Roosevelt Island Public Purpose Funds Applicant Presentations Start Friday October 9 - But NY State Authorities Budget Office Says No Change In Policy Guidance Prohibiting Practice

Image From RIOC

According to the Roosevelt Island Operating Corp (RIOC);

Please be advised that the 2015 Public Purpose Grant Community Review Process for applicant proposed programs and projects will be conducted at the Good Shepherd Community Center, 543 Main Street, beginning next Friday, October 9th. The presentations are open to the public and will be an opportunity to learn more about the programs and projects from community groups who are seeking funding. At the conclusion of each presentation, time will be reserved for questions and answers by public attendees and members of the Roosevelt Island Resident Association’s Public Purpose Grant Committee.

Below is the schedule of applicant presentations:

October 9th

8 PM – 8:30 PM: Roosevelt Island Seniors Association

8:30 PM – 9:00 PM: Roosevelt Island Youth Program (IDig2Learn)

9:00 PM– 9:30 PM: Roosevelt Island Disabled Association


October 13th

8 PM– 8:30 PM: Life Frames

8:30 PM – 9:00 PM: PS/IS 217 PTA

9:00 PM– 9:30 PM: RIVAA


October 14th

8 PM– 8:30 PM: Island Kids

8:30 PM– 9:00 PM: Main Street Theatre & Dance Alliance

9:00 PM- 9:30 PM: Roosevelt Island Historical Society

For more information, please call 212-832-4540. General concerns about grant funds and applicants should be directed to Sean Singh at Sean.Singh@rioc.ny.gov, with a copy to David Evans, evansde23@hotmail.com.

A spokesperson for Assembly Member Rebecca Seawright adds:

The Governor has released Roosevelt Island’s Public Purpose Funds for this year. Assembly Member Seawright’s legislation clarifying RIOC’s ability to distribute Public Purpose Funds in the future has been packaged and sent to Albany for the Governor’s signature

As reported last February:

...2015 RIOC Public Purpose Funds distribution is in jeopardy due to this January 13 NY State Authorities Budget Office Policy Guidance stating:

... All state and local authorities which, as a matter of practice or policy, grant or loan their monies to such entities without specific legislative authorization are directed to immediately end such practice or policy so as to comply with applicable state law and the opinions of the State Attorney General and State Comptroller...

Apparently, there is no specific legislative authorization for RIOC to  grant Public Purpose Funds....

On October 2,  Roosevelt Island resident Helen Chirivas asked the NY State Authorities Budget Office:

Has there been an exception made to ABO guidance 15-01 http://www.abo.ny.gov/policyguidance/15-01%20Restrictions%20on%20Grants%20and%20Loans.pdf with respect to the Roosevelt Island Operating Corporation (“RIOC”)?   

Earlier today, I received a RIOC announcement by phone that Public Purpose Funding (“PPF”) application presentations will be held on October 9, 13, and 14 from 8-10 PM at the Good Shepherd Chapel on Roosevelt Island.   The Public Purpose Funding process in prior years enabled RIOC to distribute funds to non-profits on RI; the process was suspended this year because of the explicit restrictions on a State agency distributing funding to non-profits contained in the ABO guidance.

Legislation SS Serrano/ASM Seawright prepared http://open.nysenate.gov/legislation/bill/S5813A-2015 that would have exempted RIOC from the ABO guidance was passed by the Senate and Assembly but never signed by Governor Cuomo. 

Has there been some other development that exempts RIOC from the restrictions on funding as set forth in the above-referenced ABO guidance?  Has the ABO issued a new/updated guidance or specific statement that exempts RIOC from the restrictions?   If not, would you have any comments on RIOC proceeding with the distribution of funds despite ABO guidance 15-01? 

The Authorities Budget Office replied October 5 to Ms. Chirivas stating:

There have been no exceptions or changes made to ABO policy guidance 15-01 for any public authority. We suggest you contact your local legislator to find out the current status of the bill you reference below.

Well, that's confusing.
 
Public Purpose Funds is on the Agenda for tonight's Roosevelt Island Residents Association (RIRA) Common Council meeting.

