Roosevelt Island Residents Association (RIRA) Monthly Meeting Tonight, You're Invited To Attend

Image Of February 2014 RIRA Meeting

The Roosevelt Island Residents Association (RIRA) will be meeting tonight, 8 PM, at the Good Shepherd Community Center (543 Main Street).

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.

All residents are encouraged to attend RIRA meetings.

Here's the Agenda.

Termination Of Main Street Wire Newspaper Door Drop Delivery To Roosevelt Island Apartments And Keeping Member Communications Secret Among Items On Tonight's Roosevelt Island Residents Association Meeting Agenda

The Roosevelt Island Residents Association (RIRA) will be meeting tonight, 8 PM, at the Manhattan Theater Club (8 River Road).

 Image Of February 2014 RIRA Meeting At Manhattan Theater Club

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 items on tonight's agenda is a motion asking Roosevelt Island building owners to prohibit the local newspaper, the Main Street Wire,

from distributing the paper at each apartment door. According to the resolution:

Roosevelt Island Residents Association

Motion Demanding Issuance of Letter by RIRA President re Distribution of The Wire.

Movant: Helen Chirivas, Secretary

“Whereas the WIRE publication does not reflect the interests and aspirations of the entire RI community in its reportage;

Whereas the WIRE publication has offended the sector of the RI community whose interests and aspirations it does not reflect;

Whereas the WIRE publication is currently distributed door to door to every household on RI, thereby causing offense to the residents of the RI community its reportage does not reflect;

Therefore, be it resolved that RIRA President J. Escobar, acting in the best interests of the entire RI Community, will arrange for the dispatch of letters (sample attached) via Email and Certified Mail, to each and every management company on RI, requesting, on behalf of the entire RI community, that said management companies henceforth not permit the door- to-door distribution in their properties of the WIRE publication.”

Below is an except from the sample letter described in above motion:

It has come to the attention of the Roosevelt Island Residents’ Association (RIRA) that residents are unhappy with the quality and tenor of the reporting in the WIRE publication, and many no longer wish to be obliged to take delivery of the publication by means of the present door drop distribution method in effect at your property.

I trust that you will agree that the responsible course of action is to therefore terminate the WIRE door-drop distribution policy in your property so as to eliminate the possibility of further offending any tenants/owners residing therein.

To implement the cessation of the door-drop distribution policy in your property, please contact the WIRE via email...

Other RIRA members who object to the reporting in the local newspaper suggest an opt in policy for delivery of the WIRE. They suggest if a building resident wishes to have the paper delivered to their door, they tell building management of their desire and they will receive delivery. Those who don't opt in will not get door delivery. Supporters of the door drop delivery to every apartment claim that an opt in system for delivery will ruin the business advertising model of the Wire.

Also on tonight's RIRA Agenda is a motion to keep secret from the Roosevelt Island public certain communications among RIRA members. According to the resolution:

Roosevelt Island Residents Association

Motion Regarding Transmittal of RIRA Electronic Communications

Movant: Mickey Rindler, as Chair of Ethics Committee

“Be it Resolved

Common Council members shall not publicly disclose, publish, or distribute confidential information, including transmission of:

1. private emails or conversations in which RIRA business is discussed, unless authorized by the author or speaker.

2. communications posted on Common Council-sponsored websites or email reflectors unless authorized by the author or unless otherwise authorized by the Council.

3. Committee work, minutes, or reports not approved for release.”

Here is the rest of tonight's

RIRA Agenda which includes approval of a conflict of interest policy, support of the annual Blood Drive and more.

UPDATE 11:35 PM - Another excellent job by RIRA President Jeff Escobar presiding over tonight's Common Council Meeting. Here's Mr. Escobar's Report to the Common Council which followed the decision by the Common Council to remove the item regarding the Wire distribution door drops from the Agenda.



Also, the motion by the Ethics Committee Chair to prohibit disclosure to the public of internal RIRA communications was tabled and not approved by the Common Council.

RIRA's Aaron Hamburger stood up for Common Council openness and transparency by stating:

I'm strongly opposed to this motion. We are an open organization. We represent our community. There are no secrets. If you write something you stand behind it. I don't care if gets sent to the public. It should in fact....

