Our Own “City Within A City” Directors Must Train, We “All” Must Vote

This is Why We Train

On January 20th and 21st, the Board will go into development training. The reason? No Board director comes equipped to handle the heavily regulated enterprise that is the Riverbay Corporation. We present our varied and unique set of skills as an offering to the work of the Board. We are asked to familiarize ourselves with countless rules, laws, codes and agreements, which result in volunteering an enormous amount of lifetime to service and community.

This is Why We Vote

“You” want to be sure that the persons you choose to represent you are up to the challenge and willing to do all that is necessary to manage and carry out the duties put before them on your behalf… The only way to keep a “control” on that is to be sure that each Board member is held to certain fiduciary responsibilities. The “development training weekend” is designed to do just that.

This is What Board Directors Do

Most important to note is that a Board member’s job is to govern and make policy. We do that by identifying problems and then taking said issues back to the Board (i.e. through a committee or from issues that have not been adhered to through the system of protocols put in place to run our corporation). A major red flag: Any Director who does not serve on a committee in any capacity, (i.e., chairperson or co-chair).

Board members are in a constant state of analysis (if we are doing our job correctly). We must protect the integrity of Management’s role (i.e., through addressing challenges by gathering information at the root cause).

When the community comes to us with problems, we must come together in the board room to make policy which governs our corporation and addresses those problems. Example: Repair issues that are not being solved. We must figure out why this is happening, (i.e., direct an investigation to identify the problem, through a committee, and gathering information as to the root cause). Then come back to the Board having pinpointed the problems, and offer a report of the committee’s findings. Then set policy and work with Management so that they will carry out “directives from the Board” to take particular action to address the issue. In short, if a Board director says to you, they will take care of a certain issue or problem for “you” individually, they are speaking out of turn. Such language can be detrimental to the corporation as a whole. Each Board member is a shareholder first, just like you The power, held by a Board member, is only in effect when utilized along with the Board as a unit.

Directors’ Fiduciary Duties

(These duties are the creed that a Board director must adhere to… They are framed on the wall in the board room as a reminder to us of our responsibilities):

■ Duty of Care

■ Duty of Confidentiality

■ Duty of Loyalty

■ Duty of Obedience

Let’s Analyze This and Make It Plain…

Footnotes:

The Riverbay Corporation Board Development Training presented by: Smith Buss & Jacobs LLP circa, 2022

Thetwo-day training will be held on the campus this year.

Duty of Care

■ Business Corporation Law § 717

– A director shall perform his duties as a director, including his duties as a member of any committee of the board upon which he may serve, in good faith and with that degree of care which an ordinarily prudent person in a like position would use under similar circumstances.

■ This also refers to the level of attention required of each director to attend meetings, carefully review documents, participate in committee work, pay attention, question, listen, understand, seek assistance from subject matter experts and do what is necessary to inform the decisions you are called upon to make.

Duty of Confidentiality

■ DHCR Regulations § 1725-2.4

Disclosure of information. Members of the board of directors have access to a considerable amount of personal information concerning tenants or cooperators. Such information should be held in the strictest confidence and should not be disclosed to any person except insofar as it has a direct bearing on: (a) the business of the company, or (b) the Division’s efforts to deter fraud in developments under its supervision, and except to persons duly authorized to receive such information.

■ Directors must protect all confidential corporate records, including personal employment and shareholders’ records.

Duty of Loyalty

Directors are not permitted to profit personally at the expense of the corporation, and their private interests may not conflict with corporate interests.

■ Bylaws Art. III, § 3(d)-(g); 3(i)

– A board member must act for “the well-being of the cooperative as a whole,” setting aside personal or political interests.

Duty of Obedience

■ If a Director goes beyond his or her legal authority, that may subject the Board, the Corporation, and all Directors to liability for breach of fiduciary duty.

■ Oath of Office

I … do solemnly swear that I will faithfully execute the duties of the Riverbay Board of Directors and will, to the best of my ability preserve, protect and defend the Constitution and laws of the United States of America and the State of New York. I furthermore affirm that by accepting the election of the shareholders of Riverbay Corporation to the Riverbay Board of Directors, I understand that I, individually, have no more rights or privileges than any other resident shareholder within this community. I pledge to obey all of the rules and regulations of the cooperative, and to work with the other members of the Board of Directors, as a whole, to develop and to oversee policy for the good of the entire Co-op City community.

