Sheldon Silver will try for Supreme acquittal

More interesting twists in the case of disgraced former Assemblyman Sheldon Silver:

Instead of waiting for federal prosecutors to retry his corruption case with revised jury instructions, his lawyers are attempting to get a hearing before the U.S. Supreme Court for an outright acquittal.

Silver’s original convictions were thrown out last month because of a subsequent Supreme Court decision that overturned the corruption conviction of Virginia Governor Bob McDonnell. Silver is hoping to get the same friendly reception by the D.C. Nine.

U.S. Attorney Joon Kim wants to prosecute Silver again, but now has to wait for the Supreme Court to decide whether to hear the case.

Silver’s appeal successful, will get new trial on corruption charges

Sheldon Silver
Former Assemblyman Sheldon Silver’s 2015 conviction on seven counts of fraud, extortion, and money laundering was overturned today by the Court of Appeals based on a new definition of “official acts” as set by the Supreme Court in 2016.

The appellate court ruled that instructions to jurors were too broad when compared to the new guidelines devised by the Supreme Court.

Acting U.S. Attorney Joon Kim issued a statement that Silver should expect a new trial and expressed confidence that even with narrower jury instructions Silver would be convicted again. At the same time, Silver’s lawyers said “We’re absolutely delighted with the result, and look forward in the future to a full Silver vindication.”

Preet Bharara, the U.S. Attorney who pursued Silver’s conviction, said on Twitter, “The evidence was strong. The Supreme Court changed the law. I expect Sheldon Silver to be retried and re-convicted.”

M14A bus gets another hearing with community board Tuesday

M14A

The community board transportation committee Tuesday will get an update from State Senator Squadron’s office on increasing the frequency of M14A buses.

Tuesday, July 11 at 6:45pm
Downtown Art, 1st Floor Theater
70 East 4th Street

It’s happened to all of us: waiting 30 minutes or more for the M14A at Union Square while watching bus after bus after bus marked M14D pick up passengers. The MTA says there’s a 3-to-1 ratio. The question is, why the disparity?

Two years ago cooperator Joseph Hanania started a petition to bring attention to the problem. He made two suggestions: increase the number of M14A buses, and let the M14D continue down the FDR access road to Grand, then turn and use the two stops for the M21 on its way to its normal end of route under the Williamsburg Bridge.

The MTA then reviewed ridership and decided that the frequency of buses was consistent with the count of riders. Advocates like Hanania said those counts were flawed because of how many people at Union Square just give up on getting an M14A and hop on the M14D instead.

Now Hanania says State Senator Squadron may have gotten the MTA to review its counting method  to take into consideration M14D riders who get off the bus and continue to walk to Grand Street. And so the issue is back before the community board’s transportation committee on Tuesday.

Update: No new counting methodology was introduced by the MTA this week. In fact, the MTA continues to insist that the ratio of M14D to M14A is appropriate.

East River Coop Yard Sale returns June 11 — reserve your spot today

Dawn Fox is bringing back the wildly popular East River Coop Yard Sale on Sunday, June 11.

  • Spaces are FREE.
  • Selling is for ER cooperators only (but anyone is welcome to buy).
  • Yard Sale will take place on the blacktop next to building #2 (577 Grand Street).
  • Sellers must bring their own tables and chairs.

If you want a spot, you’ll need to email her right away at ERyardsale@gmail.com. You can use the contact form below (all fields are required):

Board fills in cooperative garden with concrete

Just in time for Memorial Day weekend, East River maintenance pulled out all the plantings in the cooperative garden behind building 1 and filled in a large section of the garden with a concrete slab.

 

Somehow this gorgeous rose bush survived the slaughter:

The garden was started five years ago with the board’s blessing; East River maintenance assisted in preparing the beds. A year later, the board backed away from their support, but cooperators continued to cultivate the area on their own initiative.

Those cooperators this week were given no warning of the landscaping changes, nor any reason for them. (A member of the maintenance crew pouring concrete told me that the snow plows needed the area for snow removal, though I’ve seen snow from the parking lot plowed onto the grass here for several years without any ill effect to the grass or garden.)