... In my view it is contrary to the spirit of this organization....

Here's the RIRA Common Council discussion of the issue



and vote to table the issue.



Needless to say that I agree with Mr. Hamburger.

Conflict Of Interest Policy Being Developed By Roosevelt Island Residents Association Ethics Committee - Public Meeting Tonight

Image From Enago

Roosevelt Island Residents Association (RIRA) Ethics Committee Chair Mickey Rindler submitted the report below to the March RIRA Common Council. The RIRA Ethics Committee is meeting tonight 8:15 PM at 425 Main Street Party Room. The public is invited to attend.

From Mr. Rindler:

Report of the Meeting of the RIRA Ethics Committee, Feb. 20, 2014, in the Roof Party room, 425 Main St, 7:30 pm

• Mickey gave a brief history of the committee’s work on a Code of Ethical Conduct (COE) since December. The CC voted in a five member committee at the February meeting but Nicole Walden will need to be replaced as she has not responded and did resign from the CC.
• The consensus was to begin working first on a Conflict of Interest policy as this was straightforward and required to be in place by July due to a new state law requiring nonprofit corporations to have one that includes several specific components. The Code of Ethical Conduct will also need to be finished by June as well if it is to be implemented in the next term. Also, there was discussion of the need to inform the public and to train council members concerning to a the new policies.
• The committee discussed a draft proposal written by Mickey base on a version he obtained that met the new state law. Some minor changes were recommended (these will be in the next draft).
• There was extensive disagreement about Article II, in particular the paragraph concerning potential conflict of interest with CC members who have relationships with government entities, RIOC in particular. A spectrum of views was expressed on this issue. While most seemed to agree that we need to have something in the code, there was no a consensus on the language. It may need to be settled by the CC itself at the next meeting.

There was general agreement that the requirement that those with a conflict, especially if it involves RIOC, be asked to leave the room, as is required by the new law is unreasonable for us. Ultimately, several attendees agreed to look into the possibility of consulting an attorney about this point through any of the following: Ben Kallos, Micah Keller, the CB8 attorney, or the state ethics board to see whether how strictly this requirement would apply in our specific case.

The committee agreed that secretary will keep the forms (not the ethics committee) and it was agreed that for voting purposes, an individual who was not voting due to a COI would be recorded in the minutes as such but would count towards a meeting quorum.

• Other general issues that arose were whether the first part of article II should include a statement to the effect that CC members are to be encouraged to recuse themselves if a potential conflict exists and whether passage of a COI will require a 2/3 vote of the council. These issues were not settled at the meeting.
• Article V on Violations was problematic as well. How does it work practically? There was general agreement that this article needs substantial revision to be workable for the CC. Mickey and Frank agreed to work on correcting it.
• The group went over the two COI forms that each member will be required to sign – one stating that they received the policy and the other a disclosure form. There was agreement that the disclosure document should include relationships with all business entities on the Island and not just Cornell Tech.

The Ethics Committee will schedule another meeting for mid-March.

RIOC Board Member/Child School Director Apologizes For Mistakes Not Disclosing Relationship With NY Rowing Association and For Fundraising Letter During RIOC Governance Committee Meeting Yesterday - Also Reports Lease For Theater/Auditorium At 504 Main Street To Be Signed In Next Few Days

The Roosevelt Island Operating Corp (RIOC) Governance Committee met yesterday (audio webcast of full meeting here). Among the items discussed were conflict of interest and disclosure requirements for RIOC Board Directors.

As previously reported, this issue was raised by the RIOC Governance Committee because of RIOC Director and Child School Executive Director Sal Ferrera's recent failure to disclose his relationship with the NY Rowing Association which was seeking a permit to operate a boating facility on Roosevelt Island and the distribution of a fundraising letter by the Child School to Roosevelt Island residents and organizations.

The discussion began with RIOC Director Margie Smith asking:

What exactly is considered a conflict of interest, what are disclosure requirements, who decides and where do we go from here

RIOC General Counsel Donald Lewis summarized the requirements stating:

 ... bottom line is it is a case by case examination...

and

... each director officer and employee of the corporation must endeavor to pursue a course of conduct which will not  raise suspicion among the public that he or she is likely to engage in acts of violating his or her public trust...

