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© Copyright 2017 Co-op City Times
Vol. 52 No. 8
Saturday, February 25, 2017
Fight Over Management Fees Claimed By MSI Continues In State Supreme Court BY JIM ROBERTS
Attorneys for Riverbay are continuing the battle in state court to overturn a judge’s ruling last year that former managing agent, Marion Scott Real Estate, Inc., is entitled to nearly $800,000 in alleged damages caused by the Riverbay Board of Directors’ termination of MSI in November 2014. In court papers filed earlier this month, Riverbay is demanding that the state Department of Housing and Community Renewal (DHCR) carry out its oversight responsibility and make a final ruling to uphold the Board’s termination of MSI for cause. In addition, the Riverbay attorneys want the court to rule that DCHR’s decision that might allow MSI to recover six months of management fees totaling nearly $800,000 from Riverbay was arbitrary and should be overturned. “Riverbay, acting in accordance with state law, took the necessary steps to protect its existence as an affordable housing corporation,” the Riverbay attorneys stated in the Feb. 2 court filing. “MSI was properly and necessarily suspended by Riverbay in November of 2014 for breach of its
management contract, violation of federal and state employment laws, and non-compliance with DHCR regulations.” In a ruling in a related case last June, State Supreme Court Justice Paul Wooten determined that damages owed to MSI, if any, would be limited to the time period between its November 2014 suspension and the date that DHCR formally terminates MSI’s contract. DHCR has ruled that MSI’s management agreement is considered ended six months following their removal from Co-op City, but Riverbay is suing the state agency to make the termination date effective as of November 2014 to eliminate any payment to MSI for the six-month period following their removal from Co-op City during which they did no work. “DHCR’s failure to complete an investigation of MSI that DHCR was conducting, its deflection of the issue of documented mismanagement, and its determination that the management contract of MSI should be terminated as of May 31, 2015, based on an (Continued on page 10)
ASSEMBLYMAN BENEDETTO’S BLACK HISTORY MONTH CELEBRATION IN CO-OP CITY SEE PAGES 4 AND 5
BY BILL STUTTIG
Granted access to the top levels of Mayor Bill de Blasio’s administration, the three highest ranking Riverbay officials were successful at bringing many of the community’s concerns directly to the Mayor and his inner circle last Thursday afternoon at City Hall. Riverbay President Linda Berk, Executive General Manager Bob Klehammer and General Manager Noel Ellison sat down inside City Hall with Mayor de Blasio, First Deputy Mayor Tony Shorris, Commissioner of the city’s Community Affairs unit Marco Carrion, Budget Director Dean Fuleihan and several other key aides from both the Community Affairs Division and the
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Deputy Mayor’s office. Riverbay President Berk said: “I think it was a really important meeting. As Bernie (Cylich) pointed out, he does not remember the Mayor’s office ever meeting with the Board and management of this community.” The three Rivebay officials taking part in the meeting all said that the Mayor attended the meeting for approximately 30 minutes and was fully engaged in the discussions which included seeking relief from the exorbitant costs of the city’s requirements of Riverbay to follow strict air monitoring and asbestos abatement procedures when floor tiles are removed from apartments. (Continued on page 22)
Borough President Diaz Delivers Eighth 'State of the Borough' Address Bronx Borough President Ruben Diaz Jr. delivered his annual “State of the Borough” address, his eighth since becoming borough president in 2009, at the John F. Kennedy High School Campus in Marble Hill on Thursday, Feb. 23. In his speech, which can be read in full at http:// on.nyc.gov/2lLlgwx, the borough president discussed past successes, as well as new initiatives to bring positive change to the Bronx that could serve as a model for all five boroughs. “For nearly eight years, my office and our partners have developed and executed policies of equity and smart services, making the Bronx an even better place for all its residents,” Borough President Diaz said. “We said we would provide lawyers for tenants
(Continued on page 2)
Bartow Swingers present Black History Celebration More than 100 seniors packed Bartow Senior Center Friday morning for a diversified and informative program celebrating African American history and culture. Voncille Mallory, the leader of the Bartow Swingers, welcomed the gathering and then turned over the festivities to Mistress of Ceremonies Patricia Rasberry. The program had several highlights including the Dancing Gents portraying the original Black Panthers while Joyce Smith narrated the history of the famed Civil Rights pioneers. Barbara Wattley explained the origin of the Black Flag, Yolanda Grant detailed the history of unsung African-American inventors, Tasia Cox explained how people can explore the roots of their ancestors, while Daisy Windley performed a comedic, but thought-provoking, portrayal of the African American western feminist “Stagecoach” Mary Fields. The special guest speaker for the program was Brooklyn City Councilman Jumaane Williams who urged the gathering to strongly resist the policies and programs of the Trump administration, claiming that those policies will be a continuation of privileges for the wealthy and white that have defined American history for the past two centuries. Other highlights included Jenifer Hawkins reciting a poetic homage to Black women, the honoring of the beloved deceased through the Libation Cup, a dance performance by Millie Dent, and last, but not least, a rousing rendition of the Black National Anthem by Caroline Damon. Musical entertainment was provided by The “Kool Klaboratorz” ensemble with dancing by Damen Anthony and Unique Mix. Photo by Bill Stuttig