No permit for fence construction — stop work order issued by NYC

If you’re wondering why the new fence on Grand Street has been sitting half-built since it first popped up three weeks ago, the answer can be found on the website for NYC’s Department of Buildings:

It turns out that management neglected to get a building permit. From the DOB website:

REAR OF BUILDING AT GRAND STREET OBSERVED CONSTRUCTION WORK GOING ON TO INSTALL NEW METAL FENCE WITHOUT PERMIT – APPX 9 FT H BY 70 FT TOTAL LENGTH – APPX 70% OF WORK DONE WITHOUT PERMIT

Furthermore, the DOB site states that this property “may be subject to DOB civil penalties upon application for a permit.”

“We will build a wall … “

No, not that wall … this one:

As promised last year, the Grand Street security fence has started to be erected between buildings 1 and 2 on the south side of the street. East River maintenance workers were outside yesterday and today putting in the first stretch of ironwork, which will, when finished, be painted black with gold spikes, just like the fence in front of the Hillman playground up the street.

As noted by board president Gary Altman in last year’s annual report, the total cost of these fences is expected to be a mere $45,000 because all the fabrication and installation is being done in-house.

Altman emphasized that the fence is not simply to guard against potential trespassers, but to advertise our privileged existence to potential buyers:

“The fence will again be not only a security fence but an enhancement to the value of our apartments as new people look behind the fences and see our beautiful gardens, playgrounds and sitting areas all reserved for those of us lucky enough to call East River our home. Perhaps a key to our private parks will one day carry some of the cache as a key to Gramercy Park has for over a hundred years.”

What do you think about the new fence?

Board president Gary Altman to retire from City Council

Gary Altman (Mark Chiusano/AM New York)
AM New York has the scoop this morning that Gary Altman is retiring from his position as chief legislative counsel to the New York City Council.

Altman has worked for the Council for almost four decades, under many mayors and council presidents. He has been on the East River board of directors almost as long, and now will have even more time to devote to the coop as board president.

Board announces another maintenance increase

The board announced a new maintenance increase today, just two weeks after distributing audited financials showing an even greater deficit for the last fiscal year than previously reported.

This is the second increase in a year.

In addition to monthly maintenance for everyone, rates for parking are going up for the first time in years, as are the fees for storage rooms and bike storage.

The board is also promising to recertify the parking lot — which is a fancy way of saying they will make sure that the cars parked in our lots are the ones that are supposed to be there. They also promise a crackdown on motorcycles and storage units that take up extra space in the parking lots.

The board’s memo today says “It is expected that these increases will raise revenue by around $1.2 million a year.” You can read the whole memo here.

Last year’s deficit clocked in at $2.4 million. That won’t be effected at all by this increase.

This year’s budget expects a deficit of $970,000. The new maintenance increases going into effect May 1 would reduce that deficit by approximately $200,000. That’s a $3.2 million shortfall over two years that the board has no plan to cover.

Just for good measure, the board will impose new penalties on owners with pets who defecate or urinate anywhere on coop property. $250 each time your pooch can’t hold it in from the front door to the curb.

Finance meeting recap

Audited financials for the 2015-16 fiscal year were released last week, and on Thursday members of the board of directors and the management office met with 50-60 cooperators in the community room to discuss the implications of that report.

Importantly, it was a respectful exchange, the sort of back-and-forth that unfortunately is rare at our annual meetings. Maybe it was the chance to have this conversation outside the heat of a campaign, or the opportunity to have it in a more casual environment and with a looser format; whatever the reason, I hope the board is encouraged to hold more of these events in the future.

Several critical issues were raised.

Has the new policy for unlimited subletting been a factor in the sharp decline of sales?

Opponents of the policy, changed by the board in 2015, warned that original owners and even their heirs would be encouraged to hold on to apartments for rental income, taking off the market first-sale units that would otherwise bring in flip tax revenue from 20% of the sale price. Since then, sales at East River have sharply declined and our flip tax revenue has been reduced. Is there a connection?

Board president Gary Altman said it’s too soon to tell, but emphasized that he knows of a couple of apartments that sold because of the increase in sublet fees, and other apartments that had been subletting illegally that are now on the books and bringing in sublet income. He gave no specific numbers.

The audited financials do not break out sublet fees from income, but the board’s budgets do: last year’s budget projects $350,000 in sublet fees while this year’s budget projects $600,000. Meanwhile, flip tax revenue has decreased by millions. There is no evidence of a connection. It is, as Altman said, almost certainly too soon to tell.