Will update when more information available..

NY State Senator Jose Serrano and Assembly Member Rebecca Seawright Pass Legislation Allowing RIOC To Provide Public Purpose Fund Grants To Roosevelt Island Non Profit Organizations - Next Step Is Governor Cuomo's Signature

The New York State Senate and Assembly passed legislation earlier this week to allow the Roosevelt Island Operating Corp (RIOC) to continue allocating Public Purpose Fund grants to Roosevelt Island non-profit organizations. The legislation was sponsored by Roosevelt Island's State Senator Jose Serrano and Assembly Member Rebecca Seawright. and sent to Governor Cuomo for signature.

As reported last March:

... the annual distribution of approximately $100 Thousand in Roosevelt Island Operating Corp (RIOC) Public Purpose Funds

 Image From RIOC

to Roosevelt Island non profit organizations has been jeopardized because of the New York State Authorities Budget Office (ABO) January 13, 2015 Policy Guidance Statement saying in part:

... State and local authorities, as defined by Section 2 of the Public Authorities Law, whether created as public benefit corporations or formed as not- for-profit corporations, have only those powers explicitly granted or necessarily implied by statute. Accordingly, state and local authorities may engage in only those activities and exercise those powers which are expressly authorized in law or which are incidental to performing their statutory purposes.

Authorities Budget Office Policy Guidance: This limitation applies to the power of a state or local authority to award its monies in the form of grants and loans to public or private interests. Such financial assistance is prohibited unless expressly authorized in statute....

... A state or local authority, unless otherwise empowered under the law, may not grant or loan its monies to public or private corporations, private businesses or interests, civic associations, charitable groups, educational institutions, not-for- profit corporations, or any other social, religious, fraternal or cultural organization....

... All state and local authorities which, as a matter of practice or policy, grant or loan their monies to such entities without specific legislative authorization are directed to immediately end such practice or policy so as to comply with applicable state law and the opinions of the State Attorney General and State Comptroller.

Senator Serrano issued this June 18 Press Release:

On Monday, June 15th, the New York State Senate passed Senator José M. Serrano's bill, S5813, which authorizes the Roosevelt Island Operating Corporation (RIOC) Board of Directors to continue to provide grants to not-for-profit organizations that provide services to the Roosevelt Island community.

Since 1989, The RIOC Board has distributed funds for capital improvements and other community needs through the Roosevelt Island Public Purpose Fund program. In January 2015, the Authorities Budget Office issued a broad policy guidance, which due to it's ambiguity, temporarily halted this longstanding practice and prohibited RIOC from distributing grants. Serrano's legislation would expressly clarify that the RIOC Board has the authority to distribute the public purpose funds, and continue to provide this much needed financial assistance to deserving local non-profits.

"For over 25 years, The RIOC Board has been providing much needed funding of vital services for the Roosevelt Island community. I am pleased to have worked with my Roosevelt Island colleagues Assemblywoman Rebecca Seawright and Council Member Ben Kallos on this important issue. I'm grateful that this bill has passed both houses of the legislature," said Senator Serrano.

"I am pleased that my office was able to work closely with the Roosevelt Island Residents Association's Government Affairs Committee and Senators Serrano and Golden to draft a bill that will support local not-for-profits and government agencies that serve Roosevelt Islanders," said Assembly Member Seawright.

With time running out until the end of session, getting this legislation through the Republican controlled Senate was no easy feat. Having passed both the Senate and Assembly, where it was sponsored by Assemblywoman Rebecca Seawright, the bill now heads to Governor Andrew M. Cuomo's desk to be signed into law.

According to the Senate Bill 5813 sponsored by Senator Serrano and Brooklyn Senator Martin Golden, the RIOC grants are not to exceed 3% of its operating budget (approximately $25 million for fiscal year 2015 -16):

Section 1. Legislative intent. This act shall authorize the Roosevelt Island Operating Corporation to distribute public purpose funds to not-for-profit community organizations whose purpose is to benefit Roosevelt Island residents by enhancing their quality of life through education, artistic and cultural enrichment, improved health or better environment.