During the Governance Committee meeting, RIOC Director Sal Ferrera apologized and acknowledged his mistake in not disclosing his relationship with the NY Rowing Association. Mr. Ferrera explained that he did not think he needed to explain his relationship with the NY Rowing Association during the March 21 Operations Committee meeting because the intent of the proposal was for a pilot project and that no vote or Board Action was to be taken on the issue.

A question was then raised whether the NY Rowing Association had to be disqualified from the RIOC Request For Proposal for a rowing and kayaking facility because Mr. Ferrera spoke in their favor during a RIOC Real Estate Committee meeting. It was decided that RIOC would submit that question to the NY State Authorities Budget Office for resolution.

Mr. Ferrera also said that the Child School fundraising letter sent to Roosevelt Island residents and organizations was an error made by an employee. Mr. Fererra apologized for the fundraising solicitation letter and said it would not happen again. He noted that when he read the letter he was upset by it as well.

Here's the discussion.



Mr. Ferrera also reported that the Child School will sign a lease with Hudson/Related this coming Friday or the following Monday for the second floor of 504 Main Street to be used as an auditorium/theater with seating for 150. Mr. Ferrera indicated that the auditorium would have sufficient soundproofing so that it would not disturb the NY Public Library branch that may be located on the first floor of 504 Main Street some time in the future.



More on the future use of 504 Main Street from previous posts here and here.

UPDATE 6:25 PM - Mr. Ferrera writes:

I am writing in response to various individuals who have objected to a letter sent out from the Child School soliciting donations for the development of a performing arts center 504 Main. As some of your readers may know, 504 is building which has been never been tenanted since its construction in the 1970s . Unfortunately the letter erroneously referred to an amphitheater at 504 Main. The building will instead contain a small auditorium which will double as a theatre for our drama performances. Its seating capacity will be approximately 150. The space will also contain 3 classrooms that will focus on music ,dance and art. This new facility will be available to our community after school hours, the only cost will be for security (IF NECESSARY). Our construction plan includes sound proofing which should eliminate any disruption for the planned library on the first floor.

These individuals, have used the above letter as a pretext to question my ethics and raise the issue of conflicts of interest as a result of my serving on the RIOC board. As far as conflict of interests and the Child School is concerned, I do not as a matter of policy raise or propose any projects that will be solely beneficial to The Child School. A good example is the request made by the rowing group to build a temporary 80 foot floating dock under the Koch Bridge on RI. Yes, it will be accessible to the students of The Child School as well to all the interested residents that live on the Island. Yes, I also serve on the rowing groups not for profit board and that can be interpreted as a conflict which is why I have stood aside as the rowing group presented its proposal independently and in compliance with RIOCs stated policies and procedures. This project, along with 504 main, will benefit our community and in particular the children living on this island yet both projects are being used as a basis for various individuals to personally and wrongly attack my participation on the RIOC board.

My hope is that the vast majority of the residents on this island can see benefits of just these two projects and separate them from the real objectives of this small but very vocal group of individuals who refuse to accept my presence on the RIOC board as a result of my assignment by the Governor.

Conflict of Interest And Disclosure Requirements For RIOC Directors Among Items On Agenda For April 11 Roosevelt Island Operationg Corp Governance Committee Meeting

According to the Roosevelt Island Operating Corp (RIOC):

PLEASE TAKE NOTICE that a meeting of the Governance Committee of the RIOC Board of Directors will be held on Wednesday, April 11, 2012 at 5:30 p.m. at the RIOC administrative office, 591 Main Street, Roosevelt Island, New York.

The Committee will meet to discuss:

1. Update on CFO Position Objectives;
2. Review of President/CEO Position Objectives and Performance Evaluation Approach;
3. Update on Long Range Plan;
4. General Discussion of Conflict of Interest and Disclosure Requirements; and
5. Update on Corporate Compliance Issues. 

As reported in previous post, the RIOC Board conflict of interest and disclosure requirement issue recently arose again following a presentation by the NY Rowing Association to the March 21 RIOC Operations Committee. During this meeting, the NY Rowing Association proposed to establish a rowing and kayaking facility on Roosevelt Island.

