testing, and build greater public awareness around the virus. Since the announcement of the City’s Zika Action Plan in April, over 3,400 at-risk pregnant women have been tested, with 49 pregnant women testing positive and one baby born with microcephaly due to Zika.

Most people testing positive for Zika in the five boroughs acquired the infection from mosquito bites incurred while travelling to Zika-affected areas. Though the mosquito most associated with Zika has not been found in NYC, a related mosquito that is a potential carrier has, DE Blasio said. The Health Department has to-date completed mosquito treatments in every borough, totaling 79 community sprays, with Wednesday’s scheduled event in Queens and Manhattan marking the City’s fifth pesticide spraying in a mosquito-dense area.

Auburndale, Bayside, Corona, Flushing, Fresh Meadows, Murray Hill, Pomonok, and Queensboro Hill are the borough communities scheduled to get sprayed between Wednesday night and Thursday morning.

“Although public health experts do not expect that the United States mainland will see the kind of widespread outbreaks that are happening in Brazil or Puerto Rico, that does not mean we can sit by complacently and hope for the best,” said U.S. Rep. Carolyn Maloney (D-Queens, Brooklyn, Manhattan). “We cannot afford to play politics with the health of the American people. It is time for Congressional leadership to act – and act responsibly. We must put adequate resources toward combating this virus to develop a vaccine and enable states to take precautions like the ones that have been implemented here in New York City by Mayor de Blasio and the dedicated team over at New York City Health.”

By Michael V. Cusenza

Days after the battered body of a beloved Howard Beach jogger was discovered in the marshes of Spring Creek Park, elected officials urged federal and state agencies to install enhanced security measures at the green space.

Karina Vetrano, 30, was beaten, strangled, and sexually assaulted in the evening hours of Aug. 2 on her daily run inside Spring Creek. As of Wednesday afternoon, the case remained unsolved.

For years, civic leaders have called attention to the dangers of the Gateway National Recreation Area park, including the thick, prodigious weeds that concealed the attack on Vetrano from the street.

Last Friday, State Sen. Joe Addabbo, Jr. (D-Howard Beach) called on the National Park Service and the State Department of Environmental Conservation to set up security measures near the park while carrying out an upcoming flood-mitigation project in the same area.

The DEC is still in the preliminary stages of a project, set to begin in 2017, to install an elevated berm at Spring Creek South that will help protect against flooding and other storm-related issues. Addabbo is urging the agency to consider amending their plans to allow for security measures to be added while the construction is taking place.

“The safety of individuals in and around Spring Creek Park has been an issue for years and a recent tragedy there has shed serious light on the need for major security additions at Spring Creek,” said Addabbo. “While I agree it is important that we cherish and preserve what little undeveloped park space we have here in Queens, it should not come at the cost of sacrificing a person’s safety. It is time that we protect those who frequent this area by providing proper security measures – whether that be cameras, lighting or other devices – that will not only deter criminals from committing heinous acts, but will also help law enforcement.”

On Monday, U.S. Rep. Hakeem Jeffries (D-Queens and Brooklyn) penned a letter to U.S. Department of the Interior Sec. Sally Jewell, asking for enhanced security patrols and other preventive actions to protect residents who visit Spring Creek.

“The fact that this vibrant, bright young woman was brutally assaulted and killed in broad daylight at the largest urban National Park in the nation shocks the conscience,” Jeffries wrote. “Residents in Howard Beach and throughout New York City deserve a safe and secure recreational space. In this regard, there are several steps the National Park Service should take in order to enhance security and prevent a tragic incident like this from happening again.

“First, the Department of the Interior must provide the Gateway National Recreation Area with the resources needed to maintain the parkland in a manner that controls growth of the shrubbery and weeds, which is a potential shelter for criminal conduct. Second, the DOI should work closely with City, State and Federal law enforcement authorities in order to increase the security presence in the area – including significantly enhanced patrols by U.S. Park Police in the interior and on the perimeter of the park. Third, the park needs improved lighting and security cameras to monitor activity and serve as a deterrent. Lastly, the DOI should expedite execution of the $69 million ecological restoration project which will greatly improve the user-friendly nature of the park.”

A DOI spokeswoman told The Forum that the agency is in receipt of Jeffries’ missive, “recognizes [that] this is a difficult time for the family of Katrina Vetrano and we will respond to Rep. Jeffries directly.”

michael@theforumnewsgroup.com

By Michael V. Cusenza

The illegal harvesting of threatened or endangered species in Jamaica Bay has declined significantly in recent months, according to the National Park Service; and the agency cited the increased presence of U.S. Park Police and the task force that USPP has organized as the reasons for the success.

USPP credited patrolling and enforcing all Resource Management Violations that occur within Gateway National Recreation Area and the waters of Jamaica Bay with the positive results.