S 2. Chapter 899 of the laws of 1984, relating to the creation of a public benefit corporation to plan, develop, operate, maintain and manage Roosevelt Island, is amended by adding a new section 4-a to read as follows:

S 4-A. NOT-FOR-PROFIT GRANT DISTRIBUTION. 1. THE CORPORATION IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS TO NOT-FOR-PROFIT CORPORATIONS OR GOVERNMENTAL AGENCIES THAT PROVIDE DIRECT SERVICES OR BENEFITS TO THE RESIDENTS OF ROOSEVELT ISLAND, NOT TO EXCEED 3% OF THE OPERATING BUDGET OF THE CORPORATION, AND UPON THE APPROVAL OF A MAJORITY OF THE ENTIRE BOARD OF THE CORPORATION. 2. ON OR BEFORE MAY 1, 2016, THE CORPORATION SHALL POST A REPORT ON ITS WEBSITE THAT SHALL LIST

The bill was sent to Governor Cuomo

@Rooseveltisland @MainStreetWIRE @BenKallos @riraonline please RT ask @NYGovCuomo 2 #SignBill 4 #Roosevelt-Island #S5813 Thank U

— Lynne Shinozaki (@LASHINOZAKI) June 18, 2015

for his signature.

Roosevelt Island Residents Association (RIRA) April 2015 Common Council Monthly Meeting Tonight, You're Invited To Attend And Raise Issues Of Concern

The Roosevelt Island Residents Association (RIRA) Common Council will be meeting this evening at 8:00 PM in the Good Shepherd Community Center (543 Main Street).

  Image Of December 2014 RIRA Common Council Meeting

As always, prior to the start of each monthly meeting there is a Public Session in which residents can come and address the Common Council Delegates on any issue of concern.

Among the Public Session Speakers tonight is Christina Delico of iDig2Learn, who will be give a short presentation regarding their upcoming Earth Day activities,

as well as the City’s Participatory Budgeting Vote and PS 217’s efforts to obtain a green roof.

All residents are encouraged to attend RIRA meetings.

Below is the full Agenda for tonight's RIRA Common Council meeting.

AGENDA
If at all possible, please arrive a half-hour early to help set up tables and chairs
Date: Wednesday, April 1st, 2015
Time & Place: 8:00 pm, Church of Good Shepard

1. Public Session

2. Roll Call of Common Council Members

3. Adoption of Agenda

4. Approval March 4, 2015 Council Session Minutes

5. Treasurer’s Report & Business

6.President’s Report & Business

a. Call for RIRA 2015 Blood Drive Captain

7. Committee Reports

a. SC&E Committee Report

8. Old Business

9. New Business

a. Committee Reports and Resolutions Submitted after deadline of 5PM the Friday preceding present Common Council Session

i. Island Services Committee Report

ii. PPF Ad Hoc Committee Report and Resolution re ABO Ruling

1. Resolution on RIRA Response to ABO Ruling 15-01 Denying Public Purpose Funds from RIOC (Movant: Dave Evans, PPF Ad Hoc Committee Chair)

RIOC Governance Committee Discusses NY State Authorities Budget Office Policy Guidance And Distribution Of Roosevelt Island Public Purpose Funds - RIOC Tries To Thread Needle Between Complying With Law And Serving Roosevelt Island Community Needs

Image From NY State Authorities Budget Office

As reported yesterday the Roosevelt Island Operating Corp (RIOC) Governance Committee met last evening to discuss the January 13, 2015 NY State Authorities Budget Office (ABO) Policy Guidance regarding:

... distribution by RIOC of Public Purpose Funds to Roosevelt Island non profit organizations.

In response to my question, RIOC Director Margie Smith answered that RIOC has not received any written instructions from the NY Governor's Office or ABO about the distribution of Public Purpose Funds but believes that the Roosevelt Island Youth Program will receive funding. RIOC President Charlene Indelicato added that RIYP will be funded by RIOC through the end of the year at which time RIOC will probably issue a Request For Proposals for Youth Services.

RIOC does not know if it will be able to distribute funds to Roosevelt Island organizations that have applied for 2015 Public Purpose Funds through the RIRA vetting process.