However, RIOC Board Member and Child School Executive Director Sal Ferrera, who was present for the meeting, but not a member of the Operations Committee, did not disclose to his fellow Board members that he was also a member of the NY Rowing Association Board of Trustees and that the NY Rowing Association official making the presentation to the RIOC Board was a member of the Child School Board of Directors.

Mr. Ferrera also did not disclose to his fellow RIOC Board members that there was a legal dispute between the NY Rowing Association and its former site at the Peter Sharp Boathouse on the Harlem River.

Mr. Ferrera was silent during the presentation and discussion.

RIOC staff have not responded to repeated inquiries asking if Mr. Ferrera disclosed to them his relationship with the NY Rowing Association or the organization's legal dispute with Peter Sharp Boathouse.

At a follow up Real Estate Committee meeting on April 2, despite Mr. Ferrera's support for the NY Rowing Association proposal, the RIOC Directors decided not to approve the NY Rowing Association proposal but to issue a Request for Proposals for any qualified organization, including the NY Rowing Association, to establish a rowing and kayaking facility on Roosevelt Island.

Additional allegations concerning conflict of interest appearances directed at Mr. Ferrera's dual role as RIOC Board Director and Child School Executive Director continued this week.  I sent the following inquiry to RIOC President Leslie Torres and RIOC Directors earlier today:

I understand that RIOC Board Director and Child School Executive Director Sal Ferrera has been sending out donation solicitation fundraising letters for the Child School to Roosevelt Island residents who, in some cases, are officials/members of Roosevelt Island organizations that work in one way or another with RIOC. Is that true?

Several recipients of the Child School fundraising letters have expressed concern regarding the appropriateness/legality of a RIOC Director soliciting funds from them and that these fundraising letters further demonstrate an inherent conflict of interest between Mr. Ferrera's dual position as a RIOC Director and Child School Executive Director.

I am preparing a post on this issue for Roosevelt Islander Online and am happy to include a statement from any of you.

Thank you.

Have not received a response yet but if received will include it as an update.

Roosevelt Island Historical Society President Judy Berdy received one of those fundraising solicitations and sent the following message to RIOC President Torres and RIOC Directors:

Last week I received a solicitation from The Child School for a donation. It included the letter attached and the quote for a "275 seat amphitheater."  Yesterday, I received an invitation to the event and also included the Arts Center and a 280 seat amphitheater."

I have checked with Doryne Isley, manager of Roosevelt Landings who knows nothing of this "amphitheater." (There is an out-of-door amphitherater in back of 540 Main St.)

Along with the riding academy, rowing center, this arts center and now amphitheatre are direct conflicts with being a board member of RIOC.  I suggest that RIOC Governance Committee refer this matter to the NYS Attorney General since Mr. Ferrera is using his position as a board member to acquire use of Island property.

Below is an April 4, 2012 Child School fundraising letter and event invitation.

So, will the RIOC Governance Committee discuss the specific issue of Mr. Ferrera possible conflict of interest as RIOC Director and Child School Executive Director or will it be only a general discussion of the issue as listed in the Agenda?

Perhaps the NY State Authorities Budget Office (ABO) Model Code of Ethics provides some guidance on this issue?



Stay tuned.

UPDATE 6:40 PM - RIOC Press Spokesperson responds:

We have confirmed with Dr. Ferrera that fundraising letters for the Child School were sent to certain Roosevelt Island residents who are members of Roosevelt Island organizations that do business with RIOC. According to Dr. Ferrera, the letters to those individuals were inadvertently sent out and he has apologized for the mistake. Dr. Ferrera has also confirmed that the Child School will not accept donations from any such individuals. Furthermore, Dr. Ferrera has confirmed that the Child School has not previously, nor does it intend to in the future, solicit donations for the Child School from any Roosevelt Island residents.

While this appears to have been an error, we have emphasized to Dr. Ferrera that as a member of the RIOC Board, it is inappropriate to engage in actions that may result in the appearance of impropriety or undue influence. Dr. Ferrera has informed us that he fully understands his ethical responsibilities and again apologized for the mistake.

RIOC Real Estate Committee Meeting Monday To Discuss Roosevelt Island Kayaking And Rowing Proposal - Will They Also Discuss Obligation Of RIOC Directors To Disclose Relationships With Permit Applicants - Does It Matter?