Wishing you and yours the best of the best this New Year! I can be reached at mmarbury@riverbayboard.com

Dogs ––––– (Continued from page 1) reassurance to the lonely, to helping a blind person move about the community, to detecting previously undetectable danger and disease.

But dogs, like humans, have basic physical, emotional and psychological needs in order for them to be happy, fully-functioning and productive members of a family or even a community. Like all of us, they need regular exercise, affection, encouragement and a sense of purpose and belonging. They also need to be fed a daily proper diet for dogs (not people food), to be given a period of exercise, play and fun on a daily basis, be groomed regularly to prevent insect infestation and diseases that can come to them from it, get regular check-ups from a vet, and be properly trained to adhere to the behavior standards of a home and a family.

The Humane Society strongly recommends that anyone taking on the responsibility of dog ownership, no matter what size or breed, seek out the advice of a qualified dog trainer, not only for the dog, but also to teach the owner the effective leadership skills that will allow the dog to be happy, fulfilled and, in turn, well-behaved throughout its life.

Keep in mind that all Co-op City homeowners should be able to enjoy the property equally. As a result, it is essential for dog owners to recognize that their animals have the potential to be a nuisance to their neighbors and can cause their neighbors some anxiety, especially those who are not used to being around a dog. Dog owners, therefore, have an obligation to ensure they adhere to the principles of responsible ownership to be good neighbors.

Compliance with all existing laws is equally important for dog owners, especially those related to public health and safety.

New York City Health Code §161.05 states that any person who owns or controls a dog may not allow the animal to be in any public place or in any open or unfenced field abutting a public place, unless the dog is effectively

The MetroCard Bus visits Co-op City every first and third Thursday of the month. The bus only makes one stop in Co-op City: between 10:30 a.m. and 3 p.m. by the Bartow Mall on Co-op City Boulevard.

Some services offered by the bus are:

• Help with reduced-fare applications

• Transfer MetroCard balances (both full fare and reduced-fare)

• Exchange a damaged reduced-fare MetroCard for a temporary replacement

• Report a lost/stolen reduced-fare MetroCard

• Help with any MetroCard-related issues restrained by a leash or chain no more than 6 feet long. The applicable city fine is $200-$400.

For more MetroCard information, please visit new.mta.info/fares.

In addition, New York State Public Health Law §1310 (also known as the Pooper Scooper Law) requires dog owners to both curb and pick up after the animal. The law states that persons who own/control a dog must remove any feces left by that dog on any sidewalk, street, or other public area and dispose of it in a legal manner. The person may remove the feces and carry them away with him/ her for disposal in a toilet or their own trash container or trash bag. The feces may also be placed in a non-leaking bag or container and deposited in a DSNY litter basket. The provisions of this law do not apply to a guide dog accompanying a blind person. Failure to comply with this law can result in a $250 fine.

On Co-op City property, failure to abide by the New York Animal Waste Law and NYC Leash Law can result in a $250 Community Complaint fine. Keeping or harboring dogs or any animals deemed potentially harmful to the health and safety of others carries a $200 Community fine.

For the convenience of dog owners, Riverbay has provided poop bag stations on the greenways. These stations are located in rear of the Building 8 greenway, rear of Building 19 greenway,rear of Building 23 greenway, rear of Building 25 greenway and rear of Building 35 greenway area.

Further, it is also the law that all dogs living in New York City, must have a dog license. Only dogs under four months old, those that have been owned and/or resided in the city for less than 30 days, and those with a certificate of exemption from the commissioner of a public or private institution, are exempt from this law.

For a complete list of Riverbay’s Administrative Fees, please visit “Resources” page on the Co-op City website, https://coopcity.com, scroll down to “CCPD” and click on “Community Complaints & Fines.”

For up-to-date communication from Riverbay Corporation, read the Co-op City Times, delivered to your building lobby and the community centers on Saturdays, tune in to the Crawler on your home TVs and lobby monitors, and register for Phone Tree notifications.

On Thursday, January 4, 2024, our cooperators came out strong and sent a very clear message about a proposed marijuana dispensary store near our community. Additionally, a lot of cooperators worked behind the scenes to make sure that we were successful. So, a big thank you to everyone for their help.