Given that our flip tax revenue is so unpredictable, what is the board doing to stabilize our finances?

Finance chair Ellen Gentilviso replied vaguely: “We are going to have a financial meeting now that the financials came out.” She continued, “We’re going to be looking at everything, seeing how much is paid for everything, and analyzing it and determining whether or not we will need a carrying charge increase and if so what percentage it will be. So that’s what we’ll be doing.”

Altman was more introspective about our historical reliance on flip tax revenue for operating costs. He referred to a memo from 2011, explaining, “We shouldn’t really be relying on flip tax. But we are going to rely on it somewhat because we’re trying to keep the maintenance down.” He explained that maintenance increases were particularly difficult for seniors and other families on a fixed income. He repeated, “So it [flip tax revenue] shouldn’t be relied on at all, but we do rely on it.”

The cooperator who asked the question said she agreed entirely, which is why we needed a more concrete plan.

Why are the budget and these audited financials always late — even later this year than usual?

General manager Shulie Wollman explained, as he has before, that upgrading management’s accounting system to a new solution was more complicated than they had expected and led to this year’s delays. He took responsibility: “Yes, we were tardy. Yes, we weren’t able to produce the financial report on a timely basis. We apologize on behalf of management.”

Wollman revealed that “The board was instructed at the last board meeting that they expect that management produces a budget this coming year in the month of June, with the passing by the board of directors by July” or August. He also said that with the new software now in place for a full fiscal year, he expects audited financials to be ready two weeks before our annual meeting.

Controller Sol Wenig explained that it was the “intricacies” of having one system for two coops (East River and Hillman) that made the migration so difficult.

With last year’s maintenance increase, should we expect to continue to see operating deficits?

The audited financials for last year showed an even larger deficit than we were told to expect. And the budget for this year also projects a shortfall. But Wollman was reluctant to categorize this downward trend as a problem. He emphasized that there were no large expenditures this year that would make the financial picture any worse than expected.

Wenig was more direct by saying expenses “did go up, and will continue to go up. They’re not going down, let’s not kid ourselves. So the board has a very difficult situation and they are going to address it because they are responsible in terms of acting in a responsible fashion in terms of dealing with this. And that’s what they’re going to meet with, discuss in terms of how to deal with the deficiency that exists today.”

To that point, Altman conceded that, based on property valuations, we should expect property taxes to go up an additional $800,000 – $900,000 in 2017-18. Meaning even if the board increases maintenance to cover this year’s deficit, we’re likely looking at another one next year too.

Is the coop’s debt too high?

This question was asked a couple of different ways. Board member Larry Goldman assured cooperators that the coop’s overall debt — a $23.5 million mortgage plus $5 million line of credit (not all of which has been used) — is very low compared to overall valuation of the property (approximately $1.2 billion). Altman pointed out that Penn South — 50% larger than our coop — has an underlying mortgage 6-8 times as large as ours.

Are we making enough on our commercial spaces?

Commercial income was $2.2 million in 2015-16, up from $1.7 million the year before. Wollman said that price per square foot is $45 – $50 on average, which is “fair market to the area.” He described conversations he has had with Starbucks and Dunkin Donuts, which were not interested in our end of Grand Street because of the lack of foot traffic. Seward Park, he said gets $90 per square foot because they are closer to the subway.

“Once there is a ferry,” Wollman added, “maybe the major stores would be interested. At current, they’re not interested.”

Why has there been no analysis of future capital expenses?

Every year, we see this same note in our audited financials: “Management has omitted to present the estimates of future costs of major repairs and replacements that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements.”

Wenig explained, “In order to comply with that regulation, what we would need to do is analyze every capital item that we have within the coop. That would go from the elevators to the roofs, the boiler rooms, the underground piping, the electricity.” He went on to say that an amount equivalent to the cost of replacement divided by the lifespan would need to be set aside each year into a reserve fund. He estimated that would require at least a million dollars a year that cooperators would need to contribute.

Of course, these replacement costs will need to be paid at some point, either slowly over time or all at once when the repairs are needed. Wenig said that the practice so far has been to deal with these costs as they come up. Future replacements would need to be paid for by an assessment, carrying charge increases, taking on more debt, or some combination of those options.

Update 3/27/17
Management has posted the slides they showed at the start of the meeting here.