RIOC Directors discussed the possibility of alternative funding sources for Roosevelt Island non profits organizations including private groups such as Roosevelt Island building owners....

Here's video of the full meeting.

Part 1.



Part 2.



Part 3.



An audio web cast of the meeting from RIOC is here.

RIOC Governance Committee Meeting Today On Distribution Of Roosevelt Island Public Purpose Funds - RIRA Passes Motion In Favor Of RIOC PPF Distribution Claiming Money Is Debt Owed To Community By RIOC, Not A State Grant

As previously reported, the annual distribution of approximately $100 Thousand in Roosevelt Island Operating Corp (RIOC) Public Purpose Funds

 Image From RIOC

to Roosevelt Island non profit organizations has been jeopardized because of the New York State Authorities Budget Office (ABO) January 13, 2015 Policy Guidance Statement saying in part:

... State and local authorities, as defined by Section 2 of the Public Authorities Law, whether created as public benefit corporations or formed as not- for-profit corporations, have only those powers explicitly granted or necessarily implied by statute. Accordingly, state and local authorities may engage in only those activities and exercise those powers which are expressly authorized in law or which are incidental to performing their statutory purposes.

Authorities Budget Office Policy Guidance: This limitation applies to the power of a state or local authority to award its monies in the form of grants and loans to public or private interests. Such financial assistance is prohibited unless expressly authorized in statute....

... A state or local authority, unless otherwise empowered under the law, may not grant or loan its monies to public or private corporations, private businesses or interests, civic associations, charitable groups, educational institutions, not-for- profit corporations, or any other social, religious, fraternal or cultural organization....

... All state and local authorities which, as a matter of practice or policy, grant or loan their monies to such entities without specific legislative authorization are directed to immediately end such practice or policy so as to comply with applicable state law and the opinions of the State Attorney General and State Comptroller.

The RIOC Governance Committee is meeting today to discuss the issue of Roosevelt Island Public Purpose Funds in view of the ABO Policy Guidance. Here's the Agenda for today's Governance Committee meeting.

PLEASE TAKE NOTICE that a meeting of the Governance Committee of the RIOC Board of Directors will be held on Monday, March 23, 2015 at 5:30 p.m. at the RIOC administrative office, 591 Main Street, Roosevelt Island, New York.

AGENDA

Discussion of the Authorities Budget Office Guidance No 15-01 "Restrictions on Grants and Loans Made by Public Authorities"

Any Other Committee Business That May be Brought Before the Committee

***

The Open Meetings Law of the State of New York requires that all public bodies conduct meetings, convened for the purpose of officially conducting public business, in a manner open to attendance by the general public to observe and listen.

The Roosevelt Island Residents Association (RIRA) Common Council discussed RIOC Public Purpose Funds during March 4 meeting. RIRA Governance Committee Chair Joyce Short asserted that RIOC Public Purpose Funds are:

... a debt, not a grant, to the community...

meaning that the ABO Policy Guidance prohibiting grants or loans does not apply to distribution of RIOC Public Purpose Funds to Roosevelt Island non profit organizations.

Ms. Short claimed that RIOC previously "squandered" Public Purpose funds originally provided by Manhattan Park as payments in lieu of taxes.

The Public Purpose Funds discussion begins at the 2 minute mark.



Following the discussion, RIRA passed a resolution in favor of RIOC continuing distribution of Public Purpose Funds.

UPDATE 10 PM - Below is a video except from RIOC Governance committee meeting discussion this evening regarding ABO Policy Guidance on distribution by RIOC of Public Purpose Funds to Roosevelt Island non profit organizations.

In response to my question, RIOC Director Margie Smith answered that RIOC has not received any written instructions from the NY Governor's Office or ABO about the distribution of Public Purpose Funds but believes that the Roosevelt Island Youth Program will receive funding. RIOC President Charlene Indelicato added that RIYP will be funded by RIOC through the end of the year at which time RIOC will probably issue a Request For Proposals for Youth Services.

RIOC does not know if it will be able to distribute funds to Roosevelt Island organizations that have applied for 2015 Public Purpose Funds through the RIRA vetting process.