Co-op City is a wonderful family community. Plus, the demographics of our community are really good for business. Therefore, we have three malls within our community. And, we have Bay Plaza and the Pear Tree Mall next to us. Additionally, we have a lot of youths and schools here.

So, some businesspeople might think about these factors for, perhaps, a good restaurant. On the other hand, some businesspeople might think about these factors for, perhaps, a drug dispensary store. Thereafter, they will develop lots of ways to reach our families along with everyone here. Now, if that strategy works, then are there strategies to get adults and young ones addicted to their products? Perhaps! However, that’s what we don’t want or need in our community.

Furthermore, do you think that it’s possible for some marijuana dispensaries to get involved in other unethical and illegal activities if money is put on the table? Of course! And, that’s why the biblical scripture plainly states: “The love of money is the root of all kinds of evil.” Look, there have been cases wherein some dispensaries have sold other drugs besides marijuana.

So, is it possible for some drug dealers to become acquainted with a dispensary that has a good customer base in Co-op City? Is it possible then for those drug dealers to partner with a dispensary to sell a variety of drugs here? If yes or maybe, how do you think other drug dealers might react to this type of successful drug operation?

Look, Co-op City could become an extremely wild and violent community if someone were to establish a successful marijuana dispensary here. Therefore, I’m glad that our cooperators showed up and let this proposed drug business and Community Board 10 know that we do not want drugs to be sold in our community.

Then, shortly before 9 p.m., most of the members of Community Board 10 voted down that proposed marijuana dispensary. So, I want to thank everyone here and some of the members of Community Board 10 that assisted with voting the proposed marijuana dispensary down.

Service Notifications

Riverbay must do a better job of informing our community when there are service issues here. For instance, there is no way that elevators and laundry equipment should be out for weeks without proper notification to our cooperators.

In reference to elevators, did you know that it could cost about $125,000 just to restore an elevator that was flooded out? So, we need to develop ways to protect our elevators against floods. Then, we need to install notices about the expected time frame for the repair of these elevators.

Many times, several washing machines will go out of service for several weeks within a building. How is this possible? Look, we need to develop a system wherein our malfunctioning washing machines are reported on a daily basis. Thereafter, these machines can be rapidly repaired or swapped out immediately.

Bottom line: We have over 950 employees here. Therefore, we need to change this concept of not holding anyone accountable for anything. Also, we need to stop making excuses for poor work and for things that we know are wrong.

In 2023, 7-Eleven closed 184 stores. Best Buy closed 27 stores. Foot Locker closed 116 stores. Office Depot closed 42 stores. Also, Bath & Body Works hired a team of advisors to help them cut costs by $200 million. In 2024, Rite Aid is going to close 140 stores. Walgreens is going to close 150 stores. And, other stores will be reducing their expenses to at least stay in business.

Riverbay is currently making about $273 million a year. But, we’re still maintaining 28 departments here along with a $100 million payroll. So, I recently published clear explanations about how I think that our money is being wasted on some insurance brokers and on our apartment renovations. And, now, can you believe that Riverbay is asking this community to maintain this wasteful spending and to accept a 2.1 percent increase?

As indicated above, other companies saw the reality of their business. Then, they took appropriate measures to reduce their expenses. However, with Riverbay, our shareholders might have to take food off of their table just to support these misguided business practices.

Bottom line: In my opinion, our current methods of operating the Riverbay Corporation are not sustainable. Therefore, Riverbay needs to consider taking steps to drastically reduce our budget.

Close

Our shareholders are in charge of everything here. Therefore, our shareholders need to consider having a powerful shareholder meeting here. Thereafter, our shareholders can make strong decisions about the direction of the Riverbay Corporation.

Thank you.

Contact Information

Please send a letter to: Board Director Daryl Johnson, Riverbay Corporation, 2049 Bartow Avenue, Bronx, NY 10475. Currently, here is my ONLY email account: djohnson@riverbayboard. com

I will never ask for or accept money from anyone. Therefore, please do not respond to any message with my name on it that requests money, money transfers, gift cards, personal information, or anything from you. And, please do not ever send money or anything to anyone because you saw my name on a false message.

Also, please call me ONLY at 718-671-4544 if you would like to have a brief discussion with me. And, please hang up your phone immediately if someone calls you and says that they’re Daryl Johnson or is associated with me and asks you for money or anything else.