In June, according to the USPP, two arrests were made and seven notices were issued for various Resource Management Violations in the bay’s Wildlife Refuge.

On June 5, Juan Morales was arrested for allegedly harvesting horseshoe crabs from the west side of the Refuge.

On June 22, Mei Yu Weng was arrested for allegedly harvesting clams from the east side of the Refuge and for resisting arrest.

And on June 13, Chen Xing was issued a Code of Federal Regulations summons for harvesting a diamondback terrapin turtle from the east side of the Wildlife Refuge.

Other violators were summoned for dogs off leash in the piping plover nesting area, and for using unauthorized lights to observe wildlife in the waters off the Refuge.

michael@theforumnewsgroup.com

By Michael V. Cusenza

Citing a new Consumer Reports analysis that suggests that 43 percent of sunscreen products fail to meet the Sun Protection Factor claim on the label, U.S. Sen. Charles Schumer has urged the Food and Drug Administration to launch an investigation into the possible deceptive SPF marketing.

SPF is a measure of how much solar energy (UV radiation) is required to produce sunburn on protected skin (i.e., in the presence of sunscreen) relative to the amount of solar energy required to produce sunburn on unprotected skin. As the SPF value increases, sunburn protection increases.

According to the study, 28 out of 60 sunscreen lotions, sprays and sticks with SPF labels of 30 or higher actually offered less protection than what was listed on the bottle. Moreover, three of the tested products offered SPF levels of less than 15. For four years, Consumer Reports has tested SPF claims, Schumer noted. Of products that were listed as SPF 30-39, 65 percent of chemical and mineral sunscreens tested higher than SPF 30. Of products that were listed as SPF 40-110, 70 percent of chemical and mineral sunscreens tested higher than SPF 30.

“There is simply no doubt about it – some consumers are being totally burned when they buy sunscreen, which is why the FDA must give sunscreen labels the third degree,” Schumer quipped. “With beach season officially in full swing and with a New York City heat wave on the way, the FDA needs to make sure the SPF labels on sunscreen products match the SPF protection being offered. In light of this new study that reveals nearly half of tested sunscreens are offering less protection than its label claims, the FDA should launch a full-on investigation into deceptive SPF marketing. Beachgoers and vacationers deserve the peace of mind to know that the sunscreen they’re using is offering legitimate protection against the sun’s harmful rays.”

Schumer added that proper SPF labeling is important because of the prevalence of skin cancer in this country. According to the U.S. Centers for Disease Control and Prevention, skin cancer is the most common cancer in the United States.

“While the FDA is aware of the Consumer Reports article on sunscreen products, we cannot speculate on why Consumer Reports found differences between SPF values in its testing and those on product labels,” FDA spokeswoman Andrea Fischer told The Forum. “Manufacturers of sunscreen drug products are responsible for the quality of their products and for determining the SPF reported on the labels for their products, by following specific test methods set forth in FDA regulations. When performed according to current regulatory requirements, the FDA’s established SPF test method demonstrates a sunscreen’s effectiveness in helping prevent sunburn.”

Fischer later added that “All drug products, including sunscreens, are subject to FDA inspection and sunscreen products that are found not to be in compliance with applicable regulations are subject to FDA regulatory actions. At times, the FDA may also initiate targeted surveillance programs to evaluate compliance with specific requirements.”

The FDA also reminded consumers to regularly use sun protection measures, including:

• Limit time in the sun, especially between the hours of 10 a.m. and 2 p.m., when the sun’s rays are most intense.
• Wear clothing to cover skin exposed to the sun
• Use Broad Spectrum sunscreens with SPF values of 15 or higher regularly and as directed

Reapply sunscreen at least every two hours, more often if you’re sweating or jumping in and out of the water.

michael@theforumnewsgroup.com

By Michael V. Cusenza

For the last week or so, Queens, like the rest of the Burned Apple, has been trying to keep cool – a gargantuan task in the face of seemingly unending, oppressive heat and humidity punctuated by abrupt bursts of thunder and lightning and rain.

Among Gotham’s tried and true – and cheap – ways to quickly cool down is the fire hydrant. But you’ve got to do it right these days.

Opening fire hydrants without spray caps is illegal, wasteful, and dangerous, according to the City Department of Environmental protection. “Illegally opened hydrants can lower water pressure and put lives at risk if there is a fire. Children can also be at serious risk, because the powerful force of an open hydrant without a spray cap can knock a child down, causing an injury,” the agency noted in a safety alert issued on Sunday.

DEP also pointed out that hydrants can be opened legally if equipped with a City-approved spray cap. One illegally opened hydrant can release more than 1,000 gallons of water per minute, while a hydrant with a spray cap releases 20 to 25 gallons per minute. Spray caps can be obtained by an adult, 18 or over, free of charge, at any City firehouse.

Stay cool.

michael@theforumnewsgroup.com