You Tube Video of March 21 RIOC NY Rowing Association Presentation

According to the Roosevelt Island Operating Corp (RIOC):

PLEASE TAKE NOTICE that a meeting of the Real Estate Development Advisory Committee of the RIOC Board of Directors will be held on Monday, April 2, 2012 at 5:00 p.m. at the RIOC administrative office, 591 Main Street, Roosevelt Island, New York.

AGENDA

1. Review Leasing/Licensing Requirements under RIOC Property Disposition Guidelines.

2. Discuss Proposal for the Use of West Channel Promenade.

3. Discuss Proposal for Roosevelt Island Rowing and Kayaking Site Presented by New York Rowing Association

4. Chair�s Motion for Executive Session to Review and Discuss the Status of Privatization/Affordability Plan and Ground Lease Extension for Island House.
***
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.

Agenda Item #3 - the NY Rowing Association proposal for a boating facility below the Queensboro Bridge was discussed during the March 21 Operations Committee Meeting. (Video of Discussion above and audio webcast here.). The RIOC Directors present for the NY Rowing Association presentation expressed approval for the concept but also concern that they did not have adequate time to evaluate the proposal and asked to receive answers to some additional logistical questions at their next meeting.

After advocating for a Roosevelt Island boating facility for several years, I thought this was a great idea.  Unfortunately, the next day an issue arose over the possible undisclosed relationship between RIOC Director Sal Ferrera, also the Executive Director of the Child School, and the NY Rowing Association. As reported in this March 22 post:

...I sent the following inquiry to RIOC Director Sal Ferrera, President Leslie Torres, VP of Operations Fernando Martinez and the other resident RIOC Board Directors:

I am preparing a post on the March 21 NY Rowing Association presentation at RIOC OPS meeting.  The NY Rowing Association web site indicates that Sal Ferrera is a member of their Board of Trustees. Click here for info. Is that true?

If so, was that ever disclosed to RIOC Staff or Directors. I don't recall that it was mentioned during the meeting?

Is Sal being a member of the organization's Board of Trustees relevant to RIOC whether or not to approve the NY Rowing Association permit/license/lease?

Please let me know if anyone wishes to comment for Roosevelt Islander Online.

Thank you.

RIOC Director Sal Ferrera responds:

In response to your email, I am a member of the NYRA board and Vince Paparo is a member of The Child School board.

The Rowing association has been a wonderful addition to our co curricular program, when they wanted to relocate to RI , I felt the community and the Child School will benefit. Issuing a one year provisional permit will allow our board to evaluate the program.

I remained silent during the presentation and discussion and did not try to curry favor. Our Operations committee did a fine job in asking relevant questions

UPDATE 11:15 PM - Received the following response from RIOC's spokesperson:

The discussion and presentation about a potential rowing launch site under the Ed Koch bridge was at an Operations subcommittee meeting and Sal is not on that subcommittee.

Additionally, if any Board vote is taken concerning the NYRA, Sal intends to recuse himself from voting on the issue.

So far, no response from RIOC on whether Mr. Ferrera disclosed his relationship with NY Rowing Association to RIOC Staff or Directors prior to the Operations Committee meeting....

On March 23 I sent the following reply to RIOC's Press Spokesperson and RIOC Directors:

Thanks for the response but will RIOC answer the question whether RIOC staff and/or directors were aware that RIOC Director Sal Fererra was a Trustee of the NY Rowing Association and that the NY Rowing Association official making the presentation at Operations Committee is a member of the Child School Board of Directors?

On March 26 I sent this follow up to Ms. Torres, Mr. Martinez and the RIOC Directors:

I am following up on inquiry from last Friday (message thread below) regarding whether RIOC Directors and Staff had prior knowledge before the March 21 Operations Committee meeting that RIOC Director Sal Fererra was a Trustee of the NY Rowing Association and that the NY Rowing Association official making the Boating/Kayaking presentation at March 21 Operations Committee is a member of the Child School Board of Directors? Can you confirm whether RIOC Directors and Staff had such knowledge? Is such information relevant to the RIOC Board and staff?