Okay, that’s it for now. So, please have a wonderful week. And, may God bless you and your family. Thank you.

Co-op City’s Kung-fu and Karate Grand Champion Matthew Miller, also of the MartialWay Kung-fu Training Center, graduated last month from the University at Albany with a Bachelor of Science degree in Business Administration, Finance and Marketing, a full semester early because while in high school, he took 14 College Now credits at Herbert H Lehman College.

While attending Albany, Matthew worked as a resident assistant, then as a housing manager in exchange for room and board, thus saving his parents significantly in college expenses.

“We are so very proud of our son, and this is a very big deal for us. He’s our first and only child and both of us are college graduates,” said Matthew’s dad, Mike Miller. “Matthew worked very hard and was determined and driven to succeed. Being raised properly, staying on top of him, praying, having faith, and learning the rigors and disciplines of martial arts were contributing factors.” engineer and mixer. Matthew created his own recording studio in his dorm room and began producing music from students on campus. Word got around on campus and many students began coming to Matthew to record, mix and produce their music. Eventually, Matthew got his own apartment and built his new recording studio in his apartment.

“I invested a lot of money in this recording equipment, and it paid off. Individuals on a weekly basis come to his apartment to record their projects to this very day,” said Mike.

In addition, Matthew received his real estate license and presently works for a top real estate company in Albany, and is also a photographer.

Matthew Miller

“This is a wonderful achievement for our son, accomplishing what he set out to do. I remember driving Matthew up to Albany and helping him settle in on his first day at his dorm room,” said Matthew’s mom, Andrene Miller. “Three and a half years went by so quickly. Time goes by so fast.”

Mike added: “People in our building are always asking about our son and how he’s doing and when we tell them, they all say how they remember him as a little baby and how time flies.”

While in college, Matthew resigned as housing manager for the university and became an intern at a music recording studio in Albany, learning how to record musicians, eventually becoming a certified music producer, sound

The next Coffee with Mike will take place on Saturday, January 20, 9:3010:30 a.m. at the Section Five pizzeria, 133 Einstein Loop.

“I wish to thank the entire Co-op City community and the Co-op City Times for all the support you all have given,” said Mike. “You all made a very difficult job easier with your prayers, good thoughts, very kind words of encouragement and greetings, even those who just walked up to us and handed Matthew money. Every kind word, every single dollar, and every inquiry of concern you all had for our son is very much appreciated and thus contributed to Matthew’s growth and success. You all were major contributors to Matthew’s achievements, and we are so grateful and owe you all a debt we can never repay. Thank you.”

Matthew Miller graduated from Helen Keller Elementary school and IS 180 here in Co-op City, and the High School of Computer Technology at Evander Campus with an advanced Regents diploma. He was co-senior class president, best dressed, prom king and represented his high shool as an 11th grader in his performance in the Broadway hit play, HAMILTON, where he co-wrote, co-performed and produced a song with two other high school friends. The producers of the play chose them to represent their high school along with many other students from other high schools in the city to perform before a sold-out audience. They received a standing ovation for their performance.

If you have news you’d like to share with your neighbors, please email: cctimes@riverbaycorp.com

Co-op City buildings are fire-proof. If there is a fire, stay inside your apartment unless instructed to do otherwise by fire personnel. To keep smoke out, use towels and masking tape, and open windows only if the fire is above you because smoke rises. You may also go out onto your balcony, if it is safe to do so, until help arrives.

If the fire is inside your apartment, leave immediately, and alert your neighbors. Close the door behind you but do not lock it. Call 9-1-1 immediately. Co-op City shareholders are mailed a Fire Safety Notice in January of each year, per city code. Please read this information. Also, discuss fire safety and meeting points with family members in the event you have to evacuate.

Stay safe.

Once again to each of you, a very healthy, prosperous, and happy New Year!

I want to thank the officers and members of Community Board #10 (CB#10), who came out this past Thursday evening (Jan. 4th) for the expressed purpose of allowing two communities to hear the proposals to place cannabis dispensaries at two locations, however, the proposed site: 675 Co-op City Blvd. (Mellow Tymes, LLC) here in Co-op City, was our primary concern. Thank you, Matt Cruz, CB #10’s Manager, for making sure that information regarding the meeting was made available to both communities.