RIOC Directors discussed the possibility of alternative funding sources for Roosevelt Island non profits organizations including private groups such as Roosevelt Island building owners.

Will have complete report and video soon.

UPDATE 3/24 Full video of Governance Committee meeting here.

Roosevelt Island Organizations Fear No More Annual $100 Thousand Public Purpose Funds - RIOC Says Funds Are On Hold Pending Further Clarification From NY State

What is the status of Roosevelt Island Public Purpose Funds distribution for 2015?

 Image From RIOC

As described by Roosevelt Island Operating Corp (RIOC) President Charlene Indelicato:

... Every year, RIOC awards a set amount of Public Purpose Funds to non-profit organizations whose programs benefit Roosevelt Island residents. These funds are provided for the educational, artistic, environmental, and cultural enrichment of the community, with an aim to deliver services to those who need them most....

In past years, a portion of approximately $100 thousand was distributed annually among Roosevelt Island non-profit organizations.

However, as reported last January 17, the 2015 RIOC Public Purpose Funds distribution is in jeopardy due to this January 13 NY State Authorities Budget Office Policy Guidance stating:

... All state and local authorities which, as a matter of practice or policy, grant or loan their monies to such entities without specific legislative authorization are directed to immediately end such practice or policy so as to comply with applicable state law and the opinions of the State Attorney General and State Comptroller...

Apparently, there is no specific legislative authorization for RIOC to  grant Public Purpose Funds.

Last Saturday, a leader of a Roosevelt Island organization that has previously obtained RIOC Public Purpose Funds reported receiving a phone call from RIOC saying that there are no Public Purpose Funds available this year.

Today, I asked RIOC President Indelicato:

I understand that Roosevelt Island organizations were told definitively that there would be no RIOC Public Purpose Funds this year.

Is it true that RIOC will not allocate Public Purpose Funds this year?...

Ms. Indelicato replied:

No, we just said it was on hold until we can get further clarification.

During February 4 Roosevelt Island Residents Association (RIRA) Common Council Public Session, NYC Council Member Ben Kallos spoke



about funding for Roosevelt Island community groups noting that the deadline to apply for expense items, such as those allocated by RIOC Public Purpose Funds, was February 20.

Mr. Kallos added that funds for capital projects through the Participatory Budgeting process are available for Roosevelt Island.

RIRA Reports On Roosevelt Island Public Purpose Funds Process - NY State Authorities Budget Office Policy Guidance Potential Roadblock To Funding

Roosevelt Island Residents Association (RIRA) President Jeff Escobar and Public Purpose Funds Committee Chair Dave Evans report on the current status of the Roosevelt Island Operating Corp (RIOC) Public Purpose Funds process.

Image From RIOC

According to Mr. Escobar and Evans:

RIRA AND PUBLIC PURPOSE FUNDS 2015

Every year since the construction of Manhattan Park, not-for-profit organizations operating and providing services and programming to the community on Roosevelt Island have been able to apply for RIOC Public Purpose Funds (PPF), which was established and made available by New York State to support community uses. The overall purpose is to help qualified organizations whose activities benefit Roosevelt Island residents by availing funding so that they may startup or continue their mission of enhancing the quality of life of Roosevelt Island Residents. The PPF process – which began in 1989 and has occurred every year since – seeks to make decisions and determinations as to which Island 501c organizations will receive a portion of the funds available.

As such and in that the Roosevelt Island Residents Association (RIRA) strives for “voluntary sharing” of certain responsibilities and the “common good” for all Island residents, RIOC has historically looked to RIRA to make funding recommendations for the consideration of the RIOC Board as it pertains to those community organizations applying for PPF. To this end, RIRA has been grateful to RIOC for providing it over the years the opportunity to be involved; albeit a difficult challenge that RIRA has accepted.

Why does RIRA preface its role in the PPF process as a difficult challenge? Because historically and given the number of qualified applicants, the total funds requested from the Roosevelt Island community often times more than doubles the total $100,000 budgeted funding for this particular effort. From the Roosevelt Island Disabled Association to Gallery RIVAA to Island Kids, every Island resident has in some way been touched by the PPF process, and their Island life enhanced, through an applying organizations’ education, artistic and cultural enrichment programming. Difficulty aside, RIRA continues to believe that the PPF work is consistent with its broader purpose of serving the community.