Also was the RIOC Board and Staff made aware of the circumstances regarding the NY Rowing Association leaving their former site at the Peter Sharp Boat House on the Harlem River. There appear to be some dispute regarding the termination of NY Rowing Association management agreement with the Peter Sharp Boathouse which led to litigation between the parties before the expiration of their agreement.

Here is link to February 23, 2012 NY State Appellate Division decision on matter.

Please let me know if you wish to comment for Roosevelt Islander Online.

To date have not received any further response. The question remains whether Mr. Fererra disclosed his relationship with the NY Rowing Association to the other RIOC Board members or  RIOC Staff and if he disclosed the circumstances of the NY Rowing Association's dispute with the Peter Sharp Boathouse. If he did not, the question then becomes is that relevant?

Perhaps the NY State Authorities Budget Office (ABO) Model Code of Ethics provides some guidance?

RIOC Real Estate Committee Meeting Today To Discuss Status Of Island House Privatization/Affordability Plan and Ground Lease Extension - In Executive Session Closed To The Public, What's Going On?

Image of Roosevelt Island's Island House Entrance

Received this advisory from Roosevelt Island Operating Corp (RIOC):

PLEASE TAKE NOTICE that a meeting of the Real Estate Development Advisory Committee of the RIOC Board of Directors will be held on Tuesday, September 6, 2011 at 6:00 p.m. at the RIOC administrative office, 591 Main Street, Roosevelt Island, New York.

AGENDA

1. Chair's Motion for Executive Session to Review and Discuss the Status of Privatization/Affordability Plan and Ground Lease Extension for Island House

A previous post discussed the circumstances when the RIOC Board can meet in Executive Session. An excerpt:

... a public body cannot close its doors to the public to discuss the subject of its choice, for the law specifies and limits the subject matter that may appropriately be discussed in executive session. The eight subjects that may be discussed behind closed doors include:

... (h) the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof....

More information on the circumstances under which RIOC is permitted to hold an executive session closed to the public available from the NY State Department of State Committee on Open Government.

It has been extremely difficult to obtain information regarding the privatization/affordability plan and ground lease extension for Roosevelt Island's Mitchell Lama Buildings at Island House, Westview and Rivercross. To date, none of these buildings have been privatized out of the Mitchell Lama program and only the Rivercross Building has received a ground lease extension from RIOC Board of Directors in January 2011. The reason given for Rivercross receiving a ground lease extension from RIOC was so that the Rivercross mortgage could be refinanced at a low interest rate to raise funds for building improvements. According to the January 2011 RIOC Board minutes regarding this issue (Page 9):

... In response to Mr. Kraut’s question, Mr. Leitner noted that, under the proposed agreement, as stated in term sheet item nine, the base ground rent paid to the Empire State Development Corporation (“ESDC”) would remain the same, while the amount paid to RIOC will increase by 4% compounded annually. Mr. Shinozaki noted that the entire building’s rent is less than that of some individual residential units in other buildings on Roosevelt Island. Mr. Kalkin noted that the low rent was consistent with the purpose of Mitchell-Llama properties to create and preserve affordable housing....

Here is the Rivercross Ground Lease Extension Resolution from RIOC and Term Sheet. Some Rivercross residents have expressed concerns that the new mortgage negotiated by the Rivercross Board is a bad deal for residents who plan on staying long term at the building.

None of the 9 RIOC Board members live in Island House or Westview. 4 of the 6 Roosevelt Island resident RIOC Directors live in Rivercross and all 3 current members of the Real Estate Committee live in Rivercross. At the time that the Rivercross Ground Lease extension was granted by RIOC, 2 of the 3 Real Estate Committee members lived in Rivercross.

By noting that 4 Rivercross residents are on the RIOC Board and voted for the Rivercross Ground Lease extension does not indicate in any way whatsoever that anything improper occurred though some residents, not only Mr. Farance, have raised conflict of interest questions concerning this RIOC Board vote.

The conflict of interest question gets asked because so little information is made public to explain what, if any, role the RIOC Board of Directors and Staff have in deciding issues regarding the privatization/affordability plans for the Roosevelt Island Mitchell Lama Rivercross, Westview and Island House buildings, what role New York City and State agencies play in the process and what is the current status of the privatization process?

If anyone knows, please tell.