The January 6th edition of our Co-op City Times thoroughly covered the events of last Thursday night’s CB#10 meeting, however, I do want to thank all of those who came out to speak up for their preference in either opposing or supporting the proposed cannabis dispensaries. Those who do not live here in Co-op City, need to see that we are engaged as a community regarding issues we feel are important to us.

Being the first speaker called upon to address the proposed cannabis dispensary at 675 Co-op City Blvd. location by the chair, I decided against reading from a prepared statement, and simply began to speak out in opposition to the Cannabis Dispensary. The one thing that I did not emphasize during my 3-minute statement was that my opposition was not aimed at the owners of Mellow Tymes, LLC, or against the legalization of cannabis. I am against the licensing of a cannabis dispensary anywhere around the Co-op City campus – period.

In my opinion, Co-op City is the quintessential prototype of an upwardly mobile community. That’s exactly why shareholders come to “invest” their hard earned money to live here. Cooperators have come to expect and support new businesses that enhance our well-being and quality of life, not businesses that will serve to bring undesirable elements here to our residential campus. Clearly, opening a cannabis dispensary here would not serve to improve the quality of life for cooperators. Our community would be better served by replacing the two banks that left the community, or at the very least, make an effort to attract some other financial institution(s) offering sound investment opportunities for cooperators of every age, not a cannabis dispensary bringing undesirable individuals onto Co-op City’s campus. Our community would be better served by attracting learning centers that specialize in the training of returning people to work because it may be difficult for them to live on the retirement dollars they are currently receiving. We are not looking to reverse engineer our community into looking like a lower income neighborhood.

Six years ago, I proposed to initiate a program for students and adults that would give multiple age groups the opportunity to become more proficient at using Microsoft’s 365 software, a must for college students, and a possible game changer for those looking to advance their work skills for better paying jobs. Additionally, I proposed that our high school and college students could work with our senior residents to help out with instructions, and at the same time, allow them to work towards credit for community service. I tried to get Riverbay Management to lease the former Chase Bank building from the owner of the Peatree Mall property for that purpose. When I was replaced as president of the Riverbay Fund, Inc., no further commitment to that project was undertaken. These are the types of resourceful enterprises that cooperators would gravitate to with open arms, not a cannabis dispensary bringing undesirables to our Co-op City campus.

The January 2nd edition of Crain’s New York Business reported that 43 statewide “legal” cannabis dispensaries posted a first year sales of more than $150 Million. In the final analysis, always follow the money. The State wants to make the billions of dollars in revenue a year that the sales of cannabinoid products is estimated to make. Selling drugs in our community should not be synonymous that raising tax revenue for NY State.

Per capita, Co-op City arguably has the highest concentration of MTA transit operators (buses and trains), as well as others employed in jobs where drug testing is mandatory. According to the NYC Commission on Human Rights, marijuana testing in employment (as of May 2020) may not test job candidates for marijua- na or tetrahydrocannabinols (THC) as a condition of employment, however, there are several exceptions. That law “does not change” for those employed before May 10, 2020.

The Resolution on Mello Tymes was defeated. That is only a first step. The Cannabis Control Board will have to vote on approval or disapproval of the issuance of Conditional Adult-Use Cannabis Dispensary (CAUCD) licensing. We must bring our objections before the Cannabis Control Board.

Two important follow-ups/One FYI:

1. Following up on my concern regarding the detouring of traffic while the drawbridge on the Hutchinson River Parkway is being replaced, I have been informed that the NYSDOT is taking measures to continue to allow traffic to move along the Hutchinson River Parkway (both directions) during construction of a new bridge, without detouring traffic into Co-op City.

2. I want to thank Assemblyman Michael Benedetto and State Senator Jamaal Bailey for passage of their Assembly and State Senate legislation which prohibits any future construction of digital billboards using flashing lights near certain Mitchell-Lama housing, and to NYC Councilman Kevin Riley, for the sponsorship and passage of the NYC Council Resolution in support of the State’s legislation.

FYI – This week, Governor Kathy Hochul in her State of the State address will speak to the issue of minimum wages. Back in the 2016/17, the Riverbay Board took care of the minimum wage issue by voting to be in compliance with the State’s requirement, and we continue to be in full compliance for our employees now, and the foreseeable future.

As always, thank you for reading my viewpoint. I can be reached at: rsaunders@riverbayboard.com.