On Monday, January 5, procedures and guidelines for the 2015 Public Purpose Grant application process were posted on the RIOC website (www.rioc.ny.gov/grants), and an extensive, but good, overhaul by RIOC of the procedures in the process has been implemented. Organizations and programs hoping for assistance this year are strongly encouraged to review and familiarize themselves with the new rules and guidelines, as there are several changes to this year’s process, including a Letter of Intent, applicant presentations, and a special email address for all inquiries pertaining to the application and/or process. Moreover, one key change is that the general public may participate in the PPF process, as well, and review and provide input to individual applications.

RIRA, itself, is also coming to an understanding of the changes in the rules and guidelines, as well as its role and participation in the “Community Review Period”. Though there will be experienced members on the Committee, the Committee Chairperson will have training sessions to ensure each is familiar with the new procedures and, as RIRA understands, will require RIOC’s acceptance of each Committee member. Further, the Community Review Period (the actual review of applications) apparently will not start until the necessary affidavits have been completed by each Committee member and accepted by RIOC. To that end, RIRA is in the process of forming and selecting its PPF Committee and members, which will be comprised of representation of each of our Island Districts to the extent practicable. RIRA fully expects that the Committee it recommends to RIOC will be satisfactory and able to meet its requirements.

Following the receipt of the PPF applications, the most detailed aspect of the PPF Committee’s work will be to review and deliberate as to the merits and bona fides of each application. The most exciting could be the actual community presentations where applicants will brief the Committee followed by question/answer sessions and then, open question and answers inclusive of the public. Finally, the most difficult aspect will be independent Committee member evaluations of the applications followed by Committee funding recommendations to the entire RIRA Common Council for submission to the RIOC staff and Board.

Clouding and complicating the PPF process is the January 13, 2015 policy guidance released by the New York State Authorities Budget Office (and cited in a number of local news outlets) which reiterates the1999 and 1982 opinions of the Office of the State Comptroller and the New York State Attorney General that state and local authorities may only accept and expend or pass through loans, grants and contributions it receives from other federal, state, or other public or private sources but not grant or loan its monies awarded by the State, provided that such funding is consistent with the public purpose of the state or local authority and the statutory or programmatic limitations imposed on the use of those funds. With RIOC’s budget and operation – and the PPF itself – being funded primarily by the land rents of each of the buildings and developments that comprise Roosevelt Island but not by the State, coupled with the purely advisory and guidance nature of the opinion by the Authorities Budget Office and the fact that the aforementioned opinion has remained unchanged since 1982 and 1999 when the PPF process was underway, it is a question whether this guidance will come to bear on this year’s PPF process. RIRA itself is analyzing this issue, as well as is RIOC in conjunction with other New York State entities, as to whether the PPF process will continue on.

Regardless, given RIRA’s work in prior years, it is confident that, should the PPF process continue, RIRA will complete this effort in good order and with great pride in serving our Roosevelt Island Community. If you or your organization are interested in participating and/or applying for Public Purpose funding, go to www.rioc.ny.gov/grants, or email Erica Spencer-EL, RIOC Community Relations Specialist, at Erica.Spencer-EL@rioc.ny.gov.

Yesterday, I asked RIOC President Charlene Indelicato:

Has there been any change in the Roosevelt Island Public Purpose Funds grants following this January 13 Authorities Budget Office Policy Guidance:

... All state and local authorities which, as a matter of practice or policy, grant or loan their monies to such entities without specific legislative authorization are directed to immediately end such practice or policy so as to comply with applicable state law and the opinions of the State Attorney General and State Comptroller...

Ms Indelicato replied:

As you can see, Policy Guidance 15-01 was issued on January 13th and is NEW guidance. RIOC has been in the process of discussing the guidance with similarly situated NYS authorities, and relevant units of NYS government.

More on the RIOC 2015 Public Purpose Funds process from previous post.